Administrative Law SSRN Reading List, February 2025 Edition

Here is the February 2025 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.
- The Misuse of Ratification-Era Sources by Unitary Executive Theorists by Jed H. Shugerman (University of Michigan Journal of Legal Reform forthcoming)
- Nudges and Nudging: A User’s Manual by Cass R. Sunstein (Social Influence, Edward Elgar (Daniel W. Barrett ed., forthcoming)
- Beyond Congestion Pricing by Gregory H. Shill (2025 Journal of Law & Mobility 1)
- State Capacity for Building Infrastructure by Zachary D. Liscow (edited by Melissa S. Kearney and Luke Pardue, Aspen Institute, 2024)
- The Administrative State’s Second Face by Emily Chertoff & Jessica Bulman-Pozen (N.Y.U. Law Review forthcoming)
- Standard Textualism by James Macleod (Michigan Law Review forthcoming)
- Agencies’ Unsound Discretion by John O. McGinnis & Leo J. Soh (Administrative Law Review forthcoming)
- Separation-of-Powers Lochnerism by Andrea S. Katz (Fordham Law Review forthcoming)
- The Civil-Criminal Convergence by Eli Nachmany (59 Wake Forest Law Review 693 (2024))
- Leashes, Not Guardrails: A Management-Based Approach to Artificial Intelligence Risk Regulation by Cary Coglianese & Colton R. Crum (Risk Analysis forthcoming)
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 Drake Marsaly for helping put together this monthly post. I’ll report back in April with the next edition.