Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
559 Nathan Abbott Way
Stanford, CA 94305
Stanford Law School hosted the 2012 Federalist Society National Student Symposium on March 2nd and 3rd, 2012. The theme for the symposium was "Bureaucracy Unbound: Can Limited Government and the Administrative State Co-Exist?".
Featuring a Keynote Address by:
The Honorable Michael S. Lee,
United States Senator, Utah
6:45 p.m. - 8:45 p.m.
Panel 1: The Rule of Law and the Administrative State
2012 National Student Symposium
| Topics: | Administrative Law & Regulation • Constitution • Federalist Society • Jurisprudence • Separation of Powers |
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Cemex Auditorium
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Event Video
Description
The rule of law, whatever that term describes, is one of the central concepts in Anglo-American jurisprudence. Does the administrative state, either in its operation or in the legal moves necessary for its validation, undermine or support the rule of law? Does modern governmental administration, and modern conditions of life, require some redefinition of the rule of law? Is there a relationship between the rule of law and the separation of powers, and if so, how does the administrative state affect that relationship? This panel, in short, will explore how the administrative state relates to fundamental jurisprudential principles.
Introductory Remarks
6:45 p.m.
Cemex Auditorium
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Dean Larry Kramer, Stanford Law School
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Mr. Michael Reynolds, Co-Chair, 2012 Annual Student Symposium
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Mr. Ilan Wurman, Co-Chair, 2012 Annual Student Symposium
Panel 1: The Rule of Law and the Administrative State
7:00 p.m. - 8:45 p.m.
Cemex Auditorium
Panelists:
- Prof. David Barron, Harvard Law School
- Prof. Richard Epstein, New York University School of Law
- Hon. Brett Kavanaugh, U.S. Court of Appeals, District of Columbia Circuit
- Prof. Peter Shane, The Ohio State University Law School
- Moderator: Hon. Carlos Bea, U.S. Court of Appeals, Ninth Circuit
Speakers
8:00 a.m. - 9:00 a.m.
Writing Law Review Articles
2012 National Student Symposium
| Topics: | Federalist Society |
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Cemex Auditorium
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Event Video
Description
On March 3, 2012, Prof. Eugene Volokh of UCLA School of Law delivered a lecture on "Writing Law Review Articles" at the 2012 Annual Student Symposium at Stanford Law School.
- Prof. Eugene Volokh, UCLA School of Law
Speakers
9:00 a.m. - 10:45 a.m.
Panel 2: Congress vs. Agencies: Balancing Checks and Efficiency: Gridlock, Organized Interests, and Regulatory Capture
2012 National Student Symposium
| Topics: | Administrative Law & Regulation • Constitution • Federalism • Separation of Powers • Supreme Court |
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Cemex Auditorium
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Event Video
Description
The administrative state is often defended as a necessary response to modern conditions that make governance through ordinary legislation virtually impossible. Is the administrative process in fact more efficient than legislation (and what is meant in this context by “efficient”)? Do any benefits from the administrative process come at the expense of other values? If the legislative process is subject to gridlock, is gridlock all bad? If capture or influence by interest groups is a problem, is it likely to be a worse problem in agency or legislative settings?
Does congressional abdication contribute to bureaucratic sclerosis, which makes it difficult to start and maintain businesses? Finally, what role do the Court's doctrines play at the intersection of these questions? Is Chevron deference to agencies good? Does the president's control make the administrative state better or worse? Do the Court's doctrines in Bowsher and Chadha give agencies too much power?
Panelists:
- Prof. David Engstrom, Stanford Law School
- Hon. C. Boyden Gray, Former White House Counsel
- Prof. Lisa Heinzerling, Georgetown University School of Law
- Prof. Michael W. McConnell, Stanford Law School
- Moderator: Hon. Lois Haight, Superior Court of California
- Introduction: Mr. Michael Reynolds, Co-Chair, 2012 Annual Student Symposium
Speakers
11:00 a.m. - 12:45 p.m.
