University of Notre Dame

Symposium

The Notre Dame Law Review has a long tradition of hosting symposia that bring together well-respected and diverse speakers around a variety of timely and thought-provoking legal topics. Held each fall semester, the annual Symposium provides an environment for intellectual engagement and an opportunity to wrestle with pressing legal issues. Traditionally, each participant will publish an article in the Law Review’s annual Symposium issue.

Volume 93 Symposium

On Friday, November 10, 2017 Volume 93 of the Notre Dame Law Review will host its annual Symposium in the Patrick F. McCartan Courtroom. This year’s Symposium is titled Administrative Lawmaking in the 21st Century.

The Symposium will look forward to the future with respect to administrative law.  Panels of leading academics and distinguished practitioners will reflect on the fact that we are arguably at a crossroads in how we make regulatory law and policy — and address, among other issues, the effect this has on how we design and staff administrative agencies, Chevron Step Two’s domain, nonenforcement of the law, and the meaning of provisions limiting presidential removal of administrative officers.

This year’s keynote speaker is the Hon. Judge Thomas M. Hardiman of the United States Court of Appeals for the Third Circuit. Judge Hardiman was appointed to the U.S. District Court for the Western District of Pennsylvania in 2003 by President George W. Bush. In 2007, President George W. Bush nominated him to the U.S. Court of Appeals for the Third Circuit. Judge Hardiman will offer a judge’s perspective on administrative lawmaking in the United States and reflect on the topics addressed by the Symposium contributors.

The Symposium also brings together a distinguished group of administrative law scholars and practitioners who will present their papers on the present state and future of administrative law, followed by a moderator led discussion.

After the Symposium, the Law Review will host a reception for invited guests.

Practitioners can earn 5 CLE credits for attending the Symposium. The CLE credits are approved for Indiana and Illinois. Any practitioner from other jurisdictions seeking CLE credits can reach out to Symposium Editor Shelby Compton (Shelby.L.Compton.11@nd.edu), who can assist getting credits approved. To register for CLE, please sign up here.

 

Schedule of Events

Friday, November 10, 2017

  • All Panel Events Hosted in the Patrick F. McCartan Courtroom

9:00AM – 10:00AM – Keynote Address

  • Judge Thomas M. Hardiman, United States Court of Appeals for the Third Circuit

10:15AM – 11:45AM: Panel One

  • Kristin Hickman, University of Minnesota Law School
    • Writing on “Symbolism and Separation of Powers in Agency Design”
  • Jack M. Beermann, Boston University School of Law
    • Writing on “The Never Ending Assault on the Administrative State”
  • Aditya Bamzai, University of Virginia School of Law
    • Writing on Myers and the presidential appointment of judges
  • Moderated by Jeffrey Pojanowski, Notre Dame Law School

11:45AM-12:45AM: Lunch

12:45PM – 2:15PM: Panel Two

  • Adam White, Hoover Institution, Stanford University
    • Writing on “Administrativ Law’s Trump Card?”
  • Chris Walker, Ohio State University Moritz College of Law
    • Writing onChevron Step Two’s Domain”
  • Kent Barnett, University of Georgia School of Law
    • Writing onChevron Step Two’s Domain”
  • Sharmila Sohoni, University of San Diego School of Law
    • Writing on King’s Domain”
  • Moderated by Patricia Bellia, Notre Dame Law School

2:15PM – 3:45PM: Panel Three

  • Aaron Nielson, Brigham Young University Law School
    • Writing on “How Agencies Choose Whether to Enforce the Law”
  • Urska Velikonja, Georgetown University Law Center
    • Writing on enforcement actions in the Trump presidency
  • Jon D. Michaels, UCLA School of Law
    • Writing on “Deepening the Deep State”
  • Moderated by John Nagle, Notre Dame Law School

3:45PM – Reception

 

Past Symposium topics and participants have included:

Negotiating IP’s Boundaries in an Evolving WorldSymposium 2016–2017

On November 11, 2016 the Notre Dame Law Review hosted its annual symposium. The event examined the increasing prevalence of overlapping intellectual property rights. Panels of leading academics and distinguished practitioners addressed, among other issues, how the domains of various forms of intellectual property are defined, how claiming identifies the boundaries of particular inventions or works and impacts the extent of overlap, the relationship between administrative procedures and civil litigation, and the role of territoriality in protection and enforcement.  Participants included Professors Mark P. McKenna, Lucas S. Osborn, Pamela Samuelson, Rebeca L. Tushnet, Laura G. Pedraza-Fariña, W. Nicholson Price II, Arti K. Rai, Graeme B. Dinwoodie, Timothy R. Holbrook, Mark A. Lemley, and practitioner Perry Saidman. The panels were moderated by professors Joseph P. Bauer and Joanne Clifford, and Shubham Mukherjee of Whirlpool Corporation. Judge David W. McKeague of the United States Court of Appeals for the Sixth Circuit gave the keynote address.

