Here is the January 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 William Funk. 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.
The only holdover from December’s top five is Cass Sunstein’s Partyism, which is forthcoming inUniversity of Chicago Legal Forum. As I mentioned last month, this is a really fun (and short) read. Professor Sunstein argues that when we live in an era of severe partyism—as we do now—“relatively broad delegations of authority to the executive branch, and a suitably receptive approach to theChevron principle, have considerable appeal as ways of allowing significant social problems to be addressed.”
Coming in second on the most-downloaded list is John Harrison’s Legislative Power, Executive Duty, and Legislative Lawsuits. In this paper, Professor Harrison tackles the hot topic of legislative authority to sue federal executive officials to require them to properly execute the law, arguing that the Constitution does not authorize such suits by individual legislators or their respective chambers. Professor Harrison presented his position from this paper at the Federalist Society’s Annual Faculty Conference in January, and video of that terrific panel discussion on executive power not to enforce the law can be found here.
The next most-downloaded paper is Government Preferences and SEC Enforcement by Jonas Heese. In this paper, Heese examines the role of political pressure on SEC enforcement actions, finding among other things that “voters’ interests drive political pressure on SEC enforcement — independent of firms’ lobbying for their special interests.”
The fourth most-downloaded article is also the fourth in a series of articles by David Freeman Engstrom on the development of modern qui tam litigation. Entitled Private Enforcement’s Pathways: Lessons from Qui Tam Litigation and published in Columbia Law Review last year, the article presents the findings of Professor Engstrom’s review of some 6,000 qui tam lawsuits. Kate Greenwood has a great write-up on the article here, and Kathleen Boozang has a terrific Jotwell reviewof the first three articles in this series.
Rounding out the top five is now-California Supreme Court Justice Mariano-Florentino Cuéllar’sAdministrative War, which was published last year in the George Washington Law Review. I previously blogged about the article here, noting that the article continues to build on his terrific bookGoverning Security to explore what happened to the administrative state during and right after World War II.
And here is the rest of the top ten:
9. Lightening the VA’s Rucksack: A Proposal for Higher Education Medical-Legal Partnerships to Assist the VA in Efficiently and Accurately Granting Veterans Disability Compensation byStacey-Rae Simcox
Thanks to my terrific research assistant Molly Werhan for helping put together this monthly post. I’ll report back at the start of March with the next edition.