“Financial Regulation: Political, Administrative, and Constitutional Accountability”: A Conference at the Center for the Study of the Administrative State

by Aaron Nielson — Tuesday, Nov. 29, 2016@Aaron_L_Nielson

As noted, next week will be the ABA Section on Administrative Law & Regulatory Practice’s annual administrative law conference. Yet one conference is not nearly enough to contain all of admin law. That is why there also will be another conference going on next week, this one at the Center for the Study of the Administrative State (at the Antonin Scalia Law School). This conference will be about financial regulation and will occur on Friday, December 9.

Here is the summary:

Financial regulation exposes many of the worst problems of political and constitutional accountability in administration. The D.C. Circuit recently held unconstitutional the independent structure of the Consumer Financial Protection Bureau. Members of Congress have called for amending the Dodd-Frank Act to curb regulatory overreach and clear the “fog” of uncertainty for regulated entities. Shareholders of companies have challenged “regulation by deal” as exceeding the boundaries of administrative procedures and due process. New technologies, such as fintech, require rethinking old regulatory frameworks to encourage innovation. This Public Policy Conference will examine these issues and others, identifying structural and legal problems with financial regulation and proposing solutions for more lawful and accountable administration. The panelists include leading scholars and experts with experience in private practice, government, and public policy. We hope you will join us for this important and timely discussion.

And here is the line-up:

Panel 1: The Fog of “Systemic Risk”

Brian P. Brooks, Executive Vice President, General Counsel, and Corporate Secretary, Fannie Mae
M. Todd Henderson, Michael J. Marks Professor of Law and Mark Claster Mamolen Research Scholar, The University of Chicago Law School
Peter J. Wallison, Senior Fellow and Arthur F. Burns Fellow in Financial Policy Studies, American Enterprise Institute
Adam J. White, Research Fellow, The Hoover Institution
Moderator: Elizabeth P. Papez, Partner, Winston & Strawn LLP

Panel 2: Problems with Regulation by Deal

Reginald J. Brown, Partner and Chair of the Financial Institutions Group, WilmerHale LLP
Steven Davidoff Solomon,Professor of Law, University of California, Berkeley School of Law
Heath P. Tarbert, Partner, Allen & Overy LLP
Bimal V. Patel, Partner, O’Melveny & Myers LLP
Moderator: Michael Greve, Professor of Law, Antonin Scalia Law School, George Mason University

Keynote Address: Richard Epstein
Laurence A. Tisch Professor of Law, Director, Classical Liberal Institute, New York University School of Law

Panel 3: Constitutional Problems with Financial Regulation

Peter Conti-Brown, Assistant Professor, Wharton School of the University of Pennsylvania
Ambassador C. Boyden Gray, Founding Partner, Boyden Gray & Associates
Geoffrey Parsons Miller, Stuyvesant P. Comfort Professor of Law and Director, Center for Financial Institutions, New York University School of Law
Neomi Rao, Director, Center for the Study of the Administrative State and Associate Professor of Law, Antonin Scalia Law School, George Mason University
Moderator: Brian Callanan, Staff Director and General Counsel, U.S. Senate Permanent Subcommittee on Investigations

Panel 4: Fintech and Financial Federalism

Jerry Brito, Executive Director, Coin Center
Kathryn Judge, Professor of Law, Columbia Law School
Heidi Mandanis Schooner, Professor of Law, The Catholic University of America Columbus School of Law
J.W. Verret, Associate Professor of Law, Antonin Scalia Law School, George Mason University
Moderator: Joseph Colangelo, President, Consumers’ Research

 

Needless to say, this conference should be very interesting.

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About Aaron Nielson

Professor Nielson is an associate professor at Brigham Young University Law School, where he teaches and writes in the areas of administrative law, civil procedure, federal courts, and antitrust. He currently serves as a public member of the Administrative Conference of the United States, a federal agency that studies the administrative process and makes recommendations on ways to improve it. He also co-chairs the Rulemaking Committee of the American Bar Association’s Section of Administrative Law & Regulatory Practice. Previously he chaired the Section's Antitrust & Trade Regulation Committee. Before joining the academy, Professor Nielson was a partner in the Washington, D.C. office of Kirkland & Ellis LLP (where he remains of counsel). He also has served as a law clerk to Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Follow him on Twitter @Aaron_L_Nielson.

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