PANEL 1: INSTITUTIONAL COMPETENCY BETWEEN THE COURTS AND AGENCIES
Courts and bureaucratic agencies are institutions with often-overlapping jurisdiction. They both, for instance, respond to concerns about unsafe food, medicines, and other products. Yet, they do so in fundamentally different ways. What are the advantages and disadvantages of each approach? Recognizing the comparative strengths and weaknesses of each institution provides a better sense of when agency preemption is normatively appealing. Finally, courts also play a role in overseeing agency decisions, which could raise particular concerns when implicating preemption.
Crystal Eastman Professor of Law, New York University School of Law
Professor, Vanderbilt University Law School
Director, Cecil D. Branstetter Litigation & Dispute Resolution Program
Simeon E. Baldwin Professor of Law, Yale Law School
Professor, Fordham University School of Law
Patricia A. Dore Professor of Administrative Law, Florida State University College of Law