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
Attn #adlaw geeks: Call for Panel Proposals -- 2025 ABA Administrative Law Conference (11/20-11/21)
www.yalejreg.com/nc/call-for-...
12.06.2025 15:41 — 👍 3 🔁 4 💬 0 📌 0
Ad Law Reading Room: "Designing Policymaking Mechanisms for Regulatory Dynamism," by Cohen, Edwards, Jones, and Ohm - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Designing Policymaking Mechanisms for Regulatory Dynamism,” by Julie E. Cohen, Nina-Simone Edwards, Meg Leta Jones, and Paul Ohm. Here is the abstract: The admini...
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is “Designing Policymaking Mechanisms for Regulatory Dynamism,” by Julie E. Cohen, Nina-Simone Edwards, Meg Leta Jones, and @paulohm.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
10.06.2025 13:34 — 👍 4 🔁 3 💬 0 📌 0
Legalistic Noncompliance
Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump
New paper from me and @leahlitman.bsky.social, entitled "Legalistic Noncompliance," taking stock of the second Trump administration's emerging practice with respect to judicial orders. It's on the "draft-y" side -- comments welcomed! papers.ssrn.com/sol3/papers....
05.05.2025 16:43 — 👍 85 🔁 26 💬 3 📌 1
Ad Law Reading Room: "Appropriations Presidentialism," by Lawrence, Pasachoff, and Price - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Appropriations Presidentialism,” by Matthew B. Lawrence, Eloise Pasachoff, and Zachary S. Price, which is forthcoming in the Georgetown Law Journal Online. Here i...
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Appropriations Presidentialism," by @mblawrence.bsky.social, Eloise Pasachoff, and Zachary Price. Check it out! www.yalejreg.com/nc/ad-law-re...
28.04.2025 15:19 — 👍 5 🔁 4 💬 0 📌 1
To be mentioned in the same sentence as @primuseve.bsky.social and teaching excellence is an honor. Eve sets the high bar for teaching excellence here @umichlaw.bsky.social.
24.04.2025 13:19 — 👍 5 🔁 2 💬 1 📌 0
Michigan Law Students Recognize Bromberg, Edmonds, Primus, and Walker with 2025 Teaching Awards | University of Michigan Law School
The Law School Student Senate (LSSS) has announced the winners of the 2024–2025 teaching awards.
LSSS has announced the winners of the '24–'25 teaching awards.
Prof @primuseve.bsky.social won the L. Hart Wright Award for Excellence in Teaching, and Profs Howard Bromberg, Mira Edmonds, and @chrisjwalker.bsky.social also received student-nominated awards.
michigan.law.umich.edu/news/michiga...
24.04.2025 13:15 — 👍 9 🔁 3 💬 1 📌 1
YouTube video by Institute for Policy Integrity
Symposium Panel 2: Building On A Clean Slate
Last week at the NYU Law Review/Policy Integrity Institute symposium, I was part of a really cool panel on how we would rethink administrative law if we were writing on a clean slate. Here's the video (at the start of my remarks): youtu.be/77YyfLnNhzE?...
18.04.2025 17:18 — 👍 4 🔁 1 💬 0 📌 0
Join Us on May 8, 2025, for the ABA Administrative Law Scholarship Conference - Yale Journal on Regulation
On Thursday May 8, 2025, in Washington, DC, the ABA Section of Administrative Law and Regulatory Practice is hosting a terrific scholarship conference that will feature paper presentations and comment...
Attn #adlaw nerds: Join Us on May 8, 2025, for the ABA Administrative Law Scholarship Conference -- 30 papers to be workshopped, ~50 scholars presenting and commenting, and plenty of time to socialize. Complimentary registration details here: www.yalejreg.com/nc/join-us-o...
13.04.2025 19:18 — 👍 10 🔁 5 💬 1 📌 0
Congrats to @nyulawreview.bsky.social & @policyintegrity.bsky.social for a fantastic symposium. Interesting & timely remarks from
@chris_j_walker & many others. So grateful for the opportunity to join & highlight Harmonizing Delegation & Deference After Loper Bright.
papers.ssrn.com/sol3/papers....
12.04.2025 15:08 — 👍 4 🔁 1 💬 0 📌 0
Looking forward to presenting today! Eager to talk about an agency that hasn’t existed for 40 years.
11.04.2025 14:43 — 👍 3 🔁 1 💬 0 📌 0
legal historian, bureaucracy enthusiast, amateur confectioner
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 | Author: The Battle to Stay in America | 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
Fellow & VAP at Michigan Law | Contracts & Jurisprudence | https://almadiamond.net/
Kirkland & Ellis Professor of Law
University of Michigan Law School
https://www.tiktok.com/@shermanjclark?_t=8rQMwCAWWvn&_r=1
(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.
Supreme Court correspondent, 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 RJ issues. Mom. Kansan. 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, NBC/MSNBC legal analyst, The Contrarian contributor, former U.S. Attorney, EDMI
