Category Archives: AdLaw Bridge Series

Procedural Politicking and Auer Deference

by Christopher J. Walker — Thursday, Aug. 8, 2019@chris_j_walker

Rachel Potter’s new book Bending the Rules: Procedural Politicking in the Bureaucracy is an absolute must-read for those interested in agency rulemaking and in administrative law and regulatory practice more generally. As the title suggests, the book explores empirically and theoretically how agency officials — both career civil servants and political appointees — leverage procedural […]

Herz on Nou on Bureaucratic Resistance

by Christopher J. Walker — Saturday, July 27, 2019@chris_j_walker

Earlier this week over at JOTWELL, Michael Herz reviewed Jennifer Nou’s latest work on bureaucratic resistance — Civil Servant Disobedience — which was just published in the Chicago-Kent Law Review as part of a terrific symposium Peter Strauss organized on administrative law in the Trump Administration. You can check out the full symposium issue here. Here’s […]

Nondelegation after Gundy

by Christopher J. Walker — Saturday, July 20, 2019@chris_j_walker

This Term, in Gundy v. United States, the Supreme Court once again considered whether a statutory grant of authority (here, under the Sex Sex Offender Registration and Notification Act) to a federal agency or executive branch official (here, the Attorney General) violates the nondelegation doctrine. As students of administrative law know, the Court has interpreted […]

Administrative Law SSRN Reading List, June 2019 Edition

by Christopher J. Walker — Thursday, July 18, 2019@chris_j_walker

Here is the June 2019 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. Sludge Audits by Cass R. Sunstein The President’s Tax Returns by Andy Grewal Antidiscrimination Laws and the Administrative State: A Skeptic’s Look at Administrative Constitutionalism […]

Administrative Law SSRN Reading List, May 2019 Edition

by Christopher J. Walker — Saturday, June 29, 2019@chris_j_walker

This has been such a busy month on the administrative law front, with the end of the Supreme Court’s Term producing a lot of material for future law review articles. In case you missed it, I posted on SCOTUSblog the opinion analysis for PDR Network v. Carlton & Harris Chiropractic (the Hobbs Act case) and on this blog […]

Administrative Law SSRN Reading List, April 2019 Edition

by Christopher J. Walker — Sunday, May 26, 2019@chris_j_walker

Here is the April 2019 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. Neoclassical Administrative Law by Jeffrey A. Pojanowski (Harvard Law Review forthcoming) [CJW Note: I read an earlier draft of this paper for our Third Annual Administrative Law […]

Bednar Response to Administrative Law’s Political Dynamics

by Christopher J. Walker — Monday, May 6, 2019@chris_j_walker

Last fall, in the Vanderbilt Law Review, Kent Barnett, Christina Boyd, and I published the latest article from our Chevron in the circuit courts dataset, titled Administrative Law’s Political Dynamics. Here’s the abstract for that paper: Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to […]

Administrative Law SSRN Reading List, March 2019 Edition

by Christopher J. Walker — Tuesday, Apr. 30, 2019@chris_j_walker

This spring has produced a lot of great administrative law scholarship and a robust and exciting summer reading list. Here is the March 2019 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. Article II Vests Executive Power, Not […]

Administrative Law SSRN Reading List, February 2019 Edition

by Christopher J. Walker — Sunday, Mar. 31, 2019@chris_j_walker

Here is the February 2019 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. On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the United States: A Response to Chief Judge Peter […]

Semet on Statutory Interpretation at the NLRB

by Christopher J. Walker — Thursday, Mar. 7, 2019@chris_j_walker

Over at JOTWELL last week, I reviewed Amy Semet’s terrific new article An Empirical Examination of Agency Statutory Interpretation, which is forthcoming in the Minnesota Law Review. Here’s a snippet from my review: Inspired by Lisa Bressman and Abbe Gluck’s pioneering empirical study on how congressional staffers approach drafting statutes, I spent months in 2013 surveying federal agency rule drafters on […]