The George Washington University Regulatory Studies Center has issued a call for papers on “Policymaker Responses to the Revolution in Administrative Law.” Details below.
In the last 15 years, the Supreme Court has rewritten the textbooks on administrative law. The George Washington University Regulatory Studies Center seeks papers that address how lawmakers and regulators are responding to the revolution in administrative law wrought by the Roberts Court. Below, we have provided examples of possible subjects.
- In cases like Loper Bright Enterprises v. Raimondo and West Virginia v. Environmental Protection Agency, the Supreme Court called on agencies to curtail adventurous readings of their enabling acts. Have agencies done so? How are agencies regulating “major questions”? Are agencies strategically advancing the “best reading” of statutes in their decisions?
- In Securities and Exchange Commission (SEC) v. Jarkesy, the Court cast constitutional doubt on many agency adjudications. After Jarkesy, how have agencies changed their adjudicative practices? More broadly, how have administrative agencies and the Justice Department changed their enforcement strategies?
- The Court has taken an expansive view of the president’s constitutional authority to manage the law’s execution, most recently in Trump v. Slaughter. How are presidents exercising this new personnel power? When a regime involves adjudication, to what extent, if any, are agencies ensuring the decision-maker’s independence? Where do members of the Senior Executive Service fit within contemporary doctrine?
- What is Congress’s reaction, if any, to these seismic changes in administrative law? Has Congress enacted specific legislative responses to any of the significant regulatory decisions emanating from the Supreme Court? Is there lawmaker interest in providing clarity to enabling acts? Have doctrinal changes affected how Congress allocates resources to agencies?
This is a non-exclusive list. We welcome any submission that focuses on how the Court’s evolving administrative law is influencing policymakers (rather than the lower courts). For example, we would welcome a paper that addresses agency implementation of the National Environmental Policy Act (also known as “NEPA”) in the wake of Seven County Infrastructure Coalition v. Eagle County.
We welcome submissions from a range of perspectives, including public policy and administration, economics, law, political science, the natural and physical sciences, and economic history. Cross-disciplinary collaboration is encouraged.
Paper proposals will be judged in terms of academic rigor and practical viability. Conceptual, theoretical, and/or empirical proposals are welcome. Proposals should be no more than 700 words and highlight both the approach and practical implications of the research. Proposals are due on August 3rd and may be submitted here.
Selected paper authors will receive an honorarium of $7,000, with $3,000 payable on delivery of the draft paper and $4,000 due on completion of the project.
See here for full details.
