Today’s Ad Law Reading Room entry is “Governing by Assignment,” by Isaac Cui, Daniel E. Ho, Olivia Martin, and Anne Joseph O’Connell, which is forthcoming in the University of Pennsylvania Law Review. Here is the abstract: A pillar of administrative law is expertise, but government is increasingly missing experts. The U.S. federal government faces a […]

Today’s Ad Law Reading Room entry is “Not-So-Special Solicitude,” by Katherine Mims Crocker. Here is the abstract: In a high-profile case last term about state standing to sue in federal court, Justice Gorsuch deemed it “hard not to wonder why” the majority said “nothing about ‘special solicitude.’” The silence was indeed surprising, for in a […]

Today’s Ad Law Reading Room brings you not one, not two, but three entries (don’t worry, they are short, at least by law review standards). Back in October, the George Mason Law Review held a symposium on the future of Chevron. Three of the included articles tackled what judicial review of agency action would (or […]

Today’s Ad Law Reading Room entry is “Second-Class Administrative Law,” by Matthew Lawrence, which is forthcoming in the Washington University Law Review. Here is the abstract: Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative law does the opposite, however, […]

Today’s Ad Law Reading Room is “The Myth of the Federal Private Nondelegation Doctrine,” by Alexander Volokh, which was recently published by the Notre Dame Law Review and posted to SSRN. Here is the abstract: Judges and scholars have often claimed that delegations of governmental power to private parties are constitutionally prohibited. However, such a […]

Today’s Ad Law Reading Room entry is “Juristocracy and Administrative Governance: From Benzene to Climate,” by Rachel Rothschild. Here is the abstract: In a series of recent decisions culminating in West Virginia v. EPA, the Supreme Court relied on the newly named “major questions doctrine” to strike down agency regulations that protect public health and […]

Today’s Ad Law Reading Room is “Standing Without Injury,” by Jonathan H. Adler, which is forthcoming in the Wake Forest Law Review. Here is the abstract: It is well-established that injury in fact is an essential element of Article III standing, but should it be? Academics have long criticized the Supreme Court’s standing jurisprudence. These […]

Today’s Ad Law Reading Room Entry is “Saving Agency Adjudication,” by Aaron L. Nielson, Christopher J. Walker, and Melissa F. Wasserman. Here is the abstract: When discussing the federal judiciary, commentators typically fixate on the 800 or so “Article III” judges who are nominated by the President, confirmed by the Senate, and enjoy life tenure […]

Today’s Ad Law Reading Room Entry is “Internal Revenue’s External Borders,” by Shayak Sarkar, which is forthcoming in the California Law Review. Here is the abstract: The mandate of tax agencies seems clear: to secure revenue for the government and ensure taxpayer compliance. Yet for decades, the Internal Revenue Service (IRS) has regularly facilitated violent […]

Today’s Ad Law Reading Room entry is a bit different. There’s no abstract. There’s not even an article! Instead, I wanted to flag Daniel Walters’ new open-access administrative law casebook, “Administrative Law: A Public Casebook for the American Public Law System.” You can download the casebook from SSRN, but it’s also available over the H2O […]

Today’s Ad Law Reading Room entry is “Modernizing the Power of the Purse Statutes,” by Eloise Pasachoff, which is forthcoming in the George Washington Law Review. Here is the abstract: Two foundational statutes limit the executive branch’s important and necessary work in executing the budget against the backdrop of congressional control: the Antideficiency Act, dating […]

Today’s Ad Law Reading Room entry is “Separation of Powers by Contract: How Collective Bargaining Reshapes Presidential Power,” by Nicholas Handler, which is forthcoming in the NYU Law Review. Here is the abstract: This Article demonstrates for the first time how civil servants check and restrain presidential power through collective bargaining. The executive branch is […]

Today’s Ad Law Reading Room entry is “In Search of the Public Interest,” by Jodi L. Short, which was recently published in the Yale Journal on Regulation and posted to SSRN. Here is the abstract: “Public interest” standards in statutory delegations to agencies represent the greatest hopes and the darkest fears of the U.S. administrative […]

Today’s Ad Law Reading Room features “The Founders’ Purse” by Professor Christine Kexel Chabot. Here is the abstract: This Article addresses a new and impending war over the constitutionality of broad delegations of spending power to the executive branch. In an opening salvo, the Fifth Circuit held that Congress unconstitutionally delegated its power of the […]