Episodes
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Federal regulators were busy in April 2024, with agencies publishing a record-breaking 66 significant new regulations; more than half of which had price tags higher than $200 million. This burst of regulatory activity can be attributed to a once obscure law known as the Congressional Review Act (CRA). If the November election brings Republican control of the White House and Congress, rules issued this summer or fall may be subject to review and disapproval in 2025. This panel will review how both parties have used the CRA to signal displeasure with a president’s policies and to overturn regulations. It will also explore Congress’s options under the Act.
Featuring:
Steven Balla, Associate Professor of Political Science, Public Policy and Public Administration, and International Affairs, George Washington University
Todd F. Gaziano, President, Center for Individual Rights
Anthony Papian, Staff Director at United States Senate, Subcommittee on Government Operations and Border Management
Susan Dudley, Founder, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, George Washington University -
Experts will examine the major questions doctrine, its role in regulatory litigation, and its place in administrative law in light of recent developments.
Please register and join us for a live webinar on August 14, 2024 at 11 am EST.
Featuring:
Paul Ray, Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage Foundation
Elliot Gaiser, Ohio Solicitor General
(Moderator) Susan Dudley, Founder, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, George Washington University -
Episodes manquant?
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Kathryn Ciano Mauler and Eric Wang join the podcast to discuss the FEC rules behind campaign funds, particularly in the transfer of said funds between candidates. Their discussion breaks down the questions surrounding the recent changes to the 2024 ballot, and how that will affect each campaign's fundraising efforts, especially in a post-Chevron legal landscape.
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Alex J. Adams, Director of Idaho's Department of Health and Welfare is joined by Reeve T. Bull, Director of the Virginia Office of Regulatory Management. Director Adams and Director Bull detail the importance of regulatory reform efforts in Idaho and Virginia, respectively, and discuss the impact that regulatory reform can have on employment opportunities, business development, and the cost of living. What is zero-based regulation ("ZBR")?
What did Idaho's zero-based regulation executive order do? What has been the impact of Idaho's use of incorporation of regulation into law? What is cost-benefit analysis? How did Virginia's Executive Order 19 use cost-benefit analysis for regulatory reform? Why did Virginia's Office of Regulatory Management apply cost-benefit analysis to regulations and guidance documents? -
Legal experts Jonathan Butcher and Jon Riches discuss the debate between parental rights and children’s privacy in education under the Family Educational Rights and Privacy Act (“FERPA”). Moderated by Luke Wake, their discussion examines the debates over the role of student privacy, parental rights, and the role that the government is playing in education.
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On July 2, 2024, the US Supreme Court granted certiorari in the case, Food and Drug Administration v. Wages and White Lion Investments, LLC. In Explainer Episode 70, expert Jeff Stier discusses the FDA's regulatory action prohibiting specific vape flavors from being sold by these two companies, and the legal issues that the Supreme Court will review in the October 2024 term. What are the implications of the FDA prohibiting the sale of these vape flavors? What regulatory process did the FDA use to make this determination? Why did the FDA decide to allow certain vape flavors, and not others? What are the effects on the FDA's decision in this case on smokers? In promoting public health? On consumers? On the companies?
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The panelists will discuss Biden Administration policies and regulations at the DOL and SEC addressing investing based on environmental, social, and governance (or “ESG”) factors; whether they are consistent with statutory law; and whether the agencies followed appropriate administrative processes in promulgating these ever-evolving policies.
Moderator:
Gregory Jacob, Partner, O'Melveny & Myers LLP
Speakers:
Paul Atkins, Chief Executive Officer, Patomak Global Partners LLC
Elliot Gaiser, Associate, Boyden Gray & Associates PLLC
Sharon Rose, Partner, Berliner Corcoran & Rowe LLP -
In this episode of the Fourth Branch Explainer podcast, Prof. Eugene Volokh, from UCLA Law School, and Prof. David Bernstein, from the Antonin Scalia Law School, discuss the features, implications, and possibilities of the Anti-Semitism Awareness Act.
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The Regulatory Transparency Project’s Fourth Branch Podcast presents Explainer Episode 68.
