Symposium on Federal Agency Adjudication

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Symposium on Federal Agency Adjudication
  • August 6, 2020 - 2:00 pm to 3:30 pm EDT
  • August 11, 2020 - 2:00 pm to 3:30 pm EDT
  • August 21, 2020 - 2:00 pm to 3:30 pm EDT
  • August 27, 2020 - 2:00 pm to 3:30 pm EDT

Program Sponsors:

  • Administrative Conference of the United States
  • Center for Progressive Reform
  • George Mason University's C. Boyden Gray Center for the Study of the Administrative State

Panel 1: Appointment and Removal of Federal Agency Adjudicators

August 6, 2020 – 2:00 pm to 3:30 pm EDT

This panel explored the constitutional issues surrounding the appointment and removal of agency adjudicators and how agencies have and could address those issues in selecting and removing adjudicators.

Panelists:

  • Margaret Miller, Administrative Law Judge, Federal Mine Safety and Health Review Commission; Treasurer, Federal Administrative Law Judges Conference
  • Linda Jellum, Associate Dean for Faculty Research & Development and Ellison Capers Palmer Sr. Professor of Tax Law, Mercer University School of Law
  • Richard J. Pierce, Jr., Lyle T. Alverson Professor of Law, The George Washington University Law School
  • Michael Rappaport, Hugh and Hazel Darling Foundation Professor of Law, University of San Diego School of Law

Moderator:

  • William Funk, Lewis & Clark Distinguished Professor of Law Emeritus, Lewis & Clark Law School

A transcript of the event is available here.

Panel 2: Managing Federal Agency Adjudication Programs

August 11, 2020 – 2:00 pm to 3:30 pm EDT

This panel explored how agencies can use appellate review and enhanced case-management and quality assurance techniques to promote accurate, consistent, and efficient decisionmaking in high-volume adjudicative programs.

Panelists:

  • Daniel E. Ho, William Benjamin Scott and Luna M. Scott Professor of Law, Stanford Law School
  • James McHenry, Director, Executive Office for Immigration Review, U.S. Department of Justice 
  • Christopher J. Walker, John W. Bricker Professor of Law, The Ohio State University Moritz College of Law
  • Melissa Feeney Wasserman, Charles Tilford McCormick Professor of Law, University of Texas at Austin School of Law

Moderator:

  • Anna W. Shavers, Associate Dean for Diversity and Inclusion and Cline Williams Professor of Citizenship Law, University of Nebraska College of Law

A transcript of the event is available here.

Panel 3: Procedures of Federal Agency Adjudication

August 21, 2020 – 2:00 pm to 3:30 pm EDT

This panel explored possible procedural reforms that the executive branch or Congress might adopt to improve agency adjudications.

Panelists:

  • Kent Barnett, J. Alton Hosch Associate Professor of Law, University of Georgia School of Law
  • Emily Bremer, Associate Professor of Law, University of Notre Dame Law School
  • Bijal Shah, Associate Professor of Law, Arizona State University Sandra Day O’Connor College of Law
  • Matthew L. Wiener, Acting Chairman, Administrative Conference of the United States

Moderator: 

  • Renée Landers, Professor of Law, Suffolk University Law School

A transcript of the event is available here.

Panel 4: Alternatives to Traditional Agency Adjudication

August 27, 2020 – 2:00 pm to 3:30 pm EDT

This panel explored alternatives to federal agency adjudication, including independent administrative tribunals, Article I courts, and general or specialized Article III courts. 

Panelists:

  • Hon. Ronald A. Cass, Cass & Associates, PC; Dean Emeritus, Boston University School of Law
  • Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, The George Washington University Law School
  • Michael Greve, Professor of Law, George Mason University Antonin Scalia Law School
  • Richard E. Levy, J.B. Smith Distinguished Professor of Constitutional Law, University of Kansas School of Law
  • A. Ashley Tabaddor, President, National Association of Immigration Judges

Moderator:

  • Adam J. White, Assistant Professor, George Mason University Antonin Scalia Law School

A transcript of the event is available here.

Panel 5: The State of Administrative Adjudication

Recorded September 4, 2020

Concluding the Symposium, three of the foremost administrative law scholars offer their thoughts on the state of administrative adjudication.

Panelists:

  • Michael Asimow, Dean’s Executive Professor of Law, Santa Clara Law School
  • Jeffrey Lubbers, Professor of Practice in Administrative Law, American University Washington College of Law
  • Richard J. Pierce, Jr., Lyle T. Alverson Professor of Law, The George Washington University Law School

Moderators:

  • Jeremy Graboyes, Deputy Research Director, Administrative Conference of the United States
  • Adam J. White, Assistant Professor, George Mason University Antonin Scalia Law School

A transcript of the event is forthcoming.

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August 6, 2020 - 2:00 pm EDT
 
August 11, 2020 - 2:00 pm EDT
 
August 21, 2020 - 2:00 pm EDT
 
August 27, 2020 - 2:00 pm EDT

Contacts

Deputy Director of Research
jgraboyes@acus.gov
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