Latest Arbitrary & capricious Podcast Episodes
The Past, Present, and Future of Financial Regulation: Peter Conti-Brown and Lev Menand
Gray Matters - March 03, 2021 19:34 - 55 minutes ★★★★★ - 5 ratingsFrom George Washington’s administration onward, the federal government’s power over financial markets and banks has always occupied a nebulous corner of American constitutional government. Recently the Gray Center posted three new working papers exploring different aspects of financial and moneta...
The Future of Tech Policy in the Biden Administration
Gray Matters - February 23, 2021 16:36 - 1 hour ★★★★★ - 5 ratings“Tech policy” is a broad and nebulous label. But from antitrust to national security to social media moderation, recent years have been filled with difficult questions about federal law and policy, and myriad proposals for major new regulatory initiatives surrounding new technologies and big tech...
The Future of Environmental and Energy Policy in the Biden Administration
Gray Matters - January 22, 2021 16:07 - 1 hour ★★★★★ - 5 ratingsPromptly after the election, President-elect Joe Biden’s official “transition” team announced that climate change would be one of the new administration’s top four policy priorities. The transition’s website listed a variety of familiar and new ways in which the Biden administration intends to gr...
The Future of White House Regulatory Oversight in the Biden Administration
Gray Matters - January 15, 2021 16:48 - 1 hour ★★★★★ - 5 ratingsOver the last four years, the Trump administration continued the longstanding framework for OIRA regulatory oversight, but it also developed new oversight tools, such as the new regulatory budgeting framework of Executive Order 13771. How will the new Biden Administration structure its own framew...
“Reviving Rationality” with Michael Livermore and Richard Revesz
Gray Matters - November 17, 2020 16:04 - 59 minutes ★★★★★ - 5 ratingsIn 2008, Michael Livermore and Richard Revesz wrote Retaking Rationality, a book arguing that cost-benefit analysis of regulations should be recognized not as an anti-regulatory weapon, but rather a nonideological tool for promoting good government. Now they return with a new book, Reviving Ratio...
The Unrule of Law as the Law of Unrules, with Cary Coglianese and Daniel Walters
Gray Matters - November 10, 2020 16:45 - 45 minutes ★★★★★ - 5 ratingsGovernments make rules. But governments often grant exemptions from those rules, either when the rules are written or in the ways they are enforced. And those exemptions are the subject of a new article: “ Unrules” by Cary Coglianese, Gabriel Scheffler, and Daniel Walters. Professors Coglianese a...
How Chief Justice Taft Wrote the Famous Myers Opinion, with Robert Post
Gray Matters - November 05, 2020 15:00 - 49 minutes ★★★★★ - 5 ratingsThe Supreme Court’s recent decision in Seila Law v. CFPB, and the upcoming case of Collins v. Mnuchin, return our attention to the Constitution’s allocation of powers among the President and Congress—and to the famous cases nearly a century ago when the Supreme Court tried to grapple with those i...
Annual Supreme Court Preview: 2020–2021
Gray Matters - October 29, 2020 18:13 - 1 hour ★★★★★ - 5 ratingsLast summer, the Supreme Court ended its year’s work with significant decisions involving administrative agencies. This new year now underway is set to include major cases involving agency structure and independence; transparency; and a host of other issues. To discuss these issues and broader th...
The Clean Air Act and the Transformation of Congress: Frank Manheim and David Schoenbrod (Congress and the Administrative State Series)
Gray Matters - October 28, 2020 20:56 - 40 minutes ★★★★★ - 5 ratingsCongress’s enactment of the Clean Air Act fifty years ago was meant to change our environmental impacts — but did it change Congress, too? That is the question that Prof. Frank Manheim of George Mason University’s Schar School of Public Policy asks in his new working paper, “ Transformation of Co...
Thinking About “The Congressional Bureaucracy,” with Abbe Gluck, Jesse Cross, and Josh Chafetz (Congress and the Administrative State Series)
Gray Matters - October 26, 2020 18:25 - 49 minutes ★★★★★ - 5 ratingsThe executive branch’s bureaucracy gets a lot of attention. But Congress’s bureaucracy gets much less—yet it is extremely important. In a new Gray Center working paper titled “The Congressional Bureaucracy,” Professors Abbe Gluck and Jesse Cross analyze several parts of Congress’s bureaucrac...
