Podcasts by 301 Moved Permanently

Deep Dive 218 – A Discussion on Stablecoins from 2022-04-19T20:20:19

Stablecoins are unique types of digital tokens that have emerged out of the cryptocurrency revolution and have taken center stage in the debate about crypto regulation. Tied to the value of an asse...

Deep Dive 217 – The Separation of Powers, From Washington to Sacramento from 2022-04-15T14:54:08

Are state governors subject to the same separation of powers restrictions as the federal president?

Expanding on a Regulatory Transparency Project panel discussion on emergency executive...

Deep Dive 216 – Title VI, College Admissions, and Public Opinion from 2022-04-11T18:37:48

With the Supreme Court about to hear two cases involving the use of race in admissions at Harvard and the University of North Carolina, what do Americans actually think about preferential treatment...

Tech Roundup 15 – Rail Automation and Forced Access from 2022-03-29T18:54:28

Experts Ian Adams and Ike Brannon join the podcast to break down recent proposals regarding forced access to railroads. Is concentration an issue within the rail industry? If so, would forced acces...

Deep Dive 215 – Sundown for the SUNSET Rule? from 2022-03-29T14:02

In January 2021, the Department of Health and Human Services ("HHS") finalized its SUNSET Rule. Section 610 of the Regulatory Flexibility Act ("RFA") requires agencies to have a written plan to rev...

Deep Dive 214 – Emergency Management Statutes: Lessons from COVID-19 from 2022-03-18T14:33:04

In March 2020, the COVID-19 pandemic was sweeping the country and governors throughout the nation were issuing declarations of emergency. What followed was a perhaps unprecedented period of emergen...

Deep Dive 213 – After California and Virginia, What’s Next? Examining the State of State Data Privacy Legislation from 2022-03-17T15:31:37

Data privacy and data security are tech policy concerns that resonate with many voters and policymakers. In the absence of federal data privacy legislation, some states have passed, and others are ...

Deep Dive 212 – Litigation Update: Roberts v. Bassett: NY Racial Preferences in Allocating COVID Treatments from 2022-03-11T19:23:52

Faced with a limited supply of recently-approved COVID-19 treatments, both the State and City of New York have issued directives instructing physicians and providers on how to prioritize treatment....

Deep Dive 211 – Section 230, Common Law, and Free Speech from 2022-03-07T18:32:38

Social media has become a prominent way for lawmakers, public agencies, experts, and governments to communicate with the public. Meanwhile, a once-obscure provision in federal communications law — ...

Explainer 34 – Institute for Justice's "Barriers to Business" Report from 2022-03-02T21:33

"To better understand the challenges small businesses face and to offer recommendations," Institute for Justice's Andrew Meleta and Alex Montgomery "analyzed the codes of 20 large to mid-sized citi...

Deep Dive 210 – Cryptocurrencies: Money, Trust and Regulation from 2022-02-25T20:17

Dr. Oonagh McDonald’s latest book, “Cryptocurrencies: Money, Trust and Regulation,” discusses the nature of money, the introduction of the first cryptocurrency – Bitcoin – and the maturation of the...

Tech Roundup 14 – Telematics in Cars and the Regulation of Auto Insurance from 2022-02-24T18:55:28

Ian Adams joined the podcast to break down the policy aspects of a recent Twitter spat between Elon Musk and California Insurance Commissioner Ricardo Lara. What are telematics, and how are they us...

Deep Dive 209 – Who Should Decide Whether Drugs Are Available Over-The-Counter or by Prescription? from 2022-02-18T19:13:29

In October 2020, Michael Cannon and Jeffrey Singer proposed ending the U.S. Food and Drug Administration's authority to decide which drugs are available only by prescription. Their solution: leavin...

Explainer 33 – Litigation Update: Shaw v. Metro. Gov't from 2022-02-14T23:05:25

On January 26, the Tennessee State Supreme Court heard oral arguments in Shaw et. al. v. Metropolitan Government of Nashville and Davidson County, a case in which the plaintiffs are challenging a z...

Deep Dive 208 – A Debate on COVID-19 Vaccine Mandates from 2022-02-11T18:00

On February 2, 2022, Lawrence Gostin, David Hyman, and Jenin Younes joined the Federalist Society's Georgetown Law Student Chapter to debate COVID-19 vaccine mandates.

Featuring:
- ...

Deep Dive 207 – Litigation Update: Investigating Title VI and Title IX Complaints from 2022-02-09T21:15

Title IX of the Education Amendments of 1972 supplemented Title VI of the Civil Rights Act of 1964 to include, in addition to barring discrimination on the ground of race, color, or national origin...

Tech Roundup 13 – Autonomous Vehicles: Where Are We Now? from 2022-02-02T16:38

Experts Marc Scribner and Adam Thierer join us to provide an update on autonomous vehicle (AV) policy. Why has Congress been unable to pass significant AV legislation? How have the Department of Tr...

Explainer 32 – The Vaccine Mandate Cases and the Future of Administrative Law from 2022-01-20T20:30

On January 13, the Supreme Court stayed the Occupational Safety and Health Administration's (OSHA) COVID-19 vaccine-or-test mandate for large businesses, but allowed a vaccine mandate for staff at ...

Deep Dive 206 – Intellectual Property in a Pandemic: The Proposed COVID-19 WTO Waiver from 2022-01-12T22:53:15

In October 2020, India and South Africa filed a request at the World Trade Organization (WTO) to create an exemption from an international treaty known as TRIPS (Trade-Related aspects of Intellectu...

Deep Dive 205 – An Update on the Clean Power Plan Litigation from 2021-12-22T17:45

The Supreme Court is now hearing the most closely watched environmental case in decades, which may decide the future of greenhouse gas regulation under the Clean Air Act. This case has already been...

Explainer 31 – The Regulation of E-Cigarettes and Vapes from 2021-12-10T21:15

Health policy expert Jeff Stier joins the podcast to discuss all things concerning the regulation of e-cigarettes and vapes: How did the FDA get the authority to regulate tobacco in the first place...

Deep Dive 204 – The FTC in the Current Administration: Buckle Your Seatbelts from 2021-11-18T17:23:44

The last few months have seen significant changes at the Federal Trade Commission. The new FTC has set an ambitious agenda that revives the agency, propelling it in directions we haven't previously...

Deep Dive 203 – FTC’s Revolution Through Rulemaking from 2021-11-04T15:20:49

The FTC is undertaking an ambitious and historic effort to craft de novo competition and privacy rules that will impact the entire U.S. economy. While some have applauded FTC's efforts, others have...

Deep Dive 202 – HUD and the Disparate Impact Rule from 2021-11-01T17:56:16

On June 25, 2021, President Biden's newly appointed Housing Secretary Marcia Fudge proposed to rescind a Secretary Carson-era disparate impact rule designed to implement the Fair Housing Act. In it...

Deep Dive 201 – Fixing Food: An FDA Insider Unravels the Myths and the Solutions from 2021-10-29T19:00

In this episode, Professor David Hyman interviews Dr. Richard Williams about Dr. Williams' new book, "Fixing Food: An FDA Insider Unravels the Myths and Solutions."

A twenty-seven-year v...

Deep Dive 200 – Corporate Social Responsibility, Investment Strategy, and Liability Risks from 2021-10-13T20:29:53

Environmental, Social and Corporate Governance (ESG) investing is growing in popularity, especially after major investment firm BlackRock signaled support for what it called "ESG Integration," or t...

Explainer 30 – An Update on Telemedicine Laws and Regulations from 2021-10-12T17:07:35

During the COVID-19 pandemic, federal and state governments relaxed rules that limit telemedicine—technology that enables people to access healthcare from their phones and/or computers—to allow mor...

Deep Dive 199 – Pass or Fail? Grading the NLRB, EEOC, and DoL from 2021-09-28T17:23:32

Collectively the Department of Labor, Equal Employment Opportunity Commission, and the National Labor Relations Board play a pivotal role in almost every dimension of employment in the nation. This...

Deep Dive 198 – Eyes to The Sky: Privacy, Property, Innovation, and Commerce in The Age Of The Drone from 2021-09-20T16:35

Drones are rapidly becoming part of our everyday lives, and society will soon need to grapple with profound issues related to property, privacy, and nuisance. While drones are aircraft, the laws go...

Deep Dive 197 – Competition at a Crossroads: Will the Executive Order on Competition Advance Competition, or Restrict It? from 2021-09-10T15:36:57

Protecting and preserving competition are the key objectives of U.S. antitrust laws, which are all phrased as prohibitions: on agreements "in restraint of trade," of mergers and acquisitions where ...

Deep Dive 196 – Brace Yourself: Discussing The ATF’s Rulemaking On Forearm Stabilizing Braces from 2021-09-08T23:00

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) in 2012 determined that forearm stabilizing braces for firearms serve a legitimate function and do not automatically subject a firea...

Deep Dive 195 – President Biden’s Executive Order on Foreign-Controlled Apps from 2021-09-02T19:35:06

In June, President Biden revoked a Trump-era executive order that sought to ban TikTok and WeChat, and replaced it with a new executive order directing the government to review the security threats...

