Nicholas Bednar
@NicholasBednar
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Associate Professor of Law at the University of Minnesota. Bureaucratic Politics and Administrative Law. Vanderbilt Political Science PhD; UMN JD (He/Him)
Nashville, TN
Joined January 2012
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Pinned Tweet
I have posted a draft of Presidential Control and Administrative Capacity (forthcoming
@StanLRev
)to SSRN. The article examines how presidential control and administrative capacity influence rulemaking. Still time to make revisions so comments welcome!
For
#NewLawRevArticles
Reveal Day, I am excited to announce that my next article, Presidential Control and Administrative Capacity, will be published with
@StanLRev
. Truly humbled to work with such a great journal. I hope to have a draft on SSRN soon for those interested.
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I accidentally graded my answer key. Took off points for failing to show work on a problem.
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One year ago today, my friends gave me an engraved claymore for finishing my dissertation and, boy, did I fail my mission!
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In honor of my PhD, my friends kidnapped me, dressed me in a kilt, and presented me with a claymore to defend the administrative state.
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Job market update: I am thrilled to announce that I will join the faculty of
@UofMNLawSchool
in Summer 2023 as a tenure-track professor! I'm over the moon to return home and teach Torts and LegReg at my alma mater. I owe many people for my successes: 1/4
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At the risk of starting a war over the proper order and content of Chevron's steps, here is how I am thinking about Chevron in light of West Virginia v. EPA.
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I have had the same University of Minnesota ID since high school. They reactivated the ID as my official employee ID. I am eligible for one that says "faculty" but, honestly, I kind of get a kick out of keeping this one.
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For
#NewLawRevArticles
Reveal Day, I am excited to announce that my next article, Presidential Control and Administrative Capacity, will be published with
@StanLRev
. Truly humbled to work with such a great journal. I hope to have a draft on SSRN soon for those interested.
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16
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Excited to close this chapter of my academic career at
@VanderbiltU
. I owe a tremendous thanks to my advisor
@davidlewisvu
for shepherding me through the PhD. Look forward to wearing these bright gold robes at graduation for
@UofMNLawSchool
next year.
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I defended my dissertation! Pending some administrative work, I am leaving Vanderbilt as Dr. Bednar. I am so grateful for the feedback, guidance, and patience of my committee:
@davidlewisvu
,
@BrentonKenkel
,
@GillianMetzger2
,
@raugpott
,
@ShareceThrower
, and
@guillermo_toral
.
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Ten years ago, I started law school at
@UofMNLawSchool
. Ten years later, I have returned as a professor to teach the next generation of lawyers!
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I am writing a short essay on how Chevron changed after the Supreme Court became more skeptical of its application. I am giddy about two charts. I coded all Chevron cases for two years: 2012 and 2022. This chart shows the step at which the court concluded its inquiry. 1/4
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Writing a syllabus for a LegReg course called: "What are fish?" Each week the course will challenge the ordinary meaning of fish. Are bees "fish"? (Yes.) Are fish "tangible objects'? (No.) Is aquaculture "fishing"? (No.)
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In
@PSRMJournal
: I use OPM's personnel records to measure the ability of an agency's workforce to make policy. I use OPM records to identify employees in policymaking occupations and aggregate their experience and expertise to make agency-year scores.
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I'm happy to announce that my article, The Public Administration of Justice, will be published with
@CardozoLRev
. It argues that adjudicatory agencies need sufficient capacity to satisfy the Due Process Clause's demand for systemic accuracy. 1/9
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The Court is releasing opinions on Wednesday next week. Obviously, the Court will release Relentless/Loper Bright, Corner Post, and Jarkesy during the Administrative Law Roundtable to prevent us from immediately posting reactions on Twitter or Yale J. on Reg.
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I have completed my first full week of teaching and finally unpacked my books. Onward!
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Unfortunately, I couldn't attend
@APSAtweets
this year, but I am honored to share this award with
@chris_piper
.
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Now that it is official: I am honored to receive
@RussellSageFdn
's inaugural dissertation grant for my work on capacity in the Immigration Courts. I could not complete this project without their support.
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On
@YaleJREG
, I have a blog post explaining my thought process behind this flowchart and my understanding of how West Virginia v. EPA fits into Chevron. By no means is my understanding the only permissible one. But I think it's a plausible explanation.
