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Dan Deacon

@dtdeacon.bsky.social
3.1K followers 650 following 125 posts

Law Prof (Michigan Law), writing mostly about administrative law

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Dan Deacon @dtdeacon.bsky.social · 20/09/2026
The Vikings D seems good but also the rain is messing up both offenses
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Dan Deacon @dtdeacon.bsky.social · 15/09/2026
@leahlitman.bsky.social are watching Jeopardy and the contestants completely changed in between single and double?
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Dan Deacon @dtdeacon.bsky.social · 12/09/2026
Sorry Longhorns fans but this seems like a better showing than when Texas was here a few years ago
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Dan Deacon @dtdeacon.bsky.social · 12/09/2026
Sooners really travel, eh?
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Dan Deacon @dtdeacon.bsky.social · 03/09/2026
I enjoyed Windhorst's surprise that Wachtell litigators can write well.
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Dan Deacon @dtdeacon.bsky.social · 28/08/2026
I'd rather the Bears stay at Soldier Field. Given the choice, however, I would pick Hammond over Arlington Heights, which outside of the Barnaby's restaurant has to be one of the most faceless cities in America.
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Dan Deacon @dtdeacon.bsky.social · 28/08/2026
The national sports media is getting a lot of chuckles out of the Bears moving to Indiana. But Hammond is as much Chicago as Arlington Heights, and more so if your image of the Chicago sports scene is the Bill Swerski guys.
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Dan Deacon @dtdeacon.bsky.social · 23/08/2026
The good news is the FAs will probably have time to offer you a PDB 😂
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Dan Deacon @dtdeacon.bsky.social · 21/08/2026
Why yes I am prepping for the first day of Fed Courts
Charli xcx's recent album cover but with Henry Hart, Herbert Wechsler, and Felix Frankfurter's faces replacing John Cale, Marc Jacobs, and Martin Scorsese's
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Dan Deacon @dtdeacon.bsky.social · 21/08/2026
Wasn't prepared for the "new" edition of Hart and Wechsler to compare Henry Hart's argument about the exceptions clause to the major questions doctrine 😲
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Leah Litman @leahlitman.bsky.social · 13/08/2026
Grateful to Adam Liptak for highlighting Daniel Deacon and my piece Legalistic Noncompliance in his latest newsletter (on Trumps response to several SCOTUS decisions from last term): @dtdeacon.bsky.social static.nytimes.com/email-conten...
static.nytimes.com
The Docket: After Supreme Court losses, Trump keeps pushing
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Dan Deacon @dtdeacon.bsky.social · 06/08/2026
BUT, I acknowledge it's difficult to draw the line, in part because it's difficult (for me at least) to stay on top of how good AI is becoming at this or that task. 2/2
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Dan Deacon @dtdeacon.bsky.social · 06/08/2026
I guess my broader point, and I'm sure in some sense we all agree with this, is that the risk that students may in theory improve their performance on X with AI can't drive all pedagogical decisions. My two cents at the moment is that, e.g., having students stand for cold calls would be overkill. 1/
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Dan Deacon @dtdeacon.bsky.social · 06/08/2026
Maybe I am behind on how people are using the technology. Is using an AI to answer cold calls that feasible? I suppose it might depend somewhat on the kinds of questions being asked.
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Dan Deacon @dtdeacon.bsky.social · 30/06/2026
Possibly fair. He definitely thinks the latter thing about Congress. It's just odd he doesn't say anything about "meaning" except to note things seem complicated to him. He's much more interested in defending judges' authority to create new exceptions based on changing facts.
