The George Washington Law Review: Annual Review of Administrative Law
Current Issues in Administrative Law: Nondelegation, the Federal Budget Process, and Rulemaking Innovations
Thu, 1 December, 2022
2:00pm
Please join The George Washington Law Review for this panel—comprised of scholars whose works have been accepted for publication in The George Washington Law Review's Vol. 91 Annual Review of Administrative Law—which explores three current issues in administrative law. Professor Philip Hamburger will explore the present state of the nondelegation doctrine by showing how the Constitution’s fundamental principles, drafting assumptions, and text were all aligned in barring power transfers among the government branches. Professor Eloise Pasachoff will analyze two kinds of legislative responses to power of the purse conflicts between the President and Congress over the last three administrations: transparency-forcing legislation and action-limiting legislation. Professor Alex Lee will examine various innovations in agency rulemaking mechanisms. Administrative law scholars, practitioners, and students will gain insight and perspective on these pressing administrative law issues that they can use in their practice and studies.
Panelists:
Professor Philip Hamburger
Columbia Law School
One of the preeminent scholars writing today on constitutional law and its history, Philip Hamburger teaches and writes on wide-ranging topics, including religious liberty, freedom of speech and the press, academic censorship, the regulation of science, judicial duty, administrative power, and the development of liberal thought. In two recent books—Is Administrative Law Unlawful? and The Administrative Threat—he argues that the administrative state is unconstitutional and a threat to civil liberties. In his latest book, Purchasing Submission: Conditions, Power, and Freedom, he shows how conditions on spending and other privileges increasingly threaten constitutional governance, defeating constitutional rights and offering a dangerously unconstitutional pathway for regulation. He is the founder and CEO of the New Civil Liberties Alliance, an independent, nonprofit civil rights organization based in Washington, D.C., that uses litigation and other pro-bono advocacy to defend constitutional freedoms from the administrative state.
Professor Yoon-Ho Alex Lee
Northwestern Pritzker School of Law
Yoon-Ho Alex Lee is a Professor of Law at Northwestern Pritzker School of Law, where he teaches Securities Regulation, Administrative Law, and Business Associations. His interests include securities regulation, administrative law, cost-benefit analysis, law and economics, litigation and settlement models, theories of regulation, and consumer protection law. Professor Lee previously taught at USC Gould School of Law. Previously, he served as senior council in the Division of Risk, Strategy, and Financial Innovation for the U.S. Securities and Exchange Commission. Professor Lee clerked for the Honorable Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. Professor Lee received his B.A. in Mathematics from Harvard College and his M.A. in Mathematics from Cambridge University. He received his J.D. from Yale Law School and his Ph.D. in Economics from Yale Graduate School.
Professor Eloise Pasachoff
Georgetown University Law Center
Eloise Pasachoff is Professor of Law and Anne Fleming Research Professor at the Georgetown University Law Center, where her scholarship and teaching focus on administrative law, public administration, and the federal budget process. An award-winning teacher and scholar, she is a public member of the Administrative Conference of the United States and chair of its Committee on Regulation. She is also a council member of the ABA Section of Administrative Law and Regulatory Practice and a member of the Academic Advisory Board of the Supreme Court Fellows program. She previously served as an associate dean at Georgetown Law and has been active in the Association of American Law Schools. She is a former law clerk to Justice Sonia Sotomayor (Supreme Court), Chief Judge Robert A. Katzmann (Second Circuit), and Judge Jed S. Rakoff (Southern District of New York). Before joining the Georgetown faculty, she was an associate at WilmerHale in New York City and a Climenko Fellow at Harvard Law School. She holds an A.B. summa cum laude from Harvard College, an M.A. from Yale University, a J.D. magna cum laude from Harvard Law School, and an M.P.A. from Harvard’s Kennedy School of Government. Earlier in her career, she taught middle school and high school English.