Notice & Comment

Administrative Law SSRN Reading List, August 2016 Edition

Apologies for the delay in posting this month’s reading list. The last few weeks have been busy in filing briefs in a number of administrative law cases in addition to enjoying the blog’s Auer/Seminole Rock deference symposium and this amazing conference at Florida State on administrative law / environmental law without courts.

But here is the August 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. Chevron in the Circuit Courts by Kent Barnett & Christopher Walker (Michigan Law Review forthcoming) [CJW: Dick Pierce has a thoughtful review of our study over at Jotwell. I’ve also penned a shorter essay over at the Library of Law and Liberty blog.]
  1. On Mandatory Labeling, With Special Reference to Genetically Modified Foods by Cass Suntein (University of Pennsylvania Law Review forthcoming) [CJW: Looks fascinating; I’ve added to my reading list.]
  1. The Legitimacy of US Administrative Law and the Foundations of English Administrative Law: Setting the Historical Record Straight by Paul Craig [This is another review of Philip Hamburger’s provocative book Is Administrative Law Unlawful? Not as fun a title as Adrian Vermeule’s review of the book: No. Or Hamburger’s reply entitled Vermeule Unbound, alluding to Posner and Vermeule’s The Executive Unbound. But Craig’s important review critically responds to Hamburger’s portrayal of English doctrinal history.]
  1. A Theory of Law in the Age of Organizations by Brian Tamanaha [CJW Note: This is a really important paper that extends beyond just administrative law to reassess/revise H.L.A. Hart’s theory of law in light of the rise of organizations.]
  1. Without Deference by Jeffrey Pojanowski (Missouri Law Review forthcoming) [CJW Note: This is Pojanowski’s provocative contribution to the Missouri Law Review‘s symposium A Future Without the Administrative State?, in which he contemplates what administrative law would look like if we got rid of Chevron deference.]
  1. Output Transparency v. Input Transparency by Cass Suntein [CJW Note: This essay is part of a forthcoming book based on a Columbia University conference celebrating the fiftieth anniversary of the Freedom of Information Act.]
  1. Capturing Regulatory Reality: Stigler’s The Theory of Economic Regulation by Christopher Carrigan & Cary Coglianese (Oxford Handbook of the Classics of Public Policy forthcoming, Steven Balla, Martin Lodge & Edward Page, eds.) [CJW Note: As the title suggests, this is a fresh take on George Stigler’s classic article, The Theory of Economic Regulation.]
  1. Why Lenity Has No Pace in the Income Tax Laws by Andy Grewal (Missouri Law Review forthcoming) [CJW Note: This is Grewal’s contribution to the the Missouri Law Review‘s symposium A Future Without the Administrative State?.]
  1. Beyond Seminole Rock by Aaron Nielson (Georgetown Law Journal forthcoming) [CJW: This is a must-read article for those interested in judicial review of agency action and how reforming one doctrine may have unintended systemic effects.]
  1. Restoring Chevron’s Domain by Jonathan Adler (Missouri Law Review forthcoming) [CJW Note: This is Jonathan Adler’s contribution to the Missouri Law Review‘s symposium A Future Without the Administrative State?.]

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 October with the next edition.

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