Josh Macey
@joshuamacey.bsky.social
Law Professor at Yale. Energy, climate, finreg, bankruptcy, and regulation.
Reposted by Josh Macey
/1 Just realized that my latest article with @yalelawjournal.bsky.social just dropped! This is obviously a huge honor. I really appreciate the editors taking a chance on a young, no-name scholar with an idiosyncratic story to tell.
www.yalelawjournal.org/article/resu...
www.yalelawjournal.org/article/resu...
Resurrecting the Trinity of Legislative Constitutionalism
From 1919 to 1969, the Offices of the Legislative Counsel in the Senate and House drafted precedential opinions to advise lawmakers on constitutional and subconstitutional questions. This Article lift...
www.yalelawjournal.org
June 2, 2025 at 7:20 PM
/1 Just realized that my latest article with @yalelawjournal.bsky.social just dropped! This is obviously a huge honor. I really appreciate the editors taking a chance on a young, no-name scholar with an idiosyncratic story to tell.
www.yalelawjournal.org/article/resu...
www.yalelawjournal.org/article/resu...
Reposted by Josh Macey
Thank you to the “What Is Distinctive About LPE and L&E?” panelists, @akapczynski.bsky.social, @jocelynsimonson.bsky.social, @sonofdavid.bsky.social, @adamchilton.bsky.social, @joshuamacey.bsky.social, Mila Versteeg Sarath Sanga, and moderator Joe Schottenfeld.
April 18, 2025 at 5:30 PM
Thank you to the “What Is Distinctive About LPE and L&E?” panelists, @akapczynski.bsky.social, @jocelynsimonson.bsky.social, @sonofdavid.bsky.social, @adamchilton.bsky.social, @joshuamacey.bsky.social, Mila Versteeg Sarath Sanga, and moderator Joe Schottenfeld.
Reposted by Josh Macey
I have an essay out in the @HarvLRev blog on "President Trump in the Era of Exclusive Powers."
The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.
harvardlawreview.org/blog/2025/04...
The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.
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
April 14, 2025 at 3:27 PM
I have an essay out in the @HarvLRev blog on "President Trump in the Era of Exclusive Powers."
The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.
harvardlawreview.org/blog/2025/04...
The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.
harvardlawreview.org/blog/2025/04...
Reposted by Josh Macey
I hope the piece might be of interest to among others, @jacklgoldsmith.bsky.social @becingber.bsky.social @debpearlstein.bsky.social @joshuamacey.bsky.social @blakeprof.bsky.social @narosenblum.bsky.social @jdmortenson.bsky.social @jedshug.bsky.social @dandeacon.bsky.social @curtbradley.bsky.social
I have an essay out in the @HarvLRev blog on "President Trump in the Era of Exclusive Powers."
The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.
harvardlawreview.org/blog/2025/04...
The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.
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
April 14, 2025 at 4:01 PM
I hope the piece might be of interest to among others, @jacklgoldsmith.bsky.social @becingber.bsky.social @debpearlstein.bsky.social @joshuamacey.bsky.social @blakeprof.bsky.social @narosenblum.bsky.social @jdmortenson.bsky.social @jedshug.bsky.social @dandeacon.bsky.social @curtbradley.bsky.social
Reposted by Josh Macey
"Ohio Confidential" debuts at 9 p.m. on Tuesday, April 15.
"New HBO documentary digs into Ohio bribery scandal as case study for dark money corruption."
New HBO documentary digs into Ohio bribery scandal as case study for dark money corruption
A pay-to-play scandal that unfolded at the Ohio Statehouse and sent a top politico to federal prison is the focus of the first in a two-part series, "The Dark Money Game."
buff.ly
April 7, 2025 at 8:13 PM
"Ohio Confidential" debuts at 9 p.m. on Tuesday, April 15.
Reposted by Josh Macey
Similarly proud to be a WilmerHale* alum (if they fight this).
*As Leah should know, it’s WilmerHale (marketing name, with camel case) or Wilmer Cutler Pickering Hale and Dorr LLP. I don’t think Lloyd Cutler would back down from this.
*As Leah should know, it’s WilmerHale (marketing name, with camel case) or Wilmer Cutler Pickering Hale and Dorr LLP. I don’t think Lloyd Cutler would back down from this.
Proud to be an alum of Wilmer Hale right now.
If you are in a position to direct business to law firms - or to take business to law firms - please consider which firms are standing up and fighting.
Against *blatantly illegal* policies!
If you are in a position to direct business to law firms - or to take business to law firms - please consider which firms are standing up and fighting.
