The modern reality of administrative law practice is very different from the traditional textbook picture. This program will address whether and how we should change administrative law teaching to better reflect this dissonance.
Chai Feldblum, once a law professor and now an EEOC Commissioner, will discuss the impact of the government in the Sunshine Act on multi-member agencies and the potential to modify the law to support, rather than impede, transparency and effective agency function.
Professor Farber will argue that the textbook picture of the administrative state has become out of touch with reality, as the locus of regulation has increasingly moved from individual agencies to the White House and other portions of the executive branch. As a result, regulation is often shaped by policy directions distinct from the governing statute, in ways that are not reflected by the administrative record.
Professor Jellum will expand on this theme of rethinking the teaching of rulemaking. To help her students really understand the notice and comment process, she requires them to analyze a rule with an open comment period, to file a comment on the rule, then to present their comment to the class. The assignment helps them better understand the hybrid rulemaking procedures as well as notice and comment rulemaking. It is generally the highlight of the semester.
Professor Zaring has done extensive empirical research on how the courts actually use administrative law deference theories such as Chevron, Skidmore, and Barnhart. His research and that of others, shows that courts do not use these jurisprudential theories effectively to either predict or to explain their rulings. He will discuss how we should use this insight in our teaching so that our students will better understand the real judicial process.
Business meeting at program conclusion.