Moderator: Hon. Chad Readler, U.S. Court of Appeals, Sixth Circuit.

• The inspiration for this panel’s title was Gillian Metzger’s article in the Harvard Law Review, 1930s Redux: The Administrative State Under Siege.
  

• Chris Walker’s article provides a helpful summary of recent "anti-administrativist" turns (for the whole symposium).

• Jennifer Mascott on the state of the nondelegation doctrine.

• Jeff Pojanowski twitter/X thread on the overturn of Chevron.

  • Neoclassical Administrative Law

  • Without Deference

• Aaron Nielson speaking at UChicago on "The Past and Future of Deference."

• Nina Mendelson summarizing recent anti-administrativist turns.

  • The Not-So-Standard Model: Reconsidering Agency-Head Review of Administrative Adjudication Decisions

  • Limiting Agency Head Review in the Design of Administrative Adjudication, by Rebecca Eisenberg and Nina Mendelson

• Thomas Merrill speaking on a panel about Loper Bright.

Moderator: Hon. Robert J. Luck, U.S. Court of Appeals, Eleventh Circuit

• Jonathan Adler on congressional oversight.

  • Article co-authored with Christopher Walker, titled Delegation and Time.

  • Article published in the Case Western Reserve Law Review, The Clean Water Act at 50: Is the Act Obsolete?

• Josh Cafetz on congressional powers in interbranch conflicts.

• Gillian Metzger discusses the idea of a living Congress.

• Amanda Neely moderating a panel about Congressional oversight.

• Justin Amash on why Congress is broken.

Moderator: Hon. Judge Rao, U.S. Court of Appeals, District of Columbia Circuit

• Judge Rao discusses why Congress still matters even as the admin state has expanded.

  • Judge Rao on Advisory Opinions talking about the separation of powers.

• Nicholas Bagley in the Atlantic discussing DOGE.

• Emily Bremer speaking on a panel about the administrative state, its supporters, and discontents.

• Jennifer Nou’s efforts to modernize federal regulatory review.

• Paul Ray’s article titled It’s Time for Federal Agency Enforcement Reform.

Additional Scholarship:

• For a deeper dive into Administrative Reform, check out the collection of essays about the administrative state in the 21st Century published by Daedalus. Including:

  • Deconstruction (Not Destruction) by Aaron L. Nielson.

  • Constraining Bureaucracy Beyond Judicial Review by Christopher J. Walker.

  • The Hedgehog & the Fox in Administrative Law by Judge Neomi Rao.

• Christopher Walker discusses the relationship between Congress and the administrative state.

• Professor Stiglitz argues that Congress might actually want to delegate to agencies to increase public trust.

Moderator: Hon. Joan Larsen, U.S. Court of Appeals, Sixth Circuit

• Julian Mortenson's piece on how to read Article II's vesting clause.

  • Julian Mortenson speaking on Lawfare podcast discussing executive power.

• Michael McConnell'sbook, The President Who Would Not Be King. Summary here.

  • Access Chapter 13, The Executive Power Vesting Clause.

  • Michael McConnell is giving a speech at Arizona State University on his above-mentioned book.

Moderator: Hon. Raymond Kethledge, U.S. Court of Appeals, Sixth Circuit

• Tara Grove authored a piece about how certain norms about judicial independence developed over time

• Jamal Greene’s book How Rights Went Wrong: Why Our Obsession with Rights is Tearing America Apart.

• Richard Primus forthcoming book on separation of powers, titled Constitutional Question: Enumeration and Federal Power.

• Amanda Tyler’s article titled Judicial Review in Times of Emergency: From the Founding Through the COVID-19 Pandemic

• Keith Whittington on speaking on a panel titled Is Judicial Review Democratic?

Additional Materials

• Judge Newsom explains jurisdiction stripping on AO

• Epps & Trammell on jurisdiction stripping

• Kannon Shanmugan on the legitimacy of the Supreme Court on Advisory Opinions

• Doerfler & Moyn on democratizing the Supreme Court

• Epps & Sitaraman writes about how to save the Supreme Court