Back in April the Georgetown Center for the Constitution and the Institute for Justice organized a terrific conference entitled Challenging Administrative Power. The Georgetown Journal of Law and Public Policy generously agreed to publish the papers presented at the conference, and that conference issue is forthcoming early next year. For my short conference contribution, I decided […]
Last month was a particularly good one for administrative law scholarship on SSRN, with a number of great new papers from the “who’s who” and “risings stars” in the field. Unfortunately I lack the bandwidth this month to comment on each piece. But here is the August 2017 edition of the most-downloaded recent papers (those […]
Last year I blogged about a terrific symposium hosted by the Florida State University College of Law, entitled Environmental Law Without Courts. Florida State’s Journal of Land Use and Environmental Law just published the symposium issue, which includes short essays by the various presenters and shorter reactions by the assigned respondents. My contribution, Lawmaking Within Federal Agencies […]
Lots of great new adlaw scholarship this summer! Here is the July 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. The Politics of Invoking Chevron Deference by Kent H. Barnett, Christina L. Boyd & Christopher J. Walker [CJW Note: This […]
Last month over at Jotwell my colleague Peter Shane published a terrific review of one of my favorite new administrative law articles of the year: Miriam Seifter’s Gubernatorial Administration, which is forthcoming in the Harvard Law Review. Miriam’s article is brilliant, and such an important contribution to the field and a call for more of us […]
Each summer the Southeastern Association of Law Schools (SEALS) hosts an amazing conference of law professors (some day I will go!), full of great panels and discussion on hot topics and cutting-edge research in law and policy. This year’s conference was no exception. But this year SEALS added a terrific innovation of providing recaps on many […]
Last week I had the opportunity to debate/discuss the modern administrative state with Stephen Presser at an event hosted by the Federalist Society’s Austin, Texas, Lawyers’ Chapter. In preparation for our discussion, I read Professor Presser’s fascinating new book Law Professors: Three Centuries of Shaping American Law. Although the book is not focused on administrative law, I […]
I’m still recovering from an exhausting but awesome Second Annual Administrative Law New Scholarship Roundtable, which my colleague Peter Shane and I hosted at Ohio State last week. I completely concur in Peter’s assessment of the roundtable (which he posted on Facebook last week): There are days that really remind you what academic life is like at […]
Last July Kent Barnett and I posted a draft of the first paper from our years-long coding project of every publish circuit court decision over an eleven-year period that dealt with Chevron deference. That paper is forthcoming in the Michigan Law Review later this year. I blogged about it here, and Dick Pierce reviewed it over […]
Here is the May 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. Abuse of Power: The CFPB and Ocwen Financial Corp by Richard Christopher Whalen [CJW Note: The author does not seem to be a very big fan […]
Amazon tells me that Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers is now available for purchase. Over the last few weeks I’ve been reading the publisher proofs as I’ll be reviewing the book for the Michigan Law Review later this year. It’s a terrific read and an important and timely contribution to […]
As my co-blogger Aaron Nielson covered in his D.C. Circuit Review — Reviewed “postscript” two weeks ago, the D.C. Circuit recently denied rehearing in United States Telecom Ass’n v. FCC, which was the challenge to the FCC’s net neutrality regulations. Among more than one hundred pages of separate opinions concerning the denial, Judge Kavanaugh has a […]
Here is the April 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. Moral Commitments in Cost-Benefit Analysis by Eric Posner & Cass Sunstein [CJW Note: This is a great paper about quantifying moral values in cost-benefit analysis by eliciting […]
Over at Jotwell, Chip Murphy reviews Bill Funk‘s short essay Final Agency Action after Hawkes, which is forthcoming in the New York University Journal of Law and Liberty. Here’s a summary of Funk’s essay from the SSRN abstract: On May 31, 2016, the Supreme Court decided United States Army Corps of Engineers v. Hawkes Co. (Hawkes), […]
We published a number of blog posts on the Gorsuch Supreme Court confirmation hearing — at least with respect to Judge Gorsuch’s administrative law and separation of powers jurisprudence. In light of that coverage, I thought readers may be interested in a terrific series by Larry Solum, who testified at the confirmation hearing, entitled “The […]