Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes



Hart Senate Office Building Room 902
Washington, DC 20510

The Administrative Conference, together with the American Bar Association’s Criminal Justice and Administrative Law and Regulatory Practice Sections, the American Constitution Society, and The Federalist Society, is recently hosted a workshop to explore current topics at the intersection of criminal law and the administrative state.[1]  Senator Mike Lee, Senator Sheldon Whitehouse, and U.S. Sentencing Commissioner Rachel Barkow offered keynote remarks. 






2:00 PM Introduction

2:15 PM Panel One: Defining Regulatory Crimes

Moderator: The Hon. Ronald Cass, Cass & Associates

Panelists: Susan R. Klein, UT Austin School of Law; John Malcolm, Heritage Foundation; Daniel C. Richman, Columbia University; George Terwilliger III, Morgan Lewis

3:30 PM Keynote Remarks: Senator Michael S. Lee (UT)

4:00 PM Panel Two: Agency Enforcement and Prosecution of Regulatory Crimes

Moderator:  Richard A. Bierschbach, Cardozo Law

Panelists: Kate Andrias, Michigan Law; Matthew S. Axelrod, Cohen Milstein Sellers & Toll, PLLC; James R. Copland, Manhattan Institute; Rena Steinzor, University of Maryland Law

5:15 PM Keynote Remarks: Senator Sheldon Whitehouse (RI); U.S. Sentencing Commissioner Rachel E. Barkow

[1] The Administrative Conference has issued a number of prior recommendations in these areas. E.g., Recommendations 72-3, 72-6, 76-4, 82-7, 86-2, 86-4, 93-1, 92-7, and 94-2. Despite this history, ACUS has not conducted any studies relevant to criminal law or procedure since it was re-established in 2010.


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