Differing Perspectives on the Role of the Administrative State in Modern Regulation
NYU Student Chapter
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New York, NY 10012
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Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Sally Katzen served in the Clinton administration as administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), as deputy assistant to the president for economic policy and deputy director of the National Economic Council in the White House, and then as the deputy director for management at OMB. She served as the head of the Agency Review Group for the Obama/Biden transition with responsibility for the Executive Office of the President and all government-wide agencies. She has taught both undergraduates and at various law schools. She is a member of the American Law Institute and the National Academy of Public Administration, has served on multiple panels for the National Academy of Sciences, testified frequently before Congress, and is on the board of several non-profit organizations. Before joining the Clinton administration, Katzen was a partner in the Washington, DC, law firm of Wilmer, Cutler & Pickering, specializing in regulatory and legislative matters, while serving in leadership roles in the American Bar Association (including chair of the Section on Administrative Law and Regulatory Practice and as DC delegate to the ABA’s House of Delegates), as president of the Federal Communications Bar Association and as president of the Women’s Legal Defense Fund. She graduated from Smith College and the University of Michigan Law School, where she was the first woman editor-in-chief of the Law Review. She clerked for Judge J. Skelly Wright of the United States Court of Appeals for the District of Columbia Circuit and served in the Carter administration as the general counsel of the Council on Wage and Price Stability in the Executive Office of the President.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Catherine Sharkey is the Segal Family Professor of Regulatory Law and Policy at NYU School of Law. She is a leading authority on torts, products liability, artificial intelligence in federal administrative agencies, public nuisance, punitive damages, and federal preemption of state tort law. She is a Senior Fellow of the Administrative Conference of the United States (ACUS), a member of its Roundtable on Artificial Intelligence in Federal Agencies, author of Algorithmic Tools in Retrospective Review (2023) and co-author of Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies (2020). Sharkey is co-author of Cases and Materials on Torts (13th edition, 2024) and Business, Defamation, and Privacy Torts (1st ed., forthcoming 2025), and co-editor of Foundations of Tort Law (2nd edition, 2009). She is an elected member of the American Law Institute and an adviser to the Restatement Third, Torts: Liability for Economic Harm and Restatement Third, Torts: Remedies projects.
Angeles T. Arredondo E Pluribus Unum Senior Fellow, The Heritage Foundation
Mike Gonzalez, the Angeles T. Arredondo E Pluribus Unum Senior Fellow at The Heritage Foundation, writes on critical race theory, identity politics, diversity, multiculturalism, assimilation and nationalism, as well as foreign policy in general. He spent close to 20 years as a journalist, 15 of them reporting from Europe, Asia and Latin America. He left journalism to join the administration of President George W. Bush, where he was speechwriter for Securities and Exchange Commission Chairman Christopher Cox before moving on to the State Department’s European Bureau.
Gonzalez, who joined Heritage in March 2009, became a Senior Fellow in June 2014 and a chaired fellow in 2019. He is a widely experienced writer and public speaker. He has written for National Affairs, The American Interest, Foreign Policy, The Claremont Review of Books, City Journal, Quillette, The Wall Street Journal, The Washington Post, Time.com, The Hill, Forbes.com, USA Today, The Guardian, The National Interest, The Daily Signal, National Review and others. Gonzalez has appeared on Fox, MSNBC, PBS, the BBC, CNBC, NPR, C-SPAN, The Voice of America, Television Española, Canal Plus, as well as many other networks and stations in the United States, Europe, Asia and Latin America.
Gonzalez got his first regular reporting beat in 1981, covering high school sports for one summer for The Boston Herald. He went to work for Agence France-Presse in 1987, reporting from around the globe for the news agency for six years, including covering the war in Afghanistan, where he traveled with the Mujahedeen in the late 1980s. In his first foreign assignment, in Panama in 1987, he was arrested, jailed overnight and expelled by the dictator Manuel Antonio Noriega.
After taking off two years to earn a master's in Business Administration from Columbia Business School, he next logged 11 years with The Wall Street Journal, writing a column on the stock market in New York before being posted to Hong Kong in 1995 as Deputy Editor of the editorial pages of the newspaper’s Asia edition. Between 1998 and 2003, he served in the same capacity for the European edition in Brussels, before returning to Hong Kong as chief editorial page editor.
Gonzalez holds a bachelor’s degree in Communications from Boston’s Emerson College, and a master's in Business Administration from Columbia Business School.