Deep Dive 194 – Examining the CDC's Eviction Moratorium from 2021-08-25T18:17:40

In September 2020, the Centers for Disease Control and Prevention (CDC) issued its first nationwide eviction moratorium. Since then, the CDC renewed the moratorium several times and most recently i...

Deep Dive 193 – Arthrex: The End of Patent Exceptionalism in the Administrative State? from 2021-08-18T20:05:08

The decision in United States v. Arthrex was extremely fractured, with a mix of majority, concurring, and dissenting opinions that cut across traditional jurisprudential divisions on the Supreme Co...

Deep Dive 192 – Gender Based Board Quotas, the Fourteenth Amendment, and Meland v. Weber from 2021-08-10T20:40:11

On June 21, 2021, the Court of Appeals for the Ninth Circuit ruled a shareholder-plaintiff had standing to sue California's Secretary of State. Creighton Meland, a shareholder at OSI Systems, Inc.,...

Deep Dive 192 – Gender Based Board Quotas, the Fourteenth Amendment, and Meland v. Weber from 2021-08-10T20:40:11

On June 21, 2021, the Court of Appeals for the Ninth Circuit ruled a shareholder-plaintiff had standing to sue California's Secretary of State. Creighton Meland, a shareholder at OSI Systems, Inc.,...

Explainer 29 – The EPA's Methane Emissions Rule from 2021-08-05T15:05:03

In June, President Biden signed into law a bill that repealed changes to Environmental Protection Agency methane emissions regulations made by the Trump administration. In this episode, Professor J...

Deep Dive 191 – Talks with Authors: A Dubious Expediency from 2021-08-03T17:52:20

"A Dubious Expediency: How Race Preferences Damage Higher Education" is a collection of eight essays written by experts in the field examining and analyzing the impact of racial diversity preferenc...

Deep Dive 190 – The Implications of the Latest Congressional Review Act Disapprovals from 2021-07-19T22:46:50

The Congressional Review Act (CRA) was used in 2017 to overturn 15 rules issued near the end of the Obama administration. The shift in political control in the White House and Congress this year se...

Deep Dive 189 – A Dawning Era for Vertical Mergers? The New Vertical Merger Guidelines, Illumina/Grail, and More from 2021-07-15T16:01:57

The antitrust agencies' approach to vertical mergers has been the subject of significant debate — with potential changes still on the horizon. Last summer, the Department of Justice and the Federal...

Deep Dive 188 – Immigration Policymaking in the Biden Administration from 2021-07-14T19:29:15

Motivated in part by Congress's failure to modernize immigration policy in the United States, Presidents in recent years have turned to administrative law and the regulatory process to make major i...

Deep Dive Episode 187 – Courthouse Steps Decision: Cedar Point Nursery v. Hassid from 2021-07-08T16:39:01

The Supreme Court issued its decision in Cedar Point Nursery v. Hassid on June 23, 2021, holding 6-3 that a California regulation allowing California union organizers entry onto the private propert...

Deep Dive 186 – Teaching About Race in the Curriculum from 2021-07-07T19:30

This episode features a panel discussion on Critical Race Theory, the 1619 Project and the current debates over how best to teach American history. Linda Chavez, Chairman of the Center for Equal O...

Explainer 28 – Rep. Harshbarger on the Freedom to Work Act from 2021-07-06T19:39:50

In May 2021, Rep. Diana Harshbarger (R-Tenneessee) introduced the "Freedom to Work Act," a bill that would utilize the federal government to reduce occupational licensing requirements. In this epis...

Deep Dive 185 – SEC v. Ripple Labs: Cryptocurrency and “Regulation by Enforcement” from 2021-06-29T17:30

In recent years, a number of regulatory agencies have increasingly utilized enforcement actions rather than formal rulemaking to achieve desired policy outcomes. Critics argue that this "regulation...

Deep Dive 184 – Federalism or a Federal Standard? Fuel Economy and Greenhouse Gas Emissions Standards from 2021-06-28T16:00

Federal and state government authority to mandate automobile manufacturers and consumers switch to electric cars is one of the most contentious legal and policy debates of the last two decades.
Listen

Deep Dive 183 – The Path Forward on Agency Guidance from 2021-06-25T17:50:24

Over the past decade or so, increasing attention has been paid to agency guidance, the role it serves, and whether it has begun to supplant legally binding regulation as a governing tool. To place ...

Deep Dive 182 – Cybersecurity Threats and the Regulatory Response from 2021-06-24T21:00

The Biden administration had barely named a cabinet, let alone staffed the government, when it began taking cybersecurity hits from all directions. The Russian government was revealed to have carri...

Deep Dive 181 – State of Emergency? Kentucky’s Legislature vs. Governor from 2021-06-22T14:30

On June 10, the Kentucky Supreme Court heard a pair of cases to consider whether and to what extent the Commonwealth's legislature may set parameters on the Governor's exercise of emergency powers....

Deep Dive 180 – Book Review: Administrative Law Theory and Fundamentals: An Integrated Approach from 2021-06-10T17:53:22

With his new casebook, "Administrative Law Theory and Fundamentals: An Integrated Approach," Professor Ilan Wurman seeks to provide fresh thinking to the field of administrative law. In the caseboo...

Explainer 27 – Occupational Regulations in the Beauty Industry from 2021-06-08T17:12:48

In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, "Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals." (...

Explainer 26 – Land Use Restrictions and Legislative Reform from 2021-05-18T18:24:01

In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions.

Featuring:
- Braden Boucek, ...

Deep Dive 179 – Artificial Intelligence and Bias from 2021-05-17T17:22:39

It is hard to find a discussion of artificial intelligence these days that does not include concerns about Artificial Intelligence (AI) systems' potential bias against racial minorities and other i...

Deep Dive 178 – (Un)Civil War: The Future of Conservative Antitrust from 2021-05-11T14:51:42

On April 22, 2021, the Federalist Society's George Mason Student Chapter, the Regulatory Transparency Project, and the Global Antitrust Institute cosponsored an event featuring professors Joshua D....

Explainer 25 – President Biden's Memo on "Modernizing Regulatory Review" from 2021-05-10T17:02:26

Ken Davis joined the podcast to discuss why and how President Biden's memo on Modernizing Regulatory Review could significantly alter the regulatory review process.

Featuring:
- J. ...

Deep Dive 177 – Patents and Pandemics: Innovation Policy and the Patent Waiver Petition at the WTO from 2021-05-06T19:37:14

India and South Africa have submitted a petition to the World Trade Organization seeking a waiver of all intellectual property rights under international treaties on drugs, vaccines, or other respo...

Deep Dive 176 – Courthouse Steps Decision: AMG Capital Management v. FTC from 2021-05-04T19:45:59

On April 22, 2021, the Supreme Court decided AMG Capital Management, LLC v. Federal Trade Commission. Writing for the unanimous Court, Justice Breyer explained how Section 13(b) of the Federal Trad...

Explainer 24 – The Future of Title IX Implementation from 2021-04-30T21:08:17

Edward E. Bartlett and Linda Chavez join the podcast to discuss the future of Title IX implementation under the Biden administration, which could have significant ramifications on college campuses ...

Deep Dive 175 – Big Tech and Antitrust from 2021-04-29T17:16:19

The debate over “Big Tech” and antitrust has intensified. On one side are those who consider certain Big Tech companies monopolies that reduce competition and exploit their users’ data. On the othe...

Deep Dive 175 – Big Tech and Antitrust from 2021-04-29T17:16:19

The debate over “Big Tech” and antitrust has intensified. On one side are those who consider certain Big Tech companies monopolies that reduce competition and exploit their users’ data. On the othe...

Deep Dive 174 – Legal Issues for Commercial Drones: Privacy, Property Rights, and Federalism from 2021-04-28T21:45

Commercial drone technology advanced rapidly in the past decade, and companies like Walmart, Amazon, Verizon, CVS, and UPS are now actively testing drone services like home delivery, medical logist...

Deep Dive 173 – The State of Healthcare Policy: from COVID-19 to Medicare for All from 2021-04-28T13:13

On Friday, April 16, 2021, the Federalist Society's Georgetown Student Chapter hosted a webinar featuring professors Gregg Bloche, Larry Gostin, David Hyman, and Timothy Westmoreland discussing the...

Deep Dive 172 – Third-Party Payments in Government Litigation Settlements from 2021-04-21T18:58:02

In June of 2017, then-Attorney General Jeff Sessions issued a memo prohibiting the Department of Justice from directing settlement payments to non-governmental third parties that are "neither victi...

Deep Dive 171 – Courthouse Steps Oral Argument: NCAA v. Alston from 2021-04-12T15:19:05

On March 31, 2021, the Supreme Court heard oral arguments in NCAA v. Alston, a case addressing a Ninth Circuit decision holding that the National Collegiate Athletic Association's eligibility rules...

Deep Dive 170 – Engine of Inequality: The Fed and the Future of Wealth in America from 2021-04-06T18:23:37

In her landmark book, financial services doyenne Karen Petrou explains how, despite better intentions, Federal Reserve policies have been major drivers of economic inequality in America. Beginning ...

Deep Dive Episode 169 – Courthouse Steps Oral Argument: Cedar Point Nursery v. Hassid from 2021-03-30T17:29:38

In Cedar Point Nursery v. Hassid, the Supreme Court will decide whether a California “Access Regulation” violates the Takings Clause of the Fifth Amendment. The Access Regulation allows...

