Administrative Law & Regulation

Benefit-Cost Analysis in Rulemaking: Ready for Prime Time? - Podcast

Mon, 21 May 2012 00:00:00 EST

Sharon Brown-Hruska, Brian Mannix, Dean A. Reuter

Benefit-Cost Analysis (BCA) has been embraced by every President since Richard Nixon as a general purpose tool for evaluating the merits of administrative decisions, even while it has been assigned a subordinate role – or no role at all – in the statutory frameworks for making those decisions. One consequence is that we have a voluminous record of BCA performance in the executive branch, but only a handful of cases in which it has played an important role in judicial review of rules. Now, amid widespread claims that federal regulation is contributing to America’s continuing economic troubles, BCA is getting more attention. As practiced, does it give an accurate picture of the economic consequences of regulatory actions? Should we rely on it or require it, more than we do, to guide administrative discretion? On this previously recorded conference call, our two experts discuss the state of the art and current BCA controversies in energy and environmental regulation, and in financial regulation. Featuring Dr. Sharon Brown-Hruska of National Economic Research Associates, Inc. and Mr. Brian Mannix of Buckland Mill Associates. [Listen now!]

James Madison by Richard Brookhiser - Podcast

Tue, 01 May 2012 00:00:00 EST

Richard Brookhiser, James A. Haynes

Richard Brookhiser's book examines the life of America's fourth President, James Madison, including his role in advising Thomas Jefferson, his relationships with various Founding Fathers, including George Washington, John Adams, Thomas Jefferson, and Alexander Hamilton. Featuring Mr. Richard Brookhiser, Author of James Madison and Columnist for American History and National Review Magazines, and Mr. James A. Haynes of the Federalist Society's Professional Responsibility & Legal Education Practice Group Executive Committee and Baltimore Lawyers Chapter. [Listen now!]

(Mis)Applications of Behavioral Economics to Regulation: The Importance of Public Choice Architecture

Thu, 22 Mar 2012 00:00:00 EST

Adam C. Smith

Friedrich Hayek once said, “Unfortunately, the popular effect of this scientific advance has been a belief, seemingly shared by many scientists, that the range of our ignorance is steadily diminishing and that we can therefore aim at more comprehensive and deliberate control of all human activities. It is for this reason that those intoxicated by the advance of knowledge so often become the enemies of freedom.” This statement encapsulates a broad wariness of government intervention, even—and perhaps especially—intervention based upon scientific findings, into private enterprise. The problem, as Hayek points out, is that such control mechanisms, however scientifically informed, inevitably lead to unwanted consequences, often stifling the very creativity needed to foster the beneficial spontaneous order of the marketplace. [Read more!]

Congress vs. Agencies: Balancing Checks and Efficiency: Gridlock, Organized Interests, and Regulatory Capture - Event Audio/Video

Sat, 03 Mar 2012 00:00:00 EST

David Engstrom, C. Boyden Gray, Lisa Heinzerling, Michael W. McConnell, Lois Haight, Michael Reynolds

The administrative state is often defended as a necessary response to modern conditions that make governance through ordinary legislation virtually impossible. Is the administrative process in fact more efficient than legislation (and what is meant in this context by “efficient”)? Do any benefits from the administrative process come at the expense of other values? If the legislative process is subject to gridlock, is gridlock all bad? If capture or influence by interest groups is a problem, is it likely to be a worse problem in agency or legislative settings?

Does congressional abdication contribute to bureaucratic sclerosis, which makes it difficult to start and maintain businesses? Finally, what role do the Court's doctrines play at the intersection of these questions? Is Chevron deference to agencies good? Does the president's control make the administrative state better or worse? Do the Court's doctrines in Bowsher and Chadha give agencies too much power?

The Federalist Society's Student Division presented this panel at the 2012 Annual Student Symposium on March 3, 2012. Featuring Prof. David Engstrom of Stanford Law School; The Honorable C. Boyden Gray, former White House Counsel; Prof. Lisa Heinzerling of Georgetown University School of Law; Prof. Michael W. McConnell of Stanford Law School; and Judge Lois Haight of the Superior Court of California as the moderator. Introduction by Mr. Michael Reynolds, Co-Chair of the 2012 Annual Student Symposium. [Watch or listen now!]

