Notice & Comment

Administrative Law SSRN Reading List, June 2020 Edition

I’m just barely getting my monthly post up before the end of the month, but I expect to get July’s post up earlier. There are some fantastic papers in this month’s list. Here is the June 2020 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. The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive (Part I) by Jed Handelsman Shugerman
  2. “Administrative Constitutionalism:” Considering the Role of Agency Decisionmaking in American Constitutional Development by David E. Bernstein (Social Philosophy and Policy forthcoming)
  3. The Decisions of 1789 Were Non-Unitary: Removal by Judiciary and the Imaginary Unitary Executive (Part II) by Jed Handelsman Shugerman
  4. The Power to Vacate a Rule by Mila Sohoni (George Washington Law Review forthcoming)
  5. The End of Deference: How States Are Leading a (Sometimes Quiet) Revolution Against Administrative Deference Doctrines by Daniel Ortner
  6. Compliance Management Systems: Do They Make a Difference? By Cary Coglianese & Jennifer Nash (Cambridge Handbook of Compliance forthcoming)
  7. Mr. Gorsuch, Meet Mr. Marshall: A Private-Law Framework for the Public-Law Puzzle of Subdelegation by Gary Lawson (American Enterprise Institute forthcoming)
  8. Trade Administration by Kathleen Claussen (Virginia Law Review forthcoming)
  9. Deregulation and Private Enforcement by Brian T. Fitzpatrick (24 Lewis & Clark Law Review 685 (2020))
  10. The Non-Adversarial Fiction of Immigration Adjudication by Beth Katya Zilberman (Wisconsin Law Review forthcoming)

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 Morgan Huff for helping put together this monthly post. I’ll report back in August with the next edition.

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