Kent H. Barnett

University of Georgia School of Law

225 Herty Drive

Athens , GA 30602

United States

SCHOLARLY PAPERS

26

DOWNLOADS
Rank 6,663

SSRN RANKINGS

Top 6,663

in Total Papers Downloads

11,525

SSRN CITATIONS
Rank 41,592

SSRN RANKINGS

Top 41,592

in Total Papers Citations

12

CROSSREF CITATIONS

8

Scholarly Papers (26)

1.

Chevron in the Circuit Courts

Michigan Law Review, Vol. 116, pp. 1-73, 2017, Ohio State Public Law Working Paper No. 359, UGA Legal Studies Research Paper 2016-27
Number of pages: 74 Posted: 13 Jul 2016 Last Revised: 04 Oct 2017
Kent H. Barnett and Christopher J. Walker
University of Georgia School of Law and University of Michigan Law School
Downloads 2,278 (11,453)
Citation 8

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administrative law, deference, judicial review, Chevron, Skidmore

2.

Resolving the ALJ Quandary

Vanderbilt Law Review, Vol. 66, p. 797-865, 2013, UGA Legal Studies Research Paper No. 2013-10
Number of pages: 69 Posted: 10 Sep 2012 Last Revised: 29 Sep 2015
Kent H. Barnett
University of Georgia School of Law
Downloads 1,687 (18,393)

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administrative law, administrative law judges, ALJs, constitutional law, separation of powers, administrative stuctures, appointments clause, removal, Free Enterprise Fund, Morrison, due process, inferior officers, interbranch appointment

3.

Standing for (and Up to) Separation of Powers

91 Ind. L.J. 665, 2016, UGA Legal Studies Research Paper No. 2015-7
Number of pages: 54 Posted: 05 Mar 2015 Last Revised: 03 Jun 2016
Kent H. Barnett
University of Georgia School of Law
Downloads 836 (50,914)

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4.

Against Administrative Judges

49 UC Davis L. Rev. 1643 (2016), UGA Legal Studies Research Paper No. 2015-38
Number of pages: 76 Posted: 10 Sep 2015 Last Revised: 02 Jun 2016
Kent H. Barnett
University of Georgia School of Law
Downloads 685 (66,378)
Citation 1

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administrative judges, administrative law judges, administrative law, Free Enterprise Fund, Caperton, due process, impartiality, bias, SEC, adjudication, APA, Administrative Procedure Act, formal adjudication, official immunity, judicial review, Chevron

5.

The Politics of Selecting Chevron Deference

15 Journal of Empirical Legal Studies 597–619 (2018)., University of Georgia School of Law Legal Studies Research Paper No. 2017-21, Ohio State Public Law Working Paper No. 400
Number of pages: 27 Posted: 13 Jun 2017 Last Revised: 17 Feb 2023
University of Georgia School of Law, University of Georgia - School of Public and International Affairs and University of Michigan Law School
Downloads 681 (66,903)

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Administrative Law, Deference, Judicial Review, Chevron, Skidmore

6.

Administrative Law's Political Dynamics

Vanderbilt Law Review, Vol. 71, pp. 1463-1526, 2018, Ohio State Public Law Working Paper No. 439
Number of pages: 64 Posted: 08 Mar 2018 Last Revised: 04 Nov 2018
University of Georgia School of Law, University of Georgia - School of Public and International Affairs and University of Michigan Law School
Downloads 554 (86,644)

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Administrative Law, Deference, Judicial Review, Chevron, Skidmore

7.

The Consumer Financial Protection Bureau's Appointment with Trouble

American University Law Review, Vol. 60, p. 1459, 2011
Number of pages: 30 Posted: 17 Feb 2011 Last Revised: 20 Oct 2015
Kent H. Barnett
University of Georgia School of Law
Downloads 538 (89,880)

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appointment, separation of powers, consumer financial protection bureau, administrative law, agency, bureau, Free Enterprise Fund, Freytag, inferior officer, department

8.

Chevron Step Two's Domain

Notre Dame Law Review, Vol. 93, pp. 1441-1473, 2018, Ohio State Public Law Working Paper No. 430
Number of pages: 34 Posted: 09 Dec 2017 Last Revised: 16 Jun 2018
Kent H. Barnett and Christopher J. Walker
University of Georgia School of Law and University of Michigan Law School
Downloads 476 (104,378)

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administrative law, deference, judicial review, Chevron

9.

