Today, the Ad Law Reading Room generously delivers two entries. The first entry is “Does the Law Ever Run Out?,” by Charles F. Capps. The second is “Pragmatics and Textualism,” by Lawrence B. Solum. Here is Capps’ abstract: Although laypeople commonly believe that a judge’s job is to decide every case as the law requires, […]

Today’s Ad Law Reading Room entry is “Nondelegation, Original Meaning, and Early Federal Taxation: A Dialogue With My Critics,” by Nicholas R. Parrillo, which was recently published by the Drake Law Review and posted to SSRN. (Note that the SSRN version includes an online-only appendix containing further dialogue. Parrillo also blogged about aspects of the […]

Today’s Ad Law Reading Room entry is “Presidential Control and Administrative Capacity,” by Nicholas Bednar, which is forthcoming in the Stanford Law Review. Here is the abstract: Presidential control is the power to direct administrative capacity toward the president’s own policy objectives. Accordingly, presidential power vis-à-vis administrative policymaking has two necessary components: control and capacity. […]

Today’s Ad Law Reading Room entry is “Petition Power,” by Erika Lietzan, which is forthcoming in the American University Law Review. Here is the abstract: The law cannot be kept secret. We cannot comply with rules that we do not know. Nor can we question their legitimacy, which is both our right and our duty […]

Today’s Ad Law Reading Room entry is “The Past and Future of Universal Vacatur,” by Mila Sohoni, which was recently published by the Yale Law Journal and posted to SSRN.  Here is the abstract: Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not […]

Today’s Ad Law Reading Room entry is “Ghostwriting Federalism,” by Adam Zimmerman, which was recently published by the Yale Law Journal and posted to SSRN. Here is the abstract: Notwithstanding the Supreme Court’s admonition that federal authorities should not “unduly interfere” with state government, federal agencies frequently write state laws. They draft model state acts. […]

Today’s Ad Law Reading Room entry is “After Courts: Democratizing Statutory Law,” by Ryan D. Doerfler & Samuel Moyn, which is forthcoming in the Michigan Law Review. Here is the abstract: In Federalist No. 78, Alexander Hamilton argued for locating interpretive authority over law separately from those institutions tasked with formulating it. Hamilton’s vision, never […]

Today’s Ad Law Reading Room entry is “Public Patent Powers,” by Laura Dolbow (soon to be of Colorado Law), which is forthcoming in the Michigan Law Review. Here is the abstract: Congress has created multiple structures for agencies to control how patents are used, but that institutional design choice has received little academic attention. This […]

Today’s Ad Law Reading Room entry is “FDA Leads, States Must Follow,” by Catherine M. Sharkey and Daniel J. Kenny, which is forthcoming in the Washington University Law Review. Here is the abstract: As deference to administrative agencies has steadily come under attack, the FDA is a desert oasis. Courts have long deferred to the […]

Today’s Ad Law Reading Room entry is “Governing by Assignment,” by Isaac Cui, Daniel E. Ho, Olivia Martin, and Anne Joseph O’Connell, which is forthcoming in the University of Pennsylvania Law Review. Here is the abstract: A pillar of administrative law is expertise, but government is increasingly missing experts. The U.S. federal government faces a […]

Today’s Ad Law Reading Room entry is “Not-So-Special Solicitude,” by Katherine Mims Crocker. Here is the abstract: In a high-profile case last term about state standing to sue in federal court, Justice Gorsuch deemed it “hard not to wonder why” the majority said “nothing about ‘special solicitude.’” The silence was indeed surprising, for in a […]

Today’s Ad Law Reading Room brings you not one, not two, but three entries (don’t worry, they are short, at least by law review standards). Back in October, the George Mason Law Review held a symposium on the future of Chevron. Three of the included articles tackled what judicial review of agency action would (or […]

Today’s Ad Law Reading Room entry is “Second-Class Administrative Law,” by Matthew Lawrence, which is forthcoming in the Washington University Law Review. Here is the abstract: Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative law does the opposite, however, […]

Today’s Ad Law Reading Room is “The Myth of the Federal Private Nondelegation Doctrine,” by Alexander Volokh, which was recently published by the Notre Dame Law Review and posted to SSRN. Here is the abstract: Judges and scholars have often claimed that delegations of governmental power to private parties are constitutionally prohibited. However, such a […]

Today’s Ad Law Reading Room entry is “Juristocracy and Administrative Governance: From Benzene to Climate,” by Rachel Rothschild. Here is the abstract: In a series of recent decisions culminating in West Virginia v. EPA, the Supreme Court relied on the newly named “major questions doctrine” to strike down agency regulations that protect public health and […]