Here is the January 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. Perhaps unsurprisingly, it looks like scholarship on AI or the nondelegation make up half the list. Here’s the top ten: AI in Adjudication and Administration: […]

Here is the December 2019 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: AI in Adjudication and Administration: A Status Report on Governmental Use of Algorithmic Tools in the United States by Cary Coglianese & Lavi Ben Dor […]

With the transition to the new blog platform, it appears that my October 2019 edition of the AdLaw SSRN reading list has disappeared. So I’m combining both the October and November lists in this post (with the year-end December post to come shortly after the new year). Here is the October 2019 Edition of the […]

As I first noted on the blog five 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 contributing editors who are all leading […]

This is a really exciting time to be studying administrative law, and the recent papers added to SSRN only underscore that. Here is the September 2019 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. The Judicial Demand for […]

Wendy Wagner (with Will Walker) has a great new book that should be of interest to administrative law nerds, entitled Incomprehensible!: A Study of How Our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It. It is a fascinating read. Here is the core thesis (at 6): Expert actors are often not […]

The Separation of Powers Law casebook coauthored by my colleague Peter Shane, with Hal Bruff and Neil Kinkopf, includes a 36-page section on impeachment. The publisher has agreed to make this section available for downloading without charge here (and permits its noncommercial reproduction for teaching and research purposes). Here’s a summary of those materials from Shane: […]

Nationwide or universal injunctions continue to be a hot topic in administrative law and federal courts, with Sam Bray leading the charge (at least in the legal academy) to get rid of them — as I noted in a prior post. Mila Sohoni has come to the nationwide injunction’s defense, at least as a constitutional […]

Last week over at Jotwell, I reviewed a terrific new article by Tara Leigh Grove entitled Presidential Laws and the Missing Interpretive Theory, which is forthcoming in the University of Pennsylvania Law Review. Here’s a snippet from my review: Although we spend some time on what then-Professor Elena Kagan coined “presidential administration” [in my 1L […]

September has been busy, and I’m just barely getting this month’s post up before October begins. But there were a lot of great new administrative law papers in August! I wish I had time to include short annotations this month. Here is the August 2019 Edition of the most-downloaded recent papers (those announced in the […]

With the end of summer and start of classes, August has been a busy one. But here is the July 2019 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. The President’s Tax Returns by Andy Grewal The Solicitor […]

The Iowa Law Review just published a terrific symposium at the intersection of administrative law and patent law, to which I contributed an essay entitled Constitutional Tensions in Agency Adjudication. Here’s a snippet from the symposium’s introduction, penned by the faculty symposium organizer Jason Rantanen (footnotes omitted): The United States Patent and Trademark Office (“USPTO”) […]

The Law and Political Economy Blog is hosting a really fascinating symposium entitled Democratizing Administrative Law. The symposium contributions are collected here. And here are links to the contributions published to date: Democratizing Administrative Governance: How the Civil Rights Movement Shaped Medicare’s Implementation, by David Barton Smith Reclaiming Notice and Comment, by Matthew Cortland & Karen Tani Critics […]

Earlier this week over at JOTWELL, Michael Herz reviewed Jennifer Nou’s latest work on bureaucratic resistance — Civil Servant Disobedience — which was just published in the Chicago-Kent Law Review as part of a terrific symposium Peter Strauss organized on administrative law in the Trump Administration. You can check out the full symposium issue here. Here’s […]

Here are the details and links to this terrific symposium, from the Chicago-Kent Law Review website: Vol. 94, Issue 2 The Trump Administration and Administrative Law SYMPOSIUM EDITOR Peter L. Strauss Columbia Law School Table of Contents Live Symposium Articles Preface Peter L. Strauss, Columbia Law School 94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 229 (2019) Prosecutors at the Periphery […]