Your Agency Is Not That Special: The Decline of Administrative Law Exceptionalism

by Christopher J. Walker — Monday, Dec. 5, 2016@chris_j_walker

As I blogged about in November, this Thursday and Friday in Washington, DC, is the annual ABA Administrative Law Conference. This is an absolute must-attend conference for adlaw nerds, scholars, and practitioners. You can register and get the full schedule here.

On Thursday afternoon from 3:00PM-4:30PM, I’ll be moderating a terrific panel on administrative law exceptionalism. Here’s the description of our panel:

Administrative law exceptionalism—the misperception that a particular regulatory field is so different from the rest of the regulatory state that general administrative law principles do not apply—has plagued the modern regulatory state. We have seen it front in center in a variety of regulatory contexts from tax and financial regulation to patent law and immigration. This panel brings together the leading experts on administrative law exceptionalism from immigration, patent law, and tax—along with a senior attorney from the Justice Department’s Civil Appellate Staff who has briefed and argued many of these issues—to share their insights on the current state of administrative law exceptionalism. The panel will focus both on case studies in these regulatory areas as well as more broadly on the costs and benefits of administrative law exceptionalism.

The panelists are Jill Family (a leading voice on immigration exceptionalism who organized the AALS/JREG symposium on the topic last February), Kristin Hickman (a scholar who has spent nearly a decade calling for the reconsideration of tax exceptionalism), and Melissa Wasserman (a leading voice on IP exceptionalism who organized the terrific Duke Law Journal symposium earlier this year on patent exceptionalism.  Mark Freeman, a senior attorney on the Justice Department’s Civil Appellate Staff, will also participate and reflect on the topic from the perspective of having briefed and argued cases touching on administrative law exceptionalism in a broad variety of regulatory contexts.

I hope you’ll join us for the discussion!

Cite As: Author Name, Title, 36 Yale J. on Reg.: Notice & Comment (date), URL.

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About Christopher J. 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 California Law Review, Michigan 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 as Chair-Elect of the American Bar Association’s Section on Administrative Law and Regulatory Practice. He blogs regularly at the Yale Journal on Regulation.

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