Matthew Lawrence

Matthew Lawrence

@mblawrence.bsky.social

Law professor at Emory Law. Admin law, health law, addictions. Addiction and Liberty: https://www.cornelllawreview.org/2023/04/26/addiction-and-liberty/ Selected works: https://works.bepress.com/matthew-lawrence/

6.4K followers584 following186 posts

Matthew Lawrence reposted

What should administrative law look like after the critique of transsubstantivity? How can it be make sensitive to context without sacrificing important cross-cutting procedural values? Today, @mblawrence.bsky.social shares insights from his recent work on institutional design and drug scheduling.

lpeproject.orgDoing Applied Administrative LawAdministrative law is often described as “transsubstantive”: in understanding, evaluating, and articulating the rules governing federal agency action across public health, environmental regulation…

This is huge news, but the devil will be in the details. The history of settlements leading to actual public health benefits is murky, and industry standards can wind up benefiting industry in long run. A reason for those concerned to pay more attention to tech harms now, not less.

Matthew Lawrence reposted

Replying to @jbentonheath.bsky.social

This required me to integrate discussions across a range of issue areas—some of which I teach regularly in admin law, and some new to me. I am grateful for the work of @sbagen.bsky.social @mblawrence.bsky.social & more on appropriations law issues. See, e.g., papers.ssrn.com/sol3/papers.... 7/x

papers.ssrn.comThe Crisis of Appropriations LawAppropriations law is a unique body of federal law.  Appropriations law imposes its own somewhat baroque set of statutory interpretation principles, approv

For health law teachers: Here is a summer supplement addressing HR1, AI, admin law, and executive power developments relevant to health law courses. My coauthors and I hope this helps those teaching health law whether they use The Law of American Health Care or not! papers.ssrn.com/sol3/papers....

papers.ssrn.comThe Law of American Health Care, 3d ed., 2026 Summer SupplementWe recognize our adopters and students need updates to the 3d Edition of The Law of American Health Care, which was published just before the second Trump admin

I'm so bad at social but wanted to share my take on the marijuana rescheduling order, so here's screenshots of my thread at the other place (why didn't I start here? I'd lost my password...)

Matthew Lawrence reposted

This is a super interesting and important take. Concerns about a standing army bar the way we are funding the military.

Matthew Lawrence@mblawrence.bsky.social

Some key takeaways from new work with @marknevitt.bsky.social: 🚫Funding the military long term through reconciliation is unconstitutional 🚫Long-term military funding in OBBA is unconstitutional ❓Maybe ICE funding too 🚫Tapping the Judgment Fund for defense procurement contracts is unconstitutional

Some key takeaways from new work with @marknevitt.bsky.social: 🚫Funding the military long term through reconciliation is unconstitutional 🚫Long-term military funding in OBBA is unconstitutional ❓Maybe ICE funding too 🚫Tapping the Judgment Fund for defense procurement contracts is unconstitutional

Just Security@justsecurity.org

The Framers included a structural check on standing armies and military power in the Constitution. Matthew B. Lawrence and Mark Nevitt (@marknevitt.bsky.social) argue it is now time for its revival:

Matthew Lawrence reposted

Matthew Lawrence reposted

Seriously, is there any better city to visit than Cleveland?Lake/vibe/food/people. Was a treat to get to do my first-ever keynote, at CSU law health insurance symposium today. Presented joint work w/ Allison Hoffman that I’m excited about. Thanks for having me!