Religious Liberty and the Free Society: Celebrating the 50th Anniversary of Dignitatis Humanae, Symposium 2015–2016

On November 5 and 6, 2015 the Notre Dame Law Review hosted its annual Symposium.The event celebrated and examined the 50th Anniversary of the Second Vatican Council’s Declaration on Religious Freedom and was part of the 2015-16 Notre Dame Forum.  Participants included Professors Thomas Berg, Paul Horwitz, Mark Movsesian, Christopher Lund, Marc DeGirolami, Brett Scharffs, Steven Smith, Anna Su, Phillip Muñoz, and Richard Garnett.  The panels were moderated by Judge Richard Sullivan of the Southern District of New York.  Bishop Daniel E. Flores of Brownsville, Texas gave the soporific opening address and John H. Garvey, President of The Catholic University of America, gave the keynote address.

 

The Treaty Power After Bond v. United States: Interpretative and Constitutional Constraints, Symposium 2014–2015

On November 14, 2014 the Notre Dame Law Review, in conjunction with the Notre Dame Program on Constitutional Structure, hosted its annual Symposium, titled The Treaty Power After Bond v. United States: Interpretative and Constitutional Constraints. Participants included Duncan Hollis, Saikrishna Prakash, Michael Ramsey, Julian Ku, David Sloss, Paul Stephan, Roger Alford, Edward Swaine, and Ingrid Wuerth. Mr. Paul D. Clement, partner at Bancroft PLLC, former Solicitor General of the United States, and lead counsel for Carol Bond before the Supreme Court gave the Symposium’s keynote address.

 

The Evolution of Theory: Discerning the Catalysts of Constitutional Change, Symposium 2013–2014

The Symposium delved into the factors of constitutional doctrinal shifts. It focused on the question of whether the evolution of constitutional theory is driven by external pressures—such as economics, politics, culture, and social movements—or by an internal dialogue about constitutional meaning. Presenters looked to shed light on this question by exploring the most salient points of constitutional development and change in the 20th century. Participants included David Bernstein, Barry Cushman, Samuel Olken, Lucas Powe, Brad Snyder, Ryan Williams, Kurt Lash, Stephen Sachs, Keith Whittington, and Judge Brett Kavanaugh, of the United States Court of Appeals for the District of Columbia Circuit, gave the Symposium’s keynote address.

 

The American Congress: Legal Implications of Gridlock, Symposium 2012–2013

The Symposium focused broadly on congressional gridlock, exploring various aspects of the issue from partisanship and civility to the utilization of the appropriations process to legislate. These and other facets of the topic were discussed against the backdrop of the 2012 election and current congressional inaction. Participants included Professors Josh Chafetz, Barry Cushman, Michael Gerhardt, Gerard Magliocca, Rebecca Kysar, John C. Roberts, Carl Tobias, George K. Yin, John Nagle, Michael Teter, Franita Tolson, and Sandra Zellmer. Former United States Congressman Thomas Allen gave the keynote address.

 

Educational Innovation and the Law, Symposium 2011–2012

The Symposium considered a wide range of legal issues related to education, including the education gap, school choice, charter schools, labor issues, and the effect of the current state and local fiscal crisis on public education. Two panels of legal scholars presented and discussed issues surrounding educational innovation and the law. Participants included Professors Michael Heise, Nicole Garnett, Jim Dwyer, Roderick Hills, Joseph Viteritti, Andrea Matwyshyn, Rosemary Salomone, Lia Epperson, and Peter Schuck. New Jersey Governor Chris Christie gave the keynote address.

 

Creativity and the Law, Symposium 2010–2011

The Symposium was dedicated to the relationship and role of the law in cultivating, focusing, and defending creativity. It considered a range of interdisciplinary questions such as, “What is creativity, and how does it map onto legal concepts like originality, novelty, or non-obviousness?” and inquired into the functionality of law, particularly intellectual property, in promoting creative enterprises. The Symposium brought together experts from several fields, including Rebecca Tushnet, Michael Madison, Funmi Arewa, Roberta Rosenthal Kwall, Gregory Mandel, Jessica Silbey, David Galenson, Mario Biagioli, Sean Seymore, Jeanne Fromer, Abraham Drassinower, and Keith Sawyer.