Adam J. White

Research Fellow
Biography: 

Adam White is a research fellow at the Hoover Institution, based in Washington, DC, writing on the courts and the administrative state for such publications as The Weekly StandardThe Wall Street JournalCommentaryThe Harvard Journal of Law & Public Policy, and SCOTUSblog. He is a contributing editor with National AffairsThe New Atlantis, and City Journal, and a contributor to the Yale Journal on Regulation's blog, "Notice and Comment."

Prior to joining Hoover, he was an adjunct fellow at the Manhattan Institute. 

In addition to his research and writing, he practiced law with Boyden Gray & Associates, writing briefs on constitutional and regulatory issues in the Supreme Court and various other federal courts. (He continues to be "of counsel" to the firm in three pending cases involving the Consumer Financial Protection Bureau and the Federal Communications Commission.) Previously, he was a senior associate with Baker Botts, working on various constitutional and regulatory matters, including energy infrastructure regulation.

In 2015 he was appointed to the leadership council of the American Bar Association's Section of Administrative Law and Regulatory Practice, where he co-chairs the Judicial Review committee and co-directs its Supreme Court Series. He also is a member of the executive committee of the Federalist Society's Administrative Law & Regulation Practice Group.

He received his J.D. (cum laude) from Harvard Law School, and his B.B.A. (economics) from the University of Iowa College of Business. He clerked for Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit.

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Recent Commentary

Analysis and Commentary

Republican Remedies For The Administrative State

by Adam J. Whitevia National Affairs
Tuesday, January 17, 2017

In the introductory essay for a short book published by National Affairs, Hoover Institution research fellow Adam White diagnoses the modern administrative state as “a fundamental failure of republican self-governance,” the result of decades of a decades-long trend of administrative agencies accumulating power from Congress, the White House, and the courts. And because all three branches contributed to this problem, all three must contribute to the remedy.

Analysis and Commentary

Retrospective Review, For Tomorrow’s Sake

by Adam J. Whitevia Yale Journal on Regulation
Monday, November 28, 2016

In the ABA Administrative Law Section’s Report to the President-Elect, one finds a rather familiar recommendation: that the agencies undertake “careful, in-depth retrospective review of existing rules.”

Interviews

Adam White: Alexander Hamilton On Judicial Independence

by Adam J. Whitevia YouTube
Thursday, October 20, 2016

Hoover Institution fellow Adam White  explains Federalist No. 78, Alexander Hamilton's take on the role of the Supreme Court, and what judicial independence means for America today. For more information see White's City Journal article "Judicial Independence, in Hamilton’s Time and Ours."

Analysis and Commentary

Trump Isn't The Only One Who Dreams Of Jailing Political Opponents

by Adam J. Whitevia The Weekly Standard
Monday, October 10, 2016

The sad bipartisan practice of prosecutorial revenge fantasy.

Analysis and Commentary

Notable & Quotable: Missing Clarence Thomas

by Adam J. Whitevia The Wall Street Journal
Sunday, October 9, 2016

[Subscription Required] The Smithsonian should stop treating Clarence Thomas as an invisible man. From “At New Smithsonian Museum, Justice Thomas Is an Invisible Man,” by Adam J. White, Oct. 5, in the Weekly Standard.

Analysis and Commentary

At New Smithsonian Museum, Justice Thomas Is an Invisible Man

by Adam J. Whitevia The Weekly Standard
Wednesday, October 5, 2016

When the Smithsonian opened the National Museum of African American History and Culture Museum last week, some of the day's loveliest moments involved President Obama and former President Bush, celebrating the event together with their wives and the American people. And rightly so: the museum is a wonderful achievement, and long overdue.

Featured

Ten Ways For The Next President To Promote The Rule Of Law

by Adam J. Whitevia Library of Law and Liberty
Tuesday, October 4, 2016

After eight years of President Obama’s administration, conservatives are much more likely to see executive power as a threat to the rule of law than a tool in service of it. Indeed, after 16 years of Presidents Bush and Obama, we are all well accustomed to hearing critics comparing modern presidents to King George III.

Analysis and Commentary

Why The Supreme Court Might Overrule Seminole Rock

by Adam J. Whitevia Yale Journal on Regulation
Wednesday, September 21, 2016

In 1951, when Kenneth Culp Davis published his first comprehensive study of administrative law under the newly enacted APA, he explained that the deference courts give interpretative rules necessarily depends on a range of factors, from “the relative skills of administrators and judges in handling the particular subject matter” to “the extent of judicial confidence in the particular agency,” to other “special circumstances.”

Interviews

Adam White On Reviewing Independent Agency Rulemaking

by Adam J. Whitevia Committee on Homeland Security and Governmental Affairs
Thursday, September 8, 2016

Hoover Institution fellow Adam White gives testimony about reviewing independent agency rulemaking to the Subcommittee on Regulatory Affairs and Federal Management. Here’s White's written statement: http://www.hsgac.senate.gov/download/white-statement

Featured

Judicial Independence, In Hamilton’s Time And Ours

by Adam J. Whitevia City Journal
Tuesday, August 23, 2016

Rereading Federalist 78’s famous lines and its unfamous ones.

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