Richard Murphy

AT&T Professor of Law, 2009

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. Since 2009, he has been honored to serve as the AT&T Professor of Law at Texas Tech University, where he has taught Administrative Law, Civil Procedure, Property, Antitrust, and Telecommunications Law.

Professor Murphy's primary area of study is Administrative Law. He is a co-author of Volumes 32 & 33 of Federal Practice & Procedure, Judicial Review of Administrative Action. He is a co-editor of an administrative law casebook and has authored numerous law review articles on topics such as judicial deference, access to the courts, and separation of powers.

Education

B.A., Carleton College, 1987, magna cum laude
J.D., University of Minnesota Law School, 1995, summa cum laude

Courses

Administrative Law
Antitrust
Civil Procedure
Federal Courts
Telecommunications
Property

Publications

Articles & Essays

Democracy, Chevron Deference, and Major Questions Anti-Deference, 53 Ga. L. Rev. (forthcoming).

A Zone for Nonstatutory Review of Constitutional Claims, 84 Ohio State L.J. 303 (2023), https://moritzlaw.osu.edu/sites/default/files/2023-06/12.%20Murphy_v84-2_303-359%202023-06-02%2018_51_19.pdf.

The DIY Unitary Executive, 63 Arizona Law Review 439 (2021), https://arizonalaw.org/the-diy-unitary-exeuctive.

Due Process and Judicial Review of Government Kill Lists, 67 Loyola Law Review 473 (2021).

UnFoxing Judicial Review of Agency Action or “We Were Told To Want It” Is Not a Good Reason, 54 University of Richmond Law Review (2020).

Abandon Chevron and Modernize Stare Decisis for the Administrative State, 69 Alabama L. Rev. 1 (2017).

Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the “Hard Look,” 92 Notre Dame L. Rev. 331 (2016) (with Professor Sidney Shapiro, Wake Forest).

Constraining White House Political Control of Agency Rulemaking Through the Duty of Reasoned Explanation, 48 University of California Davis Law Review 1457 (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

Judicial Review of Administrative Action, 32 Federal Practice and Procedure (West, 2d ed. 2022) (with Wright and Koch).

Judicial Review of Administrative Action, 33 Federal Practice and Procedure (West, 2d ed. 2018) (with Wright & Koch).

Judicial Review of Agency Action in the United States, in Handbook of Regulatory Authorities (Elgar Publishing, 2022; Maggett, Di Mascio, and Natalini, eds.)

Informalizing Informal Rulemaking, in Comparative Perspectives on Administrative Procedure (Carolina Academic Press, 2017; Weaver, Hofmann, Huang & Friedland, eds.)

Administrative Law: Cases and Materials (Carolina Academic Press, 8th ed. 2020; LexisNexis, 7th ed. 2015; 6th ed. 2010; 5th ed. 2006) (co-authored with Charles H. Koch, Jr., William Jordan, III, & Louis Virelli, III)

A Guide to Judicial and Political Review of Federal Agencies (ABA, 2d ed. 2015; Michael Herz, Richard Murphy & Kathryn Watts, eds.)

The Applicability of the Chevron Doctrine—“Chevron Step Zero,” in A Guide to Judicial and Political Review of Federal Agencies (ABA, 2d ed. 2015) (co-authored with Steven Croley)

Michael Asimow & Richard Murphy, Administrative Law: Gilbert Law Summaries (16^th ed. 2023; 15th ed. 2014)

Judicial Review, in Developments in Administrative Law and Regulatory Practice (2003-present; yearly book chapter) (J. Lubbers, ed.) (2015-18, with Professor Linda Jellum; 2006-14, with Professor Kathryn Watts; 2005-06, with Keith Rizzardi; 2004-05, with Professor Lisa Schultz Bressman and Keith Rizzardi)

Other Writings

2013-2023 Annual Revisions for Charles H. Koch, Jr., Administrative Law & Practice (West 3rd ed. 2010) (4 volume treatise of administrative law)

2013-2023 Annual Revisions for Wright & Koch, 32 & 33 Federal Practice & Procedure: Judicial Review of Administrative Action (West 2006)

Quarterly publications since Fall 2020, Supreme Court News (co-authored with Professor Louis Virelli), Administrative and Regulatory Law News (ABA) since Fall 2020. (ABA)

Four Opinions on Access to the Courts from the Supreme Court's 2019 Term, 46 Administrative and Regulatory Law News (ABA) 22 (Winter 2021)

Blog Posts

Posts for JOTWELL (Journal of Things We Like (Lots)), available at jotwell.com:

March 23, 2023, Armageddon, but with OIRA Instead of Bruce Willis (discussing Michael A. Livermore, Catastrophic Risk Review (Sept. 1, 2022); SSRN: https://ssrn.com/abstract=4217680).

June 16, 2022, Whence Ex parte Young? (discussing James E. Pfander & Jacob P. Wentzel, The Common Law Origins of Ex parte Young, 72 Stan. L. Rev. 1269 (2020)).

Dec. 15, 2020, The Nondelegation Doctrine and a Deep Dive into Federal Taxation of Real Estate in 1798 that You Didn't Even Know You Needed (a review of Parillo, A Critical Assessment of the Originalist Case against Administrative Regulatory Power, 131 Yale L.J. (2021))

April 30, 2019, Data Processing Detective Story (discussing Caleb Nelson, “Standing” and Remedial Rights in Administrative Law, 105 Va. L. Rev. 703 (2019)).

March 13, 2018: Just How Big an Envelope Will You Be Needing for that Benefit-Cost Analysis? (discussing Christopher Carrigan & Stuart Shapiro, What's Wrong with the Back of the Envelope? A Call for Simple (and Timely) Benefit-Cost Analysis, 11 Regulation & Governance (2017))

April 17, 2017: Reviving and Refining a Pragmatic Approach to Finality (discussing William Funk, Final Agency Action after Hawkes, 11 N.Y.U. J.L. & Liberty 285 (2017))

March 31, 2016: Counting Out Auer Deference (discussing Cynthia Barmore, Auer in Action: Deference After Talk America, 76 Ohio St. L.J. 813 (2015))

Jan. 6, 2015: We Found Out That Counting Lizard Poop Is Not A Good Way To Count Lizards: Now What? (discussing Adrian Vermeule, Rationally Arbitrary Decisions in Administrative Law, 44 J. Legal Stud. S475 (2015))

Jan. 15, 2014: What Does It Feel Like to Have OIRA Review Your Rule? (discussing Lisa Heinzerling, Inside EPA: A Former Insider's Reflections on the Relationship Between the Obama EPA and the Obama White House, 31 Pace Envtl. L. Rev. 325 (2014))

Dec. 17, 2012: An Evolving Administrative Law of Targeted Warfare (and the Power of Londoner/BiMetallic) (discussing Pildes & Issacharoff, Targeted Warfare: Individuating Enemy Responsibility, 88 NYU L. Rev. 1521 (2013)

School of Law

Address

Texas Tech University School of Law, 3311 18th Street, Lubbock, Texas 79409-0004
Phone
806.742.3791
Email
law@ttu.edu

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