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Address by Senator Deb Fischer 5-17-2016 May 20, 2016

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United States Senator Deb Fischer of Nebraska delivered this address at the Fourth Annual Executive Branch Review Conference on May 17, 2016. Intoductions by Hon. Maureen Ohlhausen, Commissioner, Federal Trade Commission and Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society.

Regulatory Theory: Preemptive Rule-making vs. Common Law Redress 5-17-2016 May 20, 2016

Show notes

What regulatory approach best fosters commercial innovation? Traditionally, it had been thought that ex post, decentralized approaches that exploit private attorney generals like the common law were best, but many business interests today advocate ex ante, centralized, public sector approaches like federal statutes or federal rulemakings that preempt the common law. This panel will explore which attributes of regulation best serve innovation: ex ante or ex post? Decentralized or centralized? Public sector or private sector? -- This panel was presented during the Fourth Annual Executive Branch Review Conference on May 17, 2016, at the Mayflower Hotel in Washington, DC. -- Featuring: 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; and Mr. Adam Thierer, Senior Research Fellow, Mercatus Center, George Mason University. Moderator: Hon. Rachel Brand, Chairman, Litigation Practice Group.

Who Wins at Administrative Hopscotch? 5-17-2016 May 20, 2016

Show notes

Overlapping jurisdiction of federal regulatory agencies can lead to confusion and sometimes even contradictory requirements for private actors, and turf battles among agencies. Further, questions arise about the legitimacy of regulations promulgated by an agency that does not appear to have primary responsibility for an area, when the agency that has that primary responsibility has failed or declined to act.
Among the myriad items in the 2016 omnibus appropriations bill were two curious provisions: a prohibition on the Internal Revenue Service from spending funds to write new regulations governing 501(c)(4) social welfare organizations, and a prohibition on the Securities and Exchange Commission from spending funds to write regulations that would require companies to report political contributions and donations to tax exempt organizations. Both edicts are responses to intense advocacy for these agencies to undertake the respective rulemakings, following refusal by the Federal Election Commission to expand disclosure. Moreover, advocates of campaign finance regulation continue to seek new political regulations at the Federal Communications Commission and for the Department of Justice to undertake broader inquiries. As a whole, one might call these efforts “administrative hopscotch”—seeking regulation or enforcement from an agency when another with unequivocal jurisdiction refuses to act. Is expanding the jurisdictions of federal agencies to such extent that they may regulate the same activity a constitutional problem? Practically speaking, what does this mean for innovators when they must comply with repetitive or diverse red tape? Furthermore, what happens when the regulations conflict, as already seen between certain IRS and FEC provisions? -- Ideally, this panel would feature former commissioners from executive agencies who have faced these efforts. They could briefly discuss what they considered the appropriate regulatory purview of their agency, their thoughts on administrative overlap, and whether or not administrative hopscotch is a real problem. The FEC circumvention is ongoing and intense, with media scrutiny and support of hopscotch by its more active commissioners. However, it is likely there are many examples that would make for good discussion and an important panel. -- This panel was presented during the Fourth Annual Executive Branch Review Conference on May 17, 2016, at the Mayflower Hotel in Washington, DC. -- Featuring: 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; and 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.

Congressional Regulatory Reform Proposals 5-17-2016 May 20, 2016

Show notes

Modern statutes and executive orders are intended to ensure that new regulations do more good than harm—that is, to produce more benefits than costs. Despite these nominal protections, some say the accumulation of regulations threaten the nation’s economic growth and well-being. As a result, the 114th Congress is considering various regulatory reform proposals designed to help ensure that new regulations make Americans better off and that existing regulations are evaluated and modified as necessary. Some of the proposals would enhance economic analysis of regulations, while others seek structural reform including stronger legislative control and judicial review of the administrative rulemaking. While none of these bills has been enacted, several of them have bipartisan support and some have passed one house. Which proposals are best, and why? Are there proposals yet to be made that would be better yet? -- This panel was presented during the Fourth Annual Executive Branch Review Conference on May 17, 2016, at the Mayflower Hotel in Washington, DC. -- Welcome & Address: Hon. Heidi Heitkamp, United States Senate, North Dakota. Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society. -- Panel Featuring: Hon. Susan E. Dudley, Director of the Regulatory Studies Center, The George Washington University; Mr. Michael Fitzpatrick, Senior Counsel and Head of Regulatory Advocacy, General Electric Company; and Hon. Jeffrey A. Rosen, Partner, Kirkland & Ellis LLP. Moderator: Mr. Adam White, Visiting Fellow, Hoover Institution.

Political Correctness on Campus 4-8-2016 Apr 13, 2016

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Political correctness in the classroom can be seen as a consequence of a lack of political diversity in the university. How does political correctness affect research, and teaching? Is political correctness all that bad, or does it have a proper place in academia? Professors Pam Karlan, Richard Sander, and Nicholas Rosenkranz discuss. -- This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School. -- Featuring: Prof. Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director, Supreme Court Litigation Clinic, Stanford Law School; Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center; and Prof. Richard H. Sander, Professor of Law, UCLA School of Law. Moderator: Prof. Zachary Price, Associate Professor of Law, UC Hastings College of the Law.

