Eighth Annual Transatlantic Law Forum

Program Description: Administrative law reflects the hope that modern societies can be governed not only liberally and democratically but also rationally, sensibly, and with tolerable efficiency. On both sides of the Atlantic, that once-confident conviction now meets with considerable skepticism, in somewhat different ways and for different reasons.

At the Transatlantic Law Forum’s Eighth Annual Conference, prominent scholars, judges, and lawyers from European countries and from the United States examined the administrative state and its law from a wide range of perspectives. Some panels addressed overarching topics, such as judicial review and increased public discontent with administrative governance. Other panels examined varying administrative (law) responses to a common set of more specific problems and challenges, from energy policy to financial regulation and central banks.

Agenda

Administrative Law in Crisis?

 

Presenters:

Robert R. Gasaway, Partner, Kirkland & Ellis LLP

Ashley C. Parrish, Partner, King & Spalding LLP

Commenters:

Neomi Rao, Associate Professor of Law, George Mason University School of Law

Francesca Bignami, Professor of Law, The George Washington University Law School

Moderator:

The Honorable Douglas H. Ginsburg, Senior Circuit Judge, US Court of Appeals for the District of Columbia Circuit and Professor of Law, George Mason University School of Law


Judicial Control of Agency Action

 

Presenters:

Adam Tomkins, Professor and John Millar Chair of Public Law, University of Glasgow School of Law

Florian Becker, Professor of Public Law, Christian-Albretchs-University Kiel

Commenters:

Jeremy A. Rabkin, Professor of Law, George Mason University School of Law

Jack M. Beerman, Harry Elwood Warren Scholar and Professor of Law, Boston University School of Law

Moderator:

Christian Von Sydow, Partner, McDermott Will & Emery Rechtsanwälte Steuerberater LLP


Rule making Under Stress: Governing Financial Insitutions

 

Presenter:

David Zaring, Associate Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania

Commenters:

Jean-Claude Gruffat, Mangaging Director, Galileo Global Advisors

Alastair Sutton, Barrister, Brick Court Chambers, London and Brussels

Gillian Metzger, Stanley H. Fuld Professor of Law, Columbia Law School

Moderator:

J.W. Verret, Associate Professor of Law, George Mason University School of Law


Commandeering the Climate

Presenters:

James W. Coleman, Assistant Professor of Law, University of Calgary Faculty of Law

Alexander Proelss, Chair for Public Law and Director, Institute of Environmental and Technology Law, University of Trier

Commenters:

Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Center for Business Law and Regulation, Case Western Reserve University School of Law

E. Donald Elliott, Senior of Counsel, Covington & Burling LLP, Professor (adjunct) of Law, Yale Law School

Moderator:

The Honorable Stephen F. Williams, Senior Judge, US Court of Appeals for the District of Columbia Circuit


Financial Settlements: Law Enforcement, So-Called

 

Presenters:

Christopher C. Demuth, Distinguished Fellow, Hudson Institute

Michael S. Greve

Commenters:

Charles W. Calomiris, Henry Kaufman Professor of Financial Institutions, Division of Finance and Economics, Colubmia Business School and Professor of International and Public Affairs, Columbia School of International and Public Affairs

Nizan G. Packin, Assistant Profess of Law, Baruch College, City University of New York

Moderator:

Alastair Sutton


Legal Controls Over Central Banks

 

Presenters:

Marco Goldoni, Lecturer in Legal Theory, University of Glasgow School of Law

Peter Conti-Brown, Assistant Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania

Commenters:

Alex J. Pollock, Resident Fellow, American Enterprise Institute

Michael Wohlgemuth, Economist and Director, Open Europe Berlin

Moderator:

The Honorable Hervè MaritonMember, National Assembly of France


Research

Gasaway, Robert and Parrish, Ashley, “Administrative Law in Flux: An Opportunity for Constitutional Reassessment.”

Tomkins, Adam, “The Guardianship of the Public Interest.”

Becker, Florian, “The Development of German Administrative Law.”

Zaring, David, “The Legal Response to the Next Financial Crisis.”

Coleman, James,Regulation by Threat: EPA’s Clean Power Plan.”

Proelss, Alexander,Implementing Climate Change Policy in the EU.”

DeMuth, Christopher and Greve, Michael,For-Profit Government: Agency Finance in an Age of Executive Government.”

Goldoni, Marco. “The Failures of Judicial Review and Central Banking: The ECB before the ECJ.” George Mason Law Review, 42.