Here is the November 2017 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. And it’s a terrific set of papers, perfect timing for law professor winter break reading (after grading finals!).
You’ll note one recurring theme: The 2017 Federalist Society National Lawyers Convention. That’s because the FedSoc Convention focused on administrative law, and many of the authors below presented at the Convention or their scholarship was otherwise mentioned on the panels. Video of most of the Convention is available here.
- The Morality of Administrative Law by Cass R. Sunstein & Adrian Vermeule (Harvard Law Review forthcoming) [CJW Note: This article is an absolute tour de force; as I noted on Twitter, I could teach an entire administrative law course based on this article. I need to find time to blog about this article.]
- Proposed Judgeship Bill by Steven G. Calabresi and Shams Hirji [CJW Note: Steve Calabresi nearly broke the internet (see, e.g., here, here, and here) with this proposal to expand the federal judiciary, and Gary Lawson informs us at Balkinization that Calabresi and his coauthor have pulled the paper from SSRN and will post a substantially revised draft soon. I did a quick post on the administrative law angle of the proposal last month. Also, Calabresi explained the administrative law aspects of his proposal at the FedSoc Convention last month. Video of that panel is here.]
- The Legal Problems (So Far) of Trump’s Deregulatory Binge by Lisa Heinzerling (Harvard Law & Policy Review forthcoming) [CJW Note: Heinzerling pulls no punches in criticizing the current administration’s approach to deregulation, in particular delaying or withdrawing regulations promulgated by the prior administration. As a side note, if you haven’t heard Heinzerling’s remarks from the FedSoc Convention, you should. Video is here.]
- ‘Better Off, as Judged by Themselves’: Bounded Rationality and Nudging by Cass R. Sunstein (Routledge Handbook on Bounded Rationality forthcoming) [CJW Note: In this short piece Sunstein further categorizes nudging.]
- Presidential Control Over International Law by Curtis A. Bradley & Jack Landman Goldsmith III (Harvard Law Review forthcoming) [CJW: Bradley and Goldsmith on presidential control of international law? Yes, please. Adding to the top of my reading list.]
- Restoring Congress’s Role in the Modern Administrative State by Christopher J. Walker (Michigan Law Review forthcoming) [CJW Note: This is my review of Josh Chafetz’s new book Congress’s Constitution. I spoke more on Chafetz’s book (and my review) at the FedSoc Convention. Video is here.]
- Restoring the Lost Anti-Injunction Act by Kristin E. Hickman & Gerald Kerska (Virginia Law Review forthcoming) [CJW Note: This paper could not have been better timed, in light of the Texas federal district court’s ruling in Chamber of Commerce v. IRS, in which the court held that the Anti-Injunction Act does not bar pre-enforcement judicial review of certain Treasury regulations.]
- Confessions of an ‘Anti-Administrativist’ by Aaron Nielson [CJW Note: This is my co-blogger (and occasional collaborator) Aaron’s response to Gillian Metzger’s provocative foreword to the Harvard Law Review Supreme Court Term issue. Justice Gorsuch called Aaron’s response “brilliant” in his FedSoc Convention keynote address. Also, be sure to check out Mila Sohoni’s terrific response to the foreword, A Bureaucracy — If Can Keep It.]
- An Empirical Study of Admissions in SEC Settlements by Verity Winship and Jennifer K. Robbennolt (Arizona Law Review forthcoming) [CJW Note: Another terrific empirical study on the SEC, this one on enforcement actions and whether settlements include admissions of wrongdoing.]
- Chevron’s Interstitial Steps by Cary Coglianese (85 George Washington Law Review 1339 (2017)) [CJW Note: I love reading Coglianese’s work, and this article is no exception. In it he argues that Chevron is actually a staircase of steps, with a number of interstitial steps between Chevron step on and two. If you can’t get enough of the Chevron steps, Kent Barnett and I have a draft of a new paper out on Chevron Step Two’s Domain, based on our empirical study of Chevron in the Circuit Courts.]
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 Kaile Sepnafski for helping put together this monthly post. I’ll report back at the start of the year with the next edition.