INSIDE COMPLIANCE

“What is the Role of a Regulation if it is Not Enforced?”

Friday, February 16
9 a.m.–4 p.m.

Philip H. Corboy Law Center
25 E. Pearson Street
Power Rogers & Smith Ceremonial Courtroom, 10th Floor
Chicago, IL

The symposium will explore questions of theory and practice related to an administrative state that has such a largesse of regulations (and quasi-regulations in the form of interpretative guidance) that administrative agencies cannot possibly audit or enforce all of their expectations for regulated actors. The size and decentralized control of the administrative state poses questions of legal theory on the role of regulations in society if the state has no intention or lacks resources for enforcing them and practical questions for the regulated actors in how or when to comply with the regulations. But it also sets up a minefield for the regulated actor if enforcement agencies can play “gotcha” on technical strict liability rules which may be buried amid manuals or have been previously enforced. Although focusing on law, the symposium is intended to be multi-disciplinary and seeks to bring together scholars from law, ethics, political science, business, economics, and philosophy.