The Past and Future of Judicial Deference: A Scholarly Examination (Co-Sponsored by Notice & Comment)

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

If you are in Washington, D.C. next week, you should attend the ABA Section on Administrative Law & Regulatory Practice’s annual administrative law conference. It will be on December 8 and 9th. The relevant information can be found at this link. I went last year and it was a lot of fun — if “fun” means it was a great place to learn new things about administrative law (and really, that is what fun should mean).

I’m also pleased to announce a special panel that will be held at the conference: The Past and Future of Judicial Deference: A Scholarly Examination (Co-Sponsored by Notice & Comment).

The Notice & Comment blog has put together a panel of scholars to discuss deference. Emily Hammond will moderate, and I will be a panelist along with Aditya Bamzai, Kent Barnett, and Lisa Heinzerling. The panel will take place next Thursday, December 8, at 9 am.

Here is the summary:

It is no secret that the Supreme Court in recent years has increasingly focused on the nature and scope of deference. This panel will explore the latest scholarship on these issues, with a focus on the lost history of deference to the Executive Branch, a new empirical examination of how deference is applied in courts throughout the United States, and the potential future of Chevron and Seminole Rock deference.

We hope to see you there. It should be a lot of “fun.”

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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.

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

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