Dan Deacon
@dtdeacon.bsky.social
Law Prof (Michigan Law), writing mostly about administrative law
Kavanaugh's opinion in Barbara strikes me as... weird. First, for originalists, presumably some constitutional provisions are flexible in the way Kavanaugh embraces because their content is in some ways underdeterminate (searches must be "reasonable"). 1/
Would it be student abuse to have three days on non-Article III courts in Fed Courts?? I used to teach the full arc through Stern/Oil States/Sharif, in part as a kind of case study on doctrinal evolution. And now there's Jarkesy, etc.
My final report to the Administrative Conference of the United States on drafting regulatory preambles in light of recent developments in judicial review of agency action is now available papers.ssrn.com/sol3/papers....
Drafting Regulatory Preambles (Report to the Administrative Conference of the United States)
This is a report to the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in ju
papers.ssrn.com
Daniel Deacon @dtdeacon.bsky.social & my paper "Legalistic Noncompliance" is out now in the Duke Law Journal! It describes how the second Trump administration is saying they're complying with lower court orders even though they're not in fact doing so: scholarship.law.duke.edu/dlj/vol75/is...
"Legalistic Noncompliance" by Daniel T. Deacon and Leah M. Litman
Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump administration. But what does it mean to...
scholarship.law.duke.edu
@dtdeacon.bsky.social has a nice write up of Wildermuth and Baker's recent piece on Perkins and the future of the civil service at the Court. www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Protecting Perkins: Removal, Supervision, and Article II," by Amy Wildermuth and Peyton Baker - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Protecting Perkins: Removal, Supervision, and Article II,” by Amy J. Wildermuth and Peyton C. Baker. Here is the abstract: With the Supreme Court almost certain t...
yalejreg.com
You know I’m doing history because I actually have some books on my desk
For the past year or so, I've been working on a project for the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in judicial review. The draft report is now available here: papers.ssrn.com/sol3/papers.... 1/
Drafting Regulatory Preambles (Draft Report to the Administrative Conference of the United States)
This is a draft report to the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments
papers.ssrn.com
Thanks to Adam Liptak for highlighting Daniel Deacon @dtdeacon.bsky.social & my forthcoming Duke Law Journal piece "Legalistic Noncompliance"! Adam's piece: www.nytimes.com/2026/02/26/u... Our article: papers.ssrn.com/sol3/papers....
Justice Gorsuch’s Tariffs Warning
nytimes.com
This isn't what SCOTUS *said* (they said nothing) BUT the Court's "passivity"-deciding not to decide or say anything - helps the executive branch aggressively characterize & implement the Court's orders. My draft paper "Passive Vices" goes into this (Law Review editors- it's looking for a home!)
Aaron Rupar@atrupar.com · 6mo agoHoman: "We don't racially profile. When we detain somebody and question somebody for a short period of time, we need reasonable suspicion. That's what we're doing. But people say 'The Supreme Court allows you to racial profile.' That's not what the Court said. They said we're doing things legally."
I’ve done peer reviews this cycle for Harvard, Yale, Stanford, and Columbia. I think it’s only right that next cycle I get to choose which one publishes my piece 😇
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Valuing Administrative Democracy," by @briandfeinstein.bsky.social and @profdanwalters.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Valuing Administrative Democracy," by Brian Feinstein and Daniel Walters - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Valuing Administrative Democracy,” by Brian D. Feinstein and Daniel E. Walters. Here is the abstract: Public engagement has long sat at the heart of administrativ...
yalejreg.com
I don't think the Roberts Court majority understands the limits of that category (or lack thereof) either harvardlawreview.org/blog/2025/04...
President Trump in the Era of Exclusive Powers - Harvard Law Review
The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court...
harvardlawreview.org
I think I'd rather the Court overrule Humphrey's than have the Court go around invalidating parts of statutes involving "conclusive and preclusive" presidential powers
Justice Barrett is asking SG Sauer, do we really have to decide today which clause of the Constitution is the basis for our unitary executive theory? Can't we just continue "not being very specific about it," as we've been doing? Question captures something v. important about originalism and text.
Sauer's argument is substantively quite weak, but his understanding of the assignment may be the correct one: Just assure the justices they can do the thing, stipulate that they aren't deciding matters not before them, and move on.
