Since 2015, I’ve had the privilege of serving as co-editor, currently with the brilliant Miriam Seifter, of the the Administrative Law Section of The Journal of Things We Like (Lots) (“Jotwell”). As I first noted on the blog eight years ago, Jotwell is a terrific resource for administrative law practitioners and scholars.
Roughly once a month, Jotwell’s Administrative Law Section publishes a short review of a current piece of administrative law scholarship, usually authored by one of our contributing editors who are all leading voices in the field (but we also consider guest reviews). These reviews situate the scholarship within the broader literature—and oftentimes also within the realities of administrative law practice—and then focus mainly on the things the reviewer likes (lots) about the piece.
This year the Administrative Law Section published eleven reviews (“jots”) of current scholarship in the field. Here is the rundown (in chronological order) with links to the reviews and the underlying papers:
- Margaret Kwoka, Elevating Marginalized Voices in Agency Decisionmaking, JOTWELL (January 5, 2022) (reviewing Brian D. Feinstein, Identity-Conscious Administrative Law: Lessons from Financial Regulators, 90 Geo. Wash. L. Rev. 1 (2022)).
- Richard Pierce, A Timely, Thorough, and Provocative Evaluation of the Presumption of Regularity, JOTWELL (February 2, 2022) (reviewing Aram A. Gavoor & Steven A. Platt, In Search of the Presumption of Regularity, 74 Fla. L. Rev. (forthcoming 2022)).
- Edward Rubin, Uncovering the Hidden World of Administrative Guidance, JOTWELL (March 4, 2022) (reviewing Nicholas R. Parrillo, Federal Agency Guidance and the Power to Bind: An Empirical Study of Agencies and Industries, 36 Yale J. on Regul. 165 (2019)).
- Anne Joseph O’Connell, Disputing Conflict Avoidance, JOTWELL (April 13, 2022) (reviewing Brian D. Feinstein & Abby K. Wood, Divided Agencies, 95 S. Cal. L. Rev. (forthcoming 2022)).
- Jack Beermann, Nondelegation and Originalism, JOTWELL (May 18, 2022) (reviewing Kurt Eggert, Originalism Isn’t What it Used to Be: The Nondelegation Doctrine, Originalism, and Government by Judiciary, 24 Chap. L. Rev. 707 (2021)).
- Richard Murphy, Whence Ex parte Young?, JOTWELL (June 16, 2022) (reviewing James E. Pfander & Jacob P. Wentzel, The Common Law Origins of Ex parte Young, 72 Stan. L. Rev. 1269 (2020)).
- Richard Pierce, The Administrative State As Seen Through a Chevron Lens, JOTWELL (July 19, 2022) (reviewing Thomas W. Merrill, The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State (2022)).
- Wendy Wagner, Embracing Conflict and Instability: A New Theory for the Administrative State, JOTWELL (August 17, 2022) (reviewing Daniel Walters, The Administrative Agon: A Democratic Theory for a Conflictual Regulatory State, 132 Yale L.J. 1 (2022)).
- Jodi Short, Legalizing the Politics of Care: The Search for the Moral Foundations of Administrative Law, JOTWELL (September 30, 2022) (reviewing Blake Emerson, Public Care in Public Law: Structure, Procedure, and Purpose, 16 Harv. L. & Pol’y Rev. 35 (2022)).
- Jack Beermann, The Role of Departments in the Design of the Federal Government, JOTWELL (November 1, 2022) (reviewing Blake Emerson, The Departmental Structure of Executive Power: Subordinate Checks from Madison to Mueller, 38 Yale J. on Regul. 90 (2021)).
- Margaret Kwoka, Against Government’s Reification of Business Secrecy, JOTWELL (December 1, 2022) (reviewing Christopher J. Morten, Publicizing Corporate Secrets, 171 U. Pa. L. Rev. (forthcoming 2023)).
If you haven’t had a chance to read these reviews and the underlying papers, definitely check them out!