Panelists:
Richard Epstein, New York University School of Law, University of Chicago Law School
Gail Heriot, University of San Diego School of Law
Richard J. Pierce, The George Washington University Law School
Aaron J. Saiger, Fordham University School of Law
Moderator: Michael W. McConnell, Stanford Law School
This panel will discuss administrative agencies’ increasing use of devices such as guidance letters, consent decrees, and Notices of Proposed Rulemaking (instead of final rules or adjudications issued with APA procedural protections) as mechanisms for setting major policies that may be effectively binding on private parties.