In this article, I argue that the two tools in vogue to rein in the administrative state - backwards looking and humanities oriented originalism and future projecting and social sciencey cost benefit analysis - are hard to square with one another. Out in the Duke LJ, link next.
Wharton is hosting its annual financial regulation conference and unsurprisingly there’s a lot of stuff at the edge of banking. Private credit, systemic risk transfers, fintechs, ‘40 Act companies. It’s a nonbank world out there these days.
After nine wonderful years at @BU_Law, I’m excited to share that I’m joining the @Wharton School at the University of Pennsylvania. While I’m looking forward to this next chapter, I’ll deeply miss my terrific colleagues and students at BU.
Nice @whartonknows article on my research w/ @DanielJHemel on the value investors place on Delaware's politically balanced courts.
Implications for FTC, SEC, CFTC, & other regulatory commissions w/ vacant Dem seats? https://t.co/VOBAgCbYV6
Thanks to @danieltdeacon for his generous review of Dan Walters & my latest manuscript, "Valuing Administrative Democracy," on JREG's Notice & Comment blog.
now on SSRN: 𝘝𝘢𝘭𝘶𝘪𝘯𝘨 𝘈𝘥𝘮𝘪𝘯𝘪𝘴𝘵𝘳𝘢𝘵𝘪𝘷𝘦 𝘋𝘦𝘮𝘰𝘤𝘳𝘢𝘤𝘺 (w/ Dan Walters) -
Experimental evidence indicates people want meaningful avenues for public input in agency decisions, even when those procedures add substantial time.
now on SSRN: 𝘝𝘢𝘭𝘶𝘪𝘯𝘨 𝘈𝘥𝘮𝘪𝘯𝘪𝘴𝘵𝘳𝘢𝘵𝘪𝘷𝘦 𝘋𝘦𝘮𝘰𝘤𝘳𝘢𝘤𝘺 (w/ Dan Walters) -
Experimental evidence indicates people want meaningful avenues for public input in agency decisions, even when those procedures add substantial time.
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses. Legal Theory Blog is at https://t.co/D2xkWnXYwX. The Legal Theory Lexicon is at https://t.co/v7ihNBHjIo. Thanks in advance for you help.
@YaleJREG kicks off an online symposium today on Peter Conti-Brown & @SeanVanatta's fascinating new book "Private Finance, Public Power," a deeply researched history of bank supervision that anyone interested in banking, state capacity, or Am. political development should read.