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 Mariton, Member, 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.