Presidential and Judicial Oversight of Administrative Agencies

April 27, 2012

Organizers: Professors John de Figueiredo and Arti Rai

The Conference on "Presidential and Judicial Oversight of Administrative Agencies" is designed to explore advances in the academic literature at the intersection of social science, law, and doctrine that can meaningfully be applied to executive and judicial decision-making. The conference brings together the country's leading academic minds, influential federal judges, and respected policy-makers to engage in a discussion of topics that are of mutual interest to both the theory and practice of law. By integrating the three perspectives, the goal is to have practice better inform theory and theory better inform practice.

7:30a to 8:30a
Registration and Continental Breakfast (for participants only)
8:30a to 10:00a
Panel 1: Presidential Oversight of Administrative Agencies

Chair: Stuart Benjamin, Duke University

Paper Presenter: Charles Cameron, Princeton University
Paper Discussant: John Graham, Indiana University
Paper Presenter: Lisa Bressman, Vanderbilt University
Paper Presenter: Adrian Vermeule, Harvard University
Paper Discussant: Jonathan Wiener, Duke University
Panel Discussant: Judge Jay Plager, Court of Appeals for the Federal Circuit

Open Discussion

10:15a to 12:00p
Panel 2: Judicial Oversight of Administrative Agencies

Chair: Christopher Schroeder, Duke University

Paper Presenter: William Eskridge, Yale University
Paper Discussant: Matt Stephenson, Harvard University
Paper Presenter: Thomas Merrill, Columbia University
Paper Discussant: Matt Adler, University of Pennsylvania and Duke University
Panel Discussant: Judge Stephen Williams, D.C. Circuit Court of Appeals

Open Discussion12:00 to 1:15p

Lunch, Duke Law School
1:15p to 2:35p
Panel 3: Formal Analyses of Political and Judicial Oversight of Agencies

Chair: Jack Knight, Duke University

Round Table Question: What is the role and value of formal modeling and statistical analysis to policymakers and judges in designing and evaluating presidential and judicial control of administrative agencies?

Anne Joseph O’Connell, University of California, Berkeley
Jake Gersen, Harvard University
Margaret Lemos, Duke University
John de Figueiredo, Duke University

Open Discussion

2:50p to 4:40p
Panel 4: Judicial Oversight in Patents and Antitrust

Chair: Barak Richman, Duke University


Paper Presenter: Jonathan Masur, University of Chicago
Paper Discussant: Arti Rai, Duke University
Panel Discussant: James Smith, USPTO
Panel Discussant: Ray Chen, USPTO
Panel Discussant: Judge Kathleen O'Malley, Court of Appeals for the Federal Circuit

Paper Presenter: Scott Hemphill, Columbia University
Paper Discussant: Einer Elhauge, Harvard University
Paper Discussant: Howard Shelanski, Georgetown University
Panel Discussant: Judge Diane Wood, Seventh Circuit Court of Appeals

Open Discussion

4:40p to 4:45p

The conference will end at 4:45 p.m. and transportation to RDU International Airport will be provided departing Duke Law at 5 p.m. and arriving at RDU at approximately 5:30 p.m.