Wendy E. Wagner

University of Texas at Austin – School of Law

Joe A. Worsham Centennial Professor

727 East Dean Keeton Street

Austin, TX 78705

United States

  • University of Texas at Austin – School of Law

SCHOLARLY PAPERS

25

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Top 25,825

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4,178

TOTAL CITATIONS
Rank 20,655

SSRN RANKINGS

Top 20,655

in Total Papers Citations

20

Scholarly Papers (25)

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1.

Rulemaking in the Shade: An Empirical Study of EPA’s Air Toxic Regulations

Administrative Law Review, Forthcoming, Arizona Legal Studies Discussion Paper No 10-01, Energy Center Research Paper No. 03-10, U of Texas Law, Law and Econ Research Paper No. 190
Number of pages: 50 Posted: 04 Jan 2010 Last Revised: 26 Aug 2013
Wendy E. Wagner, Katherine Y. Barnes and Lisa Peters
University of Texas at Austin – School of Law, University of Arizona Rogers College of Law and Case Western Reserve University - Law Library
Downloads 574 (100,708)

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rulemaking, administrative procedure, EPA, empirical studies, hazardous air pollutant rules

2.

The Enlightenment of Administrative Law: Looking inside the Agency for Legitimacy

Wake Forest Law Review, Vol. 47, No. 3, 2012, Wake Forest Univ. Legal Studies Paper No. 2173015
Number of pages: 40 Posted: 08 Nov 2012
Sidney A. Shapiro, Elizabeth C. Fisher and Wendy E. Wagner
Wake Forest University School of Law, University of Oxford - Faculty of Law and University of Texas at Austin – School of Law
Downloads 456 (133,349)
Citation 3

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3.

Commons Ignorance: The Failure of Environmental Law to Provide the Information Needed to Protect Public Health and the Environment

Duke Law Journal, Vol. 53, No. 6, p. 1619, April 2004, U of Texas Law, Public Law Research Paper No. 83
Number of pages: 127 Posted: 14 Dec 2005
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 327 (193,894)
Citation 3

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information, environmental law, regulation, science, asymmetric information, uncertainty

4.

When All Else Fails: Regulating Risky Products Through Tort Litigation

Georgetown Law Journal, Forthcoming, U of Texas Law, Public Law Research Paper No. 99
Number of pages: 51 Posted: 17 May 2006
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 315 (201,726)
Citation 4

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torts, regulation, institutions, toxic products, environment, health

5.

Misunderstanding Models in Environmental and Public Health Regulation

NYU Environmental Law Journal, Vol. 18, 2010, Energy Center Research Paper No. 11-10
Number of pages: 65 Posted: 19 Nov 2010 Last Revised: 30 Nov 2010
Wendy E. Wagner, Elizabeth C. Fisher and Pasky Pascual
University of Texas at Austin – School of Law, University of Oxford - Faculty of Law and US Environmental Protection Agency (EPA)
Downloads 308 (206,765)
Citation 1

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model, environmental law, science, EPA

6.

Essay: The Administrative Process from the Bottom Up: Reflections on the Role, If Any, for Judicial Review

Administrative Law Review, Vol. 69, 2017, U of Texas Law, Public Law Research Paper, Univ. of Wisconsin Legal Studies Research Paper
Number of pages: 59 Posted: 06 Jun 2018
Neil K. Komesar and Wendy E. Wagner
University of Wisconsin Law School and University of Texas at Austin – School of Law
Downloads 238 (268,905)

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administrative law, judicial review, participation

7.

Dynamic Rulemaking

92 N.Y.U. Law Review 183 (2017), U of Texas Law, Public Law Research Paper , Case Legal Studies Research Paper
Number of pages: 84 Posted: 11 May 2017
Wendy E. Wagner, William F. West, Thomas Owen McGarity and Lisa Peters
University of Texas at Austin – School of Law, Independent, University of Texas at Austin - School of Law and Case Western Reserve University - Law Library
Downloads 206 (308,744)

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Administrative Law, Rulemaking, Revision

8.

