Blake Emerson

UCLA School of Law

385 Charles E. Young Drive East

1242 Law Building

Los Angeles, CA 90095

United States

SCHOLARLY PAPERS

14

DOWNLOADS

3,703

SSRN CITATIONS

12

CROSSREF CITATIONS

0

Scholarly Papers (14)

1.

Abandoning Presidential Administration: A Civic Governance Agenda To Promote Democratic Equality and Guard Against Creeping Authoritarianism

68 UCLA Law Review 104 (2021), UCLA School of Law, Public Law Research Paper No. 21-07
Number of pages: 31 Posted: 25 Nov 2020 Last Revised: 18 Aug 2021
Blake Emerson and Jon D. Michaels
UCLA School of Law and University of California, Los Angeles - School of Law
Downloads 613 (80,262)
Citation 2

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2.

'Policy' in the Administrative Procedure Act: Implications for Delegation, Deference, and Democracy

Chicago-Kent Law Review, Forthcoming
Number of pages: 47 Posted: 02 Mar 2022 Last Revised: 24 May 2022
Blake Emerson
UCLA School of Law
Downloads 496 (103,784)

Abstract:

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administrative law, constitutional law, major questions doctrine, nondelegation, originalism, legislative history

3.

Administrative Answers to 'Major Questions': On the Democratic Legitimacy of Agency Statutory Interpretation

Minnesota Law Review, Vol. 102, No. 5, 2018
Number of pages: 81 Posted: 06 Aug 2016 Last Revised: 12 Jul 2018
Blake Emerson
UCLA School of Law
Downloads 465 (112,083)
Citation 2

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administrative law, legislation, statutory interpretation, non-delegation

4.

Liberty and Democracy Through the Administrative State: A Critique of the Roberts Court’s Political Theory

Hastings Law Journal, Vol. 73
Number of pages: 67 Posted: 05 Feb 2021 Last Revised: 22 Mar 2022
Blake Emerson
UCLA School of Law
Downloads 417 (127,318)
Citation 1

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administrative law, constitutional law, separation of powers, nondelegation, deference, unitary executive theory, political theory, democratic theory, legal theory, liberalism

5.

The Claims of Official Reason: Administrative Guidance on Social Inclusion

Yale Law Journal vol. 128 (2019), UCLA School of Law, Public Law Research Paper No. 18-36
Number of pages: 95 Posted: 02 Sep 2018 Last Revised: 15 Jan 2021
Blake Emerson
UCLA School of Law
Downloads 272 (202,105)

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administrative law, philosophy of law, legal theory, civil rights law, sex discrimination, deferred action

6.

The Binary Executive

Yale Law Journal Forum, Nov. 21, 2022
Number of pages: 31 Posted: 27 Oct 2022 Last Revised: 16 Jan 2024
Blake Emerson
UCLA School of Law
Downloads 268 (205,889)
Citation 1

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constitutional law, administrative law, constitutional theory, unitary executive, major questions doctrine, judicial review of agency action

7.

Public Care in Public Law: Structure, Procedure, and Purpose

Harvard Law & Policy Review, Forthcoming
Number of pages: 50 Posted: 16 Aug 2021 Last Revised: 21 Dec 2021
Blake Emerson
UCLA School of Law
Downloads 251 (219,011)

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administrative law, constitutional law, legislation, health law, Affordable Care Act, feminist theory, progressive political thought

8.

The Departmental Structure of Executive Power: Subordinate Checks from Madison to Mueller

Yale Journal on Regulation, 38 no. 1 (2021), UCLA School of Law, Public Law Research Paper No. 21-06
Number of pages: 85 Posted: 07 Feb 2020 Last Revised: 22 Mar 2022
Blake Emerson
UCLA School of Law
Downloads 234 (234,556)
Citation 3

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administrative law, constitutional law, executive power

9.

Executive (Administrative State)

Cambridge Handbook of Constitutional Theory, Forthcoming 2022
Number of pages: 43 Posted: 19 Feb 2022 Last Revised: 15 Nov 2022
Blake Emerson
UCLA School of Law
Downloads 200 (272,789)

Abstract:

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constitutional theory, constitutional law, administrative law, administrative state, democracy

10.

Vindicating Public Rights

University of Pennsylvania Journal of Constitutional Law, Vol. 26, 2024
Number of pages: 56 Posted: 25 Jan 2024
Blake Emerson
UCLA School of Law
Downloads 114 (430,941)

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Administrative law, constitutional law, separation of powers, administrative state, agency adjudication, Supreme Court, SEC v. Jarkesy, public rights, nuisance

11.

Administrative Guidance in the United States

Elgar Handbook of Soft Law (Forthcoming)
Number of pages: 24 Posted: 28 Mar 2022
Blake Emerson
UCLA School of Law
Downloads 110 (442,517)

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administrative law, public law, guidance, soft law, COVID-19

12.

Brief of Legal Scholars in Support of Petitioner, United States v. Texas, No. 21-588 (U.S.)

Number of pages: 30 Posted: 02 Nov 2021
Rutgers Law School, University of California, Los Angeles - School of Law, UCLA School of Law and Stanford University
Downloads 107 (451,485)

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civil rights, equal protection, constitutional law, federal courts, abortion

13.

Affirmatively Furthering Equal Protection: Constitutional Meaning in the Administration of Fair Housing

Buffalo Law Review Vol. 65, No. 1
Number of pages: 73 Posted: 08 Mar 2017 Last Revised: 10 Mar 2017
Blake Emerson
UCLA School of Law
Downloads 101 (470,557)

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equal protection, fair housing, administrative law, administrative constitutionalism

14.

Amicus Brief of Admin Law Scholars; FTC v. Illumina, (5th Cir.) 23-60167 (2023).

Number of pages: 39 Posted: 26 Sep 2023
Yale Law School, Georgia State University - J. Mack Robinson College of Business, Brooklyn Law School, UCLA School of Law and American University - Washington College of Law
Downloads 55 (663,398)

Abstract:

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Jarkesy, nondelegation, delegation