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Daniel E. Walters

Daniel Walters

Assistant Professor of Law

Education: 

J.D., University of Michigan Law School
Ph.D., University of Wisconsin-Madison

Professor Daniel Walters is an assistant professor of law at Penn State Law and an affiliate faculty member in the Department of Political Science and affiliated researcher in the Institutes of Energy & the Environment at the Pennsylvania State University. He brings an empirical approach to the study of public law and regulatory policy, with work appearing or forthcoming in the Stanford Law Review, the Columbia Law Review, the University of Pennsylvania Law Review, the Georgetown Law Journal, the Michigan Law Review, Ecology Law Quarterly, the Journal of Public Administration Research & Theory, the Harvard Environmental Law Review, and the Administrative Law Review, among others. His current research focuses on empirically testing claims undergirding proposed reforms to the regulatory state and administrative law, as well as examining political and legal approaches to promote a transition to a cleaner energy economy.

Professor Walters is a 2012 graduate of the University of Michigan Law School, where he was a member of the Michigan Law Review and served as the editor-in-chief for the inaugural volume of the Michigan Journal of Environmental & Administrative Law. Professor Walters also earned his Ph.D. in political science at the University of Wisconsin-Madison in 2019 with a dissertation focusing on bureaucratic politics and administrative behavior. Before joining the faculty at Penn State, Professor Walters was a regulation fellow in the Penn Program on Regulation at the University of Pennsylvania Law School and a law clerk for the Honorable M. Margaret McKeown on the U.S. Court of Appeals for the Ninth Circuit.

Law Reviews

Unrules, 73 Stan. L. Rev. (forthcoming 2021) (with Cary Coglianese & Gabe Scheffler)

Symmetry’s Mandate: Constraining the Politicization of American Administrative Law, 119 Mich. L. Rev. (forthcoming 2020)

Round Two: A Half Century of EPA Rulemakings in the Courts, 70 Case W. Res. L. Rev. (forthcoming 2020) (with Cary Coglianese)

Whither the Regulatory ‘War on Coal’? Scapegoats, Saviors, and Stock Market Reactions, 46 Ecology L.Q. (forthcoming 2020) (with Cary Coglianese)

Animal Agriculture Liability for Climatic Nuisance: A Path Forward for Climate Change Litigation?, 44 Colum. J. Envtl. L. 299 (2019)
Selected for inclusion in the 13th Edition of the Environmental Law Institute’s Environmental Law and Policy Review, which included the top 20 environmental law articles published from August 2018 to July 2019

Capturing the Regulatory Agenda: An Empirical Study of Agency Responsiveness to Rulemaking Petitions, 43 Harv. Envtl. L. Rev. 175 (2019)

The Self-Delegation False Alarm: Analyzing Auer Deference’s Effect on Agency Rules, 119 Colum. L. Rev. 85 (2019)

Planning for Excellence: Insights from an International Review of Regulators’ Strategic Plans, 35 Pace Envtl. L. Rev. 240 (2018) (with Adam M. Finkel & Angus Corbett)

The Judicial Role in Constraining Presidential Non-Enforcement Discretion: The Virtues of an APA Approach, 164 U. Pa. L. Rev. 1911 (2016)

Agenda-Setting in the Regulatory State: Theory and Evidence, 68 Admin. L. Rev. 865 (2016) (with Cary Coglianese)

Upending a Global Debate: An Empirical Analysis of the U.S. Supreme Court’s Use of Transnational Law to Interpret Domestic Doctrine, 103 Geo. L.J. 1 (2014) (with Ryan Black, Ryan Owens, & Jennifer Brookhart)

Ideology, Qualifications, and Covert Senate Obstruction of Federal Court Nominations, 2014 U. Ill. L. Rev. 347 (with Ryan Owens, Ryan Black, & Anthony Madonna)

Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, 28 J. L. & Pol. 129 (2013)
Winner of the American Constitution Society’s Richard D. Cudahy Writing Competition on Regulatory and Administrative Law (student category)

The Justiciability of Fair Balance under the Federal Advisory Committee Act: Toward a Deliberative Process Approach, 110 Mich. L. Rev. 677 (2012)

Peer-Reviewed Journals

Scientific Expertise and the Balance of Political Interests: MEDCAC and Medicare Coverage Decisions, 22 J. Pub. Admin. Res. & Theory 55 (2012)
Winner of the Beryl Radin Award from the Public Management Research Association

Book Chapters

Public Engagement in Regulation: Assessing the Effectiveness of Common Tools, in The Regulator’s Handbook (Cary Coglianese ed., forthcoming 2020) (with Jennifer Nash)

Excellence in Transparency: A Field Guide for Regulators, in The Regulator’s Handbook (Cary Coglianese ed., forthcoming 2020) (with Jennifer Nash)

Media

Solving Climate Change Through a Grid Infrastructure Overhaul, Wharton Risk Management & Decision Center (July 26, 2019)

A Turning Point in the Deference Wars, The Regulatory Review (July 9, 2019)

Laying Bare the Realpolitik of Administrative Deconstruction, SCOTUSblog (June 27, 2019)

The Empty Case for Overruling Auer Deference, The Regulatory Review (Dec. 11, 2018)

Why Cabinet Secretaries Should Not Threaten Members of Congress, The Regulatory Review (Aug. 14, 2017) (with Cary Coglianese & Gabe Scheffler)

Ditch the Flawed Legislative Proposal to Police Agency Communications, The Regulatory Review (May 10, 2017)

Regulatory Leadership in Tackling Tobacco, The Regulatory Review (Jul. 29, 2015)

Sue-and-Settle Bill Threatens a Delicate Equilibrium, The Regulatory Review (May 19, 2015)

New ‘Sue-and-Settle’ Bill is Much Ado About Nothing, The Regulatory Review (Mar. 24, 2015)

Experts Debate EPA’s Proposed Clean Power Rule, The Regulatory Review (Dec. 15, 2014)

Improving Regulatory Agenda-Setting, The Regulatory Review (Nov. 17, 2014) (with Cary Coglianese)

Is There Hope for Expertise in Antitrust Law?, The Regulatory Review (Oct. 13, 2014)

Improving Regulatory Processes Around the World, The Regulatory Review (Aug. 26, 2014)

How Well is Obamacare Working?, The Regulatory Review (May 13, 2014)

Obama’s Regulatory Chief Speaks at Penn Law, The Regulatory Review (Apr. 30, 2014)

Analyzing the Job Impacts of Regulation, The Regulatory Review (Apr. 15, 2014)

Penn Seminar Explores New Responses to Flood Risks, The Regulatory Review (Jan. 21, 2014)

Supreme Court Confronts Interstate Air Pollution Regulation, The Regulatory Review (Dec. 12, 2013)

Do Regulations Kill Jobs?, The Regulatory Review (Nov. 4, 2013)

The Shutdown’s Impact on Regulation, The Regulatory Review (Oct. 11, 2013)

Working Projects

If We Build It Will They Legislate?: Empirically Testing the Non-Delegation Doctrine’s Potential to Curb Congressional Abdication

Lumpiness Problems in Energy Decarbonization

A Responsive Bureaucracy: A Text-Based Empirical Assessment of Presidential Influence over Rulemaking Agendas

The Politics of Prioritization: Strategy, Timing, and Petitions for Rulemaking

Round Two: A Half Century of EPA Rulemakings in the Courts (with Cary Coglianese)