This summer has been a good one for new administrative law scholarship. Here is the June 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.
- Interest-Group Theories of Regulation: A Skeptical Note by Cass R. Sunstein
- 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.]
- Executive Control of Agency Adjudication: Capacity, Selection and Precedential Rulemaking by David Hausman, Daniel E. Ho, Mark Krass & Anne McDonough [CJW Note: This is a fascinating empirical study on immigration adjudication, and a nice complement to Catherine Kim and Amy Semet’s Presidential Ideology and Immigrant Detention.]
- The Force of Law After Kisor by Beau J. Baumann (Stetson Law Review forthcoming)
- Legal Pragmatism and Presidential Power: A Case Study by Daniel A. Farber [CJW Note: This is a fun read, updating Farber’s earlier work on the subject to compare pragmatism and formalism in the presidential appointment and removal context.]
- Substance and Procedure in Local Administrative Law by Maria Ponomarenko (University of Pennsylvania Law Journal forthcoming) [CJW Note: I’ve blogged more about this terrific paper at the intersection of administrative law and local government law here.]
- Law Enforcement’s Lochner by Miriam H. Baer (105 Minnesota Law Review 1667 (2021)) [CJW Note: This article is outside of my wheelhouse, but looks like a fascinating read on corporate constitutional criminal procedure.]
- Infrastructure Reset: The Growth-By-Deregulation Alternative to Joe Biden’s American Jobs Plan by Clyde Wayne Crews Jr.
- What Do People Want to Know? Information Avoidance and Food Policy Implications by Cass R. Sunstein, Lucia Reisch & Micha Kaiser (Food Policy 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 Shea Daley for helping put together this monthly post. I’ll report back in August with the next edition.