13 Recent Administrative Law Articles

In this post, we provide several recent articles related to administrative law. We have not highlighted articles in quite a while, so some of these articles may be older. In addition, note that some articles may be behind paywalls, but usually, the paywalls allow one to four articles to be viewed before you “hit the wall.”

Is Enhanced Judicial Review the Correct Antidote to Excessive State Preemption? Paul A. Diller, June 2022

This article is part of the 100th volume of the North Carolina Law Review, from the University of North Carolina School of Law. The focus of the volume is local government law. This article specifically addresses legislative preemption of local governments’ actions.

A blog that may be new to you: “Notice & Comment” is a blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice. For example, it appears to have a weekly post on recent admin law cases.

A new podcast series: Connecting Race and Regulation, Penn Program on Regulation

This new podcast series examines how regulation has reinforced racism — and how it might combat it, too.

Your plane landed safely — thank the bureaucrats at the FAAHow Regulators Should Supervise SoftwareDC Circ. Says Agencies Must Allow Comments Before Rule Ax Transferring Military Skills to Civilian EmploymentThe Supreme Court’s 2021-2022 Regulatory Term, a Series of Essays

This series of essays covers a wide range of issues raised by the recent Supreme Court administrative law cases, including “Nostalgia for Agency Expertise” and “Constitutional Commitments to Aspirational Principles.”

State Failures to Survey Nursing HomesHow the Supreme Court’s West Virginia v. EPA Decision Will Upset the Administrative WorldWest Virginia v. EPA Supreme Court case.

‘We’re All Going to Be in a Lot of Trouble:’ Officials Warn of Far-Reaching Impacts of Recent Supreme Court DecisionWest Virginia v. EPA Supreme Court case may affect them.

Regulatory Government is Democratic Governmentdemocracy in action, as it invites and empowers members of the public to work with their government to implement policies . . .”

Federal Judge Says Courts Don’t Have To Buy ‘Nonsensical Explanations’ for Bad RegulationsEmbedded RulesRegulating Representatives in Agency Adjudicative Proceedings