Dear friends,
The Gray Center's research roundtables have had a very busy few months. In this email, we'll give you a brief update on:

  • Newly posted working papers on our website;
  • Previous working papers that have recently been published in their final form in legal journals and;
  • Notable citations of Gray Center scholarship.

These papers cover a range of topics related to regulation, the separation of powers, and the administrative state more broadly and have received attention from the U.S. Supreme Court, multiple U.S. courts of appeals, state supreme courts, and academics.

Thank you for your interest in the work of the Gray Center. We hope these papers continue to elevate the scholarly debates surrounding the administrative state and lead policymakers to make better decisions.
All the best,
The C. Boyden Gray Center for the Study of the Administrative State
New Working Papers

Prior Working Papers Newly Published in Law Reviews

  • Jonathan Adler in the Florida Law Review on super deference and heightened scrutiny. He argues that there are reasons to question deference to scientific determinations if an agency action implicates constitutional concerns.

  • Mila Sohoni in the Notre Dame Law Review on equity and the sovereign. She argues that how to conceive of the sovereign in the context of equity in a government without a sovereign has been a problem since the beginning of the republic.

  • Aaron Saiger in the Boston University Law Review on reasons that states should resist the urge to follow the changing federal approach to judicial deference. He highlights the way "saying what the law is" fundamentally differs in state common law courts.

  • Aaron Nielson and Christopher J. Walker in the Vanderbilt Law Review on protecting agency independence using Congress's anti-removal power. They write that even without statutory removal protections for agency officials, Congress has plenty of constitutional tools it can use to deter removal.

  • James Broughel in the Harvard Journal of Law & Public Policy Per Curiam on state experiences with regulatory budgeting. He argues that traditional factors measured by cost-benefit are insufficient and that governments should consider the tradeoffs inherent in regulatory budgeting.

  • Laura Jones and Patrick A. McLaughlin in the Harvard Journal of Law & Public Policy Per Curiam on key metrics used to measure regulation. They advocate using simpler metrics for regulatory budgeting to have the greatest impact.

  • Andrea Renda in the Harvard Journal of Law & Public Policy Per Curiam on international experiences with regulatory budgeting and cost offsetting rules. He concludes that regulatory budgeting is only effective when combined with a mix of better regulation instruments.

  • Anthony P. Campau in the Harvard Journal of Law & Public Policy Per Curiam on recommendations for future regulatory budgets. He writes about his experience implementing the first federal regulatory budget in 2017 and responds to several criticisms.
Notable citations of Gray Center scholarship

  • U.S. Supreme Court Justice Clarence Thomas cited a paper by Jenn Mascott in an April 2023 concurring opinion holding that federal courts retain jurisdiction over constitutional claims that arise during disputes with federal agencies

  • The Ohio Supreme Court cited papers by Aditya Bamzai and Daniel Ortner in a December 2022 opinion rejecting Chevron-style deference

  • United States Court of Appeals for the Eleventh Circuit Judge Britt Grant cited papers by Ronald A. Cass and Jeffrey A. Pojanowski in a January 2023 concurring opinion that distinguished Stinson from Kisor deference

  • United States Court of Appeals for the Second Circuit Judge Richard J. Sullivan cited a paper by Ilan Wurman in a March 2023 opinion saying the funding structure of the CFPB does not violate the nondelegation doctrine

  • United States Court of Appeals for Veterans Claims Judge Joseph L Falvey, Jr. cited a paper by Michael S. Greve in a December 2022 concurring opinion calling that court an Article I tribunal
Don't receive our email invitations in your inbox? Click below to sign up so we can notify you about event registration.
This newsletter is edited by Jace Lington, Research Director