Administrative Law SSRN Reading List, September 2018 Edition

by Christopher J. Walker — Wednesday, Oct. 31, 2018@chris_j_walker

October has been a busy month, with the annual ABA Administrative Law Conference starting tomorrow.  So I’m just now posting the September 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 is a terrific selection of new papers, and I unfortunately do not have time to annotate them per my normal custom. Next month for sure! Here’s the list:

  1. Chevron As Law by Cass R. Sunstein (Georgetown Law Journal forthcoming)
  2. Deference Conservation—FOIA’s Lessons for a Chevron-Less World by John Brinkerhoff Jr. & Daniel Listwa (71 Stanford Law Review Online 146 (2018))
  3. Regulatory Bundling by Jennifer Nou & Edward Stiglitz (Yale Law Journal forthcoming)
  4. Chevron Without Chevron by Cass R. Sunstein (Supreme Court Review forthcoming)
  5. IRS Guidance—Rulemaking and Deference to IRS Statutory Interpretation by John A. Townsend
  6. Corporate Bankruptcy Hybridity by Melissa B. Jacoby (166 University of Pennsylvania Law Review 1715 (2018))
  7. Understanding State Agency Independence by Miriam Seifter (Michigan Law Review forthcoming)
  8. The Claims of Official Reason: Administrative Guidance on Social Inclusion by Blake Emerson (Yale Law Journal forthcoming)
  9. In Defense of a Little Judiciary: A Textual and Constitutional Foundation for Chevron by T.J. McCarrick (San Diego Law Review forthcoming)
  10. Technology Regulation by Default: Platforms, Privacy, and the CFPB by Rory Van Loo (2 Georgetown Law Technology Review 531 (2018))

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 November 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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