Notice & Comment

Administrative Law SSRN Reading List, April 2017 Edition

SSRNHere is the April 2017 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. Moral Commitments in Cost-Benefit Analysis by Eric Posner & Cass Sunstein [CJW Note: This is a great paper about quantifying moral values in cost-benefit analysis by eliciting private willingness to pay.]
  1. Strategies of Public UDAP Enforcement by Prentiss Cox, Amy Widman & Mark Totten (Harvard Journal on Legislation forthcoming) [CJW Note: This is a fascinating look at how public actors have used unfair and deceptive acts and practices statutes as a means of regulating.]
  1. Regulating by Robot: Administrative Decision Making in the Machine-Learning Era by Cary Coglianese & David Lehr (Georgetown Law Journal forthcoming) [CJW Note: This looks like a great read; added to my reading list.]
  1. The Dealmaking State: Executive Power in the Trump Administration by Steven Davidoff Solomon & David Zaring [CJW Note: This is a great follow-up article to one of my favorite administrative law articles of all time — Regulation by Deal.]
  1. The Law Presidents Make by Daphna Renan (Virginia Law Review forthcoming) [CJW Note: I read an earlier draft of this paper that Daphna presented at the First Annual Administrative Law New Scholarship Roundtable at Michigan State last summer. The paper, which analyzes the transformation of the Justice Department’s Office of Legal Counsel, is even more timely today than last summer.]
  1. The Case of the Frozen Trucker: A Collage and Homage by Mila Sohoni [CJW Note: Channeling Lon Fuller, this is a fun fictional opinion based on the “frozen trucker case” discussed at length during the Senate Judiciary Committee hearing on the Gorsuch confirmation in March.]
  1. Gubernatorial Administration by Miriam Seifter (Harvard Law Review forthcoming) [CJW Note: Miriam presented an earlier draft of this paper at the First Annual AdLaw Roundtable at Michigan, and it’s an important, terrific read on state administrative law — perhaps my favorite new paper of the year so far.]
  1. Innovation and Climate Law by Zachary D. Liscow & Quentin C. Karpilow [CJW Note: This is an interesting take on the importance of coupling tax with government-sponsored innovation incentives to address social harms.]
  1. Sticky Regulations by Aaron Nielson (University of Chicago Law Review forthcoming) [CJW Note: This is a really fun paper by my occasional coauthor that the counter-intuitive argument for the pro-regulatory benefits of ossification.]
  1. Nationwide Injunctions Against the Federal Government: A Structural Approach by Getzel Berger (New York University Law Review forthcoming) [CJW: This looks like a very timely and well-written student note on nationwide injunctions.]

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 Kaile Sepnafski for helping put together this monthly post. I’ll report back at the start of June with the next edition.

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