Ilan Wurman

Ilan Wurman is an associate professor at the Sandra Day O'Connor College of Law at Arizona State University, where he teaches administrative law and constitutional law. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals. He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His third book, The Constitution of 1789: An Introduction, is also forthcoming with Cambridge University Press.

Selected Publications

Casebooks

Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2021)

Books

The Constitution of 1789: An Introduction (Cambridge University Press forthcoming)

The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020)

A Debt Against the Living: An Introduction to Originalism (Cambridge 2017)

Law Review Articles

The Opinions Clause (working paper)

Importance and Interpretive Questions, 110 Virginia Law Review __ (forthcoming 2024)

Reversing Incorporation, 99 Notre Dame Law Review 265 (2023)

Alexander Hamilton on Executive Authority, __ American Journal of Legal History __ (forthcoming) (peer reviewed)

Nonexclusive Functions and Separation of Powers Law, 107 Minnesota Law Review 735 (2022)

Reconstructing Reconstruction-Era Rights, 109 Virginia Law Review 885 (2023)

Constitutional Laboratories: Some Reflections on COVID-19 Litigation in Arizona, __ N.Y.U. J. L. & Liberty __ (forthcoming) (invited contribution)

Subsidiarity and Fundamental Rights Protection in the United States, Central European Journal of Comparative Law, Vol. III, No. 1, at pp. 241-57 (2022)

Nondelegation at the Founding, 130 Yale Law Journal 1490 (2021)

In Search of Prerogative, 70 Duke Law Journal 93 (2020)

The Removal Power: A Critical Guide, 2020 Cato Supreme Court Review 157

The Origins of Substantive Due Process, 87 University of Chicago Law Review 815 (2020)

The Specification Power, 168 University of Pennsylvania Law Review 689 (2020)

As-Applied Nondelegation, 96 Texas Law Review 975 (2018)

Constitutional Administration, 69 Stanford Law Review 359 (2017)

The Original Understanding of Constitutional Legitimacy, 2014 BYU Law Review 819 (2015)

Law Historians’ Fallacies, 91 North Dakota Law Review 161 (2015)

Qualified Immunity and Statutory Interpretation, 37 Seattle University Law Review 939 (2014)

How to Permit Your Mammoth: Some Legal Implications of “De-Extinction,” 33 Stanford Journal of Environmental Law 1 (2014) (with Norman Carlin & Tamara Zakim)

Drug Testing Welfare Recipients as a Constitutional Condition, Note, 65 Stanford Law Review 1153 (2013)

Other

“A Missing Distinction in Loper,” Notice & Comment, Yale Journal on Regulation (July 27, 2023)

Review, Paul M. Rego. Lyman Trumbell and the Second Founding of America. Lawrence: University Press of Kansas, 2022. American Political Thought, vol. 12 (forthcoming)

Reversing the Legacy of Slaughter-House, Law & Liberty (Apr. 3, 2023)

“Whose Substantive Due Process?,” Balkinization (Oct. 21, 2022), reviewing James E. Fleming, Constructing Basic Liberties

“From Comity to Equality,” Law & Liberty (Dec. 14, 2021), reviewing Randy E. Barnett & Evan D. Bernick, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit.

“What is originalism? Debunking the myths,” The Conversation (Oct. 24, 2020)

“Stare Decisis in an Originalist Theory of Law,” Law & Liberty (Sept. 9, 2020)

“What Originalism Conserves,” Law & Liberty (July 27, 2020)

“Administrative Law and the DACA Decision,” Newsweek (June 20, 2020)

“No Nondelegation at the Founding? Not so fast,” Notice & Comment, Yale J. on Regulation (Jan. 5, 2020)

“The Untold Story of Lucia v. SEC: The Constitutionality of Agency Adjudications,” Notice & Comment, Yale J. on Regulation (Apr. 6, 2018)