Yale Law School

Friday, Oct. 2, and Saturday, Oct. 3, 2015

Supported by the Oscar M. Ruebhausen Fund

All events are in YLS Room 129 unless otherwise noted.

Panels open to the public.

To attend lunch on Friday and/or Saturday of the conference,

RSVP by Friday, September 24, to barbara.consiglio@yale.edu

Friday 12:30-1:30 – Lunch (YLS Dining Hall)

Friday 1:30-1:40 – Welcome – Dean Robert Post

Friday 1:45-3:15 – Panel: Courts and Agencies

Moderator

Peter H. Schuck, Baldwin Professor Emeritus of Law, Yale Law School

Power, Participation and the Paper Hearing Requirements in Rulemaking

by Cynthia R. Farina, McRoberts Research Professor in Administration of the Law, Cornell Law School and Mary J. Newhart, Executive Director, Cornell eRulemaking Initiative

Jerry Mashaw, the Due Process Revolution, and the Limits of Judicial Power

by Thomas W. Merrill, Hughes Professor of Law, Columbia Law School

Jerry Mashaw and the Public Law Curriculum

by Peter L. Strauss, Betts Professor of Law, Columbia Law School

Friday 3:30-5:00 – Panel: Bureaucratic Justice

Moderator

Christine Jolls, Tweedy Professor of Law and Organization, Yale Law School

Varieties of Bureaucratic Justice: Building on Mashaw’s Typology

by Robert A. Kagan, Professor Emeritus of Political Science and Law, UC-Berkeley

Meeting the Mashaw Test for Consistency in Administrative Decisionmaking

by Paul R. Verkuil, Chairman, Administrative Conference of the United States (2010-2015)

Enforcement Adjudication at the SEC

by David Zaring, Associate Professor, Wharton School, University of Pennsylvania

Cyberdelegation (and Its Limits): Legal Decisions and Non-Algorithmic Reasoning in a Changing World

by Mariano-Florentino Cuéllar, Associate Justice, Supreme Court of California

* * *

Saturday 8:30-9:00 – Breakfast (YLS Dining Hall)

Saturday 9:00-10:30 – Panel: Agencies in American Political Development

Moderator

John Fabian Witt, Duffy Class of 1960 Professor of Law, Yale Law School

On the Emergence of the Administrative Petition: Innovations in Nineteenth-Century Indigenous America

by Daniel Carpenter, Freed Professor of Government, Harvard University

Boundary Disputes: Jerry Mashaw’s Anti-Formalism, Constitutional Interpretation, and the Unitary Presidency

by Peter M. Shane, Davis Chair in Law, Ohio State University, Moritz College of Law

Putting the “Public” in Public Administration: The Rise (and Fall?) of the Public Utility Idea

by William J. Novak, Clyne Professor of Law, University of Michigan Law School

Lochner and Property

by Edward L. Rubin, University Professor of Law and Political Science, Vanderbilt University

Saturday 10:45-12:15 – Panel: Regulation and Legal Culture

Moderator

William Eskridge Jr., John A. Garver Professor of Jurisprudence, Yale Law School

Pathways to Auto Safety: Assessing the Role of the National Highway Traffic Safety Administration

by Robert L. Rabin, Mackay Professor of Law, Stanford Law School

A Comparison of the Cultures and Performance of a Modern Agency and a 19th-Century Agency

by Richard J. Pierce, Jr., Alverson Professor of Law, George Washington University

Cost-Benefit Analysis of Financial Regulation: Focusing on the Wrong Question

by Richard L. Revesz, King Professor of Law, New York University Law School

Saturday 12:30-1:30 – Lunch Panel: Mashaw and Social Insurance (YLS Dining Hall)

Moderator

Abbe R. Gluck, Professor of Law, Yale Law School

Panelists

Michael J. Graetz, Columbia Alumni Professor of Tax Law, Columbia Law School

Theodore R. Marmor, Professor Emeritus of Public Policy and Management, Yale University

Saturday 1:45-3:15 – Panel: Administrative Practice and the Internal Law of Administration

Moderator

E. Donald Elliott, Professor (Adjunct) of Law, Yale Law School, and Senior Of Counsel, Covington & Burling LLP

Internal Administrative Law Before and After the APA

by Gillian E. Metzger, Fuld Professor of Law, Columbia Law School

and Kevin M. Stack, Professor of Law, Vanderbilt Law School

The Management Side of Due Process in the Service-Based Welfare State

by Charles F. Sabel, Moore Professor of Law, Columbia Law School

and William H. Simon, Levitt Professor of Law, Columbia Law School

From History and to History of Administrative Constitutionalism

by Sophia Z. Lee, Professor of Law and History, University of Pennsylvania Law School

Saturday 3:30-5:00 – Panel: Accountability and the Boundaries of the Federal Government

Moderator

Susan Rose-Ackerman, Luce Professor of Jurisprudence, Yale Law School

Supervising Outsourcing: The Need for Better Design of Blended Governance

by Nina Mendelson, Sax Collegiate Professor of Law, University of Michigan Law School

Sovereigns, Shopkeepers, or Both? Government Market Participation as Conflicted Government

by Jon D. Michaels, Professor of Law, UCLA Law School

Leaders of Quasi Agencies

by Anne Joseph O’Connell, Johnson Professor of Law, UC-Berkeley School of Law

State Regulatory Capacity and Administrative Law and Governance Under Globalization

by Richard B. Stewart, University Professor, New York University Law School

Saturday 5:15-5:45 – Closing

Response

Jerry L. Mashaw, Sterling Professor of Law, Yale Law School

* * *

Conference Organizer

Nicholas R. Parrillo, Professor of Law, Yale Law School

Conference Coordinators

Lise Cavallaro, Administrative Assistant, Yale Law School

Barbara Consiglio, Administrative Assistant, Yale Law School

Patricia Page, Administrative Assistant, Yale Law School