Daniel Walters

The Pennsylvania State University (University Park) – Penn State Law

Lewis Katz Building

University Park, PA 16802

United States

SCHOLARLY PAPERS

20

DOWNLOADS
Rank 21,993

SSRN RANKINGS

Top 21,993

in Total Papers Downloads

3,247

SSRN CITATIONS

8

CROSSREF CITATIONS

3

Scholarly Papers (20)

1.

Unrules

Stanford Law Review, Vol. 73, Pg. 885, 2021, U of Penn Law School, Public Law Research Paper No. 20-37, Penn State Law Research Paper No. 22-2020
Number of pages: 84 Posted: 16 Oct 2020 Last Revised: 30 Apr 2021
Cary Coglianese, Gabriel Scheffler and Daniel Walters
University of Pennsylvania Carey Law School, University of Miami School of Law and The Pennsylvania State University (University Park) – Penn State Law
Downloads 780 (44,783)

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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

2.

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

Yale Law Journal, Forthcoming, Penn State Law Research Paper No. 3-2022
Number of pages: 68 Posted: 01 Mar 2022 Last Revised: 13 Apr 2022
Daniel Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 379 (109,476)

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administrative law, democracy, agonism, regulation

3.

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 Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 261 (162,447)

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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

4.

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

71 Emory Law Journal 417 (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
Number of pages: 70 Posted: 23 Mar 2021 Last Revised: 11 Feb 2022
Daniel Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 230 (183,591)

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

5.

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 Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 195 (213,987)

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administrative law, deference, legislation

6.

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 Walters
University of Pennsylvania Carey Law School and The Pennsylvania State University (University Park) – Penn State Law
Downloads 172 (238,452)

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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

7.

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 Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 156 (258,872)

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8.

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 Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 150 (267,143)

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9.

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

Cornell Law Review, Forthcoming, Penn State Law Research Paper No. 5-2022
Number of pages: 67 Posted: 01 Mar 2022 Last Revised: 07 Jun 2022
Daniel Walters and Elliott Ash
The Pennsylvania State University (University Park) – Penn State Law and ETH Zürich
Downloads 121 (314,847)

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

10.

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 Walters
University of Pennsylvania Carey Law School and The Pennsylvania State University (University Park) – Penn State Law
Downloads 110 (336,562)

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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.

11.

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 Walters
University of Pennsylvania Carey Law School and The Pennsylvania State University (University Park) – Penn State Law
Downloads 103 (351,690)
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

12.

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, The Pennsylvania State University (University Park) – Penn State Law and University of Wisconsin - Madison
Downloads 94 (372,965)
Citation 1

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Foreign Law; Jurisprudence; Judicial Politics; Empirical Legal Studies

13.

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 Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 82 (405,174)

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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

14.

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

93 U. Colo. L. Rev. 541 (2022), Penn State Law Research Paper No. 11-2021
Number of pages: 67 Posted: 09 Mar 2021 Last Revised: 04 Apr 2022
Daniel Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 77 (420,058)

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

15.

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 Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 75 (426,248)

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

16.

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

Alabama Law Review, Forthcoming
Number of pages: 49 Posted: 09 Mar 2022
Daniel Walters and Andrew N. Kleit
The Pennsylvania State University (University Park) – Penn State Law and Pennsylvania State University
Downloads 72 (435,900)

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

17.

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 Walters and Angus Corbett
University of Michigan School of Public Health, The Pennsylvania State University (University Park) – Penn State Law and Penn Program on Regulation
Downloads 59 (482,127)

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Strategic Plans, GPRA, Regulation

18.

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, The Pennsylvania State University (University Park) – Penn State Law, Michigan State University - Department of Political Science and University of Georgia - Department of Political Science
Downloads 53 (506,108)
Citation 2

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

19.

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

Number of pages: 39 Posted: 26 May 2021
Daniel Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 41 (561,480)

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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

20.

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 Walters
The Pennsylvania State University (University Park) – Penn State Law
Downloads 37 (582,135)

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