Administrative Law SSRN Reading List, October 2014 Edition

by Christopher J. Walker — Friday, Oct. 31, 2014@chris_j_walker

Here is the October 2014 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 William Funk. 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.

Three of the top five papers from last month’s post remain in the top five this month, and two deal with Philip Hamburger‘s new book Is Administrative Law Unlawful?, which Jeff and I have blogged about here and here. The most-downloaded paper remains Adrian Vermeule‘s brilliantly titled and must-read review, “No,” which is forthcoming in the Texas Law Review. The fourth most-downloaded recent paper is Professor Hamburger’s “Deference to Administrative Interpretation: The Unasked Questions.” This paper builds on his book by raising two constitutional questions about judicial deference to agency statutory interpretations.

The third holdover from last month is Julie Hill‘s “When Bank Examiners Get It Wrong: Financial Institution Appeals of Material Supervisory Determinations,” which is forthcoming in theWashington University Law Review. In this paper, Professor Hill examines (based on materials obtained via FOIA) the appeals process for certain regulatory review of banking practices (material supervisory determinations) and makes three recommendations for how to improve the appeals process.

The first new entry — and second most-downloaded recent paper — is an eight-page essay by Glenn Harlan Reynolds, entitled “Don’t Fear the Leaker: Thoughts on Bureaucracy and Ethical Whistleblowing.” Irina Manta has blogged about it over at PrawfBlawg. The abstract speaks for itself: “In this brief Essay, I argue that rather than trying to eliminate leaks entirely, which experience demonstrates is impossible, we should instead try to channel leaks so that they provide the maximum benefit to transparency while reducing risks to national security and other secrecy concerns. I also offer some preliminary suggestions about how to accomplish this goal.”

Also new to the top five is my empirical study on agency statutory interpretation, “Inside Agency Interpretation,” which will be published in the Stanford Law Review next summer. I’ve blogged about the piece here and here. Reeve Bull has a great review and summary over at the Administrative Conference of the United States Administrative Fix BlogPaul Daly‘s post about the piece over atAdministrative Law Matters is also terrific.

And here is the rest of the top ten:

I’ll return to this list at the end of next month to check in again on what folks are reading/downloading from SSRN in administrative law and regulation.

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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