Episoder
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On this Episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews Professor Mark Rotenberg regarding immunities provided to government officials, especially the President and Executive Branch. The conversation ranges from a history of official immunities in the United States, the distinctions between civil and criminal immunity, and rounding out with a discussion of the ongoing litigation against President Donald Trump within the D.C. Circuit.
This episode was produced by ALR Technology Editor Anthony Aviza.
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Recommended Reading:
This Episode’s TranscriptUnited States v. Trump DecisionNixon v. FitzgeraldClinton v. JonesTrump v. Mazars
Note: This episode was recorded before the Oral Arguments in Trump v. United States, which was rescheduled for April 25th, 2024 by the time this episode was published.
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In this Episode of A Hard Look, ALR Senior Technology Editor, Bennett J. Nuss interviews Professor James Ridgway about the practical effects of an ambiguous ambiguity doctrine as promulgated by Chevron, using Veteran’s Law as a case example. This discussion ranges from a discussion of the history of Veterans Law, a critical examination of the motivators within administrative agencies which may contribute to ineffectiveness and court challenges, and theorizing about how iterative learning may improve agency rulemaking.
This episode was produced by ALR Technology Editor Anthony Aviza.
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Recommended Reading:
This Episode’s Transcript
J.B. Rule and James Salzman, Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State.Kent Barnett and Christopher J. Walker, Chevronin the Circuit CourtsIf a military veteran you know is in need of assistance, you can find Vet Centers for Readjustment Counseling as well as information regarding benefits at www.va.gov.
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Manglende episoder?
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On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews ABA Administrative Law and Regulatory Practice Section Chairman Adam White regarding the current state of Administrative Law in the United States and what to expect out of what is almost certain to be a groundbreaking year. The conversation ranges from the ABA’s role in the promotion of administrative law doctrines, how the political divides in administrative law may not be as clear as they once seemed, and a preview of some themes and important cases coming to a head this year.
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This episode was produced by ALR TechnologyEditor, Anthony Aviza.
If you have questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at [email protected]
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On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Holwell, Shuster & Goldberg Partner Daniel M. Sullivan regarding the controversial Supreme Court case Loper Bright Enterprises v. Raimondo, which has the potential to completely overhaul Administrative Law as we know it. The discussion ranges from the critiques and weaknesses of Chevron doctrine, potential constitutional problems with judicial review of agency decisions, and what administrative law may look like after this groundbreaking term.
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This episode was produced by ALR Technology Editor, Anthony Aviza.
Many thanks to ALR Editor-in-Chief Madison Gestiehr for her help in providing transcription for this episode.If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at [email protected]
Recommended Reading:
Chevron v. NRDCMarbury v. MadisonAmicus and Filings for Loper BrightTranscript
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On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Professor Hilary J. Allen regarding the current status of federal banking regulation in light of the four bank failures in the United States earlier this year. The discussion ranges from the circumstances surrounding the failure of the Silicon Valley Bank, how the public’s response tothe failure may be overstated in terms of impact, the role of the FDIC in the disbursement of assets, and what the future would look like if all bank deposits were insured by the Federal Government.
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This episode was produced by ALR technology editor, Anthony Aviza.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at [email protected]
Recommended Reading:
FDIC: Bank Failures in Brief – 2023
Investopedia: What Happened to Silicon Valley Bank?
The Federal Reserves’ Review of Supervision and Regulation of Silicon Valley Bank
New York Times: Silicon Valley Bank Fails After Run on Deposits -
On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Professor Daniel Cohen regarding the current rise of Major Questions Doctrine in American Jurisprudence in contrast to the perceived fall of Chevron Doctrine. The conversation goes from an interrogation of current judicial review methods for agency action, to investigating potential issues with Major Questions Doctrine, and concluding with thoughts about the future of judicial deference and the balance of powers as we know them.
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This episode was produced by ALR Technology Editor, AnthonyAviza.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at [email protected]
Many thanks to ALR Editor-in-Chief Madison Gestiehr and Senior Articles Editor Mehraz Rahman for their assistance in providing the transcription for this Episode.
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Recommended Reading
This Episode’s TranscriptChevron v. Natural Recourses Defense CouncilSkidmore v. SwiftPublic Water Supply Co. v. DiPasqualeFDA v. Brown & Williamson Tobacco Corp.King v. BurwellAlabama Association of Realtors v. HHSNFIB v. OSHAWest Virginia v. EPABiden v. Nebraska
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In this episode of A Hard Look, Senior TechnologyEditor Bennett J. Nuss interviews current Washington College of Law 3L and Senior Articles Editor Mehraz Rahman regarding her comment published in ALR Volume 75.3. In this episode, we review the ongoing controversies surrounding Title IX sexual misconduct adjudication on college campuses, and how standards for holding these adjudications have changed from administration to administration over the course of the past decade. Then we turn our attention to how this process can be formalized and reformed to better serve the interests of victims, accused, and the substantial interests of justice and due process implicated in these hearings.
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This Episode was produced by Administrative Law ReviewTechnology Editor Anthony Aviza.
If you have any questions about this episode, the guest,the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at [email protected]
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If you believe you have been a victim of sexualviolence, you can use the recourses below to find help:
For AU Students, please contact the Office of Equity andTitle IX.
