Fasken Martineau Classroom (122)
Topic: American Administrative Law in the Age of Donald Trump
Speaker: Professor Peter Strauss, Columbia Law School
America has a new President, and one can say – because his Republican party also controls both houses of the American Congress – it has a new government. The future appears to hold significant possibilities of rebalancing the relationships of our Congress, President and Court, among themselves and to the administrative bodies responsible for domestic government’s daily work. President Trump, reflecting his campaign rhetoric, has issued executive order after executive order during his first ten days in office embodying the views both that he is in charge, and that regulation has been excessive. His authoritarian stance builds on an attitude towards the presidency that has been steadily growing at least since President Richard Nixon’s incumbency -- that the President is not just responsible to oversee, but is entitled to command the work of executive government. Administrative law inevitably straddles the worlds of politics and law; Professor Strauss's talk, informed by events occurring after writing this abstract, will explore their evolving balance.
Peter L. Strauss, the Betts Professor of Law at Columbia Law School (A.B. Harvard College, LL.B. Yale), is a widely published, leading scholar of American administrative law, and senior author of its most enduring teaching materials. His scholarly writings have tended to focus on structural issues in American government, and the American process for creating regulations, as well as issues of statutory interpretation. Among his awards, Professor Strauss is a life member of the American Law Institute, and was elected in 2010 to the American Academy of Arts & Sciences. In 2015, his faculty honored him with a festschrift, since published in Volume 115 of its Law Review. Throughout his career, Professor Strauss's work has often sought to explain American administrative law to lawyers and law students in other legal systems, as in his most recent book, Administrative Justice in the United States (3d ed. 2016). He has lectured and served as a visiting scholar at universities across Europe, North and South America, South and East Asia, the Antipodes, and Africa.