Friday, June 6, 2014
San Diego (June 6, 2014) – University of San Diego (USD) School of Law Assistant Professor Mila Sohoni's article, “The Power to Privilege,” was selected for presentation at the 2014 Harvard/Stanford/Yale Junior Faculty, which will be held on June 27-28, 2014, at Stanford Law School.
Sponsored by the Yale, Harvard, and Stanford Law Schools since 2001, the Junior Faculty Forum showcases papers selected on a blind basis by a jury of accomplished scholars. This year, only 19 papers were selected for presentation out of over 200 that were submitted for consideration. Sohoni’s paper was chosen for the session on Administrative Law. Each session features a presentation by the author, followed by commentary by senior scholars and audience discussion. The Junior Faculty Forum's objective is to encourage the work of junior scholars by providing experience in the pursuit of scholarship and the nature of the scholarly exchange.
Sohoni’s article addresses a new and startling development in the law of delegation: that Congress has for the first time expressly delegated to an administrative agency the power to write rules of privilege. In Section 6607 of the Affordable Care Act, Congress authorized the Secretary of Labor to promulgate regulations that provide an evidentiary privilege for communications between or among a host of federal and state entities, including the Treasury Department, the Department of Justice, state attorneys general, and an association of state insurance regulators with no official governmental status whatsoever. The type of law that this provision authorizes Labor to create—the regulatory evidentiary privilege—is a true novelty. Her article explores the broader implications of migrating the power to write rules of privilege from Congress and the courts, on the one hand, to the executive branch, on the other. The article explains that although the effective achievement of agency objectives often depends in important respects upon the law of evidentiary privileges, broad delegations to agencies of the power to write privileges will erode key federal and state regulatory and governance interests.
“I am delighted to have the opportunity to present my paper at the Junior Faculty Forum this summer,” Sohoni said. “And I’m very grateful to the law school, and in particular to Dean Stephen Ferruolo and Vice Dean Mary Jo Wiggins, for their staunch support of my work.”
About Assistant Professor Sohoni
Mila Sohoni teaches and writes in the areas of civil procedure, administrative law, federal courts, and legislation at the University of San Diego School of Law. Sohoni's article, "The Power to Privilege," will be published in 2014 in the University of Pennsylvania Law Review. Her other articles include "Notice and the New Deal," 62 Duke Law Journal 1169 (2013); "Agency Adjudication and Judicial Nondelegation: An Article III Canon," 107 Northwestern University Law Review 1569 (2013); and "The Idea of 'Too Much Law,'" 80 Fordham Law Review 1585 (2012).
About the University of San Diego School of Law
Celebrating 60 years of alumni success, the University of San Diego (USD) School of Law is recognized for the excellence of its faculty, depth of its curriculum, and strength of its clinical programs. Each year, USD educates approximately 900 Juris Doctor and graduate law students from throughout the United States and around the world. The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest and taxation.
USD School of Law is one of the 81 law schools elected to the Order of the Coif, a national honor society for law school graduates. The law school’s faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 23rd worldwide in all-time faculty downloads on the Social Sciences Research Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, nonprofit, independent, Roman Catholic university chartered in 1949