Notice & Comment

Administrative Law SSRN Reading List, April 2019 Edition

Here is the April 2019 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. Neoclassical Administrative Law by Jeffrey A. Pojanowski (Harvard Law Review forthcoming) [CJW Note: I read an earlier draft of this paper for our Third Annual Administrative Law New Scholarship Roundtable held at U Mich last summer, and it’s a fantastic article suggesting how to reconcile a formalist, classical approach to law with the modern regulatory state.]
  2. The Procedure Fetish by Nicholas Bagley (Michigan Law Review forthcoming) [CJW Note: This is part two in Bagley’s call for progressive reform of administrative law. In the first part, Bagley argued for remedial restraint in judicial review of agency actions, to which I penned a response (using his same title and just adding “against” at the outset). In this paper, Bagley argues that administrative law should stop fixating on rigid procedural requirements for agency action. This is yet another provocative read.]
  3. Clowning Around with Final Agency Action by Beau Baumann and Greg Mina (Cornell Journal of Law and Public Policy forthcoming) [CJW Note: This is an interesting student note arguing against a formalistic approach to the APA’s final agency action requirement.]
  4. United States Constitutional Law: Chapter 1 (Introduction) by Daniel A. Farber and Neil Siegel [CJW Note: This is the intro to Farber and Siegel’s new Concepts and Insights Series guide to U.S. Constitutional Law, which can be purchased here.]
  5. Civil Servant Disobedience by Jennifer Nou (94 Chicago-Kent Law Review, 349 (2019))  [CJW Note: Nou is doing important work on bureaucratic resistance, and this is her contribution to a terrific Chicago-Kent Law Review administrative law symposium held last year, which Peter Strauss organized and I had the privilege of attending as a respondent. If you’re craving more on bureaucratic resistance, Nou and I did a podcast on the subject for the University of Chicago Law Review, available here.]
  6. Presidential Laws and the Missing Interpretive Theory by Tara Leigh Grove (University of Pennsylvania Law Review forthcoming) [CJW Note: Another important paper by Grove, this one developing a textualist interpretive theory for presidential laws (executive orders, proclamations, etc.).]
  7. When Robots Make Legal Mistakes by Susan C. Morse (Oklahoma Law Review forthcoming) [CJW Note: This is a really fun contribution to a symposium on lawyering in the AI age on legal decision-making robots and when their decisions should be considered final.]
  8. The Kavanaugh Court and the Schechter-to-Chevron Spectrum: How the New Supreme Court Will Make the Administrative State More Democratically Accountable by Justin Walker [CJW Note: Walker (unrelated), a former Kavanaugh clerk, examines and predicts the future of administrative law at the Supreme Court now that Justice Kavanaugh is on the Court, focusing on the evolution of doctrines related to congressional delegation, judicial deference, and agency independence.]
  9. Mr. Try-It Goes to Washington: Law and Policy at the Agricultural Adjustment Administration by Daniel R. Ernst (Fordham Law Review forthcoming) [CJW Note: This is a fascinating historical dive into Jerome Frank’s service in the 1930s as general counsel of the Agricultural Adjustment Administration.]
  10. Giving Taxpayer Rights a Seat at the Table by Leslie Book [CJW Note: Only the abstract is on SSRN for now, but Book will argue in this paper that the IRS should engage in rulemaking to enforce taxpayer rights.]

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 Sam Lioi for helping put together this monthly post. I’ll report back in June with the next edition.

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