Program on Constitutional Structure Hosts Conference, "The Common Law in an Age of Regulation"

Author: Denise Wager

Common Law in Age of Regulation Conference, Program on Constitutional Structure, Notre Dame Law School

The Program on Constitutional Structure hosted a conference, “The Common Law in an Age of Regulation," on February 6, 2015, at the Notre Dame London Law Centre.  The world’s legal systems that claim the common law as their heritage operate today in an age of increasing statutory and administrative regulation. The conference gathered scholars from Australia, Canada, Ireland, Italy, New Zealand, the United Kingdom, and the United States for a thought-provoking discussion of six papers that all address the role the common law can play in an age of modern governance and the inherent challenges regulation brings.

Professor Jeff Pojanowski, who organized the conference, considered it a success. “In an era of increasing academic specialization, it was refreshing and exciting to see scholars from such varied backgrounds and research interests convene and learn from each other. The fascinating conversations we had are a great testament to our participants’ depth of learning and intellectual curiosity.”

Common Law in Age of Regulation Conference, Program on Constitutional Structure, Notre Dame Law School

“The relationship between common law and enacted law has long raised foundational questions of constitutional law,” said Professor A.J. Bellia, who directs the Program on Constitutional Structure and participated in the conference.  “It was a privilege to exchange ideas about these questions with leading scholars from a range of nations that face them.”

Common Law in Age of Regulation Conference, Program on Constitutional Structure, Notre Dame Law Schoo
NDLS Participants: Barry Cushman, A.J. Bellia, Jeff Pojanowski, Amy Coney Barrett, and Randy Kozel


Conference Papers and Participants included:

The Process Acts and the Alien Tort Statute

A.J. Bellia
University of Notre Dame
Commentator: James Lee
Kings College London

Administrativism and the Conceptualisation of Private Law

Allan Beever
AUT Law School
Commentator: Barry Cushman
Notre Dame Law School

Regulation and the Rule of Law

Paul Yowell
University of Oxford (Oriel College)
Commentator: Erin Delaney
Northwestern University 

Habeas Corpus and the American Revolution

Amanda Tyler
University of California Berkeley
Commentator: Mark Walters
Queens University

Apportionment of Damages for Contributory Negligence: A Fixed or Discretionary Approach?

James Goudkamp
University of Oxford (Keble College)
Commentator: Amy Coney Barrett
Notre Dame Law School

Our Common Law Court?

Randy Kozel and Jeff Pojanowski
Notre Dame Law School
Commentator: Rachael Walsh
Trinity College Dublin

Common Law in Age of Regulation Conference, Program on Constitutional Structure, Notre Dame Law School

Common Law in Age of Regulation Conference, Program on Constitutional Structure, Notre Dame Law School

Common Law in Age of Regulation Conference, Program on Constitutional Structure, Notre Dame Law School

 

Originally published by Denise Wager at constitutional-structure.nd.edu on February 12, 2015.