Delegation, Nondelegation, and “Un-Delegation”

October 11-12, 2018

Papers Presented:

Nondelegation In an Era of Congressional Inaction
Jonathan H. Adler, Director, Center for Business Law and Regulation and Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law; and Christopher J. Walker, Associate Professor of Law, Moritz College of Law, The Ohio State University, and Director, The Moritz Washington, D.C. Summer Program

The Nonabdication Doctrine
Cary Coglianese, Edward B. Shils Professor of Law and Professor of Political Science; and Director, Penn Program on Regulation, University of Pennsylvania Law School

Nondelegation and Criminal Law
Brenner Fissell, Associate Professor of Law, Hofstra University School of Law

Major Questions After Chevron
Adam Gustafson, Partner, Boyden Gray & Associates

Regrounding the Private Delegation Doctrine
Paul J. Larkin Jr., The John, Barbara & Victoria Rumpel Senior Legal Research Fellow at The Heritage Foundation

Early Customs Laws and Nondelegation
Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School, George Mason University

The Legislative Politics of Legislative Delegation
Joseph Postell, Assistant Professor of Political Science, University of Colorado at Colorado Springs

“The Administrative State,” Our Republic, and the Court
David S. Schoenbrod, Trustee Professor of Law, New York Law School

Participants:

  1. Jonathan H. Adler, Director, Center for Business Law and Regulation and Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
  2. The Honorable David J. Barron, Judge, US Court of Appeals for the First Circuit
  3. Ronald A. Cass, Dean Emeritus, Boston University School of Law; and President, Cass & Associates, PC
  4. Cary Coglianese, Edward B. Shils Professor of Law and Professor of Political Science; and Director, Penn Program on Regulation, University of Pennsylvania Law School
  5. Brenner Fissell, Associate Professor of Law, Hofstra University School of Law
  6. Daniel M. Flores, Chief Counsel, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, Committee on the Judiciary, U.S. House of Representatives
  7. Ambassador C. Boyden Gray, Founding Partner, Boyden Gray & Associates
  8. Michael S. Greve, Professor of Law, Antonin Scalia Law School, George Mason University
  9. Adam Gustafson, Partner, Boyden Gray & Associates
  10. Kristin Hickman, Harlan Albert Rogers Professor ofLaw, University of Minnesota Law School, and Associate Director, Corporate Institute
  11. Paul J. Larkin Jr., The John, Barbara & Victoria Rumpel Senior Legal Research Fellow at The Heritage Foundation
  12. Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School, George Mason University
  13. Joseph Postell, Assistant Professor of Political Science, University of Colorado at Colorado Springs
  14. John C. Reitz, Edward Carmody Professor of Law, and Director of Graduate Programs and Visiting Scholars, The University of Iowa College of Law
  15. Eugene Scalia, Partner, Gibson, Dunn & Crutcher
  16. David S. Schoenbrod, Trustee Professor of Law, New York Law School
  17. Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute
  18. Christopher Walker, Associate Professor of Law, The Ohio State University, Moritz College of Law; and Director, The Moritz Washington, D.C. Summer Program
  19. Adam J. White, Director, The C. Boyden Gray Center for the Study of the Administrative State and Assistant Professor of Law, Antonin Scalia Law School, George Mason University
  20. Ilan Wurman, Fellow and Lecturer-in-Law, Sandra Day O’Connor College of Law, Arizona State University