Against *blatantly illegal* policies!
March 28, 2025 at 1:29 AM
Similarly proud to be a WilmerHale* alum (if they fight this).
*As Leah should know, it’s WilmerHale (marketing name, with camel case) or Wilmer Cutler Pickering Hale and Dorr LLP. I don’t think Lloyd Cutler would back down from this.
*As Leah should know, it’s WilmerHale (marketing name, with camel case) or Wilmer Cutler Pickering Hale and Dorr LLP. I don’t think Lloyd Cutler would back down from this.
Reposted by Josh Macey
Last week, a federal court lifted an injunction that had blocked Indiana's anti-competition transmission law (ROFR). The court threw out the injunction on a legal technicality. This paves the way for MISO to award LRTP projects to IN utilities w/o competition media.ca7.uscourts.gov/cgi-bin/Opin...
media.ca7.uscourts.gov
March 17, 2025 at 1:23 PM
Last week, a federal court lifted an injunction that had blocked Indiana's anti-competition transmission law (ROFR). The court threw out the injunction on a legal technicality. This paves the way for MISO to award LRTP projects to IN utilities w/o competition media.ca7.uscourts.gov/cgi-bin/Opin...
Reposted by Josh Macey
We filed this amicus yesterday on Wilcox v Trump
1. Firing Wilcox from NLRB was illegal,
b/c Humphrey's Executor remains good law.
2. New historical evidence confirms Humphrey's.
3. Unitary responses expose that they have no evidence.
@ssrn.bsky.social link:
papers.ssrn.com/sol3/papers....
1. Firing Wilcox from NLRB was illegal,
b/c Humphrey's Executor remains good law.
2. New historical evidence confirms Humphrey's.
3. Unitary responses expose that they have no evidence.
@ssrn.bsky.social link:
papers.ssrn.com/sol3/papers....
Amicus in <i>Wilcox v. Trump</i> on Presidential Removal and Unitary Executive Theorists' Errors
<div>
As courts consider President Trump's firings and question Humphrey's Executor as precedent, the more immediate questions should be focused on new histori
papers.ssrn.com
March 13, 2025 at 5:37 PM
We filed this amicus yesterday on Wilcox v Trump
1. Firing Wilcox from NLRB was illegal,
b/c Humphrey's Executor remains good law.
2. New historical evidence confirms Humphrey's.
3. Unitary responses expose that they have no evidence.
@ssrn.bsky.social link:
papers.ssrn.com/sol3/papers....
1. Firing Wilcox from NLRB was illegal,
b/c Humphrey's Executor remains good law.
2. New historical evidence confirms Humphrey's.
3. Unitary responses expose that they have no evidence.
@ssrn.bsky.social link:
papers.ssrn.com/sol3/papers....
Reposted by Josh Macey
It’s usually bad news if scholarship on free speech becomes timely, so I am pleased/dismayed that I have a timely new paper, forthcoming in U Chicago Law Review, about one of the Trump admin’s most powerful tactics of censorship: jawboning 🧵https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5162523
Enforcing the First Amendment in an Era of Jawboning
First Amendment law tends to focus on the exercise of formal government power. Nevertheless, for over six decades now, it has been black letter law that informa
papers.ssrn.com
March 6, 2025 at 1:16 PM
It’s usually bad news if scholarship on free speech becomes timely, so I am pleased/dismayed that I have a timely new paper, forthcoming in U Chicago Law Review, about one of the Trump admin’s most powerful tactics of censorship: jawboning 🧵https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5162523
Reposted by Josh Macey
Extracting Profits from the Public: How Utility Ratepayers Are Paying for Big Tech’s Power
My new paper with Eliza Martin uncovers how utilities are forcing ratepayers to fund discounted rates for data centers
🔌💡
eelp.law.harvard.edu/extracting-p...
My new paper with Eliza Martin uncovers how utilities are forcing ratepayers to fund discounted rates for data centers
🔌💡
eelp.law.harvard.edu/extracting-p...
Extracting Profits from the Public: How Utility Ratepayers Are Paying for Big Tech’s Power – Environmental and Energy Law Program
eelp.law.harvard.edu
March 6, 2025 at 1:50 PM
Extracting Profits from the Public: How Utility Ratepayers Are Paying for Big Tech’s Power
My new paper with Eliza Martin uncovers how utilities are forcing ratepayers to fund discounted rates for data centers
🔌💡
eelp.law.harvard.edu/extracting-p...
My new paper with Eliza Martin uncovers how utilities are forcing ratepayers to fund discounted rates for data centers
🔌💡
eelp.law.harvard.edu/extracting-p...