Deep Dive 168 – Deepfakes: What, If Anything, Should Policymakers Do? from 2021-03-18T14:30

"Deepfakes" are one of the latest technologies to prompt debate about online media. Using Deepfake techniques, users can make realistic-looking fake media in which people say and/or or do things th...

Deep Dive 167 – Courthouse Steps Oral Argument: United States v. Arthrex Inc. from 2021-03-09T18:16:16

The U.S. Supreme Court heard oral arguments in United States v. Arthrex Inc. on March 1, 2021. This case is an important one for the office of patent judges; at issue is whether, for purposes of th...

Deep Dive 166 – The CFPB Taskforce Report on Federal Consumer Financial Law from 2021-03-04T16:50

Recent years have seen a dramatic shift in the way in which American consumers use and shop for financial products and make payments, especially the rapid growth of electronic payments and electron...

Deep Dive 165 – Fireside Chat on the State of the FTC with Bilal Sayyed from 2021-03-03T22:37:02

The Federalist Society's Regulatory Transparency Project and Corporations, Securities & Antitrust Practice Group were pleased to host this fireside discussion between Mr. Bilal Sayyed, most-recentl...

Deep Dive 164 – How Will the Biden Administration Handle China's Intellectual Property Practices? from 2021-02-25T18:00

The Biden administration faces a variety of issues when it comes to China, from trade policy to aggression in the South China Sea. Not to be overlooked, however, is how the new administration will ...

Deep Dive 163 – Shapers of Cyber Speech: Silicon Valley and American Discourse from 2021-02-23T17:22:20

In January, Twitter and Facebook removed President Trump and many of his followers' accounts while Google, Apple, and Amazon cut business ties with Twitter competitor Parler over alleged contract v...

Explainer 23 – Why Did Texas Lose Power? from 2021-02-19T19:10:59

Professor James W. Coleman joins the podcast to break down the regulatory dynamics of the rolling blackouts Texans have experienced this week.

What role did regulators play in this incid...

Deep Dive 162 – Is Common Carrier the Solution to Social-Media Censorship? from 2021-02-17T14:45:20

Recently, Big Tech companies have come under fire from all sides for their content moderation decisions. Some argue Big Tech companies are not doing enough to stem the spread of harmful content and...

Explainer 22 – Senator Klobuchar's Antitrust Bill from 2021-02-11T21:42

Asheesh Agarwal and Ashley Baker join the podcast to discuss Senator Amy Klobuchar's recently-announced bill to amend antitrust law.

How would the bill adjust the definition of "exclusio...

Deep Dive 161 – Congressional Review Act: First Branch Gets the Last Word from 2021-02-04T17:00

After living in relative obscurity since its passage in 1996, the Congressional Review Act caught the nation's attention in 2017 when a Republican-led Congress and newly-elected President Trump use...

Deep Dive 160 – The Myths and Facts Regarding the EPA’s Benefit-Cost Analysis and Science Transparency Rules from 2021-02-01T12:54:16

The Environmental Protection Agency recently finalized two new transparency-related rules. The stated purpose of the rule "Increasing Consistency in Considering Benefits and Costs in the Clean Air ...

Deep Dive 159 – Countering the Politicization of Financial Services: Is the Cure Worse than the Disease? from 2021-01-28T11:30

In several recent high-profile cases, banks have conditioned or denied financial services to disfavored industries after campaigns against those industries by advocacy groups. In late-November 2020...

Deep Dive 158 – Courthouse Steps Oral Arguments: AMG Capital Management v. FTC from 2021-01-27T19:56:49

On January 13, the Supreme Court heard oral arguments in AMG Capital Management v. FTC, a case that could define the scope of the FTC's remedial authority and explore the limits of textualism. The ...

Deep Dive 157 – Regulating Land Use During a Pandemic from 2021-01-26T14:20

The COVID-19 pandemic has caused significant changes in urban land use. Where possible, companies have shifted to partial or full remote work, leaving some office buildings to sit empty. Firms in t...

Deep Dive 156 – Incentivizing Drug Development: Patents or Prizes? from 2021-01-21T12:00

Medical innovation has made modern life miraculous by historical standards, as demonstrated by the unprecedented medical response to the COVID-19 pandemic. What made this possible? What's the best ...

Deep Dive 155 – International Reference Pricing and Negotiation: Yes or No? from 2021-01-13T18:29:34

Drug prices are a pressing policy issue. On November 20, 2020, President Donald Trump announced two new rules aimed at reducing drug prices for Medicare beneficiaries. These rules use a system know...

Deep Dive 154 – Tech Policy Under the Biden Administration and 117th Congress from 2021-01-06T12:00

In this episode, an expert panel looks at what the new year may bring regarding the hot topics of tech policy. Some key policy debates – such as antitrust and "Big Tech," online speech and Section ...

Deep Dive 153 – Reboot Conversations: The Future of Drone Policy from 2020-12-29T17:07:35

There are nearly 500,000 commercial drones registered in the United States, far exceeding recent FAA projections. Fields like photography, agriculture, and public safety have adopted drone services...

Explainer 21 – How is Insurance Regulated? from 2020-12-23T17:17:42

How is insurance regulated in the United States? How are emerging technologies disrupting the industry? And what issues do policymakers face regarding privacy concerns in our era of big data?
...

Deep Dive 152 – COVID-19 Regulatory Waivers and Suspensions: What Will the Biden Administration Do? from 2020-12-21T15:30

Following the onset of the COVID-19 pandemic, the Trump administration waived or suspended enforcement of a number of regulations, such as regulations affecting telemedicine. Will the Biden adminis...

Deep Dive 151 – Public Input in Agency Rulemaking from 2020-12-17T14:30

When the FCC put forward its proposed repeal of the net neutrality rule, it received 22 million public comments, by far the largest number any agency has ever received in connection with a rulemaki...

Tech Roundup 12 – Airspace and Drone Regulations from 2020-12-16T11:45

In this episode, Brent Skorup discusses the current state of drone technology, the history of airspace and drone regulations in the United States, and his new paper, "Drone Technology, Airspace Des...

Deep Dive 150 – Regulating Business in the Age of COVID-19 from 2020-12-10T12:30

COVID-19 has presented unique challenges for state lawmakers as they attempt to address public health and economic concerns. The crisis has also raised significant questions about whether states sh...

Explainer 20 – COVID-19 Vaccine Approval and Distribution from 2020-12-09T20:44:15

Joel Zinberg joins the podcast to discuss a range of COVID-19 vaccine questions. How has the development process under Operation Warp Speed compared to the normal vaccine development process? Where...

Deep Dive 149 – A Conversation with FCC Chairman Ajit Pai from 2020-12-08T13:00

On November 30, 2020, FCC Chairman Ajit Pai joined the Federalist Society's Columbia Student Chapter for a wide-ranging discussion on net neutrality, Section 230, and more, in an online Q&A co-spon...

Deep Dive 148 – Civil Liberties and COVID-19 Shelter in Place Orders from 2020-12-07T16:30

On November 19, 2020, the Federalist Society's Regulatory Transparency Project and the Memphis Lawyers Chapter co-hosted an online event on "Civil Liberties and COVID-19 Shelter in Place Orders." Listen

Explainer 19 – The Burden of Proof in Competition Law from 2020-12-02T22:06:26

The House Committee on the Judiciary recently released a report on the state of competition in the digital marketplace. The report, which was the result of a 16-month-long investigation, describes ...

Deep Dive 147 – The State of State Data Privacy Laws Post-2020 Election from 2020-11-30T19:00

In the absence of federal data privacy legislation, some states have acted to pass their own laws on the topic. Notably, California voted in favor of Prop 24 placing additional requirements on the ...

Deep Dive 146 – Fireside Chat with FTC Commissioner Noah Phillips from 2020-11-23T11:20:37

The House Judiciary Committee’s Antitrust Subcommittee recently released findings of a 16-month investigation into competition in the digital economy. The 449-page staff report, “Investigation of C...

Explainer 18 – Driverless Cars: Balancing Safety and Innovation from 2020-11-19T21:50:09

In this episode, Ian Adams lays out the current state of driverless car technology, discusses its implications for the disabled community, and breaks down the decisions federal and state policymake...

Deep Dive 145 – The True Extent of Executive Power from 2020-11-16T16:45

On October 20, 2020, the Federalist Society's Georgetown Law Student Chapter and the Regulatory Transparency Project hosted John C. Yoo and Saikrishna B. Prakash for an online discussion on the ext...

Deep Dive 144 – United States v. Google: Examining the Historic Antitrust Case Against Big Tech from 2020-11-06T18:00

On October 20, 2020, the Department of Justice (DOJ) filed its much-anticipated lawsuit against Google. The case is the most high-profile antitrust challenge since the Microsoft case more than 20 y...

Deep Dive 134 – Pandemic&Patents: Do Patents Help or Hinder Medical Innovation? from 2020-11-05T17:40

On October 28, 2020 the Federalist Society's Akron Student Chapter hosted George Horvath and Adam Mossoff for a discussion of how patents can affect medical innovation. Specifically, the two discus...

