I'm thrilled to share that my latest article, Repeal By Surrender, is forthcoming in the Virginia Law Review! Comments welcome!
papers.ssrn.com/sol3/papers....
01.03.2026 21:26
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I'm thrilled to share that my latest article, Repeal By Surrender, is forthcoming in the Virginia Law Review! Comments welcome!
papers.ssrn.com/sol3/papers....
Abstract
Federal agencies generally don’t consider constitutional challenges to statutory provisions in rulemakings or adjudications. In a new paper (on SSRN and forthcoming in U. Chi. L. Rev.), I explain why agencies can—and should—consider those challenges. Comments welcome! papers.ssrn.com/sol3/papers....
My first article is now on SSRN (and forthcoming in @WashULRev). It examines judicial review of non-final agency and presidential action. In the process, it reframes the relationship between courts and agency adjudicators. Comments welcome! papers.ssrn.com/sol3/papers....