2012
Founders’
Celebration
INTERBRANCH CONTROL OF REGULATION:
EXECUTIVE, LEGISLATIVE, AND JUDICIAL INFLUENCE,
AND AGENCY RESPONSE
Presented by the
with the Program on Law and Government
Friday, February 17, 2012
9:00 am–5:00 pm
9:00 am
9:15 am
10:45 am
12:00 pm
1:00 pm
2:30 pm
4:00 pm
5:00 pm
OPENING REMARKS AND ADDRESS: Susan Dudley, Director, The George Washington
Regulatory Studies Center; former Administrator, OIRA
DEBATE: THE INDEPENDENCE OF AGENCIES: EXECUTIVE ORDER 13,563, EXPANDING THE
REACH OF OIRA, AND THE CONSTITUTIONALITY OF EXPANDING PRESIDENTIAL
AUTHORITY
Cary Coglianese, Edward B. Shils Professor of Law and Professor of Political Science,
University of Pennsylvania School of Law; Director, Penn Program on Regulation; Richard J.
Pierce, Jr., Lyle T. Alverson Professor of Law, The George Washington University School of
Law (most frequently cited administrative law scholar in the United States); Moderator:
Amanda Leiter, American University Washington College of Law
CONGRESSIONAL CONTROL POST-CHADHA: THE CORA PROPOSAL, THE REINS ACT, THE
CRA, AND THE CLOSING REGULATORY LOOPHOLES ACT
Morton Rosenberg, former Specialist in American Public Law with the American Law Division
of the Congressional Research Service, Library of Congress; renowned congressional law
scholar; Louis Fisher, Scholar-in-Residence, The Constitution Project; former Senior Specialist
in Separation of Powers, Congressional Research Service; Ronald Levin, William R. Orthwein
Distinguished Professor of Law, Washington University School of Law; Susan Dudley,
Director, The George Washington Regulatory Studies Center; former Administrator, OIRA;
Moderator: Jeff Lubbers, American University Washington College of Law
LUNCH BREAK: Networking Reception and Lunch Discussion
JUDICIAL RESPECT, JUST NOT FOR CHEVRON: THE REEMERGENCE OF SKIDMORE AND THE
D.C. CIRCUIT’S RECENT RULINGS ON GUIDANCE AND POLICY DOCUMENTS
Roger Martella, Partner, Sidley Austin LLP; former General Council, EPA; Peter L. Strauss,
Betts Professor of Law, Columbia Law School; Richard G. Stoll, Partner, Foley & Lardner
LLP; Moderator: Andrew Popper, American University Washington College of Law
REGULATING INFORMALLY: AGENCY USE OF GOOD GUIDANCE, WARNING LETTERS, AND
OTHER NONBINDING MEANS OF REGULATION
Peter Barton Hutt, Senior Counsel, Covington & Burling LLP; former Chief Counsel, U.S.
Food and Drug Administration (FDA); Jill E. Family, Associate Professor, Widener University
School of Law; Benjamin Martin, Partner, Epstein Becker Green LLP; Moderator: Lewis
Grossman, American University Washington College of Law
INTRODUCTORY REMARKS: Dr. Cornelius M. Kerwin, President, American University
KEYNOTE ADDRESS: Cass R. Sunstein, Current Administrator, OIRA
Reception
General Registration, no charge, but required. CLE Accreditation (6 hours) will be applied for –
CLE Registration, ($330). To register, please go to www.wcl.american.edu/secle/registration.