Deep Dive 142 – The United States-China Relationship and Intellectual Property from 2020-10-28T15:30

Recent disputes between the United States and China have focused on trade, but perhaps the most potent trade-related issue is not tangible products but intangible property. China's policies and pra...

Deep Dive 141 – Interoperability and Data Sharing: An Antitrust Remedy in Search of a Market Problem? from 2020-10-26T13:45

Data portability has been a hot topic of late, from GDPR to CCPA to the FTC's recent Data to Go Workshop. To some, data portability is a consumer right to access and move individual data. For other...

Deep Dive 140 – It Can Be Done Live: The Future of Our Food from 2020-10-21T17:25:15

The creators of the award-winning documentary, They Say It Can't Be Done, in partnership with the Federalist Society's Regulatory Transparency Project, present It Can Be Done Live — a conversation ...

Deep Dive 139 – Implications of Data Portability: A Consumer Protection Tool or Burden? from 2020-10-19T15:30

Data portability has been a hot topic of late, from GDPR to CCPA to the FTC’s recent Data to Go Workshop. To some, data portability is a consumer right to access and move individual data. For...

Explainer 17 – A Big Week for Section 230 from 2020-10-16T16:22

In this episode, Jennifer Huddleston and Ashkhen Kazaryan break down the recent news related to Section 230 of the Communications Decency Act, including Justice Clarence Thomas's statement, controv...

Deep Dive 138 – It Can Be Done Live: The Future of Our Earth from 2020-10-15T20:32:08

The creators of the award-winning documentary, They Say It Can't Be Done, in partnership with the Federalist Society's Regulatory Transparency Project, present It Can Be Done Live - a conversation ...

Deep Dive 137 – Antitrust Populism and the Conservative Movement from 2020-10-14T12:45

On October 7, 2020, the Federalist Society's Pennsylvania Student Chapter and the Regulatory Transparency Project co-sponsored an event on "Antitrust Populism and the Conservative Movement."
<...

Explainer 16 – An Update on Antitrust and Big Tech from 2020-10-13T18:30

Recent weeks have been chock-full of headlines regarding antitrust and big tech companies, from the House Judiciary Antitrust Subcommittee report to the Senate Commerce Committee subpoenas of top C...

Deep Dive 136 – It Can Be Done Live: The Future of Our Health from 2020-10-08T17:00

The creators of the award-winning documentary, They Say It Can't Be Done, in partnership with the Federalist Society's Regulatory Transparency Project, present It Can Be Done Live - a conversation ...

Deep Dive 135 – Evaluating the EPA’s Proposals to Retain the Existing Particulate Matter and Ozone Standards from 2020-10-07T20:43:15

The Environmental Protection Agency recently proposed retaining both the existing particulate matter and ozone primary and secondary standards. Over the last several decades, air quality in the Uni...

Deep Dive 134 – It Can Be Done Live: The Future of Our Seas from 2020-09-30T15:30

The creators of the award-winning documentary, They Say It Can't Be Done, in partnership with the Federalist Society's Regulatory Transparency Project, present It Can Be Done Live - a conversation ...

Deep Dive 133 – Medicare for All? A National Single-Payer v. Private Payer Insurance Debate from 2020-09-29T18:50:59

On September 22, the Federalist Society's Villanova Student Chapter co-sponsored a debate on Medicare for All with the Villanova Law Health Law Society. In this live podcast, experts debate the pro...

Deep Dive 132 – A Conversation with EPA Administrator Andrew Wheeler: New Rule on Guidance Procedures and More from 2020-09-21T20:48:45

In May, the Environmental Protection Agency announced a new proposed rule to "establish the procedures and requirements for how the U.S. Environmental Protection Agency (EPA) will manage the issuan...

Tech Roundup 11 – TikTok's Running Clock from 2020-09-10T18:02:27

Citing national security concerns, the Trump administration has ordered TikTok's Chinese parent company, Bytedance Ltd., to sell U.S. operations of the popular video-sharing app to an American comp...

Deep Dive 131 – Free Speech in the Digital Era: Section 230 and the FCC from 2020-09-08T15:46:23

Section 230 of the Communications Decency Act provides liability protection to platforms, internet service providers, and other online intermediaries for third-party content they host or republish....

Deep Dive 130 – FTC v. Qualcomm: The Ninth Circuit on Tech Antitrust from 2020-09-03T18:12:42

This live podcast discusses the Ninth Circuit's recent opinion in FTC v. Qualcomm, in which the court reversed the Federal Trade Commission's 2019 trial court win. The Ninth Circuit ruled that Qual...

Deep Dive 129 – Environmental Citizen Suits and SEPs: Do Constitutional and Nondelegation Concerns Outweigh Environmental Benefits? from 2020-09-02T18:56:06

Environmental laws such as the Clean Air Act allow private plaintiffs and environmental advocacy groups to file citizen suits alongside the government's environmental enforcement actions against po...

Deep Dive Episode 128 – Can States Trump Interstate Commerce? from 2020-08-27T18:00

Asserting their sovereign interests or “states' rights,” many states are increasingly attempting to inject state officials’ policy preferences on national and global issues throug...

Deep Dive 127 – Should the Fed Create Fedcoin, Digital Dollars, and Fed Accounts? from 2020-08-25T18:32:44

As cryptocurrencies have proliferated in the private sector, central banks are now contemplating getting into the game. Venezuela tried unsuccessfully to popularize its currency with the digital p...

Deep Dive 126 – Minutes to Midnight, or Teeing Up a Second Term? from 2020-08-19T19:37:12

The next presidential inauguration will be on January 20, 2021. The six months between then and today will involve a flurry of regulatory activity, just as the final months of presidential terms al...

Deep Dive 125 – The New Title IX Rules from 2020-08-13T19:11:28

In 2017 the Department of Education withdrew the Obama administration's guidance documents on Title IX sexual harassment. The next year it issued a notice of proposed rulemaking under the Administr...

Deep Dive 124 – Labor Law Compliance Issues Posed by COVID-19 from 2020-08-10T16:20:08

COVID-19 has created many challenges for employers, including making it more difficult for them to comply with labor and employment laws. Recently-enacted statutes like the First Families Act and t...

Deep Dive 123 – Antitrust Investigations into Big Tech Companies from 2020-08-06T19:13:32

American tech companies like Google, Apple, Facebook, and Amazon are some of the most successful companies in the world. Recently, these companies have faced various criticisms, with some questioni...

Deep Dive 122 – New Labor Department Rule: Taking on ESG Investment Risk to American Retirement Security from 2020-07-28T16:05:16

A sustained effort by activist investors to align corporate policy and investing with a progressive policy agenda could be shortchanging the retirement savings of millions of Americans. Data show t...

Deep Dive 121 – Book Review: The Dubious Morality of Modern Administrative Law from 2020-07-22T13:00:53

Prof. Richard Epstein's The Dubious Morality of Modern Administrative Law examines how the growth of the administrative state as a result of FDR's New Deal has coincided with many different Supreme...

Deep Dive 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed? from 2020-07-13T11:55

This expert panel examined recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. ...

Deep Dive Episode 119 – FTC Remedial Authority: Powers, Process, and Suggestions for Reform from 2020-07-07T16:00:08

How does the Federal Trade Commission (FTC) calculate consumer injury and civil penalties in consumer protection matters? This teleforum will discuss the FTC’s remedial powers, process, and s...

Explainer 15 – Equality in Government Contracting from 2020-07-02T09:23:13

In the midst of the COVID-19 pandemic, the federal government is waiving affirmative action requirements in federal construction projects. Wen Fa discusses whether state and local regulations shoul...

Deep Dive 118 – Can Patents and Bayh-Dole Fuel Innovation in the Time of COVID-19? from 2020-06-24T11:47

Deep Dive 117 – How to Approach Data Collection and Breaches in the Age of COVID-19 from 2020-06-22T12:18

In an effort to combat the spread of COVID-19 and contain its impact, nations across the world are exploring the use of various methods of tracking the virus. Some – such as Singapore and South Kor...

Tech Roundup 10 – Trump's Executive Order on Online Censorship from 2020-06-08T12:52:42

What is the legislative and legal background of the recent Executive Order on Preventing Online Censorship, how will it affect Section 230 of the Communications Decency Act, and what may be the unf...

Deep Dive 116 – Surviving COVID-19: The Small Business Perspective from 2020-06-03T14:33:03

As small businesses across the country grapple with the current and potential impacts associated with COVID-19, the National Federation of Independent Business continues to track the latest develop...

Deep Dive 115 – Public-Private Partnerships: The Future of Cybersecurity? from 2020-06-01T13:00:55

While most agree cybersecurity is a vital part of modern national security and see cyber-attacks as an evolving and dangerous threat, the question of how best to utilize the resources of the United...

Deep Dive 114 – Is Artificial Intelligence Biased? And What Should We Do About It? from 2020-05-29T13:00:59

Journalists and academics seem convinced that artificial intelligence is often biased against women and racial minorities. If Washington’s new facial recognition law is a guide, legislators see the...

Deep Dive 113 – Executive Orders on Guidance: Implications and Next Steps from 2020-05-28T10:59:47

In October of 2019, President Trump issued an executive order that imposed a series of restrictions and requirements on Federal agencies, and even included a requirement that agencies publish their...

