This summer the SSRN adlaw working paper series has provided for ample beach reading. June was no exception. Here is the June 2018 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.
- Regulatory Police by Rory Van Loo (Columbia Law Review forthcoming) [CJW Note: I heard Van Loo present the current draft of this paper at the Third Annual Administrative Law New Scholarship Roundtable last month at The School Up North.]
- Saving Governance-by-Design by Deirdre K. Mulligan & Kenneth A. Bamberger (106 California Law Review 697 (2018)) [CJW Note: This paper on governing through technology looks fascinating, and it’s definitely (still) on my summer reading list.]
- Envisioning Administrative Procedure Act Originalism by Evan D. Bernick (Administrative Law Review forthcoming) [CJW Note: Bernick is a newer voice on the adlaw scene, bringing an originalist lens to the Administrative Procedure Act. This is a great read, and itt complements nicely the important work of Kati Kovacs, among others, on interpreting the APA.]
- Centralized Review of Tax Regulations by Clint Wallace (Alabama Law Review forthcoming) [CJW Note: Wallace presented an earlier draft of this paper last summer at the Second Annual Administrative Law New Scholarship Roundtable, which my colleague Peter Shane and I hosted at Ohio State. It’s a great read, and even more timely now in light of the agreement Treasury and OMB reached in April to subject tax regulations to OIRA review.]
- Bureaucratic Resistance and the National Security State by Rebecca Ingber (Iowa Law Review forthcoming) [CJW Note: This is another fantastic paper that was presented at the Third Annual Administrative Law New Scholarship Roundtable last month.]
- The Welfare Effects of Information by Cass R. Sunstein [CJW Note: This is a fascinating exploration of how (and how not) agencies to take into account the welfare effects of information.]
- Congressional Power over Office-Creation by E. Garrett West (Yale Law Journal forthcoming) [CJW Note: This student note is an engaging read, arguing that Congress has exclusive office-creating powers and how that understanding sheds important light on debates about officer qualifications, removal restrictions, temporary appointments, and the officer-employee distinctions under the Appointments Clause.]
- Congress and the Independence of Federal Law Enforcement by Andrew Kent (U.C. Davis Law Review forthcoming) [CJW Note: This paper sets forth a menu of regular and “constitutionally aggressive” options for Congress to engage with the White House in its supervision of federal law enforcement. Some of these tools are detailed in Josh Chafetz’s terrific book Congress’s Constitution, which I reviewed earlier this year for the Michigan Law Review.]
- Reconstructing the Administrative State in an Era of Economic and Democratic Crisis by K. Sabeel Rahman (131 Harvard Law Review 131 (2018)) [CJW Note: This is Rahman’s thoughtful review of Jon Michaels’s book Constitutional Coup. Here at the blog we also hosted an online symposium on this terrific book. Also, just yesterday Demos announced that Rahman will serve is its next president. Congrats Sabeel!]
- The False Promise of Presidential Indexation by Daniel Jacob Hemel & David Kamin [CJW Note: In this paper, Hemel and Kamin argue, as a matter of law and policy, against current calls for the President to direct Treasury to promulgate a regulation that indexes capital gains for inflation.]
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 Sam Lioi for helping put together this monthly post. I’ll report back at the start of August with the next edition.