The Rule of Law and the Administrative State 3-2-12




Federalist Society Event Audio show

Summary: The rule of law, whatever that term describes, is one of the central concepts in Anglo-American jurisprudence. Does the administrative state, either in its operation or in the legal moves necessary for its validation, undermine or support the rule of law? Does modern governmental administration, and modern conditions of life, require some redefinition of the rule of law? Is there a relationship between the rule of law and the separation of powers, and if so, how does the administrative state affect that relationship? This panel, in short, will explore how the administrative state relates to fundamental jurisprudential principles. Featuring Prof. David Barron of Harvard Law School, Prof. Richard Epstein of New York University School of Law, Judge Brett Kavanaugh of the U.S. Court of Appeals for the DC Circuit, Prof. Peter Shane of The Ohio State University Law School, and Judge Carlos Bea of the U.S. Court of Appeals for the Ninth Circuit as the moderator. Introductory remarks by Dean Larry Kramer of Stanford Law School with introductions by Mr. Ilan Wurman and Mr. Michael Reynolds, Co-Chairs of the 2012 Annual Student Symposium.