I love creative conlaw scholarship. Kessler and Pozen have a great article up on “epistemic discovery” as a first amendment theory that could gain real traction protecting a range of conduct from AI use to experimentation with psychedelics. tinyurl.com/3rz6k5bx.

tinyurl.comEpistemic Discovery, Psychedelic Drugs, and the First AmendmentIn recent years, the concept of <i>cognitive liberty</i> has drawn support from scholars and activists worldwide.  Proponents of cognitive libert

Here’s the crux of why I think it’s right to call many social media apps “addictive” regardless whether or when “social media addiction” gets added to medicine’s Diagnostic & Statistical Manual:

Matthew Lawrence reposted

For the past year or so, I've been working on a project for the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in judicial review. The draft report is now available here: papers.ssrn.com/sol3/papers.... 1/

papers.ssrn.comDrafting Regulatory Preambles (Draft Report to the Administrative Conference of the United States)This is a draft report to the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments

If you’re tired of incremental marijuana rescheduling announcements and interested in the root problem with drug scheduling, or how to fix it, check out my new piece with Dave Pozen, just out in Science! SSRN version here: papers.ssrn.com/sol3/papers....

papers.ssrn.comThe Right Schedule for Marijuana (Among Other Drugs) Does Not Yet Exist<p><span>In the marijuana rescheduling process currently underway in the United States, clinicians and researchers have urged the Drug Enforcement Administratio

Matthew Lawrence reposted

Replying to @ericfish.bsky.social

But if AI does what we are told shouldn’t it lower the cost to a handful of journals of collaborating on their own alternative? Even that they run in parallel to scholastica, as a way for interested authors to give them money directly?

Can we find a solution to the AI in law reviews ”problem“ that involves redirecting the rents Scholastica extracts from law schools (and lawyers/law students who want to publish, of course) toward the students who do all the work? Hate to think of scholastica owners profiting off students’ toil.

I know at the end of the day the work is really not about recognition but it is still rewarding to see my name in this ranking. I just remember all the struggle that went into the pieces underlying this. Thanks to Rob Willey and Melanie Knapp for putting it together. papers.ssrn.com/sol3/papers....

papers.ssrn.comThe Top 100 Legal Scholars of 2025Traditional legal scholarship rankings rely almost exclusively on career-long publication metrics, a method that inherently favors decades-old articles and ofte

At the 2026 National Conference of Constitutional Law Scholars. The Rehnquist Center at Arizona Law puts together a great program. Neat to see tomorrow’s debates forming…and the sunsets aren’t bad.

Is compulsive use of social media more like watching too much TV or getting hooked on slot machines? Kevin Yan and I bring lessons from drugs and gambling to debates about social media, including whether “addiction” is the right word when we talk about social media, here: tinyurl.com/mryv7js6

tinyurl.comMoral Panic or Public Health Crisis? Lessons from Drugs and Gambling for “Addictive” DesignAlcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of the...

Hot off the presses, Dave Pozen’s and my new piece in @HarvLRev on what is broken in how we regulate marijuana, kratom, opioids, and other drugs—and how to fix it. Admin law meets public health meets LPE meets drug law meets harm reduction. Check it out! harvardlawreview.org/print/vol-13...

harvardlawreview.orgDrug Scheduling as Institutional Design - Harvard Law ReviewThe United States makes bad choices when it comes to psychoactive drugs. Under the Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access,...

Matthew Lawrence reposted

Readers, today is the exciting launch day for my book! How to Tax the Ultrarich bit.ly/4rk6wBM In partnership with the great economic policy team @rooseveltinstitute.org A few threads will follow. 1st, the key takeaway: even w/ *this* Supreme Court, we can tax wealth at the federal level. 1/12

bit.lyHow to Tax the UltrarichLearn about the Fair Share Tax (FAST), a practical, constitutionally sound plan to tax the ultrarich, close loopholes, and prevent dynastic wealth accumulation.

I have a piece in lawfare today about a wonky but important issue—the selection of a new Comptroller General and future of both “Congress’s Watchdog” and the (badly needed) stabilizing force in federal spending it provides. www.lawfaremedia.org/article/is-t...

lawfaremedia.orgIs the GAO the Next Battlefield in the Fight for Separation of Powers?The expiration of the comptroller general’s term is an opportunity for Congress to reassert itself, or retreat further.

Trump marijuana EO is a big deal and, like all EOs, raises questions about "what's next" and "what has actually changed"? Here are some quick bullets about my understanding of where we are and where we are going.