Jennifer Mascott

George Mason University - Antonin Scalia Law School, Faculty

Assistant Professor of Law

3301 Fairfax Drive

Arlington, VA 22201

United States

SCHOLARLY PAPERS

37

DOWNLOADS
Rank 23,159

SSRN RANKINGS

Top 23,159

in Total Papers Downloads

3,406

SSRN CITATIONS

2

CROSSREF CITATIONS

3

Scholarly Papers (37)

1.

Who Are "Officers of the United States"?

70 Stanford Law Review 443 (2018), George Mason Legal Studies Research Paper No. LS 17-21
Number of pages: 122 Posted: 16 Feb 2017 Last Revised: 04 May 2018
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 1,199 (26,676)
Citation 1

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Administrative law, constitutional law, interpretation, officers, appointments, Article II, corpus linguistics, original public meaning

2.

Executive Decisions After Arthrex

Supreme Court Review, Forthcoming , George Mason Legal Studies Research Paper No. LS 22-10
Number of pages: 42 Posted: 16 Aug 2021 Last Revised: 20 Jun 2022
Jennifer Mascott and John F. Duffy
George Mason University - Antonin Scalia Law School, Faculty and University of Virginia School of Law
Downloads 295 (156,246)

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Supreme Court, Appointments Clause, Article II, administrative law, patent law, U.S. Patent and Trademark Office, administrative patent judges, Federal Circuit, executive agencies, separation of powers, principal officers, inferior officers

3.

Gundy v. United States: Reflections on the Court and the State of the Nondelegation Doctrine

George Mason Law Review, Forthcoming, George Mason Legal Studies Research Paper No. LS 18-27
Number of pages: 26 Posted: 16 Aug 2018 Last Revised: 14 Nov 2018
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 279 (165,624)

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4.

Constitutionally Conforming Agency Adjudication

2 Loyola Journal of Regulatory Compliance 22 (2017), George Mason Legal Studies Research Paper No. LS 17-14
Number of pages: 38 Posted: 28 Jun 2017 Last Revised: 04 May 2018
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 209 (219,415)

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Administrative law, constitutional law, officers, appointments, Article II, administrative law judges, SEC, due process

5.

The Dictionary as a Specialized Corpus

2017 BYU L. Rev. 1557 (2018), George Mason Legal Studies Research Paper No. LS 17-22
Number of pages: 33 Posted: 22 Feb 2017 Last Revised: 08 May 2018
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 116 (355,257)

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corpus linguistics, statutory interpretation, constitutional interpretation, dictionaries

6.
Downloads 107 (375,848)
Citation 1

Early Customs Laws and Delegation

George Washington Law Review, Vol. 87, No. 6, 2020, George Mason Legal Studies Research Paper No. LS 20-12
Number of pages: 64 Posted: 01 Jun 2020
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 55 (558,072)

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Gundy v. United States, Impost, Tonnage, Registration, and Collection of Duties Acts, Vesting Clause, nondelegation, administrative law, administrative agencies

Early Customs Laws and Delegation

George Washington Law Review, Vol. 87, No. 6, 2020
Number of pages: 63 Posted: 23 Jun 2020
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 52 (572,945)

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nondelegation, originalism, customs, Treasury, separation of powers, Article I, constitutional history, legislation, administrative law

7.

Amicus Brief of Professor Jennifer L. Mascott in Lucia v. SEC, 17-130

Number of pages: 45 Posted: 07 Mar 2018
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 98 (398,717)
Citation 2

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Administrative Law, Constitutional Law, Constitutional Interpretation, Appointments Clause, Agency Adjudication, Securities and Exchange Commission, Administrative Law Judges, Original Public Meaning, Corpus Linguistics

8.

Prepared Written Testimony, Hearing Titled 'The Administrative Procedure Act at 75: Ensuring the Rulemaking Process is Transparent, Accountable, and Effective'

George Mason Legal Studies Research Paper No. LS 22-14
Number of pages: 6 Posted: 01 Feb 2022 Last Revised: 15 Mar 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 88 (427,255)

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administrative law, separation of powers, Congress, rulemaking

9.

Egbert v. Boule: Federal Officer Suits by Common Law

Cato Supreme Court Review, 2021-2022, George Mason Legal Studies Research Paper No. LS 22-27
Number of pages: 30 Posted: 09 Aug 2022 Last Revised: 17 Sep 2022
Jennifer Mascott and R. Trent McCotter
George Mason University - Antonin Scalia Law School, Faculty and George Mason University, Antonin Scalia Law School, Faculty
Downloads 85 (436,277)

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federal courts, separation of powers, executive branch, Supreme Court, Supreme Court Term, Egbert, Bivens, federal causes of action, monetary damages, Article III, Congress, federal jurisdiction

10.

