Daniel E. Walters

Texas A&M University School of Law

1515 Commerce St.

Fort Worth, TX Tarrant County 76102

United States

SCHOLARLY PAPERS

32

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Top 9,922

in Total Papers Downloads

9,903

TOTAL CITATIONS
Rank 32,634

SSRN RANKINGS

Top 32,634

in Total Papers Citations

19

Scholarly Papers (32)

1.

The Great Unsettling: Administrative Governance After Loper Bright

Administrative Law Review, Vol. 77, p. 1, 2025, U of Penn Law School, Public Law Research Paper No. 24-51, Texas A&M University School of Law Legal Studies Research Paper No. 25-16
Number of pages: 64 Posted: 07 Dec 2024 Last Revised: 31 Mar 2025
Cary Coglianese and Daniel E. Walters
University of Pennsylvania Carey Law School and Texas A&M University School of Law
Downloads 1,219 (36,905)
Citation 1

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Statutory interpretation, administrative law, bureaucracy, judicial review, the Chevron doctrine, Loper Bright, Administrative Procedure Act, empirical legal studies, public administration, interest group politics, regulation, regulatory decision-making

2.

Unrules

Stanford Law Review, Vol. 73, pp. 885-967, 2021, U of Penn Law School, Public Law Research Paper No. 20-37, Penn State Law Research Paper No. 22-2020, Texas A&M University School of Law Legal Studies Research Paper No. 22-16
Number of pages: 85 Posted: 16 Oct 2020 Last Revised: 23 Aug 2022
Cary Coglianese, Gabriel Scheffler and Daniel E. Walters
University of Pennsylvania Carey Law School, University of Miami School of Law and Texas A&M University School of Law
Downloads 1,005 (48,697)
Citation 3

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rules, regulations, administrative law, regulatory burdens, legal obligations, exceptions, waivers, exemptions, variances, grandfathering, loopholes, empirical legal studies, computational linguistics, text analysis, judicial review, procedure, transparency, deregulation, capture, political economy

3.

Major Questions, Common Sense?

Southern California Law Review, Vol. 97, No. 5, pp. 1153-1231, 2024, Texas A&M University School of Law Legal Studies Research Paper No. 23-43
Number of pages: 79 Posted: 29 Jul 2023 Last Revised: 07 Oct 2024
Kevin Tobia, Daniel E. Walters and Brian G. Slocum
Georgetown University Law Center, Texas A&M University School of Law and Florida State University, College of Law
Downloads 885 (58,042)

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textualism, interpretation, ordinary meaning, statutory interpretation, Supreme Court, major questions doctrine, jurisprudence

4.

The Administrative Agon: A Democratic Theory for a Conflictual Regulatory State

Yale Law Journal, Vol. 132, No. 1, pp. 1-95, 2022, Texas A&M University School of Law Legal Studies Research Paper No. 22-51, Penn State Law Research Paper No. 3-2022
Number of pages: 96 Posted: 01 Mar 2022 Last Revised: 07 Nov 2022
Daniel E. Walters
Texas A&M University School of Law
Downloads 729 (75,280)

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administrative law, democracy, agonism, regulation

5.

The Major Questions Doctrine at the Boundaries of Interpretive Law

Iowa Law Review, Vol. 109, No. 2, pp. 465-540, 2024, Texas A&M University School of Law Legal Studies Research Paper No. 23-68
Number of pages: 76 Posted: 07 Feb 2023 Last Revised: 15 Feb 2024
Daniel E. Walters
Texas A&M University School of Law
Downloads 683 (81,757)
Citation 3

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major questions doctrine, statutory interpretation, west virginia v. epa, chevron, substantive canons, separation of powers, judicial power, legislative power, delegation, administrative law

6.

Administrative Law: A Public Casebook for the American Public Law System (2nd Edition)

Texas A&M University School of Law Legal Studies Research Paper No. 23-28
Number of pages: 798 Posted: 22 Aug 2023 Last Revised: 29 Jul 2024
Daniel E. Walters
Texas A&M University School of Law
Downloads 649 (87,333)

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administrative law, regulation, separation of powers, agencies, bureaucracy, implementation

7.

The Submerged Administrative State

Wisconsin Law Review, Vol. 2024, No. 3, pp. 789-858, Texas A&M University School of Law Legal Studies Research Paper No. 24-07
Number of pages: 70 Posted: 20 Dec 2023 Last Revised: 05 May 2024
Gabriel Scheffler and Daniel E. Walters
University of Miami School of Law and Texas A&M University School of Law
Downloads 352 (181,564)
Citation 1

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administrative law, regulation, policy feedback, trust in government, public relations, nudges, behavioral administrative law

8.

