The Impact of Recent Supreme Court Decisions on Administrative Law, Preemption, and the Regulatory State

Originally held on Monday, October 21, 2019 | 6:00 p.m. – 8:00 p.m.

Program Chair:

Chris DiAngelo
Katten Muchin Rosenman LLP

  • The Supreme Court had an unusually busy docket of administrative law cases during the last term, and this program will address the impact of those decisions. The program should be of interest to any attorneys who are asked to interpret federal regulations and other forms of guidance issued by federal agencies. The program will also discuss Constitutional Law issues such as preemption, the governance structure of the FHFA and the CFPB, and the future of the regulatory state.

    OnDemand: $89 for Members | $189 for Nonmembers
    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Gillian Metzger
    Stanley H. Fuld Professor of Law
    Faculty Director, Center for Constitutional Governance
    Columbia Law School
    David Noll
    Professor of Law
    Rutgers Law School
    Catherine M. Sharkey
    Crystal Eastman Professor of Law
    New York University School of Law
    Daniel M. Sullivan
    Holwell Shuster & Goldberg LLP
    Jeremy Zenilman
    Academic Group
    Claims Department

  • <tdIntroduction
    Chris DiAngelo & Jeremy Zenilman

    6:00 p.m. – 6:10 p.m.
    6:10 p.m. – 6:45 p.m. Kisor v. Wilkie
    Gillian Metzger

    • An amendment and restatement of the Auer doctrine?
    • Can Congress legislate how courts are to review regulatory actions?
    • How far apart are the current Justices?
    6:45 p.m. – 7:10 p.m. Gundy v. Unites States
    Daniel Sullivan

    • Scope of the Non-Delegation Doctrine and Schechter Poultry
    7:10 p.m. – 7:30 p.m. Dept. of Commerce v. New York
    Catherine Sharkey

    • Need for agencies to disclose the basis of their actions
    7:30 p.m. – 7:50 p.m. Looking Ahead
    David Noll

    • What these cases mean for practitioners
      • Interpreting agency actions
      • Soliciting agency guidance
    • Chevron?
    7:50 p.m. – 8:00 p.m. Questions

  • CLE Credit
    New York:
    2.0 Professional Practice
    New Jersey:
     2.2 General
    California:
    1.5 General
    Pennsylvania:
     1.5 General

  • Sponsoring Association Committees:
    Administrative Law, Jeremy Zenilman, Chair
    Structured Finance, Christopher J. DiAngelo, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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