Instructors
Matthew Stephenson
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“When the Devil Turns … ”: The Political Foundations of Independent Judicial Review
October 19, 2022
Matthew C. Stephenson, “When the Devil Turns … ”: The Political Foundations of Independent Judicial Review, 32 J. Legal Stud. 59 (2003).
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Public Regulation of Private Enforcement: The Case for Expanding the Role of Administrative Agencies
October 19, 2022
Matthew C. Stephenson, Public Regulation of Private Enforcement: The Case for Expanding the Role of Administrative Agencies, 91 Va. L. Rev. 93 (2005).
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The Strategic Substitution Effect: Textual Plausibility, Procedural Formality, and Judicial Review of Agency Statutory Interpretations
October 19, 2022
Matthew C. Stephenson, The Strategic Substitution Effect: Textual Plausibility, Procedural Formality, and Judicial Review of Agency Statutory Interpretations, 120 Harv. L. Rev. 528 (2006).
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Regulatory Quality Under Imperfect Oversight
October 19, 2022
Ethan Bueno de Mesquita & Matthew C. Stephenson, Regulatory Quality Under Imperfect Oversight, 101 Am. Pol. Sci. Rev. 605 (2007).
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Legal Realism for Economists
October 19, 2022
Matthew C. Stephenson, Legal Realism for Economists, 23 J. Econ. Persp. 191 (2009).
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Complementary Constraints: Separation of Powers, Rational Voting, and Constitutional Design
October 19, 2022
Jide O. Nzelibe & Matthew C. Stephenson, Complementary Constraints: Separation of Powers, Rational Voting, and Constitutional Design, 123 Harv. L. Rev. 655 (2010).
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Seminole Rock’s Domain
October 19, 2022
Matthew C. Stephenson & Miri Pogoriler, Seminole Rock’s Domain, 79 Geo. Wash. L. Rev. 1449 (2011).
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Can the President Appoint Principal Executive Officers Without a Senate Confirmation Vote?
October 19, 2022
Matthew C. Stephenson, Can the President Appoint Principal Executive Officers Without a Senate Confirmation Vote?, Yale L.J. 940 (2013).
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Does Separation of Powers Promote Stability and Moderation?
October 19, 2022
Matthew C. Stephenson, Does Separation of Powers Promote Stability and Moderation?, 42 J. Legal Stud. 331 (2013).
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Beware Blowback: How Attempts to Strengthen FCPA Deterrence Could Narrow the Statute’s Scope
October 19, 2022
Matthew C. Stephenson, Beware Blowback: How Attempts to Strengthen FCPA Deterrence Could Narrow the Statute’s Scope, in The Research Handbook on Corporate Crime and Financial…
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Judicial Deference to Inconsistent Agency Statutory Interpretations
October 19, 2022
Yehonatan Givati & Matthew C. Stephenson, Judicial Deference to Inconsistent Agency Statutory Interpretations, 40 J. Legal Stud. 85 (2011).
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Judicial Review and Democratic Failure
October 19, 2022
Justin Fox & Matthew Stephenson, Judicial Review and Democratic Failure (Harv. Pub. L. Working Paper No. 09-47, Aug. 20, 2009).
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The Distributional Effects of Minority-Protective Judicial Review
October 19, 2022
Justin Fox & Matthew Stephenson, The Distributional Effects of Minority-Protective Judicial Review (APSA 2011 Annual Meeting Paper, Sept. 2011).
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Legislative Allocation of Delegated Power: Uncertainty, Risk, and the Choice Between Agencies and Courts
October 19, 2022
Matthew C. Stephenson, Legislative Allocation of Delegated Power: Uncertainty, Risk, and the Choice Between Agencies and Courts, 119 Harv. L. Rev. 1035 (2006).
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Evidentiary Standards and Information Acquisition in Public Law
October 19, 2022
Matthew C. Stephenson, Evidentiary Standards and Information Acquisition in Public Law, 10 Am. L. & Econ. Rev. 351 (2008).
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The Administrative Law of Borrowed Regulations: Legal Questions Regarding the Bankruptcy Law’s Incorporation of IRS Standards
October 19, 2022
Matthew C. Stephenson & Kristin E. Hickman, The Administrative Law of Borrowed Regulations: Legal Questions Regarding the Bankruptcy Law’s Incorporation of IRS Standards, Norton Bankr.