At the risk of starting a war over the proper order and content of Chevron's steps, here is how I am thinking about Chevron in light of West Virginia v. EPA.
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Working on a paper on bureaucratic capacity. I have decided that the U.S. Postal Service is the most amazing agency in the federal government.
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Excited that my
@PSRMJournal
article on measuring policymaking capacity in U.S. federal agencies has been paginated!
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New on
@SSRN
: Chevron on the Eve of Loper Bright. My contribution to
@WidenerJournal
's symposium. I show that agency win rates remained high before Loper Bright but that judges had shifted their reasoning from Step 2 to Step 1. 1/3
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Truly honored to wake up to this
@IReadJotwell
review from
@AJosephOConnell
of our
@apsrjournal
(
@davidlewisvu
) piece. Prof. O'Connell does a wonderful job explaining why administrative-law scholars should care about our empirical findings.
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It's pagination day for my
@apsrjournal
article with
@davidlewisvu
: Presidential Investment in the Administrative State. Make sure you check out
@AJosephOConnell
's great review of the article on
@IReadJotwell
.
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What does this mean for Loper Bright? Courts will change the reasoning for their decisions. But the effect on agency win rates is likely marginal. As
@khickmanjd
and I opined long ago, deference is an inevitable consequence of modern delegation. 4/4
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I am about to write a book about bureaucratic legitimacy, TSA, and the threat of inconsistent and varied procedures in the name of experimentation.
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Thrilled to be included among this wonderful slate of scholars.
The Fall 2024 Public Law Workshop, hosted by Professors
@jdmortenson
and
@danieltdeacon
,welcomes leading scholars to
@umichlaw
to share current work on topics ranging from constitutional and administrative law, to international law, statutory interpretation, and beyond.
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Three research questions if the Supreme Court replaces Chevron with Skidmore. First, does it change the way agencies make policy? Mead encouraged a shift from informal policymaking to rulemaking. Does that incentive exist if agencies are only getting Skidmore?
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I have been reading a lot on the mass public's lack of participation in bureaucratic rulemaking. Most articles leave out the simplest explanation: Most of the public has no idea what functions the bureaucracy performs and no idea that it has the ability to make law.
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I owe my career to
@khickmanjd
. During one clerkship interview, I was told, "Prof. Hickman wrote a letter of recommendation. Don't lose it. You owe your interview to her." Kristin taught me to research, write, and publish. Her encouragement is the reason that I am in academia.
Has a person ever encouraged you in a way that changed your life?
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"I'll just find a coffee shop and do a good 8hrs of work," he naively tells himself whenever in DC.
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@BrentonKenkel
I'm now sitting in my office writing fake court opinions by just switching out the authoring judge.
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Fun Fact: James Q. Wilson (author of Bureaucracy) also wrote a book with Roberta Wilson on coral reefs. The strong connection between bureaucracy studies and marine biology warrants a trip to
@shedd_aquarium
.
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Did thoughts of presidential transitions and agency rulemaking wake you early this morning? Me too. Join me at 8:00am in Flamingo C for my presentation on rulemaking disruption following inauguration.
#SPSA2020
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Spent several hours at AALS running around to film short clips for a little introductory trailer for LegReg. In this clip, you can watch me become incredibly distracted by the ChaCha Slide.
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@Andrew___Baker
Some of us have talked about doing this. It's similar to how folks teach the evolution of the Commerce Clause by going through the Lochner Era. The "Chevron Saga" is a decent tool to teach the mood of administrative law at this moment.
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Writing about the Chevron standard in the past tense feels weird.
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@WaqarVick
I once drafted an article on the use of statutory interpretation canons to interpret ambiguous rules in board games. I sincerely believe board games are an effective tool to teach students the importance of logic, strategy, and bargaining when developing a litigation strategy.
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I just discovered that I share a birthday with the Administrative Procedure Act. How prophetic.
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Over at
@YaleJREG
, I argue that (1) the petitioners' empirical claims in Loper Bright are unfounded and (2) we should hold ourselves to higher standards when making empirical claims to further prescriptive arguments.
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My advisors---
@davidlewisvu
and
@khickmanjd
---have helped me navigate this path for almost ten years. My dissertation committee---
@ShareceThrower
,
@BrentonKenkel
,
@guillermo_toral
,
@raugpott
, and
@GillianMetzger2
---has been instrumental in the development of my research. 2/4
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Tweets about why preference aggregation through AI would "solve" Arrow's Theorem are the best argument for why I do not want AI technologies near voting institutions. It's... It's just not true...
