Gray Matters The C. Boyden Gray Center for the Administrative State

Adam White and Jace Lington chat with former OIRA Administrator Paul J. Ray about his new paper, “Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines.” In the paper, Mr. Ray critiques the expertise rationale for Chevron deference, arguing that agency employees can share much of the special knowledge they use to make decisions with reviewing courts. 

Notes:
Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines, Paul J. Ray Keynote Address and Fireside Chat, October 2023, Chevron on Trial: The Supreme Court and the Future of Agency Authority and Expertise 

The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State.

This episode of Gray Matters is a panel discussion from February 23, 2024, about affirmative action and other ways regulators pursue equity through the administrative state featuring Ming Chen, Jesse Merriam, and Bijal Shah, moderated by Kmele Foster.

Notes:
Video of the Webinar

The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State.

This episode of Gray Matters is a panel discussion about the use of racial classifications to make public policy and how race has affected the character of American institutions featuring David Bernstein, Jonathan Berry, and Joy Milligan, moderated by Renée Landers.

Notes:
Watch a video of the discussion

Jace Lington chats with Scalia Law Professor Donald J. Kochan about Florida and Disney. They discuss his recent paper applying public choice theory to Florida’s Reedy Creek Improvement Act of 1967 and why the special treatment Disney received from the state is not a good model for state and local regulation.

Notes:
Disney v. Democracy? A Public Choice and Good Governance Analysis of Florida’s Reedy Creek Improvement Act of 1967 and Its Resulting Regime, Donald J. Kochan

Adam White and Jace Lington chat with Law Professor Jed Handelsman Shugerman about lingering issues following the Supreme Court’s decision in the Biden v. Nebraska student loan case. They discuss a recent paper Shugerman presented at a Gray Center research roundtable, “Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine.”

Notes:
Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine, Jed Handelsman Shugerman Major Questions About Presidentialism: Untangling the “Chain of Dependence” Across Administrative Law, Jed Handelsman Shugerman and Jodi L. Short Standing Without Injury, Jonathan H. AdlerAn Originalist Defense of the Major Questions Doctrine, Michael D. Ramsey The Major Questions Doctrine: Right Diagnosis, Wrong Remedy, Thomas W. Merrill The Ghosts of Chevron Present and Future, Gary S. Lawson The Major Answers Doctrine, Lisa Heinzerling The New Purpose and Intent in Major Questions Cases, Anita S. Krishnakumar The Major Questions Doctrine: Unfounded, Unbounded, and Confounded, Ronald M. Levin The Minor Questions Doctrine, Aaron L. Nielson The Major Questions Doctrine Outside Chevron‘s Domain, Adam R.F. Gustafson

Adam White and Jace Lington chat with Law Professor Michael D. Ramsey about how originalists can defend the major questions doctrine as a substantive canon of interpretation. He examines post-ratification court practice and other substantive canons designed by judges to minimize the harms of judicial error when interpreting ambiguous statutes. Ramsey recently presented a paper on this subject at a Gray Center research roundtable.

Notes:
An Originalist Defense of the Major Questions Doctrine, Michael D. Ramsey The Major Questions Doctrine: Right Diagnosis, Wrong Remedy, Thomas W. Merrill The Ghosts of Chevron Present and Future, Gary S. Lawson Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine, Jed Handelsman Shugerman The Major Answers Doctrine, Lisa Heinzerling The New Purpose and Intent in Major Questions Cases, Anita S. Krishnakumar The Major Questions Doctrine: Unfounded, Unbounded, and Confounded, Ronald M. Levin The Minor Questions Doctrine, Aaron L. Nielson The Major Questions Doctrine Outside Chevron‘s Domain, Adam R.F. Gustafson