Kevin M. Stack

Professor of Law
Voice: 615-343-9220
Fax: 615-322-6631
Email: kevin.stack@vanderbilt.edu
Office: Room 250
View curriculum vitae (.pdf)
Links
- SSRN Page
- Program in Law and Government
- Cecil D. Branstetter Civil Litigation & Dispute Resolution Program
Area(s) of Expertise
Administrative law, regulation, presidential power, statutory interpretation, civil procedure
Research Interest(s)
Administrative law, presidential power, statutory interpretation, separation of powers, and theoretical foundations of public law
Education
J.D. Yale University
M. Litt. Oxford University
B.A. Brown University
Biography
Kevin Stack writes on administrative law, regulation, separation of powers, and presidential powers. His recent work has focused on judicial review of agency action, the President’s powers, and regulation. He is also co-author (with Lisa Bressman and Ed Rubin) of The Regulatory State (Aspen Publishers, 2010), a new casebook on statutes and regulations. Professor Stack currently serves as a co-chair of the Separation of Powers Committee for the Administrative and Regulatory Practice Section of the ABA. He joined Vanderbilt's law faculty in 2007 and served as Associate Dean for Research from July 2008 to July 2010. 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 the Honorable Kimba M. Wood of the United States District Court for the Southern District of New York, and the Honorable A. Wallace Tashima of the United States Court of Appeals for the Ninth Circuit. At Yale Law School, he was a senior editor of the Yale Law Journal, an articles editor of the Yale Journal of Law & the Humanities, and received the Felix S. Cohen Prize for the best essay by a student or fellow on a subject relating to legal philosophy. 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, Presidential Power, Civil Procedure, and European Union Law.
Representative Publications
Books
The Regulatory State (Aspen Publishers, 2010) (with Lisa Schultz Bressman and Edward L. Rubin)
Articles
"The One Percent Problem," 111 Columbia Law Review (forthcoming 2011) (with Michael P. Vandenbergh)
"Obama’s Equivocal Defense of Agency Independence," 26 Constitutional Commentary 583 (2010)
"Agency Statutory Interpretation and Policymaking Form," 2009 Michigan State Law Review 225 (2009)
"The Reviewability of the President’s Statutory Powers," 62 Vanderbilt Law Review 1171 (2009)
"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 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.)
"The Constitutional Foundation of Chenery," 116 Yale Law Journal 952 (2007)
"The President’s Statutory Powers to Administer the Laws," 106 Columbia Law Review 263 (2006). Abbreviated excerpt published in 31 Administrative & Regulatory News 9, Issue No. 3 (2006)
"The Statutory President," 90 Iowa Law Review 539 (2005)
Presentations
"Interpreting Regulations," Faculty Workshop, Arizona State University College of Law, Tempe, Arizona (October 17, 2011)
"The Concept of Law in the Age of Administration," MPSA, Chicago (April 2010)
"The Concept of Law in the Age of Administration," Faculty Workshop, Queen’s University Faculty of Law, Kingston, Ontario, Canada (October 26, 2009)
"Review of the President’s Statutory Powers," Faculty Workshop, McGeorge School of Law, Sacramento, CA (February 22, 2009)
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