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Federalism & Separation of Powers

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  • Congressional-Executive Powers
  • Federalism
  • Role of the Courts
  • Scholarship and Academic Affairs

2017 National Lawyers Convention

November 16, 2017

The 2017 National Lawyers Convention is scheduled for Thursday, November 16 through Saturday, November 18 at the Mayflower Hotel in Washington, D.C. More information will be posted later this summer.

Supreme Court Preview: What Is in Store for October Term 2017?

Co-Sponsored by the Faculty Division and the Practice Groups
Jan Crawford, Samuel Estreicher, Orin S. Kerr September 27, 2017

This event is being live-streamed.

October 2nd will mark the first day of oral arguments for the 2017 Supreme Court term. The Court's docket already includes major cases involving Federal Courts, redistricting, the First Amendment, election law, business law, class actions, international and immigration issues, alien tort statutes, and the Fourth Amendment.

The full list of cases granted thus far for the upcoming term can be viewed on SCOTUSblog here. The panelists will also discuss the current composition and the future of the Court.

Featuring:

  • Prof. Samuel Estreicher, New York University School of Law
  • Prof. Orin Kerr, George Washington University Law School
  • Kyle Duncan, Schaerr Duncan, LLP
  • Moderator: Ms. Jan Crawford, CBS News
  • More panelists TBA

Benefit-Cost Analysis and the Courts

Administrative Law & Regulation Practice Group Teleforum
Emily Hammond, Eugene Scalia August 11, 2017

This call will highlight recent trends in how the courts have considered benefit-cost analysis when reviewing regulations under various statutes. Our experts will also examine the pros and cons of greater judicial review of regulatory analysis and the effect of judicial review on agency behavior. Join us to hear Professor Emily Hammond, Professor of Law at The George Washington University Law School, and Eugene Scalia, Partner at Gibson, Dunn & Crutcher LLP, discuss these important topics.  

Featuring:

  • Emily Hammond, Professor of Law, The George Washington University Law School
  • Eugene Scalia, Partner, Gibson, Dunn & Crutcher LLP

Regulation & the American Dream

Regulatory Transparency Project's Fourth Branch Video Series
July 14, 2017

Arguably, regulation has helped us achieve the American Dream. The benefits are numerous. But have regulations gone too far? The Regulatory Transparency Project’s Fourth Branch video series will explore this question.

The Fourth Branch video series is a product of the Regulatory Transparency Project. The RTP is a years-long endeavor designed to reach and to educate a broad audience. The purpose, in part, is to illustrate that regulatory excess is not a partisan issue but, a good government issue. We believe that such an approach can lead to both immediate changes and, more importantly, development of a healthy societal understanding of both regulatory benefits and costs. Visit our website – www.RegProject.org – to subscribe to our newsletter updates, to view all of our content, and to connect with us on social media.

The State of Antitrust Enforcement

Albert A. Foer, Geoffrey A. Manne, Joshua D. Wright, Ronald A. Cass June 09, 2017

Antitrust policy during much of the Obama Administration was a continuation of the Bush Administration’s minimal involvement in the market. However, at the end of President Obama’s term, there was a significant pivot to investigations and blocks of high profile mergers such as Halliburton-Baker Hughes, Comcast-Time Warner Cable, Staples-Office Depot, Sysco-US Foods, and Aetna-Humana and Anthem-Cigna. How will or should the new Administration analyze proposed mergers, including certain high profile deals like Walgreens-Rite Aid, AT&T-Time Warner, Inc., and DraftKings-FanDuel?

Join us for a lively luncheon panel discussion that will cover these topics and the anticipated future of antitrust enforcement.

Speakers: 

  • Albert A. Foer, Founder and Senior Fellow, American Antitrust Institute
  • Professor Geoffrey A. Manne, Executive Director, International Center for Law & Economics

  • Honorable Joshua D. Wright, Professor of Law, George Mason University School of Law

  • Moderator: Honorable Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC

Keynote Address by Mick Mulvaney - Event Audio/Video

Fifth Annual Executive Branch Review Conference
Mick Mulvaney, David M. McIntosh June 07, 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. The Conference began with an opening address by Senator Mike Lee and concluded with this closing address by OMB Director Mick Mulvaney. 

The 2017 Executive Branch Review Conference was held at the Mayflower Hotel in Washington, D.C. on May 17, 2017.

