Notice & Comment

Administrative Law SSRN Reading List, March 2016 Edition

Here is the March 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.

I’m guest-blogging over at PrawfsBlawg this month and on Monday we kick off a fantastic symposium here at Yale JREG on my co-blogger Peter Conti-Brown’s new book, so I don’t have the bandwidth to include brief comments for each piece per my standard practice. But here’s the top ten:

1. The Votes of Other Judges by Eric A. Posner & Adrian Vermeule

2. Beyond Legality: The Legitimacy of Executive Action in Immigration Law by Ming Hsu Chen(66 Syracuse Law Review 87 (2015–2016))

3. The Supreme Court’s Clean-Power Power Grab by Lisa Heinzerling (Georgetown Environmental Law Review forthcoming)

4. The Originalist Myth of the Unitary Executive by Peter M. Shane (University of Pennsylvania Journal of Constitutional Law forthcoming)

5. Referral, Remand, and Dialogue in Administrative Law by Christopher J. Walker (101 Iowa Law Review Online 84 (2016)) (invited response to Alberto R. Gonzales & Patrick Glen,Advancing Executive Branch Immigration Policy Through the Attorney General’s Review Authority, 101 Iowa Law Review 841 (2016)) [CJW Note: I blogged about this article and my response earlier this week here.]

6. Strategic Rulemaking Disclosure by Jennifer Nou & Jed Stiglitz (Southern California Law Review forthcoming)

7. The Perfect Process is the Enemy of the Good Tax: Tax’s Exceptional Regulatory Process byStephanie Hunter McMahon (Virginia Tax Review forthcoming)

8. Minimally Democratic Administrative Law by Jud Mathews

9. Assessing the Federal Trade Commission’s Privacy Assessments by Chris Jay Hoofnagle(14(2) IEEE Security & Privacy 58 (Mar/Apr. 2016))

10. The SEC’s Shift to Administrative Proceedings: An Empirical Assessment by Stephen J. Choi& Adam C. Pritchard

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 Molly Werhan for helping put together this monthly post. I’ll report back at the start of May with the next edition.


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