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A Costly Signaling Theory of ‘Hard Look’ Judicial Review
October 19, 2022
Matthew C. Stephenson, A Costly Signaling Theory of ‘Hard Look’ Judicial Review, 58 Admin. L. Rev. 753 (2006).
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Matthew C. Stephenson, Court of Public Opinion: Government Accountability and Judicial Independence, 20 J.L. Econ. & Org. 379 (2004).
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Justin Fox & Matthew C. Stephenson, The Constraining, Liberating, and Informational Effects of Nonbinding Law, 31 J.L. Econ. & Org. 320 (2015).
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The Welfare Effects of Minority-Protective Judicial Review
October 19, 2022
Justin Fox & Matthew C. Stephenson, The Welfare Effects of Minority-Protective Judicial Review, 27 J. Theoretical Pol. 499 (2015).
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Matthew C. Stephenson, Judicial Reform in Developing Countries: Constraints and Opportunities, in Annual World Bank Conference on Development Economics–Regional 2007 : Beyond Transition 311 (Francois…
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Statutory Interpretation by Agencies
October 19, 2022
Matthew C. Stephenson, Statutory Interpretation by Agencies, in Research Handbook on Public Choice and Public Law (Daniel A. Farber & Anne Joseph O’Connell eds., Edward…
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Corruption and Democratic Institutions: A Review and Synthesis
October 19, 2022
Matthew C. Stephenson, Corruption and Democratic Institutions: A Review and Synthesis, in Greed, Corruption, and the Modern State Essays in Political Economy 92 (Susan Rose-Ackerman…
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Bureaucratic Decision Costs and Endogenous Agency Expertise
October 19, 2022
Matthew C. Stephenson, Bureaucratic Decision Costs and Endogenous Agency Expertise, 23 J. L. Econ. & Org. 469 (2007).
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Optimal Political Control of the Bureaucracy
October 19, 2022
Matthew C. Stephenson, Optimal Political Control of the Bureaucracy, 107 Mich. L. Rev. 53 (2008).
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The Price of Public Action: Constitutional Doctrine and the Judicial Manipulation of Legislative Enactment Costs
October 19, 2022
Matthew C. Stephenson, The Price of Public Action: Constitutional Doctrine and the Judicial Manipulation of Legislative Enactment Costs, 118 Yale L.J. 2 (2008).
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Information Acquisition and Institutional Design
October 19, 2022
Matthew C. Stephenson, Information Acquisition and Institutional Design, 124 Harv. L. Rev. 1422 (2011).
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Judicial Review as a Response to Political Posturing
October 19, 2022
Justin Fox & Matthew C. Stephenson, Judicial Review as a Response to Political Posturing, 105 Am. Pol. Sci. Rev. 397 (2011).
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Legal Institutions and Informal Networks
October 19, 2022
Ethan Bueno de Mesquita & Matthew Stephenson, Legal Institutions and Informal Networks, 18 J. Theoretical Pol. 40 (2006).
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Informative Precedent and Intrajudicial Communication
October 19, 2022
Ethan Bueno de Mesquita & Matthew Stephenson, Informative Precedent and Intrajudicial Communication, 96 Am. Pol. Sci. Rev. 755 (2002).
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Political Accountability Under Alternative Institutional Regimes
October 19, 2022
Matthew C. Stephenson & Jide O. Nzelibe, Political Accountability Under Alternative Institutional Regimes, 22 J. Theoretical Pol. 139 (2010).
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Legislation and Regulation: Cases and Materials, 3rd ed.
October 19, 2022
John F. Manning & Matthew Stephenson, Legislation and Regulation: Cases and Materials (Found. Press 3rd ed. 2017).
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Legislation and Regulation: Cases and Materials
October 19, 2022
John F. Manning & Matthew C. Stephenson, Legislation and Regulation: Cases and Materials (Foundation Press, 2010).
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Over-Accountability
October 19, 2022
Jacob E. Gersen & Matthew C. Stephenson, Over-Accountability, 6 J. Legal Analysis 185 (2014).
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Lobbyists as Imperfect Agents: Implications for Public Policy in a Pluralist System
October 19, 2022
Matthew C. Stephenson & Howell E. Jackson, Lobbyists as Imperfect Agents: Implications for Public Policy in a Pluralist System, 47 Harv. J. on Legis. 1…
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Chevron Has Only One Step
October 19, 2022
Matthew C. Stephenson & Adrian Vermeule, Chevron Has Only One Step, 95 Va. L. Rev. 597 (2009).