Prof, @Wharton Legal Studies. Scholar of how state power is apportioned & exercised.
Philadelphia, PA
Joined July 2016
- Tweets316
- Following729
- Followers1K
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Brian D. Feinstein retweeted
Blown away by @lsolum's very kind words about (and engagement with) Lawyer's Meaning is Lawful Meaning: "Highly Recommended! This is a marvelous paper .... On this and much else, Neibart’s article—developed with rigor and care—deserves the attention of everyone who works on statutory interpretation."
Check it out here: papers.ssrn.com/sol3/papers.…
Elias Neibart on Lawyer’s Meaning is Lawful Meaning: legaltheoryblog.com/?p=11300…
Brian D. Feinstein retweeted
Over @YaleJREG, @danieltdeacon highlights a terrific new paper, Faithful Agencies, by @BrianDFeinstein @JodyFreemanHLS Sharon Jacobs: yalejreg.com/nc/ad-law-readi…
Brian D. Feinstein retweeted
Brian D. Feinstein, Jody Freeman & Sharon Jacobs on Faithful Agencies: legaltheoryblog.com/?p=11309…
Brian D. Feinstein retweeted
If Washington wants to subsidize $45 million companies, it should say so, rather than dressing them in Main Street’s clothes, writes @BrianDFeinstein
on.wsj.com/4y5f0kh
Brian D. Feinstein retweeted
Penn, let's do this.
NEW: Harvard faculty voted to impose a roughly 20 percent cap on A grades beginning fall 2027, approving the College’s most aggressive attempt to reverse grade inflation and reshape academic standards.
@abbysgerstein and @amannmahajan report.
thecrimson.com/article/2026/…
Brian D. Feinstein retweeted
Wharton is hosting its annual financial regulation conference and unsurprisingly there’s a lot of stuff at the edge of banking. Private credit, systemic risk transfers, fintechs, ‘40 Act companies. It’s a nonbank world out there these days.
Brian D. Feinstein retweeted
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses. Legal Theory Blog is at legaltheoryblog.com. The Legal Theory Lexicon is at legaltheorylexicon.com. Thanks in advance for you help.
Brian D. Feinstein retweeted
This article discusses how #federallaw systematically privileges #smallbusinesses & argues that this regime of favoritism creates significant costs, while its supposed benefits are debatable.
Read: spkl.io/6019APwld
Subscribe: spkl.io/6014APwli
#LawTwitter
ALT This image shows a figure titled New Small Business-Favoring Provisions Per Year.
Brian D. Feinstein retweeted
My Wharton colleague @BrianDFeinstein has posted a impt paper on federal legal and administrative bias favoring small firms -- a foundation of democracy? A costly subsidy? Or a certain killer of the view that large firms have unwarranted political power? papers.ssrn.com/sol3/papers.…
Brian D. Feinstein retweeted
The 2025 Political Economy & Public Law conference covered #research on an array of topics- from disclosure rules to Congressional oversight committees to small business-favoring provisions to executive orders. Thank you to all who made this event such a success!
Brian D. Feinstein retweeted
Great @IReadJotwell by my @OSU_Law colleague Margaret Kwoka on @BrianDFeinstein's new article Identity-Conscious Administrative Law (@GWLawReview forthcoming) 👇
Margaret Kwoka, Elevating Marginalized Voices in Agency Decisionmaking adlaw.jotwell.com/elevating-… reviewing Brian D. Feinstein, Identity-Conscious Administrative Law: Lessons from Financial Regulators, __ George Washington L. Rev. __ (forthcoming), available at SSRN.
We find that internally divided agencies show greater caution, eg spending more time soliciting outside views to “check the work” of civil servants. That counsels in favor of bolstering conventional notice & comment r’making to help agencies function in these unconventional times
Fall '21 schedule:
9/24: @LeclercqDesiree
10/8: @nicholas_bagley & @jdmortenson
10/22: @DanielEWalters_
11/5: @ShareceThrower
11/19: Ming Hsu Chen
12/3: Pamela Clouser McCann & Jennifer Selin
12/17: @anyabernstein & @cmrodriguez95
*all sessions 1-2 p.m. ET*
Brian D. Feinstein retweeted
This Labor Day, focusing on strengthening worker power. Honored my article, Rethinking Breakups, is coming out w/@DukeLawJournal, exploring how firm breakups can and have impacted workers' countervailing power vs. employers (see Bell breakup) & proposing labor antitrust fixes.1/2
Brian D. Feinstein retweeted
I’m honored that my article, Beyond the Hype: A Practical Approach to CryptoReg, will be published in @vjolt_uva. The Article offers changes that would limit regulatory uncertainty, fill regulatory gaps & update tax policy so that crypto can be more than a speculative investment.
Brian D. Feinstein retweeted
I thought markets always react to news too. So @BrianDFeinstein and I tested it, with years of granular data on BTC & ETH trades around the world. Under every model, no significant impact of regulatory announcements on volume; virtually none on price. papers.ssrn.com/sol3/papers.…
Brian D. Feinstein retweeted
You're going to want to clear your Monday calendar for @CULawReview's symposium honoring Art Wilmarth's career & book, "Taming the Megabanks."
Terrific line-up including Sherrod Brown, Paul Tucker, Tom Hoenig, Mark Van Der Weide & many Twitter regulars.
lawreview.colorado.edu/event…
Brian D. Feinstein retweeted
Research conducted by @BrianDFeinstein and @WarrenCntrPenn affiliate @kwerb finds that fears that regulation would drive down prices or drive trading activity offshore are largely unfounded.
Read more: knowledge.wharton.upenn.edu/…
#cryptocurrencies @Wharton @whartonknows
Brian D. Feinstein retweeted
Today, we're excited to announce our 1st @SSRN LSN eJournal highlighting a few articles from our series, which features new scholarship on administrative law & the administrative state from a variety of viewpoints. Subscribe to & view our series here: bit.ly/3vsRTz1