Thanks Dan!
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "The Public Law of Public Utilities" by @joshuamacey.bsky.social and Brian Richardson. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "The Public Law of Public Utilities," by Joshua Macey and Brian Richardson - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “The Public Law of Public Utilities,” by Joshua Macey and Brian Richardson, which is forthcoming in the Yale Journal on Regulation. Here is the abstract: This Arti...
www.yalejreg.com
February 28, 2025 at 3:40 PM
Thanks Dan!
Reposted by Josh Macey
Have been mostly trying to avoid the news today. But a few initial reactions upon quick skim of EOs:
* Attempt to halt dispursements of BIL and IRA awards. This is extremely aggressive and, if it sticks, will undermine investments (largely in GOP districts). Probably the sleeper provision.
* Attempt to halt dispursements of BIL and IRA awards. This is extremely aggressive and, if it sticks, will undermine investments (largely in GOP districts). Probably the sleeper provision.
January 21, 2025 at 2:45 AM
Have been mostly trying to avoid the news today. But a few initial reactions upon quick skim of EOs:
* Attempt to halt dispursements of BIL and IRA awards. This is extremely aggressive and, if it sticks, will undermine investments (largely in GOP districts). Probably the sleeper provision.
* Attempt to halt dispursements of BIL and IRA awards. This is extremely aggressive and, if it sticks, will undermine investments (largely in GOP districts). Probably the sleeper provision.
Reposted by Josh Macey
🔌💡 Our new study led by @fnbillimoria.bsky.social, "Hedging and tail risk in electricity markets," is now out in Energy Economics. 50-day access link: www.sciencedirect.com/science/arti...
Hedging and tail risk in electricity markets
One of the persistent concerns in scarcity-based electricity market designs is that markets for long-term contracts are highly illiquid or ‘missing’. …
www.sciencedirect.com
December 22, 2024 at 10:53 AM
🔌💡 Our new study led by @fnbillimoria.bsky.social, "Hedging and tail risk in electricity markets," is now out in Energy Economics. 50-day access link: www.sciencedirect.com/science/arti...
For Ari’s early work that seems to have influenced this, see: www.eba-net.org/wp-content/u...
And: www.eba-net.org/wp-content/u...
And: www.eba-net.org/wp-content/u...
December 20, 2024 at 5:28 PM
For Ari’s early work that seems to have influenced this, see: www.eba-net.org/wp-content/u...
And: www.eba-net.org/wp-content/u...
And: www.eba-net.org/wp-content/u...
Reposted by Josh Macey
Call for Papers - 14th Annual Junior Federal Courts Workshop - Cornell Law School, 4/25/2025. Junior scholars in fields of federal courts, civil procedure, civil rights litigation, constitutional law are encouraged to apply. Abstracts due 1/15/25.
community.lawschool.cornell.edu/junior-facul...
community.lawschool.cornell.edu/junior-facul...
14th Annual Junior Faculty Federal Courts Workshop – Cornell Law School Community
The workshop will begin on the morning of Friday, April 25, 2025. Each panel will consist of three to four junior scholars, with a senior scholar commenting on the papers and leading a group discussion.
community.lawschool.cornell.edu
December 19, 2024 at 5:48 PM
Call for Papers - 14th Annual Junior Federal Courts Workshop - Cornell Law School, 4/25/2025. Junior scholars in fields of federal courts, civil procedure, civil rights litigation, constitutional law are encouraged to apply. Abstracts due 1/15/25.
community.lawschool.cornell.edu/junior-facul...
community.lawschool.cornell.edu/junior-facul...
Reposted by Josh Macey
Some really gross stuff is in your utility bill.
Private jet trips. Massages. Professional sport games. Not the perks of being a millionaire, but instead an executive or staff member at some of the top utilities across the country. And customers are paying the price. New report from EPI: energyandpolicy.org/report-utili...
Power Trip: How utilities use customer money to fund lobbying, corporate branding, and luxury lifestyle expenses
Utilities seek to charge customers for lobbying, corporate advertising, and unnecessary expenses that do not benefit customers.
energyandpolicy.org
December 11, 2024 at 4:54 PM
Some really gross stuff is in your utility bill.
Reposted by Josh Macey
The US often outsources electricity market design decisions to investor-owned utilities 🔌💡
"This explanation is unconvincing, however, because PacifiCorp does not have any competitors."
Good humor in @joshuamacey.bsky.social 's new paper: lawreview.uchicago.edu/print-archiv...