Explainer 14 – Options for Data Privacy Enforcement from 2020-05-22T09:54:01

How can data privacy enforcement provide clarity for businesses while protecting the public from harm? What might be the best enforcement options available to the FTC and state attorneys general go...

Deep Dive 112 – FTC Hot Topics with Commissioner Christine Wilson: Regulatory Reform, Privacy, Antitrust,&Beyond from 2020-05-21T11:29

Deep Dive 111 – The Truth About the EPA’s Science Transparency Rule from 2020-05-15T11:01:04

In 2018, the Environmental Protection Agency proposed a rule entitled “Strengthening Transparency in Regulatory Science.” The proposal garnered over 9,000 unique public comments. On March 18, 2020...

Deep Dive 110 – Community Reinvestment Act: Remedy or Relic? from 2020-05-14T11:02

Explainer 13 – COVID-19 Contact-Tracing and Data Privacy from 2020-05-12T10:17:56

As countries, states, and locales have worked to get a handle on the spread of the COVID19 pandemic, one solution that appears to have been effective is thorough contact-tracing. In this episode, J...

Deep Dive 109 – Regulating by Consent Agreement: Examining FTC’s YouTube Settlement and Beyond from 2020-05-04T13:00

On September 4, 2019, the Federal Trade Commission announced sweeping regulatory changes to the operation of YouTube, one of the internet’s most popular websites. YouTube has 2 billion monthly acti...

Deep Dive 108 – Regulating Home-Sharing and Home-Based Businesses from 2020-04-28T12:00

In this episode, Brooks Rainwater and Jon Riches discuss developments in state and local regulations surrounding home-sharing and home-based businesses. How do we balance safety and public goods wi...

Tech Roundup 9 – COVID-19 and the Internet: A Conversation with Ajit Pai from 2020-04-27T10:56:53

In this episode, Ajit Pai joins Adam Thierer and Brent Skorup to discuss the principles driving the Federal Communications Commission in recent years, the "Keep Americans Connected" pledge, and how...

Deep Dive 107 – COVID-19 in the Workplace: Mandated Paid Sick Leave from 2020-04-24T12:08:57

On March 18, the Senate passed and the President signed into law the “Families First Coronavirus Response Act.” Among other things, this new law, set to take effect no later than April 2, 2020, cre...

Deep Dive 106 – Should Big Tech Platforms Be Viewpoint Neutral? Should the Government Care? from 2020-04-21T10:13:01

On March 4, 2020, the Regulatory Transparency Project sponsored a symposium with the University of Pennsylvania Federalist Society student chapter. The second panel of the symposium was titled "Sho...

Deep Dive 105 – Do We Need to Rethink Antitrust for Big Tech? from 2020-04-16T10:51:51

On March 4, 2020, the Regulatory Transparency Project sponsored a symposium with the University of Pennsylvania Federalist Society student chapter. The first panel of the symposium was titled "Do W...

Deep Dive 104 – The Allen v. Cooper Decision, or, Blackbeard's Revenge from 2020-04-14T12:11:57

The recent Supreme Court ruling in Allen v. Cooper is the latest development in a decades-long series of Congressional enactments and Supreme Court rulings over whether and how Congress can abrogat...

Deep Dive 103 – Ajit Pai: The FCC and the Pandemic from 2020-04-13T14:49:11

Join us as Federal Communications Commission Chairman Ajit Pai discusses how the FCC is addressing the COVID-19 pandemic. What measures has the FCC taken to date, and what is planned in the future?...

Deep Dive 102 – COVID-19 and Regulatory Reform Efforts at HHS from 2020-04-09T12:13:26

Join us as the U.S. Department of Health and Human Services Deputy Secretary Eric Hargan discusses the role of his agency. Likely topics include COVID-19, as well as the agency’s regulatory reform ...

Deep Dive 101 – Litigation Update: Neora v. FTC from 2020-04-07T12:00:45

On November 1, 2019, Neora, a Texas-based healthcare products multi-level marketing (MLM) business, filed suit in Illinois Federal Court against the FTC. The suit alleges that throughout three year...

Deep Dive 100 – The Limits of EPA Authority: Supplemental Environmental Projects from 2020-04-06T13:14:03

The Environment and Natural Resources Division of the Department of Justice recently announced a policy that the Division would no longer agree to Supplemental Environmental Projects (SEPs) in sett...

Deep Dive 99 – Promoting a More Adaptable Physician Pipeline from 2020-04-03T13:00

The COVID-19 pandemic has the medical community scrambling to address shortages of supplies and some clinicians to properly care for all of the many patients who will present soon with significant ...

Deep Dive 98 – Regulatory Reforms and the COVID Pandemic from 2020-03-30T11:30:14

Governments at all levels are figuring out how to make sure sick people are treated and that coronavirus doesn’t spread. Some experts are now drawing attention to possible regulatory reforms ( Listen

Tech Roundup 8 – The Future of Facial Recognition from 2020-03-26T12:55:30

In this episode, Matthew Feeney hosts a discussion with Ashkhen Kazaryan and Caleb Watney on the approach regulators might take to the brave new world of facial recognition technology.

...

Deep Dive 97 – Certificate of Need Laws and Healthcare Access from 2020-03-23T12:51:27

38 states have certificate of need (CON) laws which make it illegal for healthcare providers to offer healthcare services to patients without first getting government permission. Defenders of CON l...

Deep Dive 96 – New York’s “Rent Stabilization” Law from 2020-03-20T11:38:03

Does New York’s “rent stabilization” law violate the federal Constitution? The law, which regulates approximately 1 million apartments in New York City, was enacted more than fifty years ago and re...

Explainer 12 – A Recipe for A Better World: Nine Parts Innovation, One Part Regulation from 2020-03-19T08:39:04

In this Explainer episode, Jeff Stier tells the innovative story of Impossible Burger, a company that developed leghemoglobin to mimic the taste of meat in non-meat-based products. Instead of rushi...

Deep Dive 95 – Update on FISA Reauthorization and Reform from 2020-03-16T14:00

On March 15, 2020, certain authorities under the Foreign Intelligence Surveillance Act (FISA) will expire absent renewal by Congress. The authorities set to expire fall into three categories: 1) th...

Deep Dive 94 – FTC v. Qualcomm from 2020-03-12T11:39:34

In January 2017, the Federal Trade Commission (FTC) filed an antitrust complaint against Qualcomm in the Northern District of California. The FTC alleged that Qualcomm had unlawfully monopolized t...

Deep Dive 93 – The Future of the National Environmental Policy Act from 2020-03-09T13:00

For the past 50 years, the National Environmental Policy Act (NEPA) has required that the federal government assess the potential environmental impact of any major development projects involving th...

Deep Dive 92 – The Constitutionality of California’s Cap and Trade Agreement with Quebec from 2020-03-04T14:00

The state of California and the Canadian province of Quebec have agreed to link their cap-and-trade systems for carbon emissions – these systems require polluters to pay for a permit when they emit...

Deep Dive 91 – The Expected New Title IX Rules from 2020-03-03T12:00

The Education Department’s Office for Civil Rights (OCR) is expected to issue in the coming weeks its long-awaited new rules for colleges and other educational institutions to follow in handling al...

Deep Dive 90 – The New Definition of WOTUS from 2020-02-24T21:17:17

The Trump Administration recently released its final rule defining “waters of the United States” under the Clean Water Act. This rule, called the “Navigable Waters Protection Rule” is the replacem...

Deep Dive 89 – The New DOJ-USPTO-NIST Policy Statement on Remedies for Infringement of Standard-Essential Patents from 2020-02-21T13:00

In December 2019, the Department of Justice, the U.S. Patent & Trademark Office, and the National Institute of Standards issued a joint policy statement on the legal remedies that should be availab...

Deep Dive 88 – The Whys and Hows of Commenting on Rules from 2020-02-19T11:17:37

Public notice and comment on rulemaking is a core requirement of the Administrative Procedure Act, and creates the administrative record on which any subsequent judicial review will be based. Yet ...

Explainer 11 – GDPR Compliance and Cybersecurity Concerns from 2020-02-18T11:48:34

In this episode, Ashley Baker and Neil Chilson discuss the implications for data security under recently-enacted privacy laws. Although data privacy regulations may shield your data from companies ...

Deep Dive 87 – The Dubious Morality of Modern Administrative Law from 2020-02-11T15:43

This podcast features audio from a recent event held at the University of California, Berkeley, featuring the insights of Richard Epstein and Daniel Farber. Epstein and Farber go to the philosophic...

Deep Dive 86 – Amazon's Case Against Trump from 2020-01-28T13:15:34

Amazon Web Services, Inc. (Amazon) has claimed in a lawsuit in the United States Court of Federal Claims that unlawful intervention by President Donald Trump deprived it of a $10 billion decade-lon...

Deep Dive 85 – State Regulators and the Gig Economy from 2020-01-24T12:00:32

Gig-economy companies like Uber, Lyft, DoorDash, and others have disrupted sectors across the economy. They’ve done so in part by using new technology to tap a large pool of independent workers. Th...

