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.

1. 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 J. Eckerstrom by Seth Barrett Tillman (21 University of Pennsylvania Journal of Constitutional Law Online 1 (2019); 21 University of Pennsylvania Journal of Constitutional Law forthcoming)
2. Article II Vests Executive Power, Not the Royal Prerogative by Julian Davis Mortenson (Columbia Law Review forthcoming)
3. Statutory Interpretation, Administrative Deference, and the Law of Stare Decisis by Randy J. Kozel (Texas Law Review forthcoming)
4. Regulatory Review in Anti-Regulatory Times by Daniel A. Farber
5. FVRA Cannot Be Used to Appoint an Acting Attorney General by Stephen Migala
6. Agency Pragmatism in Addressing Law’s Failure: The Curious Case of Federal ‘Deemed Approvals’ of Tribal-State Gaming Compacts by Kevin K. Washburn (52 Michigan Journal of Law Reform 49 (2018))
7. Engineering the Modern Administrative State, Part I: Political Accommodation and Legal Strategy in the New Deal Era by Daniel B. Rodriguez and Barry R. Weingast
8. Shaming Big Pharma by Sharon Yadin (Yale Journal on Regulation Bulletin forthcoming)
9. An American Approach to Social Democracy: The Forgotten Promise of the Fair Labor Standards Act by Kate Andrias (128 Yale Law Journal 616 (2019))
10. Federal Agency Guidance and the Power to Bind: An Empirical Study of Agencies and Industries by Nicholas R. Parrillo (36 Yale Journal on Regulation 165 (2019))

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 Sam Lioi for helping put together this monthly post. I’ll report back in April with the next edition.