Kent Barnett

Assistant Professor of Law

B.A., Centre College
J.D., University of Kentucky

Courses: 

Administrative Law
Contracts and Sales
Consumer Law

Biographical Information: 

Kent Barnett, who specializes in administrative law, contracts and consumer law, joined the Georgia faculty in 2012.

Barnett’s research focuses on the separation of powers in the federal administrative state, administrative adjudication, and judicial review of agency action. His scholarship has been published or is forthcoming in, among other places, the New York University Law Review, the Vanderbilt Law Review, the Notre Dame Law Review, the Indiana Law Journal, the UC Davis Law Review and the North Carolina Law Review.

His scholarship has been cited by leading administrative law casebooks and by federal district and appellate courts. His scholarship has been selected for presentation at, among other places, the Yale-Stanford-Harvard Junior Faculty Forum, the Southeastern Association of Law Schools Annual Conference as one of the winners of a call for papers from law faculty, and programs at the Association of American Law Schools Annual Meetings. Barnett is currently serving as the Reporter for the Administrative Conference of the United States’ Model Adjudication Working Group.

Before coming to UGA, he served as the Inaugural Visiting Assistant Professor at the University of Kentucky College of Law. He also served as a judicial clerk for Judge John Rogers of the U.S. Court of Appeals for the 6th Circuit and practiced in the complex-commercial-litigation and appellate groups at Weil, Gotshal & Manges.

He earned his undergraduate degree summa cum laude from Centre College, where he was elected to Phi Beta Kappa, was selected as a John C. Young Scholar and received The Art Prize, The E. Wilbur Cook Music Prize and The Franklin-Bennett Music Prize. He received his law degree summa cum laude from the University of Kentucky College of Law, where he was inducted into the Order of the Coif. At the University of Kentucky, he was Articles Editor of the Kentucky Law Journal and received, among other awards, the Colvin P. Rouse Award for best overall legal scholarship and the Kentucky Commercial Law Foundation Award for best commercial-law scholarship.

Publications & Activities

ARTICLES

Administrative Partiality at the Structural Frontier, 81 Mo. L. Rev. __ (2017) (invited symposium essay).

Standing for (and up to) the Separation of Powers, 91 Ind. L.J. 665 (2016).

Against Administrative Judges49 UC Davis L. Rev. 1643 (2016).

Codifying Chevmore, 90 N.Y.U. L. Rev. 1 (2015).

Improving Agencies’ Preemption Expertise with Chevmore Codification, 83 Fordham L. Rev. 587 (2014) (invited symposium essay).

To the Victor Goes the Toil—Remedies for Regulated Parties in Separation-of-Powers Litigation, 92 N.C. L. Rev. 481 (2014).

Resolving the ALJ Quandary, 66 Vand. L. Rev. 797 (2013).

Avoiding Independent Agency Armageddon, 87 Notre Dame L. Rev. 1349 (2012).

The Consumer Financial Protection Bureau’s Appointment with Trouble, 60 Am. U. L. Rev. 1459 (2011) (symposium essay).

Putting the Cart Before the Horse: Should a Court Certify a Class of Residential Consumers Seeking a Declaration that the Consumers—if They Later Choose—Are Entitled to Rescind for a TILA Violation?, 125 Banking L.J. 160 (2008) (with Angela C. Zambrano).

Lending a Helping Hand?—A Guide to Kentucky’s New Predatory Lending Law, 93 Ky. L.J. 473 (2005).

ARTICLES IN PROGRESS

Chevron in the Circuit Courts (with Professor Christopher Walker, The Ohio State University, Michael E. Moritz College of Law)

SELECTED PRESENTATIONS

Symposium, Missouri Law Review, A Future Without the Administrative State?, Presenter, University of Missouri School of Law, Columbia, Mo., Mar. 2016.

ABA Administrative Law Section Annual Meeting, SEC v. Hill: The Future of ALJs, Panelist, Washington D.C., Oct. 2015.

Federal Administrative Law Judge Conference Annual Meeting, The Constitutionality of Administrative Law Judges after Free Enterprise Fund, Panelist, Charleston, S.C., Sept. 2015.

SEALS Annual Meeting, Codifying Chevmore, Presenter as Winner of Call for Papers Competition, Amelia Island, Fla., Aug. 2014.

Symposium, Fordham Law Review, Chevron at 30: Looking Back and Looking Forward, Presenter, Fordham University School of Law, New York, NY, Mar. 2014.

AALS Annual Meeting, “New Voices in Public Remedies,” Presenter, New York, NY, Jan. 2014.

SEALS Annual Meeting, Administrative Procedure:  Enemy of the State?, Panelist, Palm Beach, Fla., Aug. 2013.

AALS Annual Meeting, “New Voices in Administrative Law,” Structural Remediation of the Federal Administrative State, Presenter, New Orleans, La., Jan. 2013.

Junior Faculty Federal Courts Workshop, Structural Improvements to Formal Executive Adjudication, Presenter, William and Mary College of Law, Williamsburg, Va., Oct. 2012.

Yale-Stanford-Harvard Junior Faculty Forum, Formal Administrative Adjudication’s Separation-of-Powers Quandary, Presenter, Harvard Law School, Cambridge, Mass., June 2012.

Symposium, American University Law Review, Is Financial Reform Too Big to Fail?, Presenter, Am. U. Washington College of Law, Washington, D.C., Mar. 2011.