New Books

Francesca Bignami and David Zaring, Comparative Law and Regulation: Understanding the Global Regulatory Process (Edward Elgar, paperback 2018) [Website]

Jon D. Michaels, Constitutional Coup: Privatization’s Threat to the American Republic (Harvard University Press, 2017) [Website]

Christopher Ansell & Jacob Torfing (eds.), Handbook on Theories of Governance (Edward Elgar, paperback 2017) [Website]

Graham Bullock, Green Grades: Can Information Save the Earth? (MIT Press, 2017) [Website]

 

Accountability & Decision-making Processes

Matthew Brooker & Michael A. Livermore, Centralizing Congressional Oversight (February 2018) [SSRN]

 

Judicial Review

Nicholas R. Parrillo, Jerry Mashaw’s Creative Tension with the Field of Administrative Law (January 2018) [SSRN]

Mark Elliott, Through the Looking-Glass? Ouster Clauses, Statutory Interpretation and the British Constitution (January 2018) [SSRN]

John C. Reitz, Deference to the Administration in Judicial Review (January 2018) [SSRN]

Joe Tomlinson, Do We Need a Theory of Legitimate Expectations? (January 2018) [SSRN]

Joe Tomlinson, Crowdfunding and Public Interest Judicial Review: A Risky New Resource for Law Reform (January 2018) [SSRN]

David M. Driesen, Reasonableness Review of Executive Orders (December 2017) [SSRN]

Catherine M. Sharkey, Cutting in on the Chevron Two-Step (December 2017) [SSRN]

 

Executive Department

Victoria Nourse, Reclaiming the Constitutional Text from Originalism: The Case of Executive Power (January 2018) [SSRN]

J. B. Ruhl & James E. Salzman, Presidential Exit (January 2018) [SSRN]

Thomas M. Poole, The Strange Death of Prerogative in England (January 2018) [SSRN]

Ilya Somin, Obama’s Constitutional Legacy (December 2017) [SSRN]

 

Legislation/Statutory Interpretation

Andreu Casas, Matthew Denny & John Wilkerson, More Effective than We Thought: Accounting for Legislative Hitchhikers Reveals a More Inclusive and Productive Lawmaking Process (January 2018) [SSRN]

 

Administrative Independence

Roberta Romano, Does Agency Structure Affect Agency Decisionmaking? Implications of the CFPB’s Design for Administrative Governance (February 2018) [SSRN]

 

Modes of Governance and Regulation

Luke Butler & Tony Prosser, Rail Franchises, Competition and Public Service (January 2018) [SSRN]

David Hasen, Rules, Standards and Detection (January 2018) [SSRN]

 

Public Administration

Oliver James & Carolyn Petersen, International rankings of government performance and source credibility for citizens: experiments about e-government rankings in the UK and the Netherlands, 20 Public Management Review 469 (2018) [Taylor & Francis Online]

Thomas Groll, Sharyn O’Halloran & Geraldine McAllister, Delegation and Administrative Lobbying in Rule-Making (December 2017) [SSRN]

 

The Public/Private Divide

Lukas van den Berge, Rethinking the Public-Private Law Divide in the Age of Governmentality and Network Governance: A Comparative Analysis of French, English and Dutch Law (January 2018) [SSRN]

Donal Nolan, A Public Law Tort: Understanding Misfeasance in Public Office (2017) [SSRN]

 

Environmental Law & Regulation

Catherine J. Iorns Magallanes, Access to Environmental Justice for Maori (2017) [SSRN]

 

Financial Regulation

Heidi Mandanis Schooner, Big Bank Boards: The Case for Heightened Administrative Enforcement (January 2018) [SSRN]

Christine I. Wiedman & Chunmei Zhu, Do the SEC Whistleblower Provisions of Dodd-Frank Deter Aggressive Financial Reporting? (January 2018) [SSRN]

Luca Enriques, Financial Supervisors and Regtech: Four Roles and Four Challenges (January 2018) [SSRN]

Douglas W. Arner, Janos Nathan Barberis & Ross P. Buckley, FinTech and RegTech in a Nutshell, and the Future in a Sandbox (January 2018) [SSRN]

 

Global Regulation/ Global Governance

Alexia Brunet Marks, The Right to Regulate (Cooperatively) (January 2018) [SSRN]