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Administrative Law

Joint Employment Update - Podcast

Labor & Employment Law Practice Group Podcast
Ronald E. Meisburg November 30, 2016

Ronald Meisburg, former National Labor Relations Board Member and General Counsel, joined us to discuss recent updates to joint employment law. Joint Employment is defined under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Workers Protection Act as a form of employment that “exists when an employee is employed by two (or more) employers such that the employers are responsible, both individually and jointly, to the employee for compliance with a statute.”

This issue has risen to the forefront of labor law as President Obama’s Department of Labor has become more aggressive in his last year and as businesses grapple with the coming of a new administration.

Featuring:

  • Hon. Ronald Meisburg, Special Counsel, Hunton & Williams

The Evolution of Justice Scalia's Views on Administrative Law - Event Audio/Video

2016 National Lawyers Convention
Ronald A. Cass, Paul D. Clement, E. Donald Elliott, Lisa Heinzerling, Eugene Scalia, Eileen J. O'Connor November 24, 2016

For all of his many contributions to modern American jurisprudence, no area of law bears Justice Scalia's imprint more than administrative law. Indeed, he dedicated his entire career to it: from teaching at Virginia and Chicago, to serving in the Ford Administration, to his regulatory policy and legal writings at the American Enterprise Institute, to his service on the D.C. Circuit and ultimately the Supreme Court, he left a body of work unmatched by any modern Supreme Court justice. Whether writing in defense of particular doctrine or in criticism of it, his opinions and essays fundamentally shaped modern administrative law. Yet even late in his career, he continued to reflect and rethink his views, especially on questions such as Chevron deference and Seminole Rock deference. This panel collects some of the nation's most significant administrative law minds, to reflect on his legacy and evolution.

This panel was held on November 19, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Administrative Law & Regulation: The Evolution of Justice Scalia's Views on Administrative Law
11:00 a.m. – 12:30 p.m.    
State Room

  • Hon. Ronald A. Cass, President, Cass & Associates, PC and Dean Emeritus, Boston University School of Law
  • Hon. Paul D. Clement, Partner, Kirkland & Ellis LLP
  • Prof. E. Donald Elliott, Senior of Counsel at Covington & Burling, Professor (Adjunct) of Law, Yale Law School
  • Prof. Lisa Heinzerling, Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center
  • Moderator: Mr. Eugene Scalia, Partner, Gibson Dunn & Crutcher
  • Introduction: Hon. Eileen J. O'Connor, Law Office of Eileen J. O'Connor, PLLC

The Mayflower Hotel
Washington, DC

Transforming Statutory Interpretation - Event Audio/Video

2016 National Lawyers Convention
William N. Eskridge, Jr., Abbe R. Gluck, Gary S. Lawson, Nicholas Quinn Rosenkranz, Diane S. Sykes, Dean A. Reuter November 24, 2016

Justice Scalia also greatly influenced the law of statutory interpretation. By eliminating legislative history as a source of statutory meaning, Justice Scalia forced Congress to say what it meant in the text of the laws it adopted rather than hiding the ball in a forest of contradictory legislative history. Justice Scalia construed statutes by looking at the plain meaning of their texts. He revived the canons of statutory interpretations, which had fallen into disuse since the Legal Realist movement of the 1930's and 1940's. He even wrote a treatise on statutory interpretation, which no justice other than Justice Joseph Story in the early Nineteenth Century had done. In the Warren Court era, statutory cases rarely quoted the text of the statutes being interpreted and focused instead exclusively on the legislative history. Justice Scalia helped change that. Courts today always begin with the text of statutes and rarely look at the legislative history. Justice Scalia also played the key role in developing the doctrine of Chevron deference in Administrative Law, moving the interpretation of ambiguous delegations of legislative power to elected executive branch officials and away from courts. While it is clear why Justice Scalia expressed these views, he was also expressing, in the last years, great concern about how Chevron deference was working in practice.

This panel was held on November 19, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Showcase Panel III: Transforming Statutory Interpretation
9:00 a.m. – 10:45 a.m.
Grand Ballroom

  • Prof. William Eskridge, Jr., John A. Garver Professor of Jurisprudence, Yale Law School
  • Prof. Abbe R. Gluck, Professor of Law and Faculty Director, The Solomon Center for Health Law and Policy, Yale Law School
  • Prof. Gary S. Lawson, Philip S. Beck Professor of Law, Boston University School of Law
  • Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center
  • Moderator: Hon. Diane S. Sykes, U.S. Court of Appeals, Seventh Circuit
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

The Mayflower Hotel
Washington, DC

Courthouse Steps: NLRB v. SW General, Inc - Podcast

Litigation, Federalism & Separation of Powers, and Labor & Employment Practice Groups Podcast
John Elwood November 08, 2016

On November 7, the Supreme Court heard oral argument in National Labor Relations Board v. SW General, Inc., which deals with presidential appointment powers and centers on a dispute over provisions of the Federal Vacancies Reform Act of 1998 (FVRA). The case challenges a 2013 National Labor Relations Board (NLRB) determination of unfair labor practices at an Arizona ambulance company, SW General. SW General contends that under the FVRA, President Obama's appointment of an acting general counsel, Lafe Solomon, for an NLRB vacancy was illegal, and therefore the case against them should be dismissed.

The U.S. Court of Appeals for the District of Columbia Circuit agreed that the acting general counsel Solomon's tenure violated the FVRA and invalidated the decision. The federal government now seeks relief from the High Court, based on alternative statutory interpretation that the President's appointment was fully permissible under the law.

Featuring:

  • John Elwood, Partner, Vinson & Elkins LLP

Regulating Rideshare: Uber & Lyft in Austin, TX

Short video
November 04, 2016

Why did Uber and Lyft leave one of the fastest-growing cities in America? Lawyers, reporters, Austin city council members, and the drivers themselves weigh in on the core issues of regulating the sharing economy and what it means for the future of ridesharing in Austin, TX. 

In the sharing economy, should new, high-tech businesses face the same regulatory framework as their more established competitors? Or should we allow the peer-to-peer market to regulate itself? "Regulating Rideshare" explores these issues and more in the first of our three documentary shorts about legal issues in the sharing economy.