Comparative Administrative Law Blog

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[Scholarship] New Articles on Administrative Law & Regulation (22nd installment)

Accountability & Decision-making Processes

Paul P. Craig, Accountability and Judicial Review in the UK and the EU: Central Precepts (January 2014) [SSRN]

Laverne Jacobs, From Rawls to Habermas: Toward a Theory of Grounded Impartiality in Canadian Administrative Law (January 2014) [SSRN]  

Leah Grolman, Life Beyond Legality: Lessons from the EU and UK for an Australian Charter or Principle of Good Administration (December 2013) [SSRN]


Judicial Review 

Jack Michael Beermann, Chevron at the Roberts Court: Still Failing after All These Years (January 2014) [SSRN]

Evan Fox-Decent & Alexander Pless, The Charter and Administrative Law: Cross-Fertilization or Inconstancy? (January 2014) [SSRN]

Timothy A.O. Endicott, Arbitrariness (January 2014) [SSRN]

Andrew James Green, Can There Be Too Much Context in Administrative Law? Setting the Standard of Review in Canadian Administrative Law (January 2014) [SSRN]

Claudia Geiringer, Sources of Resistance to Proportionality Review of Administrative Power Under the New Zealand Bill of Rights Act (2013) [SSRN]

Joseph Mead, Interagency Litigation and Article III (2013) [SSRN


Executive Department 

Anne Joseph O'Connell, Bureaucracy at the Boundary (December 2013) [SSRN]

James William John Bowden & Nicholas A. MacDonald, Cabinet Manuals and the Crown (2013) [SSRN]

Jonathan Turley, Constitutional Adverse Possession: Recess Appointments and the Role of Historical Practice in Constitutional Interpretation, 2013 Wis. L. Rev. 965 (2013) [Westlaw


Legislation/Statutory Interpretation 

Kathryn E. Kovacs, Superstatute Theory and Administrative Common Law (January 2014) [SSRN]


Modes of Governance and Regulation 

Nuno M. Garoupa & Jud Mathews, Strategic Delegation, Discretion, and Deference: Explaining the Comparative Law of Administrative Review (February 2014) [SSRN]

David S. Rubenstein, The Paradox of Administrative Preemption (January 2014) [SSRN]

Karen Yeung, Design for Regulation (January 2014) [SSRN]

Jose Vida Fernandez, An Unquestionable Myth: The Consacreation of Cost-Benefit Analisys in the Regulatory State (January 2014) [SSRN]

Elizabeth Chamblee Burch, Revisiting the Government as Plaintiff (January 2014) [SSRN]

Keith Werhan, Regulatory Federalism, Shaken Not Stirred, 29 J.L. & Pol. 151 (2013) [Westlaw]

Robert B. Ahdieh, Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s) (December 2013) [SSRN


Public Administration 

Dennis Veltrop & Jakob De Haan, I Just Cannot Get You Out of My Head: Regulatory Capture of Financial Sector Supervisors (January 2014) [SSRN


Environmental Law & Regulation 

Jody Freeman & Kate Konschnik, U.S. Climate Change Law and Policy: Possible Paths Forward (January 2014) [SSRN]

Robin Kundis Craig, Does the Endangered Species Act Preempt State Water Law? (January 2014) [SSRN]

Michael C. Blumm & Lorena M. Wisehart, The Underappreciated Role of the National Environmental Policy Act in Wilderness Designation and Management (January 2014) [SSRN]

Meinhard Doelle, The Evolution of Federal EA in Canada: One Step Forward, Two Steps Back? (January 2014) [SSRN]

James R. May, Constitutional Directions in Procedural Environmental Rights, 28 J. Envtl. L. & Litig. 27 (2013) [Westlaw


Financial Regulation 

Marcelo M. Prates, Why Prudential Regulation Will Fail to Prevent Financial Crises: A Legal Approach (January 2014) [SSRN]

Jeffrey N. Gordon, The Empty Call for Benefit-Cost Analysis in Financial Regulation (January 2014) [SSRN]

John C. Coates, IV, Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications (January 2014) [SSRN]