Professor Lietzan speaks at The Federalist Society’s COVID-19 & the Law Conference

Professor Erika Lietzan spoke at The Federalist Society’s COVID-19 & the Law Conference, contributing to the panel Regulation or “Don’t Let a Good Crisis Go to Waste.” She focused on decisions by regulators to de-regulate during the crisis — decisions to exercise enforcement discretion, to waive paperwork requirements, and to remove otherwise applicable restrictions — including decisions made by FDA in regards to medical products. She pointed out that regulation should always address a problem and that a rational regulatory approach balances the costs of regulating with the benefits achieved. And she argued that the last six months have generated important information that can help policymakers and the public reflect — later — on the costs and benefits of the regulatory requirements that were temporarily lifted or adjusted. Thoughtful reflection when the crisis subsides may lead to better evidence-based approaches to regulation. The virtual conference consisted of six panels covering a range of legal issues related to the COVID-19 pandemic. Each panel is available to watch as a webinar, accessible through the main conference website. Professor Lietzan is around the 23-minute mark from the link above to her panel.