Here is the October 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. Here’s the top ten:
1. Enforcement Discretion at the SEC by David T. Zaring (Texas Law Review forthcoming) [CJW: As I’d expect from anything Zaring writes, this is a terrific contribution to the current hot debate on SEC enforcement and adjudication powers.]
2. Federal Agencies in the Legislative Process: Technical Assistance in Statutory Drafting byChristopher J. Walker (Final Report for Administrative Conference of the United States, Nov. 2015) [CJW Note: The final report issued this week; if curious, you can check out the draft recommendation, which the ACUS Rulemaking Committee has approved and which the Conference will consider at its plenary conference in December, here.]
3. Is the Chief Justice a Tax Lawyer? by Stephanie R. Hoffer & Christopher J. Walker (2015Pepperdine Law Review 33 (2015)) [CJW: This short essay is our contribution to the Law Review’s tax symposium on King v. Burwell. The full symposium is here, with a great introduction by David Gamage here.]
4. Of Constitutional Custodians and Regulatory Rivals: An Account of the Old and New Separation of Powers by Jon D. Michaels (New York University Law Review forthcoming 2016) [CJW Note: I’ve added this to my reading list.]
6. Intra-Agency Coordination by Jennifer Nou (Harvard Law Review forthcoming 2015) [CJW Note: I read an early draft of this important piece on how agency structure affects agency behavior—a fascinating, must-read for agency officials and administrative law scholars.]
7. The Origins of Judicial Deference to Executive Interpretation by Aditya Bamzai [CJW Note: I read an earlier version of this article, and it’s another must-read—this one on the history of Chevron and judicial deference to agency statutory interpretations.]
8. Against Administrative Judges by Kent H. Barnett (UC Davis Law Review forthcoming 2016) [CJW Note: Kent writes such terrific stuff on administrative law judges, and this piece presents a compelling case for making most administrative judges (AJs) administrative law judges (ALJs)—with immigration judges coming immediately to my mind.]
9. Presidential Leadership and the Separation of Powers by Eric A. Posner [CJW Note: As to be expected, this is a provocative read!]
10. Inside Regulatory Interpretation: A Research Note by Christopher J. Walker (114 Michigan Law Review First Impressions 61 (2015)) [CJW Note: This is a short response of mine to Kevin M. Stack, Interpreting Regulations, 111 Mich. L. Rev. 355 (2012)]
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 December with the next edition.