Jennifer Nou

Jennifer Nou

Professor of Law, Ronald H. Coase Teaching Scholar

Jennifer Nou is Professor of Law at the University of Chicago Law School. Nou’s main research interests are in administrative law, executive branch dynamics, regulatory policy, and constitutional separation-of-powers. Prior to joining the faculty, she was a Public Law Fellow at the Law School and also worked as a policy analyst and special assistant at the Office of Information and Regulatory Affairs. Nou is a graduate of Yale College and Yale Law School, and received an MPhil in Politics from Oxford University as a Marshall Scholar. After law school, she was a law clerk to Judge Richard Posner of the US Court of Appeals for the Seventh Circuit and then to Justice Stephen Breyer of the US Supreme Court. She is currently a public member of the Administrative Conference of the United States.


Yale Law School  
JD, 2008

  • Projects editor, Yale Law Journal
  • Coker Fellow
  • Olin Fellow in Law and Economics 
  • Paul and Daisy Soros Fellow

Oxford University
MPhil in politics (political theory) with distinction, 2004

  • Marshall Scholar

Yale University   
BA, summa cum laude in economics and political science, 2002

  • Arthur Hadley Prize for highest rank in social sciences
  • Philo Bennett Prize for best senior essay in political philosophy
  • Louis Laun Award for economics major with outstanding course record
  • Truman Scholar


The University of Chicago Law School
Professor, July 2018 - present
Neubauer Family Assistant Professor of Law, July 2013–June 2018
Public Law Fellow, January 2012-June 2013

Office of Information & Regulatory Affairs Washington, DC             
Special Assistant to the Administrator (Cass Sunstein) and Policy Analyst, August 2010-December 2011

Hon. Stephen Breyer, U.S. Supreme Court                      
Law Clerk, 2009-2010

Hon. Richard Posner, U.S. Court of Appeals, Seventh Circuit Chicago, IL
Law Clerk, 2008-2009

Jenner & Block Washington, DC                             
Summer Associate, July - August 2007

Williams & Connolly Washington, DC                         
Summer Associate, May- June 2007

U.S. Attorney’s Office, Southern District of New York New York, NY   
Legal Intern, Civil Division, summer 2006

Journal Articles

  • "Regulatory Bundling," 128 Yale Law Journal __ (forthcoming 2018) (with Jed Stiglitz).
  • "The Marginal Revenue Rule in Cost-Benefit Analysis," 160 Tax Notes 1507 (2018) (with David A. Weisbach & Daniel Hemel ). ssrn cu
  • "Subdelegating Powers," 116 Columbia Law Review 473 (2017). ssrn cu www
  • "Strategic Rulemaking Disclosure," 88 Southern California Law Review 773 (2016) (with Jed Stiglitz). ssrn cu www
  • "Intra-Agency Coordination," 129 Harvard Law Review 422 (2015). ssrn cu www
  • "Regulatory Textualism," 65 Duke Law Journal 81 (2015). ssrn cu www
  • Response, "Agency Coordinators Outside of the Executive Branch", 128 Harvard Law Review Forum 64 (2015). ssrn cu www
  • "Sub-Regulating Elections," 2013 Supreme Court Review 135 (2014). ssrn cu www
  • "Happiness Institutions," 62 Duke Law Journal 1701 (2013) (symposium contribution). ssrn cu www
  • "Agency Self-Insulation Under Presidential Review," 126 Harvard Law Review 1755 (2013). ssrn cu www
  • "Agency Self-Insulation Under Presidential Review," 38 Administrative & Regulatory Law News 15 (2013). www
  • "Canonizing the Civil Rights Revolution: The People and the Poll Tax," 103 Northwestern University Law Review 63 (2009) (with Bruce Ackerman). ssrn cu www
  • Note, "Privatizing Democracy: Promoting Election Integrity through Procurement Contracts", 118 Yale Law Journal 744 (2009). ssrn cu www
  • "Why Should We Be Beggars with the Ballot in Our Hand? Veto Players and the Failure of Land Value Taxation in the United Kingdom, 1909-14," 36 British Journal of Political Science 575 (2006) (with Iain McLean) (reprinted in Iain McLean, What’s Wrong with the British Constitution? 2009). cu www
  • Note, "Regulating the Rulemakers: A Proposal for Deliberative Cost-Benefit Analysis", 26 Yale Law and Policy Review 601 (2008). ssrn cu
  • "How Do Changes in Welfare Law Affect Domestic Violence: An Analysis of Connecticut Towns, 1900-2000," 34 Journal of Legal Studies 445 (2005) (with Christopher Timmins). ssrn cu

