presents

The Federalist Society National Student Symposium
Stanford Law School, March 2-3, 2012


“Bureaucracy Unbound: Can Limited Government
and the Administrative State Co-Exist?”


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Friday


1:30–6:30 p.m.: Registration
Hoover Lawn

6:45 p.m.: Introductory Remarks
Cemex Auditorium

7:00 p.m. - 8:45 p.m.: Panel 1: "The Rule of Law and the Administrative State"
Cemex Auditorium

The rule of law, whatever that term describes, is one of the central concepts in Anglo-American jurisprudence. Does the administrative state, either in its operation or in the legal moves necessary for its validation, undermine or support the rule of law? Does modern governmental administration, and modern conditions of life, require some redefinition of the rule of law? Is there a relationship between the rule of law and the separation of powers, and if so, how does the administrative state affect that relationship? This panel, in short, will explore how the administrative state relates to fundamental jurisprudential principles.

Panelists:
David Barron, Harvard Law School
Richard Epstein, New York University Law School
The Honorable Brett Kavanaugh, United States Court of Appeals for the District of Columbia Circuit
Peter Shane, The Ohio State University Law School

Moderator:
The Honorable Carlos Bea, United States Court of Appeals for the Ninth Circuit

9:00 p.m.- 10:30 p.m.: Cocktail Reception
Rehnquist Courtyard

Saturday


8:00 a.m. – 9:00 a.m.: Continental Breakfast
Cemex Lawn

8:00 a.m. – 9:00 a.m.: Eugene Volokh on Writing Law Review Articles
Cemex Auditorium

9:00 a.m.- 10:45 a.m.: Panel 2: "Congress vs. Agencies: Balancing Checks and Efficiency: Gridlock, Organized Interests, and Regulatory Capture"

The administrative state is often defended as a necessary response to modern conditions that make governance through ordinary legislation virtually impossible. Is the administrative process in fact more efficient than legislation (and what is meant in this context by “efficient”)? Do any benefits from the administrative process come at the expense of other values? If the legislative process is subject to gridlock, is gridlock all bad? If capture or influence by interest groups is a problem, is it likely to be a worse problem in agency or legislative settings?

Does congressional abdication contribute to bureaucratic sclerosis, which makes it difficult to start and maintain businesses? Finally, what role do the Court's doctrines play at the intersection of these questions? Is Chevron deference to agencies good? Does the president's control make the administrative state better or worse? Do the Court's doctrines in Bowsher and Chadha give agencies too much power?

Panelists:
David Engstrom, Stanford Law School
C. Boyden Gray, Former White House Counsel
Lisa Heinzerling, Georgetown University School of Law
Michael W. McConnell, Stanford Law School

Moderator:
The Honorable Lois Haight, Judge, Superior Court of California

11:00 a.m.- 12:45 p.m.: Panel 3: "Perspectives on Executive Power: Czars, Libya, and Recent Developments"

This panel will address the role of Executive branch officials in making high-level policy decisions, and their relationship to Congress. This is particularly relevant in the context of two recent debates: can the President ignore congressional attempts to strip funding from high-level officials who are not confirmed by the Senate? Is the Obama administration’s use of “czars” constitutional? Moreover, what is the power of the Executive branch to start a war without any authorization from Congress?

Panelists:
Mariano-Florentino Cuellar, Stanford Law School
John Harrison, University of Virginia Law School
Sandy Levinson, University of Texas Law School
John Yoo, Berkeley Law School

Moderator:
The Honorable Thomas Griffith, United States Court of Appeals for the District of Columbia Circuit

12:45 p.m- 2:00 p.m.: Lunch
Optional Session for Students Interested in Academia
Cemex Lawn

2:00 p.m. -3:30 p.m.: Debate: The Constitutionality of the Affordable Care Act
Cemex Auditorium

This debate will focus on the constitutionality of the Affordable Care Act. While specific attention will be given to administrative law issues, including the constitutionality of giving out compliance waivers and of medical expert boards, the discussion will be free-ranging and address all constitutional questions of interest.


Debaters:
Randy Barnett, Georgetown University School of Law
Pamela Karlan, Stanford Law School
Moderator:
The Honorable Sandra Ikuta, United States Court of Appeals for the Ninth Circuit

3:45 p.m. - 5:45 p.m.: Panel 4: "Technology and Regulation"
Cemex Auditorium

Being in Silicon Valley, Stanford is known for its strong focus on intellectual property law and technology more broadly. This panel seeks to ask: what is the relationship between technology and the administrative state? Does technological progress require regulatory guidance? This panel will also consider to what degree development in technology in recent years has been slower than anticipated and whether the administrative state has been an asset or a hindrance to the effective utilization of technology.


Panelists:
Richard Epstein, New York University Law School
Anthony Falzone, Stanford Center for Internet and Society
Mark Lemley, Stanford Law School
Peter Thiel, President, Clarium Capital
Ted Ullyot, General Counsel, Facebook

Moderator:
Dean Larry Kramer, Stanford Law School

6:00-7:00 p.m.: Cocktail Reception
McCaw Hall at Arrillaga Alumni Center

7:00-10:00 p.m.: Banquet
McCaw Hall at Arrillaga Alumni Center

Keynote Address:
United States Senator Michael Lee

REGISTER HERE:


$10 – Conference Registration Fee (Student)
$25 - Conference Registration Fee (NonStudent)
$50 – Conference and Banquet (Student)
$100 - Conference and Banquet (NonStudent)

Additional Information:

For information regarding lodging, please click here.

For information regarding travel and reimbursements please click here.