May 16, 2022

American Constitution Society Announces Winners of 2022 Richard D. Cudahy Writing Competition


Contact: Pablo Willis, pwillis@acslaw.org

Washington, DC — The American Constitution Society (ACS) is pleased to announce the lawyer and student winners of the 2022 Richard D. Cudahy Writing Competition on Regulatory and Administrative Law.

This year's lawyer winner is Eloise Pasachoff, Professor of Law & Anne Fleming Research Professor at Georgetown University Law Center. The student winner is Jamey Anderson, a student at University of Wisconsin Law School.

“I am honored to announce the winners of this year's Cudahy Writing Competition,” said ACS President Russ Feingold. “As the nation’s leading progressive legal organization, ACS is committed to fostering and promoting insightful legal scholarship. Both our student and lawyer recipients penned astute pieces exploring prescient topics in administrative law that provide unique perspectives.”

The Richard D. Cudahy Writing Competition on Regulatory and Administrative Law honors Judge Cudahy’s distinguished contributions to the fields of regulatory and administrative law. He combined a keen grasp of legal doctrine, deep insight into the institutional forces that determine how doctrine is implemented, and an appreciation of the public impact of doctrinal and institutional choices, including the consequences for fundamental values such as fairness, participation, and transparency. The award seeks to encourage and reward these qualities in the scholarship of others.

Pasachoff was recognized for her article, Executive Branch Control of Federal Grants: Policy, Pork, and Punishment, which reveals the dangerous opportunities that exist for a boundary-pushing president to use grant-making powers to reward allies and punish political foes and suggests reforms  to fix this potential threat.

Jamey Anderson’s winning paper, The Nondelegation Schism: Originalism Versus Conservatism, exposes the “fundamental incompatibility” of Justice Kavanaugh “functionalist attack on the administrative state” and Justice Gorsuch’s “originalist approach to nondelegation,” and argues that the resolution of this split may signal how the conservative majority of the Supreme Court will approach future clashes between originalism and conservatism.

Each of the winners will receive a cash prize of $1,500. They also will receive special recognition at the 2022 ACS National Convention, June 16-18.

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AMERICAN CONSTITUTION SOCIETY

ACS believes that the Constitution is “of the people, by the people, and for the people.” We interpret the Constitution based on its text and against the backdrop of history and lived experience. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, and many others, we work to uphold the Constitution in the 21st Century by ensuring that law is a force for protecting our democracy and the public interest and for improving people’s lives. For more information, visit us at www.acslaw.org or on Twitter @acslaw.