The start of August is always a bit of a shock as I look back at my research ambitions for the summer and realize how much is still left on the to-do list. But this summer has been a terrific one for administrative law scholarship on SSRN. Here is the July 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.
- Remand and Dialogue in Administrative Law by Christopher J. Walker & James Saywell (George Washington Law Review forthcoming) [CJW Note: I’ve blogged more about this FOIA-driven project with Jim Saywell here.]
- Nondelegation As Constitutional Symbolism by Kristin E. Hickman (George Washington Law Review) [CJW Note: This is the foreword to the George Washington Law Review‘s annual administrative law issue, which also includes my article with Jim Saywell noted above and Kent Barnett’s How Chevron Deference Fits Into Article III.]
- The Force of Law After Kisor by Beau J. Baumann (Stetson Law Review forthcoming) [CJW: This article is strangely no longer on SSRN.]
- Dark Money Darker? IRS Shutters Collection of Donor Data by Philip Hackney (Florida Tax Review forthcoming)
- Arbitrariness Review (With Special Reference to the Social Cost of Carbon) by Cass R. Sunstein
- Trade’s Mini-Deals by Kathleen Claussen (Virginia Journal of International Law forthcoming)
- The Case for Chevron Deference to Immigration Adjudications by Patrick J. Glen (Duke Law Journal Online forthcoming) [CJW Note: This is a thoughtful response to Shoba Sivaprasad Wadhia and my Duke Law Journal article The Case Against Chevron Deference in Immigration Adjudication.]
- Science under Assault – Reflections on the War on the EPA: America’s Endangered Environmental Protections by Sara Colangelo (44 Public Land & Resources Law Review 1 (2021)) [CJW Note: This is a review of William Alley and Rosemarie Alley’s new book The War on the EPA: America’s Endangered Environmental Protections.]
- The Politics of Deference by Gregory Elinson & Jonathan Gould (Vanderbilt Law Review forthcoming) [CJW Note: This is a fun read on the partisan history of support and opposition to Chevron deference. FWIW, I think another part of the story for conservatives is a growing concern about federal agencies’ increasing use of old statutes to address new issues, which Jonathan Adler and I discuss elsewhere.]
- Understanding the Rise of Regulation During the Progressive Era: What Role for Austrian Economics? by Marc T. Law
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 Shea Daley for helping put together this monthly post. I’ll report back in September with the next edition.