Rethinking Judicial Deference: History, Structure, and Accountability

June 2, 2016

This Conference is certified for 5.0 credits of Virginia CLE

9:00 – 10:15 am – History and Justifications for Deference – Click to watch the video of the full panel!

Aditya Bamzai, Associate Professor-designate, University of Virginia School of Law
Jack M. Beermann, Harry Elwood Warren Scholar Professor of Law, Boston University School of Law
John C. Harrison, James Madison Distinguished Professor of Law, University of Virginia School of Law
Adam White, Research Fellow, The Hoover Institution

Moderator:  Ross E. Davies, Professor of Law, George Mason School of Law

10:30 – 11:45 am – Is Chevron retreating? – Click to watch the video of the full panel!

Ronald A. Cass, President, Cass & Associates, and Dean Emeritus, Boston University School of Law
Christopher C. DeMuth, Distinguished Fellow, The Hudson Institute
Daniel A. Farber, Sho Sato Professor of Law and Co-Director, Center for Law, Energy, and the Environment, Berkeley School of Law, University of California
Catherine M. Sharkey, Crystal Eastman Professor of Law, New York University School of Law

Moderator: Amy Wildermuth, Professor of Law S.J. Quinney College of Law, University of Utah

11:45 am – 1:00 pm – Lunch and Keynote Address – Click to watch the video of the keynote address!

“Justice Scalia and Deference”— Honorable Brett Kavanaugh, U.S. Court of Appeals for the District of Columbia Circuit

1:00 – 2:15 pm – Separation of Powers: Congress, Agencies, and the Court – Click to watch the video of the full panel!

Boyden Gray, Founding Partner, Boyden Gray & Associates
William R. Levi, Chief Counsel, Senator Mike Lee, US Senate Committee on the Judiciary
Neomi Rao, Director, Center for the Study of the Administrative State and Associate Professor of Law, George Mason University School of Law
Christopher J. Walker, Assistant Professor of Law, Moritz College of Law, Ohio State University

Moderator: Ashley C. Parrish, Partner, King & Spalding LLP

2:30 – 3:45 pm – Pushing the Limits of Deference: Seminole Rock and City of Arlington – Click to watch the video of the full panel!

Jonathan Adler, John Verheij Memorial Professor of Law and Director, Center for Business Law and Regulation, Case Western Reserve University School of Law
Michael S. Greve, Professor of Law, George Mason University School of Law
Allyson N. Ho, Partner, Morgan Lewis & Bockius LLP
Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark School of Law, Brigham Young University

Moderator:  Steven Menashi, Partner, Kirkland & Ellis LLP

Discussed Research Papers

• Marbury v. Madison and the Concept of Judicial Deference
  Aditya Bamzai, Associate Professor-designate, University of Virginia School of Law
  81 Mo. L. Rev. 1057 (2016)
• The Origins of Judicial Deference to Executive Interpretation
  Aditya Bamzai, Associate Professor-designate, University of Virginia School of Law
  126 Yale L. J. (2017)
• Agencies as Adversaries
  Daniel A. Farber, Sho Sato Professor of Law and Co-Director, Center for Law, Energy, and the Environment, Berkeley School of Law, University of California, & Anne Joseph O’Connell
• Beyond Seminole Rock
  Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark School of Law, Brigham Young University
• In the Wake of Chevron’s Retreat
  Catherine M. Sharkey, Crystal Eastman Professor of Law, New York University School of Law
• Legislating in the Shadows
  Christopher J. Walker, Assistant Professor of Law, Moritz College of Law, Ohio State University