The summer is quickly coming to a close, but that doesn’t mean there isn’t a lot of fun administrative law stuff to read on SSRN. Here is the July 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.
- Chevron in the Courts by Kent Barnett & Christopher Walker [CJW Note: This is the first paper from Kent and my three-year project of coding every published circuit court Chevron decision from 2003 through 2013 (>1300 opinions, >1500 agency statutory interpretations). I blogged about the article here, and Marcia Coyle wrote up some of the findings in an article for the National Law Journal here.]
- The Legitimacy of US Administrative Law and the Foundations of English Administrative Law: Setting the Historical Record Straight by Paul Craig [This is another review of Philip Hamburger’s provocative book Is Administrative Law Unlawful? Not as fun a title as Adrian Vermeule’s review of the book: No. Or Hamburger’s reply entitled Vermeule Unbound, alluding to Posner and Vermeule’s The Executive Unbound. But Craig’s important review critically responds to Hamburger’s portrayal of English doctrinal history.]
- Fiduciary Political Theory: A Critique by Ethan Leib & Stephen Galoob (125 Yale Law Journal1820 (2016)) [CJW Note: This is an important essay responding to a growing theory in administrative law and public law more generally.]
- Some Clerical Contributions to Ex Parte Quirin by Ross Davies (19 Green Bag 2d 283 (2016))[CJW Note: A fascinating look by the Green Bag editor-in-chief at some new historical documents from case of a military trial of Nazi saboteurs.]
- A Theory of Law in the Age of Organizations by Brian Tamanaha [CJW Note: This is a really important paper that extends beyond just administrative law to reassess/revise H.L.A. Hart’s theory of law in light of the rise of organizations.]
- Visual Rulemaking by Elizabeth Porter and Kathryn Watts (New York University Law Review, forthcoming) [CJW Note: This is a really fun read documenting the rise of federal agencies (and the President) using social media in its regulatory efforts.]
- Without Deference by Jeffrey Pojanowski (Missouri Law Review forthcoming) [CJW Note: This is Pojanowski’s provocative contribution to the Missouri Law Review‘s symposium A Future Without the Administrative State?, in which he contemplates what administrative law would look like if we got rid of Chevron deference.]
- The Fourth Amendment as Administrative Guidelines by Daphna Renan (68 Stanford Law Review 1039 (2016)) [CJW Note: I’ve become a regular reader of anything Renan writes, and this is a particularly fun read that incorporates more administrative law in policing with a focus on the Fourth Amendment and surveillance.]
- Capturing Regulatory Reality: Stigler’s The Theory of Economic Regulation by Christopher Carrigan and Cary Coglianese [CJW Note: As the title suggests, this is a fresh take on George Stigler’s classic article, The Theory of Economic Regulation.]
- Toward a Context-Specific Chevron Deference by Christopher Walker (Missouri Law Review forthcoming) [CJW Note: This is my contribution to the Missouri Law Review symposium, in which I assess the future of Chevron deference after Justice Scalia’s passing. Spoiler Alert: The Court isn’t going to get rid of Chevron any time soon, but Chief Justice Roberts’s narrower, context-specific approach in his City of Arlington dissent and opinion for the Court in King v. Burwell may well be the future.]
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 Brooks Boron for helping put together this monthly post. I’ll report back at the start of September with the next edition.