Administrative State Lunch Club Previous Readings
From Ballotpedia
Every two weeks, Ballotpedia’s Administrative State Team sits down to discuss an influential scholarly article or historical court decision to help deepen their understanding of the Administrative State. Join us in these discussions, or just listen in, as we read historical court decisions that broke new ground and articles that are shaping the dialog around the fourth branch.
FAQ
How do I join these calls?
These calls are hosted on Google Meet, a free platform. All participants will need to be signed into a Google Account to join. You can create a Google Account with a work or personal email address. These are video calls, but video is optional.
Do I need to read the material first?
Unless otherwise stated on the event, preparation is not required. Our team reads the material in advance, and a link to the material is provided, but it depends on how you prefer to participate in this series. On these calls you are welcome to participate, or just sit back and listen in.
Do I need to be an expert? Who is on these calls?
No need for a background in poli sci or the Administrative State. These calls are for anyone interested in learning more about, and staying updated on, the Administrative State. You are free to participate in the call with the Ballotpedia team, or just listen in.
What’s for lunch?
We recommend turkey, provolone, mustard, tomato, and lettuce on whole grain bread.
Here is a complete list of articles and court decisions that have been discussed in Ballotpedia's Administrative State Lunch Club.
Upcoming Discussions
For more information about upcoming Lunch Club meetings, click here.
Previous Readings
2022
June 6th, 2022
- The Administrative State, Inside Out
- Cass Sunstein
- Read the material here.
May 2nd, 2022
- The Lost World of the Administrative Procedure Act: A Literature Review
- Christopher J. Walker
- Read the material here.
April 18th, 2022
- The Undemocratic Roots of Agency Rulemaking
- Emily S. Bremer
- Read the material here.
April 4th, 2022
- Submerged Independent Agencies
- Brian D. Feinstein & Jennifer Nou
- Read the material here.
March 7th, 2022
- Nondelegation Step Zero
- David Froomkin
- Read the material here.
February 7th, 2022
- Mangling the Major Questions Doctrine
- Natasha Brunstein & Richard L. Revesz
- Read the material here.
January 24th, 2022
- The Untapped Potential of the Congressional Review Act
- Jody Freeman & Matthew Stephenson
- Read the material here.
January 10th, 2022
- Congress's Anti-Removal Power and accompanying blog post
- Aaron L. Nielson & Christopher J. Walker
- Read the material here and the blog post here.
2021
December 20th, 2021
- Decoding Nondelegation After Gundy: What the Experience in State Courts Tells Us About What to Expect When We’re Expecting
- Daniel Walters
- Read the material here
November 8th, 2021
- Super Deference and Heightened Scrutiny (or When Super Deference Is Not So Super)
- Jonathan H. Adler
- Read the material here
October 25th, 2021
- Some Benefits and Costs of Cost-Benefit Analysis
- Cass Sunstein
- Read the material here
October 11th, 2021
- Freerolls
- Annie Duke and Cass Sunstein
- Read the material here
September 27th, 2021
- Eight Futures of the Nondelegation Doctrine
- Andrew Coan
- Read the material here
September 13th, 2021
- Dimensions of Delegation
- Cary Coglianese
- Read the material here
August 30th, 2021
- Mr. Gorsuch, Meet Mr. Marshall: A Private-Law Framework for the Public-Law Puzzle of Subdelegation
- Gary Lawson
- Read the material here
August 16th, 2021
- Chevronizing Around Cost-Benefit Analysis
- Jonathan S. Masur and Eric A. Posner
- Read the material here
August 2nd, 2021
- Narrowing Chevron’s Domain
- Kristin E. Hickman and Aaron Nielson
- Read the material here
July 19th, 2021
- Symmetry’s Mandate: Constraining the Politicization of American Administrative Law
- Daniel Walters
- Read the material here
June 21th, 2021
- The Combination of Chevron and Political Polarity Will Have Awful Effects
- Richard J. Pierce
- Read the material here
June 7th, 2021
- Regulating Impartiality in Agency Adjudication
- Kent Barnett
- Read the material here
May 24th, 2021
- Presidential Review: The President’s Statutory Authority Over Independent Agencies
- Cass R. Sunstein and Adrian Vermeule
- Read the material here
May 10th, 2021
- The Administrative Presidency and the Degradation of the United States Civil Service through Political Time
- William G. Resh
- Read the material here
April 26th, 2021
- The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive (Part 2)
- Jed Shugerman
- Read the material here
April 12th, 2021
- The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive (Part I)
- Jed Shugerman
- Read the material here
March 29th, 2021
- Operationalizing Internal Administrative Law
- Christopher J. Walker and Rebecca Turnbull
- Read the material here
March 15th, 2021
- How Much Procedure Is Needed for Agencies to Change “Novel” Regulatory Policies?
