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05/10/2021

Federalist Society Executive Branch Review Conference Starting Next Monday
Michael Ramsey

A week from today (Monday, May 17) is the beginning of the Federalist Society's annual Executive Branch Review Conference (held virtually again this year).  Here is the announcement from the Federalist Society:

Please join us for the Federalist Society's Executive Branch Review Conference Week which will take place virtually May 17-20 on Airmeet, a new platform that includes a networking option. Webinar panels this year will focus on "The Next Four Years" and include topics such as civil rights in the Biden Administration, the future of social media regulation, judicial nominations and confirmations, the environmental agenda, religious liberties, financial services, and much more.
 
There is no cost to attend and all panels will be live-streamed and available to watch online with up to 6 credits of CLE available (there is a minimal cost for CLE credit). To learn more and register, visit fedsoc.org/ebr9.
 
And here is the program for the first day:
 
11:00 a.m. - 12:30 p.m.
Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today

Administrative Law & Regulation and Federalism & Separation of Powers Practice Groups

Whether as the result of hyper-partisanship or as a residue of the constitutional design for lawmaking, government by executive “diktat” is lately increasing.  Many of these executive actions appear to have dubious—if any—statutory authority, but the courts have been reticent to validate objections along these lines.  The U.S. Supreme Court has indicated a willingness to revisit and possibly to reinvigorate the non-delegation doctrine (with 5 Justices adhering to that view publicly), or at least to put some teeth into its supposedly constraining intelligibility principle.  To do so, the Court first will have to grapple with whether Article I, Section 1 of the Constitution contains a non-delegation principle at all?

Featuring: 

Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School

Prof. Philip Hamburger, Maurice & Hilda Friedman Professor of Law, Columbia Law School

Prof. Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School

Prof. Nicholas Parrillo, William K. Townsend Professor of Law, Yale Law School

Moderator: Hon. Neomi Rao, United States Court of Appeals, D.C. Circuit

1:00 p.m. - 2:30 p.m.
Trade and Its Cross-Cutting Equities: New Horizons, New Challenges

Intellectual Property and International & National Security Law Practice Groups

The Trump Administration re-focused U.S. trade policy on the interests of several sectors of the U.S. market, including traditional manufacturing. How the Biden Administration directs U.S. trade policy remains to be seen.

Rising to the challenge of IP theft—both by commercial firms and strategic actors—the previous Administration took a hard look at trade with China and other competitors. Keeping pace with emerging technologies, it re-aligned U.S. policies on export control and investment review. Meanwhile, the U.S.-Mexico-Canada Agreement (USMCA) re-configured the United States’ two most important trade relationships. Being a treaty in force, USMCA is likely to stay the touchstone for those relationships. Other areas of trade policy, however, the President may more readily shift in new directions. A range of national security-related policies in particular fall within Executive Branch discretion, and because of the granularity of so many critical trade-related rules, the interplay of White House preferences and Interagency equities inevitably will influence policy outcomes as well.

The ideal for any market is the frictionless flow of goods, services, capital, and ideas. Seldom, if ever, however, does any given market live up to the ideal. Trade, because it takes place across different national markets and regulatory régimes, entails distinctive challenges. This Conference Panel, Trade and Its Cross-Cutting Equities: new horizons, new challenges, will explore several key challenges that lie ahead as the Executive Branch seeks to steer its trade-related departments and agencies to make best use of its particular tools of the trade.

Featuring:

Prof. Thomas D. Grant, Faculty of Law, University of Cambridge 

Hon. F. Scott Kieff, Fred C. Stevenson Research Professor, George Washington University Law School 

Dr. Joshua Meltzer, Senior Fellow, The Brookings Institution 

Moderator: Mr. Steven Tepp, President & CEO, Sentinel Worldwide