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The C. Boyden Gray Center for the Study of the Administrative State Research Paper Series

The C. Boyden Gray Center for the Study of the Administrative State Research Paper Series Logo
The C. Boyden Gray Center for the Study of the Administrative State is a research center at George Mason University's Antonin Scalia Law School. It was founded in 2015 to serve as a home for research and debate on new and timeless questions surrounding administrative law and the administrative state. New papers workshopped in the Gray Center’s roundtables and conferences are available in this Working Papers Series and on the Center’s web site.



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Viewing: 1 - 25 of 25 papers

1.

Local Governments in Nigeria: An Undermined Tool For Development in Nigeria

Number of pages: 10 Posted: 07 May 2021
Working Paper Series
Adekunle Ajasin University, Faculty of Law
Downloads 2
2.

Adding Judges: Issues in Federal Courts' Governance

C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 21-25
Number of pages: 32 Posted: 29 Apr 2021
Working Paper Series
Center for the Rule of Law
Downloads 2
3.

Super Deference and Heightened Scrutiny (or When Super Deference Is Not So Super)

Florida Law Review, Forthcoming, Case Legal Studies Research Paper No. 2021-7, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 21-22
Number of pages: 45 Posted: 19 Apr 2021 Last Revised: 26 Apr 2021
Accepted Paper Series
Case Western Reserve University School of Law
Downloads 88
4.

Decoding Nondelegation After Gundy: What the Experience in State Courts Tells Us About What to Expect When We’re Expecting

Emory Law Journal, Forthcoming, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 21-21
Number of pages: 54 Posted: 23 Mar 2021
Working Paper Series
The Pennsylvania State University (University Park) – Penn State Law
Downloads 97
5.

Avoiding Authoritarianism in the Administrative Procedure Act

28 George Mason Law Review 573 (2021), C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 21-02
Number of pages: 35 Posted: 18 Feb 2021 Last Revised: 02 Apr 2021
Accepted Paper Series
Rutgers Law School
Downloads 46
6.

Will the 'Legal Singularity' Hollow Out Law's Normative Core?

Michigan Technology Law Review, Vol. 27, 2020, Georgia State University College of Law, Legal Studies Research Paper No. 2021-02
Number of pages: 71 Posted: 22 Jan 2021 Last Revised: 09 Feb 2021
Accepted Paper Series
Georgia State University College of Law
Downloads 71
7.

A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence from the Federal Tax on Private Real Estate in the 1790s

Yale Law Journal, Volume 130, No. 6, pp. 1288-1455 (2021), C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 20-17
Number of pages: 168 Posted: 19 Jan 2021 Last Revised: 05 May 2021
Working Paper Series
Yale University - Law School
Downloads 578
8.

The Lost World of the Administrative Procedure Act: A Literature Review

George Mason Law Review, Vol. 28, pp. 733-763, 2021, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 21-08, Ohio State Legal Studies Research Paper No. 587
Number of pages: 31 Posted: 04 Jan 2021 Last Revised: 26 Apr 2021
Accepted Paper Series
Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 328
9.

Transformation of Congressional Lawmaking by the Clean Air Act Amendments of 1970 and Its Effects

C. Boyden Gray Center for the Study of the Administrative State Research Paper
Number of pages: 25 Posted: 07 Oct 2020 Last Revised: 29 Oct 2020
Working Paper Series
Schar School of Policy and Government, George Mason University
Downloads 15
10.

Supplemental Paper to: “A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence from the Federal Tax on Private Real Estate in the 1790s”

C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 20-17 Supplement
Number of pages: 49 Posted: 23 Sep 2020 Last Revised: 14 May 2021
Accepted Paper Series
Yale University - Law School
Downloads 86
11.

The Case Against Chevron Deference in Immigration Adjudication

Duke Law Journal, Vol. 70, pp. 1197-1243, 2021, Ohio State Legal Studies Research Paper No. 558, Penn State Law Research Paper No. 15-2020, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 20-15
Number of pages: 47 Posted: 21 Aug 2020 Last Revised: 28 Jan 2021
Accepted Paper Series
The Pennsylvania State University (University Park) – Penn State Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 310
12.

The Sandbox Paradox: Balancing the Need to Facilitate Innovation with the Risk of Regulatory Privilege

72 South Carolina Law Review 445 (2020) , Mercatus Research Paper, 2020, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 19-36
Number of pages: 32 Posted: 21 Apr 2020 Last Revised: 27 Jan 2021
Working Paper Series
George Mason University - Mercatus Center and NetChoice

Multiple version iconThere are 2 versions of this paper

Downloads 95
13.