A Conversation on Intellectual Diversity 4-8-2016 Apr 13, 2016

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Why make a big deal out of intellectual diversity in academia, anyway? What are its advantages? What are its disadvantages? Is it a goal worth pursuing at the expense of others? Dean Larry Kramer and Professor Michael McConnell debate these points and others. -- This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School. -- Featuring: Dean Larry Kramer, President, The William and Flora Hewlett Foundation; Lecturer in Law and Former Dean, Stanford Law School and Prof. Michael McConnell, Richard and Frances Mallery Professor and Director, Constitutional Law Center, Stanford Law School. Moderator: Prof. Bernadette Meyler, Carl and Shelia Spaeth Professor of Law, Stanford Law School. Introduction: Mr. Michael Rubin, Co-President, Stanford Student Chapter.

Student Perspectives on Intellectual Diversity in Academia 4-8-2016 Apr 13, 2016

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The proper education of America’s youth is arguably the most important social responsibility the university has. But does a lack of intellectual diversity in school create pedagogical issues? Our panel of current and former law students weighs in. --
This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School. -- Featuring: Dr. R. Sohan Dasgupta, University of California, Berkeley; Mr. Roland Nadler, Fellow, Center for Law and Biosciences, Stanford Law School; and Mr. Ilan Wurman, Associate, Winston & Strawn LLP. Moderator: Mr. Jud Campbell, Executive Director and Research Fellow, Constitutional Law Center, Stanford Law School. Introduction: Mr. Jonathan Mondel, Co-President, Stanford Student Chapter.

Recent Research in Intellectual Diversity 4-8-2016 Apr 13, 2016

Show notes

To foster meaningful discourse on intellectual diversity in academia, it is important to begin with the facts. Is there a lack of intellectual diversity in academia? How big is the problem? Professors Jim Lindgren, James Phillips, and Jon Shields review some of the latest research on the subject. -- This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School. -- Opening Remarks -- Dean M. Elizabeth Magill, Richard E. Lang Professor of Law and Dean, Stanford Law School and Mr. Eugene B. Meyer, President, The Federalist Society. Introduction: Mr. Jonathan Mondel, Co-President, Stanford Student Chapter and Mr. Michael Rubin, Co-President, Stanford Student Chapter -- Recent Research in Intellectual Diversity -- Prof. James T. Lindgren, Professor of Law, Northwestern University Pritzker School of Law; Prof. James C. Phillips, Former Visiting Professor, BYU Law School; and Dr. Jon A. Shields, Associate Professor, Claremont McKenna College. Moderator: Prof. G. Marcus Cole, William F. Baxter-Visa International Professor of Law, Stanford Law School.

Keynote Address by Paul Clement 2-27-2016 Mar 04, 2016

Show notes

After nearly 30 years of serving as an intellectual titan and conservative champion on the nation's highest court, U.S. Supreme Court Justice Antonin Scalia passed away on February 13, 2016. This banquet was held in honor of his tremendous legacy as one of the greatest and most influential justices. -- The Honorable Paul Clement delivered the keynote address at the 2016 National Student Symposium Banquet on February 27, 2016. Mr. Clement clerked for Justice Scalia and is currently a partner at Bancroft PLLC. Mr. Clement also served as the 43rd Solicitor General of the United States from June 2005 until June 2008, and has argued more Supreme Court cases since 2000 than any lawyer in or out of government. Mr. Clement was introduced by Mr. Jack Lund, Symposium Chair, University of Virginia School of Law Student Chapter.

Education Reform and Equality of Opportunity 2-27-2016 Mar 04, 2016

Show notes

Equality of opportunity is supposed to be a fundamental American principle. But it is not being realized today – in large part due to our failing education system. Despite being better funded, American public schools consistently lag those of comparable countries. The disparity is especially stark in inner-city and minority school districts, where poor children are most in need of quality education. Is school choice the solution? What role should the federal government play in education? And what legal issues are implicated by reform efforts? -- This panel was presented at the 2016 National Student Symposium on Saturday, February 27, 2016, at the University of Virginia School of Law. -- Featuring: Hon. Clint Bolick, Arizona Supreme Court; Mrs. Cynthia Brown, Senior Fellow, Center for American Progress; Dr. William Galston, Senior Fellow, Governance Studies, The Brookings Institution; and Prof. Amy Wax, Robert Mundheim Professor of Law, University of Pennsylvania Law School. Moderator: Hon. Jennifer W. Elrod, U.S. Court of Appeals, Fifth Circuit. Introduction: Ms. Abby Hollenstein, 1L Committee Co-Chair, University of Virginia School of Law Student Chapter.

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