Notice & Comment

Administrative Law SSRN Reading List, February 2017 Edition

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 is edited by Bill Funk. Unfortunately, I don’t have the bandwidth to provide commentary on each piece this month. But here is the top-ten list:

  1. The Endgame of Administrative Law: Governmental Disobedience and the Judicial Contempt Power by Nicholas Parrillo (Harvard Law Review forthcoming)
  1. Government Lawyers in the Trump Administration by W. Bradley Wendel
  1. Freedom of Information Beyond the Freedom of Information Act by David Pozen (University of Pennsylvania Law Review forthcoming)
  1. Rise of the Digital Regulator by Rory Van Loo (Duke Law Journal forthcoming)
  1. Lions Under the Bureaucracy: Review of Adrian Vermeule, ‘Law’s Abnegation: From Law’s Empire to the Administrative State’ by Evan Bernick (Federalist Society Review forthcoming)
  1. Is Cost-Benefit Analysis a Foreign Language? by Cass R. Sunstein (Quarterly Journal of Experimental Psychology forthcoming)
  1. Separation of Powers Legitimacy: An Empiracl Inquiry into Norms About Executive Power by Cary Coglianese & Kristin Firth (University of Pennsylvania Law Review, Vol. 164, P. 1869, 2016)
  1. Against Remedial Restraint in Administrative Law by Christopher Walker (Columbia Law Review Online forthcoming) (invited response to Nicholas Bagley, Remedial Restraint in Adminstrative Law, Columbia Law Review (forthcoming 2017))
  1. Presidential Maladministration by Josh Blackman
  1. Cost-Benefit Analysis and the Judicial Role by Jonathan Masur & Eric Posner

For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can check out the full rankings, updated daily, here.

Thanks to my terrific research assistant Brooks Boron for helping put together this monthly post. I’ll report back at the start of April with the next edition.