"This explanation is unconvincing, however, because PacifiCorp does not have any competitors."
Good humor in @joshuamacey.bsky.social 's new paper: lawreview.uchicago.edu/print-archiv...
December 11, 2024 at 5:11 PM
The US often outsources electricity market design decisions to investor-owned utilities 🔌💡
"This explanation is unconvincing, however, because PacifiCorp does not have any competitors."
Good humor in @joshuamacey.bsky.social 's new paper: lawreview.uchicago.edu/print-archiv...
"This explanation is unconvincing, however, because PacifiCorp does not have any competitors."
Good humor in @joshuamacey.bsky.social 's new paper: lawreview.uchicago.edu/print-archiv...
Reposted by Josh Macey
Okay, back to #energysky agreeing on 80% of climate policy… The Kleinman Energy podcast is great and this episode with @joshuamacey.bsky.social and @shelley-w.bsky.social should definitely be in your weekly queue.
Grid governance needs serious reform—not just for RE but for reliability, load, etc.
Grid governance needs serious reform—not just for RE but for reliability, load, etc.
PODCAST: U.S. grid reliability is declining—but it’s not just demand or severe weather. Governance complexities, with conflicting federal and state priorities, might be the real culprit. Shelley Welton and Joshua Macey dive deep into this issue and explore paths for reform.
Why Electrical Grid Governance Needs Reforming - Kleinman Center for Energy Policy
Energy policy research from the University of Pennsylvania
kleinmanenergy.upenn.edu
December 9, 2024 at 2:35 PM
Okay, back to #energysky agreeing on 80% of climate policy… The Kleinman Energy podcast is great and this episode with @joshuamacey.bsky.social and @shelley-w.bsky.social should definitely be in your weekly queue.
Grid governance needs serious reform—not just for RE but for reliability, load, etc.
Grid governance needs serious reform—not just for RE but for reliability, load, etc.
Reposted by Josh Macey
🚨New paper: State Capacity for Building Infrastructure
US infrastructure construction (transportation, energy, etc.) is often costly & slow.
I discuss the data & propose reforms. 🧵
Here is the paper: papers.ssrn.com/sol3/papers....
US infrastructure construction (transportation, energy, etc.) is often costly & slow.
I discuss the data & propose reforms. 🧵
Here is the paper: papers.ssrn.com/sol3/papers....
December 5, 2024 at 8:12 PM
🚨New paper: State Capacity for Building Infrastructure
US infrastructure construction (transportation, energy, etc.) is often costly & slow.
I discuss the data & propose reforms. 🧵
Here is the paper: papers.ssrn.com/sol3/papers....
US infrastructure construction (transportation, energy, etc.) is often costly & slow.
I discuss the data & propose reforms. 🧵
Here is the paper: papers.ssrn.com/sol3/papers....
Reposted by Josh Macey
#EnergySky 🔌💡
Excited that a forthcoming article, Reliance and Reliability, has been reviewed by Berkeley Law’s Eric Biber in Jotwell: jotwell.com
Jotwell
The Journal of Things We Like (Lots)
jotwell.com
December 2, 2024 at 5:04 PM
#EnergySky 🔌💡
Reposted by Josh Macey
FERC's update to its transmission planning rule dodged the "Atlantic City" issue. Ah well.
Atlantic City refers to a 2002 decision by the DC Circuit that holds utilities have a right under federal law to file changes to its transmission rates and terms. Might not seem important but...
Atlantic City refers to a 2002 decision by the DC Circuit that holds utilities have a right under federal law to file changes to its transmission rates and terms. Might not seem important but...
November 22, 2024 at 11:55 AM
FERC's update to its transmission planning rule dodged the "Atlantic City" issue. Ah well.
Atlantic City refers to a 2002 decision by the DC Circuit that holds utilities have a right under federal law to file changes to its transmission rates and terms. Might not seem important but...
Atlantic City refers to a 2002 decision by the DC Circuit that holds utilities have a right under federal law to file changes to its transmission rates and terms. Might not seem important but...
Reposted by Josh Macey
New in Energy Economics, our paper on the challenge of allocating the cost of transmission in a manner "roughly commensurate with benefits" when nobody can agree what the benefits are. 50-day share link: authors.elsevier.com/c/1kB0SW3fc~...
authors.elsevier.com
November 29, 2024 at 9:55 AM
New in Energy Economics, our paper on the challenge of allocating the cost of transmission in a manner "roughly commensurate with benefits" when nobody can agree what the benefits are. 50-day share link: authors.elsevier.com/c/1kB0SW3fc~...