Administrative Agencies and the Regulatory StateThursday, November 16, 12:00 AMThe Mayflower Hotel 1127 Connecticut Avenue, NW Washington, DC 20036
The 2017 National Lawyers Convention is scheduled for Thursday, November 16 through Saturday, November 18 at the Mayflower Hotel in Washington, D.C. The topic of this year's convention is: Administrative Agencies and the Regulatory State. More information will be posted soon!
Regulatory Transparency Project TeleforumFriday, August 25, 11:30 AMFederalist Society Teleforum Conference Call
On August 16, the Department of Justice issued a letter repudiating the Department’s participation in an initiative known as “Operation Choke Point” during the Obama administration. Operation Choke Point sought to deprive members of disfavored industries, such as payday lenders and firearms dealers, of the right to access the banking system. The call will discuss Operation Choke Point, the Department of Justice Letter, and litigation against federal agencies who have participated in Operation Choke Point.
Join us for a discussion on the decision and its implications. Learn more and follow us at RegProject.org.
In 2011, Congress created a new administrative tribunal in the U.S. Patent Office with the power to cancel previously granted patents, called the Patent Trial and Appeal Board (PTAB). The PTAB was created to provide an efficient and inexpensive administrative process for eliminating low-quality patents – what are called “bad patents.” Despite its laudable purpose, the PTAB has earned a reputation among some as a prime example of regulatory overreach. The PTAB’s critics cite a wide range of concerns including inadequate due process protections and bias against patents. A former federal appellate chief judge even referred to PTAB administrative judges as “patent death squads.” So, is the PTAB indeed harming the property rights that have helped to drive the U.S. innovation economy for over 200 years or, is it functioning as intended? What are the concerns of its detractors? If these concerns are valid, does the PTAB need simple reform or more?
This teleforum is held in conjunction with the Monday, August 14 release of a paper authored by members of the Regulatory Transparency Project’s Intellectual Property Working Group. The paper is called “Crippling the Innovation Economy: Regulatory Overreach at the Patent Office.” This paper, which discusses this new administrative tribunal at the Patent Office, is available for viewing and download at RegProject.org.
Josh Malone, Inventor, Bunch O Balloons
Kristen Osenga, Professor, University of Richmond School of Law
Brian O’Shaughnessy, Partner, Dinsmore & Shohl LLP
Every state has laws or regulations that require individuals seeking to offer a certain service to the public first to obtain approval from the state before they may operate in the state. Recent years have seen a significant proliferation of such laws, with less than 5% of jobs in the American economy requiring a license in the 1950’s to between 25-30% today. Although licensing in some occupations may benefit the public by reducing information asymmetry and/or ensuring a minimum quality level for a particular service, the significant growth in the number of occupations governed by some form of licensing requirements poses a potential threat to competition and consumer welfare. Our panel of experts will discuss these important issues.
This event took place at Crowell & Moring in Washington, DC, on August 9, 2017.
Hon. Maureen Ohlhausen, Acting Chair of the U.S. Federal Trade Commission
James Cooper, Associate Professor, Scalia Law School at George Mason University
Sarah Oxenham Allen, Senior Assistant Attorney General, Office of the Attorney General of the Commonwealth of Virginia
Moderator:Koren W. Wong-Ervin, Director, Global Antitrust Institute, Scalia Law School at George Mason University
Moderator: Lisa Kimmel, Senior Counsel, Crowell & Moring LLP