Incomprehensible!: A Study of How Our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It (Chapters 1 and 3)

Cambridge University Press, 2019, U of Texas Law, Public Law Research Paper No. 724
Number of pages: 32 Posted: 25 Mar 2020
Wendy E. Wagner and Will Walker
University of Texas at Austin – School of Law and Harvard University - Divinity School
Downloads 184 (342,622)

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Information Overload, Obfuscation, Incomprehensibility, Legal Design, Institutional Analysis, Regulation, Processing Costs, Communication, Incentives, Legal Reform, Asymmetric Information, Transparency

9.

Administrative Law, Filter Failure, and Information Capture

Duke Law Journal, Vol. 59, p. 1321, 2010, Energy Center Research Paper No. 07-10
Number of pages: 112 Posted: 04 May 2010 Last Revised: 02 Sep 2010
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 169 (369,441)
Citation 6

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10.

Rethinking Judicial Review of Expert Agencies

Texas Law Review, Vol. 93, 2015, KBH Energy Center Research Paper No. 2015-09
Number of pages: 42 Posted: 08 Jul 2015
Elizabeth C. Fisher, Pasky Pascual and Wendy E. Wagner
University of Oxford - Faculty of Law, US Environmental Protection Agency (EPA) and University of Texas at Austin – School of Law
Downloads 151 (406,581)

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judicial review, expert agencies, science policy, agency science, EPA, NAAQs, scientific challenges, administrative governance and deliberative decisions, science-policy issues, standards for review

11.

When a Corporation's Deliberate Ignorance Causes Harm: Charting a New Role for Tort Law

DePaul Law Review, Vol. 72, No. 2, 2022, U of Texas Law, Legal Studies Research Paper
Number of pages: 44 Posted: 04 May 2023
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 136 (441,993)

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torts, causation, toxic torts, chemicals, scientific research, corporations, manipulation, victims, latent hazards

12.

Revisiting the Impact of Judicial Review on Agency Rulemakings: An Empirical Investigation

William and Mary Law Review, Vol. 53, 2012, U of Texas Law, Public Law Research Paper No. 210
Number of pages: 82 Posted: 06 Feb 2012
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 131 (455,367)
Citation 1

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environmental law, courts, judicial review, administrative law, air toxics

13.

Using Competition-Based Regulation to Bridge the Toxics Data Gap

Indiana Law Journal, Vol. 83, 2008
Number of pages: 49 Posted: 06 Feb 2008
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 125 (472,397)

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toxic substance, regulation, competition, market-based, adverse selection

14.

A Place for Agency Expertise: Reconciling Agency Expertise with Presidential Power

Columbia Law Review, Vol. 115, 2015, U of Texas Law, Public Law Research Paper No. 633, KBH Energy Center Research Paper No. 2016-1
Number of pages: 55 Posted: 10 Oct 2015
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 122 (481,463)
Citation 1

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OIRA, regulation, agency expertise, White House review, administrative law, science

15.

The Perils of Relying on Interested Parties to Evaluate Scientific Quality

American Journal of Public Health, Vol. 95, No. S1, pp. S99-S106, 2005, The Coronado Conference: Scientific Evidence and Public Policy Paper
Number of pages: 8 Posted: 30 Nov 2005
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 122 (481,463)

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Scientific evidence, Regulatory policy, Environmental Law, Daubert

16.

Is the Administrative State Ready for Big Data?: Exploring the Accountability Challenges in Environmental and Public Health Regulation

"Data and Democracy" (edited book) by the Knight First Amendment Institute, Columbia University (2021), U of Texas Law, Public Law Research Paper
Number of pages: 26 Posted: 18 Feb 2021
Wendy E. Wagner and Martin Murillo
University of Texas at Austin – School of Law and Institute of Electrical and Electronics Engineers (IEEE)
Downloads 99 (561,366)

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Artificial Intelligence, AI, Administrative Law, Agencies, Models, Data, Participation, Democracy

17.

Racing to the Top: How Regulation Can Be Used to Create Incentives for Industry to Improve Environmental Quality

Journal of Land Use & Environmental Law, Vol. 29, No. 1, 2014, KBH Energy Center Research Paper No. 2015-07
Number of pages: 28 Posted: 08 Jul 2015
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 90 (596,308)

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Race-to-the-top approach to regulation, environmental regulation, chemicals, toxics, EPA, regulatory standards

18.