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Finally, my partner
@GraceMakesMaps
, my dad
@jlbednar
, and my mom (Cathie Hall) have always been there. Their love has seen me through frustrations with Bayesian games, amplified the joy of accepted publications, and provided me with a reprieve when I overworked myself. 4/4
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A number of junior scholars have asked me recently the best way to track which Law Reviews are open. The answer is to follow
@david__simon
.
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The Prince Tribute raises the question: Why do so many people own purple suits?
#OFFICIALPRINCETRIBUTE
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It's always strange to see my own work nestled among such great pieces of administrative-law scholarship. A lot of really interesting research on this
@YaleJREG
list.
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IMO, do everything you can to limit the things you need to worry about while on the job market. My briefcase became my "interview day" bag for four months. It had a notebook, pens, phone charger, Advil, Tums, application materials, USB with slides, etc. It was always packed.
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This week,
@YaleJREG
has a symposium on
@raugpott
's book, Bending the Rules. Killer lineup of scholars:
@BridgetDooling
,
@Jennifer_Nou
,
@rudalev
,
@emilysbremer
,
@chris_j_walker
, et al. I highly recommend the book and the symposium to anyone interested in bureaucracy or AdLaw.
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The entire
@VandyPoliSci
community has done so much for me over the past 5 years. My teachers have provided incredible guidance; my classmates (esp.
@chris_piper
and
@meredith_mclain
) kept me sane. 3/4
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I had a ton of fun joining
@ARozenshtein
,
@BridgetDooling
, and
@mollyereynolds
on this podcast about Loper Bright.
On Lawfare Daily,
@ARozenshtein
and
@mollyereynolds
spoke to
@BridgetDooling
and
@NicholasBednar
about the Supreme Court's Loper Bright decision, which overruled the Chevron doctrine that required courts to defer to executive agencies on their statues.
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Thank you to the wonderful faculty
@WisconsinLaw
for hosting me today! Their comments were invaluable as I revise the article, and they were terrific hosts. I hope to return soon.
Thank you to
@NicholasBednar
of
@UofMNLawSchool
for sharing your work on "Presidential Control and Administrative Capacity” in our Wednesday Workshop series.
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I'm assigning this in torts and then spending time having students compare briefs in small groups. In my opinion, it's really essential reading for anyone beginning law school (or any undergraduate student in a case-based course!).
If you're starting law school next month, you might be interested in my guide for how to read a legal opinion.
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Incredibly well deserved!
@VandyPoliSci
congratulates Prof.
@ShareceThrower
(& Alexander Bolton) for winning 2023 Neustadt Best Book Award from Presidents & Exec. Politics Section of
@APSAtweets
for "Checks in the Balance: Legislative Capacity and the Dynamics of Executive Power." Congrats!!!
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Greatly enjoyed
@chris_j_walker
's talk on Chevron's constraint of judicial decisionmaking at
@vanderbiltlaw
. If you missed it, I highly recommend his article w/
@ProfKentBarnett
&
@TheCLBoyd
. They are doing some of the best empirical work in law.
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What I have learned converting my law-market paper with footnotes to a political-science dissertation chapter with in-text citations: I neither need nor want these footnotes.
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I used R to randomize a bracket for March Madness. It's in the bottom 3% of all brackets on EPSN. So I'm going to reject the null that I'm winning the Department bracket.
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I got too excited by a question from a student in Legislation & Regulation and started talking about the D.C. rat problem very enthusiastically.
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A pet project of mine is collecting agency accounts that engage with the public in a less-formal manner to establish a brand and increase public awareness of their programs/policies. This is a peak example. One day I'll write it up...
Made a playlist for your weekend hike
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Need LawProf Advice: It is my first time submitting in the February law review cycle. When do people typically have their articles completed for submission? Other tips/tricks for first-time submitters?
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I am excited to announce that I will be starting a Ph.D. in PoliSci at
@VanderbiltU
this Fall. I will be researching bureaucracy and agency culture. I am incredibly excited to work with the numerous scholars studying bureaucracy in the PoliSci Dep't and
#AdLaw
at
@vanderbiltlaw
.
