Free Speech and the Administrative State, January 26, 2018
- Antidiscrimination Laws, the First Amendment, and the Administrative State
David Bernstein, Professor of Law, Antonin Scalia Law School, George Mason University - Telemarketing, Technology and the Regulation of Private Speech
Justin (Gus) Hurwitz, Assistant Professor of Law, and Co-Director of Space, Cyber, and Telecom Law Program, Nebraska College of Law - Due Process, Free Expression, and the Administrative State
Martin H. Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law - What Cheap Speech Has Done- The Transformation of Libel and Privacy Law
Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Beyond Deference, Emerging Issues in Judicial Review of Agency Action, December 6, 2017
- His Master’s Voice: Statutory Rulemaking Considerations and Judicial Review of Regulatory Impact Analysis
Jerry Ellig, Senior Research Fellow, Mercatus Center at George Mason University and Chief Economist, Federal Communications Commission; and Reeve T. Bull, Research Chief, Administrative Conference of the United States - Pursuing Pragmatic Finality in Agency Action
Kristin Hickman, Harlan Albert Rogers Professor of Law, University of Minnesota Law School, and Associate Director, Corporate Institute; and Mark Thomson, Associate, Crowell & Moring LLP - How Agencies Choose Whether to Enforce the Law: A Preliminary Investigation
Aaron L. Nielson, Associate Professor of Law, Brigham Young University Law School
- Negotiating the Federal Government’s Compliance with Court Orders: An Exploratory Discussion
Nicholas R. Parrillo, Professor of Law, Yale Law School - Neoclassical Administrative Law
Jeffrey Pojanowksi, Professor of Law, Notre Dame Law School
Rethinking Due Process, April 21, 2017
- Due Process and Delegation
Ronald A. Cass, President, Cass & Associates, PC - Slip Slidin’ Away
William Funk, Lewis & Clark Distinguished Professor of Law, Lewis & Clark Law School - Administrative Evasion of Procedural Rights
Philip Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia Law School - Take the Fifth…Please! The Original Irrelevance of the Fifth Amendment Due Process of Law Clause
Gary S. Lawson, Philip S. Beck Professor of Law, Boston University School of Law - Sticky Regulations
Aaron L. Nielson, Associate Professor of Law, Brigham Young University Law School
Financial Regulation: Political, Administrative, and Constitutional Accountability, December 9, 2016
- Taking Systemic Risk Seriously in Financial Regulation
M. Todd Henderson, The University of Chicago Law School - Too Big for Administrative Law? FSOC Designations and the Fog of “Systemic Risk”
Adam J. White, The Hoover Institution - The Dealmaking State- Executive Power In The Trump Administration
Steven Davidoff Solomon, University of California, Berkeley School of Law - Regulation: Political, Administrative, and Constitutional Accountability
Geoffrey Parsons Miller, New York University School of Law - Dual Non-Banking System for Fintech
J.W. Verret, Antonin Scalia Law School, George Mason University
Environmental Law in the Administrative State, September 16, 2016
- Standing After Scalia
Stephen Vladeck, University of Texas, School of Law - Environmental Review of Pipelines, Energy Transport, & Global Energy Markets
James W. Coleman, Southern Methodist University Dedman School of Law - Protecting States in the Brave New World of Energy Federalism
Daniel Lyons, Boston College Law School - Is the Clean Air Act Unconstitutional? Coercion, Cooperative Federalism, and Conditional Spending after NFIB v. Sebelius
Jonathan Adler, Case Western Reserve University School of Law &
Nathaniel Stewart, Visiting Fellow, Buckeye Institute for Public Policy - Safety Valve – The Resurgent “Major Questions” Doctrine
Nathan Richardson, University of South Carolina School of Law - Ghost Rules
Lincoln Davies & Amy Wildermuth, S.J. Quinney College of Law, University of Utah
Rethinking Judicial Deference, June 2, 2016
- Marbury v. Madison and the Concept of Judicial Deference
Aditya Bamzai - The Origins of Judicial Deference to Executive Interpretation
Aditya Bamzai - Agencies as Adversaries
Daniel A. Farber & Anne Joseph O’Connell - Beyond Seminole Rock
Aaron L. Nielson - In the Wake of Chevron’s Retreat
Catherine M. Sharkey - Legislating in the Shadows
Christopher J. Walker
Administrative law reflects the hope that modern societies can be governed not only liberally and democratically but also rationally, sensibly, and with tolerable efficiency. On both sides of the Atlantic, that once-confident conviction now meets with considerable skepticism, in somewhat different ways and for different reasons.At the Transatlantic Law Forum’s Eighth Annual Conference, prominent scholars, judges, and lawyers from European countries and from the United States examined the administrative state and its law from a wide range of perspectives. Some panels addressed overarching topics, such as judicial review and increased public discontent with administrative governance. Other panels examined varying administrative (law) responses to a common set of more specific problems and challenges, from energy policy to financial regulation and central banks.
These are working papers from the Forum:
- Agency Finance in the Age of Executive Government
Christopher DeMuth Sr. & Michael S. Greve - The Limits of Legal Accountability of the European Central Bank
Marco Goldoni - The Guardianship of the Public Interest: A British Tale of Contestable Administrative Law
Adam Tomkins
The Legal Response to the Next Financial Crisis
David Zaring