On October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought together jurists, legal academics and practitioners, including many of the Justice’s former clerks, where we discussed his jurisprudence and impact on the Court over the past three decades. The first panel focused on the structural constitution, including the concepts of federalism and the separation of powers. It included a discussion featuring: William Pryor Jr., Chief Judge of the U.S. Court of Appeals for the Eleventh Circuit; Edith Jones, Circuit Judge of the U.S. Court of Appeals for the Fifth Circuit; Neomi Rao, Gray Center Founder and Circuit Judge of the U.S. Court of Appeals for the District of Columbia Circuit, and Thomas Hardiman, Circuit Judge of the U.S. Court of Appeals for the Third Circuit. It was moderated by John Yoo, Professor of Law at UC Berkeley School of Law. This episode features The Honorable Thomas M. Hardiman, The Honorable Edith H. Jones, The Honorable William H. Pryor, Jr., The Honorable Neomi Rao, and John Yoo. 

Arbitrary & Capricious

Safeguarding the Structural Constitution: Federalism and the Separation of Powers (Justice Thomas’s Thirty-Year Legacy on the Court)

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The fourth and final panel featured two authors of recent books on presidential power: Saikrishna Prakash, author of The Living Presidency: An Originalist Argument against Its Ever-Expanding Powers, and John Yoo, author of Defender in Chief: Donald Trump’s Fight for Presidential Power. They were joined by University of Michigan Professor of Law Julian Mortenson. The session was moderated by the Gray Center’s Co-Executive Director Jennifer Mascott. This episode features Jennifer Mascott, Julian Mortenson, Saikrishna Prakash, and John Yoo.

The Constitutional Presidency: Two New Books (Presidential Administration in a Polarized Era)

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The third panel analyzed current issues in presidential administration and executive power. It included a discussion featuring The Wharton School of the University of Pennsylvania’s Brian Feinstein, University of California Hastings College of the Law’s Zachary Price, and Arizona State University’s Bijal Shah, which was moderated by The Ohio State University’s Christopher Walker. Brian Feinstein’s working paper, co-authored with Abby Wood of the University of Southern California Gould School of Law, is available here: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Feinstein-Wood-Divided-Agencies.pdf Zachary Price’s working paper is available here: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Price-Faithful-Execution-in-the-Federal-Government-and-the-Fifty-States.pdf Bijal Shah’s working paper is available here: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Shah-The-Purpose-of-Presidential-Administration.pdf This episode features Brian D. Feinstein, Zachary S. Price, Bijal Shah, and Christopher J. Walker.

Current Issues in Presidential Administration & Executive Power

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. D.C. Circuit Judge and Gray Center Founder Neomi Rao sat down with Gray Center Co-Executive Director Jennifer Mascott for a conversation about her career, the administrative state, and the creation of the Gray Center. This episode features Jennifer Mascott and The Honorable Neomi Rao.

Conversation with D.C. Circuit Judge Neomi Rao, Hosted by Jennifer Mascott (Presidential Administration in a Polarized Era)

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The second panel looked at Kagan’s landmark piece, “Presidential Administration,” after 20 years and its impact. It included a discussion featuring Columbia Law School’s Ashraf Ahmed, University of Minnesota’s Kristin Hickman, and Rutgers Law School’s Kathryn Kovacs, which was moderated by the Gray Center’s Co-Executive Director Adam White. Ashraf Ahmed’s working paper, co-authored with Columbia Law School’s Lev Menand, and New York University School of Law’s Noah Rosenblum, is available here: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Ahmed-Menand-Rosenblum-The-Tragedy-of-Presidential-Administration.pdf Kathryn Kovacs’s working paper is available here: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Kovacs-From-Presidential-Administration-to-Bureaucratic-Dictatorship.pdf This episode features Ashraf Ahmed, Kristin E. Hickman, Kathryn E. Kovacs, and Adam White.