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Really great paper on the dearth of established administrative law in the states and how it affects state implementation of federal programs.
Unwritten Administrative Law and the Regulatory Last Mile in Cooperative Federalism, fascinating new paper (
@PennLRev
forth'g) by Tony Derron:
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Nothing puts the nerves at ease on the eve of your dissertation defense like a conditional acceptance of one of the chapters.
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In 2012, most cases concluded that the statute was ambiguous and proceeded to ask whether the agency had adopted a reasonable interpretation. Consistent with Kent Barnett and
@chris_j_walker
's findings. In 2022, the trend completely flips. Courts find ambiguity less often. 2/4
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@BrentonKenkel
The next law school study guide is just opinions as written by Sesame Street characters and Muppets.
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I have about a day's worth of work left on my dissertation. So instead I hired Aragorn here to guide me through the Smoky Mountains.
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When I started my project on agency rule making in May, I did not expect to spend the month of June learning how to (1) scrape data, (2) perform parallel computing operations, and (3) build a linux machine.
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@OrinKerr
I see room for a few more.
1. Last Term = Please footnote which term.
2. Supreme Court = Please cite lit. on the structure of this court for readers who may not be familiar with the U.S. legal system.
3. Relying on or overruling = Please cite lit. on the role of stare decisis.
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Win rates should stay the same right? We would expect courts to apply the same tools at step one and the agency to win at approximately the same rates between 2012 and 2022. Not what the data shows. Agencies won significantly more often at step one in 2022 than 2012. 3/4
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Deeply saddened by the passing of Prof. Burkhart. I took a Comparative Property course with her. She was kind, genuine, and an unforgettable teacher. I offer my fall 1L students a piece of advice that she gave me while in law school. Truly a respected member of the community.
The University of Minnesota Law School is deeply saddened to share that Professor Emerita Ann Burkhart — beloved teacher, colleague, and friend — passed away March 26, 2024. We invite you to share your memories on a memorial board in her honor.
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My colleague
@khickmanjd
was quoted in the
@washingtonpost
this morning on Loper Bright. Big day for the adlaw crowd!
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I am honored to have the privilege to respond to
@TheCLBoyd
@ProfKentBarnett
, and
@chris_j_walker
's piece "Administrative Law's Political Dynamics." I had so much fun writing this response. Now published on
@VandLRev
's website:
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The Supreme Court always announces major adlaw decisions when I have life events. I am confident that they will announce Loper Bright/Relentless tomorrow while I am at my sister's wedding and least able to respond.
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First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.
What's something you can quote by heart enough of to fill up a tweet character limit?
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Snippets from House debates on the 1978 civil-service reform
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Congratulations to the Class of 2024! You've worked hard to get to this moment, and you're going to do great things from here.
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Super insightful podcast on Loper Bright and its meaning. I really appreciate the attention to Loper Bright as a symbol versus Loper Bright as doctrine.
What does the end of Chevron mean for US administrative law? Law & Governance is back🔥with this timely discussion, recorded yesterday, ft Cary Coglianese
@TheRegReview
,
@emilysbremer
,
@BridgetDooling
,
@michaeleherz
,
@khickmanjd
, & hosted by
@NeysunM
:
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Me: I am going to bed early tonight. This will be great.
Brain: What if we build a formal model of the budgeting process instead?
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Registration is now open for the Section 3 symposium at
@UofMNLawSchool
. A great lineup of law professors, political scientists, and practitioners. Livestream option available. CLE credit requested. Shoutout to
@ARozenshtein
for putting it together.
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@khickmanjd
loaned me the second edition of Kenneth Culp Davis's Administrative Law treatise. I cannot begin to explain how entertaining it is as a piece of writing.
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I made the terrible mistake of not starting
@brianlfrye
's Ipse Dixit when it first started, but he's so prolific that I am not unsure whether I will ever catch up.
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@emilysbremer
If they had gone with the obviously better name, they could have called the offensive line "The Notice" and the defensive line "The Comments".
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Month 3 of Writing My Prospectus: Chapter linking bear maulings to bureaucratic capacity bodes well.
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@jordanlperkins
In Chevron's Inevitability,
@khickmanjd
and I make an argument similar to this. Interpreting an ambiguous statute requires selecting among policy choices. Courts don't want that responsibility and, therefore, deference is inevitable (even if the SOR is not called "Chevron").
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