Notice & Comment

Administrative Law SSRN Reading List, February 2016 Edition

Here is the February 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.

I’m heading off to a symposium sponsored by the Missouri Law Review and organized by Erin Hawley, provocatively titled A Future Without the Administrative State?, so I don’t have the bandwidth to include brief comments for each piece per my standard practice. But here’s the top ten:

1. The Regulatory State in the Information Age by Julie E. Cohen (Theoretical Inquiries in Lawforthcoming)

2. The Unbearable Rightness of Auer by Cass R. Sunstein and Adrian Vermeule

3. The Votes of Other Judges by Eric A. Posner & Adrian Vermeule

4. Book Review: The Struggle for Administrative Legitimacy by Jeremy K. Kessler (Harvard Law Review forthcoming)

5. The Constitutional Law of Agenda Control by Aziz Z. Huq (California Law Reviewforthcoming)

6. Consume or Invest: What Do/Should Agency Leaders Maximize? by William E. KovacicDavid A. Hyman (Washington Law Review forthcoming)

7. Dodging the Taxman: Why the Treasury’s Anti-Abuse Regulation Is Unconstitutional byLinda Jellum (70 University of Miami Law Review 152 (2015))

8. The Origins of Legislation by Ganesh Sitaraman (91 Notre Dame Law Review 79 (2015))

9. The Dynamic Incorporation of Federal Law by Jim Rossi (Ohio State Law Journalforthcoming)

10. The Clean Power Plan: Testing the Limits of Administrative Law and the Electric Grid byEmily Hammond & Richard J. Pierce (George Washington Journal of Energy and Environmental Law forthcoming)

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 April with the next edition.


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