The Dynamic Last-in-Time Rule, 22 Indiana International & Comparative Law Review 27 (2012).
Government Use of Standards in the U.S. and Abroad, in The Cambridge Handbook of Technical Standardization Law, Vol. II: Administrative Law, Copyright, Trademark and Certification, and International Trade (Jorge L. Contreras ed., Cambridge University Press, forthcoming 2018).
Designing the Decider, Georgetown Journal of Law & Public Policy (forthcoming 2017).
Loan Repayment Assistance and Access to Justice, in Beyond Elite Law: Access to Civil Justice in America (S. Estreicher & J. Radice eds., Cambridge University Press, 2016).
A Multidimensional Problem, Comment on Private Control over Access to the Law: The Perplexing Federal Regulatory Use of Private Standards, 45 Environmental Law Reporter 10783 (2015).
Declaratory Orders, Final Report and Suggested Recommendations to the Administrative Conference of the United States, (Oct. 30, 2015).
The Need to Reform 28 U.S.C. § 1500, Final Report and Suggested Recommendations to the Administrative Conference of the United States (Sept. 2012) (with Professor Jonathan R. Siegel, George Washington University Law School)
Incorporation by Reference in Federal Regulations, Final Report and Suggested Recommendations to the Administrative Conference of the United States (Oct. 2011).
- Recommendations adopted 77 Fed. Reg. 2257, 2257 (Jan. 17, 2012).
- Adopted by Office of the Federal Register, Incorporation by Reference, 79 Fed. Reg. 66,267 (Nov. 7, 2014), codified at 1 C.F.R. pt. 51.
- Adopted by Office of Management and Budget, Revision of Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus STandards and in Conformity Assessment Activities,” 81 Fed. Reg. 4673 (Jan. 27, 2016).
Other Commentary and Reviews
Technical Standards Meet Administrative Law: A Case Study in Regulatory Incorporation by Reference, Teaching Module Created for NIST Standards Services Curricula Development Cooperative Agreement Program #2015-NIST-SSCD-01, Penn Program on Regulation (forthcoming 2017).
Institutional Policy Publications
- Published 69 Admin. L. Rev. 205 (2017).
Works In Progress
Public Law Norms and Private Standards Development
Administrative Law’s Norm of Adjudicative Exceptionalism
Reverse Regulatory Capture