The Regulatory Accountability Act - Podcast

Fri, 17 Feb 2012 00:00:00 EST

C. Boyden Gray, Ronald M. Levin, Dean A. Reuter

On December 2, the U.S. House of Representatives passed the Regulatory Accountability Act of 2011 (H.R. 3010) which would amend the Administrative Procedure Act (APA) and create new federal rulemaking requirements. How might this legislation affect the rulemaking requirements of existing executive orders and more broadly the federal rulemaking process? On this previously recorded conference call, the experts provide their analysis of the Act and it's impact on the federal rulemaking process after which they provide answers to questions from callers. Featuring The Honorable C. Boyden Gray of Boyden Gray & Associates and Prof. Ronald M. Levin of Washington University School of Law.

The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers

Thu, 16 Feb 2012 00:00:00 EST

Robert S. Eitel, Kent D. Talbert

Late in the afternoon on April 11, 1965, President Lyndon B. Johnson sat with his childhood school teacher, Mrs. Kate Deadrich Loney, on the lawn of the former Junction Elementary School in Johnson City, Texas. The reason for the meeting of a bespectacled retired teacher and her famous former pupil was the signing of the Elementary and Secondary School Act of 1965 (“ESEA”). With the President’s signature, the federal government’s role in elementary and secondary education began to increase rapidly, with Congress establishing the U.S. Department of Education (“Department”) in 1979. Today, the ESEA authorizes funding for key portions of school district budgets across the country. Despite this leverage, the Department has generally adhered to statutory limitations disallowing federal agency involvement in K-12 curriculum, courses, or instruction, focusing instead on issues such as aid for disadvantaged students, accountability, civil rights, and evaluation. Since 2009, this has changed: Actions taken by the Obama Administration signal an important policy shift in the nation’s education policy, with the Department placing the nation on the road to federal direction over elementary and secondary school curriculum and instruction... [Read more!]

Keynes vs. Hayek: The Clash that Defined Modern Economics - Podcast

Tue, 07 Feb 2012 00:00:00 EST

Nicholas Wapshott, James A. Haynes

Nicholas Wapshott's book examines the vastly divergent economic philosophies of John Maynard Keynes and Friedrich von Hayek. Messrs. Keynes and Hayek studied the normal course of the capitalist business cycle, especially after World War I, but reached radically different opinions about the role governments should play in regulating and ameliorating the effects of the business cycle. These two gentlemen, two of the most influential economic thinkers of the 20th Century, participated in on-going debates about the respective merits of their own philosophies and the demerits of the other's philosophies. Mr. Wapshott examines these debates and expounds on them in this podcast. Featuring Mr. Nicholas Wapshott, Author of Keynes vs. Hayek: The Clash that Defined Modern Economics, and Mr. James A. Haynes of the Professional Responsibility & Legal Education Practice Group Executive Committee and the Baltimore Lawyers Chapter.

California in Crisis: Are People and Jobs Leaving for Better Pastures? - Event Audio

Sat, 28 Jan 2012 00:00:00 EST

William J. Emanuel, Jed Kolko, H. Scott Leviant, David A. Schwarz, Kate Comerford Todd, Carlos T. Bea, Leonard A. Leo

Much has been written lately about companies’ unwillingness to invest or create new jobs in California. 2010 was the first census in which California did not add a member of Congress. Other states, including Texas, are seeing large influxes of new jobs and people. Some have suggested that California law (as passed by the legislature and as made by the courts) contributes to a negative business climate that discourages investment and job creation. This panel will look at California laws involving employment issues, tort liability, and environmental regulation and compare California’s approach to those of other states, including Texas to determine whether the law has become an impediment to job creation in California. This panel was featured at the Sixth Annual Western Conference on January 28, 2012. Featuring Mr. William J. Emanuel of Littler Mendelson PC; Mr. Jed Kolko of Trulia; Mr. H. Scott Leviant of Spiro Moss LLP; Mr. David A. Schwarz of Irell & Manella LLP; Ms. Kate Comerford Todd of the National Chamber Litigation Center; and Judge Carlos T. Bea of the U.S. Court of Appeals for the Ninth Circuit as the moderator. Introduction by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.

Key Provisions of the Regulatory Accountability Act

Thu, 26 Jan 2012 00:00:00 EST

Daren Bakst

On December 2, 2011, the United States House of Representatives passed the Regulatory Accountability Act of 2011 (H.R. 3010). This legislation would amend the Administrative Procedure Act (APA), which governs the federal rulemaking process. It would codify existing rulemaking requirements contained in executive orders and create new rulemaking requirements. In this paper, Mr. Daren Bakst provides a summary and explanation of the legislation's key provisions and their potential implications on the rulemaking process.

