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Publications by Kenneth A. Bamberger

PUBLISHED AND FORTHCOMING ARTICLES

Technologies of Compliance: Risk and Regulation in a Digital Age, 88 TEXAS LAW REVIEW (forthcoming 2010)

Importers as Regulators: Product Safety in a Globalized World, in IMPORT SAFETY: REGULATORY GOVERNANCE IN THE GLOBAL ECONOMY (Coglianese et al, eds.) (forthcoming 2010) (with A. Guzman) - PDF Version (108 Kb)

Chevron's Two Steps, 95 VIRGINIA LAW REVIEW 611 (2009) (with Peter L. Strauss)

Normative Canons in the Review of Administrative Policymaking, 118 YALE LAW JOURNAL 64 (2008)

Keeping Imports Safe: A Proposal for Discriminatory Regulation of International Trade, 96 CALIFORNIA LAW REVIEW 1405 (2008) (with Andrew Guzman)

Privacy Decisionmaking in Administrative Agencies, 75 UNIVERSITY OF CHICAGO LAW REVIEW 75 (2008) (with Deirdre Mulligan)

Global Terror, Private Infrastructure, and Domestic Governance, in 2 THE IMPACT OF GLOBALIZATION ON THE UNITED STATES: LAW AND GOVERNANCE (Beverly Crawford, et al., eds.) (2008)

Regulation as Delegation: Private Firms, Decisionmaking, and Accountability in the Administrative State, 56 DUKE LAW JOURNAL 377 (2006)

At the Intersection of Regulation and Bankruptcy: The Implications of Nextwave, 59 BUSINESS LAWYER 1 (2003)

Provisional Precedent: Protecting Flexibility in Administrative Policymaking, 77 N.Y.U. LAW REVIEW 1272 (2002)

Deference to Legislative Fact Determinations in First Amendment Cases After Turner Broadcasting, 111 HARVARD LAW REVIEW 2312 (1998) - PDF Version (1.22 Mb)

SHORT PIECES

"A Plan to Make Imports Safe", San Francisco Chronicle, Feb. 25, 2009, at A11 (with Andrew Guzman)

"How We Can Protect Ourselves From Unsafe Foreign Goods", San Jose Mercury News, Jan. 27, 2009, at A9, (with Andrew Guzman) - PDF Version (267 Kb)

"Charles Hamilton Houston and the Nobler Tradition of the Harvard Law Review", Harvard Law Bulletin, Summer (1998)

WORKS IN PROGRESS

Catalyzing Privacy: Corporate Privacy Practices Under Fragmented Law (with Deirdre Mulligan)

Decisionmaking and Classified Information: An Experimental Study (with Dan Farber and Christina Stevens)