Notice & Comment

Administrative Law SSRN Reading List, June 2016 Edition

Apologies for the delay, as it’s been a busy July here in Columbus. But here is the June 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.

1. Political Parties, Voting Systems, and the Separation of Powers by Stephen Gardbaum(American Journal of Comparative Law forthcoming 2017) [CJW Note: This piece nicely builds on Levinson and Pildes’ 2006 Harvard Law Review article Separation of Parties, Not Powerswith a fascinating comparative perspective.] 

2. 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.]

3. 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by Ross Davies (19 Green Bag 2d 283 (2016)) [CJW Note: A fascinating look by the Green Bag editor-in-chief at some new historical documents from case of a military trial of Nazi saboteurs.] 

4. Chevron Deference and Patent Exceptionalism by Christopher Walker (65 Duke Law Journal Online 149 (2016)) [CJW Note: This is my online contribution to the Duke Law Journal’s annual administrative law symposium, which I’ve blogged about here and here.]

5. Bureaucratic Oppression and the Tax System by Leslie Book (Tax Lawyer, Vol. 69, No. 3, 2016) [CJW Note: This is a really fun read on how to improve IRS service of earned income tax credit claimants, based on work done by administrative law scholars outside of the tax content.]

6. Policing as Administration by Christopher Slobogin (University of Pennsylvania Law Reviewforthcoming 2016) [CJW Note: This is a provocative proposal to require police to use notice-and-comment rulemaking and other administrative law procedures when policymaking.]

7. Constitutional Administration by Ilan Wurman (Stanford Law Review forthcoming) [CJW Note: We had a lively debate about an earlier version of this article over at the Law and Liberty Forum back in February: debate here; my contribution here.]

8. 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—another proposal somewhat like Slobogin’s to incorporate more administrative law in policing, this time with a focus on the Fourth Amendment and surveillance.]

9. Visual Rulemaking by Elizabeth Porter & Kathryn Watts (New York University Law Reviewforthcoming) [CJW Note: This is a really fun read documenting the rise of federal agencies (and the President) using social media in its regulatory efforts.]

10. The President’s Budget as a Source of Agency Policy Control by Eloise Pasachoff (125 Yale Law Journal 2182 (2016)) [CJW Note: Pasachoff is doing some really important work on the role of spending/budgeting in administrative law, and this is no exception.]

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 August with the next edition.

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