Happy new year! 2017 was a great year for administrative law scholarship. Here is the final (December) 2017 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 Bureaucracy – If You Can Keep It by Mila Sohoni (131 Harvard Law Review Forum 13 (2017)) [CJW: This is Sohoni’s terrific response to Gillian Metzger’s provocative Harvard Law Review foreword titled 1930s Redux: The Administrative State Under Siege.]
- Presidential Control Over International Law by Curtis A. Bradley and Jack Landman Goldsmith III (Harvard Law Review forthcoming) [CJW: Still at the top of my to-do reading list.]
- Brief of Professor Aditya Bamzai as Amicus Curiae in Support of Neither Party, Dalmazzi et al. v. United States by Aditya Bamzai [CJW: This brief is so good and important that the Supreme Court just granted Bamzai oral argument as amicus curiae.]
- Chevron Step Two’s Domain by Kent H. Barnett & Christopher J. Walker (Notre Dame Law Review forthcoming) [CJW Note: This is Kent and my contribution to the Notre Dame Law Review symposium on administrative law, which Jeff Pojanowski blogged about last year here. Our essay draws on our empirical study of Chevron in the circuit courts, focusing here on how circuit courts approach step two.]
- Confessions of an “Anti-Administrativist” by Aaron Nielson (Harvard Law Review Forum, P. 13, 2017) [CJW Note: This is my co-blogger (and occasional collaborator) Aaron’s response to Metzger’s foreword. Justice Gorsuch called Aaron’s response “brilliant” in his FedSoc Convention keynote address.]
- Classical Liberal Administrative Law in a Progressive World by Michael B. Rappaport (Classical Liberalism Handbook forthcoming) [CJW: Rappaport presented this big-think paper on reforming administrative law at the AALS/Federalist Society conference last week. I blogged about our panel, with a link to the video, here. He’s also blogged about the paper in a series of posts over at the Law and Liberty here.]
- From the History of the Theory of Administrative Constitutionalism by Sophia Z. Lee (Administrative Law from the Inside Out: Essays on Themes in the Work of Jerry L. Mashaw (Nicholas R. Parrillo ed., Cambridge 2017)) [CJW: This looks like a fascinating book chapter on the historical foundations for administrative constitutionalism.]
- Taking Care of the Rule of Law by David S. Rubenstein (George Washington Law Review forthcoming) [CJW Note: This is a deep-dive comparison of the Obama and Trump Administrations’ approaches to immigration enforcement.]
- What Congress’s Repeal Efforts Can Teach Us About Regulatory Reform by Cary Coglianese and Gabriel Scheffler (3 Administrative law Review Accord 43 (2017)) [CJW Note: This short essay argues that Congress’s use of the Congressional Review Act to invalidate some 15 final agency rules this year demonstrates similar problems with the REINS Act.]
- Adaptation Nation: Three Pivotal Transitions in American Law & Society Since 1886 (The Henry Lecture, University of Oklahoma Law School) by Mariano-Florentino Cuellar (Oklahoma Law Review forthcoming) [CJW Note: Justice Cuellar was my administrative law professor at Stanford and has been a generous mentor and friend ever since. He’s also a terrific scholar, and this essay is no exception.]
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 subject here. You can check out the full rankings, updated daily, here.
Thanks to my terrific research assistant Kaile Sepnafski for helping put together this monthly post. I’ll report back at the start of February with the next edition.