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 quick notes on each piece in parentheses.
Here’s the top ten:
1. The New Coke: On the Plural Aims of Administrative Law by Cass R. Sunstein and Adrian Vermeule (Supreme Court Review forthcoming) (CJW Note: fun read and great review of the Supreme Court’s administrative law decisions from last Term)
2. The Most Knowledgeable Branch by Cass R. Sunstein (University of Pennsylvania Law Review forthcoming) (CJW Note: another fun (and short) read from Cass Sunstein, making a pretty broad claim—with some limitations—for lawmaking delegation to the federal administrative state)
3. Justice Thomas and the Originalist Turn in Administrative Law by Brian Lipshutz (Yale Law Journal Forum 2015) (CJW Note: really terrific student comment on Justice Thomas’s fascinating concurring/dissenting opinions in administrative law from this last Term)
4. The Volcker Rule as Structural Law: Implications for Cost-Benefit Analysis and Administrative Law by John C. Coates, IV (CJW Note: another terrific paper from John Coates on cost-benefit analysis in financial regulation)
6. The President and Immigration Law Redux by Adam B. Cox and Cristina Rodriguez (Yale Law Journal forthcoming) (CJW Note: important, fascinating piece on the Obama Administration’s execution action on immigration enforcement—a terrific read)
8. Procedural Due Process Liberty Interests by Ann Woolhandler (CJW Note: great read about the Supreme Court’s decision last Term in Kerry v. Din and the difficulties of defining liberty for procedural due process purposes; law review editors take note as apparently not forthcoming anywhere, yet!)
9. Law and Custom on the Federal Open Market Committee by David T. Zaring (78 Law and Contemporary Problems 157 (2015)) (CJW: terrific article and on my AdLaw Bridge Series write-up list; David Zaring is writing very important scholarship at the intersection of financial regulation and administrative law)
10. The “Reformation of Administrative Law” Revisited by Daniel B. Rodriguez and Barry R. Weingast (CJW Note: anything from Dan Rodriguez and Barry Weingast is a must-read for adlaw nerds, this piece included)
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 Molly Werhan for helping put together this monthly post. I’ll report back at the start of October with the next edition.