The Ratifiers' Theory of Officer Accountability (very early, preliminary draft)

George Mason Legal Studies Research Paper No. LS 22-11
Number of pages: 32 Posted: 01 Mar 2022 Last Revised: 16 Mar 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 79 (455,238)

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11.

'Officers' in the Supreme Court: Lucia v. SEC

Cato Supreme Court Review, 2017-2018, George Mason Legal Studies Research Paper No. LS 18-33
Number of pages: 35 Posted: 04 Nov 2018 Last Revised: 14 Dec 2018
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 66 (502,200)

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Constitution, Administrative Law, Originalism, Appointments Clause, Administrative Law Judges, Securities and Exchange Commission

12.

Federal Trade Commission v. Walmart Inc., Brief for Amicus Curiae Professor Jennifer L. Mascott in Support of Defendant’s Motion to Dismiss

Gray Center Separation of Powers Brief 22-07
Number of pages: 17 Posted: 09 Sep 2022
Jennifer Mascott and R. Trent McCotter
George Mason University - Antonin Scalia Law School, Faculty and George Mason University, Antonin Scalia Law School, Faculty
Downloads 64 (510,238)

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Separation of Powers, Constitutional Law, Administrative Law, Federal Trade Commission, FTC, Unitary Executive, Appointments Clause, Removal Power, Judicial Review, Commerce

13.

Oversight and Executive Privilege in the Context of Separated Powers

George Mason Legal Studies Research Paper No. LS 22-12
Number of pages: 20 Posted: 07 Sep 2021 Last Revised: 15 Mar 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 64 (510,238)

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separation of powers, executive branch, executive power, executive privilege, oversight, Congress, congressional oversight, Article II

14.

Deference to Administrative Interpretations of Regulations: Auer to Kisor and Beyond

George Mason Legal Studies Research Paper No. LS 22-26
Number of pages: 16 Posted: 27 Mar 2021 Last Revised: 18 Aug 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 59 (530,925)

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administrative law, judicial deference, agency guidance, guidance documents, interpretation

15.

Methodological Supplement to Who are 'Officers of the United States'?

George Mason Legal Studies Research Paper No. LS 18-38
Number of pages: 22 Posted: 17 Feb 2017 Last Revised: 12 Aug 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 54 (553,272)

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16.

Axon Enterprise, Inc. v. Federal Trade Commission, Brief of Separation of Powers Clinic at Antonin Scalia Law School as Amicus Curiae in Support of Petitioner

Gray Center Separation of Powers Brief 22-05
Number of pages: 28 Posted: 09 Aug 2022 Last Revised: 25 Sep 2022
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Students/Alumni and George Mason University, Antonin Scalia Law School, Faculty
Downloads 50 (572,262)

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Judicial review, Separation of powers, Administrative law, ALJ, Removal Power, Unitary Executive, FTC

17.

Jurisdiction and the Supreme Court's Orders Docket

George Mason Legal Studies Research Paper No. LS 22-13
Number of pages: 7 Posted: 08 Dec 2021 Last Revised: 15 Mar 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 50 (572,262)

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Supreme Court, federal courts, jurisdiction, abortion, constitutional rights, separation of powers, due process, Article III, emergency motions

18.

2022 Update to Cass, Diver, Beermann & Freeman, Administrative Law: Cases & Materials (Aspen Publishing, 8th ed. 2020)

Number of pages: 78 Posted: 03 Oct 2022
Cass and Associates, Boston University - School of Law, Boston University School of Law, Harvard Law School and George Mason University - Antonin Scalia Law School, Faculty
Downloads 48 (582,192)

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19.

Amicus Brief of Professor Jennifer L. Mascott in Egbert v. Boule, 21-147

Gray Center Separation of Powers Brief 21-01
Number of pages: 42 Posted: 26 Feb 2022 Last Revised: 10 Aug 2022
Jennifer Mascott and R. Trent McCotter
George Mason University - Antonin Scalia Law School, Faculty and George Mason University, Antonin Scalia Law School, Faculty
Downloads 44 (602,875)

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Constitution, jurisdiction, separation of powers, federal courts, Bivens, Ex parte Young, Erie, originalism

20.

Testimony on the Role of Article III Judges, Hearing on the Nomination of Judge Ketanji Brown Jackson to serve as Associate Justice of the United States

Number of pages: 11 Posted: 18 Aug 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 37 (642,505)

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Article III, Supreme Court, Judges, Nominations, Confirmation Process, Interpretation, U.S. Constitution

21.