Partner, Benesch, Friedlander, Coplan & Aronoff LLP
Peter focuses his legal practice on representing management in employment-related litigation and in contract negotiations, NLRB proceedings, EEO matters and arbitration.
Peter Kirsanow is a partner with Benesch’s Labor & Employment Practice Group. He returned to Benesch in January 2008 after serving as a presidential appointee to the National Labor Relations Board (NLRB) in Washington D.C. for two years. While serving on the NLRB, he was involved with significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. In addition, Peter testified before the Senate Judiciary Committee on the nominations of John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan and Neil Gorsuch to the Supreme Court. He also continues to testify before and advise members of the U.S. Congress on employment law matters, most recently on November 18 before the House Subcommittee on Investigations and Oversight regarding disparate impact theory.
Peter was recently reappointed by the Majority Leader of the House of Representatives to his fourth consecutive six-year term on the U.S. Commission on Civil Rights. This is a part-time position which will expire in December 2025.
Recently, Peter and a team of Benesch attorneys served as lead counsel to the National Association of Manufacturers in litigation before the U.S. Circuit Court for the District of Columbia against the NLRB, challenging the Board’s Notice of Employer Rights Posting Rule. The court ruled in favor of Benesch’s client, striking down the NLRB’s Rule in its entirety. This ruling impacts over 6,000,000 employers nationwide which would have been subject to the posting requirement.
Additionally, Peter is past chair of the board of directors of the Center for New Black Leadership and is a member of Benesch’s Diversity & Inclusion Committee. This committee helps ensure that the firm promotes an environment in which differences are respected, employees are treated fairly, and individual skills and talents are valued.
Mark Pulliam, a longtime member of the Federalist Society (and former President of the San Diego Lawyers Chapter), is a lawyer and writer in Austin, Texas. He is a contributing editor of Law and Liberty, and also writes for a variety of publications, including his blog, Misrule of Law.
Harold Washington Professor of Law, Northwestern University Pritzker School of Law
Daniel B. Rodriguez, the Harold Washington Professor at the Law School, served as dean of the Law School from January 2012 through August 2018.
His principal academic work is in the areas of administrative law, local government law, statutory interpretation, federal and state constitutional law, and the law-business-technology interface.
Formerly, Professor Rodriguez served as Minerva House Drysdale Regents Chair in Law at the University of Texas-Austin; as a Research Fellow at Rice University’s Baker Institute for Public Policy; as Dean and Warren Distinguished Professor of Law at the University of San Diego School of Law; and, as a Professor of Law at University of California, Berkeley School of Law. He has also served as a visiting professor at several top law schools, including Stanford, Harvard, Columbia, University of Southern California, and Virginia.
Professor Rodriguez was the 2014 President of the Association of American Law Schools (AALS) and is currently serving as chair of the council of the American Bar Association Center for Innovation, a council member of the American Law Institute, and as an advisor to ROSS Intelligence, Inc.
Rodriguez received his law degree, with honors, from Harvard Law School and his undergraduate degree from California State University of Long Beach.
Richard L. and Antoinette S. Kirtland Professor of Law, USC Gould School of Law
Daria Roithmayr teaches and writes about persistent structural racism in labor, housing, political participation, wealth and education. Her recent book, Reproducing Racism: How Everyday Choices Lock In White Advantage (NYU 2014), explores the self-reinforcing dynamics of persistent racial inequality. Her work is heavily interdisciplinary, drawing from economics, sociology, political theory, history and complex systems theory. She is currently at work on a new book, Racism Pays, which explores the way that recent innovations in the digital economy have relied on racial exploitation to get off the ground.
Before joining USC Gould, Roithmayr taught for nine years at the University of Illinois College of Law. She has also been a visiting researcher at Harvard University and a visiting law professor at the University of Michigan, Georgetown, and Yale.
Roithmayr received her BS from UCLA, and her JD, magna cum laude, from the Georgetown University Law Center, where she was a member of Order of the Coif and served as an editor of the Georgetown Law Journal. She clerked for The Honorable Marvin J. Garbis, judge of the U.S. District Court for the District of Maryland.
Vice President for the Program on Technology, Criminal Justice and Civil Liberties, Lincoln Network
Arthur Rizer is the Vice President for the Program on Technology, Criminal Justice and Civil Liberties at Lincoln Network. In addition to his work at Lincoln, Arthur is a visiting lecturer at University College London, and an adjunct professor at George Mason University’s Antonin Scalia Law School. Arthur is also a member of Columbia University Justice Lab’s Executive Session for the Future of Justice Policy, the Federalist Society’s Executive Committee of the Criminal Law Practice Group, the Virginia Advisory Committee to the U.S. Commission on Civil Rights, and other advisory bodies.