Tech Roundup 7 – Driverless Cars and Artificial Intelligence from 2020-01-21T15:28

In this episode, Adam Thierer and Caleb Watney discuss the emerging questions surrounding the progress of driverless car technology and its regulation.

Featuring:
- Adam Thierer, Se...

Tech Roundup 6 – Constitutional Concerns about State Privacy Regulation from 2020-01-10T09:40:03

Do recent state privacy rules, like California's CCPA, impinge on free speech, violate the dormant commerce clause, or are they preempted by other federal laws? Ian Adams and Jennifer Huddleston di...

Explainer Episode 10 – Did Harvard Admissions Discriminate Against Asians? from 2019-12-20T18:04:27

In Students for Fair Admissions, Inc. v. Harvard, it is alleged that Harvard admissions discriminated against Asian applicants. In this episode, Pacific Legal Foundation attorney Wen Fa discusses t...

Deep Dive 84 – What's Next for Fannie, Freddie, and Housing Finance Reform? from 2019-12-19T16:03:01

The Federal Housing Finance Agency (FHFA) oversees the administration of both Freddie Mac and Fannie Mae. What's next for the agency? What are the priorities that the agency should be pursuing? Thi...

Tech Roundup 5 – Section 230 from 2019-12-17T12:15:02

In this episode, experts discuss Section 230 of the Communications Decency Act, which protects platforms from liability for the content produced by users. Some legislators have recently floated the...

Explainer 9 – Biometric Information Privacy Act from 2019-12-12T14:05:34

This episode explores the implications of private rights of action under laws like Illinois' Biometric Information Privacy Act. Are the parameters around these private rights of action too vague an...

Explainer 8 – The Community Reinvestment Act from 2019-12-05T11:50:58

Passed in 1977, the Community Reinvestment Act (CRA) was intended to encourage banks and other financial institutions to lend to lower-income individuals in their communities. Has the CRA succeeded...

Deep Dive 83 – Medicare for All from 2019-11-26T12:29:03

In this episode, Roger Klein and Adam Broad debate the merits of the increasingly prominent "Medicare for All" proposal for healthcare. The discussion is moderated by Courtney Hughes.

Fe...

Explainer Episode 7 – Carpenter v. United States from 2019-11-18T18:13:31

In this episode, Ashley Baker and Jennifer Huddleston discuss the implications of the famous privacy case, in which the Supreme Court decided that the warrant-less seizure of the plaintiff's cell p...

Explainer 6 – Regulating Biometric Access Technologies from 2019-11-13T10:34:07

With emerging debates around facial recognition technology, the issue of regulating biometric access technologies has become more prominent. San Francisco, notably, has banned government use of fac...

Deep Dive Episode 82 – A Preview of County of Maui, Hawaii v. Hawaii Wildlife Fund from 2019-11-12T15:29:22

The oral argument for County of Maui, Hawaii v. Hawaii Wildlife Fund was heard before the Supreme Court on November 6, 2019. The issue at hand is: "Whether the Clean Water Act requires a permit whe...

Deep Dive 81 – Vertical Integration in Broadcasting: A Cause for Concern? from 2019-11-08T12:52:04

The broadcasting market used to be straightforward. It functioned on a linear model consisting of content companies, distribution channels and audiences. The advent of the internet disrupted that m...

Tech Roundup 4 – The Future of Drone Policy: A Discussion with Sen. Mike Lee from 2019-11-05T14:21:41

In this episode, Adam Thierer and Brent Skorup speak with Senator Mike Lee on the current state of drone regulation. The senator speaks to his proposal for a cooperative, federal solution to regula...

Deep Dive Episode 79 – An Update on Gundy v. United States from 2019-10-31T17:13:22

Last term in Gundy v. U.S., without Justice Kavanaugh the Court was split between a restoration of a substantial limitation on the administrative state and the status quo. In this case, as Justice ...

Deep Dive 80 – New Executive Orders Directing Agency Guidance from 2019-10-31T15:00:16

Deep Dive 78 – FTC’s 21st Century Hearings from 2019-10-28T17:01:59

With the conclusion of the Federal Trade Commission’s 21st Century Hearings, the agency is finalizing several reports concerning the state of competition in the US, vertical mergers, the consumer w...

Deep Dive 77 – Book Review: The Capitalism Paradox: How Cooperation Enables Free Market Competition from 2019-10-24T13:41:31

In this episode, Paul Rubin, the world’s leading expert on cooperative capitalism, discusses his new book, The Capitalism Paradox: How Cooperation Enables Free Market Competition. Rubin explains ho...

Deep Dive Episode 76 – State-Sponsored Piracy? The Allen v. Cooper Case from 2019-10-23T17:00

What happens when a state agency uses without authorization copyrighted videos and pictures of Blackbeard’s famous pirate ship, the Queen Ann’s Revenge? Is this an act of state-sanction...

Deep Dive 75 – Spectrum Wars from 2019-10-22T13:49:20

With the advent of mobile devices, ubiquitous home laptop, tablet and iPad computers, content streaming and more, the need for wireless service is forever on the rise in the United States. Industry...

Deep Dive 74 – A Discussion on Current Department of Labor Priorities from 2019-10-17T17:00

The Department of Labor administers and enforces more than 180 federal laws, with mandates and regulations that affect workplace activities for about 10 million employers and 125 million workers. S...

Deep Dive 73 – Balancing Federal and State Authority in Energy Policy from 2019-10-15T17:00

In statutes such as the Federal Power Act and Clean Water Act, Congress divided responsibility for oversight of energy generation and transmission projects between federal agencies and the States. ...

Deep Dive 72 – The Net Neutrality Saga: Mozilla v. FCC from 2019-10-10T11:01:40

Earlier in October, the D.C. Circuit issued its long-awaited opinion in Mozilla v. Federal Communications Commission in which the court largely upheld the Commission’s 2017 Restoring Internet Freed...

Tech Roundup 3 – The Download on California's New Privacy Proposal from 2019-10-08T15:45:23

This podcast features a fascinating back-and-forth on the implications of new amendments to California's privacy law, CCPA (California Consumer Privacy Act). Is California setting the law of the la...

Deep Dive 71 – Accounting for Race 101: Virginia Universities and Racial Preferences from 2019-10-07T15:47:10

On September 10, 2019, The Federalist Society hosted a luncheon cosponsored with the Center for Equal Opportunity (CEO). CEO released and presented a new study and report entitled “Race and Ethnici...

Deep Dive 70 – Independent Contractor Or Employee from 2019-10-04T15:45:54

The status of independent contractors in California has been hotly debated over the past year, with the landmark California Supreme Court decision in Dynamex and with the resulting debate over Cali...

Explainer 5 – Arizona's Licensing Reform from 2019-10-02T10:11:27

What are the costs and benefits of occupational licensing? Why do many believe that the laws around licensing ought to be reformed, and what has Arizona been doing to address these concerns? Jon Ri...

Deep Dive 69 – SOX Auditor Attestation Requirements from 2019-09-25T12:00

Is “investor protection” coordinated sufficiently with “promotion of capital formation”? This teleforum will consider this question in connection with recent public rulemaking developments at the S...

Deep Dive 68 – Challenges in Regulating Cybersecurity at the Department of Defense from 2019-09-20T14:16:12

In this episode, Alexander Major and Franklin Turner, nationally recognized commentators in this area, will discuss the recent changes to critical requirements promulgated by the National Institute...

Tech Roundup 2 – The Techlash: Big Tech and Antitrust from 2019-09-16T11:19:18

"Techlash" refers to a growing public concern over the behavior of big technology companies and the call for government action to curtail what are seen as abusive practices. Figures on the right an...

Explainer 4 – Civil Rights and Vanity Plates from 2019-09-12T12:55:47

Jon Kotler, a California fan of the London soccer club Fulham FC, wanted to put the letters "COYW" on his license plate. The letters stand for a common phrase that Fulham fans use to support their ...

Deep Dive 67 – The New Endangered Species Act Regulations from 2019-09-05T14:18:39

The Endangered Species Act has been credited with preventing extinctions but criticized for failing to recover species and imposing unfair burdens on property owners. Recently, the U.S. Fish and Wi...

Explainer 3 – EPA's New Clean Air Act Rules from 2019-09-04T10:35:33

In this episode, Jeff Holmstead and Megan Herzog discuss the recent rule change from the EPA on emissions standards. The Affordable Clean Energy plan replaces the Obama-era Clean Power Plan. The re...

Tech Roundup 1 – The Brave New World of Deep Fakes from 2019-08-29T16:42:39

In this inaugural Tech Roundup podcast, experts discuss various questions raised by "deep fake" technology, in which machine learning algorithms are used to create synthetic videos and photos. What...

Explainer 2 – The Dynamex Decision and its Implications for Independent Contractors from 2019-08-26T15:16:24

In 2018, the California Superior Court announced a new test for determining whether a worker is an employee or an independent contractor. In this Explainer podcast episode, Luke Wake of the Nationa...

Explainer 1 – The Green New Deal from 2019-08-22T10:21:49

In this inaugural episode of the Regulatory Transparency Project's Explainer podcast series, Ann Carlson and James Coleman discuss the merits and implications of the Green New Deal.

Wha...