How the Supreme Court Derailed Formal Rulemaking

George Washington Law Review Arguendo, Vol. 85, No. 1, 2017, University of Georgia School of Law Legal Studies Research Paper No. 2017-05
Number of pages: 25 Posted: 04 Feb 2017 Last Revised: 01 Mar 2017
Kent H. Barnett
University of Georgia School of Law
Downloads 432 (117,011)

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administrative law, rulemaking, Allegheny-Ludlum, Florida East Coast, Supreme Court

10.

Brief of Amici Curiae Professors Kent Barnett and Christopher J. Walker in Loper Bright Enterprises v. Raimondo in Support of Neither Party and in Defense of Chevron Deference

U of Michigan Public Law Research Paper Forthcoming, University of Georgia School of Law Legal Studies Research Paper
Number of pages: 45 Posted: 25 Jul 2023 Last Revised: 26 Sep 2023
Kent H. Barnett and Christopher J. Walker
University of Georgia School of Law and University of Michigan Law School
Downloads 406 (125,739)

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administrative law, deference, judicial review, Chevron, Skidmore, stare decisis

11.

Codifying Chevmore

90 N.Y.U. L. Rev. 1 (2015), UGA Legal Studies Research Paper No. 2015-12
Number of pages: 71 Posted: 07 Mar 2014 Last Revised: 29 Sep 2015
Kent H. Barnett
University of Georgia School of Law
Downloads 356 (145,658)
Citation 1

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administrative law, Chevron, Skidmore, Chevmore, Mead, deference, judicial review, Administrative Procedure Act, delegation, interpretive primacy, statutory intrepretation, common law, hard look review, regulatory capture

12.

Short-Circuiting the New Major Questions Doctrine

Vanderbilt Law Review En Banc, Vol. 70, pp. 147-163, 2017, Ohio State Public Law Working Paper No. 394, University of Georgia School of Law Legal Studies Research Paper No. 2017-18
Number of pages: 17 Posted: 26 Apr 2017 Last Revised: 17 May 2017
Kent H. Barnett and Christopher J. Walker
University of Georgia School of Law and University of Michigan Law School
Downloads 257 (204,643)

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Chevron, step zero, Mead, major questions, deference, administrative law, agency, agencies, statutory interpretation

13.

Due Process for Article III—Rethinking Murray's Lessee

26 Geo. Mason L. Rev. 677 (2019), University of Georgia School of Law Legal Studies Research Paper No. 2018-33
Number of pages: 28 Posted: 06 Sep 2018 Last Revised: 08 Jan 2020
Kent H. Barnett
University of Georgia School of Law
Downloads 255 (206,290)

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separation of powers, administrative law, agency, adjudication, Article III, impartiality, public rights, due process

14.

How Chevron Deference Fits Into Article III

89 Geo. Wash. L. Rev. 1143 (invited article for Annual Review of Administrative Law) , University of Georgia School of Law Legal Studies Research Paper, 2020-27
Number of pages: 56 Posted: 09 Sep 2020 Last Revised: 31 Jul 2023
Kent H. Barnett
University of Georgia School of Law
Downloads 253 (207,816)
Citation 1

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Chevron, deference, judicial review, administrative law, constitutional law, federal courts, administrative agency

15.

Avoiding Independent Agency Armageddon

Notre Dame Law Review, Vol. 87, pp. 1349-1404, 2012
Number of pages: 56 Posted: 13 Feb 2011 Last Revised: 29 Sep 2015
Kent H. Barnett
University of Georgia School of Law
Downloads 236 (222,436)

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Separation of Powers, Administrative Law, Removal, Independent, Independence, Agency, Free Enterprise Fund, PCAOB, Public Company Accounting Oversight Board, Administrative Law Judge, ALJ, Military Officer, Good Cause, Subordination, Tenure, Civil Service, Constitution, Law

16.

Non-ALJ Adjudicators in Federal Agencies: Status, Selection, Oversight, and Removal

Kent Barnett & Russell Wheeler, 53 Ga. L. Rev. 1-127 (2019), University of Georgia School of Law Legal Studies Research Paper No. 2019-07
Number of pages: 129 Posted: 25 Jan 2019 Last Revised: 29 Jan 2019
Kent H. Barnett
University of Georgia School of Law
Downloads 232 (226,197)

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administrative judges, administrative law, administrative law judges, adjudication, hearing officer, impartiality, partiality, due process

17.

Some Kind of Hearing Officer

94 Wash. L. Rev. 515 (2019), University of Georgia School of Law Legal Studies Research Paper No. 2018-32
Number of pages: 68 Posted: 06 Sep 2018 Last Revised: 02 Jun 2019
Kent H. Barnett
University of Georgia School of Law
Downloads 204 (255,069)

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administrative law, agency, adjudicator, administrative law judge, administrative judge, hearing officer, disclose, disclosure, Congress, impartiality, due process

18.

