AGEP

AGEP Workshop on Administrative Law & the States

Event Date: Wednesday, September 10 to Friday, September 12, 2014

Location: George Mason School of Law3301 Fairfax Drive, Arlington, Virginia 22201

Program Description: The two-day program began with a primer on administrative law and the various challenges states face in implementing legislation and agency regulations. The first day addressed rapidly evolving topics in administrative law, including judicial review of agency actions and the importance of statutory interpretation in administrative law. Sessions considered in-depth analysis of state involvement with the administration of federal law in the areas of energy and environment and financial regulation.

The final day of the program incorporated the LEC Public Policy Conference on Administration Unbound? Delegation, Deference, and Discretion. This conference featured panels on specialized topics, such as regulatory cost-benefit analysis, the judicial review of regulatory science, and the consequences of significant delegated discretion to administrative agencies. Speakers included the Honorable Douglas H. Ginsburg, Senior Circuit Judge, US Court of Appeals for the District of Columbia, and the Honorable C. Boyden Gray, former Ambassador to the European Union and Counsel to the President, as well as other prominent academics and practitioners.  

 

Agenda

 

Class 1: Basic Structure of the Administrative State

Neomi Rao, Associate Professor of Law, George Mason University School of Law

Farber, Daniel A. & Anne Joseph O'Connell, "The Lost World of Administrative Law." 92 Tex. L. Rev. 1137 (2013-2014). ​pp. 1137-1173

 


 

Class 2: Judicial Reivew of Agency Action

Michael S. Greve, Professor of Law, George Mason University School of Law

Presentation: Judicial Review of Agency Action: Recent Trends—and Reasons to Worry?

 


 

Class 3: Statutory Interpretation and Administrative Law

Neomi Rao, Associate Professor of Law, George Mason University School of Law

Presentation: Statutory Interpretaiton and Administrative Law

 


 

Luncheon Address: Constitutional Concerns with the Administrative State

The Honorable Douglas H. Ginsburg, Senior Circuit Judge, US Court of Appeals for the District of Columbia Circuit and Professor of Law, George Mason University School of Law

 


 

Class 4: Political Control of Administrative Agencies

Jeremy A. Rabkin, Professor of Law, George Mason University School of Law

 


 

Class 5: State Administration of Federal Law

Case Study: Dodd-Frank

Todd J. Zywicki,  George Mason Foundation Professor of Law, George Mason University School of Law

Zywicki, "The Consumer Financial Protection Bureau: Savior of Menace?" George Washington Law Review, Vol. 81, No. 3, pp. 856-928, April 2013. 

Presentation: Case Study: Dodd-Frank

 

Case Study: Greenhouse Gas Emissions: The EPA vs. Small Business

Richard O. Faulk, Partner, Hollingsworth LLP and Senior Director, Energy and Environment, Law & Economics Center

Faulk, "Saving the 'backbone' of our economy," Roanoke Times, 16 August 2014. 

Chamber of Commerce of the United States of America, et al.. v. Environmental Protection Agency

 


 

LEC Public Policy Conference on Administration Unbound?
Delegation, Deference, and Discretion

 

Panel 1: Agency Defernce: Appropriate or Abusive?

Richard O. Faulk, Partner, Hollingsworth LLP and Senior Director, Energy and Environment, Law & Economics Center

Thomas H. Hill, Senior Executive and General Counsel, Global EHS Operations, General Electric Company

Sanne H. Knudsen, Assistant Professor of Law, University of Washington School of Law

Kevin M. Stack, Professor of Law and Associate Dean of Research, Vanderbilt Law School

Amy J. Wildermuth, Professor of Law and Associate Vice President of Faculty, S. J. Quinney College of Law, University of Utah

Moderator:
Sam Kazman, 
General Counsel and Director, Center for Law and Litigation, Competition Enterprise Institute

 


 

Panel 2: Execessive Delegation and the Expansion of Federal Power

Jack M. Beermann, Harry Elwood Warren Scholar and Professor of Law, Boston University School of Law

F. William Brownell, Partner, Hunton & Williams LLP 

C. Boyden Gray, Founding Partner, Boyden Gray & Associates

Kristin E. Hickman, Harlan Albert Rogers Professor in Law and Associate Director, Corporate Institute, University of Minnesota Law School

Neomi Rao, Associate Professor of Law, George Mason University School of Law

Moderator: 
Thomas H. Dupree Jr., 
Partner, Gibson Dunn & Crutcher LLP

 


 

Luncheon Keynote: "Is Administrative Law Unlawful?"

Philip A. Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia Law School

Commentator:
The Honorable Douglas H. Ginsburg,
 Senior Circuit Judge, US Court of Appeals for the District of Columbia Circuit and Professor of Law, George Mason University School of Law

 


 

Panel 3: Revisiting Agency Discretion and the Scope of Judicial Review

David E. Bernstein, George Mason University Foundation Professor of Law, George Mason University School of Law

Caroline Cecot, Postdoctoral Research Scholar in Law and Economics, Vanderbilt Law School

Charles J. Cooper, Founding Partner, Cooper & Kirk PLLC

Michael S. Greve, Professor of Law, George Mason University School of Law

W. Kip Viscusi, University Distinguished Professor of Law, Economics and Management; Co-Director, PhD Program in Law and Economics, Vanderbilt Law School

Moderator: 
Helgi C. Walker, 
Partner, Gibson, Dunn & Crutcher LLP


 

For More Information, Contact: Colleen Cherico
Program Assistant, AGEP
703.993.9964
ccherico@gmu.edu