Goodbye Tax Exceptionalism

Thu, 01 Dec 2011 00:00:00 EST

Kristin E. Hickman

In the past few decades, the practices and doctrines governing the interpretation and administration of the federal tax code have diverged somewhat from general administrative law doctrines and norms in several ways. No one doubts that the Administrative Procedure Act (“APA”) applies to federal tax administration. No one questions that Treasury regulations interpreting the Internal Revenue Code (“IRC”) are legally binding on all taxpayers. Nevertheless, while the standard of judicial review for most agency regulations that carry such legal force derives from Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., at least until very recently, many tax lawyers, the United States Tax Court, and some circuit courts maintained that an arguably less deferential standard articulated prior to Chevron in the tax-specific case of National Muffler Dealers Ass’n, Inc. v. United States applied to most tax regulations. [Read more!]

Thinking About the "Practically Unthinkable": Energy Infrastructure and the Threat of Low-Probability, High-Impact Events

Thu, 01 Dec 2011 00:00:00 EST

Adam J. White

The National Environmental Policy Act requires federal agencies to ascertain and evaluate the possible environmental effects of federally regulated energy infrastructure proposals. But this broad statutory requirement leaves great uncertainty as to which hypothetical risks of environmental harm must be evaluated, and which risks may be set aside as too contingent or otherwise improbable to merit review. Recent events—the Japanese tsunami that disrupted a nuclear power plant, for example, or the deepwater Gulf of Mexico oil spill—remind us that seemingly unthinkable disasters can occur, posing a significant threat of harm to the environment. But two recent court of appeals decisions have created a circuit split on the question of precisely how agencies should approach the possibility of low-probability, high-impact events—or, as they have come to be known, “Black Swans.” [Read more!]

Reining in Regulation or Letting Regulation Reign? Predictions and Prescriptions for Government - Event Audio/Video

Sat, 12 Nov 2011 00:00:00 EST

Ronald A. Cass, Cary Coglianese, Christopher C. DeMuth, Carlos T. Bea

The Administrative Law & Regulation Practice Group hosted this panel on "Reining in Regulation or Letting Regulation Reign? Predictions and Prescriptions for Government" on Saturday, November 12, 2011, during the 2011 National Lawyers Convention. The panel featured Hon. Ronald A. Cass of Cass & Associates, PC; Prof. Cary Coglianese of the University of Pennsylvania Law School; Hon. Christopher C. DeMuth of The American Enterprise Institute; and Judge Carlos T. Bea of the U.S. Court of Appeals for the Ninth Circuit as the moderator.

Engage Volume 12, Issue 1, June 2011

Wed, 08 Jun 2011 00:00:00 EST

The June 2011 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

Prospects for Regulatory Reform in 2011

Fri, 03 Jun 2011 00:00:00 EST

Susan E. Dudley

Though regulations affect every aspect of our lives, as a policy tool they rarely reach the attention of voters (and consequently of elected officials) because, unlike their spending cousins, their effects are often not visible. Like the direct government spending that is supported by taxes, regulations are designed to achieve social goals, but the costs of regulations are hidden in higher prices paid for goods and services and in opportunities foregone. Americans concerned about high taxes or the growing deficit would probably be surprised to know that, according to the federal government’s Small Business Administration Office of Advocacy, each household paid, on average, $15,586 in 2008 to comply with federal regulations...

The U.S. Department of Education's Federal Student Aid Program Integrity Final Regulations

Thu, 24 Mar 2011 00:00:00 EST

Robert S. Eitel, Kent D. Talbert

Rulemaking is often difficult, requiring close attention to the language of statutes that are sometimes poorly drafted with little or no legislative history; however, this is not the case with the substantial misrepresentation, incentive compensation payment, and state authorization provisions of the Health Education Act (HEA). The Final Regulations remain vulnerable due to an expansive reading of the HEA by the Executive Branch. Critics assert that the promising discussion in the spring of 2009 on ways to develop rules to guide institutions through the requirements of the HEA has changed into a debate in which both reluctant foes and erstwhile allies of the Administration have found common cause to oppose many of the more controversial elements of the Final Regulations. The Department’s recent attempt to use informal guidance to clarify language that contradicts the HEA only underscores their defective nature. A strong case exists that the Department should rescind the regulations and that it should begin the rulemaking anew.

