I am heartbroken to hear about the passing over the weekend of my good friend, mentor, and colleague in the field @UNLCollegeofLaw Professor Anna Shavers (@LawProfShavers): news.unl.edu/newsrooms/toda…
A quick 🧵 with some reflections on her life and its impact on mine:
I first got to know Anna well when I joined the governing council of the @ABAAdLaw Section in 2015, and she had just completed her one-year term as Section Chair. I had met Anna before that, and her passion for #adlaw and #immigrationlaw was infectious.
Not to mention her smile and laugh. I sometimes wondered whether that was just her extroverted, public presence, but as I got to know her better, I realized that passion and joy were part of the core of who she was -- she sought to uplift and inspire.
And she truly was an #adlaw geek. Before law school, she worked as a claims representative at the Social Security Administration and, after receiving a master's degree, at the National Labor Relations Board conducting labor investigations and elections.
Based on her experience at SSA and NLRB, she decided to go to law school, thinking she'd return to the federal government but instead ended up at Nebraska Law School as a law professor focused on administrative and immigration law.
She was a critical leader in the @ABAesq Section, serving on the council and as an officer for more than a half-dozen years as well as on various committees. She also was a leader in other ABA sections and in @TheAALS including as Immigration Section Chair in the late 1990s.
At the time of her passing, she was serving her first year as the @ABAesq Delegate to the @ABAesq House of Delegates, representing our Section's interests in that ABA legislative body.
Her impact on the fields of administrative law and immigration as well as on the legal profession was profound and indisputable. But for those of us who were fortunate to know her well, her personal impact on our lives was arguably more profound.
As I shared with my Legislation and Regulation class this afternoon, the signature Shavers move was her ability to personally connect. It was the out-of-blue email or phone call to congratulate me on a publication or on my participation at a conference or other event.
I know I'm not the only recipient of this signature Shavers move, as this was her reputation in the field to praise, encourage, and thank others for their contributions to the field and to her life. This is something I hope to emulate and carry on from her legacy.
The same is true of our one-on-one interactions. I loved how she would always ask first how I was doing personally -- how were my kids, my spouse, my law students, and me. And then she would ask what I was working on.
Anna, I will miss those emails, phone calls, and in person pick-me-ups. I will miss your impact on the field, on the ABA, and on my life. I hope your family, friends, students, and colleagues are able to celebrate a life so well lived and find peace and comfort at this time.
And I'll end with Anna's own words, from her final @ABAesq Chair's Message (from the Spring 2015 ARLN issue). This so nicely captures who Anna was as a person and leader -- and who and how she inspired others to be active participants in the profession:
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I hope the Court engages more with the historical/originalist scholarship against the nondelegation debate, including work by @jdmortenson, @nicholas_bagley, Nick Parrillo, @KexelChabot, etc.
In his OSHA vaccine-or-test requirement concurrence, Gorsuch cites to the pro-nondelegation literature (supremecourt.gov/opinions/21pdf…), but to date the Justices haven't grappled (publicly at least) with the full scholarly debate on nondelegation at the founding.
I'm very excited to serve as one of the academic consultants on this new @acusgov, and even more excited to collaborate with two of my prior coauthors @MelissaWasserma and @acusgov Executive Director Matt Wiener to coauthor this study and report. 👇
This new @acusgov study builds on @MelissaWasserma & my @CalifLRev article The New World of Agency Adjudication, which explored the centrality of agency head review in the standard federal model for agency adjudication: ssrn.com/abstract=31295…
And it also picks up where Matt Wiener and I left off in our prior @acusgov report Agency Appellate Systems: ssrn.com/abstract=37283…
This is heartbreaking news. In law school, Professor Rhode was one of my main mentors and has been ever since. She helped me become a law professor, and researching and coauthoring together shaped my approach as an academic today.
Prof. Rhode's scholarship emphasized the importance of doctrine and theory -- but also empirical reality and policy impact. She wanted to show how the law worked on the ground and how law and the legal profession could be used (and improved) to make the world a better place.
Deborah was a generous mentor and friend. She cared more about my development as a human being than a scholar and voice in the world. She was a strong proponent of prioritizing life over career, which says a lot as she is one of the most-cited legal academics of her generation.
Earlier this week the Justice Department released a report focused on how to modernize the Administrative Procedure Act (APA): yalejreg.com/nc/new-justice… Like most of the legislative #adlaw reform proposals in recent years, DOJ's reform efforts largely focus on agency rulemaking.
(FWIW, I've written more about the various legislative proposals, in an @AdLawReview essay by the same title as the DOJ report: ssrn.com/abstract=29621….)
Absent from most conversations about APA reform is agency adjudication. Yet the vast majority of regulatory actions today take place in adjudication, rather than rulemaking -- as we explored at the 50th annual @DukeLawJournal symposium earlier this year: yalejreg.com/nc/video-and-d…
Today I found out one of my former students passed away earlier this month. We're probably not supposed to have favorite students, but she was one of my favs -- in part because I saw her grow so much from one semester to the next in a way that inspired me to be a better teacher.
I first met Kierra in my 1L legislation and regulation course. She was one of the quieter students in her first-year section. I'm not sure she ever volunteered to speak in class (though I nudged her to participate), but she was always there and engaged -- and smiling.
We would often speak after class about the course material and life. I could tell this particular material didn't come easily for her, but she worked hard and grappled with the material.