Administrative Law SSRN Reading List, April 2016 Edition
I’m guessing I’m not alone in looking at a pile of final exams to grade. In case you need a distraction (or a start on your summer reading list), here is the April 2016 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.
1. Cost-Benefit Analysis and Arbitrariness Review by Cass R. Sunstein [CJW Note:I featured this terrific article in the AdLaw Bridge Series last month here.]
2. Emerging Policy and Practice Issues by Steven Schooner & Neal J. Couture (West Government Contracts Year in Review Conference Covering 2015 Conference Briefs, Thomson Reuters, 2016)
3. The SEC’s Shift to Administrative Proceedings: An Empirical Assessment by Stephen J. Choi& Adam C. Pritchard [CJW Note: Another great contribution to the debate on SEC in-house adjudications.]
4. Assessing the Federal Trade Commission’s Privacy Assessment by Chris Jay Hoofnagle (14(2)IEEE Security & Privacy 58 (Mar/Apr. 2016))
5. Strategic Immunity by Aaron Nielson & Christopher J. Walker (Emory Law Journalforthcoming) [CJW Note: This article is the second in a series on the evolution of qualified immunity, analogizing judicial discretion in constitutional litigation to agency discretion in administrative law. The first article is available here, and Aaron has a nice post about this articlehere.]
6. The Cycles of Separation-of-Powers Jurisprudence by Aziz Z. Huq & Jon D. Michaels (Yale Law Journal forthcoming) [CJW Note: This looks like a fascinating article and is at the top of my summer reading list.]
7. The Power Canons by Lisa Heinzerling (William & Mary Law Review forthcoming) [CJW Note: This is a terrific read, as one would expect from anything Professor Heinzerling writes, and it attempts to make sense of the Supreme Court’s recent administrative law decisions in King v. Burwell, Michigan v. EPA, and UARG v. EPA.]
8. The Perfect Process is the Enemy of the Good Tax: Tax’s Exceptional Regulatory Process byStephanie Hunter McMahon (Virginia Tax Review forthcoming)
9. Minimally Democratic Administrative Law by Jud Mathews (Administrative Law Reviewforthcoming) [CJW Note: I reviewed an earlier draft of this paper, and it’s a really fun read. I often think about how best to teach this concept of administrative law and procedure attempting to reflect democratic decisionmaking, and this is a thorough and clear treatment of the topic.]
10. Delegation Reconsidered: A Delegation Doctrine for the Modern Administrative State byRonald A. Cass [CJW: This looks like a provocative read, especially in light of Justice Thomas’s separate opinions last Term questioning the constitutionality of the modern regulatory state on many grounds, including on nondelegation grounds.]
For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can check out the full rankings, updated daily, here.
Thanks to my terrific research assistant Brooks Boron for helping put together this monthly post. I’ll report back at the start of June with the next edition.