This is the final edition for 2020, which has been a challenging year no doubt for so many scholars of administrative law and regulatory practice. With a presidential transition, continued regulatory responses to the pandemic, and so many other developments, 2021 will no doubt produce many important contributions to the literature.
Here are the top-ten papers from December:
- Our Anti-Korematsu by Cass R. Sunstein
- On Overruling Chevron by Cass R. Sunstein
- Abandoning Presidential Administration: A Civic Governance Agenda To Promote Democratic Equality and Guard Against Creeping Authoritarianism by Blake Emerson & Jon D. Michaels (UCLA Law Review forthcoming)
- There Are Two “Major Question” Doctrines by Cass R. Sunstein
- Is Chevron Inconsistent with the APA? By Cass R. Sunstein
- Agency Appellate Systems by Christopher J. Walker & Matthew Wiener (Final Report to the Administrative Conference of the United States)
- Can America Reduce Highway Spending? Evidence from the States by Leah Brooks & Zachary D. Liscow
- Measuring What Matters in Public Procurement Law: Efficiency, Quality and More by Desiree Klingler (21 Journal of Management Policy and Practice 73 (2020))
- A Reform Agenda for Administrative Adjudication by Christopher J. Walker (Regulation forthcoming Spring 2021)
- Regulation in the Biden Administration by Richard J. Pierce
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 Morgan Huff for helping put together this monthly post. I’ll report back in February with the next edition.