This is a report to the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in ju

Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump administration. But what does it mean to...

Today’s Ad Law Reading Room entry is “Protecting Perkins: Removal, Supervision, and Article II,” by Amy J. Wildermuth and Peyton C. Baker. Here is the abstract: With the Supreme Court almost certain t...

This is a draft report to the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments

Today’s Ad Law Reading Room entry is “Valuing Administrative Democracy,” by Brian D. Feinstein and Daniel E. Walters. Here is the abstract: Public engagement has long sat at the heart of administrativ...

The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court...

Today’s Ad Law Reading Room entry is “Immigration Venue Exceptionalism,” by Stacy Caplow and Maryellen Fullerton, which is forthcoming in the Cornell Law Review. Here is the abstract: The notion of “e...

Today’s Ad Law Reading Room entry is “How Not to Design Expert Bureaucracy: Lessons from Administrative Law,” by Wendy E. Wagner, which is forthcoming in the North Carolina Law Review. Here is the abs...

Today’s Ad Law Reading Room entry is “Remedies in the Officer Removal Cases,” by Samuel L. Bray. Here is the abstract: When a federal officer challenges her removal by the president, what forms of int...

Table of Contents Articles Statutory Liquidation Daniel T. Deacon Testing the Independence Hypothesis Cree Jones, Tyler B. Lindley, & Thomas Smith The Independence of Central Bank Supervision Christin...

Today’s Ad Law Reading Room entry is “Officers at Common Law,” by Nathaniel Donahue, which is forthcoming in the Yale Law Journal. Here is the abstract: The Framers of the federal Constitution said al...

Today’s Ad Law Reading Room entry is “Rubber Stamps,” by Adam M. Samaha. Here is the abstract: Rubber-stamping is more often alleged than understood. The basic idea involves someone with formal author...

Today’s Ad Law Reading Room entry is “Loper Bright’s Disingenuity,” by Cary Coglianese and David Froomkin. Here is the abstract: Loper Bright prompted a tidal wave of reaction throughout the legal com...

Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump

Today’s Ad Law Reading Room brings two entries. The first is “Presidential Brokering in the Regulatory State,” forthcoming in the George Washington Law Review, by Jennifer Nou. The second is “The Chad...

Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump

Today’s Ad Law Reading Room entry is “The Gray Area: Finding Implicit Delegation to Agencies after Loper Bright,” by Matthew Stephenson. Here is the abstract: In Loper Bright v. Raimondo, the Supreme ...

Today’s Ad Law Reading Room entry is “New Challenges for Federal Regulations: Executive Branch Responses,” by Richard L. Revesz, which is forthcoming in the NYU Law Review. Here is the abstract: Over ...

Today’s Ad Law Reading Room entry is “Designing Policymaking Mechanisms for Regulatory Dynamism,” by Julie E. Cohen, Nina-Simone Edwards, Meg Leta Jones, and Paul Ohm. Here is the abstract: The admini...

Professors Daniel Deacon and Daniel Fryer, ’18, will present their research at the 2025 Harvard-Yale-Stanford Junior Faculty Forum, which will be held June 2–3. They are two of just 15 legal scholars ...

The executive branch is relying on the language of the law as cover to claim that it is complying with court orders when in fact it is not.

The executive branch is relying on the language of the law as cover to claim that it is complying with court orders when in fact it is not.

The executive branch is relying on the language of the law as cover to claim that it is complying with court orders when in fact it is not.

Today’s Ad Law Reading Room entry is “The Lost English Roots of Notice-and-Comment Rulemaking,” by Rephael G. Stern, which was recently published by the Yale Law Journal and posted to SSRN.  Here is t...

Daniel Deacon (University of Michigan Law School) & Leah Litman (University of Michigan Law School) have posted Legalistic Noncompliance on SSRN. Here is the abstract: Will the executive branch comply...

Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump