Richard Epstein and Adam White continue to debate the nature of the coronavirus outbreak, and the costs and benefits of the government’s response. Then they discuss a controversial new essay by law professor Adrian Vermeule, who calls on conservatives to reject Scalia-style originalism for a very different kind of constitutional law.

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On November 15, 2019, the Gray Center hosted a public policy conference on “Technology, Innovation, and Regulation.” For this conference, scholars wrote and presented papers on the way regulation affects technological innovation, and vice-versa. The Gray Center convened expert panels on topics including whether social media should be regulated for “neutrality,” “regulatory sandboxes” and other laboratories of democracy, artificial intelligence and the future of regulation, and disruptive technology and the future of “law,” during which the new research was discussed. Keynote remarks were given by Kate Lauer, an Advisor for Jiko and former Head of Global Regulatory Strategy for PayPal.

The second panel looked at “regulatory sandboxes” and other laboratories of democracy, and focused on a paper titled “The Sandbox Paradox” co-authored by panelist Brian Knight of the Mercatus Center and Trace Mitchell, Research Assistant at the Mercatus Center. Brian was joined on the panel by Kathryn Ciano Mauler and Public Citizen’s Remington A. Gregg. The discussion was moderated by Paolo Saguato, Assistant Professor of Law at George Mason University’s Antonin Scalia Law School, who is also an Affiliated Faculty Member with the Gray Center. The paper and videos are available at: https://administrativestate.gmu.edu/events/technology-innovation-and-regulation/.

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On November 15, 2019, the Gray Center hosted a public policy conference on “Technology, Innovation, and Regulation.” For this conference, scholars wrote and presented papers on the way regulation affects technological innovation, and vice-versa. The Gray Center convened expert panels on topics including whether social media should be regulated for “neutrality,” “regulatory sandboxes” and other laboratories of democracy, artificial intelligence and the future of regulation, and disruptive technology and the future of “law,” during which the new research was discussed. Keynote remarks were given by Kate Lauer, an Advisor for Jiko and former Head of Global Regulatory Strategy for PayPal.

The first panel examined whether social media should be regulated for “neutrality,” and focused on a paper by Michigan State University College of Law’s Adam Candeub on “Common Carriage and Section 230.” He was joined in the discussion by Georgetown Law’s Anupam Chander, Facebook’s Lori Moylan, and the Mercatus Center’s Adam Thierer. The panel was moderated by the Gray Center’s then-Deputy Director, Andrew Kloster. The paper and videos are available at: https://administrativestate.gmu.edu/events/technology-innovation-and-regulation/.

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Dialing in from their socially distant hideaways, Richard Epstein and Adam White disagree about basically every aspect of COVID-19 — about how much of a threat it poses to public health; about the policy responses to it; and about the costs of those policy responses.

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That’s “republican” with a lowercase “r” — the set of structures and characteristics that together form a free people governing themselves through representative bodies and the rule of law.

In a special guest-less episode, Adam expands on a recent essay in which he argues that our republic’s constitutional structure depends upon the character of its public servants and its citizens.

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For nearly a century, one of the most contentious issues in the Administrative State has been agency “adjudication” — that is, the power of agencies to adjudicate disputes among private parties, or disputes between private parties and the government. But what if a century’s debate has actually caused us to forget what the issues really are?

In the new issue of the Harvard Law Review, Professor William Baude brings us back to first principles on the question of “Adjudication Outside Article III.” Describing the task as “a sympathetic recreation of historical practice,” Professor Baude explains what the Constitution’s provision for “the Judicial Power of the United States” means for territorial courts, for quasi-“court” tribunals like the Bankruptcy Court, and ultimately for the agencies’ own “adjudications.”

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On October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the immigration system, and the moral underpinnings of immigration law. The event also featured keynote remarks from James McHenry, Director of the Executive Office of Immigration Review at the United States Department of Justice.

The fourth and final panel looked at the role of judicial review in immigration law. The discussion centered around two new papers. The first was “Chevron‘s Asylum: Re-Assessing Deference in Refugee Cases,” by Michael Kagan of the University of Nevada Las Vegas, and the second was “Recalibrating Judicial Review in Immigration Adjudication,” by Christopher Walker of the Ohio State University. The panel was moderated by the Gray Center’s Executive Director, Adam White. The papers and video are available at https://administrativestate.gmu.edu/events/the-administration-of-immigration/.

