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Daniel E. Walters

Regulation Fellow

Daniel Walters

Daniel E. Walters is a Regulation Fellow in the Penn Program on Regulation at the University of Pennsylvania Law School. He rejoins the program after having clerked for the Honorable M. Margaret McKeown on the U.S. Continue reading…


  • Administrative Law
  • Government Regulation
  • Environmental Law

Articles and Book Chapters

The Self-Delegation False Alarm: Analyzing Auer Deference's Effect on Agency Rules, 119 COLUM. L. REV. 85 (2019).

Capturing the Regulatory Agenda: An Empirical Study of Agency Responsiveness to Rulemaking Petitions, 43 HARV. ENVT’L L. REV. (forthcoming, 2019)

Planning for Excellence: Insights from an International Review of Regulators' Strategic Plans, 36 PACE ENVT'L L. REV. (forthcoming, 2018).

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. 864 (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 C. Black, Ryan J. Owens, & Jennifer Brookhart).

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

Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, 28 J. L. & POL. 129 (2013).

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

Scientific Expertise and the Balance of Political Interests: MEDCAC and Medicare Coverage Decisions, 22 J. PUB. ADMIN. RES. & THEORY 55 (2012) (with Stéphane Lavertu & David L. Weimer).

More publications can be found here.

Working Papers

Filling in the Details: Examining Agency Choice of Guidance over Legislative Rules (forthcoming)

A Distributional Portrait of Regulatory Costs: Valuing Regulation through a Stock Market Event Study of the Clean Power Plan Stay (forthcoming)

Public Engagement and Transparency in Regulation: A Field Guide to Regulatory Excellence (June 2015), Research Paper Prepared for the Penn Program on Regulation’s Best-in-Class Regulator Initiative (with Jennifer Nash). (forthcoming)
[View Document]

The Responsive Bureaucracy: Assessing the Links between Rulemaking Agendas and Presidential Control (forthcoming)

Asymmetrical Judicial Abdication: Squaring the Law of Agency Non-Action with a Changing Administrative Law (forthcoming)

The Ubiquity of Unrules (forthcoming)

Research Areas

  • Administrative Law
  • Environmental Law
  • Energy Law
  • Constitutional Law
  • Legislation
  • Food & Agriculture Law


  • Food Systems, Sustainability, & the Law (Fall 2018)
  • Regulatory Policy Seminar (Fall 2016)

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