Notice & Comment

Administrative Law SSRN Reading List, January 2016 Edition

Here is the January 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 . This is when things get a bit more exciting, as many scholars begin posting articles as part of the Spring law review submission cycle.

Here’s the top ten:

1. Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications by Seth Barrett Tillman (British Journal of American Legal Studiesforthcoming 2016) [CJW: As I noted last month, I think this piece broke he internet, or at least SSRN with nearly 2K downloads; if you haven’t read it yet, it’s a short and fun read definitely worth the download.]

2. Unorthodox Lawmaking, Unorthodox Rulemaking by Abbe R. Gluck, Anne Joseph O’Connell & Rosa Po (115 Columbia Law Review 1789 (2015)) [CJW: Again as I mentioned last month, I read everything that Gluck or O’Connell writes, so when I saw they were collaborating I was particularly excited to read the piece. It’s an important and fascinating read, especially for those us of interest in the legislative or rulemaking process.]

3. The Regulatory State in the Information Age by Julie E. Cohen (Theoretical Inquiries in Lawforthcoming 2016) [CJW: I’ve added this to my reading list.]

4. Book Review: The Struggle for Administrative Legitimacy by Jeremy K. Kessler (Harvard Law Review forthcoming 2016) [CJW: This review spurred me to buy the book being reviewed: Daniel Ernst’s Tocqueville’s Nightmare. Adrian Vermeule has also reviewed the book over at the New Rambler here.]

5. Yakus and the Administrative State by James R. Conde & Michael Greve [CJW: As I mentioned last month, this is another provocative read from Mike Greve, arguing that Yakus v. US (1994) should be a foundational case for administrative law.]

6. ‘Practically Binding’: General Policy Statements and Notice-and-Comment Rulemaking byCass R. Sunstein [CJW Note: This is Cass Sunstein’s criticism of the “practically binding” doctrine for when notice-and-comment rulemaking is required for general policy statements.]

7. Democratic Policing by Barry Friedman & Maria Ponomarenko (90 New York University Law Review 1827 (2015)) [CJW Note: This piece is still on my reading list.]

8. Consume or Invest: What Do/Should Agency Leaders Maximize? by William E. Kovacic &David A. Hyman (Washington Law Review forthcoming) [CJW: This is a really fun and short read about whether agencies should consume or invest resources.]

9. The Constitutional Law of Agenda Control by Aziz Z. Huq (California Law Reviewforthcoming 2016) [CJW Note: As expected from anything written by Aziz Huq, this is a provocative read.]

10. Chevron is Dead; Long Live Chevron by Michael Herz (115 Columbia Law Review 1867 (2015)) [CJW Note: Michael Herz presented this paper at the New Chevron Skeptics panel on which I also participated at the Federalist Society/AALS Annual Faculty Conference in January. Video of the panel is here.]

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 March with the next edition.


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