Category Archives: AdLaw Bridge Series

Administrative Law SSRN Reading List, October 2017 Edition

by Chris Walker — Tuesday, Nov. 7, 2017@chris_j_walker

Here is the October 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. Misconceptions About Nudges by Cass R. Sunstein [CJW Note: As I noted last month, this 12-page essay by Sunstein already has nearly 2,000 downloads on SSRN. […]

My Thoughts via Jotwell on Dynamic Rulemaking (AdLaw Bridge Series)

by Chris Walker — Wednesday, Oct. 25, 2017@chris_j_walker

Over at Jotwell last month, I reviewed a terrific new article by Wendy Wagner, William West, Thomas McGarity, and Lisa Peters entitled Dynamic Rulemaking. It was published in the NYU Law Review earlier this year. Here’s a taste of the review: Despite bipartisan calls for more-rigorous retrospective review, we have little empirical insight into how agencies review regulations today. Enter […]

Administrative Law SSRN Reading List, September 2017 Edition

by Chris Walker — Saturday, Oct. 21, 2017@chris_j_walker

Yes, this is coming out a few weeks late. It’s been a busy month here, including a six-day trip to Vegas for my twentieth high school reunion. Jen and I decided to fly out with all four little kids, which helped me better understand the difference between a “vacation” and a “family vacation.” But September […]

Reinvigorating Congress’s Oversight Role of the Federal Bureaucracy

by Chris Walker — Wednesday, Oct. 18, 2017@chris_j_walker

As I noted last month, the ABA Annual Administrative Law Conference is my favorite adlaw event of the year. This year’s program, which starts tomorrow, might be the best one (I’ve attended) to date. Lots of great panels, so check out the full program here. The first panel of the day — Reinvigorating Congress’s Oversight Role […]

Gelbach and Marcus on Judicial “Problem-Oriented Oversight” of Mass Agency Adjudication (AdLaw Bridge Series)

by Chris Walker — Wednesday, Oct. 4, 2017@chris_j_walker

Last year the Administrative Conference of the United States adopted a recommendation for special procedural rules for social security litigation in the federal district court, based on an incredible empirical study on by Jonah Gelbach and David Marcus. (All of the ACUS project documents are collected here.) The study focused on, among other things, judicial remand […]

Webley on Verbose Rulemaking Preambles (AdLaw Bridge Series)

by Emily Bremer — Monday, Sept. 25, 2017@emilysbremer

Alec Anthony Webley has an interesting article, Seeing through a Preamble, Darkly: Administrative Verbosity in an Age of Populism and ‘Fake News’, forthcoming in the Administrative Law Review.  The article argues that the purpose of the APA’s requirement that agencies provide a “concise general statement of [a rule’s] basis and purpose” is defeated by the length […]

A Status Update on Criticisms of Auer and Chevron Deference

by Chris Walker — Monday, Sept. 11, 2017@chris_j_walker

Back in April the Georgetown Center for the Constitution and the Institute for Justice organized a terrific conference entitled Challenging Administrative Power. The Georgetown Journal of Law and Public Policy generously agreed to publish the papers presented at the conference, and that conference issue is forthcoming early next year. For my short conference contribution, I decided […]

Administrative Law SSRN Reading List, August 2017 Edition

by Chris Walker — Wednesday, Sept. 6, 2017@chris_j_walker

Last month was a particularly good one for administrative law scholarship on SSRN, with a number of great new papers from the “who’s who” and “risings stars” in the field. Unfortunately I lack the bandwidth this month to comment on each piece. But here is the August 2017 edition of the most-downloaded recent papers (those […]

Administrative Law SSRN Reading List, July 2017 Edition

by Chris Walker — Monday, Aug. 14, 2017@chris_j_walker

Lots of great new adlaw scholarship this summer! Here is the July 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. The Politics of Invoking Chevron Deference by Kent H. Barnett, Christina L. Boyd & Christopher J. Walker [CJW Note: This […]

Shane on Seifter on Gubernatorial Administration (AdLaw Bridge Series)

by Chris Walker — Saturday, Aug. 12, 2017@chris_j_walker

Last month over at Jotwell my colleague Peter Shane published a terrific review of one of my favorite new administrative law articles of the year: Miriam Seifter’s Gubernatorial Administration, which is forthcoming in the Harvard Law Review. Miriam’s article is brilliant, and such an important contribution to the field and a call for more of us […]