Current Calls for Papers

New working papers available on our website:

Ronald J. Pestritto on republicanism and expertise in today's administrative state

Tanner Jones and Jonathan Wolfson on how Congress can make judicial deference depend on clear delegation

Working papers newly published in law reviews or other journals:

Anita S. Krishnakumar on what the new Major Questions Doctrine is not in The George Washington Law Review

Ronald M. Levin on flaws in the Court's justifications for the Major Questions Doctrine in the California Law Review

R. Shep Melnick on the operations of the Office for Civil Rights in the U.S. Department of Education in The Forum

The Georgetown Journal of Law & Public Policy published our symposium on Equity and Administration:

• David E. Bernstein on racial "box-checking" and the administrative state
• Jonathan Berry on curbing racial classifications
• Ming H. Chen on race and regulatory equity
• Jesse Merriam on why DEI will not die
• Joy Milligan on what administrative state would have developed in an egalitarian democracy
• Bijal Shah on formalism's incompatibility with critical legal theory
• With an Introduction by Jace Lington and Adam J. White

The Foundation for American Innovation and the Gray Center co-published a symposium on Legislative Responses to Changing Deference Doctrines:

• Michael A. Fragoso on congressional responses to Loper Bright
• Jonathan Wolfson and Tanner Jones on reinforcing state and federal separation of powers
• Neil Chilson on using more adjudication post-Chevron
• Paul J. Ray on Congress's ability to use agency expertise
• John D. Rackey and Lauren C. Bell on recentering congressional committees
• Kacper Surdy on renewing regular order in the House of Representatives

Gray Center Events

Our friends at the Foundation for American Innovation are sponsoring an event to promote the symposium we co-published about how Congress might (or should) respond to the end of Chevron deference. They had to postpone the original date, but stay tuned for when we reschedule.

On November 12, we hosted a student lunch event featuring former EPA Administrator Andrew R. Wheeler on regulatory policy in the second Trump administration.

On October 1, we hosted a student lunch event featuring Scalia Law Professor Robert Luther III on the future of judicial appointments and the Supreme Court.

Friend of the Courts

Since our last newsletter, judges have cited scholarship supported by the Gray Center in the following cases:

• Giovinco v. Pullen, U.S. Court of Appeals for the 2nd Circuit
• Deference to Agency Expertise in Statutory Interpretation by Eli Nachmany

• McDowell v. Bayhealth Medical Center, U.S. Court of Appeals for the 3rd Circuit
• The Sickness Unto Death of the First Amendment, by Marc O. DeGirolami

• Marin Audubon Society v. FAA, U.S. Court of Appeals for the D.C. Circuit
• Judge Williams on Administrative Law, by Thomas W. Merrill

• Texas v. DHS, U.S. Court of Appeals for the 5th Circuit
• The Lost World of the Administrative Procedure Act: A Literature Review, by Christopher J. Walker

• Dayton Power & Light Co. v. FERC, U.S. Court of Appeals for the 6th Circuit
• The Origins of Judicial Deference to Executive Interpretation, by Aditya Bamzai
• Neoclassical Administrative Law, by Jeffrey A. Pojanowski

Elsewhere at Scalia Law

Other events of interest around campus:

• On February 26, the Law & Liberty Center is hosting an event to teach students how to have constructive conversations about current issues in law and policy

• On March 26, Scalia Law will host the next Scalia-Ginsburg Colloquy, featuring Ryan Dean Newman, general counsel to Florida Governor Ron DeSantis, and Cristina Rodríguez, Leighton Homer Surbeck Professor of Law at Yale Law School, discussing options for approaching U.S. immigration policy.