George Mason University Antonin Scalia Law School

Research Roundtable: Due Process Deficits in Regulatory Enforcement and Adjudication

Event Details

  • Date:
  • Venue: George Mason University Antonin Scalia Law School
  • Division: The Henry G. Manne Program in Law & Economics Studies

Pacific Legal Foundation’s Center for the Separation of Powers, The Center for Growth and Opportunity, and George Mason University’s Law & Economics Center seek papers for a research roundtable on due process deficits in regulatory agencies’ enforcement and adjudication practices, to be held in October 2022, at the Scalia Law School. A constellation of distinct but interrelated due process deficits has arisen as the regulatory state has grown larger and gradually supplanted courts’ traditional role in resolving disputes. Among the most important of these deficits are lack of notice to affected persons, delay or denial of access to court, lack of impartial adjudicators, agency failure to respond promptly to allegations of wrongdoing, disproportionate and unfair penalties, and lack of democratic accountability. Many regulatory agencies employ practices that skirt the most basic due process protections. These deficits not only have adverse legal effects and raise serious Rule of Law concerns, they also often bring significant economic concerns from lack of predictability, inefficiencies associated with underinformed regulators, and inadequately reasoned or arbitrarily identified compliance costs.

For full details, you can see the Call for Papers here.

Proposals should be submitted by May 1, 2022, to Alison Somin at Early proposal submission is encouraged, as proposals will be reviewed on a rolling basis, and approvals will allow authors to begin work early. Submissions after May 1, 2022, may be accepted if space at the roundtable and budget permit.