Latest Arbitrary & capricious Podcast Episodes
NYU Rule of Law Symposium Panel 1: What is "The Rule of Law" in Administrative Law?
Gray Matters - March 06, 2023 16:33 - 1 hour ★★★★★ - 5 ratingsProfessors Noah A. Rosenblum, Thomas W. Merrill, and Philip Hamburger talk about what the rule of law means in the context of administrative law on a panel moderated by Judge Rachel P. Kovner. The discussion came out of a forthcoming symposium in the NYU Journal of Law & Liberty and took place on...
Virginia's New Approach to Regulatory Analysis
Gray Matters - February 20, 2023 22:47 - 44 minutes ★★★★★ - 5 ratingsAdam White and Jace Lington chat with Andrew Wheeler and Reeve Bull about Virginia Governor Glenn Youngkin’s new approach to regulatory policy. They discuss the commonwealth’s new Regulatory Economic Analysis Manual and how it will change the way Virginia regulatory agencies approach their work. ...
Symposium on Administrative Law in the States
Gray Matters - February 09, 2023 14:29 - 1 hour ★★★★★ - 5 ratingsOn January 9, 2023, the C. Boyden Gray Center hosted a symposium, “Administrative Law in the States,” with the Harvard Journal of Law & Public Policy and the Harvard Federalist Society. It featured the following participants: -Justice Brian Hagedorn, Wisconsin Supreme Court -Judge Jeffrey S. Sutt...
Do Public Sector Unions Make Government Unaccountable?
Gray Matters - January 24, 2023 15:46 - 47 minutes ★★★★★ - 5 ratingsAdam White and Jace Lington chat with Philip K. Howard about the problems public unions create for modern governance, the subject of his new book, Not Accountable: Rethinking the Constitutionality of Public Employee Unions. They discuss specific challenges faced by executive officials at the loca...
The Promise and the Peril of AI in the Workplace
Gray Matters - December 15, 2022 17:23 - 52 minutes ★★★★★ - 5 ratingsAdam White and Jace Lington chat with EEOC Commissioner Keith Sonderling and his chief counsel, Brad Kelley, about how to address the threat of employment discrimination posed by artificial intelligence tools, the subject of their new article in the University of Miami Law Review. They discuss ho...
Administrative Law Abroad: The View from Poland
Gray Matters - December 12, 2022 19:42 - 43 minutes ★★★★★ - 5 ratingsWhat do American and European administrative law have in common? How do they differ? And what might Americans and Europeans learn from each other? These questions were on the mind of Prof. Przyemyslaw Ostojski when he visited the Gray Center this year. As a professor at the Academy of Justice in ...
The FTC's Litigation: In Court and In-House
Gray Matters - November 23, 2022 19:27 - 1 hour ★★★★★ - 5 ratingsThis episode is from the fourth panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Ashley Baker, Director of Public Policy, Committee for Justice Justin (Gus) Hurwitz, Professor of Law, Nebraska Coll...
The FTC and the Roberts Court: The Major Questions Doctrine, Rulemaking, and More
Gray Matters - November 19, 2022 00:38 - 1 hour ★★★★★ - 5 ratingsThis episode is from the third panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Jeffrey S. Lubbers, Professor of Practice in Administrative Law, Washington College of Law, American University Thoma...
Keynote Speech by William E. Kovacic
Gray Matters - November 15, 2022 02:44 - 51 minutes ★★★★★ - 5 ratingsThis episode is from the Keynote Speech of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It was given by William E. Kovacic, Director, Competition Law Center; Global Competition Professor of Law and Policy; Professor of Law, The George Wa...
The FTC's Independence After Seila Law v. CFPB
Gray Matters - November 11, 2022 01:54 - 1 hour ★★★★★ - 5 ratingsThis episode is from the second panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Svetlana Gans, Partner, Gibson, Dunn & Crutcher LLP Jennifer Mascott, Assistant Professor of Law & Co-Executive Dire...
American Antitrust Law: Where Are We, and Where Are We Going?
Gray Matters - November 07, 2022 20:39 - 1 hour ★★★★★ - 5 ratingsThis episode is from the first panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Andrew I. Gavil, Professor of Law, Howard University School of Law Thomas Hazlett, H.H. Macaulay Endowed Professor of...
