Phone: (806) 834-3654
Admitted to practice in Minnesota.
After graduating from law school, Professor Murphy had the great good fortune to clerk for the Honorable Stephen S. Trott of the United States Court of Appeals for the Ninth Circuit. He then returned to Minneapolis, where he worked as a litigation associate at the firm of Dorsey & Whitney. In 2000, he leaped across the Mississippi River to St. Paul to begin teaching at William Mitchell College of Law. He has also taught as a visiting professor at the law schools of University of Idaho, Seton Hall, and Lewis & Clark.
He is a co-editor of an administrative law casebook and co-chair of the Judicial Review Committee of the ABA's Administrative Law and Regulatory Practice Section. He is also a former member of the section's Governing Council.
- B.A., Carleton College, 1987, magna cum laude
- J.D., University of Minnesota Law School, 1995, summa cum laude
- Administrative Law
- Civil Procedure
- Federal Courts
- Energy Law
Articles & Essays:
Constraining White House Political Control of Agency Rulemaking Through the Duty of Reasoned Explanation, 48 University of California Davis Law Review (forthcoming 2015) (with Professor Sidney Shapiro, Wake Forest).
Pragmatic Administrative Law and Tax Exceptionalism, 64 Duke Law Journal Online 21 (2014).
The Last Should Be First: Flip the Order of the Chevron Two-Step, 22 William & Mary Bill of Rights Journal 431 (2013).
Notice and an Opportunity to be Heard Before the President Kills You, 48 Wake Forest L. Rev. 829 (2013) (with Afsheen Radsan).
Enhancing the Role of Public Interest Organizations in Rulemaking Via Pre-Notice Transparency, 47 Wake Forest L. Rev. 681 (2012).
Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons, 80 Univ. of Cincinnati L. Rev. 817 (2012).
The Evolution of Law and Policy for CIA Targeted Killing, 5 Journal of National Security Law and Policy 439 (2012) (with Afsheen Radsan).
Politicized Judicial Review of Administrative Law: Three Improbable Responses, 19 George Mason L. Rev. 319 (2012). (with Sidney Shapiro).
Measure Twice, Kill Once: Higher Care of CIA Targeted Killing, 2011 University of Illinois Law Rev. 1201 (with Afsheen Radsan)
Legal Evolution for Targeted Killing By Drone, 37 WMCL Law. Rev. 5062 (2011).
Politics and Policy Change in American Administrative Law, 28 Windsor Yearbook of Access to Justice 325 (2010)
Due Process and Targeted Killing of Terrorists, 31 Cardozo L. Rev. 405 (2009) (with Afsheen John Radsan)
Eight Things Americans Can't Figure Out About Administrative Law, 61 Admin. L. Rev. 5 (special edition) (2009) (with Sidney Shapiro)
Abandoning Standing: Trading a Rule of Access for a Rule of Deference, 60 Admin. L. Rev. 943 (2008)
The Brand X Constitution, 2007 B.Y.U. L. Rev. 1247
Hunters for Administrative Common Law, 58 Admin L. Rev. 917 (2006)
NeuroCongress, 37 Seton Hall L. Rev. 221 (2006)
Judicial Review, Agency Commitment, and the Force of Law, 66 Ohio State L.J. 1013 (2005)
The Limits of Legislative Control Over the Hard Look, 56 Admin. L. Rev. 1125 (2004)
A "New" Counter-Marbury: Reconciling Skidmore Deference and Agency Interpretive Freedom, 56 Admin. L. Rev. 1 (2004)
Separation of Powers and the Horizontal Force of Precedent, 78 Notre Dame L. Rev. 1075 (2003)
Punitive Damages, Explanatory Verdicts, and the Hard Look, 76 Wash. L. Rev. 995 (2001)
Superbifurcation: Making Room for the State in the Punitive Damages Process, 76 North Carolina L. Rev. 463 (1998)
Book Review, 13 Constitutional Commentary 330 (1996) (review of Martin H. Redish, The Constitution As Political Structure (1995))
Note, Can They Do That? Due Process and Article III Problems of Proposed Findings of Criminal Contempt in Bankruptcy Court, 78 Minn. L. Rev. 1607 (1994)
Books and Book Chapters:
Michael Asimow & Richard Murphy, Administrative Law: Gilbert Law Summaries (15th ed. 2014)
Charles H. Koch, Jr., William Jordan, III, & Richard Murphy, Administrative Law: Cases and Material (LexisNexis/Matthew Bender, 6th ed. 2010, 5th ed. 2006)
Judicial Review, in Developments in Administrative Law and Regulatory Practice (2003-present; yearly book chapter) (J. Lubbers, ed.) (2014, 2013, 2012, 2011, 2010, 2008-09, 2007-08, 2006-07, with Professor Kathryn Watts; 2005-06, with Keith Rizzardi; 2004-05, with Professor Lisa Schultz Bressman and Keith Rizzardi; 2003-04)
2014 & 2013 Revisions for Charles H. Koch, Jr., Administrative Law & Practice (West 3rd ed. 2010) (4 volume treatise of administrative law)
2014 & 2013 Revisions for Wright & Koch, 32 & 33 Federal Practice & Procedure: Judicial Review of Administrative Action (West 2006)
Regulatory Pay-Go: Rationing the Public Interest, Issue Brief #1214, Center for Progressive Reform, Oct. 2012 (with Professor Sidney Shapiro and CPR Policy Analyst James Goodwin), available at http://progressivereform.org/articles/Regulatory_Pay-Go_1214.pdf
Governor Romney's Illegal Proposal for REINS-Lite—Presidents Don't Get to Use Executive Orders to Rewrite Statutes. CPRBlog (Center for Progressive Reform), Aug. 7. 2012, available at http://www.progressivereform.org/CPRBlog.cfm?idBlog=01B5C8D5-ADC0-17AB-E81B2F24F0CBD572
The First Step: Let's Kill All the Regulations. Reg Blog (University of Pennsylvania Program on Regulation), June 29, 2012, available at https://www.law.upenn.edu/blogs/regblog/2012/06/29-murphy-romney-step.html
We Found Out That Counting Lizard Poop Is Not A Good Way to Count Lizards. Now What?JOTWELL (Journal of Things We Like (Lots), (review of Adrian Vermeule, Rationally Arbitrary Decisions (in Administrative Law), available at http://adlaw.jotwell.com/we-found-out-that-counting-lizard-poop-is-not-a-good-way-to-count-lizards-now-what/