I’m a little late this month with this post, but here is the February 2023 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. Perhaps not surprisingly, there are quite a few papers this month exploring various aspects of the Supreme Court’s new major questions doctrine. But it’s also fun to see tax exceptionalism make an appearance!

1. The New Judicial Power Grab by Josh Chafetz (67 St. Louis Law Journal forthcoming)
2. Interpreting the Administrative Procedure Act: A Literature Review by Christopher J. Walker and Scott MacGuidwin (98 Notre Dame Law Review forthcoming)
3. The Roberts Court’s Functionalist Turn in Administrative Law by Thomas Koenig and Ben Pontz (46 Harvard Journal of Law and Public Policy forthcoming)
4. Unheralded and Transformative: The Test for Major Questions After West Virginia by Natasha Brunstein and Donald L. R. Goodson (47 William & Mary Environmental Law & Policy Review 47 (2022))
5. The Major Questions Doctrine: Unfounded, Unbounded, and Confounded by Ronald M. Levin (California Law Review forthcoming)
6. The Major Questions Doctrine at the Boundaries of Interpretive Law by Daniel Walters (Iowa Law Review forthcoming)
7. Alexander Hamilton, the Nondelegation Doctrine, and the Creation of the United States by Aditya Bamzai (45 Harvard Journal of Law and Public Policy 795 (2022))
8. Democratically Durable Regulation by Gabriel L. Levine
9. Judicial Deference and Doctrinal Clarity by Aditya Bamzai (82 Ohio State Law Journal 585 (2021))
10. Against Anti-Tax Exceptionalism by David A. Weisbach (77 Tax Law Review (2023))

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