Rethinking Judicial Deference: History, Structure, and Accountability

June 2, 2016

This Conference is certified for five (5.0) credits of Virginia CLE.


9:00 – 10:15     History and Justifications for Deference – Click To View Panel

Marbury v. Madison and the Concept of Judicial Deference  
Aditya Bamzai, 81 Mo. L. Rev. 1057 (2016)

The Origins of Judicial Deference to Executive Interpretation
Aditya Bamzai, 126 Yale L. J. (2017)

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   Is Chevron retreating? – Click To View Panel

In the Wake of Chevron’s Retreat
Catherine M. Sharkey

Agencies as Adversaries
Daniel A. Farber & Anne Joseph O’Connell

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, University of California, Berkeley School of Law
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

11:45-1:00       Lunch and Keynote Address – Click To View Keynote Address
“Justice Scalia and Deference”Honorable Brett Kavanaugh, U.S. Court of Appeals for the District of Columbia Circuit

1:00 – 2:15      Separation of Powers: Congress, Agencies, and the Court – Click To View Panel

Legislating in the Shadows
Christopher J. Walker

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 View Panel

Beyond Seminole Rock
Aaron L. Nielson

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