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Executive Branch Review

2016 Executive Branch Review Conference

Executive Branch Review Conference Live Streams

Daniel T. Richards May 16, 2016
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The Fourth Annual Executive Branch Review Conference was live streamed on May 17. The theme for this year's conference was "Law & Innovation." You can watch all the live streams below.

The schedule is as follows:

Welcome & Plenary Panel: Congressional Regulatory Reform Proposals
9:00 – 10:30 a.m.

  • Hon. Susan E. Dudley, Director of the Regulatory Studies Center, The George Washington University
  • Hon. Heidi Heitkamp, United States Senate, North Dakota
  • Mr. Michael Fitzpatrick, Senior Counsel and Head of Regulatory Advocacy, General Electric Company
  • Hon. Jeffrey A. Rosen, Partner, Kirkland & Ellis LLP
  • Moderator: Mr. Adam White, Visiting Fellow, Hoover Institution

Breakout Sessions
10:45 a.m. – 12:15 p.m.

Who Wins at Administrative Hopscotch?

  • Hon. Paul S. Atkins, Patomak Global Partners and former Commissioner, Securities and Exchange Commission
  • Hon. Ronald A. Cass, Cass & Associates and former Commissioner and Vice-Chairman, US International Trade Commission
  • Hon. Bradley A. Smith, Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School and former Commissioner, Federal Election Commission
  • Moderator: Hon. Laurence H. Silberman, U.S. Court of Appeals, D.C. Circuit

Regulatory Theory: Preemptive Rule-making vs. Common Law Redress

  • Prof. Brian T. Fitzpatrick, Professor of Law, Vanderbilt University Law School
  • Prof. Brian Galle, Georgetown University Law Center
  • Prof. Michael S. Greve, Professor of Law, Antonin Scalia Law School, George Mason University
  • Mr. Adam Thierer, Senior Research Fellow, Mercatus Center, George Mason University
  • Moderator: Hon. Rachel Brand, Chairman, Litigation Practice Group

Plenary Panel: Regulatory Barriers to Innovation
12:45 p.m. – 2:00 p.m.

  • Hon. Deb Fischer, United States Senate, Nebraska
  • Mr. Krishna Juvvadi, Senior Counsel, Uber Technologies, Inc.
  • Mr. Clark Neily, Senior Attorney, Institute for Justice
  • Prof. John O'Neill, Director, School of Hospitality Management, Penn State
  • Mr. Peter Pitsch, Associate General Counsel and Executive Director of Communications Policy, Intel Corporation
  • Moderator: Hon. Maureen Ohlhausen, Commissioner, Federal Trade Commission

Breakout Sessions
2:15 p.m. – 3:45 p.m.

Are Patents Under Attack in the Supreme Court?

  • Prof. John F. Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law
  • Mr. Michael R. Huston, Gibson, Dunn & Crutcher
  • Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar, Center for the Protection of Intellectual Property, Antonin Scalia Law School, George Mason University
  • Mr. Jeff Wall, Sullivan & Cromwell
  • Moderator: Hon. Randal R. Rader, The George Washington University

Disparate Impact: Reducing Innovation in the Workplace?

  • Hon. Gail Heriot, United States Commission on Civil Rights, and Professor of Law, University of San Diego School of Law
  • Mr. James Scanlan, Attorney at Law
  • Mr. James Sharf, Sharf & Associates
  • Moderator: Mr. John Irving, Of Counsel, Kirkland & Ellis

Address by Sen. Dan Sullivan
4:00 p.m. – 4:30 p.m.

  • Hon. Dan Sullivan, United States Senate, Alaska

News

Commission on Civil Rights Releases Flawed Report on Immigration Detention Facilities by Alison Somin

Live Stream: Is President Obama’s Executive Order Preventing Deportation Constitutional?

Daniel T. Richards April 21, 2016
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On April 18, the Supreme Court heard oral arguments on the constitutionality of DAPA (Deferred Actions for Parents of Americans), President Obama's executive order that offers temporary legal status to undocumented parents of American children. The order will defer deportation proceedings against four to five million undocumented aliens and hand them temporary work permits. A ruling is expected in June.

Like much of the country, libertarians have been deeply divided over whether the president has the power to issue such an order. Those who defend him argue that he has broad prosecutorial authority to set enforcement priorities on immigration law just as he does on criminal law, especially since the violations far overwhelm the resources available to prosecute them. Those who say he doesn't argue that such systematic en masse relief without Congressional authorization is tantamount to writing laws by executive fiat.

Reason Foundation Senior Analyst Shikha Dalmia will moderate two pre-eminent libertarian constitutional scholars Ilya Shapiro and Ilya Somin as they go toe-to-toe in a live debate on this controversial issue that promises to have major repercussions for the presidential election this year. Shapiro of the Cato Institute will argue that the order goes beyond the president's lawful powers and Somin of George Mason University and Washington Post's Volokh Conspiracy will argue that it fits within the relevant legal and constitutional provisions - and is the right thing to do.