- Ming Hsu Chen
- Read the material here
March 1st, 2021
- A Note on Human Welfare and the Administrative State
- Cass Sunstein
- Read the material here
February 15th, 2021
- The New Gatekeepers: Private Firms as Public Enforcers
- Rory Van Loo
- Read the material here
February 1st, 2021
- On Neglecting Regulatory Benefits
- Cass Sunstein
- Read the material here
January 18th, 2021
- Replacing Agency Adjudication with Independent Administrative Courts
- Michael B. Rappaport
- Read the material here
January 4th, 2021
- The Automated Administrative State: A Crisis of Legitimacy
- Ryan Calo and Danielle Keats Citron
- Read the material here
2020
December 21st, 2020
- Urgent Legal Lessons From a Very Fast Problem: COVID-19
- Eric E. Johnson and Theodore C. Bailey
- Read the material here
December 7th, 2020
- “Administrative Constitutionalism:” Considering the Role of Agency Decisionmaking in American Constitutional Development
- David E. Bernstein
- Read the material here
November 23rd, 2020
- Beyond Algorithms: Regulatory Automation for a Simpler, Less Divided World
- Felix Mormann
- Read the material here
November 9th, 2020
- A Rebuttal to 'Delegation at the Founding'
- Aaron Gordon
- Read the material here
October 26th, 2020
- Nondelegation at the Founding
- Ilan Wurma
- Read the material here
October 12th, 2020
- Pages 51-93 of Modernizing the Administrative Procedure Act
- The U.S. Department of Justice Office of the Deputy Attorney General
- Read the material here
September 28th, 2020
- Pages 1-50 of Modernizing the Administrative Procedure Act
- The U.S. Department of Justice Office of the Deputy Attorney General
- Read the material here
July 6th, 2020
- Interrogating the Historical Basis for a Unitary Executive
- Daniel D. Birk
- Read the material here
June 22nd, 2020
- Federal Agency Guidance and the Power to Bind: An Empirical Study of Agencies and Industries
- Nicholas Parrillo
- Read the material here
June 8th, 2020
- The Regulatory State’s Due Process Deficits: Nine Case Studies Highlight the Most Common Agency Failings
- Todd Gaziano
Jonathan Wood
Elizabeth Slattery - Read the material here
May 11th, 2020
- Our Administered Constitution: Administrative Constitutionalism from the Founding to the Present
- Sophia Z. Lee
- Read the material here
April 27th, 2020
- The Doctrine of Standing as an Essential Element of the Separation of Powers
- Antonin Scalia
- Read the material here
April 13th, 2020
- Faithful Execution: Where Administrative Law Meets the Constitution
- Evan D. Bernick
- Read the material here
March 30th, 2020
- Understanding State Agency Independence
- Miriam Seifter
- Read the material here
March 16th, 2020
- Is the Federal Reserve Constitutional? An Originalist Argument for Independent Agencies
- Christine Kexel Chabot
- Read the material here
March 2nd, 2020
- The Procedure Fetish
- Nicholas Bagley
- Read the material here
February 17th, 2020
- Not-So-Independent Agencies: Party Polarization and the Limits of Institutional Design
- Neal Devins & David E. Lewis
- Read the material here
February 3rd, 2020
- Delegation at the Founding
- Julian Davis Mortenson & Nicholas Bagley
- Read the material here
2019
December 9th, 2019
- An Overview of Administrative view of Administrative Due Process
- O. John Rogge
- Read the material here
November 11th, 2019
- Administrative Due Process: The Quest for a Dignitary Theory
- Jerry Mashaw
- Read the material here
October 28th, 2019
