Faculty Profiles - Emeriti

William T. Mayton

William T. Mayton

Thomas J. Simmons Professor of Law Emeritus

Areas of Expertise

Constitutional and Administrative Law

William T. Mayton taught at Emory for thirty-eight years, and became emeritus in 2013. Before Emory he flew for the Navy (Vietnam), graduated from Columbia Law School, spent two years in private practice, and was assistant counsel to the democrats on the Senate Watergate Committee. Then he came to Emory. Primarily he taught Constitutional Law, Free Speech, and Administrative Law.

Professor Mayton is the author of numerous articles on constitutional and administrative law and on the First Amendment, including the textbook Administrative Law (published by West Publishing Co., 1992).

Education:BS, University of South Carolina, 1963; JD, Columbia Law School, 1972 (Notes & Comment editor, Columbia Law Review, Harlan Fiske Stone Scholar)


Administrative Law (Hornbook Series) (3rd ed., West 2014) (with Alfred C. Aman)

Journal Articles

Ersatz Federalism under the Anti-Injunction Statute, 78 Colum. L. Rev. 330

The Legislative Resolution of the Rulemaking or Adjudication Problem
in Agency Law-Making, 1980 Duke L. J. 103 (1980)

PAC's Americana, Washington Monthly (Jan. 1980)

Politics, Money, Coercion, and the Problem with Corporate PAC's,
29 Emory L.J. 377 (1980)

Toward a Theory of First Amendment Process: Injunctions of Speech,
Subsequent Punishment, and the Costs of the Prior Restraint Doctrine,
67 Cor. L. Rev. 248 (1982)

A Concept of a Rule and the "Substantial Impact Test" in Rulemaking,
33 Emory L.J. 889 (1984)

Seditious Libel and the Lost Guarantee of a Freedom of Expression,
84 Colum. L .Rev. 91 (1984)

The Possibilities of Collective Choice: Arrow's Theorem, Article 1, and
Delegation of Legislative Power to Administrative Agencies,
1986 Duke L.J. 948 (1986)

From a Legacy of Suppression to the "Metaphor of the Fourth Estate",
39 Stan. L. Rev. 139 (1986)

The Illegitimacy of the Public Interest Standard at the FCC, 38 Emory
L.J. 315 (1989)

Law Among the Pleonasms: The Futility and Aconstitutionality of
Legislative History in Statutory Interpretation, 41 Emory L.J. 113 (1992)

Missions and Methods of the Postal Service, in Governing the Postal
Service 60 (AEI Press, 1994)

Buying-Up Speech, 3 Wm. & Mary Bill of Rights J. 373 (1995)

“The Fate of Lesser Voices”: Calhoun v. Wechsler on Federalism,
32 Wake Forest L. Rev. 101 (1997)

Direct Democracy, Federalism, & the Guaranty Clause, 2 The Green Bag 269

Recess Appointments and an Independent Judiciary, 20 Const. Commentary 515

Birthright Citizenship and the Civic Minimum, 221 Geo. Immig. L. J., 221 (2008)

Report & Testimony, Dept. of Energy Gasoline Allocation Program Hearings before the Permanent Subcommittee on Investigations, Sen. Comm. on Govt. Affairs, 96th Cong., 2d Sess. 145-47

Article in progress: “The Call”, an episode from the Senate Watergate Hearings that can only now be given