University of Pennsylvania Carey Law School on Jan. 10, 2023.
Credit: Abhiram JuvvadiUniversity of Pennsylvania Carey Law School professor Cary Coglianese has published one of the first print law journal articles reviewing "Loper Bright Enterprises v. Raimondo" and discussing the future of administrative law practices.
The article — titled “The Great Unsettling: Administrative Governance After Loper Bright” — explores the impacts of the U.S. Supreme Court’s 35-page opinion in Loper Bright Enterprises v. Raimondo. A defining moment in the field of administrative law, the 2024 case overturned the Chevron doctrine, which required courts to defer to a federal agency when interpreting an ambiguous statute.
Coglianese, along with Texas A&M University School of Law professor Daniel Walters, notes the difficulty of determining the scope of the case’s influence in the article’s abstract.
“Both as a legal text and as an intervention into the complex web of institutional politics that constitute administrative governance, Loper Bright contains ambiguities that significantly cloud the picture of the future,” Coglianese and Walters wrote.
The two emphasize that while “early expert commentaries suggest major changes to the future of administrative governance,” the true impact of the case is uncertain. They also encourage legal scholars to closely observe specific repercussions of the case.
“Rather than make any definitive predictions about Loper Bright’s unsettling consequences, lawyers and scholars alike would do well to be attentive to the multiple ways that Loper Bright may (or may not) shape the future of administrative governance,” they added.
The authors described “learning to embrace the uncertainty” of the legal field as a key component of achieving success in the field of law.
The article led the issue of the Administrative Law Review, which focuses on the branch of law that covers the operations and powers of government agencies.
With over 300 published articles, Coglianese was among one of seven University of Pennsylvania Carey Law School faculty members ranked in a list of the top 100 legal scholars of 2024. He has also served as a co-chair on multiple committees within the American Bar Association’s Section on Administrative Law.
Coglianese is the founding and acting director of the Penn Program on Regulation, a group of 60 faculty members and researchers from a range of departments with the goal of making the disciplines of teaching, research, and outreach more interconnected.
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