- Due Process and the Administrative State
- Edward L. Rubin
- Read the material here
October 14th, 2019
- Taxonomy of arguments about executive control
- Ballotpedia
- Read the material here
September 30th, 2019
- Taxonomy of arguments about executive control
- Ballotpedia
- Read the material here
September 16th, 2019
- Rethinking Admin Law: From APA to Z
- Various
- Read the material here
September 2nd, 2019
- Congressional Restrictions on the President’s Appointment Power
- Various
- Read the material here
August 19th, 2019
- A Modest Proposal: Abolishing Agency Independence in Free Enterprise Fund v. PCAOBl
- Neomi Rao
- Read the material here
August 5th, 2019
- Saving the Unitary Executive Theory from Those Who Would Distort and Abuse it: A Review of the Unitary Executive by Steven G. Calabresi and Christopher Yoo
- Richard J. Pierce
- Read the material here
July 22nd, 2019
- The Removal Power of the President and Independent Administrative Agencies
- Reginald Parker
- Read the material here
July 8th, 2019
- Hail to the Chief Administrator
- Saikrishna Prakash
- Read the material here
June 24th, 2019
- The Never-Ending Assault on the Administrative State
- Jack M. Beermann
- Read the material here
May 27th, 2019
- Envisioning Administrative Procedure Act Originalism
- Evan D. Bernick
- Read the material here
May 13th, 2019
- A review of, "On Freedom", by Cass R. Sunstein
- Randy Barnett
- Read the material here
April 29th, 2019
- Documenting the Impact of Regulation on Internal Firm Structure
- Kirby M. Smith
- Read the material here
April 8th, 2019
- Discussion with Professor Kent Barnett, University of Georgia Law School
- Kent Barnett
April 1st, 2019
- The Delegation Doctrine: Could the Court Give It Substance?
- David Schoenbrod
- Read the material here
March 4th, 2019
- Taxonomy of arguments about judicial deference
- Ballotpedia
- Read the material here
February 18th, 2019
- Taxonomy of arguments about judicial deference
- Ballotpedia
- Read the material here
January 21st, 2019
- Discussion with Adam White, Center for the Study of the Administrative State, Antonin Scalia Law School
- Adam White
January 7th, 2019
- Discussion with Professor Gary Lawson, Boston University School of Law
- Gary Lawson
2018
December 17th, 2018
- Documenting the Impact of Regulation on Internal Firm Structure
- Kirby M. Smith
- Read the material here
December 3rd, 2018
- Taft, Frankfurter, and the First Presidential For-Cause Removal
- Aditya Bamzai
- Read the material here
November 19th, 2018
- Envisioning Administrative Procedure Act Originalism
- Evan D. Bernick
- Read the material here
November 5th, 2018
- The Wisconsin Supreme Court decision in Tetra Tech, Inc. v. Wisconsin Department of Revenue concerning judicial deference
- Read the material here
October 22nd, 2018
- 1930s Redux: The Administrative State Under Siege
- Gillian Metzger
- Read the material here
October 8th, 2018
- ALEC state-APA model legislation
- Read the material here
September 24th, 2018
- Petitioning and the Making of the Administrative State
- Maggie McKinley
- Read the material here
September 10th, 2018
- Petitioning and the Making of the Administrative State
- Maggie McKinley
- Read the material here
August 14th, 2018
- Libertarian Administrative Law
- Cass Sunstein
- Read the material here
July 16th, 2018
- Resuscitating the Non-Delegation Doctrine: A Compromise and an Experiment
- A.J. Kritikos
- Read the material here