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On October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the immigration system, and the moral underpinnings of immigration law. The event also featured keynote remarks from James McHenry, Director of the Executive Office of Immigration Review at the United States Department of Justice.

The third panel looked at costs of the U.S. immigration system. The discussion centered around two new working papers: First, “Silence and the Second Wall” by panelists Ming Hsu Chen of the University of Colorado Boulder’s Colorado Law School and Zachary R. New of Joseph & Hall P.C. The second paper, “A Seat at the Table for Citizens: Why the National Environmental Policy Act (NEPA) Applies to Immigration and How Best to Implement this Long Overdue Reform” was authored by Julie Axelrod of the Center for Immigration Studies. The Gray Center’s Executive Director, Adam White, joined the panel to comment on the papers, and it was moderated by the Gray Center’s then-Deputy Director, Andrew Kloster. The papers and video are available at https://administrativestate.gmu.edu/events/the-administration-of-immigration/.

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After a weekend of escalating news and analysis of the coronavirus outbreak, Richard Epstein offers a classic liberal’s view of government powers in emergencies. Then he and Adam White discuss the Supreme Court’s recent oral arguments in Seila Law v. CFPB, on the CFPB’s unconstitutional structure.

 

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On October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the immigration system, and the moral underpinnings of immigration law. The event also featured keynote remarks from James McHenry, Director of the Executive Office of Immigration Review at the United States Department of Justice.

In this presentation, McHenry describes the work of the Office of Immigration Review and places it into the context of the broader discussions we had on immigration law and policy. The video is available at https://administrativestate.gmu.edu/events/the-administration-of-immigration/.

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Does the Constitution set limits on the powers that Congress authorizes agencies to exercise? Last year, in Gundy v. United States, Justice Gorsuch issued a dissenting opinion calling for a reinvigorated “nondelegation doctrine.” He was joined by Chief Justice Roberts and Justice Thomas. Gorsuch’s dissent, along with Justice Alito’s separate opinion, and a subsequent opinion from Justice Kavanaugh, have inspired significant new research by a number of legal scholars. In fact, the Gray Center will soon workshop several new papers at a research roundtable, and discuss them in the autumn at a public policy conference.

One of the first major contributions to this wave of new scholarship is a draft article by Professors Nicholas Bagley and Julian Davis Mortenson. In “Delegation at the Founding,” the University of Michigan professors contend that the Constitution’s original meaning does not support calls for a reinvigorated nondelegation doctrine.

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On October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the immigration system, and the moral underpinnings of immigration law. The event also featured keynote remarks from James McHenry, Director of the Executive Office of Immigration Review at the United States Department of Justice.

The second panel looked at national security, special courts, and whether immigration law is special. The discussion revolved around a new working paper on “The Forgotten FISA Court: Exploring the Inactivity of the Alien Terrorist Removal Court” by panelist Aram Gavoor (co-authored by Timothy Belsan). The panel was moderated by Jesse Panuccio, who is affiliated with the Gray Center as a Public Service Fellow. The papers and video are available at https://administrativestate.gmu.edu/events/the-administration-of-immigration/.

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What is an institution? How can we learn to see institutions more clearly in our daily lives? Yuval Levin, Director of AEI’s Social, Cultural, and Constitutional Studies department, editor of National Affairs, and author of the new book “A Time to Build” on restoring American institutions, joins the show to discuss the structures of American associational life.

Adam asks him about the challenge of upholding existing institutions, and how American citizens should think of themselves as parties to the institution that is the Constitution. Meanwhile, Yuval’s ability to speak in full paragraphs amazes and delights the audience.

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On October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the immigration system, and the moral underpinnings of immigration law. The event also featured keynote remarks from James McHenry, Director of the Executive Office of Immigration Review at the United States Department of Justice.

The first panel looked at moral underpinnings of immigration law. It featured a discussion about three new working papers, one by Craig S. Lerner on “Crimes Involving Moral Turpitude”: The Puzzling and Persistent (and Constitutional) Immigration Law Doctrine,” one by William W. Chip on “E-Verify: Mining Government Databases to Deter Employment of Unauthorized Aliens,” and a paper by Cassandra Burke Robertson on “Litigating Citizenship” (co-authored by Irina Manta). The panel was moderated by the Gray Center’s then-Deputy Director, Andrew Kloster. The papers and video are available at https://administrativestate.gmu.edu/events/the-administration-of-immigration/.

