Associate Professor of Law at the University of Minnesota. Bureaucratic Politics and Administrative Law. Vanderbilt Political Science PhD; UMN JD (He/Him)
Nashville, TN
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By request, I updated my website with a list of all the essays and podcasts I have done on the civil service. I'll keep it updated as I write and speak.
nbednar.com/civil-service/?a…
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New essay from me about agency use of AI tools to write regs: Outside Helpers, Rulemaking, and the Presumption of Regularity
papers.ssrn.com/abstract=744…
This piece was an invited contribution to a forthcoming symposium on the next wave of thinking about government’s use of AI.
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CFP for the 2027 National Conference of Constitutional Law Scholars. I look forward to this excellent conference every year and am delighted to be participating this time as a commenter.
law.arizona.edu/faculty-rese…
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Caleb Nelson on Against the Dictatorial Presidency: legaltheoryblog.com/?p=11356…
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Come work with us in our department! We are hiring an assistant professor in Political Science. web103.reachmee.com/ext/I005…
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Berkeley POLITICAL ECONOMY is hiring! Our undergraduate major has thrived for more than 40 years (with about 250 graduates per year today), and our new PhD minor is booming (with more than 100 PhD students from 16 departments or schools).
Details here:
aprecruit.berkeley.edu/JPF05…
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The History Department @UF is hiring TT in U.S. Legal History this year! explore.jobs.ufl.edu/en-us/j…
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I convinced the @NotreDameLRev to do their 2025 Federal Courts symposium on the Judiciary Act of 1925, and it was terrific! @TaraLeighGrove1 wrote the Foreword, and Robert Post, Judge Hardiman, Edward Hartnett, Allen Sumrall, @danepps, and @marinklevy contributed.
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Know an exceptional, PhD-curious undergrad from an underrepresented background? Encourage them to apply to University of Michigan's 16th annual Eldersveld Emerging Scholars Conference! I'm on the committee -- detailed CfA attached. Apply here: lsa.umich.edu/polisci/gradua…
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Nicholas Bednar retweeted
New to SSRN -- Delegation and Independent Judgment: My draft contribution to a terrific @NotreDameLRev symposium on Congress and the administrative state, in which I revisit @jadler1969 and my 2020 article Delegation and Time: papers.ssrn.com/sol3/papers.…
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Over @YaleJREG, @danieltdeacon highlights a terrific new paper, Faithful Agencies, by @BrianDFeinstein @JodyFreemanHLS Sharon Jacobs: yalejreg.com/nc/ad-law-readi…
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Good luck to everyone going on the law teaching market!
I wrote up 65 pages of notes with basic information, advice I received, question banks, some rough empirical analysis, and more.
It’s a work in progress but hopefully a useful starting point.
ssrn.com/abstract=7219478
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Berkeley Political Science is hiring. Priorities include International Relations, Public Law, and American Politics.
polisci.berkeley.edu/researc…
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Bednar & Phillips on a Faithful Execution Exception to Slaughter: legaltheoryblog.com/?p=11313…
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Post-Slaughter, everyone's been scrambling to distinguish tenure protected officers from those who are removable at will. My updates to “Interstitial Executive” drive home that history offers a basic yet overlooked way to make this distinction: statutes.
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I’m delighted to share that the Northwestern University Law Review will publish Artificial Intelligence and Human Legal Reasoning, co-authored with @NicholasBednar, Allan Erbsen, and David Cleveland. 1/4
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🚨Job Alert🚨 @umichpolisci is hiring for a junior position on China/MENA! Both CP/IR are welcome! Detailed job ad is lsa.umich.edu/polisci/curren…. Apply here 👉 apply.interfolio.com/188808
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Over at @lawfare, Peyton Baker, Amy Wildermuth, and I discuss the recent decision in Comans v. Executive Office of the President and what it reveals about the questions emerging in the Post-Slaughter world.
In Comans v. Executive Office of the President, a district court applied Slaughter, the Supreme Court's ruling letting the president remove 'subordinates' for the first time. Peyton Baker, @NicholasBednar, and Amy Wildermuth break down the decision, which upheld removal protections for inferior officers.
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The court reaffirmed Perkins, allowing Congress to protect inferior officers. Perkins is going to be a big deal in the future. Highly recommend some enterprising law review sweep in and take Baker and Wildermuth's study tracing the history of Perkins.
papers.ssrn.com/sol3/papers.…
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New draft paper on SSRN: "Fact Avoidance," forthcoming in @HarvLRev Supreme Court Issue.
This Essay identifies a recurring feature in SCOTUS case law, where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1
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