Both Congress and the Executive Branch Agencies have been changing dramatically in the past decade. The “e-revolution” has brought about profound changes in the ways both branches do business. E-rulemaking has arguably “democratized” rulemaking and the legislative process by making it much easier for people at the grassroots level to submit comments. Moreover, the polarization of political discourse has changed the ways the two branches interact in many ways: the hold-up of confirmation of agency leadership, battles over recess appointees, disputes over whether the executive will defend laws passed by Congress, increased contentiousness of inter-branch disputes, a proliferation of legislative attempts to constrain agency regulatory policymaking (through appropriations riders, and laws and bills that do or would place numerous procedural hurdles in front of agency rule makers, or would even freeze the number of extant regulations), with corresponding attempts by the President to blunt these attempts through Executive Orders and OMB directives..
These developments deserve more scholarly attention. This program, which will be held after the 2012 election, but before Inauguration Day, will provide a forum for discussing the ramifications of these developments for Administrative Law teaching and practice.
Business Meeting at Program Conclusion.