Notice & Comment

Administrative Law SSRN Reading List, September 2016 Edition

SSRNSeptember was a good month for administrative law scholarship on SSRN, perhaps in part because scholars posted articles that they placed with law reviews in the fall cycle. I look forward to blogging about a number of these articles in greater detail as part of my AdLaw Bridge Series.

At any rate, here is the September 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.

  1. Output Transparency v. Input Transparency by Cass Suntein [CJW Note: I’ve been thinking a lot lately about the value of transparency in administrative law for my Legislating in the Shadows paper (link below), and this short essay has helped me reframe my perspective on this point.]
  1. On Mandatory Labeling, With Special Reference to Genetically Modified Foods by Cass Suntein (University of Pennsylvania Law Review forthcoming) [CJW Note: As I noted last month, this paper looks fascinating, and is on my reading list.]
  1. Legislating in the Shadows by Christopher Walker (University of Pennsylvania Law Review forthcoming) [CJW Note: As I further explain in this post, this paper builds on my ACUS report on the role of federal agencies in the legislative process. It won’t be published until next summer, so comments are definitely welcome.]
  1. Inside the Agency Class Action by Michael Sant’Ambrogio & Adam Zimmerman (Yale Law Journal forthcoming) [CJW Note: This is a terrific and important article that similarly builds on the authors’ ACUS report. Michael Sant’Ambrogio presented an earlier draft of this paper at the First Annual Administrative Law New Scholarship Roundtable in June.]
  1. Beyond Seminole Rock by Aaron Nielson (Georgetown Law Journal forthcoming) [CJW Note: This paper provides an insightful framework for thinking about systemic change in administrative law, and it was a cornerstone for the blog’s recent Auer deference online symposium. My co-blogger Aaron Nielson also presented an earlier draft of this paper at the Administrative Law New Scholarship Roundtable.]
  1. Restoring Chevron’s Domain by Jonathan Adler (Missouri Law Review forthcoming) [CJW Note: Here is Jonathan Adler’s contribution to the Missouri Law Review‘s symposium A Future Without the Administrative State?. This was a really fun symposium with a number of terrific written contributions. For instance, Philip Hamburger just posted a draft of his contribution, which responds to Paul Craig’s review of Hamburger’s book Is Administrative Law Unlawful?]
  1. A Study of Social Security Disability Litigation in the Federal Courts by Jonah Gelbach & David Marcus (Final Report to the Administrative Conference of the United States) [CJW Note: This is an extremely important ACUS report that has helped me rethink some of my own work on administrative law’s ordinary remand rule, especially in the context of agency adjudication.]
  1. Administrative Answers to ‘Major Questions’: On the Democratic Authority of Agency Statutory Interpretation by Blake Emerson [CJW Note: Looks fascinating; added to my reading list.]
  1. Restoring Lost Confirmation by Randy Barnett & Josh Blackman (83 University of Chicago Law Review Online 18 (2016) [CJW: This is a short, timely, and fun read about how to rethink the judicial confirmation process.]
  1. Remedial Restraint in Administrative Law by Nicholas Bagley (Columbia Law Review forthcoming) [CJW Note: Here is yet another paper from the Administrative Law New Scholarship Roundtable, and it’s a very provocative read by my co-blogger Nick Bagley. I have so much more to say, but will save that for another time.]

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 November with the next edition.



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