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Dan Deacon @dtdeacon.bsky.social · 30/06/2026
In the end, maybe just more evidence for @richardre.bsky.social's thesis regarding legal realignment and the conservative shift away from formalism. 5/5
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Dan Deacon @dtdeacon.bsky.social · 30/06/2026
Statutes are static and prone to liquidation. The Constitution not so much. That's a potentially defensible position ("We must never forget that it is a constitution we are expounding"), but it's just different from the direction originalists/textualists seem to have been going. 4/
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Dan Deacon @dtdeacon.bsky.social · 30/06/2026
Second, even though my sense is that textualism and originalism have been converging in practice, his approaches to the statutory and constitutional questions seems to differ markedly. 3/
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Dan Deacon @dtdeacon.bsky.social · 30/06/2026
I doubt Kavanaugh would think that other constitutional provisions (presidents must be 35) admit to new "exceptions." But AFAICT, he doesn't actually inquire into the content of the 14th Amendment at all. He just assumes, I guess, that we're in the first category? 2/
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Dan Deacon @dtdeacon.bsky.social · 30/06/2026
Kavanaugh's opinion in Barbara strikes me as... weird. First, for originalists, presumably some constitutional provisions are flexible in the way Kavanaugh embraces because their content is in some ways underdeterminate (searches must be "reasonable"). 1/
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Dan Deacon @dtdeacon.bsky.social · 18/06/2026
It's true that in three days some things, like territorial and military courts, would still only get a passing discussion
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Dan Deacon @dtdeacon.bsky.social · 18/06/2026
Would it be student abuse to have three days on non-Article III courts in Fed Courts?? I used to teach the full arc through Stern/Oil States/Sharif, in part as a kind of case study on doctrinal evolution. And now there's Jarkesy, etc.
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Dan Deacon @dtdeacon.bsky.social · 27/05/2026
You can find the proposed recommendations here: www.acus.gov/document/dra...
acus.gov
Drafting Regulatory Preambles Proposed Recommendation for Plenary - Clean | Administrative Conference of the United States
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Dan Deacon @dtdeacon.bsky.social · 27/05/2026
Here's the thread I did on the draft report. Not much has changed. I look forward to discussing the judicial review committee's proposed recommendations, which grew out of the report, at ACUS's 85th Plenary Session in June! bsky.app/profile/dtde...
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Dan Deacon @dtdeacon.bsky.social · 27/05/2026
My final report to the Administrative Conference of the United States on drafting regulatory preambles in light of recent developments in judicial review of agency action is now available papers.ssrn.com/sol3/papers....
papers.ssrn.com
Drafting Regulatory Preambles (Report to the Administrative Conference of the United States)
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
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Dan Deacon @dtdeacon.bsky.social · 24/05/2026
Sorry, get rewarded how?
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Dan Deacon @dtdeacon.bsky.social · 24/05/2026
I've seen the thing about law professors changing what they write because of clerkships increasingly frequently. I mean, I guess I don't know much about how Yale works specifically, but that claim does not ring true to me at all.
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Leah Litman @leahlitman.bsky.social · 05/05/2026
Daniel Deacon @dtdeacon.bsky.social & my paper "Legalistic Noncompliance" is out now in the Duke Law Journal! It describes how the second Trump administration is saying they're complying with lower court orders even though they're not in fact doing so: scholarship.law.duke.edu/dlj/vol75/is...
scholarship.law.duke.edu
"Legalistic Noncompliance" by Daniel T. Deacon and Leah M. Litman
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...
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Nick Bednar @nicholasbednar.bsky.social · 18/04/2026
@dtdeacon.bsky.social has a nice write up of Wildermuth and Baker's recent piece on Perkins and the future of the civil service at the Court. www.yalejreg.com/nc/ad-law-re...
yalejreg.com
Ad Law Reading Room: "Protecting Perkins: Removal, Supervision, and Article II," by Amy Wildermuth and Peyton Baker - Yale Journal on Regulation
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...
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Dan Deacon @dtdeacon.bsky.social · 08/04/2026
I always intend to do this and then… don’t. I’ve started asking for fewer reprints than they offer.
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Dan Deacon @dtdeacon.bsky.social · 30/03/2026
You know I’m doing history because I actually have some books on my desk
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Dan Deacon @dtdeacon.bsky.social · 23/03/2026
The report gets into a bunch of other stuff as well. Comments welcome! 3/3
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Dan Deacon @dtdeacon.bsky.social · 23/03/2026
Part of the project has involved interviewing agency rule drafters (I've interviewed 19 so far) about how the demise of Chevron affected their agency’s approach to regulatory preambles. I have a post up at the Notice and Comment blog summarizing the responses: www.yalejreg.com/nc/loper-bri... 2/
yalejreg.com
Loper Bright’s Impact: Evidence from Interviews with Agency Rule Drafters - Yale Journal on Regulation
For the past year or so, I’ve been working on a project for the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in ju...
