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Administrative Law

Improving the Use of Science in Regulation

Administrative Law & Regulation and Environmental Law & Property Rights Practice Group Teleforum Thursday, June 29, 02:00 PMFederalist Society Teleforum Conference Call

Regulations intended to address public health and environmental risks depend heavily on scientific information. Yet, they are often the subject of heated debate, involving accusations of “politicized science,” “advocacy science,” and “junk science.” Susan Dudley will discuss her forthcoming paper with Marcus Peacock that explores the motivations and institutional incentives that have led to this acrimony. The paper illustrates the problem with a case study of the National Ambient Air Quality Standards issued under the Clean Air Act, and offers recommendations for improving how science is used to inform regulatory policy.

Featuring: 

  • Hon. Susan E. Dudley, Director, Regulatory Studies Center and Distinguished Professor of Practice, The George Washington University

Chevron's Foundation: Congressional Delegation of Interpretive Primacy - Podcast

Administrative Law & Regulation Practice Group Podcast
Mark Seidenfeld June 23, 2017

This Teleforum explores the foundation for Chevron deference to agency statutory interpretation, and the implications of that foundation. In particular, it considers whether the Supreme Court’s justification of Chevron as deriving from an implicit delegation of interpretive primacy to an agency within the context of taking action with the force of law is justifiable. It also considers whether a better justification is the implicit constraint inherent in Article III of the Constitution that courts should avoid engaging in policy decisionmaking to the extent possible when performing their judicial functions. It goes on to consider the implications of these two different justifications for Chevron, potentially addressing the applicability of Chevron to actions that do not carry the force of law (i.e. Chevron’s step zero), Chevron’s major question exception, the appropriate judicial inquiry at step two of Chevron, and perhaps even the extent to which Congress can override the Chevron doctrine as a canon of statutory interpretation.

Featuring: 

  • Mark Seidenfeld, Patricia A. Dore Professor of Administrative Law, Florida State University College of Law

Federal Reserve Accountability and the CHOICE Act - Podcast

Financial Services & E-Commerce Practice Group Podcast
Alex J. Pollock, Norbert J. Michel June 15, 2017

To whom is the Federal Reserve accountable?  Does the Fed's insistence on its "independence" mean it thinks the answer is: To no one?  Who should oversee the results, successful or unsuccessful, of the Fed's actions?  One answer was given by a former president of the New York Fed years ago: "The Congress which set us up has the authority and should review our actions at any time they want to, and in any way they want to."  The CHOICE Act, recently passed by the House Financial Services Committee would in its Title X., "Fed Oversight Reform," create greater Fed accountability to the Congress.This Federalist Society Teleforum explored the bill's provisions and the issues involved.

Featuring: 

  • Alex Pollock, Senior Fellow, R Street Institute
  • Norbert Michel, Senior Research Fellow, Financial Regulations and Monetary Policy, The Heritage Foundation

National Intelligence Reform - Podcast

International & National Security Law Practice Group Podcast
Benjamin Powell, David R. Shedd, Matthew R.A. Heiman June 14, 2017

During the presidential campaign, there were calls for changes to the Office of the Director of National Intelligence (ODNI), a federal agency created in response to the events of 9/11 to ensure that the seventeen organizations that make up the intelligence community act in a coordinated fashion. Following President Trump’s inauguration, former Senator Dan Coats was appointed as the Director of National Intelligence (DNI). There has also been significant media coverage around the relationship between the intelligence community and the President. During this Teleforum, we were joined by intelligence experts to discuss the relationship between the President and the intelligence community, whether the ODNI is in need of reform, and the top priorities of DNI Coats. 

Featuring: 

  • Benjamin Powell, Partner, Wilmer Cutler Pickering Hale and Dorr LLP
  • David Shedd, Advisory Board Member, Beacon Global Strategies LLC
  • Moderator: Matthew R. A. Heiman, Vice President, Corporate Secretary & Associate General Counsel, Johnson Controls