Before joining Lincoln, Arthur was founding director of the R Street Institute’s program on criminal justice and civil liberties. Prior to that, Arthur taught at West Virginia University’s College of Law, and was a visiting professor at Georgetown University Law Center. He also served as a trial attorney with the U.S. Justice Department, primarily as a federal prosecutor in the Criminal Division, where he targeted command-and-control drug cartel leaders and narco-terrorists. He also served as a prosecutor in the U.S. Attorney’s Office for the Southern District of California and in the civil division. Earlier in his career, Arthur served in the U.S. Army, originally enlisting as a private before later receiving a commission. He served as an armor officer, later becoming the commander of a military police company and a Reserve Officers’ Training Corps assistant professor. He deployed to Fallujah, Iraq, with the mission to train the Iraqi Infantry and served as an MP acting battalion commander and executive officer. He retired as a lieutenant colonel from the U.S. Army (WVNG). During his Army career, Arthur received the Bronze Star, Purple Heart, Meritorious Service and Iraq Campaign medals.
Arthur is the author of three books: Lincoln’s Counsel (2010); The National Security Implications of Immigration Law (2013); and Jefferson’s Pen: The Art of Persuasion (2016).
Arthur earned his bachelor’s degree in political science from Pacific Lutheran University; a master of laws, with distinction, from Georgetown University’s Law Center; and his JD, magna cum laude, from Gonzaga University School of Law. He is also a graduate of the U.S. Marine Corps’ Command Staff College. He is in the final stages of a doctorate at the University of Oxford, Faculty of Law, Centre of Criminology that focuses on policing.
Judge, U.S. Court of Appeals, District of Columbia Circuit
Judge Walker was appointed to the United States Court of Appeals in September 2020. A graduate of Duke University and Harvard Law School, he clerked for then-Judge Brett Kavanaugh and Justice Anthony Kennedy. In 2019, he was appointed to the U.S. District Court for the Western District of Kentucky. Prior to that, he practiced at Gibson Dunn & Crutcher (D.C.) and Dinsmore & Shohl (Louisville). He has taught law in several states and foreign countries.
Of Counsel, Fisher & Phillips, LLP
Greg Grisham has over 25 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States.
He has helped employers avoid claims, charges and lawsuits with a focus on preventative practices. Preventative practices include counseling in situations involving discipline, termination, demotion, promotion and other workplace changes in the terms and conditions of employment, harassment investigations, wage and hour compliance, FMLA Compliance, Reasonable Accommodation assessment, supervisor training and the review of employment policies and procedures. In addition, Greg's practice includes the representation of business entities subject to Title III of the Americans with Disabilities Act in Public Accommodation cases.
Greg has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, defamation, invasion of privacy, breach of contract, wage and hour violations and ERISA violations, among others. He also represents employers before the National Labor Relations Board in unfair labor practice proceedings. He represents employers in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation and non-disclosure agreements and related trade secret litigation. Greg's practice also includes the defense of property owners and property management companies in federal and state Housing Discrimination charges and litigation. He also advises Tennessee Public Charter Schools on education law and workplace compliance matters.
Greg has extensive experience working with insurance carriers and their insureds in the defense of EPLI claims. He is a regular speaker at public seminars on workplace law issues and has authored numerous articles on a variety of labor and employment law related topics.
Greg holds an AV Preeminent Peer Review rating from Martindale-Hubbell and has been selected for inclusion in Mid-South Super Lawyers and Best Lawyers in America for Employment Litigation-Management side. Greg was elected as a 2016 Fellow to the College of Labor and Employment Lawyers and has been selected to the “Top 20 Lawyers in Traditional Labor & Employment Law” list in conjunction with Human Resource Executive Magazine and LawDragon’s 2017 and 2018 “Most Powerful Employment Attorneys” lists and specialty guides. Greg was also named a Fellow in the American Bar Foundation in 2017.
John S. Battle Professor of Law, University of Virginia School of Law
Julia D. Mahoney teaches courses in property, government finance, constitutional law and nonprofit organizations. A graduate of Yale Law School, she joined the University of Virginia faculty as an associate professor in 1999 and is now John S. Battle Professor of Law. She has also taught at the University of Southern California Law School and the University of Chicago Law School, and before entering the legal academy, practiced law at the New York firm Wachtell, Lipton, Rosen & Katz. Her scholarly articles include works on land preservation, eminent domain, health care reform and property rights in human biological materials.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.