“Dear Colleague”/Guidance Letters, Consent Decrees, and other administrative law innovations - 1-6-2017

Summary: This panel will discuss administrative agencies’ increasing use of devices such as guidance letters, consent decrees, and Notices of Proposed Rulemaking (instead of final rules or adjudications issued with APA procedural protections) as mechanisms for setting major policies that may be effectively binding on private parties. -- This panel was held on January 6, 2017 during the 19th Annual Faculty Conference in San Francisco, CA. -- Panel: “Dear Colleague”/Guidance Letters, Consent Decrees, and other administrative law innovations -- Prof. Richard Epstein, New York University School of Law; Prof. Gail Heriot, University San Diego School of Law; Prof. Richard Pierce, The George Washington University Law School; and Prof. Aaron Saiger, Fordham University School of Law. Moderator: Hon. Michael W. McConnell, Stanford Law School.