Keynote Address
4:00 p.m. – 4:30 p.m.
Grand Ballroom

  • Hon. Mick Mulvaney, Director, Office of Management and Budget
  • Introduction: Hon. David M. McIntosh, President, Club for Growth and Vice Chairman, The Federalist Society

Mayflower Hotel
Washington, DC

The Barriers to the American Innovation Economy - Event Audio/Video

Fifth Annual Executive Branch Review Conference
Sally Greenberg, Robert Fisher, Abbott (Tad) Lipsky, Bret Swanson, Kathleen Q. Abernathy June 07, 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. The Conference began with this opening address by Senator Mike Lee and concluded with a closing address by OMB Director Mick Mulvaney.

This panel of the 2017 Executive Branch Review Conference was held at the Mayflower Hotel in Washington, D.C. on May 17, 2017.

Breakout Session: The Barriers to the American Innovation Economy
2:15 p.m. – 3:45 p.m.
Palm Court Ballroom

  • Ms. Sally Greenberg, Executive Director, National Consumers League 
  • Mr. Robert Fisher, Senior Vice President, Federal Government Relations, Verizon 
  • Mr. Abbott "Tad" Lipsky, Acting Director of Bureau of Competition, Federal Trade Commission 
  • Mr. Bret Swanson, Visiting Fellow, Center for Internet, Communications, and Technology, American Enterprise Institute
  • Moderator: Hon. Kathleen Q. Abernathy, Former Commissioner, Federal Communications Commission

Mayflower Hotel
Washington, DC

Judicial Deference and Congressional Action - Event Audio/Video

Fifth Annual Executive Branch Review Conference
Ronald A. Cass, John O. McGinnis, Richard Pierce, M. Edward Whelan, Thomas B. Griffith June 07, 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. The Conference began with an opening address by Senator Mike Lee and concluded with a closing address by OMB Director Mick Mulvaney.

This panel of the 2017 Executive Branch Review Conference was held at the Mayflower Hotel in Washington, D.C. on May 17, 2017.

Breakout Session: Judicial Deference and Congressional Action
2:15 p.m. – 3:45 p.m.
East Room

  • Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC 
  • Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern Pritzker School of Law
  • Prof. Richard Pierce, Lyle T. Alverson Professor of Law, George Washington University Law School
  • Mr. M. Edward Whelan, President, Ethics and Public Policy Center 
  • Moderator: Hon. Thomas B. Griffith, United States Court of Appeals, D.C. Circuit

Mayflower Hotel
Washington, DC

Is the Modern Congress Doing More Harm Than Good? - Event Audio/Video

Fifth Annual Executive Branch Review Conference
Lisa Heinzerling, Matthew Spalding, Adam J. White, Elizabeth Wydra, Dean A. Reuter June 07, 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. The Conference began with an opening address by Senator Mike Lee and concluded with a closing address by OMB Director Mick Mulvaney.

This panel of the 2017 Executive Branch Review Conference was held at the Mayflower Hotel in Washington, D.C. on May 17, 2017.

Luncheon Panel: Is the Modern Congress Doing More Harm Than Good?
12:45 p.m. – 2:00 p.m.
Grand Ballroom

  • Prof. Lisa Heinzerling, Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center 
  • Mr. Matthew Spalding,  Associate Vice President and Dean for Educational Programs, Hillsdale College
  • Mr. Adam J. White, Research Fellow, The Hoover Institution and Adjunct Professor, Antonin Scalia Law School, George Mason University 
  • Ms. Elizabeth B. Wydra, President, Constitutional Accountability Center
  • Moderator: Mr. Dean A. Reuter, General Counsel, Vice President & Director of Practice Groups, The Federalist Society

Mayflower Hotel
Washington, DC

Influence of Individual Members of Congress on Agencies - Event Audio/Video

Fifth Annual Executive Branch Review Conference
James C. Miller, Alan C. Raul, Zachary Schram, Kathleen Casey June 07, 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. The Conference began with an opening address by Senator Mike Lee and concluded with a closing address by OMB Director Mick Mulvaney.

This panel of the 2017 Executive Branch Review Conference was held at the Mayflower Hotel in Washington, D.C. on May 17, 2017.

Breakout Session: Influence of Individual Members of Congress on Agencies
10:45 a.m. – 12:15 p.m.
Palm Court Ballroom

  • Hon. James C. Miller, III, Senior Advisor, Husch Blackwell LLP
  • Mr. Alan C. Raul, Partner, Sidley Austin LLP
  • Mr. Zachary I. Schram, Oversight Counsel, United States Senate Homeland Security and Governmental Affairs Committee 
  • Moderator: Hon. Kathleen S. Casey, Senior Advisor, Patomak Global Partners

Mayflower Hotel
Washington, DC