Call for Papers: Loyola Compliance Symposium “What is the Role of a Regulation if it is Not Enforced?”

by Chris Walker — Monday, Sept. 4, 2017@chris_j_walker

Loyola Chicago has a terrific Center for Compliance Studies, which is directed by Ryan Meade. Last year I participated in the Center’s first annual symposium “Complying with Law: An Interdisciplinary Dialogue.” I’m fascinated by the field of compliance, and the role of lawyers — and administrative law — in it. Last year’s symposium was a terrific opportunity to explore that area .

The Center’s second annual symposium What is the Role of a Regulation if it is Not Enforced? is scheduled for February 2018, and this time the Center is doing a call for papers to be published in the Journal of Regulatory Compliance. Here are the details from Ryan Meade:

“What is the Role of a Regulation if it is Not Enforced?”

February 16, 2018
Loyola University Chicago School of Law
Philip H. Corboy Law Center
Power Rogers & Smith Ceremonial Courtroom
25 E. Pearson Street

Call for Papers

The Center for Compliance Studies at Loyola University Chicago School of Law and The Loyola Journal of Regulatory Compliance invite original paper submissions for presentation at our Second Compliance Studies Symposium: “What is the Role of a Regulation if it is Not Enforced?”  The Symposium will take place at Loyola University Chicago School of Law on Friday, February 16, 2018 beginning at 9:00am.

The Symposium will explore questions of theory and practice related to an administrative state that has such an abundance of regulations (and quasi-regulations in the form of interpretative guidance) that administrative agencies cannot possibly audit or enforce all of the regulations. This poses questions of legal theory about the role of regulations in society if the state has no intention or lacks resources to enforce them as well as practical questions for the regulated actors in how or when to comply with regulations.  It also sets up a minefield for the regulated actor if enforcement agencies play “gotcha” on technical strict liability rules buried in dense manuals or that have never before been enforced.

Although focusing on law, the Symposium is intended to be multi-disciplinary and seeks to bring together scholars from law, ethics, political science, business, economics, and philosophy.  Accordingly, we invite submissions addressing any and all aspects of regulation enforcement and non-enforcement.

Possible topics for papers include, but are not limited to:

  • Inconsistent enforcement of regulations, generally
  • Administrative discretion as prosecutorial discretion
  • The role of waivers and administrative stays
  • “Permissive” penalties with thin criteria for application
  • Does (or should) the U.S. have a theory of regulation?
  • Non-enforcement as deregulation
  • Gaming regulatory action in crafting compliance internal audits
  • Abuse, justice, or both in inconsistent agency actions
  • Whistleblower incentives as solutions for agency inaction
  • When is it appropriate for the Executive Branch to not enforce the law?

Submission and Review Timeline

Those interested in participating, please send a 300-500-word abstract to Ryan Meade at rmeade@luc.edu by September 29, 2017.  Accepted papers will be notified of decisions no later than October 6, 2017. The Center for Compliance Studies will cover the cost of hotel, travel, ground transportation, and meals for those presenting at the Symposium.

Publication of Full Paper

If your abstract is selected, a full paper will be due by March 16, 2018 of 4000-6000 words.  Your paper will be reviewed and edited for publication in the Fall 2018 issue of The Loyola Journal of Regulatory Compliance.

Conference Location

The conference will be held in the Philip H. Corboy Law Center, Power Rogers & Smith Ceremonial Courtroom, on the 10th floor of 25 E. Pearson St. at Loyola University Chicago’s Water Tower Campus.

Registration Information

The agenda and attendee registration information will be available in November.

About The Loyola Journal of Regulatory Compliance

The Loyola Journal of Regulatory Compliance publishes scholarship from the interdisciplinary perspectives of law, economics, philosophy, and ethics. The journal seeks to advance academic dialogue on managing regulatory risk in a commercial enterprise, the experience of the regulated actor, and analysis of regulations in the context of organized efforts to comply with law.  Each annual issue offers a forum for both speculative and practical discussion.

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About Chris Walker

Christopher Walker is a law professor at The Ohio State University Moritz College of Law. Prior to joining the law faculty, Professor Walker clerked for Justice Anthony Kennedy of the U.S. Supreme Court and worked on the Civil Appellate Staff at the U.S. Department of Justice. His publications have appeared in the Michigan Law Review, Minnesota Law Review, Stanford Law Review, and University of Pennsylvania Law Review, among others. Outside the law school, he serves as one of forty Public Members of the Administrative Conference of the United States and on the Governing Council for the American Bar Association’s Section on Administrative Law and Regulatory Practice. He blogs regularly at the Yale Journal on Regulation.

Cite As: Author Name, Title, Yale J. on Reg.: Notice & Comment (date), URL.

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