Administrative Law SSRN Reading List, November 2018 Edition

by Christopher J. Walker — Monday, Dec. 17, 2018@chris_j_walker

Here is the November 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. This month has been quite busy, so I don’t have time for my customary annotations of each article. (FWIW, I commented on many of these articles in last month’s reading list post.) But I wanted to make sure this post went live before the holidays so that folks have a nice winter-break reading list:

  1. ‘Faithful Execution’ and Article II by Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman (Harvard Law Review forthcoming)


  1. Deconstructing the Administrative State: Constitutional Debates over Chevron and Political Transformation in American Law by Craig Green


  1. Beyond Notice-and-Comment: The Making of the § 199A Regulations by Shu-Yi Oei & Leigh Osofsky


  1. The PTAB Is Not an Article III Court, Part 1: A Primer on Federal Agency Rule Making by David Boundy (American Bar Association Landslide, V. 10, 2017)


  1. Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation by Koren Wong-Ervin & Georgios Effraimidis (Competition Policy International forthcoming)


  1. The Evolving Role of Non-State Actors in Digital Era Government by Amanda Clarke


  1. Commercial Products and Services: Raising the Market Research Bar or Much Ado about Nothing? by Steven L. Schooner (Nash & Cibinic Report, V. 32, 2018)


  1. Administrative Oversight: Justice Gorsuch’s Patent Opinions, the PTAB, and the Antagonism Toward the Administrative State by Daniel Kim & Jonathan Stroud (Chicago-Kent Journal of Intellectual Property forthcoming)


  1. Private Enforcement in Administrative Courts by Michael Sant’Ambrogio (Vanderbilt Law Review forthcoming)


  1. Canonical Cases and Other Quodlibets: A Response to Professor Fallon by Seth Barrett Tillman (Texas Law Review Online forthcoming)


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 the new year with the next edition.

Cite As: Author Name, Title, 36 Yale J. on Reg.: Notice & Comment (date), URL.

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About Christopher J. Walker

Christopher Walker is a law professor at The Ohio State University Moritz College of Law. Prior to joining the law faculty, Professor Walker clerked for Justice Anthony Kennedy of the U.S. Supreme Court and worked on the Civil Appellate Staff at the U.S. Department of Justice. His publications have appeared in the California Law Review, Michigan Law Review, Stanford Law Review, and University of Pennsylvania Law Review, among others. Outside the law school, he serves as one of forty Public Members of the Administrative Conference of the United States and as Chair-Elect of the American Bar Association’s Section on Administrative Law and Regulatory Practice. He blogs regularly at the Yale Journal on Regulation.

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