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On October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census be administered? How do we preserve the regulatory process’s democratic legitimacy? And, are members of Congress entitled to see the President’s tax returns? These papers are forthcoming in the George Mason Law Review. In addition, the event featured a Keynote Conversation with two former public servants with deep expertise in both governance and campaigns: Robert Bauer, former White House Counsel to President Obama, and Donald McGahn, former White House Counsel to President Trump.

The fifth panel looked at the IRS, Congress, and the President’s tax returns, featuring a discussion of a paper titled “The President’s Tax Returns” by the University of Iowa Law School’s Professor Andy Grewal. The panel was moderated by the Gray Center’s Executive Director, Adam White. The video is available at http://administrativestate.gmu.edu/events/the-administration-of-democracy-the-george-mason-law-reviews-second-annual-symposium-on-administrative-law/.

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Recorded during the Senate impeachment trial, Hoover Institution fellow Richard Epstein and Adam White discuss the House managers’ case, the White House’s response, and the seemingly short path forward to acquittal.

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What is the essence of the American presidency? How does it compare to what the Constitution intended it to be? Adam White and guest Stephen Knott discuss

The post ‘Unprecedential’: The ‘soul’ of the presidency appeared first on American Enterprise Institute – AEI.

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On October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census be administered? How do we preserve the regulatory process’s democratic legitimacy? And, are members of Congress entitled to see the President’s tax returns? These papers are forthcoming in the George Mason Law Review. In addition, the event featured a Keynote Conversation with two former public servants with deep expertise in both governance and campaigns: Robert Bauer, former White House Counsel to President Obama, and Donald McGahn, former White House Counsel to President Trump.

The fourth panel focused on the democracy of administration. Speakers discussed a paper by the University of Louisville’s Professor Russell L. Weaver, titled “Rulemaking in an Internet Era: Dealing with Bots, Trolls & ‘Form Letters.’” The panel was moderated by Antonin Scalia Law School Professor and Gray Center Affiliated Faculty Member, Carolina Cecot, and introduced by Gray Center Executive Director, Adam White. The video is available at http://administrativestate.gmu.edu/events/the-administration-of-democracy-the-george-mason-law-reviews-second-annual-symposium-on-administrative-law/.

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On October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census be administered? How do we preserve the regulatory process’s democratic legitimacy? And, are members of Congress entitled to see the President’s tax returns? These papers are forthcoming in the George Mason Law Review. In addition, the event featured a Keynote Conversation with two former public servants with deep expertise in both governance and campaigns: Robert Bauer, former White House Counsel to President Obama, and Donald McGahn, former White House Counsel to President Trump.

The third panel looked at the administration of the census, centering on a paper titled, “Motive and Opportunity: Courts’ Intrusions into Discretionary Decisions of Other Branches—A Comment on Department of Commerce v. New York” by Ron Cass, President of Cass & Associates, and Distinguished Senior Fellow at the Gray Center. The panel was moderated by Conor Woodfin, Editor-In-Chief of the George Mason Law Review, and introduced by the Gray Center’s Executive Director, Adam White. The video is available at http://administrativestate.gmu.edu/events/the-administration-of-democracy-the-george-mason-law-reviews-second-annual-symposium-on-administrative-law/.

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On October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census be administered? How do we preserve the regulatory process’s democratic legitimacy? And, are members of Congress entitled to see the President’s tax returns? These papers are forthcoming in the George Mason Law Review. In addition, the event featured a Keynote Conversation with two former public servants with deep expertise in both governance and campaigns: Robert Bauer, former White House Counsel to President Obama, and Donald McGahn, former White House Counsel to President Trump.

The first panel focused on the administration of federal campaign finance laws. We discussed two new papers: Capital University Law School Professor Bradley Smith’s paper, “Feckless: A Critique of Criticism of the Federal Election Commission Structure, and Possible Lessons for the Administration of Campaign Finance and Election Law,” and George Washington University Law Professor Richard Pierce’s paper, “A Realistic Version of Campaign Finance Reform and Two Essential Steps Toward a Return to Effective Governance.” Pierce is affiliated with the Gray Center as a member of our Advisory Council. The discussion was moderated by the Gray Center’s Executive Director, Adam White, and also features a welcome from George Mason Law Review Editor-In-Chief, Conor Woodfin. The video is available at http://administrativestate.gmu.edu/events/the-administration-of-democracy-the-george-mason-law-reviews-second-annual-symposium-on-administrative-law/.

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