Administrative Law SSRN Reading List, October 2014 Edition
Here is the October 2014 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 William Funk. 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.
Three of the top five papers from last month’s post remain in the top five this month, and two deal with Philip Hamburger‘s new book Is Administrative Law Unlawful?, which Jeff and I have blogged about here and here. The most-downloaded paper remains Adrian Vermeule‘s brilliantly titled and must-read review, “No,” which is forthcoming in the Texas Law Review. The fourth most-downloaded recent paper is Professor Hamburger’s “Deference to Administrative Interpretation: The Unasked Questions.” This paper builds on his book by raising two constitutional questions about judicial deference to agency statutory interpretations.
The first new entry — and second most-downloaded recent paper — is an eight-page essay by Glenn Harlan Reynolds, entitled “Don’t Fear the Leaker: Thoughts on Bureaucracy and Ethical Whistleblowing.” Irina Manta has blogged about it over at PrawfBlawg. The abstract speaks for itself: “In this brief Essay, I argue that rather than trying to eliminate leaks entirely, which experience demonstrates is impossible, we should instead try to channel leaks so that they provide the maximum benefit to transparency while reducing risks to national security and other secrecy concerns. I also offer some preliminary suggestions about how to accomplish this goal.”
Also new to the top five is my empirical study on agency statutory interpretation, “Inside Agency Interpretation,” which will be published in the Stanford Law Review next summer. I’ve blogged about the piece here and here. Reeve Bull has a great review and summary over at the Administrative Conference of the United States Administrative Fix Blog. Paul Daly‘s post about the piece over atAdministrative Law Matters is also terrific.
6. A Framework for Judicial Review and Remand in Immigration Law, by Collin D Schueler(Denver University Law Review forthcoming) [CJW Note: I blogged more about this paper here.]
7. The Institutional Framework for Cost Benefit Analysis in Financial Regulation: A Tale of Four Paradigms?, by Robert P. Bartlett III [CJW Note: Mehrsa Baradaran blogged about this paperhere.]
8. Defining Section 5 of the FTC Act: The Failure of the Common Law Method and the Case for Formal Agency Guidelines, by Jan M. Rybnicek & Joshua D. Wright (21 George Mason Law Review 1287 (2014))
9. Foreword—Chevron at 30: Looking Back and Looking Forward, by Peter M. Shane &Christopher J. Walker (Fordham Law Review forthcoming) [CJW: I blogged about our symposium foreword here.]
I’ll return to this list at the end of next month to check in again on what folks are reading/downloading from SSRN in administrative law and regulation.