Constitutional Law
Sloppiness surrounds the nondelegation doctrine
Volokh earned his BS from UCLA and his JD and PhD in economics from Harvard University. He clerked for Judge Alex Kozinski of the Ninth Circuit and for Supreme Court Justices Sandra Day O'Connor and Samuel Alito. Before coming to Emory, he was a visiting associate professor at Georgetown University Law Center and a visiting assistant professor at University of Houston Law Center.
His interests include law and economics, administrative law and the regulatory process, antitrust, privatization, corrections, and legal history.
Selected Publications
Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny, 2 Journal of Free Speech Law 627 (2023)
The Moral Neutrality of Privatization as Such, in The Cambridge Handbook of Privatization 117 (Avihay Dorfman & Alon Harel eds., 2021)
Antitrust Immunity, State Administrative Law, and the Nature of the State, 52 Arizona State Law Journal 191 (2020)
Medical Malpractice as Workers Comp: Overcoming State Constitutional Barriers to Tort Reform, 67 Emory Law Journal 975 (2018)
Judicial Non-Delegation, the Inherent-Powers Corollary, and Federal Common Law, 66 Emory Law Journal 1391 (2017)
The Shadow Debate over Private Nondelegation in DOT v. Association of American Railroads, 2014–2015 Supreme Court Review 359 (Cato Institute)
Privatization and Competition Policy, in Competition and the State (Thomas K. Cheng, Ioannis Lianos & D. Daniel Sokol eds., 2014)
The New Private-Regulation Skepticism: Due Process, Non-Delegation, and Antitrust Challenges, 37 Harvard Journal of Law and Public Policy 931 (2014)
Prison Accountability and Performance Measures, 63 Emory Law Journal 339 (2014)
Privatization and the Elusive Employee-Contractor Distinction, 46 UC Davis Law Review 133 (2012)