Working Papers

  • "Appendix to 'The Marginal Revenue Rule in Cost-Benefit Analysis'," Coase-Sandor Working Paper Series in Law and Economics, No. 869 (2018) (with Daniel Hemel & David A. Weisbach). ssrn cu
  • "Regulatory Textualism," University of Chicago Public Law & Legal Theory Paper Series, No. 544 (2015). ssrn cu

Other Publications

  • "Improving the Efficiency of the Paperwork Reduction Act," The Regulatory Review, October 30, 2018 (with Gisselle Bourns & Stuart Shapiro). www
  • "The SEC's Improper Subdelegation (Statutory, not Constitutional)," Yale Journal on Regulation: Notice & Comment, April 11, 2018. www
  • "Census Smoke Signals," Take Care, March 29, 2018. www
  • "How Agencies Should Use Waivers and Exemptions," The Regulatory Review, March 9, 2018 (with Aaron Nielson). www
  • "Bureaucratic Exit and Loyalty under Trump," Yale Journal on Regulation: Notice & Comment, January 9, 2018. www
  • "The SEC’s Subdelegated Appointments Power," Yale Journal on Regulation: Notice & Comment, December 1, 2017. www
  • "The CBO-CBA Analogy, or What Wonks Could Learn from Each Other," Take Care, March 17, 2017. www
  • "Taming the Shallow State," Yale Journal on Regulation: Notice & Comment, February 28, 2017. www
  • "Bureaucratic Resistance from Below," Yale Journal on Regulation: Notice & Comment, November 16, 2016. www
  • "The Possible Dream (reviewing John W. Patty and Elizabeth Maggie Penn, Social Choice and Legitimacy (2014))," The New Rambler, May 4, 2015. www
  • "The FCC just received a million net-neutrality comments. Here’s what it’s like to sort through them all," Washington Post, July 18, 2014. www
  • "Internalizing Cost-Benefit Analysis," RegBlog, February 18, 2014. www
  • "Texas' Poll Tax in Disguise," Los Angeles Times, July 15, 2012 (with Bruce Ackerman).
  • "Hey, What About the 24th?," Slate, May 2, 2008 (with Bruce Ackerman). www

Bureaucratic Resistance Under Trump (tentative title): Chicago-Kent Symposium on Trump Administration (scheduled); C. Boyden Gray Roundtable on "New Normals? The Trump Administration and Administrative Law" (scheduled)

Regulatory Bundling, Chicago-Kent College of Law Faculty Workshop (scheduled); Colorado Law School Faculty Workshop; Yale Law Journal Contemporary Issues Workshop (scheduled); Univeristy of Chicago Works-in-Progress Workshop (June 21, 2018); University of Wisconsin-Madison Law School Conference on "The Empirical Study of Agency Policymaking" (March 23, 2018); Conference of Empirical Legal Studies, Duke Law School (Nov. 18-19, 2016); Political Economy and Public Law Conference, Cornell Law School (June 3-4, 2016); American Association of Law Schools (AALS) New Voices Program, New York, NY (Jan. 7, 2016)

Agency Governance, University of Pennsylvania Law School Public Law Workshop (November 8, 2017) (scheduled); Antonin Scalia Law School Roundtable on "Beyond Deference: Judicial Review and Agency Accountability" (September 14, 2017) (scheduled); University of Wisconsin Law School Conference on Executive Power and Administrative Law (April 14-15, 2017)

