"Knowledge in the People: Rethinking 'Value' in Public Rulemaking Participation," (with Dmitry Epstein, Josiah Heidt, and Mary Newhart) Cornell Legal Studies Research Paper
No. 12-65 (2013) forthcoming Wake Forest Law Review.
|Regulatory Improvement Legislation: Judicial Review of Provisions Regarding Risk Assessment and Cost-Benefit Analysis (with Frederick Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Ernest Gellhorn, John D. Graham, C. Boyden, Gray, Jeffrey R. Holmstead, Ronald M. Levin, Lars Noah, Katherine Rhyne, and Jonathan Wiener) (Boston, MA: Center for Risk Analysis, Harvard School of Public Health, 1999).|
Contributions to Books
|"Due Process at Rashomon Gate: The Stories of Mathews v. Eldridge," in Administrative Law Stories (New York, N.Y. : Foundation Press; Peter L. Strauss, ed. 2006).|
|"Conceiving Due Process," in Administrative Law Anthology (Cincinnati, OH: Anderson Pub. Co., T. Sargentich, ed. 1994). Reprinted from 3 Yale Journal of Law & Feminism 189 (1991).|
|"Statutory Interpretation and the Balance of Power in the Administrative State," in Administrative Law Anthology (Cincinnati, OH: Anderson Pub. Co., T. Sargentich, ed. 1994); Foundations of Administrative Law (NY: Oxford University Press, P. Shuck, ed. 1994); reprinted from 89 Columbia Law Review 452 (1989).|
" Rulemaking vs. Democracy; Judging and Nudging Public Participation that Counts," (with Mary Newhart and Josiah Heidt) 2 Michigan Journal of Environmental and Administrative Law
Issue 1 (2012) Cornell Legal Studies Research Paper
No. 12-20 (2012).
"Rulemaking 2.0," (with Mary Newhart, Claire Cardie, Dan Cosley, CeRI), 65 University of Miami Law Review
"Rulemaking in 140 Characters or Less: Social Networking and Public Participation in Rulemaking," (with Paul Miller, Mary J. Newhart, Claire Cardie, Dan Cosley, and Rebecca Vernon) 31 Pace Law Review
"False Comfort and Impossible Promises: Uncertainty, Information Overload and the Unitary Executive," 12 University of Pennsylvania Journal of Constitutional Law
"Achieving the Potential: The Future of Federal E-Rulemaking, Report of the Committee on the Status and Future of Federal 3-Rulemaking," 62 Administrative Law Review
"Deconstructing Non-Delegation," 33 Harvard Journal of Law and Public Policy
"Constitutional Conscience and the Virtuous President," Annual Administrative Law Symposium __ Duke Law Journal__ (forthcoming).
"Administrative Law as Regulation: The Paradox of Attempting to Control and to Inspire the Use of Public Power," 19 South African Public Law 489-512 (2004).
"The Administrative Procedure Act Project: Availability of Judicial Review," 54 Administrative Law Review
52 (2002) (A portion of A Black Letter Statement of Federal Administrative Law
prepared by the Section of Administrative Law and Regulatory Practice of the ABA).
"Cognitive Psychology and Optimal Government Design" (with Jeffrey J. Rachlinski), 87 Cornell Law Review
"Foreword: Post-Public Choice?" (with Jeffrey J. Rachlinski), 87 Cornell Law Review
"Faith, Hope and Rationality, or Public Choice Theory and the Perils of Occam's Razor," 28 Florida State University Law Review
"Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, and Judicial Review" (with Fred Anderson, et al.), 11 Duke Environmental Law and Policy Forum
"The Consent of the Governed: The President and 'The People'," 26 Cornell Law Forum
"Undoing the New Deal Through the New Presidentialism," 22 Harvard Journal of Law and Public Policy
"On Misusing 'Revolution' and 'Reform': Procedural Due Process and the New Welfare Act," 50 Administrative Law Review
"The Consent of the Governed: Against Simple Rules for a Complex World," 72 Chicago-Kent Law Review
"The 'Chief Executive' and the Quiet Constitutional Revolution," 49 Administrative Law Review
"Judicial Review of Petitions," 48 Administrative Law Review
"Keeping Faith: Government Ethics & Government Ethics Regulation," 45 Administrative Law Review
"Getting From Here to There," 1991 Duke Law Journal
"Conceiving Due Process," 3 Yale Journal of Law and Feminism
"How Separation of Powers Protects Individual Liberties" (with L. Gordon Crovitz, Charles J. Cooper, Alfred C. Aman, Jr., and Jonathan R. Macey), 41 Rutgers Law Review
"Statutory Interpretation and the Balance of Power in the Administrative State," 89 Columbia Law Review
"Escape from Cruel and Unusual Punishment: A Theory of Constitutional Necessity 59 Boston University Law Review
"A Study in Rule-Specific Issue Classification for e-Rulemaking, Proceedings," (with Claire Cardie, et al.) of the 9th Annual International Conference on Digital Government Research, May 18-21, 2008 (Digital Government Research Center, USC Info Sciences Inst).
"Achieving the Potential: The Future of Federal e-Rulemaking," (Committee on the Status and Future of Federal e-Rulemaking: C. Farina, Reporter 2008); Cornell Legal Studies Research Paper
No. 010-007 (Mar 4, 2010).