Category Archives: AdLaw Bridge Series

Barnett and Walker on Coenen and Davis on the New Major Questions Doctrine (AdLaw Bridge Series)

by Chris Walker — Tuesday, May 16, 2017@chris_j_walker

As my co-blogger Aaron Nielson covered in his D.C. Circuit Review — Reviewed “postscript” two weeks ago, the D.C. Circuit recently denied rehearing in United States Telecom Ass’n v. FCC, which was the challenge to the FCC’s net neutrality regulations. Among more than one hundred pages of separate opinions concerning the denial, Judge Kavanaugh has a […]

Administrative Law SSRN Reading List, April 2017 Edition

by Chris Walker — Tuesday, May 9, 2017@chris_j_walker

Here is the April 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. Moral Commitments in Cost-Benefit Analysis by Eric Posner & Cass Sunstein [CJW Note: This is a great paper about quantifying moral values in cost-benefit analysis by eliciting […]

Murphy on Funk on Final Agency Action (AdLaw Bridge Series)

by Chris Walker — Saturday, Apr. 29, 2017@chris_j_walker

Over at Jotwell, Chip Murphy reviews Bill Funk‘s short essay Final Agency Action after Hawkes, which is forthcoming in the New York University Journal of Law and Liberty. Here’s a summary of Funk’s essay from the SSRN abstract: On May 31, 2016, the Supreme Court decided United States Army Corps of Engineers v. Hawkes Co. (Hawkes), […]

The Agency Declaratory Judgment

by Emily Bremer — Saturday, Apr. 29, 2017@emilysbremer

For your weekend reading pleasure, I offer my latest article, The Agency Declaratory Judgment, which is now available on SSRN and is forthcoming in the Ohio State Law Journal.  The article examines a useful provision of the APA with which you may be unfamiliar (really!).  That provision is 5 U.S.C. 554(e).  It states that an agency “with like effect as […]

Feinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge Series)

by Emily Bremer — Saturday, Apr. 22, 2017@emilysbremer

Political control of administrative agencies is a hot topic these days.  And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture.  Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]

Administrative Law SSRN Reading List, March 2017 Edition

by Chris Walker — Wednesday, Apr. 5, 2017@chris_j_walker

Here is the March 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. I wish I had more time comment, as this month has a particularly strong set of papers. Here’s the list: The Endgame of Administrative Law: […]

Klonick on the New Governors of Online Speech (AdLaw Bridge Series)

by Emily Bremer — Tuesday, Mar. 21, 2017@emilysbremer

Kate Klonick has a fascinating new article forthcoming in the Harvard Law Review examining how private online platforms, including Facebook, Twitter, and YouTube, regulate user speech.  Entitled The New Governors: The People, Rules, and Processes Governing Online Speech, the article is an important contribution to the understanding of how private entities regulate conduct and enforce public law norms […]

Bull & Ellig on Improving Regulatory Impact Analysis via Judicial Review (AdLaw Bridge Series)

by Chris Walker — Saturday, Mar. 11, 2017@chris_j_walker

Earlier this month the Center for the Study of the Administrative State hosted a terrific public policy conference on the Hill entitled The Time for Regulatory Reform in Congress. We discussed most of the  legislative regulatory reform proposals pending in Congress as well as a number of additional ideas that scholars have suggested. Video of the panels and […]

Administrative Law SSRN Reading List, February 2017 Edition

by Chris Walker — Monday, Mar. 6, 2017@chris_j_walker

As I predicted in last month’s SSRN post, with the Spring law review submission cycle upon us we’re starting to see some really terrific new papers being posted to SSRN. Here is the February 2017 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which […]

Symposium Issue: A Future Without the Administrative State? (AdLaw Bridge Series)

by Chris Walker — Tuesday, Feb. 28, 2017@chris_j_walker

Last March the Missouri Law Review hosted a terrific symposium, organized by Professor Erin Morrow Hawley, entitled A Future Without the Administrative State? (video here). The published issue from the symposium was just posted to the Law Review‘s website. I tweeted out thread of summaries/links to each piece here. Professor Hawley’s introduction is definitely a […]