About this Event
Reexamining Agency Policymaking: Agency Discretion, The Major Questions Doctrine, and “Ordinary Questions"
Please join The George Washington Law Review for its annual Administrative Law Panel as part of the ABA's Virtual Live Administrative Law Conference. This panel—comprised of scholars whose works have been accepted for publication in The George Washington Law Review's Vol. 92 Annual Review of Administrative Law and moderated by Professor Jonathan Siegel of GW Law—explores three current issues in administrative law. Professor Lisa Bressman will argue for the implementation of an Ordinary Questions Doctrine in administrative law, maintaining the distinction between questions of law and questions of policy for courts and agencies, respectively, while acknowledging that ordinary questions of statutory interpretation often involve policy implementation. Professor Daniel Deacon will discuss the Chenery II line of cases and explore the limits and nuances surrounding agencies' ability to choose between rulemaking and adjudication when formulating policy, arguing for a critical reexamination of Chenery II and advocating for the removal of limits on agencies' policy formulation through adjudication, absent statutory constraints. Professor Anita Krishnakumar will examine the major questions of doctrine and its recent prominence in Supreme Court cases, critiquing its inconsistency with textualism and arguing against its purported purposive inquiry. Administrative law scholars, practitioners, and students will gain insight and perspective on these pressing administrative law issues that they can use in their practices and studies.
You can register here. Law students pay $25, which is a heavily discounted price from $415 as a non-member of ABA.
For more information about the event or any questions, please reach out to Minji Doh, Vol. 92 Senior Projects Editor, at gwlrprojects@law.gwu.edu.
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