If We Build It, Will They Legislate? Empirically Testing the Potential of the Nondelegation Doctrine to Curb Congressional “Abdication”

Cornell Law Review, Vol. 108, No. 2, pp. 401-492, 2023, Penn State Law Research Paper No. 5-2022, Texas A&M University School of Law Legal Studies Research Paper No. 22-59
Number of pages: 92 Posted: 01 Mar 2022 Last Revised: 27 Apr 2023
Daniel E. Walters and Elliott Ash
Texas A&M University School of Law and ETH Zürich
Downloads 328 (195,947)

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delegation, nondelegation, administrative law, empirical legal studies, legislation

9.

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

Emory Law Journal, Vol. 71, pp. 417-85, 2022, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 21-21, Penn State Law Research Paper No. 12-2021, Texas A&M University School of Law Legal Studies Research Paper No. 22-39
Number of pages: 70 Posted: 23 Mar 2021 Last Revised: 18 Oct 2022
Daniel E. Walters
Texas A&M University School of Law
Downloads 308 (209,739)

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administrative law, nondelegation, delegation, empirical legal studies, state administrative law, separation of powers, constitutional law, rules, standards, gorsuch, gundy

10.

The Self-Delegation False Alarm: Analyzing Auer Deference's Effect on Agency Rules

119 Colum. L. Rev. 85 (2019), U of Penn Law School, Public Law Research Paper No. 18-3
Number of pages: 84 Posted: 21 Feb 2018 Last Revised: 02 Feb 2019
Daniel E. Walters
Texas A&M University School of Law
Downloads 301 (214,923)

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Administrative law, empirical legal studies, agency delegation, discretion, deference, separation of powers, Auer v. Robbins, bounded rationality, perverse incentives, hard look review, content analysis, rulemaking, interpretation, regulations

11.

Self-regulation in Emerging and Innovative Industries

Houston Law Review, Vol. 62, No. 3, pp. 543-610, 2025, Law & Economics Center at George Mason University Scalia Law School Research Paper Series No. 22-033, Texas A&M University School of Law Legal Studies Research Paper Forthcoming
Number of pages: 68 Posted: 30 Sep 2022 Last Revised: 14 Jan 2025
Daniel E. Walters and Hannah Jacobs Wiseman
Texas A&M University School of Law and The Pennsylvania State University (University Park) – Penn State Law
Downloads 281 (230,921)
Citation 1

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self-regulation, innovation, regulation, hydrogen, AI, LLMs, standard-setting organizations, law and

12.

Will Loper Bright Spur a Congressional Renaissance?

Texas A&M University School of Law Legal Studies Research Paper
Number of pages: 37 Posted: 16 Apr 2024
Daniel E. Walters
Texas A&M University School of Law
Downloads 253 (257,041)

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administrative law, chevron, auer, delegation, incentives, empirical legal studies, large language models, states, federalism, constitutional law, legislation, statutes, statutory interpretation

13.

Agenda-Setting in the Regulatory State: Theory and Evidence

Administrative Law Review, Vol. 68, Pg. 865, 2016, U of Penn Law School, Public Law Research Paper No. 16-48
Number of pages: 27 Posted: 01 Dec 2016
Cary Coglianese and Daniel E. Walters
University of Pennsylvania Carey Law School and Texas A&M University School of Law
Downloads 243 (268,568)

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Administrative law, regulation, bureaucracy, agenda-setting, regulatory process, government agencies, Congress, federal courts, White House, interest groups, American politics, public policy, research challenges, reform, Penn Program on Regulation

14.

Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control

Journal of Law and Politics, Vol. XXVIII, p. 129, 2013
Number of pages: 56 Posted: 28 Mar 2013
Daniel E. Walters
Texas A&M University School of Law
Downloads 233 (278,690)

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15.

Animal Agriculture Liability for Climatic Nuisance: A Path Forward for Climate Change Litigation?

44 Colum. J. Envtl. L. 299 (2019)
Number of pages: 41 Posted: 04 Jun 2019
Daniel E. Walters
Texas A&M University School of Law
Downloads 229 (283,417)

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16.

