My colleagues and I studied the effect on Obama nominees alone, pre- and post- Nov 2013. We find post-filibuster: faster confirmation times, higher confirmation rates, but not a big shift to appoint more liberal nominees (plotted here). www.degruyterbrill.com/document/doi...
09.12.2025 01:50 — 👍 2 🔁 1 💬 1 📌 0
Definitely potential for a post-filibuster effect, but not enough presidencies per party yet to really see (e.g., for Rs, impossible to untangle filibuster end from a pure Trump effect).
09.12.2025 01:50 — 👍 3 🔁 1 💬 1 📌 0
Would be super fascinating to try to measure the post-filibuster effect (similar to a post-Loper Bright effect in the coming years). I wouldn't be surprised if there is already or forthcoming polisci work on this @theclboyd.bsky.social
07.12.2025 15:29 — 👍 4 🔁 0 💬 1 📌 0
It's that time of year again! #GoBlue
25.11.2025 14:51 — 👍 4 🔁 1 💬 0 📌 0
YouTube video by Michigan Law
The Game at Michigan Law
It's my fourth year teaching here at Michigan Law, and my fourth big game since moving to The School Up North. We love it here in Michigan, but our football loyalties remain unchanged. 🤓
Time to re-up my favorite welcome video: youtu.be/jWCFaJ0tMfE?...
25.11.2025 02:28 — 👍 13 🔁 2 💬 2 📌 1
Here's the opinion: cdn.ca9.uscourts.gov/datastore/op...
25.08.2025 17:44 — 👍 1 🔁 1 💬 1 📌 0
Today the Ninth Circuit denied rehearing en banc in an important immigration case. Mike Kagan and I had filed an amicus brief urging rehearing. The panel opinion had made a mess of Loper Bright.
We did get three judges dissenting, and Judge Bumatay kindly gives our brief a shoutout in his dissent:
25.08.2025 17:44 — 👍 11 🔁 5 💬 1 📌 0
Attn law review editors: There are some excellent articles in the SSRN #adlaw reading list from last month that are apparently still looking for a home: www.yalejreg.com/nc/administr...
14.08.2025 20:04 — 👍 10 🔁 2 💬 0 📌 0
Screenshot of the following text: Stare Decisis and the Missing Administrability Inquiry
New York University Law Review (forthcoming 2025)
U of Michigan Public Law Research Paper No. 25-004
40 Pages Posted: 7 Aug 2025 Last revised: 11 Aug 2025
Andrew Hammond
Indiana University Maurer School of Law
Christopher J. Walker
University of Michigan Law School
Date Written: August 06, 2025
Abstract
Administrative law is undergoing a tremendous amount of change. Presidential administrations have abandoned long-held practices and embraced new strategies to make policy through adjudication and regulation. Meanwhile, the Supreme Court has reworked foundational principles of federal administrative law including agency independence, adjudication, and legal interpretation. What does the pace and degree of change in administrative law mean for the federal courts? We posit that some answers lie in the Supreme Court’s decision in Kisor v. Wilkie and its application in the lower courts over the last five years.
In Kisor v. Wilkie, the Court was asked to reconsider its longstanding precedents concerning judicial deference to federal agencies’ interpretations of their own regulations. The result was a splintered decision that produced more questions than answers. Justice Kagan, writing for the plurality (and in parts, the Court), reaffirmed those precedents, including Auer and Seminole Rock, but also clarified and expanded the ways in which such deference should be constrained. Justice Gorsuch penned the principal opposing opinion, arguing that the Court should abandon Auer deference entirely. Chief Justice Roberts cast the deciding vote based on stare decisis, suggesting that “the
New draft on @ssrn.bsky.social: Stare Decisis and the Missing Administrability Inquiry
By Professor @chrisjwalker.bsky.social and @andrewshammond.bsky.social (@iumaurerlaw.bsky.social)
@ssrn.bsky.social: papers.ssrn.com/sol3/papers....