Thinking About “The Congressional Bureaucracy,” with Abbe Gluck, Jesse Cross, and Josh Chafetz (Congress and the Administrative State Series
Gray Matters - October 26, 2020 18:25 - 49 minutes ★★★★★ - 5 ratingsThe executive branch’s bureaucracy gets a lot of attention. But Congress’s bureaucracy gets much less—yet it is extremely important. In a new Gray Center working paper titled “ The Congressional Bureaucracy,” Professors Abbe Gluck and Jesse Cross analyze several parts of Congress’s bureaucracy—so...
Congress and Cost-Benefit Analysis, with Caroline Cecot and Ricky Revesz (Congress and the Administrative State Series)
Gray Matters - October 23, 2020 14:14 - 47 minutes ★★★★★ - 5 ratingsWe often think of modern cost-benefit analysis as being a requirement primarily of executive orders, not statutes. Needless to say, Executive Order 12291 and 12866, and other executive orders and presidential documents, are of central importance. But Congress has done much on matters of cost-bene...
Congressional Reform from 1981 Onward: Philip Wallach and Molly Reynolds (Congress and the Administrative State Series)
Gray Matters - October 21, 2020 13:50 - 51 minutes ★★★★★ - 5 ratingsIn 1994, Republicans won control of the House of Representatives for the first time in 50 years. Upon taking office, Speaker Newt Gingrich and his colleagues undertook major institutional reforms. What do those reforms tell us about conservatives’ modern views of the Constitution’s first branch o...
“The Decision of 1946: The Legislative Reorganization Act and the APA,” with Joseph Postell and Jeremy Rabkin (Congress and the Administrati
Gray Matters - October 19, 2020 15:40 - 44 minutes ★★★★★ - 5 ratingsAdministrative Law scholars think of 1946 as the year that Congress enacted the Administrative Procedure Act. But too often we neglect another major law that Congress enacted in that year: the Legislative Reorganization Act. The LRA was intended to position Congress for long-term management of th...
“The Decision of 1946: The Legislative Reorganization Act and the APA,” with Joseph Postell and Jeremy Rabkin (Congress and the Administrative State Series)
Gray Matters - October 19, 2020 15:40 - 44 minutes ★★★★★ - 5 ratingsAdministrative Law scholars think of 1946 as the year that Congress enacted the Administrative Procedure Act. But too often we neglect another major law that Congress enacted in that year: the Legislative Reorganization Act. The LRA was intended to position Congress for long-term management...
Joshua Wright on “Weaponizing Antitrust” Against Tech Companies
Gray Matters - October 14, 2020 16:04 - 54 minutes ★★★★★ - 5 ratingsToday’s guest is Professor Joshua Wright — a University Professor of Law at George Mason University, Director of the law school’s Global Antitrust Institute, a former FTC Commissioner, and one of the nation’s leading scholars of antitrust law and policy. Professor Wright and Jan Rybnicek recently...
After 50 Years, What Is the National Environmental Policy Act Today?
Gray Matters - October 08, 2020 18:04 - 1 hour ★★★★★ - 5 ratingsOn September 24, 2020, the Gray Center co-hosted a live webinar, “After 50 Years, What Is the National Environmental Policy Act Today?” in partnership with Antonin Scalia Law School’s Society for Environmental and Energy Law. On January 1, 1970, President Nixon signed the National Environmental P...
Adam Mossoff on the Innovation Economy and the Administrative State
Gray Matters - October 05, 2020 15:29 - 59 minutes ★★★★★ - 5 ratingsToday’s guest is Professor Adam Mossoff, a leading scholar of intellectual property and Co-Founder of Scalia Law’s Center for the Protection of Intellectual Property (CPIP). Three years ago, CPIP and the Gray Center co-hosted a major conference on the Patent Trial and Appeal Board (PTAB), a new r...
Teaching Administrative Law Outside the Classroom: Ballotpedia’s Christopher Nelson
Gray Matters - September 23, 2020 14:02 - 32 minutes ★★★★★ - 5 ratingsWe admit it, administrative law is a complicated subject — and, some say, a notoriously dull one. AdLaw is often a challenging subject to teach in the classroom, and even more challenging outside of it. The Gray Center is only one of several institutions that attempt to bring these issues to non-...
Tech Regulation Series Keynote Conversation with FTC Commissioner Noah Phillips
Gray Matters - September 17, 2020 14:03 - 47 minutes ★★★★★ - 5 ratingsThe Federal Trade Commission is a century-old agency facing some of the most cutting-edge technologies and issues of our time. How should an agency apply old laws to new technologies? To conclude the Gray Center’s series of podcast conversations on innovation and regulation, Commissioner Noah Phi...
