Here is the October 2016 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 really terrific set of papers.
- Law in the Anthropocene Epoch by Eric Biber [CJW Note: I’m a big fan of Biber’s coauthored work on regulatory permitting and licensing, which culminated in a terrific report for the Administrative Conference of the United States. This paper is a big-think piece about how the law and regulatory state will change in a new geologic time period. Really fascinating read.]
- English Experience and American Administrative Power by Philip Hamburger (Missouri Law Review forthcoming) [CJW Note: Here is Hamburger’s contribution to the Missouri Law Review‘s symposium A Future Without the Administrative State?. This piece responds to Paul Craig’s review of Hamburger’s book Is Administrative Law Unlawful? Further below is Craig’s reply to Hamburger’s response.]
- Designing Executive Agencies for Congressional Control by Brian Feinstein (Administrative Law Review forthcoming) [CJW Note: It’s definitely time for administrative law to focus more on Congress, so this piece is particularly timely with insightful analysis on the best practices for congressional oversight of the regulatory state.]
- Public-Private Cybersecurity by Kristen Eichensehr (Texas Law Review forthcoming) [CJW Note: Although this paper focuses on cybersecurity, there are important lessons here for privatization more generally.]
- Remedial Restraint in Administrative Law by Nicholas Bagley (Columbia Law Review forthcoming) [CJW Note: My co-blogger Nick Bagley presented an earlier draft of this paper at the First Annual Administrative Law New Scholarship Roundtable in June. It’s a provocative read, and I have much to say about it. But I’ll save those thoughts for my response to the article that will be published in the online companion to the Columbia Law Review.]
- English Foundations of US Administrative Law by Paul Craig [CJW Note: As noted above, this is Craig’s reply to Hamburger’s response to Craig’s review of Hamburger’s book.]
- Agencies and Arbitration by Daniel Deacon (Columbia Law Review forthcoming) [CJW Note: This is a great read, and it’s on my list of papers to highlight in the AdLaw Bridge Series.]
- Cost-Benefit Analysis by Amy Sinden (Encyclopedia of Environmental Law: Environmental Decision Making (Robert L. Glicksman, et al., eds.)) [CJW Note: This looks like a nice summary of CBA in the environmental context.]
- Agencies as Adversaries by Daniel Farber and Anne Joseph O’Connell (California Law Review forthcoming) [CJW Note: I first read a draft of this paper as part of a terrific research roundtable and conference put on by George Mason’s Center for the Study of the Administrative State, and it is one of my favorite papers to come out this year. A must-read for all adlaw geeks.]
- Blind Men and an Elephant: Three Partial Views of Public Administration by Alasdair Roberts [CJW Note: This looks like a fascinating read, attempting to bridge the gap between three different enterprises related to the study of public administration.]
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 Brooks Boron for helping put together this monthly post. I’ll report back at the start of December with the next edition.