Notice & Comment

Jotwell Administrative Law Section 2023 Year-End Review

Since 2015, I’ve served as co-editor, currently with the brilliant Miriam Seifter, of the the Administrative Law Section of The Journal of Things We Like (Lots) (“Jotwell”).  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 (and we also consider guest reviews). These reviews situate the scholarship within the broader literature—and often 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:

  1. Mila Sohoni, Form And Substance In The New Major Questions Doctrine, JOTWELL (January 12, 2023) (reviewing Daniel Deacon & Leah Litman, The New Major Questions Doctrine, 109 Virginia L. Rev. 1009 (2023)).
  2. Christopher Walker, Outsourcing Agency Rulemaking, JOTWELL (February 14, 2023) (reviewing Bridget C.E. Dooling & Rachel Augustine Potter, Regulatory Body Shops,75 Admin. L. Rev. (forthcoming)).
  3. Richard Murphy, Armageddon, but with OIRA Instead of Bruce Willis, JOTWELL (March 23, 2023) (reviewing Michael A. Livermore, Catastrophic Risk Review (working draft)).
  4. Michael E Herz, Harm Egalitarianism, JOTWELL (April 26, 2023) (reviewing Daniel Farber, Inequality and Regulation: Designing Rules to Address Race, Poverty, and Environmental Justice, 3 Am. J. L. & Equality 2 (2023)).
  5. Richard J. Pierce, Jr., Confused Merger Policy at the FTC, JOTWELL (May 25, 2023) (reviewing Daniel Sokol, Antitrust Merger Control as a Regulatory Sandbox, __ J. Corp. L. (forthcoming); Daniel Sokol, Marissa Ginn, Robert J. Calzaretta, Jr. & Marcello Santana, Antitrust Mergers and Uncertainty, Bus. Law. (forthcoming)).
  6. Wendy Wagner, NHTSA’s Incredible Journey from Industry Regulator to Surrogate Cop, JOTWELL (June 26, 2023) (reviewing Farhang Heydari, The Invisible Driver of Policing, 76 Stan. L. Rev. __ (forthcoming 2024)).
  7. Jodi Short, In Search of the Presidential Removal Power: What Venality (Offices as Property) Tells Us About the Constitutional Dogs that Did Not Bark and the Howling Hounds of Bureaucratic Accountability, JOTWELL (July 26, 2023) (reviewing Jed H. Shugerman, Freehold Offices vs. “Despotic Displacement”: Why Article II “Executive Power” Did Not Include Removal (working draft)).
  8. Emily Bremer, Finding the Public Interest (and the Rule of Law) in On-the-Ground Administration, JOTWELL (September 6, 2023) (reviewing Jodi L. Short, In Search of the Public Interest, 40 Yale J. on Regul. 759 (2023)).
  9. Christopher Walker, Revisiting Immigration Exceptionalism in Administrative Law, JOTWELL (October 4, 2023) (reviewing Emily Chertoff, Violence in the Administrative State, 112 Calif. L. Rev. (forthcoming)).
  10. Anne Joseph O’Connell, Agency Capacity, JOTWELL (October 27, 2023) (reviewing Nicholas R. Bednar & David E. Lewis, Presidential Investment in the Administrative State, Am. Pol. Sci. Rev. (first view, Mar. 13, 2023)).
  11. Edward Rubin, Major Contradictions at the Roberts Court, JOTWELL (November 30, 2023) (reviewing Jed H. Shugerman & Jodi L. Short, Major Questions About Presidentialism: Untangling the “Chain of Dependence” Across Administrative Law, 65 B.C. L. Rev. (forthcoming)).

If you haven’t had a chance to read these reviews and the underlying papers, definitely check them out! Thanks to our terrific group of regular reviewers as well as the scholars whose scholarship was featured this year for your contributions to the field!

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