Tag Archives: AdLaw Bridge Series

Administrative Law SSRN Reading List, June 2017 Edition

by Chris Walker — Friday, July 7, 2017@chris_j_walker

I’m still recovering from an exhausting but awesome Second Annual Administrative Law New Scholarship Roundtable, which my colleague Peter Shane and I hosted at Ohio State last week. I completely concur in Peter’s assessment of the roundtable (which he posted on Facebook last week): There are days that really remind you what academic life is like at […]

Mortazavi on Computer Analysis of Rulemaking Comments (AdLaw Bridge Series)

by Emily Bremer — Friday, June 23, 2017@emilysbremer

Technology has promised big benefits for public participation in notice-and comment rulemaking, but it has also presented new challenges for agencies.  For example, as the number of rulemaking comments has increased, so too has the administrative burden of reviewing those comments.  Can an agency use computer software to help ease this burden while still discharging its obligations under the APA?  Melissa Mortazavi addresses […]

Chevron’s Political Dynamics (AdLaw Bridge Series)

by Chris Walker — Friday, June 16, 2017@chris_j_walker

Last July Kent Barnett and I posted a draft of the first paper from our years-long coding project of every publish circuit court decision over an eleven-year period that dealt with Chevron deference. That paper is forthcoming in the Michigan Law Review later this year. I blogged about it here, and Dick Pierce reviewed it over […]

Administrative Law SSRN Reading List, May 2017 Edition

by Chris Walker — Saturday, June 10, 2017@chris_j_walker

Here is the May 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. Abuse of Power: The CFPB and Ocwen Financial Corp by Richard Christopher Whalen [CJW Note: The author does not seem to be a very big fan […]

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: […]