Admin. Law Symposium

Is the Appointments Process Broken?
Insights from Practice, Process, and Theory

Held on February 6, 2015
8:45 AM–4:30 PM
Duke University School of Law

dljmini-page-001

Videos

Session 1, Part I – Appointment Delays (moderated by John de Figueiredo, Duke)

00:01 Introduction

7:40 “Shortening Vacancies” with Anne Joseph O’Connell & William Galston

51:20 “Effects of Senate Confirmation Delays in the Agencies” with Nina Mendelson & David Lewis

Session 1, Part II – Appointment Delays
00:01 Question & Answer Session


Session 2, Part I – Appointment Politics (moderated by Marin Levy, Duke)

00:01 “‘Advice and Consent’ in Historical Perspective” with Russell Weaver & Steven Friedland

Session 2, Part II – Appointment Politics

00:00 “Appointments, Innovation, and the Judicial-Political Divide” with Gillian Metzger & Stuart Benjamin

43:00 Audience question and answer session


Session 3 – Recess Appointments (moderated by Curtis Bradley, Duke)

00:01 “Transcending Formalism and Functionalism in Separation of Powers Analysis: Reframing the Appointments Power After Noel Canning” with Ronald Krotoszynski & Josh Chafetz

52:00 Audience question and answer session

1:52:10 Closing Remarks (with Paul Light)

Description

Duke Law Journal’s 45th Annual Administrative Law Symposium explored rising dysfunction within the federal appointments process. Among other topics, the symposium covered the increased political polarization of the Senate confirmation process, recent rulemaking changes eliminating the use of the filibuster for executive branch nominations and most federal judicial appointees, and the formalist and functionalist readings at work in the Supreme Court’s recent interpretation of the Recess Appointments Clause in NLRB v. Noel Canning.

The day began with a debate over the impact of long-unfilled vacancies on the federal appointments process, emphasizing the changes occasioned by the November, 2013 filibuster reform. This panel featured papers by Professors Anne Joseph O’Connell (Berkeley Law) and Nina Mendelson (Michigan Law), with commentary by William Galston (The Brookings Institute) and David Lewis (Vanderbilt Law School). In Session 2, the focus shifted to the historical development of the appointments process and role that politics continues to play, some would say increasingly, in its evolution. Session 2 featured papers by Professors Russell Weaver (Louis D. Brandeis School of Law) and Gillian Metzger (Columbia Law School), with commentary by Professors Steven Friedland (Elon Law) and Stuart Benjamin (Duke Law). In Session 3, the symposium addressed the Supreme Court’s 2014 Recess Appointments Clause decision in Noel Canning. Professor Ronald Krotoszynski (Alabama Law) presented his paper about the differing functionalist and formalist approaches of the justices, with commentary by Professor Josh Chafetz (Cornell Law School).

Each session was moderated by faculty members at Duke Law School. Professor John de Figueiredo moderated the first session on “appointment delays”; Professor Marin Levy moderated the second session on “appointment politics”; and Professor Curtis Bradley moderated the third and final panel on “recess appointments.”


Videos from previous Administrative Law Symposia can be found at the Duke Law Video Archive.


Admin. Law Symposium

Is the Appointments Process Broken?
Insights from Practice, Process, and Theory

Held on February 6, 2015
8:45 AM–4:30 PM
Duke University School of Law

dljmini-page-001

Videos

Session 1, Part I – Appointment Delays (moderated by John de Figueiredo, Duke)

00:01 Introduction

7:40 “Shortening Vacancies” with Anne Joseph O’Connell & William Galston

51:20 “Effects of Senate Confirmation Delays in the Agencies” with Nina Mendelson & David Lewis

Session 1, Part II – Appointment Delays
00:01 Question & Answer Session


Session 2, Part I – Appointment Politics (moderated by Marin Levy, Duke)

00:01 “‘Advice and Consent’ in Historical Perspective” with Russell Weaver & Steven Friedland

Session 2, Part II – Appointment Politics

00:00 “Appointments, Innovation, and the Judicial-Political Divide” with Gillian Metzger & Stuart Benjamin

43:00 Audience question and answer session


Session 3 – Recess Appointments (moderated by Curtis Bradley, Duke)

00:01 “Transcending Formalism and Functionalism in Separation of Powers Analysis: Reframing the Appointments Power After Noel Canning” with Ronald Krotoszynski & Josh Chafetz

52:00 Audience question and answer session

1:52:10 Closing Remarks (with Paul Light)

Description

Duke Law Journal’s 45th Annual Administrative Law Symposium explored rising dysfunction within the federal appointments process. Among other topics, the symposium covered the increased political polarization of the Senate confirmation process, recent rulemaking changes eliminating the use of the filibuster for executive branch nominations and most federal judicial appointees, and the formalist and functionalist readings at work in the Supreme Court’s recent interpretation of the Recess Appointments Clause in NLRB v. Noel Canning.

The day began with a debate over the impact of long-unfilled vacancies on the federal appointments process, emphasizing the changes occasioned by the November, 2013 filibuster reform. This panel featured papers by Professors Anne Joseph O’Connell (Berkeley Law) and Nina Mendelson (Michigan Law), with commentary by William Galston (The Brookings Institute) and David Lewis (Vanderbilt Law School). In Session 2, the focus shifted to the historical development of the appointments process and role that politics continues to play, some would say increasingly, in its evolution. Session 2 featured papers by Professors Russell Weaver (Louis D. Brandeis School of Law) and Gillian Metzger (Columbia Law School), with commentary by Professors Steven Friedland (Elon Law) and Stuart Benjamin (Duke Law). In Session 3, the symposium addressed the Supreme Court’s 2014 Recess Appointments Clause decision in Noel Canning. Professor Ronald Krotoszynski (Alabama Law) presented his paper about the differing functionalist and formalist approaches of the justices, with commentary by Professor Josh Chafetz (Cornell Law School).

Each session was moderated by faculty members at Duke Law School. Professor John de Figueiredo moderated the first session on “appointment delays”; Professor Marin Levy moderated the second session on “appointment politics”; and Professor Curtis Bradley moderated the third and final panel on “recess appointments.”


Videos from previous Administrative Law Symposia can be found at the Duke Law Video Archive.