Dear friends,

 

It’s been a summer full of activity for the Gray Center, and we’re keen to describe it all in this edition of the newsletter.


But it’s also been a summer of change. Our co-director, Jenn Mascott, accepted an offer to join the Catholic University of America’s Columbus School of Law. She’ll continue her landmark work there—her teaching, her scholarship, and her new Separation of Powers Institute. She also launched the Constitutional Renewal Foundation. We can’t thank her enough for all that she built and accomplished at the Gray Center, and we’re keen to watch her build her new institutions. Please sign up for their mailing lists, if you haven’t already.


There is good news, too. We are proud to announce that Joshua Kleinfeld is joining us as our new faculty co-director. Professor Kleinfeld joined Scalia Law's faculty this year after teaching for many years at Northwestern University's Pritzker School of Law and we are incredibly grateful to have him on board. He has many exciting new ideas for us to try at the Gray Center. Stay tuned for more on that soon.


The summer saw the publication of many Gray Center working papers and symposia. We list them all in the newsletter, a few paragraphs further down. You’ll find our George Mason Law Review symposium on Chevron and Loper Bright, which was previewed at one of our Fall 2023 conferences. You’ll also find our Journal of Law, Economics & Policy symposium on The Future of Financial Regulation, which also was the subject of a conference. The NYU Journal of Law & Liberty published our symposium on Why We Can’t Build In America Anymore. And stay tuned for our symposium on equity in the administrative state, to be published in the Georgetown Journal of Law and Public Policy—you might recall our webinar series on those papers in the spring.


Meanwhile, we’ve published several new policy briefs on infrastructure reform, civil service reform, White House reorganizations, and more. We’ve recorded podcasts on a wide range of topics. And we’ve hosted a bunch of events, too.

 

Like we said, it’s been a very busy few months for us. And we’ll be just as busy in the months to come: research roundtables for new working papers on the post-Chevron world; a symposium on Congress’s constitutional power of the purse; and much more.


We started the new academic year with a conference celebrating the work and ideas of our late friend, mentor, and namesake, C. Boyden Gray. We’re grateful to everyone who joined us that day, including his family, our special guest speakers, and our keynote speaker, former White House Counsel Don McGahn. We’re forever grateful to Boyden for his support and encouragement. And we’re grateful to you for all your support and encouragement, too. Stay tuned for a very, very productive year at the Gray Center.


All the best,

The Gray Center Team

Marketplace of Ideas

New working papers available on our website:


Jenn Mascott on the new trial right as structural constitutional reform


Gary Lawson on how the Supreme Court seems to be thinking about Chevron and how lower federal courts might respond


Thomas W. Merrill on shortcomings of the Major Questions Doctrine and alternative modifications for the Chevron doctrine


Emily S. Bremer on why the APA's ALJ regime is consistent with recent Supreme Court separation of powers decisions


Michael D. Ramsey on how originalists may defend the Major Questions Doctrine as a clear statement canon



Working papers newly published in law reviews or other journals:


Ashraf Ahmed, Lev Menand, and Noah A. Rosenblum on how presidential administration replaced "administration under law" in the Harvard Law Review


Ronald A. Cass on fixing deference in the New York University Journal of Law & Liberty


Ronald A. Cass on getting deference right in National Affairs


Gary Lawson and Joe Postell on reading Chenery II more narrowly in the Notre Dame Law Review


Eli Nachmany on the nondelegation doctrine in cases concerning the Bill of Rights in the BYU Law Review


The George Mason Law Review published our symposium on Chevron Deference, featuring:

The Journal of Law, Economics & Policy published our symposium on The Future of Financial Regulation:

The NYU Journal of Law & Liberty published our symposium on Why We Can't Build in America Anymore:


Gray Center Policy Briefs


Ronald A. Cass on the political choices related to civil service reform efforts


DJ Gribbin and Isaac Lubben on the costs of nationalizing infrastructure policy


Philip K. Howard on how to dislodge public union control over American government


Kevin Kosar on how to strengthen Congress's capacity to engage with regulations


Tevi Troy on the history of using White House policy councils to manage administration priorities


The "Gray Matters" Podcast


In recent episodes, Jace Lington and Adam White chatted with ...


Ron Cass on dealing with judicial deference


Michael Ramsey on an originalist defense of the Major Questions Doctrine


Jed Shugerman on lingering issues following the Supreme Court’s decision in the Biden v. Nebraska student loan case


Donald Kochan on applying public choice theory to the history of Florida's relationship with Disney


Paul Ray on critiquing the expertise rationale for Chevron deference


Jenn Mascott on Judge Aileen Cannon’s decision to dismiss the classified documents case against Donald Trump


Beau Baumann on how Progressive reformers at the turn of the twentieth century built institutions to arrest congressional decline

Gray Center Events

On September 6, we hosted a Memorial Symposium in honor of C. Boyden Gray. Don McGahn gave the keynote address and many of Boyden's friends and colleagues shared memories. Stay tuned for related videos and podcasts from that event.


On July 10, we co-hosted an event on The Examination Crisis: Restoring Safety, Soundness and the Rule of Law in Banking, with Jenn Mascott's Constitutional Renewal Foundation. The event featured keynote speaker Greg Baer from the Bank Policy Institute, Mark Chenoweth, Daryl Joseffer, Julie Hill, and Adam White.


On May 15, we co-hosted an event on Climate Lawsuits, Federalism, and the Role of State Tort Law with the Manhattan Institute and the Federalist Society. The event featured Jonathan Adler, Donald Kochan, Jenn Mascott, and James Copland.


On April 29, Jenn Mascott hosted a webinar on Federal Preemption and Environmental Regulation featuring Jonathan Adler, Richard Epstein, Edmund LaCour, and Adam White.


On February 22 and 23, The Center hosted a series of webinars on equity and the administrative state ahead of a symposium issue that will appear in the Georgetown Journal of Law & Public Policy.

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This newsletter is edited by Jace Lington, Research Director
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