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Administrative Law & Regulation

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Fifth Annual Executive Branch Review Conference

The Relationship between Congress and the Executive Branch
Ronald A. Cass, Neil Eggleston, Todd F. Gaziano, Sally Greenberg, Kathleen Grillo, Lisa Heinzerling, Grace Koh, Michael S. Lee, Abbott (Tad) Lipsky, James C. Miller, David M. McIntosh, Mike J. Rogers, David C. Vladeck, Adam J. White, Benjamin Wittes, M. Edward Whelan May 17, 2017

The Fifth Annual Executive Branch Review Conference will examine the changing and often convoluted relationship between the legislative and the executive branches in the United States government. This daylong conference will feature plenary panels, addresses, and breakout panels on topics such as “The Unitary Executive,” “Chevron Deference,” and “Congressional Oversight of Voting Rights.”

The Conference will begin with an opening address by Senator Mike Lee.

When a Pastor’s House Is a Church Home: Why the Parsonage Allowance Is Desirable Under the Establishment Clause

Federalist Society Review, Volume 18
Hannah C. Smith, Daniel Benson April 25, 2017

Hannah Smith and Daniel Benson discuss the parsonage allowance, whereby the value of a minister’s home is exempted from federal income tax. It argues that the allowance is constitutional under the Establishment Clause, and indeed desirable pursuant to important Establishment Clause values. [Read Now]

Making the Administrative State More Accountable - Podcast

Administrative Law & Regulation Practice Group Podcast
Oren Cass, Kevin Kosar, Adam J. White April 11, 2017

How might America reform the modern administrative state—not only to limit its power, but to restore its constitutional accountability to Congress, the President, and the courts? That is the subject of a recent report by National Affairs, on policy reforms for a more accountable administrative state. In its four chapters, the report:

1. Diagnoses the fundamental problems underlying the modern administrative state, which reflect a failure of republican governance;
2. Proposes to restore Congress to its crucial constitutional role as the "First Branch" in lawmaking, policymaking, appropriations and oversight;
3. Proposes to modernize White House oversight of agency regulatory actions, primarily by shifting the Office of Information and Administration's role from one of reaction to one of action; and
4. Proposes to reform both the laws governing agency process and the laws governing judicial review of agency action, in order to improve the quality of agency actions and, relatedly, to ensure more meaningful judicial review of agency actions.

To discuss these issues and proposals, please join us for a teleforum discussion with the report’s three authors: Adam WhiteOren Cass, and Kevin Kosar

Featuring:

  • Oren Cass, Senior Fellow, Manhattan Institute
  • Kevin Kosar, Governance Project Director and Senior Fellow, R Street Institute
  • Adam White, Research Fellow, The Hoover Institution and Adjunct Professor, Antonin Scalia Law School

Making the Administrative State More Accountable

Administrative Law & Regulation Practice Group Teleforum
Oren Cass, Kevin Kosar, Adam J. White April 10, 2017

How might America reform the modern administrative state—not only to limit its power, but to restore its constitutional accountability to Congress, the President, and the courts? That is the subject of a recent report by National Affairs, on policy reforms for a more accountable administrative state. In its four chapters, the report:

1. Diagnoses the fundamental problems underlying the modern administrative state, which reflect a failure of republican governance;
2. Proposes to restore Congress to its crucial constitutional role as the "First Branch" in lawmaking, policymaking, appropriations and oversight;
3. Proposes to modernize White House oversight of agency regulatory actions, primarily by shifting the Office of Information and Administration's role from one of reaction to one of action; and
4. Proposes to reform both the laws governing agency process and the laws governing judicial review of agency action, in order to improve the quality of agency actions and, relatedly, to ensure more meaningful judicial review of agency actions.

To discuss these issues and proposals, please join us for a teleforum discussion with the report’s three authors: Adam WhiteOren Cass, and Kevin Kosar

Featuring:

  • Oren Cass,  Senior Fellow, Manhattan Institute
  • Kevin Kosar, Governance Project Director and Senior Fellow, R Street Institute
  • Adam White, Research Fellow, The Hoover Institution and Adjunct Professor, Antonin Scalia Law School

The Role of Economic Liberty in the United States - Event Audio/Video

Administrative Law & Regulation and Telecommunications & Electronic Media Practice Groups
Michelle P. Connolly, Clark Neily, Lawrence J. Spiwak, Maureen K. Ohlhausen, Dean A. Reuter March 30, 2017

The Federalist Society hosted a lunch and discussion on the role of Economic Liberty in the United States on Tuesday, March 28, 2017.  

Today, many job-seeking Americans and companies face significant government barriers that restrict their full participation in the economy. These barriers, often in the form of restrictive regulatory regimes, prevent consumers from using their skills, entering new professions, and starting new businesses. They also prevent low and middle-class Americans from moving up the ladder.  Competition and free markets have the power to spur innovation, create new business models, and drive economic opportunity and growth.

Policymakers, like Acting Chair of the Federal Trade Commission Maureen Ohlhausen, have begun to take actions to address these barriers.  For example, Ms. Ohlhausen recently announced the creation of an Economic Liberty Task Force to advance economic liberty issues, with a particular focus on occupational licensing regulations.  These topics and others were addressed.

Speakers Include: 

  • Prof. Michelle P. Connolly, Professor of the Practice of Economics, Duke University
  • Clark Neily, Senior Attorney, Institute for Justice
  • Lawrence J. Spiwak, President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
  • Moderator: Hon. Maureen K. Ohlhausen, Acting Chairman, Federal Trade Commission
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

National Press Club
Washington, DC

The Role of Economic Liberty in the United States - Sen. Ted Cruz Keynote Address - Event Audio/Video

Administrative Law & Regulation and Telecommunications & Electronic Media Practice Groups
R. Ted Cruz, Dean A. Reuter March 30, 2017

Senator Ted Cruz gives the keynote address to open the Federalist Society's lunch and discussion on the role of Economic Liberty in the United States on Tuesday, March 28, 2017.

Featuring: 

  • Hon. R. Ted Cruz, United States Senator, Texas
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

National Press Club
Washington, DC

The Role of Economic Liberty in the United States

Administrative Law & Regulation and Telecommunications & Electronic Media Practice Groups
R. Ted Cruz, Maureen K. Ohlhausen, Michelle P. Connolly, Clark Neily, Lawrence J. Spiwak March 28, 2017

The Federalist Society will host a lunch and discussion on the role of Economic Liberty in the United States on Tuesday, March 28, 2017.  Today, many job-seeking Americans and companies face significant government barriers that restrict their full participation in the economy.  These barriers, often in the form of restrictive regulatory regimes, prevent consumers from using their skills, entering new professions, and starting new businesses.  They also prevent low and middle class Americans from moving up the ladder.  Competition and free-markets have the power to spur innovation, create new business models, and drive economic opportunity and growth.  Policymakers, like Acting Chair of the Federal Trade Commission Maureen Ohlhausen, have begun to take actions to address these barriers.  For example, Ms. Ohlhausen recently announced the creation of an Economic Liberty Task Force to advance economic liberty issues, with a particular focus on occupational licensing regulations.  These topics and others will be addressed.

Address - Audio/Video

  • Hon. R. Ted Cruz, United States Senator, Texas

Panel - Audio/Video 

  • Prof. Michelle P. Connolly, Professor of the Practice of Economics, Duke University
  • Clark Neily, Senior Attorney, Institute for Justice
  • Lawrence J. Spiwak, President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
  • Moderator: Hon. Maureen K. Ohlhausen, Acting Chairman, Federal Trade Commission

The Role of White House Counsel - Podcast

Administrative Law and Federalism & Separation of Powers Practice Groups Podcast
Timothy E. Flanigan, C. Boyden Gray March 17, 2017

In recent weeks, there has been a flurry of editorials on the proper role of the White House Counsel, driven by criticism of White House Counsel Donald McGahn. After the rollout of President Trump’s Immigration Executive Order, some, like Jack Goldsmith, have written that McGahn should have worked with other agencies before the Order was released to prevent the chaos that ensued.

But what is the proper role of the White House Counsel? Is it to coordinate inter-agency reaction? Should he or she provide legal support to the President first? Or is his or her real client the office of the presidency? Former White House Counsel C. Boyden Gray and former Deputy White House Counsel Timothy Flanigan joined us to help answer these questions and many others.

Featuring:

  • Hon. Timothy E. Flanigan, Chief Legal & Compliance Officer, Corporate Secretary, Cancer Treatment Centers of America; Former Deputy White House Counsel to President George W. Bush
  • Hon. C. Boyden Gray, Founding Partner, Boyden Gray & Associates; Former White House Counsel to President George H.W. Bush