Kevin M. Stack

Professor of Law

Kevin Stack writes on administrative law, regulation, separation of powers, presidential powers, European Union administrative law, and the theoretical foundations of public law. His recent work has examined the interpretation of regulations, statutory interpretation, the constitutional foundations of agency independence, and theories of regulation. He was recognized with the ABA's 2013 Annual Scholarship Award for the best published work in administrative law for his Michigan Law Review article, "Interpreting Regulations." That article prompted a study, which he authored, for the Administrative Conference of the United States resulting in a set of recommendations adopted by the Conference on how federal agencies should draft their regulations. He is also co-author (with Lisa Bressman and Ed Rubin) of The Regulatory State (Aspen Publishers, second edition 2013), a casebook on statutes and administrative lawmaking. Professor Stack is a member of the Council of the Administrative and Regulatory Practice Section of the American Bar Association. He joined Vanderbilt's law faculty in 2007 and served as associate dean for research from 2008 to 2010 and again 2012 to 2015. Professor Stack came to Vanderbilt from the faculty of the Benjamin N. Cardozo School of Law of Yeshiva University, which he joined in 2002 after practicing as an associate at Jenner & Block in Washington, D.C. Prior to practice, he served as a law clerk for Judge Kimba M. Wood of the U.S. District Court for the Southern District of New York and for Judge A. Wallace Tashima of the U.S. Court of Appeals for the Ninth Circuit. Before earning his J.D., he spent two years studying philosophy at Oxford University supported by a Fulbright Scholarship. He is a member of the District of Columbia and Maryland Bars. Professor Stack teaches Administrative Law, the Regulatory State, Legislation, the Nonmarket Environment of Business, Presidential Power, Civil Procedure, and European Union Law.

"How to Interpret a Regulation: First Principles," RegBlog, February 11, 2013


Research Interests

Administrative law, presidential power, statutory interpretation, separation of powers, European Union law

Representative Publications

  • "Interpreting Regulations," 111 Michigan Law Review 355 (2012)
    Full Text | SSRN | HEIN | WWW
  • “Agency Independence After PCABO,” 32 Cardozo Law Review 2391 (2011)
    Full Text | HEIN | WWW
  • "The One Percent Problem," 111 Columbia Law Review 1385 (2011) (with Michael P. Vandenbergh)
    Full Text | SSRN | HEIN | WWW
  • "Obama’s Equivocal Defense of Agency Independence," 26 Constitutional Commentary 583 (2010)
    Full Text | HEIN | PDF
  • The Regulatory State (Aspen Publishers, Second Edition, 2013) (with Lisa Schultz Bressman and Edward L. Rubin)
  • "Agency Statutory Interpretation and Policymaking Form," 2009 Michigan State Law Review 225 (2009)
    Full Text | HEIN | WWW
  • "The Statutory Fiction of Judicial Review of Administrative Action in the United States," in Effective Judicial Review, Oxford University Press (Christopher Forsyth, et al., eds., 2010)
  • "The Reviewability of the President’s Statutory Powers," 62 Vanderbilt Law Review 1171 (2009)
    Full Text | SSRN | HEIN | WWW
  • "The Story of Morrison v. Olson: The Independent Counsel and Independent Agencies in Watergate's Wake," in Presidential Power Stories (2008) (Curtis Bradley & Christopher Schroeder eds.)
    Full Text | SSRN
  • "The Constitutional Foundation of Chenery," 116 Yale Law Journal 952 (2007)
    Full Text | SSRN | HEIN | WWW

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Contact Information

(615) 343-9220 (voice)
(615) 322-6631 (fax)
Room 250 (office)

Curriculum Vitae



J.D. Yale University
M. Litt. Oxford University
B.A. Brown University