Tuesday, September 19, 2006
Research Canons: Administrative Law
Our next subject matter for the research canons project is Administrative Law. (See here for a discussion of the research canons project, including some newly added categories, dates, and links to previous installments.) Please comment on the books and articles that are essential to a new academic in the field.
Some questions for Administrative Law folks:
- What sorts of interdisciplinary work is going on in Administrative Law?
- What is the cutting edge empirical work in the area?
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Section of Administrative Law and Regulatory Practice, ABA, A Blackletter Statement of Federal Administrative Law, 54 Admin. L. Rev. 1 (2002).
Peter Schuck, ed., Foundations of Administrative Law. [Very perceptive volume with manageable excerpts from many leading lights in the field, skillfully introduced, connected, and commented on by Schuck.]
Posted by: Frank Pasquale | Sep 19, 2006 1:39:33 PM
I don't know if it's canonical, but I enjoyed reading Chris Edley's monograph on ad law when I took his class. It provides a good overview and some shrewd insights into ad law.
Posted by: Dan Markel | Sep 19, 2006 2:33:32 PM
I like the blackletter statement too. And I'll throw out, just for starters:
Richard B. Stewart, The Reformation of American Administrative Law, 88 Harv. L. Rev. 1669, 1671-76 (1975) - call it the Kuhnian paradigm shift model of administrative law.
The Struggle for Auto Safety, Jerry L. Mashaw and David L. Harfst - a book-length case study on why the APA doesn't work, at least unless you take Chevron deference very seriously.
Kagan, Elena. "Presidential Administration," 114 Harvard Law Review 2245 (2001) - claiming that the president controls the administrative state, and it's a good thing.
The AALS meeting panel on empirical legal studies in adlaw last year was a really good intro to the developments in that field. Freeman, Jody. "Collaborative Governance in the Administrative State," 45 UCLA Law Review 1 (1997) is on public-private trends, Anne-Marie Slaughter's A New World Order (2002) is one of many on global trends, and of the many very readable pieces by Cass Sunstein, who doesn't just talk about courts, but usefully also about regulators, "Chevron Step Zero," 92 Virginia Law Review 187 (2006), is both court-focused and something on the newly complex Chevron.
Posted by: David Zaring | Sep 19, 2006 2:36:39 PM
On the question regarding interdisciplinary work in admin law, over at Jurisdynamics I recently posted a review (at http://jurisdynamics.blogspot.com/2006/09/complexity-in-administrative-law.html) of Donald Hornstein's recent work exploring the intersection of complex adaptive systems theory and environmental law. See Donald Hornstein, Complexity Theory, Adaptation, and Administrative Law, 54 Duke L.J. 913 (2005). Excellent article not only for that purpose, but also to get anyone up to speed on some of the more interesting and controversial normative issues in admin law today. JBR
Posted by: J.B. Ruhl | Sep 21, 2006 9:30:06 AM
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