Books

• The People\'s Agents: Revitalizing Safety, Health and Environmental Protection, (submitted to University of Chicago Press) (with Rena Steinzor).
• Administrative Law and Process, 5th ed. (2009) (Foundation Press) (with Paul Verkuil & Richard Pierce).
• Administrative Law and Procedure: A Problem Casebook, (3d ed. 2006) (West Publishing Co.) (with William Funk & Russell Weaver).
• Sophisticated Sabotage: The Intellectual Games that Industries Play to Subvert Responsible Regulation, (ELI Press 2004) (with Thomas McGarity & David Bollier).
• Risk Regulation at Risk: Restoring a Pragmatic Approach, (2003) (Stanford Press) (with Robert Glicksman).
• Regulatory Law and Policy: Cases and Materials, (3d ed. 2003) (LexisNexis) (with Joseph Tomain).
• Workers at Risk: The Failed Promise of the Occupational Safety and Health Administration, (1993) (Praeger Press) (with Tom McGarity).

Book Chapters

• Data Protection in the EU, in Administrative Law in the EU (George A. Bermann, Charles H. Koch, Jr. & James T. O’Reilly eds. 2008).
• Peer Review in Regulatory Science, in Rescuing Science from Politics (Rena Steinzor & Wendy Wagner eds. 2006).
• Procedural Issues and Judicial Review, in Occupational Safety & Health Law 149 (Randy Rabinowitz ed., 2008 Cumulative Supplement).
• Procedural Issues and Judicial Review, in Occupational Safety & Health Law 477 (Randy Rabinowitz ed., 2d ed. 2002).
• Regulatory Initiatives, in Developments in Administrative Law and Regulatory Practice 2000-2001 (Jeffrey S. Lubbers ed., 2002).
• Regulatory Initiatives, in Developments in Administrative Law and Regulatory Practice 1999-2000 (Jeffrey S. Lubbers ed., 2001).
• Regulatory Initiatives, in Developments in Administrative Law and Regulatory Practice 1998-1999 (Jeffrey S. Lubbers ed., 2000).
• Occupational Safety and Health Regulation, Vol. III Encyclopedia of Law & Economics (Boudewijn Bouckaert & Gerrit De Geest eds. 2000) (Edward Elgar Publishing), published at http://encyclo.findlaw.com/tablebib.html.
• Regulatory Alternatives, in Blood Banking & Regulation: Procedures, Problems, and Alternatives (Edward Dauer, ed. 1996) (National Academy Press, Washington).