Judicial Administration

U.C. Irvine Law Review (Forthcoming)
Number of pages: 70 Posted: 13 Apr 2020 Last Revised: 21 Jan 2021
Accepted Paper Series
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 86
14.

Why We Need Federal Administrative Courts

George Mason Legal Studies Research Paper No. LS 20-05, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 20-09
Number of pages: 46 Posted: 27 Mar 2020
Working Paper Series
American Enterprise Institute (AEI)
Downloads 119
15.

Consent of the Governed: A Constitutional Norm That the Court Should Substantially Enforce

Harvard Journal of Law and Public Policy, Vol. 43, No. 1, 2020, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 19-04
Number of pages: 66 Posted: 11 Mar 2020 Last Revised: 26 Apr 2021
Accepted Paper Series
New York Law School
Downloads 39
16.

Statutory Rulemaking Considerations and Judicial Review of Regulatory Impact Analysis

70 Admin. L. Rev. 873, 2018
Number of pages: 87 Posted: 04 Mar 2020 Last Revised: 02 Apr 2020
Accepted Paper Series
Administrative Conference of the United States and George Washington University - Regulatory Studies Center
Downloads 22
17.

Dimensions of Delegation

167 U. Pa. L. Rev. 1849 (2019), U of Penn Law School, Public Law Research Paper No. 19-42, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 19-01
Number of pages: 43 Posted: 20 Dec 2019 Last Revised: 09 Apr 2020
Accepted Paper Series
University of Pennsylvania Law School
Downloads 293
18.

Codifying the Cost-Benefit State

C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 19-19
Number of pages: 40 Posted: 11 Nov 2019 Last Revised: 07 Apr 2020
Working Paper Series
George Washington University and GW Regulatory Studies Center
Downloads 66
19.

Delegation and Time

Iowa Law Review, Vol. 105, pp. 1931-1993, 2020, Ohio State Public Law Working Paper No. 492, July 2019, Case Legal Studies Research Paper No. 2019-12, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 19-14
Number of pages: 63 Posted: 22 Jul 2019 Last Revised: 11 Aug 2020
Accepted Paper Series
Case Western Reserve University School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 457
20.

A Perfect Storm: Religion, Sex and Administrative Law

St. John's Law Review , Vol. 92, No. 4, 2018, George Mason Legal Studies Research Paper No. LS 19-10, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 19-08
Number of pages: 58 Posted: 08 May 2019 Last Revised: 19 Oct 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 71
21.

When Agencies Make Criminal Law

10 U.C. Irvine Law Review 855 (2020), Hofstra Univ. Legal Studies Research Paper No. 2018-18
Number of pages: 53 Posted: 24 Oct 2018 Last Revised: 09 Apr 2020
Accepted Paper Series
Hofstra University - Maurice A. Deane School of Law
Downloads 185
22.

Protecting States in the New World of Energy Federalism

Emory Law Journal, Vol. 67, No. 5, 2018, C. Boyden Gray Center for the Study of the Administrative State Research Paper, Boston College Law School Legal Studies Research Paper No. 482
Number of pages: 54 Posted: 07 Jun 2018 Last Revised: 03 Apr 2020
Accepted Paper Series
Boston College - Law School
Downloads 33
23.

The New World of Agency Adjudication

California Law Review, Vol. 107, pp. 141-197, 2019, Ohio State Public Law Working Paper No. 438, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 18-XX
Number of pages: 58 Posted: 06 Mar 2018 Last Revised: 03 Sep 2020
Accepted Paper Series
Ohio State University (OSU) - Michael E. Moritz College of Law and The University of Texas at Austin - School of Law
Downloads 737
24.

Too Big for Administrative Law? FSOC Designations and the Fog of 'Systemic Risk'

C. Boyden Gray Center for the Study of the Administrative State Research Paper No. Forthcoming
Number of pages: 43 Posted: 07 Dec 2016 Last Revised: 10 Jun 2020
Working Paper Series
American Enterprise Institute
Downloads 68
25.

Legislating in the Shadows

University of Pennsylvania Law Review, Vol. 165, pp. 1377-1433, 2017, Ohio State Public Law Working Paper No. 365, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 16-XX
Number of pages: 58 Posted: 22 Aug 2016 Last Revised: 03 Sep 2020
Accepted Paper Series
Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 639