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The Bounds of Executive Discretion in the Regulatory State

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The Bounds of Executive Discretion in the Regulatory State The Bounds of Executive Discretion in the Regulatory State https://www.pennlawreview.com/symposium/bios/ Navigation Main Registration Schedule Bios Resources Jean Galbraith is an Assistant Professor at the University of Pennsylvania Law School and a scholar of U.S. foreign relations law and public international law. Her work focuses on the allocation of legal authority among U.S. governmental actors and, at the international level, between domestic actors and international regimes. She has published in the Cornell Law Review, the Virginia Law Review, and numerous international law journals. 1 of 14 2/9/2016 12:16 PM The Bounds of Executive Discretion in the Regulatory State https://www.pennlawreview.com/symposium/bios/ Michael Gerhardt is Samuel Ashe Distinguished Professor of Constitutional Law. He is a nationally recognized expert on constitutional conflicts and has participated in the confirmation proceedings for five of the nine justices currently sitting on the Supreme Court, including most recently as Special Counsel to Chairman Patrick Leahy and the Senate Judiciary Committee on the nominations of Sonia Sotomayor and Elena Kagan to the Supreme Court. During President Clinton's impeachment proceedings, he testified as the only joint witness before the House of Representatives and served as CNN's full-time impeachment expert, and he has advised Democratic Senate leaders on the constitutionality of the filibuster since 2003. Besides testifying in a number of hearings before the House and Senate, Professor Gerhardt has published dozens of law review articles and five books, including leading treatises on the impeachment and appointments processes; “The Power of Precedent” (Oxford University Press 2008), which was selected by the University of North Carolina as the first recipient of its Van-Hecke Wettach Prize for outstanding book published by a faculty member; and “The Forgotten Presidents: Their Untold Constitutional Legacy” (Oxford University Press 2013), which The Financial Times selected as one of the best non-fiction books published in 2013 and which won the UNC Law School's award as the most outstanding book published by a faculty member in 2013. In 2015, the Library of Congress selected Professor Gerhardt as the first independent scholar in history to coordinate the updating of the official United States Annotated. Besides teaching his classes at UNC, Professor Gerhardt will be serving throughout the academic year 2015-16 as the Scholar in Residence at the University of Pennsylvania Law School and the National Constitution Center, where he is helping to review and coordinate its public programing and exhibitions. Professor Gerhardt received a B.A with honors from Yale University, an M.Sc. from the London School of Economics, and a JD with honors from the University of Chicago. Eric Posner is Kirkland and Ellis Distinguished Service Professor of Law, University of Chicago. His current research interests include financial regulation, international law, and constitutional law. His books include The Twilight of International Human Rights (Oxford, 2014); Economic Foundations of International Law (with Alan Sykes) (Harvard, 2013); Contract Law and Theory (Aspen, 2011); The Executive Unbound: After the Madisonian Republic (with Adrian Vermeule) (Oxford, 2011); Climate Change Justice (with David Weisbach) (Princeton, 2010); The Perils of Global Legalism (Chicago, 2009); Terror in the Balance: Security, Liberty and the Courts (with Adrian Vermeule) (Oxford, 2007); New Foundations of Cost-Benefit Analysis (with Matthew Adler) (Harvard, 2006); The Limits of International Law (with Jack Goldsmith) (Oxford, 2005); Law and Social Norms (Harvard, 2000); Chicago Lectures in Law and Economics (editor) (Foundation, 2000); Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives (editor, with Matthew Adler) (University of Chicago, 2001). He is cofounder of Collective Decision Engines LLC and the New 2 of 14 2/9/2016 12:16 PM The Bounds of Executive Discretion in the Regulatory State https://www.pennlawreview.com/symposium/bios/ Rambler Review; of counsel at Boies, Schiller & Flexner; and columnist at Slate magazine. He is a fellow of the American Academy of Arts and Sciences and a member of the American Law Institute. Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues. Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In this capacity, he was counsel to the Presidential Task Force on Regulatory Relief, and was instrumental in the enactment of the Clean Air Act Amendments of 1990 and the Energy Policy Act of 1992, as well as the development of a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy. Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. He was an adjunct professor at NYU Law School and is on the Board of Directors of the Atlantic Council and the European Institute. He earned his A.B. magna cum laude from Harvard and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court. Aziz Huq's teaching and research interests include constitutional law, criminal procedure, federal courts, and legislation. His scholarship concerns the interaction of constitutional design with individual rights and liberties. Two recent pieces have respectively garnered the AALS Junior Scholars Paper Competition Award in Criminal Law and been selected for the Harvard/Stanford/Yale Junior Faculty Forum. Before joining the Law School faculty, Prof. Huq worked as Associate Counsel and then 3 of 14 2/9/2016 12:16 PM The Bounds of Executive Discretion in the Regulatory State https://www.pennlawreview.com/symposium/bios/ Director of the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law, litigating cases in both the U.S. Courts of Appeals and the Supreme Court. He was also a Senior Consultant Analyst for the International Crisis Group, researching constitutional design and implementation in Pakistan, Nepal, Afghanistan, and Sri Lanka. He clerked for Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit and then for Justice Ruth Bader Ginsburg of the Supreme Court of the United States. He is also a 1996 summa cum laude graduate of the University of North Carolina at Chapel Hill, and a 2001 graduate of Columbia Law School, where he was awarded the John Ordronaux Prize. In 2015, Prof. Huq received the Graduating Students Award for Teaching Excellence. Kim Lane Scheppele is the Laurance S. Rockefeller Professor of Sociology and International Affairs in the Woodrow Wilson School and the University Center for Human Values at Princeton. From 2005-2015, she was Director of the Program in Law and Public Affairs there. Scheppele joined the Princeton faculty in 2005 after nearly a decade on the faculty of the University of Pennsylvania Law School, where she was the John J. O'Brien Professor of Comparative Law. Scheppele's work focuses on the intersection of constitutional and international law, particularly in constitutional systems under stress. After 1989, Scheppele studied the emergence of constitutional law in Hungary and Russia, living in both places for extended periods. After 9/11, Scheppele researched the effects of the international "war on terror" on constitutional protections around the world. Her many publications on both post-1989 constitutional transitions and on post-9/11 constitutional challenges have appeared in law reviews, social science journals and multiple languages. In the last two years, she has been a public commentator on the transformation of Hungary from a constitutional-democratic state to one that risks breaching constitutional principles of the European Union. Scheppele is an elected member of the International Academy of Comparative Law and in 2014 received the Law and Society Association's Kalven Prize for influential scholarship. 4 of 14 2/9/2016 12:16 PM The Bounds of Executive Discretion in the Regulatory State https://www.pennlawreview.com/symposium/bios/ Nicholas Bagley teaches and writes in the areas of administrative law, regulatory theory, and health law. Prior to joining the Law School faculty, he was an attorney with the appellate staff in the Civil Division at the U.S. Department of Justice, where he argued a dozen cases before the U.S. Courts of Appeals and acted as lead counsel in many more. Prof. Bagley also served as a law clerk to Justice John Paul Stevens of the U.S. Supreme Court and the Hon. David S. Tatel of the U.S. Court of Appeals. Prof. Bagley holds a BA in English from Yale University and received his JD, summa cum laude, from New York University School of Law. Before entering law school, he joined Teach For America and taught eighth-grade English at a public school in South Bronx. Prof. Bagley's work has appeared in the Harvard Law Review, the Columbia Law Review, the Georgetown Law Journal, the New England Journal of Medicine, and the Journal of Health Politics, Policy, and Law. His article, "Centralized Oversight of the Regulatory State," which he coauthored with Richard Revesz, was selected as the best article in the field in 2006 by the American Bar Association's Section on Administrative Law and Regulatory Practice.
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