Notice & Comment

Administrative Law SSRN Reading List, July 2015 Edition

Here is the July 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. I may as well retitle this post the Cass Sunstein Edition, as three of the top five papers are authored by Professor Sunstein.

[Aside: When I worked as a student editor for the Stanford Law Review, at times we joked that “SLR” stood for the Sunstein Law Review in light of the fact that we were publishing three pieces from him in Volume 58—an article on the death penalty (with Adrian Vermeule), a reply to responses to that article (with Adrian Vermeule), and a symposium essay.]

Here’s the top ten:

1. Which Nudges Do People Like? A National Survey by Cass R. Sunstein

2. Cost-Benefit Analysis, Who’s Your Daddy? by Cass R. Sunstein (Journal of Benefit-Cost Analysisforthcoming)

3. Deference and Due Process by Adrian Vermeule

4. A Fourth Way?: Bringing Politics Back into Recess Appointments (and the Rest of the Separation of Powers, Too) by Josh Chafetz (64 Duke Law Journal Online 161)

5. The Most Knowledgeable Branch by Cass R. Sunstein (University of Pennsylvania Law Reviewforthcoming)

6. Congress, Tribal Recognition, and Legislative-Administrative Multiplicity by Kirsten Matoy Carlson

7. Challenges to Tax Regulations: The APA and the Anti-Injunction Act by Patrick J. Smith (147 Tax Notes915)

8. Procedural Triage by Matthew J. B. Lawrence (Fordham Law Review forthcoming)

9. What to Do About Federal Agency Science: Some Doubts About Regulatory Daubert by David Bernstein(George Mason Law Review forthcoming)

10. Petaluma Takes a Bizarre Turn by Andy Grewal (Bloomberg BNA Tax Insights July 2015)

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 September with the next edition.


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