In this Fourth Branch Explainer podcast, Rachel N. Morrison from the Ethics and Public Policy Center (EPPC) discusses the implications of the Pregnant Workers Fairness Act Regulations recently released. Listen in as Morrison discusses the pros and cons of new rules. -
Congress has been working on comprehensive federal data privacy legislation for decades without reaching agreement. But the finish line may be closer today than before. With the recent introduction of the American’s Privacy Rights Act (APRA), the chairs of the Senate and House Commerce Committees announced a bipartisan compromise, hoping to end the legislative stalemate.
Our panel of data privacy experts will take a deeper look at APRA, including its provisions and implications. Who wins and who loses in APRA’s mix of provisions from preemption to enforcement? Is the decision to embrace regulation of algorithmic decision-making a deal maker or breaker? And does it stand a chance of passing in an election year? Tune in to hear our panelists explore the ongoing dynamic of federal privacy legislation in the United States.
Register and Join the webinar on May 23rd at 3 pm EST. -
The Regulatory Transparency Project’s Fourth Branch Podcast presents Explainer Episode 67.
In this Fourth Branch Explainer podcast, health policy experts Michael Cannon and Christina Sandefur discuss the regulatory landscape of veterans’ benefits, and how veterans’ healthcare impacts American foreign policy.
The experts discuss Michael Cannon’s new book “Recovery”. -
The Regulatory Transparency Project presents a panel of legal experts, including Bob Eitel, Christian Corrigan, Will Trachman, and Kim Richey. Watch as these experts discuss the Biden Administration’s newly released Title IX Regulations and their implications for educational institutions, school districts, students, faculty, and parents.
Join us for this webinar at 1 pm EST on May 8th. -
Earlier this year, the U.S. Energy Information Administration reported that the nation’s Strategic Petroleum Reserve, or SPR, held approximately 358 million barrels, its lowest level in forty years. Is that a problem? What is the SPR and how is it supposed to operate? How much petroleum is it supposed to hold?
Listen in on the Regulatory Transparency Project's Explainer Episode 66, as expert J. Kennerly Davis discusses SPR. -
In this RTP explainer episode 65, we are joined by Michael Cannon, Director of Health Policy Studies at the Cato Institute, and Christina Sandefur, Executive Vice President of the Goldwater Institute to discuss Michael Cannon’s new book, Recovery.
Listen in as these experts consider the role of government agencies like the FDA in health spaces across America. "Recovery" discusses treatments approved by the FDA and the implications of approved drugs entering the market. Americans are inadvertently affected by the decisions of government agencies. With this said, "Recovery" argues the FDA takes away people’s rights to make their own health decisions. Does the FDA prohibit safe and effective drugs from entering the market? In this episode, experts discuss the implications of the decisions made by the FDA and the consequences of unsafe access to drugs.
Copies of Michael Cannon’s book can be found at, https://www.cato.org/books/rec... -
The Regulatory Transparency Project (RTP) is pleased to host a stellar panel of top labor and employment law experts for a lively discussion in which our panelists will grade the Biden Administration’s administrative, regulatory, and enforcement activity under the Department of Labor (DOL) and the National Labor Relations Board (NLRB).
How have these agencies’ approaches to administrative law under the Biden Administration been similar to or different from prior administrations? Where have they been aggressive, where have they been conservative, and why? What have been the regulatory successes of the first three years? The failures? And what unaddressed or latent regulatory issues might the agencies be taking up in 2024 (and beyond)? Tune in and find out how the experts view the Biden Administration’s actions from divergent points of view.
Featuring:
Moderator: Gregory Frederick Jacob, Partner, O'Melveny & Myers LLP
Judy Conti, Government Affairs Director, National Employment Law Project
Hon. Philip Miscimarra, Partner, Morgan, Lewis & Bockius LLP
Timothy Taylor, Partner, Holland & Knight LLP -
Murthy v. Missouri, originally filed as Missouri v. Biden, concerns whether federal government officials had violated the First Amendment by "coercing" or "significantly encouraging" social media companies to remove or demote particular content from their platforms.
Multiple individuals, advocacy groups, academics, and some states sued various officials and federal agencies for censoring conservative-leaning speech on the 2020 election, COVID policies, and election integrity. The plaintiffs argued the officials and federal agencies used "jawboning" tactics to force social media companies to suppress content in a manner that violated the plaintiffs' freedom of speech. The U.S. District Court for the Western District of Louisiana issued a preliminary injunction in the case, which was then vacated in part by the Fifth Circuit, which nonetheless held that there had been some violations of the plaintiffs' First Amendment rights. The U.S. Supreme Court then granted an emergency stay order and oral argument is set for March 18, 2024.
