Adam White and Jace Lington talk with former Secretary of the Interior David Bernhardt about his new book, You Report to Me: Accountability for the Failing Administrative State. In the book, Secretary Bernhardt offers his perspective on reforming the administrative state based on years of public service at the Department of Interior spanning multiple presidential administrations.

Show Notes:

Jace Lington talks with Adam White about the new book, Scalia: Rise to Greatness, 1936–1986, by James Rosen. They discuss Scalia’s early life and career, including his family, his faith, and his work in private practice and as a lawyer and teacher. Adam highly recommends the book for anyone interested in Antonin Scalia and his contributions to our understanding of the Constitution and American institutions.

Show Notes:

Former Secretary of Labor Eugene Scalia delivers the Second Annual C. Boyden Gray Lecture on the Administrative State. Following an introduction by Boston University School of Law Dean Emeritus Ron Cass, Secretary Scalia discusses his time working at the Department of Labor and how his experience leading a cabinet agency affected the way he thinks about debates involving the administrative state.

Show Notes:

Former Director of the Office of Management and Budget Mick Mulvaney and Stanford Law Professor Michael W. McConnell discuss the importance of Congress’s power of the purse in constitutional government, an issue of significant importance in cases now before the Supreme Court, in a conversation with Gray Center Co-Executive Director Adam White.

Ronald A. Cass, Sally Katzen, and Noah J. Philips kick off the 2023 Annual Gray Lecture with a conversation about the “rule of law” in administrative law. This panel discussion builds on a forthcoming symposium featuring essays on the rule of law that will soon appear in the NYU Journal of Law & Liberty. The Gray Center and the NYU JLL cohosted an event in February on campus at NYU to discuss the themes of the essays. We were glad to bring the conversation to Washington, D.C., to continue the discussion.

Notes:

Adam White and Jace Lington talk with Judge Glock, director of research and senior fellow at the Manhattan Institute, about how progressive reformers designed independent regulatory commissions to replace the function of juries, the subject of his new article in Regulation magazine. Glock argues that the original approach to staffing regulatory commissions during the Progressive Era focused on balancing political and sectional interests and not on previous academic expertise.

Show Notes:
The Novice Administrative State: The Function of Regulatory Commissions in the Progressive Era, Studies in American Political Development (Forthcoming, April 2023)
The Origins of the Novice Administrative State, Regulation Magazine (Spring 2023)
FTC Independence after Seila Law (Gray Center Working Paper 22-02)

The Honorable Neomi Rao gives keynote remarks about the tendency of courts to look at tradeoffs between the executive and judicial branches and largely ignore Congress in separation of powers cases. Her speech came out of a forthcoming symposium in the NYU Journal of Law & Liberty and took place on campus at NYU.

Professors Gary Lawson and Sally Katzen join Adam White to talk about the Roberts Court and administrative law on a panel moderated by Judge Steven J. Menashi. The discussion came out of a forthcoming symposium in the NYU Journal of Law & Liberty and took place on campus at NYU.

Professors Noah A. Rosenblum, Thomas W. Merrill, and Philip Hamburger talk about what the rule of law means in the context of administrative law on a panel moderated by Judge Rachel P. Kovner. The discussion came out of a forthcoming symposium in the NYU Journal of Law & Liberty and took place on campus at NYU.

Adam White and Jace Lington chat with Andrew Wheeler and Reeve Bull about Virginia Governor Glenn Youngkin’s new approach to regulatory policy. They discuss the commonwealth’s new Regulatory Economic Analysis Manual and how it will change the way Virginia regulatory agencies approach their work.

On January 9, 2023, the C. Boyden Gray Center hosted a symposium, “Administrative Law in the States,” with the Harvard Journal of Law & Public Policy and the Harvard Federalist Society. It featured the following participants:

-Justice Brian Hagedorn, Wisconsin Supreme Court
-Judge Jeffrey S. Sutton, United States Court of Appeals for the Sixth Circuit
-Justice David N. Wecht, Supreme Court of Pennsylvania
-Justice Caleb Steagall, Kansas Supreme Court
-Adam J. White, The Gray Center
-Moderator: Judge Thomas B. Griffith, United States Court of Appeals for the District of Columbia Circuit (retired)

Adam White and Jace Lington chat with Philip K. Howard about the problems public unions create for modern governance, the subject of his new book, Not Accountable: Rethinking the Constitutionality of Public Employee Unions. They discuss specific challenges faced by executive officials at the local, state, and federal level working with unionized employees and ways to address those issues.

Adam White and Jace Lington chat with EEOC Commissioner Keith Sonderling and his chief counsel, Brad Kelley, about how to address the threat of employment discrimination posed by artificial intelligence tools, the subject of their new article in the University of Miami Law Review. They discuss how AI can help make the hiring process easier for employers and how using those tools intersects with the requirements of Title VII and nondiscrimination laws like the Americans with Disabilities Act (ADA).

The Promise and the Peril: Artificial Intelligence and Employment Discrimination (UMLR, 2022)

What do American and European administrative law have in common? How do they differ? And what might Americans and Europeans learn from each other?

These questions were on the mind of Prof. Przyemyslaw Ostojski when he visited the Gray Center this year. As a professor at the Academy of Justice in Warsaw and a prosecutor in the Republic of Poland’s Attorney General’s Office, he is an expert on Polish and European Administrative Law; he visited America to continue his comparative research, which culminated in a recent book on European and American administration.

This episode is from the fourth panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts:

Ashley Baker, Director of Public Policy, Committee for Justice

This episode is from the third panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts:

Jeffrey S. Lubbers, Professor of Practice in Administrative Law, Washington College of Law, American University

This episode is from the Keynote Speech of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It was given by William E. Kovacic, Director, Competition Law Center; Global Competition Professor of Law and Policy; Professor of Law, The George Washington University Law School; former Chairman, Federal Trade Commission

This episode is from the second panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts:

Svetlana Gans, Partner, Gibson, Dunn & Crutcher LLP

This episode is from the first panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts:

Andrew I. Gavil, Professor of Law, Howard University School of Law

Adam White and Jace Lington chat with Anthony P. Campau about his experience with regulatory budgeting during the Trump administration. They discuss Campau’s recent paper, Regulatory Budgeting in the U.S. Federal Government: A First-Hand Account of the Initial Experience and Recommendations for Future Regulatory Budgets, published as part of a symposium in the Harvard Journal of Law & Public Policy Per Curiam, and focus on the challenges and successes OIRA faced implementing the budget.

Regulatory Budgeting in the U.S. Federal Government: A First-Hand Account of the Initial Experience and Recommendations for Future Regulatory Budgets (HJLPP, 2022)