University Distinguished Chair in Law
Location: Worrell 3325
- Achieving Democracy: Pragmatism, Regulation, and Markets (Oxford University Press, 2014) (with Joe Tomain)
- Administrative Law And Procedure: A Problem Casebook (West Publishing Co., 5th ed. 2014) (with William Funk and Russell Weaver)
- Administrative Law And Process (Foundation Press, 6th ed. 2014) (with Paul Verkuil & Richard Pierce) (forthcoming)
- The People's Agents and the Battle to Protect the American Public: Special Interests, Government, and Threats to Health, Safety and the Environment (University of Chicago Press, 2010) (with Rena Steinzor)
- 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 (Stanford Press, 2003) (with Robert Glicksman)
- Regulatory Law And Policy: Cases And Materials (LexisNexis, 3rd ed. 2003) (with Joseph Tomain)
- Workers At Risk: The Failed Promise Of The Occupational Safety And health Administration (Praeger Press, 1993) (with Tom McGarity)
- Public Participation Without A Public: The Challenge for Administrative Policymaking, 78 U. Missouri L. Rev. 489 (2013) (with Richard Murphy)
- Rethinking Administrative Law: The Institutions of Public Law, 53 Washburn L. Rev. 1 (2013).
- Chevron and the Legitimacy of “Expert” Public Administration, 22 Wm. & Mary Bill of Rights Journal 465 (2013) (with Liz Fisher)
- Does OIRA Improve the Rulemaking Process?: Cass Sunstein's Incomplete Defense, 39 Admin. & Regulatory News 6 (Fall, 2013).
- Regulatory Science in Rulemaking and Tort: Using the Weight of the Evidence Approach, 3 Wake Forest J. L. & Pol. 101 (2012) (with Thomas McGarity)
- The Enlightenment of Administrative Law: Looking Inside the Agency for Legitimacy, 47 Wake Forest L. Rev. 463 (2012) (with Elizabeth Fisher & Wendy Wager)
- Regulatory Capture: The Complexity of Diagnosis and Remediation, 17 Rog. Williams L. Rev. 101 (2012).
- Politicized Judicial Review in Administrative Law: Three Impossible Responses, 19 Geo. Mason L. Rev. 319 (2012) (with Richard Murphy)
- Cost-Benefit Analysis: An Organizational Design Perspective, 19 NYU Envt’l L. Rev. 102 (2012)
- Paul Verkuil and Pragmatic Adjustment in Government, 32 Cardozo L. Rev. 2459 (2011).
- Book Review: Carl F. Cranor, Legally Poisoned: How the Law Puts Us at Risk From Toxicants,Am J. of Industrial Medicine (November, 2011)
- The Future of the Administrative Presidency: Turning Administrative Law Inside-Out, 65 Miami L. Rev. 577 (2010) (with Ronald Wright)
- The Social Costs of Dangerous Products: An Empirical Investigation, 18 Cornell J. of Law & Pub. Pol. 775 (2009) (with J. Paul Leigh and Ruth Ruttenberg)
- Political Science”: Regulatory Science After the Bush Administration, 4 Duke Journal of Constitutional Law and Public Policy 31 (2009)
- Eight Things Americans Can’t Figure Out About Controlling Administrative Power, 61 Ad. L. Rev. 5 (2009) (special issue) (with Richard Murphy)
- Capture, Accountability, and Regulatory Metrics, 86 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)
- The Case Against the IQA, Env. Forum, July/August 2005, at 26.
- Rethinkng 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)
Recent Book Chapters
- Procedural Issues and Judicial Review, in Occupational Safety & Health Law 577 (Gregory N. Dale & P. Matthew Shudtz eds., 3rd ed. 2013)
- Les Mutations De La Procédure Adminsitrative Americaine, in Le Droit Américain dans pas pensée juridique francaise Contemporaire: Entre Américanophobie et Améicanophilie (Pascal Mbongo & Russell L. Weaver eds. 2013)
- Depoliticizing Judicial Review in Administrative Law: Three Impossible Ways Forward, in Global Law and Administrative Law (Russel Weaver & Francois Lichere eds. 2011)
- The Necessity of Procedural Reform, in Beyond Environmental Law: Policy Proposals for a Better Environmental Future 37 (Alyson C. Lournoy & David M. Driesen eds. 2010) (Cambridge Press)
- Occupational Safety and Health, in Labor and Employment Law and Economics (Kenneth G. Dau-Schmidt, Seth D. Harris & Orly Lobel eds. 2009) (Edward Elgar Publishing)
- Transparency & 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)
Recent Policy Papers
- Comments to the FDA on food safety rules for raw produce on November 15, 2013 (with CPR Member Scholars Lisa Heinzerling, Thomas O. McGarity, and Rena Steinzor, and CPR Policy Analyst Michael Patoka)
- Comments to the FDA on preventive controls for human food production, November 15, 2013, (with CPR Member Scholars Lisa Heinzerling, Thomas O. McGarity, and Rena Steinzor, and CPR Policy Analyst Michael Patoka)
- TSCA Reform: Preserving Tort and Regulatory Approaches, CPR Issue Alert #1309, October 2013 (with CPR Member Scholars Emily Hammond, Thomas McGarity, and Wendy Wagner, and CPR Senior Policy Analyst James Goodwin)
- Distorting the Interests of Small Business: How the Small Business Administration Office of Advocacy’s Politicization of Small Business Concerns Undermines Public Health and Safety, CPR White Paper #1302, January, 2013 (with Policy Analyst James Goodwin)
- At the Company’s Mercy: Protecting Contingent Workers from Unsafe Working Conditions, CPR White Paper #1301, January 2013 (with CPR Member Scholars Martha McCluskey, Thomas McGarity and Senior Policy Analyst Matthew Shudtz)