You may find these articles interesting – other Administrative Law Section members did.

Members of the Administrative Law Section found the following recent third party articles interesting:

Regarding contested case records retention:  “Retaining Contested Cases“, Emily Sweitzer / June 25, 2019, Archives, NC Department of Natural and Cultural Resources .  This post applies to any State-level agency, including occupational licensing boards, that works with the Office of Administrative Hearings to resolve contested cases.

“Industry Standards: How Does OSHA Use Them to Prove Its Case Under the General Duty Clause.”  William J. Wahoff.  October 10, 2019, ABA Journal of Labor & Employment Law,  Volume 34, Number 1.  From the introduction to the article:  “OSHA frequently uses consensus standards in its enforcement actions, but those are not drafted by OSHA. Instead they are drafted and published by private organizations, sometimes industry insiders. This article examines recent decisions by the federal courts of appeals, the Review Commission, and the Commission’s administrative law judges to outline how OSHA uses these standards.  The article calls for additional rulemaking to explain which consensus standards apply to which industry, thus providing clarity for employers and employees alike.”  (Subscription may be required, or article may be available through online legal research vendors.)

“Teaching Voluntary Codes and Standards to Law Students“, Cary Coglianese & Caroline Raschbaum. Volume 71:2, Administrative Law Review,  ABA Administrative Law and Regulatory Practice Section.  The article talks about the “voluntary” codes and standards adopted by non-governmental standards-setting organizations that affect administrative law and the daily lives of people and businesses.  The premise is that perhaps we should be teaching law students about them.  (Subscription may be required, or article may be available through online legal research vendors.)

“Occupational Licensing and the Limits of Public Choice Theory”, Essay by Ryan Nunn & Gabriel Scheffler, April 18, 2019, Volume 4, Number 2, ALR Accord, ABA Administrative Law and Regulatory Practice Section.  (Subscription may be required, or article may be available through online legal research vendors.)

“How Bad Constitutional Law Leads to Bad Economic Regulations“,  Ever since the New Deal, Congress has given the executive far too sweeping a mandate to interfere with huge sectors of the market.”  Richard A. Epstein, The Atlantic, Oct 20, 2019.   (Subscription may be required.)

“The Grammarians” Gives Voice to the Laws of Language“, By Lauren Leibowitz. The New Yorker, October 18, 2019.  This review begins “Cathleen Schine’s new novel, “The Grammarians,” is a rich study of the factions that attempt to define how language should be used. Schine, a former copy editor herself, gives voice and backstory to the opposing teams: the prescriptivist, who, pun intended, follows rules to the letter, and the descriptivist, who, rules be damned, strives to make the written word more closely match its meaning.”  (Subscription may be required.)