Last year was a terrific one for administrative law scholarship! Here is the December 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.
- Changing Climate Change, 2009-2016: A Preliminary Report by Cass R. Sunstein [CJW Note: This is Professor Sunstein’s retrospective on the Obama Administration’s attempts to regulate climate change and includes a roadmap for continuing executive action in this area in an era of legislative gridlock.]
- Chevron Step One-and-a-Half by Daniel Jacob Hemel & Aaron Nielson (University of Chicago Law Review forthcoming) [CJW Note: This is a terrific piece by my co-bloggers on the D.C. Circuit’s doctrine of remanding agency statutory interpretations when the agency has erroneously concluded that the statutory provision is unambiguous. Aaron presented this paper at the Federalist Society Faculty Conference a couple weeks ago, and a video of that presentation is available here.]
- Federalism and the Rise of State Consumer Protection Law in the United States by Joshua D. Wright (The Law and Economics of Federalism, Jonathan Klick, ed., forthcoming) [CJW Note: It’s great to have former FTC Commissioner Wright back full time in the legal academy!]
- Crackdowns by Mila Sohoni (Virginia Law Review forthcoming) [CJW Note: I featured this terrific article in the AdLaw Bridge Series last month here. This paper was also honored with the Junior Scholars Award by the AALS Section on Criminal Justice.]
- The Obama War Powers Legacy and Internal Forces that Entrench Executive Power by Rebecca Ingber (American Journal of International Law forthcoming) [CJW Note: This seems like a fascinating look inside the Executive Branch with respect to war powers.]
- Gridlock? by Josh Chafetz (Harvard Law Review Forum, Vol. 130, November 2016) [CJW: This is Professor Chafetz’s terrific response to Josh Blackman’s Harvard Law Review article Gridlock, which was part of its Supreme Court review issue.]
- The Constitution of Agency Statutory Interpretation by Evan J. Criddle (Vanderbilt Law Review En Banc, Vol. 69, p. 325, 2016) [CJW Note: This is Professor Criddle’s response to Aaron Saiger’s provocative Vanderbilt Law Review article Agencies’ Obligation to Interpret the Statute.]
- Is Cost-Benefit Analysis the Only Game in Town? by Gregory C. Keating [CJW Note: This is a timely piece, arguing for safety and feasibility standards as alternatives to cost-benefit analysis in some circumstances.]
- Things Left Unsaid, Questions Not Asked by Peter L. Strauss (University of Pennsylvania Law Review Online, Vol. 164, 2016) [CJW Note: This is Professor Strauss’s response to the law review symposium on executive discretion.]
- Presidential Maladministration by Josh Blackman [CJW Note: This is a provocative, must-read for adlaw nerds, especially with the change in presidential administration.]
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 February with the next edition.
This post is part of the Administrative Law Bridge Series, which highlights terrific scholarship in administrative law and regulation to help bridge the gap between theory and practice in the regulatory state. The Series is further explained here, and all posts in the Series can be found here.