To the Victor Goes the Toil -- Remedies for Regulated Parties in Separation-of-Powers Litigation

North Carolina Law Review, Vol. 92, pp. 481-546, 2014
Number of pages: 66 Posted: 05 Feb 2013 Last Revised: 29 Sep 2015
Kent H. Barnett
University of Georgia School of Law
Downloads 202 (257,332)

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separation of powers, remedies, appointment, removal, Article III, Article II, Free Enterprise Fund v. PCAOB, Buckley v. Valeo, recess appointment, Noel Canning, NLRB, CFPB

19.

Chevron Abroad

96 Notre Dame Law Review 621 (2020), University of Georgia School of Law Legal Studies Research Paper No. 2020-08, Dean Rusk International Center Research Paper No. 2020-02
Number of pages: 56 Posted: 27 Feb 2020 Last Revised: 17 Dec 2020
Kent H. Barnett and Lindsey Vinson
University of Georgia School of Law and University of Georgia, School of Law
Downloads 199 (260,845)

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judicial review, administrative law, Chevron deference, comparative law

20.

Regulating Impartiality in Agency Adjudication

Duke Law Journal, 69 Duke L.J. 1695 (2020), University of Georgia School of Law Legal Studies Research Paper No. 2019-37
Number of pages: 54 Posted: 24 Dec 2019 Last Revised: 08 May 2020
Kent H. Barnett
University of Georgia School of Law
Downloads 167 (304,220)
Citation 1

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adjudication, agency adjudication, ALJ, administrative law judge, administrative judge, hearing officer, Take Care Clause, due process, Article II, impartiality, civil service

21.

Chevron and Stare Decisis

George Mason Law Review, Forthcoming 2024, University of Georgia School of Law Legal Studies Research Paper No. __, U of Michigan Public Law Research Paper No. __, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. Forthcoming
Number of pages: 24 Posted: 03 Nov 2023
Kent H. Barnett and Christopher J. Walker
University of Georgia School of Law and University of Michigan Law School
Downloads 143 (345,988)

Abstract:

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administrative law, Chevron, judicial deference, stare decisis

22.

Improving Agencies' Preemption Expertise with Chevmore Codification

83 Fordham L. Rev. 587-606 (2014), UGA Legal Studies Research Paper No. 2015-20
Number of pages: 21 Posted: 05 Nov 2014 Last Revised: 29 Sep 2015
Kent H. Barnett
University of Georgia School of Law
Downloads 119 (397,889)

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Chevron, Skidmore, judicial review, statutory interpretation, preemption, CFPB, Dodd-Frank, OCC, consumer protection, administrative law, APA, administrative procedure act

23.

Why Bias Challenges to Administrative Adjudication Should Succeed

Missouri Law Review, Vol. 81, p. 1023, 2017, University of Georgia School of Law Legal Studies Research Paper No. 2017-09
Number of pages: 23 Posted: 24 Feb 2017 Last Revised: 26 Feb 2017
Kent H. Barnett
University of Georgia School of Law
Downloads 113 (413,132)

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24.

Chevron Patterns in the Circuit Courts

Admin. & Reg. L. News (2018), University of Georgia School of Law Legal Studies Research Paper No. 2018-36, Ohio State Public Law Working Paper No. 461
Number of pages: 4 Posted: 01 Oct 2018 Last Revised: 09 Oct 2018
University of Georgia School of Law, University of Georgia - School of Public and International Affairs and University of Michigan Law School
Downloads 97 (459,871)

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administrative law, Chevron, deference, statutory interpretation, ideological preferences, decisionmaking, standard of review

25.

Chevron in the Circuit Courts: The Codebook Appendix

Michigan Law Review Online, Vol. 116, pp. 1-13, 2017, Ohio State Public Law Working Paper No. 420
Number of pages: 13 Posted: 04 Oct 2017 Last Revised: 13 Oct 2017
Kent H. Barnett and Christopher J. Walker
University of Georgia School of Law and University of Michigan Law School
Downloads 64 (585,854)

Abstract:

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administrative law, deference, judicial review, Chevron, Skidmore

26.

Towards Optimal Enforcement

72 Vand. L. Rev. En Banc 127, University of Georgia School of Law Legal Studies Research Paper No. 2019-13
Number of pages: 13 Posted: 29 May 2019
Kent H. Barnett
University of Georgia School of Law
Downloads 55 (630,730)

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administrative law, agency, enforcement, public enforcement, private enforcement, primary jurisdiction, preemption