Kagan’s “Presidential Administration” After 20 Years (Presidential Administration in a Polarized Era)

On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s landmark published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The first panel was introduced by Gray Center Co-Executive Director Adam White and The Ohio State University’s John W. Bricker Professor of Law, Christopher Walker, and it focused on presidential administration and political polarization. It included a discussion featuring The George Washington University Law School’s Richard Pierce, Jr., Michael Rappaport of the University of San Diego School of Law’s Center for the Study of Constitutional Originalism, and Vanderbilt University Law School’s Kevin Stack, which was moderated by the Center for Strategic and International Studies’s Melanie Marlowe. Michael Rappaport’s working paper, co-authored with Northwestern University’s John O. McGinnis, is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/McGinnis-Rappaport-Presidential-Polarization.pdf Kevin Stack’s working paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Stack-Partisan-Administration.pdf This episode features Melanie M. Marlowe, Richard J. Pierce Jr., Michael B. Rappaport, Kevin M. Stack, Christopher J. Walker, and Adam White.

Presidential Administration & Political Polarization

On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Decatur House in Washington, D.C., and followed by a reception where we were all able to continue the conversation. Keynote remarks for the symposium were offered by Judge Williams’s colleague, Judge Douglas Ginsburg, who was introduced by Adam White. Judge Ginsburg originally created this symposium with Professor Michael Greve and former Scalia Law School Dean Henry Butler. This episode features Judge Douglas H. Ginsburg and Adam White.

Keynote Address (Memorial Symposium for Judge Stephen F. Williams)

On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Decatur House in Washington, D.C., and followed by a reception where we were all able to continue the conversation. The second panel looked at Judge Williams’s contributions in areas related to the American Constitution and liberal democracy. It featured a panel discussion of new research papers by Antonin Scalia Law School’s Michael Greve, Harvard Law School’s Stephen Sachs, and Nathaniel Zelinsky of Hogan Lovells LLP, and was moderated by Gray Center Co-Executive Director Adam White. Michael Greve’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Greve-So-Close-And-Yet-So-Far-Away.pdf Stephen Sachs’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Sachs-Law-Within-Limits.pdf Nathaniel Zelinsky’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Zelinsky-Stephen-F-Williams-on-Liberalism.pdf This episode features Michael Greve, Stephen Sachs, Adam White, and Nathaniel Zelinsky.

Judge Williams on the American Constitution and Liberal Democracy (Memorial Symposium for Judge Stephen F. Williams)

On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Decatur House in Washington, D.C., and followed by a reception where we were all able to continue the conversation. The first panel was introduced by Adam White and focused on Judge Williams’s work on administrative law and regulatory policy. It featured a panel discussion of new research papers by Ambassador C. Boyden Gray of Boyden Gray & Associates PLLC, Columbia Law School’s Thomas Merrill, and Lewis & Clark Law School’s James Huffman, which was moderated by Gray Center Co-Executive Director, Jennifer Mascott. Ambassador C. Boyden Gray’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Gray-Judge-Stephen-F-Williams-and-the-Underestimated-History-of-the-Non-Delegation-Doctrine.pdf Thomas Merrill’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Merrill-Judge-Williams-on-Administrative-Law.pdf James Huffman’s paper is available at: https://administrativestate.gmu.edu/wp-content/uploads/sites/29/2021/09/Huffman-Judge-Stephen-Williams-Environmental-Jurisprudence.pdf This episode features C. Boyden Gray, James L. Huffman, Jennifer Mascott, Thomas W. Merrill, and Adam White.

Judge Williams on Administrative Law and Regulatory Policy (Memorial Symposium for Judge Stephen F. Williams)

The C. Boyden Gray Center for the Administrative State, at George Mason University’s Antonin Scalia Law School, supports research and debate on the modern administrative state, and the constitutional issues surrounding it. In this podcast, we’ll discuss some of the questions being debated around modern administration — some new questions, some timeless ones. And you can also get the audio from Gray Center events.

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Arbitrary & Capricious

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