The Future of Regulatory Review - Event Audio/Video

Mon, 21 Mar 2011 00:00:00 EST

Ronald A. Cass, E. Donald Elliott, Sally Katzen, Jeffrey Lubbers, A. Raymond Randolph

On January 18, President Obama announced through a Wall Street Journal opinion piece that he would issue an executive order that would begin a review to "make sure we avoid excessive, inconsistent and redundant regulation" and would review "the rules already on the books to remove outdated regulations that stifle job creation and make our economy less competitive." The Op-ed is available here. This was followed by the release of the Executive Order, available here. Our panel of experts will examine and discuss the new direction outlined by the Administration. Panelists include Hon. Ronald A. Cass of Cass & Associates, PC; Hon. E. Donald Elliott of Willkie Farr & Gallagher LLP; Hon. Sally Katzen of Podesta Group; Prof. Jeffrey S. Lubbers of the American University Washington College of Law; and Judge A. Raymond Randolph of the U.S. Court of Appeals for the District of Columbia Circuit as the moderator.

Health Care Reform

Tue, 01 Feb 2011 00:00:00 EST

Healthcare reform is a promised major initiative of the Obama administration. Below are links to several articles, white papers, and letters that examine the legal and constitutional questions raised by the current proposals. Also available in links below are the healthcare reform bill as passed, and other documents on healthcare reform.

The Regulations from the Executive In Need of Scrutiny (REINS) Act

Fri, 14 Jan 2011 00:00:00 EST

Jonathan H. Adler

Last year, the REINS Act was introduced in the U.S. Senate and House of Representatives (as H.R. 3765 and S. 3826, respectively) to prevent federal agencies from implementing major regulatory initiatives without Congressional approval. Equivalent legislation is virtually certain to be considered in the 112^th Congress. As part of their "plan to rein in the red tape factory in Washington, DC" in the "Pledge to America," Republican congressional candidates promised to "require congressional approval of any new federal regulation that has an annual cost to our economy of $100 million or more." The purpose of this requirement is to ensure that significant regulatory initiatives are approved by both Congress and the Executive Branch. As explained in the "Pledge": "If a regulation is so ‘significant' and costly that it may harm job creation, Congress should vote on it first."

Consumer Product Safety Commission (CPSC) - Podcast

Fri, 04 Jun 2010 00:00:00 EST

Robert S. Adler, Nancy A. Nord, Harold D. "Hal" Stratton
The enacted Consumer Products Safety Improvement Act of 2008 mandated the promulgation of over 40 new regulations by the U.S. Consumer Product Safety Commission (CPSC), comparable to as many regulations as have been promulgated under the significant safety acts enacted since the CPSC's inception. This act also provided all 50 state attorneys general with new enforcement powers over several aspects of the federal product safety laws. Our speakers CPSC Commissioner Nancy Nord and CPSC Commissioner Robert Adler provide analysis and commentary on past legislation and the current Consumer Product Safety Enhancement Act of 2010 now pending in Congress. Among other issues, the speakers will provide their views on what has been the most significant change or impact to the agency since the enactment of the CPSIA. Are there changes that need to be made to the CPSIA? What are the pros and cons of the CPSC's recent vote on "reasonable testing plans" within the certification process? Mr. Hal Stratton of Brownstein Hyatt Farber Schreck LLP moderates.

Engage Volume 11, Issue 1, March 2010

Wed, 31 Mar 2010 00:00:00 EST

The March 2010 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

Benefit-Cost Analysis in Rulemaking: Ready for Prime Time?

Wed, 09 May 2012 00:00:00 EST

Sharon Brown-Hruska, Brian Mannix

Benefit-Cost Analysis (BCA) has been embraced by every President since Richard Nixon as a general purpose tool for evaluating the merits of administrative decisions, even while it has been assigned a subordinate role – or no role at all – in the statutory frameworks for making those decisions. One consequence is that we have a voluminous record of BCA performance in the executive branch, but only a handful of cases in which it has played an important role in judicial review of rules. Now, amid widespread claims that federal regulation is contributing to America’s continuing economic troubles, BCA is getting more attention. As practiced, does it give an accurate picture of the economic consequences of regulatory actions? Should we rely on it or require it, more than we do, to guide administrative discretion? Our two experts will talk about the state of the art and current BCA controversies in energy and environmental regulation, and in financial regulation. Featuring Dr. Sharon Brown-Hruska of National Economic Research Associates and Mr. Brian Mannix of Buckland Mill Associates.