Symmetry’s Mandate: Constraining the Politicization of American Administrative Law

119 Mich. L. Rev. 455 (2020), Penn State Law Research Paper No. 04-2020
Number of pages: 65 Posted: 25 Feb 2020 Last Revised: 19 Dec 2020
Daniel E. Walters
Texas A&M University School of Law
Downloads 221 (293,242)
Citation 3

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administrative law, deference, legislation

17.

Grid Governance in the Energy Trilemma Era: Remedying the Democracy Deficit

Alabama Law Review, Vol. 74, pp. 1033-1088, Texas A&M University School of Law Legal Studies Research Paper No. 22-68
Number of pages: 56 Posted: 09 Mar 2022 Last Revised: 13 May 2023
Daniel E. Walters and Andrew N. Kleit
Texas A&M University School of Law and Pennsylvania State University
Downloads 209 (309,242)
Citation 1

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climate change, RTO, grid, FERC, corporatism, regulation, pluralism, democracy, energy, electric power, utilities, administrative law

18.

Litigating EPA Rules: A Fifty-Year Retrospective of Environmental Rulemaking in the Courts

Case Western Reserve Law Review, Vol. 70, p. 1007, 2020, U of Penn Law School, Public Law Research Paper No. 20-35, Penn State Law Research Paper No. 19-2020
Number of pages: 32 Posted: 16 Oct 2020 Last Revised: 16 Mar 2021
Cary Coglianese and Daniel E. Walters
University of Pennsylvania Carey Law School and Texas A&M University School of Law
Downloads 184 (347,997)

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Administrative law, environmental regulation, empirical legal studies, judicial review, litigation, Environmental Protection Agency, EPA, rule challenges, agency deference, scrutiny, Supreme Court, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

19.

Upending a Global Debate: An Empirical Analysis of the U.S. Supreme Court's Use of Transnational Law to Interpret Domestic Doctrine

Georgetown Law Journal, Vol. 103, pg. 1, 2014, U of Penn Law School, Public Law Research Paper No. 14-9
Number of pages: 46 Posted: 27 Feb 2014 Last Revised: 16 Jun 2017
Michigan State University - Department of Political Science, University of Wisconsin-Madison - Department of Political Science, Texas A&M University School of Law and University of Wisconsin-Madison
Downloads 179 (356,683)
Citation 1

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Foreign Law; Jurisprudence; Judicial Politics; Empirical Legal Studies

20.

Whither the Regulatory 'War on Coal'? Scapegoats, Saviors, and Stock Market Reactions

Ecology Law Quarterly, Vol. 47, p. 1, 2020, U of Penn, Inst for Law & Econ Research Paper No. 19-40, Penn State Law Research Paper No. 20-2020
Number of pages: 72 Posted: 14 Oct 2020 Last Revised: 23 Nov 2020
Cary Coglianese and Daniel E. Walters
University of Pennsylvania Carey Law School and Texas A&M University School of Law
Downloads 175 (363,856)
Citation 2

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environmental law & regulation, law & economics, air pollution, coal industry, electric power industry, utility power plants, clean power plan, stock market behavior, climate change policy, political strategy, market behavior, empirical analysis

21.

Tomorrow's Climate Law, Today

UC Davis Law Review, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper No. 24-82
Number of pages: 72 Posted: 04 Apr 2024
Daniel E. Walters
Texas A&M University School of Law
Downloads 170 (373,225)

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climate change, sunrises, regulation, carbon dioxide, emissions, industrial policy, private environmental governance, public choice

22.

Ideology, Qualifications, and Covert Senate Obstruction of Federal Court Nominations

University of Illinois Law Review, Forthcoming, U of Penn Law School, Public Law Research Paper No. 14-10
Number of pages: 42 Posted: 27 Feb 2014 Last Revised: 14 Oct 2017
University of Wisconsin-Madison - Department of Political Science, Texas A&M University School of Law, Michigan State University - Department of Political Science and University of Georgia - Department of Political Science
Downloads 158 (397,511)
Citation 2

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Judicial Politics; Judicial Nominations; Blue Slips; Senate Judiciary Committee; Filibuster

23.

Capturing the Regulatory Agenda: An Empirical Study of Agency Responsiveness to Rulemaking Petitions

Harvard Environmental Law Review, Vol. 43, Spring 2019 Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-6
Number of pages: 50 Posted: 12 Mar 2018 Last Revised: 18 Feb 2020
Daniel E. Walters
Texas A&M University School of Law
Downloads 138 (443,924)

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Administrative law, environmental law and regulation, agencies, rulemaking petitions, business interests and influence, regulatory capture, strategy, political economy, regulatory institutions, empirical analysis

24.