Articles

• "The Social Costs of Dangerous Products: An Empirical Investigation," 18 Cornell J. of Law & Pub. Pol. __ (Summer 2009) (in press) (with J. Paul Leigh and Ruth Ruttenberg).
• “\'Political Science\': Regulatory Science After the Bush Administration," 3 Duke Journal of Constitutional Law and Public Policy __(Summer 2009) (in press).
• "Eight Things Americans Can’t Figure Out About Controlling Administrative Power," 61 Ad. L. Rev. __ (Winter 2009) (in press) (with Richard Murphy).
• "Capture, Accountability, and Regulatory Metrics," 84 Tex. L. Rev. 1741 (2008) (with Rena Steinzor).
• "Beyond Cost-Benefit Analysis: A Pragmatic Reorientation," 32 Harv. Env. L. Rev. 433 (2008) (with Christopher Schroeder).
• "OMB and the Politicization of Risk Assessment," 37 Env. L. 1083 (2007).
• "United Church of Christ v. FCC: Private Attorney Generals and the Rule of Law," 58 Ad. L. Rev. 939 (2007).
• "The People’s Agent: Executive Branch Secrecy and Accountability in an Age of Terrorism," 69 Law & Contemp. Probs. 99 (2006) (with Rena I. Steinzor).
• "A Standards-Based Theory of Judicial Review & The Rule of Law," 57 Ad. L. Rev. 107 (2006) (with Richard Levy).
• "The Case Against the IQA, Env. Forum," July/August 2005, at 26.
• "Rethinking Reform of Electricity Markets," 40 Wake Forest L. Rev. 497 (2005) (with Joseph P. Tomain).
• "Pragmatic Administrative Law, Issues in Legal Scholarship, The Reformation of American Administration Law (2005): Article 1," http://www.bepress.com/ils/iss6/art1/. 
• "Government Benefits and the Rule of Law: Toward A Standards-Based Theory of Due Process,"   57 Ad. L. Rev. 107 (2005) (with Richard Levy).
• "Improving Regulation Through Incremental Adjustment," 52 K.U.L. Rev. 1179 (2005) (with Robert Glicksman) (2004) (with Robert Glicksman).
• "The APA and the Back-End of Regulation: Procedures for Informal Adjudication," 56 Ad. L. Rev. 1159.
• "Outsourcing Government Regulation," 53 Duke L. Rev. 389 (2004).
• "The Information Quality Act and Environmental Protection: The Perils of Reform By Appropriations Rider," 28 Wm. & Mary Env. L. & Pol. Rev. 339 (2004).
• "OMB’s Dubious Peer Review Proposals," 34 Env. L. Rep. 10064 (2004).
• "Administrative Procedure and the Decline of the Trial," 51 Kansas L. Rev. 473 (2003) (with Richard Levy).
• "The Missing Perspective, The Environmental Law Forum," March/April 2003 (with Rob Glicksman).
• "Book Review: Regulatory Encounters and American Adversarial Legalism," 50 Am. J. Comparative Law 229 (2002).
• "Matching Public Ends and Private Means: Insights from the New Institutional Economics," 6 J. Small & Emerging Business L. 43 (2002).
• "Two Cheers For HBO: The Problem of the Nonpublic Record," 54 Ad. L. Rev. 853 (2002).
• "The New GATT Trade Regime, Regulatory Protection, and Public Accountability," 54 Ad. L. Rev. 435 (2002).
• "Goals, Instruments, and Environmental Policy Choice," 10 Duke Env. L. & Pol. Forum 297 (2001) (with Rob Glicksman).
• "Top Ten Reasons That Law Students Dislike Administrative Law and What Can (or Should) Be Done About Them?," 38 Brandeis L.J. 351 (2000).
• "Administrative Law After the Counter-Reformation: Restoring Faith in Pragmatic Government," 48 Kansas L. Rev. 689 (2000).
• "Voluntary Regulatory Compliance in Theory and Practice: The Case of OSHA," 52 Administrative L. Rev. 1249 (2000)(with Randy Rabinowitz).
• "The Necessity of OSHA," 8 Kansas J. Law & Public Policy 22 (1999).
• "OSHA Reform: Cooperation Versus Punishment," 49 Administrative L. Rev. 713 (1997) (with Randy Rabinowitz).
• "Substantive Reform, Judicial Review, and Agency Resources: OSHA As An Case Study," 49 Administrative L. Rev.645 (1997).
• "Analyzing Government Regulation," 49 Administrative L. Rev. 377 (1997) (with Joe Tomain).
• "OSHA\'s Critics and Regulatory Reform," 31 Wake Forest L. Rev. 587 (1996) (with Tom McGarity).
• "Agency Priority Setting and Review of Existing Rules," 48 Administrative L. Rev. 370 (1996).
• "A Delegation Theory of the APA," 10 Administrative L.J. 89 (1996).
• "Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decisions," 44 Duke L.J. 1051 (1995) (with Richard Levy).
• "Keeping The Baby and Throwing Out The Bathwater: Justice Breyer\'s Critique of Regulation," 8 Administrative L.J. 713 (1995).
• "The Resolution of Technological Controversies In Regulatory Agencies," 6 Risk: Issues in Health and Safety 127 (1995).
• "Occupational Safety & Health: Policy Options and Political Reality," 31 Houston L. Rev. 13 (1994).
• "Political Oversight and the Deterioration of Regulatory Policy," 46 Administrative L. Rev. 1 (1994).
• "Rejoining the Battle Against Noise Pollution," 9 Issues In Science And Technology 73 (Spring 1993).
• "Lessons From A Public Policy Failure: EPA and Noise Abatement," 19 Ecology L.Q. 1 (1992), reprinted in part in ENVIRONMENTAL VIEWPOINTS (M. Lazzari ed. 1994).
• "Not So Paradoxical: The Rational For OSHA," 1991 Duke L.J. 729 (with Tom McGarity), reprinted in part in Law and the Environment: A Multidisciplinary Reader (R. Percivil & D. Alevizatos eds.1997).
• "Poverty and the Politics of Occupational Safety and Health," 1 Kansas J. L.& P. 127 (1991) (with Tom McGarity).
• "Reflections On Teaching Administrative Law: Time For A Sequel," 43 Administrative L. Rev. 501 (1991).
• "Biotechnology and the Design of Regulation," 17 Ecology L.Q. 1 (1990).
• "Public Accountability of Advisory Committees,\' 1 Risk: Issues in Health And Safety 189 (1990).
• "Rethinking OSHA: Rulemaking Reforms and Legislative Changes," 6 Yale J. Regulation 1 (1989) (with Tom McGarity).
• "Congress, the Supreme Court, and the Quiet Revolution In Administrative Law," 1988 Duke L.J. 819 (with R. Glicksman).
• "Lab Safety and the Law," 18 Chemtech 267 (1988) (with Michael Burns & Robert Foster).
• "Heightened Scrutiny of the Fourth Branch: Separation of Powers and The Requirement of Adequate Reasons for Agency Decisions," 1987 Duke L.J. 387 (with Richard Levy); reprinted in part in Administrative Law Anthology (Thomas Sargentich ed. 1994).
• "Scientific Issues and The Function of Hearing Procedures: An Evaluation of FDA\'s Public Board of Inquiry," 1986 Duke  288.
• "Utility Regulation and the Political Process," 33 Kansas L. Rev. 491 (1985).
• "Responses to Occupational Disease: The Role of Markets, Regulation, and Information," 72 Georgetown L.J. 601(1984) (with Elinor Schroeder).
• "Political and Judicial Review of Agency Action," 60 Texas L. Rev. 1175 (1982) (with Richard Pierce).
• "Public Regulation of DNA Gene Therapy," 3 J. Legal Medicine 185 (1982) (with Tom McGarity).
• "The Trade Secret Status of Health and Safety Testing Infor­mation: Reforming Agency Disclosure Policies," 93Harvard L. Rev. 837 (1980) (with Tom McGarity), reprinted in part in International library of Essays in Law and legal theory (2d Series 2001).
• "Rethinking Kansas Administrative Procedure," 28 Kansas L. Rev. 419 (1980) (with Marilyn Ainsworth).
• "Limiting Physician Freedom to Prescribe a Drug for Any Purpose: The Need for FDA Regulation," 73 Northwestern L. Rev. 801 (1978).
• "Divorcing Profit Motivation From New Drug Research: A Con­sideration of Proposals to Provide FDA with More Reliable Test Data," 1978 Duke L.J. 154; reprinted in part in Public Health And The Law: Issues And Trends 389 (L. Hogue ed. 1980).
• "Abstention and Primary Jurisdiction: Two Chips Off the Same Block? -- A Comparative Analysis," 60 Cornel L. Rev. 75 (1974).