We have seen a lot of really terrific administrative law scholarship so far this year, and the top ten for February is only the tip of the iceberg. Here is the February 2021 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.
- Our Anti-Korematsu by Cass R. Sunstein
- A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence from the Federal Tax on Private Real Estate in the 1790s by Nicholas R. Parrillo (Yale Law Journal forthcoming)
- The Congressional Bureaucracy by Jesse Cross & Abbe R. Gluck (168 University of Pennsylvania Law Review 1541 (2020))
- Is Quasi-Judicial Immunity Qualified Immunity? by William Baude (Stanford Law Review Online forthcoming)
- The Lost World of the Administrative Procedure Act: A Literature Review by Christopher J. Walker (George Mason Law Review forthcoming)
- Countermajoritarian Legislatures by Miriam Seifter (Columbia Law Review forthcoming)
- Unpacking Third-Party Standing by Curtis A. Bradley & Ernest A. Young (Yale Law Journal forthcoming)
- The APA and the Assault on Deference by Ronald M. Levin (Minnesota Law Review forthcoming)
- Regulation of the Algorithmic Tools in the United States by Christopher S. Yoo & Alicia Lai (13 Journal of Law and Economic Regulation 7 (2020))
- Presidential Law by Shalev Roisman (105 Minnesota Law Review 1269 (2021))
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 April with the next edition.