Notice & Comment

Administrative Law SSRN Reading List, November 2015 Edition

Albeit a little later than usual, here is the November 2015 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.

Before turning to this month’s top ten list, it’s worth noting—especially for adlaw geeks who are interested in environmental law—that the Harvard Environmental Law Review just started a terrific monthly blog series where the editors survey the various relevant SSRN eJournals to identify some of the most interesting environmental law articles posted in the last 60 days. You can check out November’s edition here. I will make sure to include a link to each monthly post here as well.

Now, here’s the top ten for administrative law—a particularly strong set of papers:

1. Corporate Power Ratchet: The Courts’ Role in Eroding ‘We the People’s’ Ability to Constrain Our Corporate Creations by Leo E. Strine (Harvard Civil Rights- Civil Liberties Law Reviewforthcoming 2016)

2. Administrative Collusion: How Delegation Diminishes the Collective Congress by Neomi Rao (New York University Law Review forthcoming 2015) [CJW Note: This is a must-read piece by Rao—very provocative for those of us interested in a more nuanced account of the principal-agent model in administrative law.]

3. Vermeule Unbound by Philip Hamburger (Texas Law Review forthcoming) [CJW: I love this Hamburger-Vermeule debate. For those who haven’t been following it, Hamburger wrote a book entitled Is Administrative Law Unlawful?, in which he sets forth an argument against the modern administrative state—an argument that Justice Thomas incorporated into a number of dissents last Term. Vermeule penned a review of the book, brilliantly entitled No. Hamburger now replies to that response with a creative title of his own that alludes to Posner and Vermeule’s provocative book The Executive Unbound.]

4. The Constitutional Nature of the United States Tax Court by Brant J. Hellwig (Virginia Tax Review forthcoming) [CJW: This is a very fun read. My colleague Stephanie Hoffer and I have also addressed the status of the Tax Court in the modern administrative state here.]

5. Intra-Agency Coordination by Jennifer Nou (129 Harvard Law Review 421 (2015)) [CJW Note: This is a brilliant and must-read piece; in my opinion Nou’s article is one of the best administrative law articles to be published this year.]

6. When Can a State Sue the United States? by Tara Leigh Grove (Cornell Law Reviewforthcoming 2016) [CJW Note: I love reading anything that Grove writes, and this is no exception.]

7. Executive Federalism Comes to America by Jessica Bulman-Pozen (Virginia Law Reviewforthcoming 2016) [CJW Note: This is a very important contribution to the growing literature on the intersection of federalism and administrative law.]

8. Baptists, Bootleggers & Electronic Cigarettes by Jonathan H. Adler, Andrew P. Morriss,Roger E. Meiners & Bruce Yandle (Yale Journal on Regulation forthcoming) [CJW Note: This is a fun read. I hope my colleague and co-blogger Micah Berman can find some time to blog about this piece defending e-cigarettes.]

9. Opportunity Denied: How Overregulation Harms Minorities by Timothy Sandefur(testimony to the U.S. Senate Judiciary Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts)

10. FERC’s Expansive Authority to Transform the Electric Grid by Joel B. Eisen (UC Davis Law Review forthcoming 2016) [CJW Note: I’ve added this to my reading list.]

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 2016 with the next edition.


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