Notice & Comment

Executive Branch Review Conference next week, from May 17 through May 20

Next week, several current and former bloggers from these pages will participate in the annual Executive Branch Review conference. This year the conference will address legal issues related to the next four years in administrative agencies and the executive branch writ large.  The online conference will start at 11:00 a.m. each day from Monday, May 17, through Thursday, May 20.  You can register here.

The conference hosted by the Federalist Society includes eleven webinar panel discussions. Topics range from delegation of power to the executive to judicial nominations to state sovereignty and federalism.  Many panels will also cover specific subject-matter areas such as civil rights, social media, trade, and religious liberty.  CLE credits are available for the four webinars on Wednesday, May 19 (social media, nongovernmental third-party settlement payments, religious liberty, and state sovereignty).

Confirmed participants and moderators consist of a lineup of more than 50 individuals including current and former government officials spanning the Obama, Trump, Clinton, Bush II, and Bush I Administrations, members of the legal academy, legal practice leaders, and judges.  The conference closes on Thursday with folks like Prof. Eloise Pasachoff (Georgetown), Hon. Virginia Seitz (former AAG, OLC), Ms. Farnaz Thompson (former Deputy GC, Ed) and Mr. Hashim Mooppan (former DAAG, Civil Appellate) discussing “faithful execution” and Hon. C. Boyden Gray, Hon. W. Neil Eggleston, and Ms. Carrie Severino addressing the judicial nomination and confirmation process.

Yours truly, Prof. Nick Bagley from the University of Michigan, Prof. Philip Hamburger from Columbia, and Prof. Nick Parrillo from Yale will kick off the conference with a webinar from 11:00 a.m. to 12:30 p.m. on Monday, May 17, titled “Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today.”  The panel discussion will address the Article I Vesting Clause and recent indications that several Supreme Court Justices would be willing to reexamine the proper scope of delegation under the Clause. Recent related scholarship by panel participants includes: “Delegation at the Founding,” 121 Colum. L. Rev. 277 (2021) (Mortenson/Bagley); “A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence from the Federal Tax on Private Real Estate in the 1790s,” 130 Yale L.J. 1288 (2021) (Parrillo); “Early Customs Laws and Delegation,” 87 Geo. Wash. L. Rev. 1388 (2019) (Mascott); and themes from the landmark book, Is Administrative Law Unlawful? (University of Chicago Press, 2014) (Hamburger).

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