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Administrative Law

The Environmental Protection Agency’s Waters of the United States Rule - Podcast

Environmental Law & Property Rights Practice Group Podcast
Brent A. Fewell, Patrick A. Parenteau April 22, 2015

The Environmental Protection Agency and the Army Corps of Engineers are currently engaged in a controversial rulemaking to redefine its jurisdiction over bodies of water through a new definition of the “Waters of the United States” under the Clean Water Act. Some have criticized the proposed rule, claiming that it is an overreach that would give the federal government authority over huge areas of private and state land that are rarely even wet, while others have dismissed these concerns as overblown and have pointed out the benefits of clarifying what is currently a murky area of law. Our experts discussed the rulemaking and presented both sides of the argument.

  • Brent A. Fewell, Partner, Troutman Sanders LLP
  • Prof. Patrick A. Parenteau, Senior Counsel, Professor of Law, Vermont Law School

Innovation and Inequality: Conservative and Libertarian Perspectives - Event Audio/Video

2015 National Student Symposium
Richard A. Epstein, Elizabeth Kregor, John O. McGinnis, Frank H. Easterbrook April 17, 2015

We are in an age of accelerating technology but many fear we are also in an age of growing inequality. Does the fast pace of innovation pose a threat to social stability? Many fear that machines will take away jobs from the less skilled and extend the reach of superstars, thus deepening inequality. This panel will address the dangers of innovation to employment and equality and what, if anything, the government should do about it.

  • Prof. Richard Epstein, NYU School of Law
  • Ms. Beth Kregor, Director of the Institute for Justice Clinic on Entrepreneurship at the University of Chicago Law School
  • Prof. John McGinnis, Northwestern University School of Law
  • Moderator: Hon. Frank Easterbrook, U.S. Court of Appeals, Seventh Circuit

This program was presented on February 21, 2015, as part of the 2015 Federalist Society National Student Symposium.

Current Issues in Patent Law and Policy - Event Audio/Video

2015 National Student Symposium
Phyllis Turner-Brim, A. Douglas Melamed, Michael J. Meurer, Adam Mortara, Danny J. Boggs April 17, 2015

Our patent system has historically been thought to be an engine of innovation, but it is much criticized today. Is a one-size-fits all model for patent duration appropriate in today's technological environment or does it simply incentivize unnecessary litigation? For instance, the rapid pace of technological change in some areas may obviate the need of lengthy patents in some areas. Should certain innovation—such as business processes be patentable? Should the patent office be reorganized or split up to better assess patents. What other types of incentives, including those provided by copyright or prizes, provide alternatives to patents?

  • Ms. Phyllis Turner-Brim, Chief Intellectual Property Counsel, Intellectual Ventures
  • Prof. Doug Melamed, Visiting Professor, Stanford Law School
  • Prof. Michael Meurer, Boston University School of Law
  • Mr. Adam Mortara, Partner, Bartlit Beck Herman Palenchar & Scott LLP
  • Moderator: Hon. Danny J. Boggs, U.S. Court of Appeals, Sixth Circuit

This program was presented on February 21, 2015, as part of the 2015 Federalist Society National Student Symposium.

Innovation and the Administrative State - Event Audio/Video

2015 National Student Symposium
William Baude, Jon Dudas, Steven Lehotsky, Jennifer Nou, Stephen J. Markman, Kathryn Bi April 17, 2015

Regulation can be a significant barrier to innovation, protecting incumbents and making it harder to bring new goods and services to market. Determining the appropriate regulation is all the more difficult when accelerating technology is creating many new opportunities as well as potential dangers. Can the administrative state itself innovate to promote beneficial innovation? Topics to be considered here will be the nature and scope of cost-benefit analysis, the use of experiments to guide regulation and prizes as an alternative to top-down regulation.

  • Prof. William Baude, University of Chicago Law School
  • Mr. Jon Dudas, Senior Associate to the President, University of Arizona and former Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office
  • Mr. Steve Lehotsky, Deputy Chief Counsel for Litigation, U.S. Chamber Litigation Center
  • Prof. Jennifer Nou, University of Chicago Law School
  • Moderator: Hon. Stephen Markman, Michigan Supreme Court
  • Introduction: Ms. Kathryn Bi, President, University of Chicago Law School Federalist Society

This program was presented on February 20, 2015, as part of the 2015 Federalist Society National Student Symposium.
 

Michigan v. Environmental Protection Agency - Post-Argument SCOTUScast

SCOTUScast 3-31-15 featuring Jonathan Adler
Jonathan H. Adler March 31, 2015

On March 24, 2015, the Supreme Court heard oral argument in Michigan v. Environmental Protection Agency. The question in this case is whether the Environmental Protection Agency was acting unreasonably when it did not consider the costs of compliance in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities

To discuss the case, we have Jonathan Adler, who is the Johan Verheij Memorial Professor of Law; Director, Center for Business Law and Regulation at the Case Western Reserve University School of Law.