Regulation or “Don’t Let a Good Crisis Go to Waste”
Jun 17, 2020 ·
1h 42m 7s
The fifth panel of the Federalist Society's COVID-19 & the Law Conference discussed "Regulation or 'Don't Let a Good Crisis Go to Waste'". The panel took place via teleconference on...
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The fifth panel of the Federalist Society's COVID-19 & the Law Conference discussed "Regulation or 'Don't Let a Good Crisis Go to Waste'". The panel took place via teleconference on Friday, June 12, 2020.
During this crisis government has assumed new powers that no one would claim it has except in an emergency. Will government cease exercising all these powers when the emergency passes? Historically government has almost always increased its power during crisis and then kept some of that power afterward. Will people try to invoke COVID-19 powers to address other pressing issues, such as drugs, climate change, crime, terrorism etc, on the ground that these too are very serious problems? On the flip side, there are also regulations that have been lifted. Should they remain lifted in some situations? FDA approvals: tests (restricting to CDC), drugs, devices, PPE? Occupational licensing/Practice of medicine across state lines. Some government contracting rules? What regulatory obstacles are still proving to be an issue? (e.g. food supply questions) Would a new BRAC commission make sense for this purpose? In general, to what extent does it make sense to reason – in either a pro-regulatory or deregulatory fashion -- from crisis situations to general notions of governmental role?
Featuring:
Prof. Sally Katzen, Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Dr. Roger D. Klein, Faculty Fellow, Center for Law, Science & Innovation, Sandra Day O'Connor College of Law, Arizona State University
Prof. Erika Lietzan, Associate Professor of Law, Center for Intellectual Property and Entrepreneurship, University of Missouri School of Law
Prof. Paul G. Mahoney, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Prof. Cass Sunstein, Robert Walmsley University Professor, Harvard Law School
Moderator: Prof. Susan E. Dudley, Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
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During this crisis government has assumed new powers that no one would claim it has except in an emergency. Will government cease exercising all these powers when the emergency passes? Historically government has almost always increased its power during crisis and then kept some of that power afterward. Will people try to invoke COVID-19 powers to address other pressing issues, such as drugs, climate change, crime, terrorism etc, on the ground that these too are very serious problems? On the flip side, there are also regulations that have been lifted. Should they remain lifted in some situations? FDA approvals: tests (restricting to CDC), drugs, devices, PPE? Occupational licensing/Practice of medicine across state lines. Some government contracting rules? What regulatory obstacles are still proving to be an issue? (e.g. food supply questions) Would a new BRAC commission make sense for this purpose? In general, to what extent does it make sense to reason – in either a pro-regulatory or deregulatory fashion -- from crisis situations to general notions of governmental role?
Featuring:
Prof. Sally Katzen, Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law
Dr. Roger D. Klein, Faculty Fellow, Center for Law, Science & Innovation, Sandra Day O'Connor College of Law, Arizona State University
Prof. Erika Lietzan, Associate Professor of Law, Center for Intellectual Property and Entrepreneurship, University of Missouri School of Law
Prof. Paul G. Mahoney, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Prof. Cass Sunstein, Robert Walmsley University Professor, Harvard Law School
Moderator: Prof. Susan E. Dudley, Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
*******
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
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