Deep Dive 66 – Americans with Disabilities Act Litigation Enters a New Frontier – Websites from 2019-07-26T14:12:31

Title III of the Americans with Disabilities Act requires public accommodations be accessible to the disabled community. Since its enactment in 1991, it has been understood that any store, restaura...

Deep Dive Episode 65 – Subdelegations of Rulemaking Power and the Appointments Clause from 2019-07-23T17:00:57

The strictures of the Appointments Clause are receiving renewed attention in the courts, including the Supreme Court. A year ago, the High Court ruled that the SEC’s administrative law judges...

Deep Dive 64 – The Federal Reserve and Real-Time Payment Systems from 2019-07-16T12:00

The Federal Reserve plays a central role in the nation’s payment systems. Reserve banks keep currency in circulation to meet demand, provide check collection services to banks, operate payment syst...

Deep Dive 63 – Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance? from 2019-07-10T15:42:05

On June 18, 2019, the Federalist Society's Article I Initiative and Regulatory Transparency Project hosted a panel on "Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?" at the...

Deep Dive 62 – An Update on Kisor v. Wilkie from 2019-07-03T15:23:39

Last week the Supreme Court decided the much-anticipated Kisor v. Wilkie case. The Court had granted certiorari in Kisor to decide whether to overrule Bowles v. Seminole Rock & Sand Co., 325 U.S. 4...

Deep Dive 61 – Gundy v. United States: Revisiting the Nondelegation Doctrine, or Not? from 2019-06-28T14:30:26

The U.S. Supreme Court’s decision in Gundy v. United States disappointed some observers who were hoping that the Court would use the case to reinvigorate the nondelegation doctrine. Will the 4-1-3...

Deep Dive 60 – Juliana v. United States from 2019-06-25T09:12:55

On June 4, 2019, a Ninth Circuit panel heard oral argument in a high-profile interlocutory appeal in Juliana v. United States, regarding whether the U.S. Constitution gives rise to cognizable const...

Deep Dive 59 – Cedar Point Nursery v. Shiroma from 2019-06-17T12:40:41

On May 8, 2019, the Ninth Circuit issued a 2-1 decision in Cedar Point Nursery v. Shiroma. In Cedar Point, California agricultural growers asked the court to invalidate an Agricultural Labor Relati...

Deep Dive 58 – LIBOR – Will a $200 Trillion Global Benchmark Disappear – or Not? from 2019-06-13T14:38:20

LIBOR is a hugely important interest rate benchmark, used globally and embedded in over $200 trillion of financial contracts. It has its notable shortcomings, including having been subject to scand...

Deep Dive 57 – Payday Lending Loans from 2019-06-05T10:37:23

One of the final acts of former Bureau of Consumer Financial Protection (CFPB) Director Richard Cordray before he left to run for Governor of Ohio in 2017 was the issuance of a comprehensive rule g...

Deep Dive 56 – Loan Shark Prevention Act from 2019-05-31T12:05:28

Recently, members of the United States Senate and United States House of Representatives have introduced the "Loan Shark Prevention Act," which imposes a nationwide 15% interest rate ceiling on all...

Deep Dive 55 – Regulatory Reform Report Card: Agency General Counsel Perspective from 2019-05-28T10:38:20

This episode brings you the audio from the opening panel of the Federalist Society's 7th annual Executive Branch Review Conference. The panel featured Counsels from the Department of Transportation...

Deep Dive 54 – Department of Interior Considers Rulemaking on the Right to Use Eagle Feathers in Religious Exercise from 2019-05-23T09:09:03

It is currently a federal crime, under the Bald and Golden Eagle Protection Act, for many Native Americans to possess eagle feathers for religious use. Congress authorized the Department of the Int...

Deep Dive 53 – Analyzing the Regulatory Thicket from 2019-05-20T15:00:35

Regulation is a pervasive and increasingly a contentious issue in 21st Century America. The propriety of any given regulatory imposition may be debatable; however, in this discussion we address big...

Deep Dive 52 – Race In Admissions: Texas Tech Medical School from 2019-05-15T11:44:36

The Texas Tech Medical School recently approved an agreement with the United States Department of Education's Office for Civil Rights, to end the use of racial preferences in their admissions proce...

Deep Dive 51 – Emerging Tech and Regulation from 2019-05-13T12:16:22

This Deep Dive episode brings you the audio from the final panel at the Pepperdine Law Review's 2019 Symposium "Regulating Tech: Present Challenges and Possible Solutions". In this panel, leading t...

Deep Dive 50 – Analyzing the New Proposed Rule Defining “Waters of the United States" from 2019-05-10T10:28:18

On February 14, 2019, the Environmental Protection Agency and the U.S. Army Corps of Engineers published a proposed rule defining “waters of the United States” under the Clean Water Act (CWA). This...

Deep Dive 49 – How Should the IRS Handle Cryptocurrencies? from 2019-05-01T15:26:23

Cryptocurrencies have been around for 10 years, but there remains significant ambiguity in the tax consequences of their use. A recent report by Coin Center identifies six of those ambiguities and ...

Deep Dive 48 – The Wage&Hour Trifecta: DOL Proposals on Overtime Exemptions, the Overtime Calculations, and Joint Employment from 2019-04-30T12:00:44

After over two years of regulatory inactivity, the Wage and Hour Division of the U.S. Department of Labor recently published three proposals to revise the FLSA regulations – on joint employment, th...

Deep Dive 47 – The Songwriting Industry and Antitrust Consent Decrees from 2019-04-25T15:00

Most people would be surprised to discover that music is among the most regulated of all the products and services they enjoy each day. Through a combination of historical accidents, momentum, and ...

Deep Dive 46 – Big Tech, Competition, and Antitrust Enforcement from 2019-04-24T13:00:33

Senator Elizabeth Warren recently claimed that big tech companies like Amazon, Google, and Facebook have grown into monopolies that make it effectively impossible for smaller competitors to gain a ...

Deep Dive 45 – Percolating in Washington State: Export-Terminal Permit-Denial Suit Implicates Federalism and Foreign Commerce from 2019-04-19T14:05:04

This Deep Dive episode brings you the audio from a recent teleforum co-hosted by the Regulatory Transparency Project and the Federalist Society's Environmental Law & Property Rights Practice Group....

Deep Dive 44 – Pepperdine Law Review’s 2019 Symposium Keynote Address: Roger Alford from 2019-04-16T14:16:47

This Deep Dive episode brings you the audio from the keynote address at the 2019 Pepperdine Law Review Symposium: "Regulating Tech: Present Challenges and Possible Solutions". In this keynote, Roge...

Deep Dive 43 – Re-Considering Co-Benefits in Environmental Regulation from 2019-04-09T11:35:06

This Deep Dive episode brings you the recording of a teleforum co-sponsored with the Federalist Society’s Environmental Law practice group.

In this episode, Adam Gustafson and Daniel Far...

Deep Dive 42 – Populist Antitrust from 2019-04-04T13:56:35

This Deep Dive episode brings you the recording of the second panel from the Pepperdine Law Review's 2019 Symposium "Regulating Tech: Present Challenges and Possible Solutions".

In this ...

Deep Dive 41 – General Data Protection Regime&California Consumer Privacy Act from 2019-04-02T14:08:21

This Deep Dive episode brings you the recording of the first panel from the Pepperdine Law Review's 2019 Symposium "Regulating Tech: Present Challenges and Possible Solutions".

In this p...

Deep Dive 40 – Kisor v. Wilkie from 2019-04-01T15:05:35

On Wednesday, March 27th, the Supreme Court heard oral argument in Kisor v. Wilkie. The Supreme Court granted certiorari in Kisor to decide whether to overrule Bowles v. Seminole Rock & Sand Co., 3...

Deep Dive 39 – Pepperdine Law Review’s 2019 Symposium Opening Address: Qualcomm’s Donald J. Rosenberg from 2019-03-29T14:06:13

This Deep Dive episode brings you the opening address from the Pepperdine Law Review’s 2019 Symposium “Regulating Tech: Present Challenges and Possible Solutions”. The address was delivered by Dona...

Deep Dive 38 – The Debate Over the SEC's Accredited Investor Standard from 2019-02-06T11:00:30

This live podcast will consider the U.S. Securities and Exchange Commission’s accredited investor standard. This standard is used as a screen to determine the group of investors eligible to invest ...

Deep Dive 37 – Fintech Licensing and the OCC Charter from 2019-01-10T12:00:24

Innovations in financial technology have enabled financial services to be provided in new ways and by new competitors, but under old rules. One area of tension is the role of federalism in a world ...

Deep Dive 36 – What Should the FHFA's 2019 Agenda Be? from 2019-01-08T12:00:23

January 7, 2019 starts a new leadership era for the Federal Housing Finance Agency, as the new Acting Director from the Trump Administration, Joseph Otting, takes office, with the nomination of Mar...

Deep Dive 35 – Examining the California Consumer Privacy Act from 2018-09-05T11:00:27

On June 28, 2018, the California legislature enacted the California Consumer Privacy Act of 2018 (“CCPA”). This legislation follows more than two decades of debate about potential federal privacy r...

Deep Dive 34 – Net Neutrality and Federalism from 2018-07-13T12:00:10

Despite the Federal Communication Commission’s decision in December 2017 to eliminate the common carrier regulations for Internet services — the so-called net neutrality rules the FCC created in 20...