The Regulatory Accountability Act

Mon, 30 Jan 2012 00:00:00 EST

C. Boyden Gray, Ronald M. Levin

On December 2, the U.S. House of Representatives passed the Regulatory Accountability Act of 2011 (H.R. 3010) which would amend the Administrative Procedure Act (APA) and create new federal rulemaking requirements. How might this legislation affect the rulemaking requirements of existing executive orders and more broadly the federal rulemaking process? Our experts will provide their analysis of the Act and it's impact on the federal rulemaking process after which they will answer questions from the callers. Featuring The Honorable C. Boyden Gray of Boyden Gray & Associates and Prof. Ronald A. Levin of Washington University School of Law.

The Future of Regulatory Review

Thu, 10 Mar 2011 00:00:00 EST

Ronald A. Cass, E. Donald Elliott, Sally Katzen, Jeffrey Lubbers, A. Raymond Randolph

2010 National Lawyers Convention

Wed, 24 Mar 2010 00:00:00 EST

Barry E. Carter, Maureen K. Ohlhausen, Patrick McSweeney, Antonin Scalia, Dennis G. Jacobs, Marvin Ammori, Paul S. Atkins, John S. Baker, Jr., Randy E. Barnett, Sara Sun Beale, Bradford A. Berenson, Lillian R. BeVier, Carl T. Bogus, James Bopp Jr., Steven G. Calabresi, Michael A. Carvin, Ronald A. Cass, Michael Chertoff, Roger Clegg, Robert D. Cooter, R. Ted Cruz, Frank H. Easterbrook, John C. Eastman, Richard A. Epstein, William N. Eskridge, Jr., David French, Charles Fried, Richard W. Garnett, Michael Gerhardt, C. Boyden Gray, Thomas W. Hazlett, Christine Jolls, Douglas T. Kendall, Lloyd Hitoshi Mayer, Edwin Meese III, Thomas W. Merrill, Paul R. Michel, John O. McGinnis, Barrington D. Parker, Jr., Michael S. Paulsen, Thomas R. Phillips, A. Raymond Randolph, David B. Rivkin, Jr., Mark F. Schultz, Bradley A. Smith, Paul M. Smith, Margaret D. Stock, Thomas J. Tauke, Clifford W. Taylor, Mark Tushnet, Eugene Volokh, Howard Waltzman, Ruth J. Wedgwood, J. Harvie Wilkinson III, Mitch McConnell, Noah D. Bookbinder, Lawrence A. Hamermesh, Brett M. Frischmann, Gigi B. Sohn, Kris W. Kobach, James C. Ho, William H. Pryor Jr., Joel R. Reidenberg, Diane S. Sykes, Jeffrey Bossert Clark, Kenneth T. Cuccinelli, Edith H. Jones, Ronald M. Levin, Victoria A. Lipnic, Roger Martella Jr., Diarmuid F. O'Scannlain, Roger Pilon, Rena I. Steinzor, Sarah B. Teslik, Peter J. Wallison, Arthur E. Wilmarth, John C. Yoo, Michael Barone, Michael S. Lee, Michael J. Madigan, Lanny J. Davis, Brett M. Kavanaugh, Jan Crawford, Carlos T. Bea, Kim Bobo, Shawn H. Chang, Thomas M. Hardiman, Jordan Lorence, Jeffrey P. Mahoney, Robert M. McDowell, Margaret E. McGuinness, Brandon Rees, David B. Sentelle, Jerry E. Smith, David Stras, Jeffrey S. Sutton, C. Gibson Vance, Pete Williams, Michael R. Pence, Daniel E. Lungren, Jeffrey Rosen

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 18 through Saturday, November 20 at the Mayflower Hotel. The theme for this year's convention is "Controlling Government: The Framers, the Tea Parties and the Constitution." The Annual Dinner will take place the evening of Thursday, November 18 at the Omni Shoreham Hotel. [Register now!]

