Notice & Comment

Administrative Law SSRN Reading List, November 2018 Edition

Here is the November 2018 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. This month has been quite busy, so I don’t have time for my customary annotations of each article. (FWIW, I commented on many of these articles in last month’s reading list post.) But I wanted to make sure this post went live before the holidays so that folks have a nice winter-break reading list:

  1. ‘Faithful Execution’ and Article II by Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman (Harvard Law Review forthcoming)


  1. Deconstructing the Administrative State: Constitutional Debates over Chevron and Political Transformation in American Law by Craig Green


  1. Beyond Notice-and-Comment: The Making of the § 199A Regulations by Shu-Yi Oei & Leigh Osofsky


  1. The PTAB Is Not an Article III Court, Part 1: A Primer on Federal Agency Rule Making by David Boundy (American Bar Association Landslide, V. 10, 2017)


  1. Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation by Koren Wong-Ervin & Georgios Effraimidis (Competition Policy International forthcoming)


  1. The Evolving Role of Non-State Actors in Digital Era Government by Amanda Clarke


  1. Commercial Products and Services: Raising the Market Research Bar or Much Ado about Nothing? by Steven L. Schooner (Nash & Cibinic Report, V. 32, 2018)


  1. Administrative Oversight: Justice Gorsuch’s Patent Opinions, the PTAB, and the Antagonism Toward the Administrative State by Daniel Kim & Jonathan Stroud (Chicago-Kent Journal of Intellectual Property forthcoming)


  1. Private Enforcement in Administrative Courts by Michael Sant’Ambrogio (Vanderbilt Law Review forthcoming)


  1. Canonical Cases and Other Quodlibets: A Response to Professor Fallon by Seth Barrett Tillman (Texas Law Review Online 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 Sam Lioi for helping put together this monthly post. I’ll report back at the start of the new year with the next edition.

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