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briandfeinstein.bsky.social @briandfeinstein.bsky.social · 28d

The Yale Journal of Regulation is hosting a symposium on @petercontibrown.bsky.social & @seanvanatta.bsky.social's new book "Private Finance, Public Power" - a deeply researched history of bank supervision that anyone interested in banking, state capacity, or Am. political development should read.

Introduction to Symposium on Peter Conti-Brown & Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America, by Brian D. Feinstein - Yale Journal on Regulation

This post introduces Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click ...

www.yalejreg.com

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Dan Walters @profdanwalters.bsky.social · Aug 17

Very excited that my article "Informational Administration" will appear in the Stanford Law Review's special administrative law issue next year! You can download the draft at papers.ssrn.com/sol3/papers..... It's still a work-in-progress, so comments are very much welcome.

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Aug 12

New on SSRN: A firm's size affects whether it can racially discriminate, dump waste, or ignore safety laws. In all, >1300 USC provisions favor small firms.

This article uncovers this overlooked body of law, argues it impedes reg goals, and shows how it distorts mkts. papers.ssrn.com/sol3/papers....

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Jun 23

thanks to @prawfbainbridge for this thoughtful review of "The Market Value of Partisan Balance"

Recent Scholarship of Note: The Market Value of Partisan Balance

Does having a politically balanced judiciary help maintain Delaware's dominance?

www.bainbridgeoncorporations.com

briandfeinstein.bsky.social @briandfeinstein.bsky.social · May 21

Now in print - scholarship.law.duke.edu/dlj/vol74/is...

"Presidential Administration and the Accountability Illusion" by Brian D. Feinstein

For over a decade, the Supreme Court has upended executive-branch structures that insulated administrative agencies from the White House. Judges and scholars justify this project in part by claiming t...

scholarship.law.duke.edu

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Mar 27

The road show continues - Enjoyed presenting "Accountability Illusion" today at the faculty workshop at @fordhamlawnyc.bsky.social, located in Philadelphia's 67th ward: New York City.

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Mar 24

Wharton Financial Regulation Conference - April 25

Academics, financial policymakers, etc: email me to rsvp. It's gonna be 🔥

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Mar 21

Looking forward to presenting "Presidential Administration & the Accountability Illusion" at Duke Law Journal's adlaw symposium today. What a lively audience! @dukelaw.bsky.social

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Kristin E. Hickman @khickmanjd.bsky.social · Mar 20

Happy to be traveling to @dukelaw.bsky.social for the annual Duke Law Journal administrative law symposium. I will be commenting on Jarkesy's Stakes for the SEC by @jamesftierney.bsky.social & presenting my own essay on Skidmore after Loper Bright.
papers.ssrn.com/sol3/papers....

Anticipating A New Modern Skidmore Standard

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron deference but blessed giving agency interpretations of statutes “r

papers.ssrn.com

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Mar 19

Corporations consider spinoffs all the time. Universities don't. If the reason is just empire-building unconstrained by shareholders, that's not a good look for mgmt!

briandfeinstein.bsky.social @briandfeinstein.bsky.social · Mar 19

Some synergies with having (1) undergrad & non-scientific grad programs, (2) scientific research, and (3) a health system w/in the same entity. But the setup is also partly the result of path dependence & historical contingencies. At what point would a spinoff improve all 3?

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Mar 10

now in print: The Market Value of Partisan Balance (w/
Daniel Hemel) - shows that investors value the requirement that Delaware courts include both Dem & GOP judges.

With federal agencies now in flux, that finding suggests investors appreciate stable, bipartisan institutions.

The Market Value of Partisan Balance - Northwestern University Law Review

For the past century, Delaware’s constitution has provided that no more than a bare majority of judges on the state’s courts may hail from the same political party. Some scholars and jurists theorize ...

northwesternlawreview.org

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Feb 26

So, if you're a political appointee to a divided agency, acting in good faith, consider new ways for aligned outside experts to engage:
- advisory committees
- interagency coordination
-subsidized participation for heterodox groups
➡️addresses agency costs w/o burning it down.

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Feb 26

We find: Divided agencies take more time considering proposed rules & are more likely to accept late-filed comments.

Implies: Appointees use the time to hear from aligned outside experts. Civil servants, aware that their work will be checked, may be more accommodating ex ante.

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Feb 26

Imagine you run an agency where civil servants hold very different views than you. You want to rely on their expertise (hey, we're imagining) but you also don't wanna be hoodwinked.

Before calling Elon, read Divided Agencies! @yesthatabbywood.bsky.social 🧵

Divided Agencies – Southern California Law Review

Clashes between presidential appointees and civil servants are front-page news. Whether styled as a “deep state” hostile to its democratically selected political principals or as bold “resisters” coun...

southerncalifornialawreview.com

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Feb 23

Presidential personnel w/in the same administration are not a monolith. See ⬇️

@yesthatabbywood.bsky.social & my article "Divided Agencies" shows how civil servants & appointees differ both w/in & across agencies -- with implications for governance. papers.ssrn.com/sol3/papers....

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Feb 3

My colleagues voted to grant me tenure. I'm grateful to countless mentors & friends (plus some anonymous letter-writers!)
Tenure in academia is a privilege. I will strive to use it well.

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Jan 25

for more:

- Submerged Indept Agencies, papers.ssrn.com/sol3/papers....

- Strategic Subdelegation, papers.ssrn.com/sol3/papers....

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Jan 25

Revocations of existing appointee-to-civil servant subdelegations are rare; @jennifernou.bsky.social & my data show one revocation for every 33 new subdelegations of authority. That Trump 2.0 is pursuing this so early suggests a more sophisticated operation than in '17.

Trump Pauses Permitting for All Renewables on Federal Lands

A newly released memo from the Department of the Interior freezes the pipeline for 60 days.

heatmap.news

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Andrew Jennings @andrewkjennings.com · Nov 12

I created a Business Scholars Starter Pack (law profs, business-school profs, sociologists, economists, etc.). Let me know who I've missed and I'll add. go.bsky.app/TPJf9ts

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Jan 13

💥CFP: Wharton Financial Regulation Conference - 4/25. Submission deadline 2/10.💥

Academics working on topics in financial regulation (broadly defined): we hope you'll submit your work!

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Dec 23

With fall term grades posting soon, I like to share Elena Kagan's law school transcript with my first-year students. It's very good, but certainly not perfect, particularly for her first semester. And look where she landed. You will do well too.

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Dec 13

3. Either way, Rs would outvote Ds. So little policy risk to appointing Ds to fill the 2 minority-party seats.

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Dec 13

2. Minority-party commissioners serve an important monitoring function. Especially at SEC, where so much is delegated to civil servants but any 1 commissioner can elevate an issue to the full commission.

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briandfeinstein.bsky.social @briandfeinstein.bsky.social · Dec 13

1. markets seem to value politically balanced decisionmakers, perhaps b/c of the stability they provide. That's what @danielhemel.bsky.social & I found re- Delaware courts. Here, disrupting long history of bipartisanship may signal unpredictability to markets. papers.ssrn.com/sol3/papers....

The Market Value of Partisan Balance

For the past century, Delaware’s Constitution has provided that no more than a bare majority of judges on the state’s courts may hail from the same political

papers.ssrn.com

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