The Participation-Centered Model Meets Administrative Process

Wisconsin Law Review, Vol. 2013, No. 2, 2013, Energy Center Research Paper No. 2014-08
Number of pages: 23 Posted: 15 Oct 2014
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 84 (621,762)

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participation-centered model, administrative process, Neil Komesar, pluralistic participation, administrative process

19.

Deregulation Using Stealth 'Science' Strategies

68 Duke L. J., Forthcoming, U of Texas Law, Public Law Research Paper No. 704
Number of pages: 80 Posted: 07 May 2019 Last Revised: 13 May 2020
Thomas Owen McGarity and Wendy E. Wagner
University of Texas at Austin - School of Law and University of Texas at Austin – School of Law
Downloads 70 (687,880)

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administrative law, deregulation, executive branch, agencies, science

20.

Making Method Visible: Improving the Quality of Science-Based Regulation

Michigan Journal of Environmental & Administrative Law, Vol. 2, No. 2, 2013, Energy Center Research Paper No. 2014-07
Number of pages: 45 Posted: 15 Oct 2014
Pasky Pascual, Wendy E. Wagner and Elizabeth C. Fisher
US Environmental Protection Agency (EPA), University of Texas at Austin – School of Law and University of Oxford - Faculty of Law
Downloads 64 (720,512)

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method, science-based regulation, scientific inferences, law and science, observations, administrative law, courts, regulatory agencies, visibility, inferential methods

21.

Imagining Corporate Sustainability as a Public Good Rather than a Corporate Bad

Wake Forest Law Review, Vol. 46, No. 2, 2011, Energy Center Research Paper No. 2014-06
Number of pages: 30 Posted: 07 Nov 2014
Wendy E. Wagner
University of Texas at Austin – School of Law
Downloads 63 (726,322)

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corporate sustainability, public good, corporate bad, government responsibility, industrial sector, regulatory oversight, production processes and services, public benefit

22.

TSCA Reform: Preserving Tort and Regulatory Approaches

Number of pages: 21 Posted: 20 Feb 2016
Emily Hammond, Thomas Owen McGarity, Sidney A. Shapiro, Wendy E. Wagner and James Goodwin
George Washington University - Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, University of Texas at Austin – School of Law and Center for Progressive Reform
Downloads 55 (775,624)
Citation 1

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Congress, Regulations, TSCA, Legislation, Chemicals, Public Health, Safety

23.

Corrective Lenses for IRIS: Additional Reforms to Improve EPA's Integrated Risk Information System

U of Maryland Legal Studies Research Paper No. 2010-57
Posted: 14 Nov 2010
Rena I. Steinzor, Wendy E. Wagner, Lena Pons and Matthew Shudtz
University of Maryland Francis King Carey School of Law, University of Texas at Austin – School of Law, Center for Progressive Reform - CPR Policy Analyst and University of Georgia - Carl Vinson Institute of Government
Downloads 48 (825,213)

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toxicology, toxicological database, Environmental Protection Agency

24.

The Role of Health and Safety Evidence in Regulation and the Civil Justice System: Preserving Protection of the Public

Center for Progressive Reform Issue Alert, No. 1401, 2014, Wake Forest Univ. Legal Studies Paper No. 2733336
Number of pages: 14 Posted: 18 Feb 2016
Emily Hammond, Thomas Owen McGarity, Noah Sachs, Sidney A. Shapiro, Wendy E. Wagner and James Goodwin
George Washington University - Law School, University of Texas at Austin - School of Law, University of Richmond - School of Law, Wake Forest University School of Law, University of Texas at Austin – School of Law and Center for Progressive Reform
Downloads 41 (881,787)

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TSCA, Chemicals, Regulation, Evidence, Civil Justice, Congress

25.

Rescuing Science from Politics: Regulation and the Distortion of Scientific Research

RESCUING SCIENCE FROM POLITICS: REGULATION AND THE DISTORTION OF SCIENTIFIC RESEARCH, Wendy Wagner, Rena Steinzor, eds., Cambridge University Press, 2006, U of Maryland Legal Studies Research Paper No. 2007-2, U of Texas Law, Public Law Research Paper No. 108
Posted: 09 Nov 2006
Wendy E. Wagner and Rena I. Steinzor
University of Texas at Austin – School of Law and University of Maryland Francis King Carey School of Law

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regulation, environment, science, health, industry