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James Patterson McBaine Honors Moot Court Competition
Thursday, April 4, 2019 @ 6:00 pm - 7:30 pm
Please join us as Kelsey Schuetz and Daniel Yablon argue before Judge David Tatel, United States Circuit Court Judge for the D.C. Circuit; Judge Michelle Friedland, United States Circuit Court Judge for the Ninth Circuit; and Justice Goodwin Liu, Associate Justice of the California Supreme Court, in the final round of the James Patterson McBaine Honors Moot Court Competition. Doors open at 5:45p.m. Please be prompt, as latecomers are disruptive to the proceeding
The case the students will argue this year is Garco Construction v. Secretary of the Army. This case concerns a controversial administrative law doctrine, Seminole Rock/Auer deference, and the Sovereign Act Doctrine. The case asks the Court to consider whether it was proper for a military base to make a unilateral change to its policy concerning access to the base, to the detriment of a construction company contracted to build housing units on site.
In Auer v. Robbins, the Supreme Court held that federal courts must give deference to the agency’s interpretation of their own regulations unless the agency’s interpretation is plainly erroneous or inconsistent with the regulation. In this case, the parties primarily contest two issues related to Auer deference: 1) whether Auer deference is applicable, and 2) if yes, whether Auer deference should be overruled.
Another contested issue is whether the military base is protected by the Sovereign Act Doctrine. The Sovereign Act Doctrine allows the government to reassert its sovereign immunity in a breach of contract case so long as the government can prove that 1) it acted in furtherance of genuine public interest, and 2) the government can otherwise be released of liability under ordinary contract law.
Events are wheelchair accessible. For disability-related accommodations, contact the organizer of the event. Advance notice is kindly requested.
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