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Dan Deacon @dtdeacon.bsky.social · 23/03/2026
For the past year or so, I've been working on a project for the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in judicial review. The draft report is now available here: papers.ssrn.com/sol3/papers.... 1/
papers.ssrn.com
Drafting Regulatory Preambles (Draft Report to the Administrative Conference of the United States)
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
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Leah Litman @leahlitman.bsky.social · 26/02/2026
Thanks to Adam Liptak for highlighting Daniel Deacon @dtdeacon.bsky.social & my forthcoming Duke Law Journal piece "Legalistic Noncompliance"! Adam's piece: www.nytimes.com/2026/02/26/u... Our article: papers.ssrn.com/sol3/papers....
nytimes.com
Justice Gorsuch’s Tariffs Warning
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Dan Deacon @dtdeacon.bsky.social · 20/02/2026
Justice Gorsuch:
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Leah Litman @leahlitman.bsky.social · 20/02/2026
This isn't what SCOTUS *said* (they said nothing) BUT the Court's "passivity"-deciding not to decide or say anything - helps the executive branch aggressively characterize & implement the Court's orders. My draft paper "Passive Vices" goes into this (Law Review editors- it's looking for a home!)
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Dan Deacon @dtdeacon.bsky.social · 20/02/2026
I’ve done peer reviews this cycle for Harvard, Yale, Stanford, and Columbia. I think it’s only right that next cycle I get to choose which one publishes my piece 😇
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Dan Deacon @dtdeacon.bsky.social · 05/01/2026
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Valuing Administrative Democracy," by @briandfeinstein.bsky.social and @profdanwalters.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
yalejreg.com
Ad Law Reading Room: "Valuing Administrative Democracy," by Brian Feinstein and Daniel Walters - Yale Journal on Regulation
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...
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Dan Deacon @dtdeacon.bsky.social · 08/12/2025
My comment was partly informed by having read your essay. The category could be pretty broad!
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Shalev Gad Roisman @shalevroisman.bsky.social · 08/12/2025
I don't think the Roberts Court majority understands the limits of that category (or lack thereof) either harvardlawreview.org/blog/2025/04...
harvardlawreview.org
President Trump in the Era of Exclusive Powers - Harvard Law Review
The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court...
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Dan Deacon @dtdeacon.bsky.social · 08/12/2025
But maybe I don't understand that category
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Dan Deacon @dtdeacon.bsky.social · 08/12/2025
I think I'd rather the Court overrule Humphrey's than have the Court go around invalidating parts of statutes involving "conclusive and preclusive" presidential powers
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Joey Fishkin @fishkin.bsky.social · 08/12/2025
Justice Barrett is asking SG Sauer, do we really have to decide today which clause of the Constitution is the basis for our unitary executive theory? Can't we just continue "not being very specific about it," as we've been doing? Question captures something v. important about originalism and text.
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Dan Deacon @dtdeacon.bsky.social · 08/12/2025
Sauer's argument is substantively quite weak, but his understanding of the assignment may be the correct one: Just assure the justices they can do the thing, stipulate that they aren't deciding matters not before them, and move on.
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Dan Deacon @dtdeacon.bsky.social · 08/12/2025
All of these questions have been about the Fed, right?
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Dan Deacon @dtdeacon.bsky.social · 03/12/2025
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Immigration Venue Exceptionalism," by Stacy Caplow and Maryellen Fullerton. Check it out! www.yalejreg.com/nc/ad-law-re...
yalejreg.com
Ad Law Reading Room: "Immigration Venue Exceptionalism," by Stacy Caplow and Maryellen Fullerton - Yale Journal on Regulation
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...
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Dan Deacon @dtdeacon.bsky.social · 03/11/2025
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is “How Not to Design Expert Bureaucracy: Lessons from Administrative Law,” forthcoming in the North Carolina Law Review, by Wendy Wagner. Check it out! www.yalejreg.com/nc/ad-law-re...
yalejreg.com
Ad Law Reading Room: "How Not to Design Expert Bureaucracy: Lessons from Administrative Law," by Wendy Wagner - Yale Journal on Regulation
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...
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Dan Deacon @dtdeacon.bsky.social · 06/10/2025
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Remedies in the Officer Removal Cases," by Sam Bray. Check it out! www.yalejreg.com/nc/ad-law-re...
yalejreg.com
Ad Law Reading Room: "Remedies in the Officer Removal Cases," by Samuel Bray - Yale Journal on Regulation
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...
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Dan Deacon @dtdeacon.bsky.social · 22/09/2025
My article, "Statutory Liquidation," is now in final form. Check it out on SSRN: papers.ssrn.com/sol3/papers.... Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is... Thank you to the many who helped improve it!
administrativelawreview.org
Volume 77, Issue 3 - American University Administrative Law Review
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...
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