Rethinking Regulatory Paradigms in a High-Tech Era (Tech Regulation Series)
Gray Matters - September 16, 2020 14:01 - 1 hour ★★★★★ - 5 ratingsDuring this era of disruptive technological change, heavy-handed regulation can stifle innovation and unintentionally undermine the public interest. Yet regulators are tasked by Congress with promoting particular policies, often under old statutes with outdated information. How can regulators bes...
AirBNB and Local Regulators (Tech Regulation Series)
Gray Matters - September 15, 2020 14:02 - 47 minutes ★★★★★ - 5 ratingsConversations about “the administrative state” usually focus on federal regulators, but for many upstart tech companies, local regulation often presents the most significant challenges. Uber and Lyft, for example, famously collided with local taxicab regulations. And “short-term rental” companies...
"Section 230" and the Regulation of Web Sites (Tech Regulation Series)
Gray Matters - September 14, 2020 14:00 - 48 minutes ★★★★★ - 5 ratingsNearly 25 years ago, Congress enacted Section 230 of the Communications Decency Act, declaring web sites would not be treated as “publishers” in posting third-party statements, and that their “good faith” efforts to edit or moderate content would not expose them to legal liability. In those days,...
“Section 230” and the Regulation of Web Sites (Tech Regulation Series)
Gray Matters - September 14, 2020 14:00 - 48 minutes ★★★★★ - 5 ratingsNearly 25 years ago, Congress enacted Section 230 of the Communications Decency Act, declaring web sites would not be treated as “publishers” in posting third-party statements, and that their “good faith” efforts to edit or moderate content would not expose them to legal liability. In those ...
The Common Good: Rebuilding Trust and Rebooting the System with Philip Howard
Gray Matters - September 04, 2020 18:00 - 47 minutes ★★★★★ - 5 ratingsPhilip Howard, a lawyer and author, founded Common Good to call for fundamental reform of America’s bureaucratic, legal, and political institutions. And he sees the nation’s most recent controversies—government responses to Covid-19, and episodes of police misconduct—as exemplifying the breakdown...
Minutes to Midnight, or Four More Years: The Regulatory Agenda with Bridget Dooling & Philip Wallach
Gray Matters - August 06, 2020 23:06 - 36 minutes ★★★★★ - 5 ratingsThe fourth year of any presidential term is driven by a sense of urgency, and the administration’s regulatory or deregulatory agenda is no exception. President Trump’s fourth year has been further complicated by the Covid-19 outbreak, and the administration’s regulatory and deregulatory responses...
Executive Privilege: A Discussion with Dean Mark Rozell
Gray Matters - July 24, 2020 12:30 - 43 minutes ★★★★★ - 5 ratingsThe words “executive privilege” are not found in the Constitution, but some form of presidential secrecy has been asserted by presidents from George Washington onward. The Supreme Court’s latest term ended with major decisions in two cases involving executive privilege: Trump v. Mazars USA, invol...
Evasive Entrepreneurs: Innovation and the Administrative State
Gray Matters - July 14, 2020 14:07 - 45 minutes ★★★★★ - 5 ratingsHow should transformative technologies approach the administrative state, and vice versa? In his latest book, “Evasive Entrepreneurs & the Future of Governance,” Adam Thierer of the Mercatus Center reports that tech companies are finding ways to outpace the regulators—and that this is a very good...
The Dubious Morality of Administrative Law
Gray Matters - July 09, 2020 22:06 - 58 minutes ★★★★★ - 5 ratingsOn July 6, the Federalist Society invited Adam White to interview Richard Epstein about his new book: “The Dubious Morality of Administrative Law,” for a public teleforum. Adam and Richard had a wide-ranging conversation about the book’s origin and major themes, and then Richard took questions fr...
Tort Liability for Businesses During COVID-19
Gray Matters - June 25, 2020 19:37 - 1 hour ★★★★★ - 5 ratingsOn June 18, 2020, the Gray Center co-sponsored a live webinar, “A Discussion on Tort Liability for Businesses During COVID-19,” in partnership with the Law and Economics Center at Antonin Scalia Law School. Risks of the COVID-19 spread create substantial uncertainty for businesses when deciding w...
Related Arbitrary & capricious Topics