Adam White and Jace Lington chat with Beau J. Baumann about his historical research into the Offices of Legislative Counsel. They discuss his forthcoming paper, Resurrecting the Trinity of Legislative Constitutionalism, and how Progressive reformers at the turn of the twentieth century built institutions to arrest congressional decline.

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Resurrecting the Trinity of Legislative Constitutionalism, Beau J. Baumann

Jace Lington chats with Jenn Mascott about Judge Aileen Cannon’s decision to dismiss the classified documents case against Donald Trump. They discuss the Appointments Clause and the broader context of the debate surrounding the special counsel investigation of the former president.

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This is a rebroadcast of a panel discussion from an event we co-hosted on May 15, 2024, with the Manhattan Institute and the Federalist Society. The panelists discuss whether state tort law is an appropriate tool for addressing climate change and the petition for certiorari in Sunoco LP, et al. v. City and County of Honolulu.

Featured Speakers:

This is a rebroadcast of the Gray Center’s Federal Preemption and Environmental Regulation Webinar. We hosted this event on April 29, 2024, to discuss the issues involved in two pending cases where energy companies have asked the U.S. Supreme Court to review whether the Clean Air Act preempts attempts by Honolulu, Hawaii, to redress certain climate change-related alleged injuries.

Featured Speakers:

Adam White and Jace Lington chat with former OIRA Administrator Paul J. Ray about his new paper, “Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines.” In the paper, Mr. Ray critiques the expertise rationale for Chevron deference, arguing that agency employees can share much of the special knowledge they use to make decisions with reviewing courts.

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The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State.

This episode of Gray Matters is a panel discussion from February 23, 2024, about affirmative action and other ways regulators pursue equity through the administrative state featuring Ming Chen, Jesse Merriam, and Bijal Shah, moderated by Kmele Foster.

The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State.

This episode of Gray Matters is a panel discussion about the use of racial classifications to make public policy and how race has affected the character of American institutions featuring David Bernstein, Jonathan Berry, and Joy Milligan, moderated by Renée Landers.

Jace Lington chats with Scalia Law Professor Donald J. Kochan about Florida and Disney. They discuss his recent paper applying public choice theory to Florida’s Reedy Creek Improvement Act of 1967 and why the special treatment Disney received from the state is not a good model for state and local regulation.

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Adam White and Jace Lington chat with Law Professor Jed Handelsman Shugerman about lingering issues following the Supreme Court’s decision in the Biden v. Nebraska student loan case. They discuss a recent paper Shugerman presented at a Gray Center research roundtable, “Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine.”

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Adam White and Jace Lington chat with Law Professor Michael D. Ramsey about how originalists can defend the major questions doctrine as a substantive canon of interpretation. He examines post-ratification court practice and other substantive canons designed by judges to minimize the harms of judicial error when interpreting ambiguous statutes. Ramsey recently presented a paper on this subject at a Gray Center research roundtable.

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Adam White and Jace Lington chat with Ronald A. Cass about the future of judicial deference to agency actions. They discuss Cass’s recent papers, “Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers,” published by the New York University Journal of Law & Liberty, and “Getting Deference Right,” published by National Affairs. Ron insists on the crucial distinction between court decisions on what the law means and agency decisions about policy implementation.

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The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation.

This episode of Gray Matters is a panel discussion featuring law professors Bridget C.E. Dooling and Kristin E. Hickman along with former OIRA Administrator Paul J. Ray and AEI Senior Fellow Emeritus Peter Wallison, moderated by Gray Center Co-Executive Director Adam White.

The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation.

This episode of Gray Matters is a panel discussion featuring law professors Bridget C.E. Dooling and Kristin E. Hickman along with former OIRA Administrator Paul J. Ray and AEI Senior Fellow Emeritus Peter Wallison, moderated by Gray Center Co-Executive Director Adam White.

This episode of Gray Matters is the first of a three-part series and came out of a recent conference we hosted about the future of financial regulation. In this episode, Adam White speaks with former FDIC Chairman Jelena McWilliams about the current state of banking regulation. They discuss presidential oversight of the FDIC, how chairman McWilliams thought about her role, and the most pressing issues facing banks and regulators today.

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Adam White and Jace Lington talk with Jonathan Wolfson about a new Cicero Institute report that ranks state regulatory systems based on their accountability, responsiveness, and transparency. They discuss cost-benefit analysis, regulatory sunset provisions, state-level centralized review modeled on OIRA, and venue restrictions.

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The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters is a panel discussion featuring Professors Caroline Cecot, Emily Hammond, and E. Donald Elliott, moderated by Senior Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit. They focus on the future of Chevron deference in the context of environmental and energy law.

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Video from the conference

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters is a panel discussion featuring Aditya Bamzai, Jonathan S. Masur, Eli Nachmany, Victoria F. Nourse, moderated by Judge Chad A. Readler of the U.S. Court of Appeals for the Sixth Circuit.

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Video from the conference

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a keynote address from Paul J. Ray, presenting his new paper about the expertise rationale for Chevron deference, and a fireside chat between Mr. Ray and Gray Center Co-Executive Director Jennifer Mascott, discussing his time as Administrator of OIRA.

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The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Lisa Schultz Bressman, John F. Duffy, and Daniel E. Walters about the Loper Bright case and whether some form of judicial deference is unavoidable in administrative law, moderated by Judge David J. Porter of the U.S. Court of Appeals for the Third Circuit.

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The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Kent Barnett, Christopher J. Walker, and Thomas W. Merril about the Loper Bright case and the future of Chevron deference, moderated by Judge Paul B. Matey of the U.S. Court of Appeals for the Third Circuit.

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