Here is the September 2022 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. Testing Textualism’s ‘Ordinary Meaning’ by Tara Leigh Grove (90 George Washington Law Review 101 (2022)) The National Security Consequences of the Major Questions Doctrine by Timothy Meyer & Ganesh Sitaraman (Michigan Law Review forthcoming) Is Criminal Law Unlawful? by Paul […]

The move from Ohio State to U Michigan this summer put the SSRN reading list series on hold. Now that things have settled down, the monthly post is back. And this month’s reading list coincidentally has a University of Michigan Law School theme to it, with papers by my colleagues Leah Litman, Dan Deacon, Julian […]

Here is the April 2021 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. A really fascinating set of papers, which I look forward to reading more closely once I submit grades! Here’s the list: Structural Biases in Structural […]

As someone whose research focuses on federal administrative law but teaching package also includes state and local government law, I love following the scholarship on state administrative law. The scholars who write on state administrative law—Miriam Seifter comes immediately to mind—are so creative. Few administrative law scholars, however, focus on local governments. That’s a real […]

I’ve been doing this monthly SSRN post for years, and we’ve had so many months full of great administrative law scholarship. But this last month may be my favorite so far, just such a rich collection of scholarship in one month. Here is the March 2021 Edition of the most-downloaded recent papers (those announced in […]

Lots of great new administrative law scholarship on SSRN this summer! Here is the August 2020 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. Rules, Commands and Principles in the Administrative State by Adrian Vermeule (Yale Law Journal […]

In our contribution to the 2021 Duke Law Journal administrative law symposium on Chevron deference, Shoba Sivaprasad Wadhia and I make the case against Chevron deference in immigration adjudication, and we argue that the federal regulators should shift the default from adjudication to rulemaking to make major immigration policy at the agency level. Among other things, shifting […]

Here is the July 2020 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. Freerolls by Annie Duke & Cass R. Sunstein The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive (Part I) by Jed Handelsman Shugerman […]

As I blogged about back in February, the Hastings Law Journal hosted a terrific live symposium on February 21st (the last time I traveled anywhere outside central Ohio for work) on Administrative Law in the Age of Trump. The law journal editors were absolutely fantastic, and the print issue from that symposium has now been […]

Two summers ago I shared some quick reactions to Sam Bray’s argument that the Administrative Procedure Act (APA) does not support nationwide injunctions to set aside an agency’s final rule. In that post, I expressed preliminary skepticism, based on the text and structure of the APA: “a final rule is an ‘agency action’ under the […]

I’m just barely getting my monthly post up before the end of the month, but I expect to get July’s post up earlier. There are some fantastic papers in this month’s list. Here is the June 2020 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law […]

As Aaron Nielson has previously noted on the blog, the 2021 edition of the Duke Law Journal‘s annual administrative law symposium will focus on the future of Chevron deference, with the lead article by Kristin Hickman and Aaron Nielson entitled Narrowing Chevron‘s Domain. Hickman and Nielson argue that the Supreme Court should consider eliminating Chevron […]

My April SSRN post is barely making it online before the end of May, as the last couple months have been both a blur and a trudge. (Among other things, I’ve discovered I am a very poor elementary school teacher as we’ve struggled with distance-learning/teaching our kids at home.) But there is a lot of […]

My colleague Mohamed Helal, who is currently serving as a legal counsel with the Egyptian Ministry of Foreign Affairs, has written a three-part, first-hand account over at Opinio Juris about the history and current negotiations on the Grand Ethiopian Renaissance Dam. It’s a fascinating read. Here’s the summary, from the first post: For almost a […]

Earlier this week, I participated virtually on a panel on the nondelegation doctrine and Congress’s role in the modern administrative, as part of the Federalist Society’s Eighth Annual Executive Branch Review Conference. Here is the video: And here’s the description of the panel: In Federalist Paper No. 51, James Madison argued that a system of […]