12.08.2025 17:13 — 👍 8 🔁 4 💬 0 📌 0
New to SSRN: Andrew Hammond and I have posted a draft of a symposium essay from our Kisor dataset, entitled The End of Administrative Pragmatism? This one explores how Kisor, Loper Bright, and Consumers' Research affect theories in administrative law. Link here: papers.ssrn.com/sol3/papers....
13.08.2025 20:09 — 👍 10 🔁 1 💬 0 📌 0
For users of the Hickman, Pierce, & Walker federal admin law textbook, @chrisjwalker.bsky.social has posted the link to our summer supplement at the Notice & Comment blog. We're working on the 5th edition. Feedback from users is always welcome.
07.08.2025 17:30 — 👍 2 🔁 1 💬 0 📌 0
New to SSRN: Andrew Hammond and I have posted a draft of Stare Decisis and the Missing Administrability Inquiry: papers.ssrn.com/sol3/papers.... This is the first paper from our Kisor dataset, and it includes our findings from reviewing all lower-court decisions that invoke Kisor from 2019-2024.
06.08.2025 21:28 — 👍 10 🔁 2 💬 0 📌 0
ABOLISH ICE
—the people, united, will never be defeated—
Notre Dame Law School professor. Administrative law geek. Should be writing. Papers here: ssrn.com/author=926820
SSRN’s mission is to rapidly share early-stage research and empower global scholarship to help shape a better future. You can submit your research to SSRN online at www.ssrn.com.
UNLV Immigration Clinic Director | Bagel expert | Private chef to my kids | Vegas law prof | Mets fan | Frequent typo writer | Speaking for myself only. Obv. | https://behindtheborder.substack.com
McKnight Presidential Professor in Law, University of Minnesota Law School. Tax & administrative law scholar. Administrative Law Treatise co-author.
The University of Michigan Law School
VAP at Michigan Law | Incoming Assistant Prof at UT Law | Previously Law & Phil Fellow at Chicago Law | Contracts & Jurisprudence | https://almadiamond.net/
Kirkland & Ellis Professor of Law
University of Michigan Law School
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(Ravens, Red Wings, Orioles, Fulham)
Reluctantly here🙃| happily a 🎉TENURED🎉law professor in NYC🍎|thinking, talking, & writing about race, social justice, legal education 👩🏾💻|new mommy 👶🏾💙|11:1🙌🏾|travel bae ✈️
OSU law professor, Executive Director of Drug Enforcment and Policy Center (DEPC), writer of Sentencing Law & Policy blog, Marijuana Law, Policy & Reform blog, member Council on Criminal Justice
The New York Times national security and legal reporter. Not the Welsh footballer, Roddy Doyle character or 19th Century adventurer in Fiji.
Constitutional Law Professor and recovering Vice Dean at Seattle University School of Law. New to these environs.
Law professor and dean, Drexel University Kline Law.
Senior special writer, The Wall Street Journal. Author, "The Terror Courts: Rough Justice at Guantanamo Bay"; "Squeaky: The Life & Times of Lynette Alice Fromme." Founder: Raymond Chandler Square, L.A. City Historic-Cultural Monument No. 597.
Criminal law professor at the University of North Carolina
Director of the Prosecutors and Politics Project
Author of Punishment Without Trial: Why Plea Bargaining is a Bad Deal
Law Professor at UChicago. Administrative law, executive branch dynamics, separation of powers.
Prof @PittLaw, writing about abortion rights, pregnancy loss & other repro issues. Views my own. Bylines @NYT @Atlantic & more
John E. Anderson Professor of Tax Law, Emerita LMU Loyola Law School; Senior Scholar in Residence, Lowell Milken Center for Philanthropy and Nonprofits, UCLA School of Law. My scholarly papers: https://papers.ssrn.com/sol3/results.cfm?RequestTimeout=500000
Wife, Mom, UMich Law School Professor from Practice, MSNOW legal analyst, The Contrarian contributor, former U.S. Attorney, EDMI
