Notice & Comment

Administrative Law SSRN Reading List, December 2015 Edition

Here is the December 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  Bill Funk. Here’s the top ten:

1. Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications by Seth Barrett Tillman (British Journal of American Legal Studies forthcoming 2016) [CJW: I think this piece broke the internet, or at least SSRN with nearly 2K downloads; if you haven’t read it yet, it’s a short and fun read definitely worth the download.]

2. Vermeule Unbound by Philip Hamburger (Texas Law Review forthcoming) [CJW: As I mentioned last month, I love this Hamburger-Vermeule debate. For those who haven’t been following it, Hamburger wrote a book entitled Is Administrative Law Unlawful?, in which he sets for an argument against the modern administrative state—an argument that Justice Thomas incorporated into a number of dissents last Term. Vermeule penned a review of the book, brilliantly entitled No. Hamburger now replies to that response with creative title of his own that alludes to Posner and Vermeule’s provocative book The Executive Unbound.]

3. Unorthodox Lawmaking, Unorthodox Rulemaking by Abbe R. Gluck, Anne Joseph O’Connell & Rosa Po (115 Columbia Law Review 1789 (2015)) [CJW: I read everything that Gluck or O’Connell writes, so when I saw they were collaborating I was particularly excited to read the piece. It’s an important and fascinating read, especially for those of us interested in the legislative or rulemaking process.]

4. Yakus and the Administrative State by James R. Conde & Michael Greve [CJW: This is another provocative read from Mike Greve, arguing that Yakus v. US (1994) should be a foundational case for administrative law.]

5. Executive Federalism Comes to America by Jessica Bulman-Pozen (Virginia Law Reviewforthcoming 2016) [CJW Note: As I mentioned last month, this is a very important contribution to the growing literature on the intersection of federalism and administrative law.]

6. FOIA, Inc. by Margaret B. Kwoka (Duke Law Journal forthcoming) [CJW: I have this new piece on my list to review for the AdLaw Bridge series, as it’s a must-read for FOIA geeks. It’s a terrific look into the commercialization of FOIA.]

7. When Can a State Sue the United States? by Tara Leigh Grove (Cornell Law Reviewforthcoming 2016) [CJW Note: As I mentioned last month, I love reading anything that Grove writes, and this is no exception.]

8. Democratic Policing by Barry Friedman & Maria Ponomarenko (90 New York University Law Review 1827 (2015)) [CJW Note: I’ve added this piece to my reading list.]

9. Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation byBrian G. Slocum (University of Chicago Press forthcoming 2016) [CJW: Larry Solum features this book on the Legal Theory Blog here and highly recommends the introduction and bookhere.]

10. ‘Practically Binding’: General Policy Statements and Notice-and-Comment Rulemaking byCass R. Sunstein (University of Chicago Law Review forthcoming) [CJW Note: This is Cass Sunstein’s criticism of the “practically binding” doctrine for when notice-and-comment rulemaking is required for general policy statements.]

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 February with the next edition.


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