Latest Arbitrary & capricious Podcast Episodes
“Major Questions,” Major Stakes: Kristin Hickman and Gillian Metzger on the OSHA Vaccine Mandate Case
Gray Matters - January 24, 2022 16:36 - 53 minutes ★★★★★ - 5 ratingsWhen the Supreme Court ruled that OSHA’s Covid vaccine mandate was unlawful, Justice Gorsuch wrote separately that the Court’s decision “rightly applies the major questions doctrine.” The Major Questions Doctrine has been increasingly important in the Supreme Court and lower courts’ decisions, am...
Laboratories of Democracy: State Trends in Administrative Law
Gray Matters - January 18, 2022 17:00 - 47 minutes ★★★★★ - 5 ratingsLouis Brandeis famously wrote that “a single courageous State may, if its citizens choose, serve as a laboratory” for government reform. Today we see many states becoming laboratories for the reform of administrative law. Last year, the Gray Center hosted a roundtable to discuss new research on a...
The Pulse of the Court: Recap of the Supreme Court Arguments on the Vaccine-or-Testing Mandate
Gray Matters - January 10, 2022 16:11 - 39 minutes ★★★★★ - 5 ratingsOn Friday, the Supreme Court heard oral arguments on the legality of the Occupational Safety and Health Administration’s (“OSHA”) vaccination-or-test mandate. The parties challenging the mandate contend that it is unprecedented in the breadth of its assertion of authority. On this podcast, Profes...
The Road to Better Administration: DJ Gribbin on Infrastructure
Gray Matters - December 15, 2021 16:57 - 45 minutes ★★★★★ - 5 ratingsWhen President Biden signed the new infrastructure law in mid-November, most attention was focused on the money it will spend, and the projects it might fund. But infrastructure expert DJ Gribbin was focused on a subtler part of the law: Title VIII’s provisions for “Federal Permitting Improvement...
Evening Lecture: Justice Thomas’s Thirty-Year Legacy on the Court
Gray Matters - November 22, 2021 16:52 - 58 minutes ★★★★★ - 5 ratingsOn October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought t...
Advocacy in the Thomas-era Court
Gray Matters - November 18, 2021 19:09 - 1 hour ★★★★★ - 5 ratingsOn October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought t...
Conversation with Michael Pack, producer and developer of the documentary “Created Equal: Justice Thomas in His Own Words” (Justice Thomas’s Thirty-Year Legacy on the Court”)
Gray Matters - November 15, 2021 16:52 - 1 hour ★★★★★ - 5 ratingsOn October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brou...
Conversation with Michael Pack, producer and developer of the documentary “Created Equal: Justice Thomas in His Own Words” (Justice Thomas’s
Gray Matters - November 15, 2021 16:52 - 1 hour ★★★★★ - 5 ratingsOn October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought t...
Constitutional Liberties: First Amendment, Religion, Race, and Natural Law (Justice Thomas’s Thirty-Year Legacy on the Court)
Gray Matters - November 12, 2021 19:49 - 1 hour ★★★★★ - 5 ratingsOn October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought t...
Safeguarding the Structural Constitution: Federalism and the Separation of Powers (Justice Thomas’s Thirty-Year Legacy on the Court)
Gray Matters - November 08, 2021 17:43 - 1 hour ★★★★★ - 5 ratingsOn October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought t...
The Constitutional Presidency: Two New Books (Presidential Administration in a Polarized Era)
Gray Matters - October 26, 2021 15:46 - 1 hour ★★★★★ - 5 ratingsOn October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during...
Current Issues in Presidential Administration & Executive Power
Gray Matters - October 25, 2021 16:30 - 1 hour ★★★★★ - 5 ratingsOn October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during...
Conversation with D.C. Circuit Judge Neomi Rao, Hosted by Jennifer Mascott (Presidential Administration in a Polarized Era)
Gray Matters - October 20, 2021 16:48 - 51 minutes ★★★★★ - 5 ratingsOn October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during...
Kagan’s “Presidential Administration” After 20 Years (Presidential Administration in a Polarized Era)
Gray Matters - October 19, 2021 16:00 - 1 hour ★★★★★ - 5 ratingsOn October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during...
Presidential Administration & Political Polarization
Gray Matters - October 18, 2021 17:46 - 1 hour ★★★★★ - 5 ratingsOn October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s landmark published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concep...
Keynote Address (Memorial Symposium for Judge Stephen F. Williams)
Gray Matters - October 13, 2021 17:12 - 34 minutes ★★★★★ - 5 ratingsOn September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Dec...
Judge Williams on the American Constitution and Liberal Democracy (Memorial Symposium for Judge Stephen F. Williams)
Gray Matters - October 11, 2021 16:42 - 1 hour ★★★★★ - 5 ratingsOn September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Dec...
Judge Williams on Administrative Law and Regulatory Policy (Memorial Symposium for Judge Stephen F. Williams)
Gray Matters - October 08, 2021 15:47 - 1 hour ★★★★★ - 5 ratingsOn September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Dec...