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Immigration Venue Exceptionalism," by Stacy Caplow and Maryellen Fullerton. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Immigration Venue Exceptionalism," by Stacy Caplow and Maryellen Fullerton - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Immigration Venue Exceptionalism,” by Stacy Caplow and Maryellen Fullerton, which is forthcoming in the Cornell Law Review. Here is the abstract: The notion of “e...
yalejreg.com
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is “How Not to Design Expert Bureaucracy: Lessons from Administrative Law,” forthcoming in the North Carolina Law Review, by Wendy Wagner. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "How Not to Design Expert Bureaucracy: Lessons from Administrative Law," by Wendy Wagner - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “How Not to Design Expert Bureaucracy: Lessons from Administrative Law,” by Wendy E. Wagner, which is forthcoming in the North Carolina Law Review. Here is the abs...
yalejreg.com
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Remedies in the Officer Removal Cases," by Sam Bray. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Remedies in the Officer Removal Cases," by Samuel Bray - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Remedies in the Officer Removal Cases,” by Samuel L. Bray. Here is the abstract: When a federal officer challenges her removal by the president, what forms of int...
yalejreg.com
My article, "Statutory Liquidation," is now in final form. Check it out on SSRN: papers.ssrn.com/sol3/papers.... Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is... Thank you to the many who helped improve it!
Volume 77, Issue 3 - American University Administrative Law Review
Table of Contents Articles Statutory Liquidation Daniel T. Deacon Testing the Independence Hypothesis Cree Jones, Tyler B. Lindley, & Thomas Smith The Independence of Central Bank Supervision Christin...
administrativelawreview.org
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Officers at Common Law," forthcoming in the @yalelawjournal.bsky.social, by @nwdonahue.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Officers at Common Law," by Nathaniel Donahue - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Officers at Common Law,” by Nathaniel Donahue, which is forthcoming in the Yale Law Journal. Here is the abstract: The Framers of the federal Constitution said al...
yalejreg.com
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Rubber Stamps" by Adam Samaha. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Rubber Stamps," by Adam Samaha - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Rubber Stamps,” by Adam M. Samaha. Here is the abstract: Rubber-stamping is more often alleged than understood. The basic idea involves someone with formal author...
yalejreg.com
My opening day Leg Reg video reminded me of this amazing tweet
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Loper Bright's Disingenuity," by @cary-coglianese.bsky.social and @dfroomkin.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Loper Bright's Disingenuity," by Coglianese and Froomkin - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Loper Bright’s Disingenuity,” by Cary Coglianese and David Froomkin. Here is the abstract: Loper Bright prompted a tidal wave of reaction throughout the legal com...
yalejreg.com
Excited that "Legalistic Noncompliance," with @leahlitman.bsky.social, is now forthcoming in the Duke Law Journal. Check it out here! papers.ssrn.com/sol3/papers....
Legalistic Noncompliance
Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump
papers.ssrn.com
Over at the Notice and Comment blog, today's Ad Law Reading Room covers two pieces: "Presidential Brokering in the Regulatory State" by @jennifernou.bsky.social and "The Chadha Presidency" by @joshchafetz.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Presidential Brokering in the Regulatory State," by Nou & "The Chadha Presidency," by Chafetz - Yale Journal on Regulation
Today’s Ad Law Reading Room brings two entries. The first is “Presidential Brokering in the Regulatory State,” forthcoming in the George Washington Law Review, by Jennifer Nou. The second is “The Chad...
yalejreg.com
Dan Deacon @dtdeacon.bsky.social & I just uploaded a new/revised version of our paper “Legalistic Noncompliance.” It’s about the Trump admin’s noncompliance with court orders - and how they’re using legal arguments to paper that over and conceal their defiance papers.ssrn.com/sol3/papers....
Legalistic Noncompliance
Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump
papers.ssrn.com
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is “The Gray Area: Finding Implicit Delegation to Agencies after Loper Bright,” by Matthew Stephenson. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "The Gray Area: Finding Implicit Delegation to Agencies after Loper Bright," by Matthew Stephenson - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “The Gray Area: Finding Implicit Delegation to Agencies after Loper Bright,” by Matthew Stephenson. Here is the abstract: In Loper Bright v. Raimondo, the Supreme ...
yalejreg.com
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "New Challenges for Federal Regulations: Executive Branch Responses," by Richard Revesz. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "New Challenges for Federal Regulations: Executive Branch Responses," by Richard Revesz - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “New Challenges for Federal Regulations: Executive Branch Responses,” by Richard L. Revesz, which is forthcoming in the NYU Law Review. Here is the abstract: Over ...
yalejreg.com