For Non-Students:National Sexual Assault Hotline with Confidential 24/7 Support: 1-800-656-4673Campus Sexual Violence Recourse List
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RecommendedReading
Mehraz’s Comment (TBP)This Episode's Transcript
2011 Dear Colleague Letter
2014 Q&A
Withdrawal of the 2011 DCL & 2014 Q&A
Summary of Major Provisions of the Department of Education’s Title IX Final Rule under the Trump Administration
U.S. Department of Education’s 2022 Proposed Amendments to Title IX Regulations
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On this episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews Adam Pollock, a 3L at American University Washington College of Law and current Editor for Online Publications. In this episode, we review the systemic structure of the Bureau of Immigration Appeals, and how this system is operating considering the ever-growing strain of immigration on U.S. Courts. We also interrogate the propriety and effects of Patel v. Garland, a Supreme Court case that limits the degree of review afforded to those that appeal rulings by the BIA. Finally, we look at how the BIA can be potentially reformed to better serve the interests of fairness and substantial justice.
---This Episode was produced by Administrative Law ReviewTechnology Editor, Anthony Aviza.
Many thanks as well to Administrative Law Review Editor-in-Chief Madison Gestiehr for her assistance in transcribing this episode.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at [email protected]
---Recommended Reading:
This Episode’s TranscriptDeported Over a Typo: Making Sense of the Board of Appeals’Newfound Administrative Power in the Wake of Patel v. Garland
Patel v.Garland
Congressional Research Service: U.S. Immigration Courts and the Pending Cases Backlog
Innovation Law Lab: The Attorney General’s Judges -
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum speak with Lauren Saxe, a rising 2L at American University Washington College of Law and ALR's incoming Senior Symposia & Communications Editor. In this episode, we review the regulatory framework surrounding FDA’s approval of Mifepristone in 2000. Including reviewing and questioning its REMS status by the Agency. As well as analyzing how the Supreme Court’s ruling in Dobbs has limited access to this medication. And how recent and pending federal jurisprudence can potentially jeopardize nationwide access to this medication for patients seeking access to abortion and miscarriage treatment.If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at [email protected]
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum, and our Technology Editor, Eva Pedersen speak with information justice and intellectual property expert, Michael W. Carroll. In this episode, we review the emergence of generative artificial intelligence (AI), including the popular program "ChatGPT." We analyze the potential fair use implications of these programs, as well as the broader ethical and legal challenges in regulating these programs.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alexander Naum at [email protected].
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum speak with Linda Reinstein (President and Co-founder of the Asbestos Disease Awareness Organization). In this episode, we explore the history of asbestos’s commercial use in the United States and the health threats associated with asbestos exposure. The episode dives into the EPA’s failed attempt to ban asbestos and the gaps found within current asbestos regulation. As well as the continued progress made by the Asbestos Disease Awareness Organization in urging Federal Agencies and Congress to protect workers and communities from asbestos exposure.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alexander Naum at [email protected]
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Technology Editor, Eva Pederson speak with Martin Mitchell, former Presidential Appointee serving as an Appellate Military Judge on the U.S. Court of Military Commissions Review, former USAF JAG Officer, and current Veterans Law Judge, about the evolution of military justice; Ortiz v. United States; and the constitutional issues that remain as the DoD aims to balance the objectives of protecting individual liberties, promoting military discipline, and ensuring that justice is served.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alexander Naum at [email protected].
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum speak with Aliza Shatzman (President and Co-founder of the Legal Accountability Project). In this episode, we review the gaps found in the current state of Judicial Accountability framed by our guest’s experience of mistreatment in her former clerkship; including her struggle to obtain retribution using the administrative procedures currently available and her continuing fight to protect judicial clerks and hold judges accountable for their actions.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alexander Naum at [email protected].
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum, and our Technology Editor, Eva Bogdewic speak with Environmental Law expert, William Snape, III. In this episode, we review the Supreme Court’s ruling in WV v. EPA and its implications on climate policy, and the broader implications to Administrative Law as it relates to Chevron Deference and the Major Questions Doctrine. If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alexander Naum at [email protected].
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum and our Technology Editor, Eva Bogdewic speak with Food and Health Regulatory Expert, Stuart Pape. In this episode, we review the current infant formula shortage affecting families across the U.S. Analyzing the factors that led to the shortage, what federal agencies (including the FDA) are doing to end the shortage, and what can be done to prevent this issue from occurring again.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alexander Naum at [email protected].
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our new Senior Technology Editor, Alexander Naum speak with Crystal Evans (counsel for NBCUniversal) and Chad Guo (attorney advisor at the FCC). In this episode, our guests apply both an industry and Federal agency lens to analyze the driving forces, cases, statutes, and regulations that have shaped how the FCC oversees media content in the U.S.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alexander Naum at [email protected].
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Professor John Brooks. In this episode, Professor Brooks discusses how the congressional budget process and regulatory action by administration makes the student loan crisis a complicated issue. He discusses how legislators through the budget process can use their tools to craft policy in the student loan space, and also how the Executive can use its tools to create policy on this subject.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alexander Naum at [email protected].
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Professor John Brooks. This episode focuses on wealth taxes and the constitutional and administrative challenges surrounding them. Professor Brooks discusses how Supreme Court interpretation of constitutional law poses a barrier to the congressional enactment of a wealth tax. Additionally, he further illustrates some of the administrative implications of a wealth tax if it was to be enacted.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alex Naum at [email protected].
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to guest host Arielle Kafker, Note & Comment Editor on the Administrative Law Review, speak with Kelly White from the CAIR Coalition. This episode focuses on the immigration and Ukrainian refugees in light of the recent attacks in Ukraine. Kelly and Arielle discuss the basics of immigration and temporary protected status, and President Biden’s announcement to accept 100,000 Ukrainian refugees.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Alexander Naum at [email protected].
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino and guest host Edward Leaf speak with Jason Schwartz, Administrative Law Review alum and partner at Fried Frank. In this two-part series on cryptocurrency, this second episode focuses on current events by looking at the modern usages of cryptocurrency in financial ecosystems. It also discusses how the environmental impact of the cryptocurrency mining process.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at [email protected].
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