Join us as we break down and analyze how oral argument went the same day.
Featuring:
Prof. Adam Candeub, Professor of Law & Director of the Intellectual Property, Information & Communications Law Program, Michigan State University College of Law
Dr. Matthew Seligman, Partner, Stris & Maher LLP & Fellow, Constitutional Law Center, Stanford Law School
(Moderator) Stewart A. Baker, Partner, Steptoe & Johnson LLP -
In this episode, Jon Riches and James Sherk discuss fundamental questions related to government labor unions and their impact on public policy. They explore the nuances between public and private unions, their influence on public policy, and the concept of release time – its definition, prevalence across federal, state, and local levels, funding sources, legality, and potential policy remedies. Join us as we navigate through these critical questions and discuss real-world examples, including insights into official time at the federal level.
Featuring:
Jonathan Riches, Director of National Litigation, Goldwater Institute
James Sherk, Director, Center for American Freedom, America First Policy Institute -
On February 20, 2024, the U.S. Supreme Court will hear oral argument in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The case asks whether a plaintiff’s Administrative Procedure Act (APA) claim “first accrues” under 28 U.S.C. § 2401(a)—the six-year default federal statute of limitations—when an agency issues a rule or when the rule first causes a plaintiff to “suffer legal wrong” or “be adversely affected or aggrieved,” 5 U.S.C. § 702.
Petitioner Corner Post is a North Dakota convenience store and truck stop that seeks to challenge a 2011 Federal Reserve rule governing certain fees for debit card transactions. Corner Post didn’t open its doors until 2018 but the lower courts in this case held that its challenge is time barred because the statute of limitations ran in 2017—before Corner Post accepted its first debit card payment.
On February 20, 2024, the U.S. Supreme Court will hear oral argument in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The case asks whether a plaintiff’s Administrative Procedure Act (APA) claim “first accrues” under 28 U.S.C. § 2401(a)—the six-year default federal statute of limitations—when an agency issues a rule or when the rule first causes a plaintiff to “suffer legal wrong” or “be adversely affected or aggrieved,” 5 U.S.C. § 702.
Petitioner Corner Post is a North Dakota convenience store and truck stop that seeks to challenge a 2011 Federal Reserve rule governing certain fees for debit card transactions. Corner Post didn’t open its doors until 2018 but the lower courts in this case held that its challenge is time barred because the statute of limitations ran in 2017—before Corner Post accepted its first debit card payment.
Please join us as we discuss the case and how oral argument went before the Court.
Featuring:
Michael Buschbacher, Partner, Boyden Gray PLLC
John Kendrick, Associate, Covington
Susan C. Morse, Angus G. Wynne, Sr. Professor in Civil Jurisprudence and Associate Dean for Academic Affairs, The University of Texas at Austin School of Law
Molly Nixon, Attorney, Separation of Powers, Pacific Legal Foundation
Moderator: John F. Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law -
The 2024 super election year has captured the world's attention, with the US elections playing a central role in shaping global politics. Join Kathryn Ciano Mauler and Katie Harbath as they delve into the complexities of worldwide political elections while discussing how to counteract and recognize how these elections will intersect with emerging technologies like AI.
Featuring:
Kathryn Ciano Mauler, Corporate Counsel, Google
Katie Harbath, Chief Global Affairs Officer, Duco
Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media. -
For many years FDA has claimed the authority to regulate Laboratory Developed Tests, that is tests that are designed, produced, and used in a single lab – never being put up for sale. This authority, however, has been contested, and the FDA itself has traditionally practiced “discretionary enforcement,” wherein it has regulated LDTs very little. A change occurred in October 2023 when the FDA issued a notice of proposed rulemaking wherein it indicated its intention to codify its claim of authority and begin enforcing oversight of LDTs. Dr. Joel Zinberg, M.D., J.D., joined us to discuss the history the FDA’s regulation of LDTs, the proposed rule, and what the ramifications may be.
Featuring:
Dr. Joel Zinberg, Senior Fellow, Competitive Enterprise Institute - Montre plus
