Kent Barnett

Associate Professor of Law

B.A., Centre College
J.D., University of Kentucky

Courses: 

Administrative Law
Contracts and Sales
Consumer Law

Biographical Information: 

Kent Barnett, who specializes in administrative law, contracts and consumer law, joined the University of Georgia School of Law faculty in 2012.

Barnett’s research focuses on the separation of powers in the federal administrative state, administrative adjudication, and judicial review of agency action. His scholarship has been published or is forthcoming in, among other places, the New York University Law Review, the Michigan Law Review, the Vanderbilt Law Review, the Notre Dame Law Review, the Indiana Law Journal, the UC Davis Law Review and the North Carolina Law Review.

His scholarship has been cited by leading administrative law casebooks and by federal district and appellate courts. His work has been selected for presentation at, among other places, the Yale-Stanford-Harvard Junior Faculty Forum, the Southeastern Association of Law Schools Annual Conference as one of the winners of a call for papers from law faculty, and the Association of American Law Schools Annual Meetings. Barnett is currently serving as the reporter for the Administrative Conference of the United States’ (ACUS) Model Adjudication Rules Working Group. ACUS is an independent federal agency charged with providing research and recommendations to improve the federal bureaucracy.

Before coming to UGA, he served as the Inaugural Visiting Assistant Professor at the University of Kentucky College of Law. He also served as a judicial clerk for Judge John Rogers of the U.S. Court of Appeals for the 6th Circuit and practiced in the complex-commercial-litigation and appellate groups at Weil, Gotshal & Manges.

He earned his undergraduate degree summa cum laude from Centre College, where he was elected to Phi Beta Kappa, was selected as a John C. Young Scholar and received The Art Prize, The E. Wilbur Cook Music Prize and The Franklin-Bennett Music Prize. He received his law degree summa cum laude from the University of Kentucky College of Law, where he was inducted into the Order of the Coif. At the University of Kentucky, he was articles editor of the Kentucky Law Journal and received, among other awards, the Colvin P. Rouse Award for best overall legal scholarship and the Kentucky Commercial Law Foundation Award for best commercial-law scholarship.

Publications & Activities

ARTICLES

Chevron Step Two's Domain, 93 Notre Dame L. Rev. __ (forthcoming 2018) (with Prof. Christopher Walker, The Ohio State University, Michael E. Mortiz College of Law) (invited symposium essay).

Chevron in the Circuit Courts, 115 Mich. L. Rev. 1 (2017) (with C. Walker).

Chevron in the Circuit Courts: The Codebook Appendix, Mich. L. Rev. Online, Oct. 2017 (with C. Walker)

Short-Circuiting the New Major Questions Doctrine, 70 Vand. L. Rev. En Banc 147 (2017) (with C. Walker) (invited response to Michael Coenen & Seth Davis, Minor Courts, Major Questions, 70 Vand. L. Rev. 777 (2017))

Why Bias Challenges to Administrative Adjudication Should Succeed, 81 Mo. L. Rev. 1023 (2017) (invited symposium essay).

How the Supreme Court Derailed Formal Rulemaking, 85 Geo. Wash. L. Rev. Arguendo 1 (2017).

Standing for (and up to) the Separation of Powers, 91 Ind. L.J. 665 (2016).

Against Administrative Judges49 UC Davis L. Rev. 1643 (2016).

Codifying Chevmore, 90 N.Y.U. L. Rev. 1 (2015).

Improving Agencies’ Preemption Expertise with Chevmore Codification, 83 Fordham L. Rev. 587 (2014) (invited symposium essay).

To the Victor Goes the Toil—Remedies for Regulated Parties in Separation-of-Powers Litigation, 92 N.C. L. Rev. 481 (2014).

Resolving the ALJ Quandary, 66 Vand. L. Rev. 797 (2013).

Avoiding Independent Agency Armageddon, 87 Notre Dame L. Rev. 1349 (2012).

The Consumer Financial Protection Bureau’s Appointment with Trouble, 60 Am. U. L. Rev. 1459 (2011) (symposium essay).

Putting the Cart Before the Horse: Should a Court Certify a Class of Residential Consumers Seeking a Declaration that the Consumers—if They Later Choose—Are Entitled to Rescind for a TILA Violation?, 125 Banking L.J. 160 (2008) (with Angela C. Zambrano).

Lending a Helping Hand?—A Guide to Kentucky’s New Predatory Lending Law, 93 Ky. L.J. 473 (2005).

SELECTED PRESENTATIONS

Symposium, Notre Dame Law Review, Administrative Lawmaking in the 21st Century, Notre Dame Law School, South Bend, Ind., Nov. 2017.

ABA Administrative Law Conference, Administrative Adjudication Outside of the Administrative Procedure Act, Washington, D.C., Oct. 2017.

ABA Administrative Law Conference, Are Administrative Law Judges Inferior Officers or Mere Employees?, Washington, D.C., Oct. 2017.

AALS Annual Meeting, Administrative Law's New Scholarly Trends, San Francisco, Cal., Jan. 2017.

ABA Administrative Law Conference, The Past and Future of Judicial Deference: a Scholarly Examination, Washington, D.C., Dec. 2016.

ABA Administrative Law Conference, Rethinking Administrative Adjudication, Washington, D.C., Dec. 2016.

Symposium, Missouri Law Review, A Future Without the Administrative State?, University of Missouri School of Law, Columbia, Mo., Mar. 2016.

ABA Administrative Law Section Annual Meeting, SEC v. Hill: The Future of ALJs, Washington D.C., Oct. 2015.

Federal Administrative Law Judge Conference Annual Meeting, The Constitutionality of Administrative Law Judges after Free Enterprise Fund, Charleston, S.C., Sept. 2015.

SEALS Annual Meeting, Codifying Chevmore, Winner of Call for Papers Competition (one of four), Amelia Island, Fla., Aug. 2014.

Symposium, Fordham Law Review, Chevron at 30: Looking Back and Looking Forward, Fordham University School of Law, New York, NY, Mar. 2014.

AALS Annual Meeting, New Voices in Public Remedies, New York, NY, Jan. 2014.

SEALS Annual Meeting, Administrative Procedure:  Enemy of the State?, Palm Beach, Fla., Aug. 2013.

Junior Faculty Federal Courts Workshop, Structural Improvements to Formal Executive Adjudication, William and Mary College of Law, Williamsburg, Va., Oct. 2012.

Yale-Stanford-Harvard Junior Faculty Forum, Formal Administrative Adjudication’s Separation-of-Powers Quandary, Harvard Law School, Cambridge, Mass., June 2012.

Symposium, American University Law Review, Is Financial Reform Too Big to Fail?, Am. U. Washington College of Law, Washington, D.C., Mar. 2011.