@briandfeinstein.bsky.social
@Wharton Legal Studies. Scholar of how power is apportioned & exercised in financial & other regulators. https://lgst.wharton.upenn.edu/profile/bdfeinst/
My comments to Bloomberg Law on the Trump admin's sharp cuts to advisory committees--
t.co/2jBkhDvykZ
t.co/2jBkhDvykZ
November 4, 2025 at 7:34 PM
My comments to Bloomberg Law on the Trump admin's sharp cuts to advisory committees--
t.co/2jBkhDvykZ
t.co/2jBkhDvykZ
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
September 11, 2025 at 12:08 PM
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.
Reposted
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.
August 17, 2025 at 4:57 PM
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.
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....
This article uncovers this overlooked body of law, argues it impedes reg goals, and shows how it distorts mkts. papers.ssrn.com/sol3/papers....
August 12, 2025 at 3:54 PM
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....
This article uncovers this overlooked body of law, argues it impedes reg goals, and shows how it distorts mkts. papers.ssrn.com/sol3/papers....
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
June 23, 2025 at 2:35 PM
thanks to @prawfbainbridge for this thoughtful review of "The Market Value of Partisan Balance"
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
May 21, 2025 at 6:01 PM
Now in print - scholarship.law.duke.edu/dlj/vol74/is...
Wharton Financial Regulation Conference - April 25
Academics, financial policymakers, etc: email me to rsvp. It's gonna be 🔥
Academics, financial policymakers, etc: email me to rsvp. It's gonna be 🔥
March 24, 2025 at 11:30 PM
Wharton Financial Regulation Conference - April 25
Academics, financial policymakers, etc: email me to rsvp. It's gonna be 🔥
Academics, financial policymakers, etc: email me to rsvp. It's gonna be 🔥
Looking forward to presenting "Presidential Administration & the Accountability Illusion" at Duke Law Journal's adlaw symposium today. What a lively audience! @dukelaw.bsky.social
March 21, 2025 at 12:07 PM
Looking forward to presenting "Presidential Administration & the Accountability Illusion" at Duke Law Journal's adlaw symposium today. What a lively audience! @dukelaw.bsky.social
Reposted
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....
papers.ssrn.com/sol3/papers....
Anticipating A New Modern Skidmore Standard
<p>In <i>Loper Bright Enterprises v. Raimondo</i>, the Supreme Court overruled <i>Chevron </i>deference but blessed giving agency interpretations of statutes “r
papers.ssrn.com
March 20, 2025 at 3:07 PM
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....
papers.ssrn.com/sol3/papers....
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?
March 19, 2025 at 3:18 PM
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?
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.
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
March 10, 2025 at 1:41 PM
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.
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.
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 🧵
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
February 26, 2025 at 7:20 PM
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 🧵
Before calling Elon, read Divided Agencies! @yesthatabbywood.bsky.social 🧵
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....
@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....
February 23, 2025 at 4:25 PM
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....
@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....
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.
Tenure in academia is a privilege. I will strive to use it well.
February 3, 2025 at 2:49 PM
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.
Tenure in academia is a privilege. I will strive to use it well.
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
January 25, 2025 at 1:35 PM
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.
Reposted
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
November 12, 2024 at 2:21 AM
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
💥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!
Academics working on topics in financial regulation (broadly defined): we hope you'll submit your work!
January 13, 2025 at 3:08 PM
💥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!
Academics working on topics in financial regulation (broadly defined): we hope you'll submit your work!
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.
December 23, 2024 at 5:18 PM
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.
Coming soon: the first-ever single-party @SECGov?
With Gensler (D) resigning & time running out on the Senate's postponed vote to reappoint Crenshaw (D), SEC could have 3 GOP commissioners and 0 Dems on inauguration day. A unique situation - and potentially bad for capital mkts.
With Gensler (D) resigning & time running out on the Senate's postponed vote to reappoint Crenshaw (D), SEC could have 3 GOP commissioners and 0 Dems on inauguration day. A unique situation - and potentially bad for capital mkts.
Senators Delay Crenshaw Vote, Increasing Odds of All-GOP SEC (1)
Democrat Caroline Crenshaw’s nomination to serve another term as a commissioner at the Securities and Exchange Commission just hit more obstacles after a planned committee vote was postponed.
news.bloomberglaw.com
December 13, 2024 at 6:51 PM
Coming soon: the first-ever single-party @SECGov?
With Gensler (D) resigning & time running out on the Senate's postponed vote to reappoint Crenshaw (D), SEC could have 3 GOP commissioners and 0 Dems on inauguration day. A unique situation - and potentially bad for capital mkts.
With Gensler (D) resigning & time running out on the Senate's postponed vote to reappoint Crenshaw (D), SEC could have 3 GOP commissioners and 0 Dems on inauguration day. A unique situation - and potentially bad for capital mkts.
New business ethics case study on profit-motivated political advocacy, now on SSRN (papers.ssrn.com/sol3/papers....) and forthcoming from SAGE Business--
December 11, 2024 at 8:54 PM
New business ethics case study on profit-motivated political advocacy, now on SSRN (papers.ssrn.com/sol3/papers....) and forthcoming from SAGE Business--
taking my "hey FACA is a thing" takes to the @nytimes.com - www.nytimes.com/2024/11/27/u...
Musk’s Slashing of the Federal Budget Faces Big Hurdles
The so-called Department of Government Efficiency, with Elon Musk as co-leader, has advantages that past budget-cutters did not, but laws and court challenges can still make change slow and difficult.
www.nytimes.com
November 27, 2024 at 10:03 PM
taking my "hey FACA is a thing" takes to the @nytimes.com - www.nytimes.com/2024/11/27/u...
great Jot of (for? about?) a great article -
Check out my Jot of Kate Shaw’s @kateshaw.bsky.social excellent article, Partisanship Creep, which explores the (crumbling) constitutional settlement that supported the civil service and other impartiality norms in democratic governance. conlaw.jotwell.com/the-personal...
The Personal is Partisan-Political - Constitutional Law
Katherine Shaw, Partisanship Creep, 118 N.W. U. L. Rev. 1563 (2024).Blake EmersonChanges in Supreme Court precedent and presidential practice have strengthened the President’s hand while destabilizing...
conlaw.jotwell.com
November 27, 2024 at 2:01 PM
great Jot of (for? about?) a great article -
The Federal Advisory Committee Act requires groups like DOGE to be "fairly balanced in terms of the points of view represented." 🤔
Opinion | Elon Musk and Vivek Ramaswamy: The DOGE Plan to Reform Government
Following the Supreme Court’s guidance, we’ll reverse a decadeslong executive power grab.
www.wsj.com
November 27, 2024 at 1:57 PM
The Federal Advisory Committee Act requires groups like DOGE to be "fairly balanced in terms of the points of view represented." 🤔