Deep Dive 33 – Visiting the EPA’s CAFE: What's on the Menu for Fuel Economy and Greenhouse Gas Standards? from 2018-06-29T12:00:48

EPA Administrator Scott Pruitt and Secretary of Transportation Elaine Chao are proposing to roll back the Obama Administration’s fuel economy and greenhouse gas standards for model years 2022 to 20...

Deep Dive 32 – What to do about Facebook: On Data Privacy and the Future of Tech Regulation from 2018-06-07T12:00:22

Facebook is not getting many "likes" these days following revelations that Cambridge Analytica accessed personal information about Facebook users without obtaining clear consent. The reaction from ...

Deep Dive 31 – Tennessee Licensing Board Alarmed by Entrepreneur’s Facial Recognition Software from 2018-05-07T12:00

Adam Jackson became a highly trained U.S. soldier who provided cutting-edge security to military bases and embassies. Now as a civilian, he seeks to provide similar protection for American communit...

Deep Dive 30 – Arizona Dumps Deference: The Beginning of the End for Chevron? from 2018-05-01T12:00

We live in a system where regulators make rules, investigate alleged violations of the rules, and then adjudicate those violations before an Administrative Law Judge who is a member of the agency. ...

Deep Dive 29 – Analyzing how EPA is Addressing “Secret Science” from 2018-04-24T12:00:32

EPA Administrator Scott Pruitt announced that his agency would no longer allow the use of “secret science” in developing federal regulations. Specifically, the agency will only use scientific studi...

Deep Dive 28 – Virginia’s (Un)happy Hour: Is the State Restricting Ads and Economic Rights? from 2018-04-18T14:00

In Virginia, it’s perfectly legal to have a happy hour; it’s just illegal to talk about it. The state has several advertising restrictions that opponents claim are outdated and prevent businesses f...

Deep Dive 27 – Self-Driving Vehicles: Addressing the Challenges of Groundbreaking Innovation from 2018-04-04T12:00:47

Self-driving vehicles may be on American roads sooner than many think. As a result, the Department of Transportation and National Highway Traffic Safety Administration have been increasingly focuse...

Deep Dive 26 – Is the FDA’s Rule on Cigars&Vaping Products Constitutional? from 2018-04-03T12:00

Invoking the Tobacco Control Act, the FDA issued an omnibus regulation of cigars, pipe tobacco, and vaping products in 2016. That Rule required all of these products to go through an FDA review pro...

Deep Dive 25 – The Commenting Power: Agency Accountability through Public Participation from 2018-03-21T12:00:22

Did you know that you have a say in the U.S. government’s regulatory process?

The Administrative Procedure Act (APA) requires that most regulations promulgated by administrative agencies...

Deep Dive 24 – Regulatory Scorecard: A Conversation with Administrator Neomi Rao from 2018-02-08T12:00:42

In 2017, the U.S. experienced a dramatic shift in regulatory policy at the federal level. This shift is attributable to a new presidential administration that has made regulatory reform a priority....

Deep Dive 23 – En Banc D.C. Circuit Upholds CFPB Constitutionality from 2018-02-05T10:45:01

On Wednesday, January 31, the full United States Court of Appeals for the District of Columbia Circuit voted 7-3 to uphold the Consumer Financial Protection Bureau (CFPB) against a separation-of-po...

Deep Dive 22 – Fintech and Federal Alternatives to State Money Transmission Licensing from 2018-01-31T12:00:38

Today's money transmitters are Internet businesses. The money is digital, it might even be cryptocurrency. The business can have customers in every state and nation from day one. The services are d...

Deep Dive 21 – Shining a Light on Regulatory Dark Matter: Regulating Through Guidance from 2018-01-24T12:00:38

For many years, concerns have been raised that the development and use of guidance documents by agencies should be better managed and more transparent and accountable. There also has been growing c...

Deep Dive 20 – The 2017 Mercatus Report: The Implications of Regulating Over the Long-Term from 2018-01-23T12:00:20

Federal regulations have accumulated over many decades, so much that it would require over three years to read through them all if you started today. The buildup of regulations over time leads to d...

Deep Dive 19 – Does the Migratory Bird Treaty Act Prohibit Incidental or Accidental Killing? from 2018-01-17T12:00

Pursuant to a modern interpretation of a 100-year old law, every American who owns a cat, drives a car, or owns a home with windows is a potential criminal. The Migratory Bird Treaty Act is a stri...

Deep Dive 18 – Regulatory Hurdles for Entrepreneurs: The Story of Project Belle from 2018-01-16T12:00:28

Armand Lauzon created a cutting-edge business called Project Belle. Belle is a service that connects consumers directly with health and beauty professionals for in-home or at-work care in Tennesse...

Deep Dive 17 – Off-Label Promotion and Free Speech in Medicine from 2018-01-11T12:00

Federal regulation strictly limits how pharmaceutical companies share information about the legal use of their products. Companies that promote or advertise the use of medicines or medical devices ...

Deep Dive 16 – Is the Newest Part of the Copyright Act Antiquated? from 2018-01-02T09:48:31

Is the Newest Part of the Copyright Act Antiquated? Unchaining Creativity and Innovation.

Nearly twenty years ago, Congress passed the Digital Millennium Copyright Act (DMCA) to combat o...

Deep Dive 15 – Exploring Net Neutrality and the Implications of Repeal from 2017-12-14T15:42:03

For about a decade, some legal scholars have urged the Federal Communications Commission (FCC) to regulate the Internet to ensure "net neutrality," a content nondiscrimination standard for Internet...

Deep Dive 14 – Discussion on the Wassenaar Arrangement from 2017-11-03T14:40:56

Should software be regulated like a military weapon? That's the direction in which most Western nations seem to be moving, under the guidance of the international Wassenaar Arrangement governing in...

Deep Dive 13 – Discussion on U.S. Treasury Reports from 2017-10-16T09:52:52

On Friday, October 6, Treasury issued the second of its reports to the President on Core Principles for Financial Supervision. When it comes to financial regulation, the Treasury Department has lit...

Deep Dive 12 – Can Government Regulation Keep Pace with Emerging Technology? from 2017-10-05T09:15:43

On this episode of the Fourth Branch podcast, Gregory McNeal, Pepperdine Law Professor and Chairman of the RTP’s IT and Emerging Technology working group, partners with Mercatus Senior Research Fel...

Deep Dive 11 – Heimlich Maneuver on Operation Choke Point? from 2017-08-28T17:03:45

On August 16, the Department of Justice issued a letter repudiating the Department’s participation in an initiative known as “Operation Choke Point” during the Obama administration. Operation Choke...

Deep Dive 10 – Is There a "Death Squad" at the U.S. Patent Office?: Examining the Patent Trial and Appeal Board from 2017-08-21T16:41:15

In 2011, Congress created a new administrative tribunal in the U.S. Patent Office with the power to cancel previously granted patents, called the Patent Trial and Appeal Board (PTAB). The PTAB was ...

Deep Dive 9 – Bureaucracy in America from 2017-08-11T15:05:42

Administrative agencies, and extensive regulation of the economy, have always existed in America. But from the founding to 1900, agencies were constrained by basic principles of representation, sep...

Deep Dive 8 – Cardiac Arrest: A Cautionary Tale from 2017-08-03T15:52:12

Howard Root started Vascular Solutions, a medical device company, from scratch. Fifteen years later, his Minnesota company had created over 500 American jobs and developed more than 50 new medical ...

Deep Dive 7 – IoT: Rise of the Machines? from 2017-07-28T16:30:11

The Internet of Things (IoT) refers to the connection of various devices to the Internet. The Internet of Things (IoT) is growing in prominence almost exponentially. Today, manufacturers are creati...

Deep Dive 6 – Laws, Regulations, and “Regulatory Dark Matter” from 2017-07-20T16:39:20

Congress passes and the President signs several dozen laws every year. Meanwhile, federal departments and agencies issue well over 3,000 regulations of varying significance. Does Congress have a cl...

Deep Dive 5 – LabMD v. FTC: A David Against Goliath Story from 2017-07-19T18:03:25

Mike Daugherty is the CEO of LabMD, a medical testing lab. He has spent most of the last decade defending his company against charges that it had deficient cybersecurity practices. The early years ...

Deep Dive 4 – “Uber of the Sky”: The Story of Flytenow from 2017-07-17T21:20:20

Flytenow was a ridesharing platform for small planes. The company was founded by two pilots, Alan Guichard and Matt Voska. This kind of cost-sharing arrangement was explicitly authorized by the Fed...

Deep Dive 3 – SEC Increased Use of Administrative Proceedings and “The $2,200 Man” from 2017-06-22T19:56:47

In many federal investigations, a regulatory agency must bring legal action against a company or individual through the traditional court system. However, some regulatory agencies, like the Securit...

Deep Dive 2 – Regulatory Transparency Project: What and Why? from 2017-06-09T21:18:17

We have grown accustomed to modern government issuing and enforcing new rules to protect certain public goods, but regulations also have the potential to stifle innovation and harm the most vulnera...

Deep Dive 1 – Introduction from 2017-06-09T21:12

Devon Westhill introduces and describes the Regulatory Transparency Project's podcast series.

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