ABA Administrative Law Conference 2021

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This event will feature Bridget Dooling and Susan Dudley.

As the home for lawyers who work for, interact with, or study government entities, the American Bar Association Section of Administrative Law & Regulatory Practice seeks to enhance the professional development of its members, and further the vital public interest of effective, efficient and fair administration at all levels of government.  This annual conference brings together hundreds of experts in administrative law and regulatory practice to reflect on developments in the field.  The two-day virtual conference will include presentations by GW Regulatory Studies Center scholars in three separate panels.

OIRA in the Biden Administration: A Conversation with Former OIRA Administrators

Thursday November 18, 2021 10:45 am – 12:15 pm ET -- CLE Session 4

One year into the Biden Administration there is an abundance of regulatory activity, but no nominated OIRA Administrator. The panel will discuss the current state of OIRA regulatory review, Biden regulatory initiatives, and the opportunities and challenges for OIRA.

Speakers:

• Sally Katzen, Professor of Practice and Distinguished Scholar in Residence, New York University Law School, New York, NY
• Howard Shelanski, Professor of Law, Georgetown Law, and Partner, Davis Polk; former OIRA Administrator Obama Administration, Washington, DC
• Susan E. Dudley, Director, GW Regulatory Studies Center, and former OIRA Administrator in the George W. Bush Administration, Washington, DC

Moderator:

• Michael Fitzpatrick, Director Strategy & Innovation, Google Global Affairs, former OIRA Administrator Obama Administration, Washington, DC

Developments in Administrative Law Part 1

Friday November 19, 2021 8:45 am – 10:30 am ET -- CLE Session 13

In this signature event of the Administrative Law Section’s Fall Conference, scholars will present a comprehensive overview of the most important administrative law developments in the last twelve months. Administrative law moves fast, and the past year has seen many changes in the areas of government information and privacy, rulemaking, and adjudication, specifically. In this panel—the first of two separate Developments panels—our speakers take up these topics and provide essential information about the past year’s biggest changes. Keeping track of everything that happens in administrative agencies, in the courts, in Congress, and in the White House across all substantive fields can be next to impossible, especially in a presidential transition year, but you’ll have a leg up when you attend this survey panel. Each of the panelists will not only cover the year’s key developments but will also emphasize broader themes and trends that can only be seen by looking at developments together. The panelists’ prepared remarks will be followed by a short question and answer session.

Speakers:

• Bernard Bell, Professor of Law and Herbert Hannoch Scholar, Rutgers Law School, Newark, NJ (Government Information & Right to Privacy)
• Bridget C.E. Dooling, Research Professor, George Washington University Regulatory Studies Center, Washington, DC
• Bethany Davis Noll, Executive Director of the State Energy & Environmental Impact Center and Adjunct Professor of Law, New York University School of Law, New York, NY (Rulemaking)
• Christopher J. Walker, John W. Bricker Professor of Law, Director Moritz Washington DC Summer Program, Michael E. Moritz College of Law, Columbus, OH; and Matthew Lee Wiener, Acting Chairman, Vice Chairman & Executive Director, The Administrative Conference of the United States, Washington, DC (Adjudication)

Moderator:

• Daniel Walters, Assistant Professor of Law, Penn State Law, University Park, PA

Executive Orders in Theory and Practice

Friday November 19, 2021 1:00 pm – 2:30 pm ET -- CLE Session 17

Presidents value executive orders because they allow for unilateral action, but they have their limits. This panel will consider the practical and legal limits of executive orders in the modern administrative state. Topics will include the role of executive orders in presidential policymaking, how the bureaucracy shapes draft executive orders, how that internal development process changed in the Trump and Biden administrations, and what can be learned from recent litigation involving executive orders.

Speakers:

• Aram Gavoor, Professorial Lecturer in Law, George Washington University Law School, Washington, DC
• Andrew Rudalevige, Thomas Brackett Reed Professor of Government & Chair, Department of Government and Legal Studies, Bowdoin College, Brunswick, ME
• Allison Zieve, General Counsel and Director of Litigation Group, Public Citizen, Washington, DC
• Arpit Garg, Deputy General Counsel, U.S. Office of Management and Budget, Washington, DC

Moderator

• Bridget C.E. Dooling, Research Professor, George Washington University Regulatory Studies Center, Washington, DC