As I first noted on the blog four years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our terrific contributing editors who are all leading voices in the field. 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.
Since 2015, I’ve had the privilege to serve as co-editor of the Jotwell’s Administrative Law Section. It’s been so much fun to work with my brilliant co-editor Miriam Seifter and our wonderful regular contributors. This year the Administrative Law Section published thirteen reviews (“jots”) of current scholarship in the field. Here is the rundown (in chronological order) with links to the reviews and the underlying papers:
- Mila Sohoni, Did He Really Just Say That?, JOTWELL (January 31, 2018) (reviewing Katherine Shaw, Beyond the Bully Pulpit: Presidential Speech in the Courts, 96 Tex. L. Rev. 71 (2017).
- Richard Murphy, Just How Big an Envelope Will You be Needing for that Benefit-Cost Analysis?, JOTWELL (March 13, 2018) (reviewing Christopher Carrigan & Stuart Shapiro, What’s Wrong with the Back of the Envelope? A Call for Simple (and Timely) Benefit-Cost Analysis, 11 Regulation & Governance 203 (2017)).
- Eloise Pasachoff, Regional Administration and the American Experiment, JOTWELL (March 26, 2018) (reviewing Jessica Bulman-Pozen, Our Regionalism, 166 U. Pa. L. Rev. 377 (2018)).
- Michael E Herz, Once More Unto the Breach, Dear Friends — Levin on the Guidance Exception, JOTWELL (April 16, 2018) (reviewing Ronald Levin, Rulemaking and the Guidance Exception, 70 Admin. L. Rev. (forthcoming 2018)).
- Kristin Hickman, Administrative Law Scholarship in Our Present Political Moment, JOTWELL (May 15, 2018) (reviewing Gillian Metzger, The Supreme Court, 2016 Term—Foreword: 1930s Redux: The Administrative State Under Siege, 131 Harv. L. Rev. 1 (2017); Aaron L. Nielson, Response, Confessions of an “Anti-Administrativist,” 131 Harv. L. Rev. F. 1 (2017); Mila Sohoni, Response, A Bureaucracy—If You Can Keep It, 131 Harv. L. Rev. F. 13 (2017)).
- Bijal Shah, Putting Public Administration Back into Administrative Law, JOTWELL (June 12, 2018) (reviewing Gillian E. Metzger & Kevin M. Stack, Internal Administrative Law, 115 Mich. L. Rev. 1239 (2017)).
- Jodi Short, In Praise of Bureaucracy, JOTWELL (July 9, 2018) (reviewing Jon D. Michaels, The American Deep State, Notre Dame L. Rev. (forthcoming 2018)).
- Jack Beermann, Two Views on the Nationwide Injunction, JOTWELL (August 8, 2018) (reviewing Samuel L. Bray, Multiple Chancellors: Reforming the National Injunction, 131 Harv. L. Rev. 417 (2017); Amanda Frost, In Defense of Nationwide Injunctions, 93 N.Y.U. L. Rev. (forthcoming 2018)).
- Jeffrey Pojanowski, Rediscovering the APA, JOTWELL (September 20, 2018) (reviewing Evan D. Bernick, Envisioning Administrative Procedure Act Originalism, 70 Admin. L. Rev. (forthcoming 2018)).
- Cary Coglianese, Innovation and Regulatory Vigilance, JOTWELL (October 19, 2018) (reviewing Cristie Ford, Innovation and the State: Finance, Regulation, and Justice (2017)).
- Mila Sohoni, A Mixed Bag, JOTWELL (November 19, 2018) (reviewing Jennifer Nou & Edward H. Stiglitz, Regulatory Bundling, 128 Yale L.J. __ (forthcoming 2019)).
- Margaret Kwoka, The Power of the Watchful Eye, JOTWELL (November 30, 2018) (reviewing Rory Van Loo, Regulatory Monitors, Colum. L. Rev. (forthcoming 2019).
- Michael E Herz, Plus Ça Change: A Century-Old Removal For Cause, JOTWELL (December 14, 2018) (reviewing Aditya Bamzai, Taft, Frankfurter, and the First Presidential For-Cause Removal, 52 U. Rich. L. Rev. 691 (2018)).
If you haven’t already read these reviews and underlying papers, perhaps add them to your winter-holiday reading list! We have a number of jots already in the queue for 2019, including my review of Amy Semet’s terrific new article An Empirical Examination of Agency Statutory Interpretation, which is forthcoming in the Minnesota Law Review.
This post is part of the Administrative Law Bridge Series, which highlights terrific scholarship in administrative law and regulation to help bridge the gap between theory and practice in the regulatory state. The Series is further explained here, and all posts in the Series can be found here.