2009 National Lawyers Convention

Thu, 30 Apr 2009 00:00:00 EST

Samuel A. Alito, Douglas H. Ginsburg, Guido Calabresi, Frank H. Easterbrook, Jefferson B. Sessions III, Paul S. Atkins, Randy E. Barnett, Janice Rogers Brown, Linda Chavez, Mariano-Florentino (Tino) Cu�llar, Susan E. Dudley, Miguel Estrada, Richard A. Epstein, Steve Forbes, Maurice R. Greenberg, Michael S. Greve, Oona Hathaway, Peter N. Kirsanow, David G. Leitch, Michael W. McConnell, Burt Neuborne, Jeremy A. Rabkin, A. Raymond Randolph, Theodore M. Shaw, Stephen Bainbridge, Carlos T. Bea, Stephanie R. Breslow, Fran�ois-Henri Briard, Alan E. Brownstein, Ronald A. Cass, John C. Eastman, C. Boyden Gray, Lisa Heinzerling, Edith H. Jones, David A. Katz, Brett M. Kavanaugh, F. Scott Kieff, Michael Livermore, Ira C. "Chip" Lupu, Paul G. Mahoney, Robert D. McTeer, Michael J. Meurer, Geoffrey P. Miller, Alan B. Morrison, Diarmuid F. O'Scannlain, Michael Paese, Harvey L. Pitt, William H. Pryor Jr., Lucas "Scot" A. Powe Jr., Jamin Ben Raskin, Daniel B. Ravicher, Andrew J. Redleaf, Roberta Romano, David B. Sentelle, Catherine M. Sharkey, Amity Shlaes, Damon A. Silvers, Jerry E. Smith, Gigi B. Sohn, Ilya Somin, Bret Stephens, Jeffrey S. Sutton, Diane S. Sykes, Daniel E. Troy, J.W. Verret, Steven M.H. Wallman, John P. Walters, W. Bradley Wendel, Shirley J. Wilcher, J. Harvie Wilkinson III, Stephen F. Williams, Todd J. Zywicki, John A. Allison, John S. Baker, Jr., Jennifer Walker Elrod, Malcolm M. Feeley, Thomas W. Hazlett, Roderick M. Hills Jr., Brian H. Hook, Daryl Joseffer, Annette L. Nazareth, Aryeh Neier, Jed Rubenfeld, Robert P. Young, Jr., David Zaring, Mark R. Levin, Thomas M. Hardiman, John F. Manning, William Black, Cornish F. Hitchcock, Steven J. Law, Harold Meyerson, Alex J. Pollock, Andrew L. Stern, Michael B. Mukasey, David Berenbaum, Robert M. McDowell, Mark F. Schultz, David M. McIntosh, Kyle E. McSlarrow, Seton Motley, Laura M. Olson, Marvin Ammori

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 12 through Saturday, November 14 at the Mayflower Hotel. The theme for this year's convention is "The Federal Government's Economic Role in our Constitutional System." The Annual Dinner will take place the evening of Thursday, November 12 at the Omni Shoreham Hotel. [Register now!]

The Financial Services Bailout: Cause, Effect and the Limits of Government Action

Tue, 10 Mar 2009 00:00:00 EST

James Carr, Timothy Canova, John C. Eastman, Bert Ely, Ronald A. Cass, Jeb Hensarling, Alex J. Pollock, John Weicher, David Berenbaum, Wayne A. Abernathy, Louis Michael Seidman

The government bailout raises a multitude of thorny questions that remain unanswered: What caused the crisis? What is the best way to fix the problems? Is there a clear path to return to a free market? What are the limits of federal government authority in this area and, do those limits expand in the time of a "crisis"? Our panel of legal experts will discuss these and other issues. [Register now!]

Regulation by Litigation: Boon or Bane?

Mon, 09 Mar 2009 00:00:00 EST

Andrew P. Morriss, Bruce Yandle, Andrew Dorchak, David C. Vladeck, Roger Martella Jr., Jonathan H. Adler Federal regulators, state attorneys general and plaintiffs attorneys increasingly rely upon litigation to impose regulatory constraints on private businesses. Through such “regulation by litigation” government officials and private attorneys bypass traditional processes and reorient regulatory priorities. In a new book, Regulation by Litigation (Yale University Press), Andrew Morriss, Bruce Yandle, and Andrew Dorchak argue that such “regulation by litigation” is attractive to regulators and activists because it provides an inappropriate and undemocratic shortcut to imposing regulatory burdens on private firms, and needs to be curbed. Others argue that regulation by litigation is an important regulatory tool that can help control corporate abuses and encourage the adoption of needed consumer protections. Why is regulation by litigation on the rise? Is regulation by litigation a problem? And, if so, how can it be controlled? Join the authors and prominent legal commentators for an exploration of these and related questions. [Register now!]