Sub-Delegating Powers, Fordham Law School Faculty Workshop (November 10, 2016) (scheduled); NYU Colloquium on Constitutional Theory (Sept. 26, 2016); Ohio State Moritz School of Law Faculty Workshop (Sept. 13, 2016); Administrative Law New Scholarship Roundtable, Michigan State College of Law (June 23-24, 2016)

Omnibus Regulations, AALS New Voices in Administrative Law, AALS Conference, New York, NY (January 7, 2016) (scheduled)

Strategic Rulemaking Disclosure, Conference on Empirical Legal Studies, Washington University Law School, St, Louis, MO (October 30, 2015)

Intra-Agency Coordination, Works-in-Progress Workshop, University of Chicago Law School (December 10, 2015); Public Law Workshop, Berkeley Law School (November 17, 2015); “Law and the Social Order” Conference, Emory Law School (September 11, 2015); “Federal Agency Decision-Making Under Deep Uncertainty” Conference, University of Chicago Law School (May 8-9, 2015); Chicago Area Junior Faculty Workshop, University of Chicago Law School (August 19, 2014)

Paper Commenter, Conference on “How do Constitutions Succeed?”, University of Chicago Law School (April 24-25, 2015)

Panelist, “Innovation and the Administrative State,” Federalist Society Student National Conference, University of Chicago Law School (February 20, 2015)

Regulatory Textualism, Public Law Colloquium, Northwestern University Law School (Oct. 30, 2014); Faculty Works-in-Progress Workshop, University of Chicago Law School (May 15, 2014)

Speaker and Panelist, “Constitutional Interpretation at the Roberts Court,” First Mondays Alumni Series, Washington D.C. (October 1, 2014)

Panel Moderator, Summer School in Law and Economics, University of Chicago Law School (July 16, 2014)

Designing Regulatory Experiments, Conference on the “Law and Economics of Consumer Protection and Risk Regulation in China,” University of Chicago Coase-Sandor Law and Economics Institute, Beijing, China (June 18-19, 2014)

Internalizing Cost-Benefit Analysis, Comparative Administrative Law Conference, Yale Law School, New Haven, CT (March 7-8, 2014)

Sub-Regulating Elections, Visiting Judges Sidebar series with Judge Brett Kavanaugh, University of Chicago Law School (March 5, 2014)

Panel Moderator, “The Civil Rights Act at 50 Years,” University of Chicago Law School, Chicago, IL (November 8, 2013)

Panelist, American Bar Association Section of Administrative Law and Regulatory Practice on “Centralizing White House Control,” Administrative Law Conference, Washington, DC (November 7, 2013)

Paper Commenter, University of Chicago Law School Conference on “Developing Regulatory Policy in the Context of Deep Uncertainty: Legal, Economic, and Natural Science Perspectives” (April 26, 2013)

Happiness Institutions, Duke Law Journal Annual Administrative Law Symposium on “A Happiness Approach to Cost-Benefit Analysis,” Duke Law School (February 15, 2013)

Agency Self-Insulation Under Presidential Review, Northwestern Law School (April 2013); George Washington Law School (March 2013); Harvard Law School (January 2013); Yale Law School (December 2012); New York University Law School (November 2012); Duke Law School (October 2012); University of Pennsylvania Law School (October 2012); University of Chicago Law School (May 2012)

Information as a Regulatory Tool, American Bar Association Section of Administrative Law and Regulatory Practice, Administrative Law Conference, Washington, DC (November 17, 2011)

Efficiency as Political Theory, Olin Summer Workshop Series, Yale Law School (August 15, 2006)

Memberships and Professional Affiliations 

  • Bar admissions, New York State and U.S. Court of Appeals for the Seventh Circuit

Editorial Work

  • Peer Reviewer/Referee, Harvard Law Review; Journal of Legal Studies; Journal of Law, Economics, and Organization; University of Chicago Law Review; Yale Law Journal