Regulatory Budgeting: Past and Future
Gray Matters - October 26, 2022 17:22 - 54 minutes ★★★★★ - 5 ratingsAdam White and Jace Lington chat with Anthony P. Campau about his experience with regulatory budgeting during the Trump administration. They discuss Campau’s recent paper, Regulatory Budgeting in the U.S. Federal Government: A First-Hand Account of the Initial Experience and Recommendations for F...
Regulate Big Tech?
Gray Matters - October 06, 2022 17:40 - 58 minutes ★★★★★ - 5 ratingsAdam White and Jace Lington chat with NYU Law Professor Richard Epstein and Meta Oversight Board Member John Samples about the debate surrounding whether and how to regulate Big Tech companies. They discuss Epstein and Samples’ recent papers, published as part of the Digital Platforms and America...
The Pulse of the Court: Separation of Powers, Criminal Law, & Petitions from the Second Circuit
Gray Matters - September 26, 2022 17:15 - 49 minutes ★★★★★ - 5 ratingsJoin Prof. Steve Vladeck (U-Texas) & Prof. Jenn Mascott who discuss Prof. Mascott’s amicus brief in Nordlicht v. U.S. (21-1319), distributed for the Court’s 9/28 conference this week, that addresses Blackstone, Rule 33 motions, and a deep circuit split & Prof. Vladeck’s recently filed petition in...
The Administration of Criminal Justice
Gray Matters - September 14, 2022 16:48 - 53 minutes ★★★★★ - 5 ratingsAdam White and Jace Lington chat with NYU Professor Rachel E. Barkow about Florida Governor Ron DeSantis suspending a state attorney for announcing his intention not to prosecute certain cases involving abortion and other politically charged issues. They discuss how prosecutorial discretion works...
Rediscovering the Roots of Administrative Procedure
Gray Matters - August 24, 2022 21:25 - 57 minutes ★★★★★ - 5 ratingsAdam White and Jace Lington talk with Emily Bremer from the University of Notre Dame Law School about the Administrative Procedure Act and her two recent law review articles about how the original understanding of administrative rulemaking and adjudication differs from current practice. They also...
Major Questions About the Future of the Chevron Doctrine
Gray Matters - July 20, 2022 21:36 - 53 minutes ★★★★★ - 5 ratingsAdam White and Jace Lington, Research Director at the Gray Center, chat with Columbia Law School Professor Thomas W. Merrill about his new book: The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State. They discuss theChevron doctrine, how to think about judicial revie...
Pulse of the Court: West Virginia v. EPA Reaction
Gray Matters - July 01, 2022 17:44 - 52 minutes ★★★★★ - 5 ratingsProfessor Jenn Mascott is joined by Chad Squitieri, associate at Gibson, Dunn, & Crutcher LLP and Eli Nachmany, Senior Research Fellow at the C. Boyden Gray Center, to discuss the Supreme Court’s ruling in West Virginia v. EPA and what it means for the administrative state moving forward. Source
Keynote Conversation with Ambassador C. Boyden Gray
Gray Matters - June 08, 2022 00:35 - 46 minutes ★★★★★ - 5 ratingsBoyden Gray, former White House Counsel and U.S. Ambassador to the European Union, chats with Gray Center Co-Executive Director Jennifer Mascott, where he described how Congress has changed over the decades, talked about his experiences as a law clerk at the US Supreme Court and as White House Co...
Congress, Jurisdiction, Process, & the Institution of the Supreme Court
Gray Matters - June 02, 2022 16:51 - 1 hour ★★★★★ - 5 ratingsThis panel discussion, from the Gray Center’s May 25 Capitol Hill Conference, consisted of a timely discussion on the leaked Dobbs draft opinion and the implications of this relating to the institution of the Supreme Court. It featured Hunton Andrews Kurth Special Counsel The Honorable Thomas B. ...