Government Contracting - Remarks by Ben Cohen

Tue, 22 Jul 2008 00:00:00 EST

Benedict S. Cohen Department of the Army General Counsel Benedict S. Cohen will address key acquisition issues facing the Army and challenges facing government contracts and their legal representation. [Register now!]

Our Nation's Founding Principles and Our Tax Code - Consistent or In Conflict?

Wed, 23 Apr 2008 00:00:00 EST

Eileen O'Connor, Michael Cannon, Robert B. Helms, Mark V. Pauly, Amy Monahan, Lee E. Goodman, Kevin J. Hasson, Matthew Vadum, Lily Batchelder, Leonard E. Burman, Stephen J. Entin, Anne D. Neal The architects of our nation took great care to constitute a limited government founded on personal responsibility and individual liberty. Do our internal revenue laws promote or undermine these founding principles? Are they an appropriate vehicle for implementing sweeping social policy? These and other questions will be the focus of our conference. [Register now!]

The False Claims Act

Mon, 31 Mar 2008 00:00:00 EST

Andrew Grosso, Marcia G. Madsen, Shelley Slade, Jonathan Diesenhaus, R. Christopher Cook Congress is considering several amendments to the False Claims Act which would broaden whistleblower protection and qui tam provisions. Supporters argue that these amendments will lead to better government and a closer monitoring of federal expenditures. Others maintain that the amendments, which make federal employees relators under qui tam, are inadvisable at best and potentially detrimental to business and other concerns.

Federal Preemption and the Supreme Court

Wed, 20 Feb 2008 00:00:00 EST

Michael S. Greve, Catherine M. Sharkey, Daniel E. Troy, Brian Wolfman, Theodore H. Frank

Featuring:

Dr. Michael S. Greve, American Enterprise Institute
Prof. Catherine Sharkey, New York University School of Law
Hon. Daniel Troy, Sidley Austin
Mr. Brian Wolfman, Public Citizen Litigation Group
Mr. Theodore H. Frank, Moderator, American Enterprise Institute

2007 National Lawyers Convention

Fri, 16 Mar 2007 00:00:00 EST

Samuel A. Alito, Randy E. Barnett, Robert H. Bork, Frank H. Easterbrook, Richard A. Epstein, Charles Fried, Jamie Gorelick, Gail Heriot, Neal K. Katyal, Alex Kozinski, Andrew C. McCarthy, Michael W. McConnell, Edwin Meese III, Theodore B. Olson, Walter K. Olson, Stephen Reinhardt, John G. Roberts Jr., Antonin Scalia, Phyllis Schlafly, Jay Alan Sekulow, Nadine Strossen, George J. Terwilliger III, David C. Vladeck, Eugene Volokh, Akhil Reed Amar, Robert Audi, John S. Baker, Jr., Michael Barone, Bob Barr, Carlos T. Bea, Fran�ois-Henri Briard, Janice Rogers Brown, James S. Burling, Steven G. Calabresi, Lawrence W. Casey, Ronald A. Cass, Brett M. Kavanaugh This year marks the 25th Anniversary of the Federalist Society and on November 15-17 we will be celebrating this milestone during our Annual National Lawyers Convention. The theme for this year's convention is "Shining City Upon a Hill: American Exceptionalism." In addition to the numerous panels containing noted legal experts and scholars from across the political spectrum, The convention will also feature the Seventh Annual Barbara K. Olson Memorial Lecture, to be delivered by Chief Justice John Roberts. The highlight of the convention will be the 25th Anniversary Gala, attended by many more special guests, which will be held in the Main Hall of Washington, DC's Union Station.
[Register now!]

How Should the Courts Interpret Split Decisions?

Tue, 19 Jun 2007 00:00:00 EST

The Supreme Court occasionally renders plurality opinions, which may involve 4-1-4 decisions or any number of other formulations of justices where no clear majority on particular issues emerges. These plurality opinions often address significant issues yet, due to the lack of a clear majority, are difficult for the lower courts, the regulated community, and practitioners to interpret and apply. On June 21, the Federalist Society presented a live audiocast of a panel of experts who discussed these issues and more. [Click here to listen to a replay of this event]

Renewable Energy: Practical Alternatives or Costly Diversion of Resources?

Tue, 22 May 2007 00:00:00 EST

Speakers:

Jeffrey B. Clark, Kirkland & Ellis LLP
Kenneth P. Green, American Enterprise Institute
Sam Watson, Senior Staff Attorney, North Carolina Utilities Commission