A Conversation with the Center’s New Co-Executive Director, Prof. Jennifer Mascott
Gray Matters - September 15, 2021 21:43 - 34 minutes ★★★★★ - 5 ratingsThis summer, Professor Jennifer Mascott joined the Gray Center as its new Co-Executive Director. With school back in session, and the Center’s fall programs underway, Jenn visited the podcast for a conversation with our other Co-Executive Director, Adam White. They discussed her current research ...
The Umpire Strikes Back: A Conversation with Ronald Cass on Judicial Discretion and the Roberts Court
Gray Matters - July 28, 2021 17:47 - 51 minutes ★★★★★ - 5 ratingsIn his confirmation hearing, Chief Justice John Roberts famously analogized his role to that of an umpire, “to call balls and strikes, and not to pitch or bat.” Dean Ronald Cass argues in a new paper that in three notable decisions of the U.S. Supreme Court— Kisor v. Wilkie, Department of Commerc...
The Life of the Law: What Has Happened Since 1946?
Gray Matters - July 14, 2021 17:14 - 1 hour ★★★★★ - 5 ratingsOn June 11, 1946, President Truman signed the Administrative Procedure Act (APA) into law, and it was intended to be “a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal Government,” according to it...
Creation Stories: What Did the 79th Congress Mean to Accomplish?
Gray Matters - July 07, 2021 15:49 - 1 hour ★★★★★ - 5 ratingsOn June 11, 1946, President Truman signed the Administrative Procedure Act (APA) into law, and it was intended to be “a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal Government,” according to it...
NEPA and the Future of Clean Energy and Infrastructure
Gray Matters - May 25, 2021 16:01 - 1 hour ★★★★★ - 5 ratings“Do NEPA (the National Environmental Policy Act) and other permitting requirements doom green energy and infrastructure plans?” That was the title of a recent webinar, organized by the Law & Economics Center at George Mason University’s Antonin Scalia Law School. The Gray Center’s Adam White mode...
Rethinking Judicial Deference to Agency Expertise, with Jonathan Adler and E. Donald Elliott
Gray Matters - May 18, 2021 16:00 - 1 hour ★★★★★ - 5 ratingsFor the last forty years, courts have been especially deferential to federal agencies’ claims of scientific expertise. And in the last year, we have seen the Supreme Court grapple repeatedly with questions of administrative decisions related to managing the Covid-19 pandemic. How much deference s...
Emergency Money: A Discussion on the Paycheck Protection Program with Susan Morse
Gray Matters - May 11, 2021 16:00 - 51 minutes ★★★★★ - 5 ratingsThe Paycheck Protection Program was the single largest component of the federal pandemic relief legislation passed in March of 2020. Since then, a debate has developed about the program’s speed-accuracy trade-off, exposing the challenges administrators face when they’re responsible for administer...
Regulating Vaccines After Covid-19: A Conversation with Sam Halabi and Kristen Osenga
Gray Matters - May 04, 2021 16:00 - 52 minutes ★★★★★ - 5 ratingsAmid the Covid-19 crisis, Operation Warp Speed helped to develop vaccines with astonishing speed. But even with a fast-tracked FDA process, there still remain significant questions about risk, liability, and intellectual property. These are the subjects of two new Gray Center working papers by Pr...
“By Executive Order,” with Andrew Rudalevige on Presidential Administration and Bureaucracy
Gray Matters - April 27, 2021 15:07 - 1 hour ★★★★★ - 5 ratingsExecutive orders are not a new tool of presidential power — all presidents have used them, and some much more than others. But in recent decades they seem to have become a more significant and prominent aspect of American government. In today’s episode, Bowdoin College’s Andrew Rudalevige and the...
Nondelegation’s Past, Present, and Future: Kristin Hickman and Nicholas Parrillo
Gray Matters - March 26, 2021 16:00 - 1 hour ★★★★★ - 5 ratingsAt least five Supreme Court justices seem interested in reconsidering the current version of the “Nondelegation Doctrine.” And their recent judicial opinions have inspired waves of new scholarship for and against judicial reform. Last spring, the Gray Center invited scholars to workshop new paper...
The Future of Financial Regulation in the Biden Administration
Gray Matters - March 19, 2021 16:34 - 1 hour ★★★★★ - 5 ratingsThe Biden Administration faces immensely consequential policy choices on questions of financial regulation—from the proper regulatory standards to apply to banks for the sake of safety, soundness, and systemic risk; to cryptocurrencies; to the use of financial regulatory agencies to drive policy ...
The Future of Police Reform and Civil Rights in the Biden Administration
Gray Matters - March 08, 2021 21:17 - 1 hour ★★★★★ - 5 ratingsThroughout his presidential campaign, Joe Biden called for national reforms to police practices and civil rights. Immediately after the election, his transition team highlighted Racial Equity as one of its four policy priorities. And right after his inauguration, he signed a set of initial execut...
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