Panel 3: Perspectives on Executive Power: Czars, Libya, and Recent Developments
2012 National Student Symposium
| Topics: | Federalism • Foreign Policy • Separation of Powers • Federalism & Separation of Powers |
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Cemex Auditorium
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Event Video
Description
This panel will address the role of Executive branch officials in making high-level policy decisions, and their relationship to Congress. This is particularly relevant in the context of two recent debates: can the President ignore congressional attempts to strip funding from high-level officials who are not confirmed by the Senate? Is the Obama administration’s use of “czars” constitutional? Moreover, what is the power of the Executive branch to start a war without any authorization from Congress? The Federalist Society's Student Division presented this panel at the 2012 Annual Student Symposium on March 3, 2012.
Panelists:
- Prof. Mariano-Florentino Cuéllar, Stanford Law School
- Prof. John Harrison, University of Virginia Law School
- Prof. Sandy Levinson, University of Texas Law School
- Prof. John Yoo, Berkeley Law School
- Moderator: Hon. Thomas Griffith, U.S. Court of Appeals, District of Columbia Circuit
- Introduction: Mr. Ilan Wurman, Co-Chair, 2012 Annual Student Symposium
Speakers
2:00 p.m. - 3:30 p.m.
Debate: The Constitutionality of the Affordable Care Act
2012 National Student Symposium
| Topics: | Administrative Law & Regulation • Constitution • Federalism • Healthcare • Supreme Court |
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Cemex Auditorium
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Event Video
Description
This debate will focus on the constitutionality of the Affordable Care Act. While specific attention will be given to administrative law issues, including the constitutionality of giving out compliance waivers and of medical expert boards, the discussion will be free-ranging and address all constitutional questions of interest. The Federalist Society's Student Division presented this debate at the 2012 Annual Student Symposium on March 3, 2012.
Debaters:
- Prof. Randy Barnett, Georgetown University School of Law
- Prof. Pamela Karlan, Stanford Law School
- Moderator: Hon. Sandra Ikuta, U.S. Court of Appeals, Ninth Circuit
- Introduction: Mr. Michael Reynolds, Co-Chair, 2012 Annual Student Symposium
Speakers
3:45 p.m. - 5:45 p.m.
Panel 4: Technology and Regulation
2012 National Student Symposium
| Topics: | Administrative Law & Regulation • Intellectual Property |
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Cemex Auditorium
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Event Video
Description
Being in Silicon Valley, Stanford is known for its strong focus on intellectual property law and technology more broadly. This panel seeks to ask: what is the relationship between technology and the administrative state? Does technological progress require regulatory guidance? This panel will also consider to what degree development in technology in recent years has been slower than anticipated and whether the administrative state has been an asset or a hindrance to the effective utilization of technology.
Panelists:
- Prof. Richard Epstein, New York University School of Law
- Prof. Anthony Falzone, Stanford Center for Internet and Society
- Prof. Mark Lemley, Stanford Law School
- Mr. Peter Thiel, President, Clarium Capital
- Hon. Ted Ullyot, General Counsel, Facebook
- Moderator: Dean Larry Kramer, Stanford Law School
- Introduction: Mr. Ilan Wurman, Co-Chair, 2012 Annual Student Symposium
Speakers
7:00 p.m. - 10:00 p.m.
2012 Bator Award Presentation and Banquet Keynote Address by Mike Lee
2012 National Student Symposium
| Topics: | Constitution • Federalism • Federalist Society |
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Arrillaga Center for Sports and Recreation
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
Event Video
Description
Senator Mike Lee of Utah delivered the Keynote Address at the Federalist Society's 2012 Annual Student Symposium at Stanford Law School on March 3, 2012. He was introduced by Ms. Barbara Smith, President of the Stanford Student Chapter.
The Keynote Address was preceded by the 2012 Bator Award Presentation. The Paul M. Bator Award was established in 1989 in memory of Professor Paul M. Bator, a renowned scholar and teacher of federal courts and constitutional law. Professor Bator taught at Harvard Law School from 1959 to 1982 and from 1983 to 1985, and at the University of Chicago from 1985 until his untimely death in 1989. He also served as Principal Deputy Solicitor General in 1982 and 1983. The award is given annually to a young academic (under 40) who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact. This award is presented during the Federalist Society's Annual Student Symposium.
Bator Award Presentation
- Prof. Eugene Kontorovich, Northwestern University School of Law
- Introduction by: Mr. Denny Ng, University of Chicago Law School Student Chapter
Keynote Address
- Hon. Michael S. Lee, United States Senate
- Introduction by: Ms. Barbara Smith, President, Stanford Student Chapter
