Category Archives: AdLaw Bridge Series

Shedding Light on Agency Lawmaking in the Shadows, by Rebecca Turnbull

by Guest Blogger — Monday, Oct. 28, 2019

If I had to reach a common conclusion from comparing Presidential Laws and the Missing Interpretive Theory by Professor Tara Leigh Grove and Legislating in the Shadows by Professor Christopher Walker, it would be that “all legislative powers” vested in Congress by the Constitution seem to be leaking out of that body and into the […]

Administrative Law SSRN Reading List, September 2019 Edition

by Christopher J. Walker — Monday, Oct. 14, 2019@chris_j_walker

This is a really exciting time to be studying administrative law, and the recent papers added to SSRN only underscore that. Here is the September 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. The Judicial Demand for […]

On Wendy Wagner’s Fascinating New Book Incomprehensible!

by Christopher J. Walker — Monday, Oct. 7, 2019@chris_j_walker

Wendy Wagner (with Will Walker) has a great new book that should be of interest to administrative law nerds, entitled Incomprehensible!: A Study of How Our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It. It is a fascinating read. Here is the core thesis (at 6): Expert actors are often not […]

A Response to The Lost History of the “Universal” Injunction, by Samuel Bray

by Guest Blogger — Sunday, Oct. 6, 2019

Professor Mila Sohoni is the author of a string of significant articles on administrative law, and two of her forthcoming articles are about national injunctions. One of these is The Lost History of the “Universal” Injunction, which is forthcoming in the Harvard Law Review. The article is a vigorous argument that national injunctions are in […]

Sohoni on Nationwide Injunctions

by Christopher J. Walker — Thursday, Oct. 3, 2019@chris_j_walker

Nationwide or universal injunctions continue to be a hot topic in administrative law and federal courts, with Sam Bray leading the charge (at least in the legal academy) to get rid of them — as I noted in a prior post. Mila Sohoni has come to the nationwide injunction’s defense, at least as a constitutional […]

My Jotwell Review of Grove’s Presidential Laws and the Missing Interpretive Theory

by Christopher J. Walker — Wednesday, Oct. 2, 2019@chris_j_walker

Last week over at Jotwell, I reviewed a terrific new article by Tara Leigh Grove entitled Presidential Laws and the Missing Interpretive Theory, which is forthcoming in the University of Pennsylvania Law Review. Here’s a snippet from my review: Although we spend some time on what then-Professor Elena Kagan coined “presidential administration” [in my 1L […]

Administrative Law SSRN Reading List, August 2019 Edition

by Christopher J. Walker — Monday, Sept. 30, 2019@chris_j_walker

September has been busy, and I’m just barely getting this month’s post up before October begins. But there were a lot of great new administrative law papers in August! I wish I had time to include short annotations this month. Here is the August 2019 Edition of the most-downloaded recent papers (those announced in the […]

Administrative Law SSRN Reading List, July 2019 Edition

by Christopher J. Walker — Monday, Aug. 26, 2019@chris_j_walker

With the end of summer and start of classes, August has been a busy one. But here is the July 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. The President’s Tax Returns by Andy Grewal The Solicitor […]

Procedural Politicking and Auer Deference

by Christopher J. Walker — Thursday, Aug. 8, 2019@chris_j_walker

Rachel Potter’s new book Bending the Rules: Procedural Politicking in the Bureaucracy is an absolute must-read for those interested in agency rulemaking and in administrative law and regulatory practice more generally. As the title suggests, the book explores empirically and theoretically how agency officials — both career civil servants and political appointees — leverage procedural […]

Herz on Nou on Bureaucratic Resistance

by Christopher J. Walker — Saturday, July 27, 2019@chris_j_walker

Earlier this week over at JOTWELL, Michael Herz reviewed Jennifer Nou’s latest work on bureaucratic resistance — Civil Servant Disobedience — which was just published in the Chicago-Kent Law Review as part of a terrific symposium Peter Strauss organized on administrative law in the Trump Administration. You can check out the full symposium issue here. Here’s […]