Lumpy Social Goods in Energy Decarbonization: Why We Need More Than Just Markets for the Clean Energy Transition

University of Colorado Law Review, Vol. 93, No. 3, 2022, Penn State Law Research Paper No. 11-2021, Texas A&M University School of Law Legal Studies Research Paper No. 22-32
Number of pages: 68 Posted: 09 Mar 2021 Last Revised: 04 Oct 2022
Daniel E. Walters
Texas A&M University School of Law
Downloads 123 (486,351)
Citation 1

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decarbonization, energy, transmission, storage, law & economics, climate, ferc, regulation

25.

Four Futures of Chevron Deference

George Mason Law Review, Vol. 31, No. 2, 2024, pp. 635-57, Texas A&M University School of Law Legal Studies Research Paper No. 23-75
Number of pages: 24 Posted: 29 Nov 2023 Last Revised: 03 Apr 2024
Daniel E. Walters
Texas A&M University School of Law
Downloads 119 (498,883)

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administrative law, regulation, chevron, positive political theory, judicial politics, statutory interpretation

26.

A New Era of Deference: From Chevron to Loper Bright

CPI Antitrust Chronicle, Vol. 1, Oct. 2024, Texas A&M University School of Law Legal Studies Research Paper No. 25-20
Number of pages: 11 Posted: 13 Nov 2024 Last Revised: 22 Jan 2025
Daniel E. Walters
Texas A&M University School of Law
Downloads 106 (544,021)

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27.

The Judicial Role in Constraining Presidential Nonenforcement Discretion: The Virtues of an APA Approach

University of Pennsylvania Law Review, Vol. 164, Pg. 1911, 2016, U of Penn Law School, Public Law Research Paper No. 16-44
Number of pages: 39 Posted: 19 Nov 2016 Last Revised: 15 Oct 2017
Daniel E. Walters
Texas A&M University School of Law
Downloads 101 (563,498)

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Administrative law, constitutional law, executive power, agency enforcement discretion, federal courts, Heckler v. Chaney, Presidency, separation of powers

28.

Planning for Excellence: Insights from an International Review of Regulators' Strategic Plans

Pace Environmental Law Review, Vol. 35, p. 240, 2018, U of Penn, Inst for Law & Econ Research Paper No. 15-23
Number of pages: 52 Posted: 29 Jun 2015 Last Revised: 25 Mar 2020
Adam M. Finkel, Daniel E. Walters and Angus Corbett
University of Michigan School of Public Health, Texas A&M University School of Law and Penn Program on Regulation
Downloads 93 (594,842)

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Strategic Plans, GPRA, Regulation

29.

The Legal and Administrative Environment for Pennsylvania’s Bid to Join RGGI

Number of pages: 39 Posted: 26 May 2021
Daniel E. Walters
Texas A&M University School of Law
Downloads 87 (619,772)

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RGGI, Climate Change, Cap-and-Trade, Pennsylvania, Dormant Commerce Clause, State Regulation, Air Pollution, Environmental Law, Energy Law, Carbon Dioxide, Administrative Law

30.

The Justiciability of Fair Balance under the Federal Advisory Committee Act: Toward a Deliberative Process Approach

Michigan Law Review, Vol. 110, No. 4, 2012
Number of pages: 32 Posted: 10 May 2012 Last Revised: 31 Mar 2013
Daniel E. Walters
Texas A&M University School of Law
Downloads 66 (723,858)

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31.

Reclaiming Regulatory Intermediation for the Public

Law and Contemporary Problems, Vol. 86, No. 3, 2023, Texas A&M University School of Law Legal Studies Research Paper No. 24-43
Number of pages: 40 Posted: 16 Jan 2024
Daniel E. Walters
Texas A&M University School of Law
Downloads 42 (896,222)

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regulatory policymaking, regulatory intermediation, energy regulation, administrative law, public utilities, standard-setting organizations

32.

The Environmental Democracy That Was, Then Wasn't, but Could Be Again

University of Pennsylvania Journal of Law & Public Affairs, Vol. 8, No. 1, pp. 25-30, 2023, https://doi.org/10.58112/jlpa.8-1.3, Texas A&M University School of Law Legal Studies Research Paper No. 25-08
Number of pages: 6 Posted: 23 Sep 2024
Daniel E. Walters
Texas A&M University School of Law
Downloads 34 (983,267)

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