Sessions Information

  • January 3, 2018
    3:30 pm - 5:15 pm
    Session Type: Section Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: Pacific Ballroom Salon 23
    Floor: North Tower/Ground Level

    This program will explore recent efforts to reform—and perhaps even “deconstruct”—the administrative state. Our panelists will explore claims that the administrative state is currently under attack, consider whether sound empirical justifications exist for rolling back regulations, and examine some of the new issues and actors that animate the current debate over administrative law and regulatory reform. Topics include whether the Supreme Court and the D.C. Circuit have issued decisions that may reflect substantive political, as opposed to legal, disagreements; whether civil servant resistance can and should limit executive power; whether the executive has undermined the legitimacy of regulatory institutions with the intention or effect of calling into question regulators’ choices; and whether the requirement in Executive Order 13771 that agencies repeal two regulations for every newly enacted regulation whenever possible is a realistic approach to a perceived overregulation problem. Panelists will present their recent research in these areas to open a discussion about whether these developments are detrimental or beneficial for administrative law and what responses might be appropriate.

    The Section held a virtual business meeting prior to the Annual Meeting.

Session Speakers
Organization: Boston University School of Law

Organization: City University of New York School of Law

Organization: University of Colorado Law School

Organization: University of Pennsylvania Carey Law School

Organization: Mercer University School of Law

Organization: University of Connecticut School of Law

Session Fees
  • [3180] Administrative Law - The Never-Ending Assault on the Administrative State?: $0.00