Daniel E. Walters

Texas A&M University School of Law

1515 Commerce St.

Fort Worth, TX Tarrant County 76102

United States

SCHOLARLY PAPERS

27

DOWNLOADS
Rank 13,925

SSRN RANKINGS

Top 13,925

in Total Papers Downloads

6,416

SSRN CITATIONS
Rank 35,362

SSRN RANKINGS

Top 35,362

in Total Papers Citations

24

CROSSREF CITATIONS

3

Scholarly Papers (27)

1.

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 943 (44,845)
Citation 2

Abstract:

Loading...

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

2.

Major Questions, Common Sense?

University of Southern California Law Review, Vol. 97, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper No. 23-60
Number of pages: 63 Posted: 29 Jul 2023 Last Revised: 08 Nov 2023
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 844 (52,198)

Abstract:

Loading...

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

3.

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 675 (70,207)

Abstract:

Loading...

administrative law, democracy, agonism, regulation

4.

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 568 (87,073)
Citation 3

Abstract:

Loading...

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

5.

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 292 (186,417)

Abstract:

Loading...

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

6.

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 285 (191,803)

Abstract:

Loading...

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

7.

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 283 (193,176)

Abstract:

Loading...

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

8.

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 208 (259,688)
Citation 2

Abstract:

Loading...

administrative law, deference, legislation

9.

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 198 (271,611)

Abstract:

Loading...

10.

Administrative Law: A Public Casebook for the American Public Law System

Texas A&M University School of Law Legal Studies Research Paper No. 23-28
Number of pages: 797 Posted: 22 Aug 2023 Last Revised: 13 Sep 2023
Daniel E. Walters
Texas A&M University School of Law
Downloads 197 (272,845)

Abstract:

Loading...

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

11.

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 195 (275,423)

Abstract:

Loading...

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

12.

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 188 (284,553)

Abstract:

Loading...

13.

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 186 (288,712)
Citation 1

Abstract:

Loading...

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

14.

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 147 (351,155)

Abstract:

Loading...

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.

15.

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 136 (373,273)
Citation 2

Abstract:

Loading...

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

16.

Self-regulation in Emerging and Innovative Industries

Law & Economics Center at George Mason University Scalia Law School Research Paper Series No. 22-033
Number of pages: 59 Posted: 30 Sep 2022 Last Revised: 12 Feb 2024
Daniel E. Walters and Hannah Jacobs Wiseman
Texas A&M University School of Law and Penn State Law – University Park
Downloads 135 (375,400)
Citation 1

Abstract:

Loading...

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

17.

The Submerged Administrative State

Wisconsin Law Review, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper No. 24-07
Number of pages: 64 Posted: 20 Dec 2023 Last Revised: 09 Jan 2024
Gabriel Scheffler and Daniel E. Walters
University of Miami School of Law and Texas A&M University School of Law
Downloads 134 (379,724)

Abstract:

Loading...

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

18.

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 133 (379,724)
Citation 1

Abstract:

Loading...

Foreign Law; Jurisprudence; Judicial Politics; Empirical Legal Studies

19.

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 119 (413,109)

Abstract:

Loading...

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

20.

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 101 (465,378)

Abstract:

Loading...

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

21.

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 98 (478,137)
Citation 2

Abstract:

Loading...

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

22.

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 89 (505,214)

Abstract:

Loading...

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

23.

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 84 (523,489)

Abstract:

Loading...

Strategic Plans, GPRA, Regulation

24.

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 64 (613,458)

Abstract:

Loading...

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

25.

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 56 (649,852)

Abstract:

Loading...

26.

Four Futures of Chevron Deference

George Mason Law Review, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper No. 23-75
Number of pages: 17 Posted: 29 Nov 2023 Last Revised: 12 Dec 2023
Daniel E. Walters
Texas A&M University School of Law
Downloads 49 (689,747)

Abstract:

Loading...

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

27.

Reclaiming Regulatory Intermediation for the Public

Law and Contemporary Problems, Vol. 86, No. 3, 2023
Number of pages: 40 Posted: 16 Jan 2024
Daniel E. Walters
Texas A&M University School of Law
Downloads 9 (1,020,165)

Abstract:

Loading...

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