Here is the October 2015 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. Here’s the top ten: 1. Enforcement Discretion at the SEC by David T. Zaring (Texas Law Review forthcoming) [CJW: As I’d expect from anything Zaring writes, […]
Last week Jotwell—the Journal of Things We Like (Lots)—posted my review of Anne O’Connell’s terrific article Bureaucracy at the Boundary, which was published in the University of Pennsylvania Law Review last year. I’m not alone in heaping praise on this article, as the American Bar Association just named it the best work of administrative law […]
If you’re interested in administrative law and regulatory practice (which I assume you are if you’re reading this blog) and you’re in DC (or even if you’re not), I hope you’re planning to attend the Annual Administrative Law Conference hosted by the American Bar Association’s Section of Administrative Law and Regulatory Practice. The program takes […]
On the administrative law professor email listserv, my colleague Peter Shane sparked an intriguing discussion about the impact of the Justice Department’s Office of Legal Counsel (OLC) on administrative law scholarship and the legal academy more generally. With permission, I’m reprinting a (slightly edited) version of his initial email to the listserv: I recently received […]
Here is the September 2015 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by William Funk. Here’s the top ten: 1. Prosecutorial Constitutionalism by Eric S. Fish 2. Is the Chief Justice a Tax Lawyer? by Stephanie R. Hoffer and Christopher J. […]
Last week the Journal of Legal Education, which is the official legal pedagogy journal of the Association of American Law Schools (AALS), published a terrific symposium issue on legislation and regulation in the first-year law school curriculum. It’s great to see the issue in print. You can access the full version for free here. The live symposium was […]
Today, in his concurrence in the denial of rehearing en banc in Bible v. United States Aid Funds, Inc.(7th Circuit), Judge Easterbrook serves up an excellent vehicle (at least in his opinion) for the Supreme Court to reconsider Auer deference in administrative law. (HT Will Baude) As I’ve blogged about here, a number of Justices […]
As Andy noted in his post last week, the Pepperdine Law Review will be publishing soon a symposium on the implications of King v. Burwell on tax law and administration. In his contribution, Andy asks: Where Were the Tax Professors? In our contribution, my tax prof colleague Stephanie Hoffer and I focus on the reasoning of the majority […]
Last week the Administrative Conference of the United States posted a draft of my report entitled Federal Agencies in the Legislative Process: Technical Assistance in Statutory Drafting. This report builds on the empirical survey work I conducted a couple years ago on federal agency rulemaking and agency statutory interpretation, which culminated in an article published in […]
Here is the August 2015 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by William Funk. There are some really, really terrific articles here, a number of which are on my list to highlight in theAdministrative Law Bridge Series. I’ve included some […]
Here is the July 2015 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by William Funk. I may as well retitle this post the Cass Sunstein Edition, as three of the top five papers are authored by Professor Sunstein. [Aside: When I worked as a […]
In my survey of federal agency rule drafters, I decided to ask a question about the role of presidential signing statements in agency statutory interpretation. In particular, I included a list of nine types of legislative history and asked: “For each of the following, please tell us if the type of legislative history is a (VR) […]
As I’ve blogged about before, the role of cost-benefit analysis—and economic analysis more generally—in financial regulation has been a hot topic in recent years among scholars, policymakers, regulators, and the regulated. This debate has been sparked in part by the D.C. Circuit’s aggressive review of SEC rulemaking—in cases like Business Roundtable v. SEC and others—and […]
I previously blogged here about Nicholas Parrillo‘s terrific book Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013), noting that the book “is a fascinating read for anyone interested in the history (and future) of administrative law and regulation.” Recently in the pages of the Harvard Law Review, Jon Michaels reviews Nick’s […]
Here is the June 2015 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by William Funk. There are a number of terrific new papers, including great reads from Josh Chafetz, Gillian Metzger, Liz Porter, Cass Sunstein, and Adrian Vermeule. Here’s the top ten: 1. […]