Congress Versus the Executive
Gray Matters - May 31, 2022 18:53 - 1 hour ★★★★★ - 5 ratingsThis panel discussion, from the Gray Center’s May 25 Capitol Hill Conference, focused on how Congress can exercise effective oversight authority to get nonpublic information from the Executive Branch. It featured Sidley Austin LLP partner William R. Levi, Jones Day partner Hashim M. Mooppan, and ...
The Nondelegation Doctrine
Gray Matters - May 10, 2022 15:42 - 43 minutes ★★★★★ - 5 ratingsAdam chats with AEI’s Peter Wallison and John Yoo about their new book: The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine. They discuss common arguments about the nondelegation doctrine and whether the US Supreme Court is likely to start applying the do...
Lunchtime Conversation Featuring The Honorable Paul D. Clement
Gray Matters - May 05, 2022 15:27 - 38 minutes ★★★★★ - 5 ratingsEd Whelan, Distinguished Senior Fellow at the Ethics and Public Policy Center, chats with Paul D. Clement, 43rd Solicitor General of the United States, about Clement’s experience with religious liberty cases leading up to the 110th case he has argued before the US Supreme Court, Kennedy v. Bremer...
Religious Liberty and the Supreme Court
Gray Matters - May 02, 2022 15:59 - 1 hour ★★★★★ - 5 ratingsAttorneys Nathan Lewin, Erin E. Murphy, Mark Rienzi, and Marc D. Stern talk about upcoming religious liberty cases before the US Supreme Court in a panel discussion moderated by former Assistant Attorney General Steven A. Engel. The panelists debate the potential impact of Supreme Court rulings i...
Religious Liberty, Government Regulation, and the Public Square
Gray Matters - April 28, 2022 16:13 - 1 hour ★★★★★ - 5 ratingsMatt Bowman of Alliance Defending Freedom, Andrea R. Lucas of the Equal Employment Opportunity Commission, and Roger T. Severino of the Ethics and Public Policy Center talk about developing policy challenges related to the free exercise of religion in a panel discussion moderated by D.C. District...
Submerged Independent Agencies: With Brian D. Feinstein
Gray Matters - April 26, 2022 14:39 - 39 minutes ★★★★★ - 5 ratingsAdam chats with Wharton School Assistant Professor Brian D. Feinstein about his new paper, “Submerged Independent Agencies,” co-authored with the University of Chicago Law School’s Jennifer Nou. The paper covers hundreds of examples of administrative agency officials sub-delegating rulemaking pow...
The Gray Lecture on the Administrative State Panel Discussion: The Future of Independent Agencies After Seila and Collins
Gray Matters - March 31, 2022 15:53 - 1 hour ★★★★★ - 5 ratingsOn March 18, the Gray Center hosted the First Annual Gray Lecture on the Administrative State, an event that we hope to make a keynote of our calendar each year. This included a panel discussion, featuring Professors John Harrison, Aaron Nielson and Aditya Bamzai, along with Gray Center Co-Execut...
Controlling Rent Control: Andrew Pincus on his Constitutional Case Against New York City
Gray Matters - March 10, 2022 15:47 - 31 minutes ★★★★★ - 5 ratingsLast month, the Second Circuit heard oral arguments in Community Housing Improvement Program v. City of New York, a constitutional challenge to New York’s Rent Stabilization Law. The plaintiffs argue that New York’s law violates the Constitution’s Due Process and Takings Clauses. To discuss the c...
“The Pulse of the Court”: Lawsuits Against Government Officers & the February Sitting
Gray Matters - March 03, 2022 19:14 - 37 minutes ★★★★★ - 5 ratingsSteven Engel Today, in the Gray Center’s “Pulse of the Court” podcast series, Steve Engel of Dechert LLP and Jenn discuss the just-completed February oral argument sitting at the Supreme Court. They focus primarily on the final case of the sitting, Egbert v. Boule, which raises important question...
The Administrative State Goes to Court: A “Halftime” Analysis of the Supreme Court’s Term
Gray Matters - February 01, 2022 17:15 - 1 hour ★★★★★ - 5 ratingsPlease join us for a conversation on the Supreme Court’s term so far, and the cases soon to be heard. Halfway through the Supreme Court’s term, the Justices already have issued decisions with major consequences for the administrative state — most recently, its decisions on the OSHA and HHS vaccin...
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