Research Report on Federal Agency ALJ Hiring after Lucia and Executive Order 13843

George Mason Legal Studies Research Paper No. LS 19-19
Number of pages: 56 Posted: 27 Mar 2021 Last Revised: 12 Aug 2022
Jack Michael Beermann and Jennifer Mascott
Boston University School of Law and George Mason University - Antonin Scalia Law School, Faculty
Downloads 28 (702,496)

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Administrative Law Judges, Agency Hearings, Adjudication, Article II, Appointments Clause, Competitive Service, Agency Adjudication, Formal Agency Hearings, Due Process, Civil Service, Formal Hearings

22.

Private Delegation Outside of Executive Supervision

45 Harvard Journal of Law and Public Policy 838 (2022)
Number of pages: 90 Posted: 27 Dec 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 25 (725,127)

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appointments, executive branch, Article II, U.S. Constitution, Arthrex, delegation, private delegation, patents, patent board

23.

Fulton County Special Purpose Grand Jury v. Lindsey Graham, Amicus Curiae Brief of Separation of Powers Clinic in Support of Emergency Motion by Senator Lindsey O. Graham to Stay District Court's Order and Enjoin Select Grand Jury Proceedings Pending Appeal

Gray Center Separation of Powers Brief 22-08
Number of pages: 21 Posted: 26 Sep 2022
Jennifer Mascott, R. Trent McCotter and Jamieson Knopf
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty and George Mason University, Antonin Scalia Law School, Students/Alumni
Downloads 24 (733,102)

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Separation of Powers, Constitutional Law, Congress, Speech and Debate Clause,

24.

Calcutt v. Federal Deposit Insurance Corporation, Amicus Curiae Brief of Separation of Powers Clinic in Support of Petitioners Petition for Rehearing En Banc or Panel Rehearing

Gray Center Separation of Powers Brief 22-06
Number of pages: 20 Posted: 09 Aug 2022 Last Revised: 25 Sep 2022
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Students/Alumni and George Mason University, Antonin Scalia Law School, Students/Alumni
Downloads 24 (733,102)

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FDIC, Removal power, Administrative Law, Executive Branch, Separation of Powers, Independent Agencies, Judicial Branch

25.

Independent Agencies — How Independent Is Too Independent? (Transcript of Panel Discussion, 2018 National Lawyers Convention)

Number of pages: 49 Posted: 27 Mar 2021 Last Revised: 08 Aug 2022
Georgetown University Law Center, Claremont Institute Center for Constitutional Jurisprudence, affiliation not provided to SSRN, George Mason University - Antonin Scalia Law School, Faculty and United States Court of Appeals for the Seventh Circuit
Downloads 24 (733,102)

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Independent Agencies, Removal, Administrative Law, Article II, Independence, Executive Power

26.

Torres v. Texas Department of Public Safety, Brief of Separation of Powers Clinic at Antonin Scalia Law School as Amicus Curiae in Support of Respondent

Gray Center Separation of Powers Brief 22-02
Number of pages: 32 Posted: 09 Aug 2022 Last Revised: 25 Sep 2022
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Students/Alumni, George Mason University, Antonin Scalia Law School, Students/Alumni, George Mason University, Antonin Scalia Law School, Students/Alumni and George Mason University, Antonin Scalia Law School, Students/Alumni
Downloads 22 (757,596)

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Sovereign immunity, Separation of powers, Federalism

27.

George v. McDonough, Brief of United States Senators Ted Cruz and Mike Lee as Amici Curiae in Support of Petitioner

Gray Center Separation of Powers Brief 22-01
Number of pages: 22 Posted: 09 Aug 2022 Last Revised: 25 Sep 2022
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Students/Alumni and George Mason University, Antonin Scalia Law School, Students/Alumni
Downloads 22 (749,245)

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Congress, Veterans, Disability, Regulation, Veterans Affairs, Chevron, Separation of Powers

28.

Consumers’ Research; By Two, L.P. v. Consumer Product Safety Commission, Amicus Curiae Brief of Separation of Powers Clinic in Support of Appellees

Gray Center Separation of Powers Brief 10, 2022
Number of pages: 22 Posted: 12 Oct 2022
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Students/Alumni and George Mason University, Antonin Scalia Law School, Students/Alumni
Downloads 20 (766,066)

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Separation of Powers, Constitutional Law, Administrative Law, Removal Power, Unitary Executive Theory, Consumer Product Safety Commission, Federal Trade Commission

29.

Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, Amicus Curiae Brief of Separation of Powers Clinic in Support of Appellants

Gray Center Separation of Powers Brief 22-09
Number of pages: 21 Posted: 04 Oct 2022
Jennifer Mascott and R. Trent McCotter
George Mason University - Antonin Scalia Law School, Faculty and George Mason University, Antonin Scalia Law School, Faculty
Downloads 20 (766,066)

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Separation of Powers, Constitutional Law, Administrative Law, CFPB, Consumer Finance Protection Bureau, Unitary Executive, Appointments Clause, Removal Power, Judicial Review

30.

The Proper Role and Function of 21st-Century Courts

Number of pages: 5 Posted: 19 Aug 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 18 (783,038)

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Article III, Judges, Federal Judiciary, Federal Judges, U.S. Constitution, Accountability, Dobbs, Supreme Court

31.

Lindsey Graham v. Fulton County Special Purpose Grand Jury, Brief of Separation of Powers Clinic as Amicus Curiae in Support of Application for Stay and Injunction Pending Appeal

Law & Economics Center at George Mason University Scalia Law School Research Paper Series, Forthcoming, Gray Center Separation of Powers Brief 12, 2022
Number of pages: 21 Posted: 28 Oct 2022
Jennifer Mascott, R. Trent McCotter and Jamieson Knopf
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty and George Mason University, Antonin Scalia Law School, Students/Alumni
Downloads 17 (791,808)

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Separation of Powers, Constitutional Law, Congress, Speech and Debate Clause

32.

Amicus Brief of Professor Jennifer L. Mascott in Donziger v. United States, 22-274

Number of pages: 18 Posted: 12 Dec 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 16 (800,686)

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33.

Fulton County Special Purpose Grand Jury v. Lindsey Graham, Amicus Curiae Brief of Separation of Powers Clinic in Support of Defendant-Appellant Senator Lindsey O. Graham

Gray Center Separation of Powers Brief 11, 2022
Number of pages: 23 Posted: 13 Oct 2022
Jennifer Mascott, R. Trent McCotter and Jamieson Knopf
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty and George Mason University, Antonin Scalia Law School, Students/Alumni
Downloads 16 (800,686)

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Separation of Powers, Constitutional Law, Congress, Speech and Debate Clause

34.

United States v. Crittenden, Brief of Amicus Curiae Professor Jennifer L. Mascott in Support of Defendant-Appellee on Rehearing En Banc

Gray Center Separation of Powers Brief 22-04
Number of pages: 38 Posted: 09 Aug 2022 Last Revised: 25 Sep 2022
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Students/Alumni, George Mason University, Antonin Scalia Law School, Students/Alumni, George Mason University, Antonin Scalia Law School, Students/Alumni and George Mason University, Antonin Scalia Law School, Students/Alumni
Downloads 12 (838,661)

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Criminal Law, Constitutional Law, Federal Law, Criminal Procedure, Jury trial, Judicial power

35.

Steven Donziger v. United States of America, Brief of Professor Jennifer L. Mascott as Amicus Curiae in Support of Petitioner

Gray Center Separation of Powers Brief 22-13
Number of pages: 19 Posted: 23 Nov 2022
Jennifer Mascott and R. Trent McCotter
George Mason University - Antonin Scalia Law School, Faculty and George Mason University, Antonin Scalia Law School, Faculty
Downloads 11 (848,242)

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Separation of Powers, Federal Rules of Criminal Procedure, Due Process, Constitutional Law, Special Prosecutors, Executive Power, Judicial Power, Appointments

36.

Limitations on the First Amendment Right of Access to Information Controlled by the Government (Case Note)

73 GEO. WASH. L. REV. 814 (2005)
Number of pages: 13 Posted: 20 Aug 2022 Last Revised: 29 Aug 2022
Jennifer Mascott
George Mason University - Antonin Scalia Law School, Faculty
Downloads 8 (877,791)

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First Amendment, military, Rumsfeld, Department of Defense, right of access, information, media, Constitution, free speech, freedom of the press

37.

Nordlicht v. United States, Brief of Professor Jennifer L. Mascott as Amicus Curiae in Support of Petitioners

Gray Center Separation of Powers Brief 22-03
Number of pages: 31 Posted: 08 Aug 2022
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Students/Alumni, George Mason University, Antonin Scalia Law School, Students/Alumni, George Mason University, Antonin Scalia Law School, Students/Alumni and George Mason University, Antonin Scalia Law School, Students/Alumni
Downloads 8

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Criminal Law, Constitutional Law, Federal Law, Criminal Procedure, Jury trial, Judicial power

Other Papers (1)

Total Downloads: 9
1.
Downloads 9

Abstract:

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Supreme Court, Clerkships, Administrative Law, Federal Courts, Judiciary, Federal Judiciary, Article III, U.S. Court of Appeals for the D.C. Circuit, Judicial Nominations