The latest issue of the Yale Law Journal (and Yale Law Journal Forum) has a terrific series on the hot topic of cost-benefit analysis in financial regulation. I had planned on featuring John Coates’s important article-length contribution in the AdLaw Bridge Series, but Fabrizio Di Mascio over at the Osservatorio AIR beat me to the punch […]

Last fall I featured Mila Sohoni’s then-forthcoming University of Pennsylvania Law Review article, “The Power to Privilege,” in this Administrative Law Bridge Series. My post is here, and the article was published last month and can be downloaded here. In this article, Professor Sohoni explores a recent legislative development—from the Affordable Care Act—where Congress has delegated […]

A hot topic in administrative law is how to deal with congressional delegation of lawmaking authority to multiple agencies—with Jody Freeman and Jim Rossi’s terrific 2012 article coming immediately to mind. Most of this inquiry has focused on agency rulemaking and the role of the President (via the OMB/OIRA) in coordinating multi-agency regulatory efforts. So […]

Here is the January 2015 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 William Funk. 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 […]

The intersection of criminal law and administrative law is a fascinating one. It has been explored primarily and extensively in the context of immigration—so much so that there’s a whole field called crimmigration, with a terrific blog by César Cuauhtémoc García Hernández that covers the field. And most (though not all) of the focus there […]

The Constitution vests all legislative powers in Congress, yet Congress grants expansive lawmaking authority to federal agencies. The conventional model for understanding this relationship between Congress and the administrative state—as positive political theorists have long explored—is to view it in principal-agent terms. In other words, Congress delegates authority to federal agencies, and those agencies are […]

Over at Jotwell — the Journal of Things We Like (Lots) — Richard Murphy reviews one of Adrian Vermeule’s latest essays, “Rationally Arbitrary Decisions (in Administrative Law),” which is available on SSRN here. I should probably confess at the outset that Professor Vermeule is one of my favorite administrative law scholars, and I devour everything […]

As we enter the New Year, SSRN has some terrific new administrative law scholarship to consume. Here is the December 2014 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 William Funk. For more on why SSRN and this eJournal are […]

The Yale Journal on Regulation started this blog back in September. With the launch of the blog, I started the Administrative Law Bridge Series. Each week I’ve highlighted terrific scholarship in administrative law and regulation to help bridge the gap between theory and practice in the regulatory state. The introduction to the AdLaw Bridge Series […]

The Administrative Law Review and Yale Journal on Regulation publish terrific administrative law scholarship throughout the year. But I look forward to two special annual administrative law symposia: the George Washington Law Review‘s Annual Review of Administrative Law and the Duke Law Journal’s Annual Administrative Law Symposium. I blogged about DLJ’s symposium, entitled “Taking Administrative […]

Over at Jotwell — the Journal of Things We Like (Lots) — Betrall Ross has a terrific review of Jennifer Nou’s latest article “Sub-Regulating Elections.” This article was just published in the Supreme Court Review, and is available behind a paywall on JSTOR here. An earlier draft is also available (for free) on SSRN here. Here’s a summary […]

As I mentioned last week, the Green Bag just published a micro-symposium on Justice Antonin Scalia and Professor Bryan Garner‘s treatise Reading Law: The Interpretation of Legal Texts. I blogged about the first half of the symposium last week here. And I blogged about Reading Law‘s usefulness in the classroom and in administrative law practice here — […]

Yesterday I blogged about the first half of the Green Bag‘s micro-symposium on Scalia and Garner’s treatise Reading Law: The Interpretation of Legal Texts. That post is here, and the micro-symposium can be downloaded here. My terrific research assistant Andrew Mikac and I contributed a 1,000-word essay to the symposium, focusing on the usefulness of […]

Earlier this year the Green Bag — one of my favorite law journals — did a call for papers on Justice Antonin Scalia and Professor Bryan Garner’s treatise Reading Law: The Interpretation of Legal Texts. Scalia and Garner’s Reading Law has been the subject of much praise and criticism since it was published in 2012, with the headline […]

Over at the Journal of Things We Like (Lots) — aka Jotwell, the value of which I explain further here —  Jack Beermann has a great review of one of my favorite articles on cost-benefit analysis in financial regulation: Robert Ahdieh‘s Reanalyzing Cost-Benefit Analysis: Toward a Framework of Functions(s) and Form(s), which was published in the NYU Law Review. […]