Administrative Law

Chevron in the Circuit Courts

Administrative Law and Regulation Practice Group Teleforum Thursday, October 27, 03:00 PMFederalist Society Teleforum Conference Call

Recent opinions from the Supreme Court and policy debates within the halls of Washington have placed a renewed focus on the amount of judicial deference administrative agencies receive when interpreting statues. Kent Barnett of the University of Georgia Law School and Christopher Walker of Ohio State’s Moritz College of Law have authored a law review article entitled Chevron in the Circuit Courts that empirically examines the effect of so-called Chevron, and its weaker cousin Skidmore, deference on cases heard by the federal intermediate appellate courts. Their article features circuit and agency-specific data on when and where Chevron really matters.  Stephen Vaden will moderate a discussion with the papers' authors in a teleforum that should be of interest to both administrative law practitioners and those engaged in the debate over the size and role of the administrative state. 


  • Prof. Kent Barnett, Associate Professor of Law, University of Georgia Law School
  • Prof. Christopher Walker, Associate Professor of Law, Ohio State University, Michael E. Moritz College of Law
  • Moderator: Stephen Vaden, Associate, Jones Day

11th Hour Changes to the Census: Newly Proposed Racial Categorizations

Civil Rights Practice Group Teleforum Tuesday, October 25, 12:00 PMFederalist Society Teleforum Conference Call

On September 30, the Office of Management and Budget (OMB) proposed a new rule on the nation’s racial categorizations, titled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity.” This rule would apply to federal programs throughout the federal government.

Two proposed changes stand out: the first would create a new ethnic group by bringing together people who originated in the North Africa and the Middle East (MENA), and the second would eliminate a question on race for Hispanics, effectively making “Hispanics” their racial identifier. OMB calls this a “limited revision,” but the changes would impact many areas including congressional redistricting and affirmative action programs. Currently Hispanics mark two boxes, an ethnic one for Hispanic, a second one for race. Thus over 50 percent of Hispanics (29 million in the 2010 census) are categorized as white. Since Hispanics account for 75 percent of the growth of whites today, preventing them from being identified as white in government statistics would have real and important effects.


  • Mr. Roger Clegg, President & General Counsel, Center for Equal Opportunity
  • Mr. Mike Gonzalez, Senior Fellow, The Heritage Foundation

Consumer Financial Protection Bureau Update - October 2016 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Julius L. Loeser October 20, 2016

Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee will provide an update on recent important activity at the Consumer Financial Protection Bureau (CFPB). The wide-ranging discussion will cover the CFPB’s payday loan rulemaking, civil penalty fund, consumer complaint database, management challenges, and the bureau’s views on student loans. Another important topic will be the U.S. Court of Appeals for the District of Columbia’s recent ruling in PHH Corporation, et. al., v. CFPB, that the CFPB's structure is unconstitutional.


  • Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
  • Julius L. Loeser, Of Counsel, Winston & Strawn LLP

FTC’s 6(b) Patent Assertion Entity Study - Podcast

Intellectual Property Practice Group Podcast
Jorge Contreras, Kristen Osenga, Laurie Self, Adam Mossoff October 18, 2016

On October 6, 2016, the Federal Trade Commission released the long-awaited results of its 6(b) study on patent assertion entities (PAEs). The study provides detailed information about the litigation and licensing activities by the approximately twenty companies the FTC ordered to submit data. The study does more than just describe this data, though. Given that PAEs' function in the innovation industries, the FTC also proposed a number of legislative and judicial recommendations concerning how patents are asserted against alleged infringers. Thus, the FTC's PAE study is an important part of the policy debates about patents, patent licensing, patent litigation, and the impact these have on the innovation economy. In this Teleforum, the panelists discussed the study findings and their reactions to the study and its policy proposals.


  • Prof. Jorge L. Contreras, Associate Professor, S.J. Quinney College of Law, University of Utah
  • Prof. Kristen Osenga, Professor of Law, University of Richmond School of Law
  • Ms. Laurie Self, Vice President and Counsel of Government Affairs, Qualcomm Incorporated
  • Moderator: Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar of CPIP, Antonin Scalia Law School, George Mason University