Category Archives: AdLaw Bridge Series

Administrative Law SSRN Reading List, February 2019 Edition

by Chris 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 Chris 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 […]

Administrative Law SSRN Reading List, January 2019 Edition

by Chris Walker — Thursday, Feb. 28, 2019@chris_j_walker

Just barely getting this up in February, but here is the January 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 […]

Kozel on Stare Decisis and Overturning Chevron and Auer Deference

by Chris Walker — Saturday, Jan. 26, 2019@chris_j_walker

This week the Supreme Court set oral argument in Kisor v. Wilkie for March 27th. Kisor presents the question whether the Court should overturn Auer deference — the doctrine that commands courts to defer to an agency’s interpretation of its own regulation so long as it is not plainly inconsistent. Last year I published a short […]

Administrative Law SSRN Reading List, December 2018 Edition

by Chris Walker — Friday, Jan. 25, 2019@chris_j_walker

This year has been a terrific one for new administrative law scholarship, and I’m looking forward to drafts of new papers being posted to SSRN in the coming weeks and months as the spring law review submission cycle begins. But here is the final 2018 edition — the December 2018 Edition — of the most-downloaded […]

Is a Wealth Tax Constitutional?

by Chris Walker — Thursday, Jan. 24, 2019@chris_j_walker

With the Washington Post breaking the news today that Elizabeth Warren has proposed a wealth tax, my super-smart tax colleague Ari Glogower has posted to SSRN a working draft of a new paper that explores the constitutionality of various approaches to a wealth tax. For those interested in the subject, it’s definitely worth a read. […]

Jotwell Administrative Law Section Year-End Review

by Chris Walker — Tuesday, Dec. 18, 2018@chris_j_walker

As I first noted on the blog four years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our terrific contributing editors who are all […]

Administrative Law SSRN Reading List, November 2018 Edition

by Chris Walker — Monday, Dec. 17, 2018@chris_j_walker

Here is the November 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 month has been quite busy, so I don’t have time for my customary annotations of each article. (FWIW, I commented on many of these […]

Walters on Testing Auer Skeptics’ Self-Delegation Hypothesis (AdLaw Bridge Series)

by Chris Walker — Tuesday, Dec. 11, 2018@chris_j_walker

As I noted back in July, the Supreme Court appeared to have a decent vehicle to consider whether to overrule Auer (aka Seminole Rock) deference — the doctrine that commands courts to defer to a federal agency’s interpretation of its own regulation unless the agency’s interpretation is “plainly erroneous or inconsistent with the regulation.” Yesterday the Court granted that […]

Administrative Law SSRN Reading List, October 2018 Edition

by Chris Walker — Thursday, Nov. 29, 2018@chris_j_walker

Here is the October 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. ‘Faithful Execution’ and Article II by Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman (Harvard Law Review forthcoming) [CJW Note: This is a fascinating deep […]