Agenda

The AEI-Brookings Joint Center on Regulatory Studies is pleased to invite you to a one-day planning conference on June 15 at AEI to consider how one or more research projects may be developed to examine a form of regulatory activity that heretofore has received little, if any, scholarly attention. In a pioneering article in the National Journal, Jonathan Rauch labels the phenomenon "microgovernment", by which he means the process by which judicial decisions are reshaping American society in ways that are not well understood. A copy of that article and a summary description of the planning conference are enclosed, together with a recent article about similar issues that appeared in the New York Times.

We propose to structure the day by having Jonathan Rauch lead off the discussion at 9 AM with a general overview statement. We then propose to have the discussion organized around the following questions:

1. Is this "microgovernment" or "regulation-by-litigation" phenomenon worth studying in greater depth, and if so why? In answering this question, we plan to focus on three areas of the law: civil rights cases (under the Americans with Disabilities Act, Titles VII and IX of the Civil Rights Act, and the 1975 Education Act); cases arising under the common law (torts, privacy and defamation/libel), and cases dealing with vice (tobacco, guns, liquor, junk food, etc.).

2. How can this type of regulatory activity best be measured?

3. What public policies (such as sunset requirements) should be adopted to monitor, and if necessary, control this type of regulatory activity?

4. What research projects in this area make sense?

We are inviting to the planning conference a select list of about 20 scholars and foundation representatives. The atmosphere will be informal, and hopefully the discussion will be lively. The session will begin with a light breakfast at 8:30 A.M. and end by 4:00 P.M.