Gray Matters https://ricochet.com Fri, 22 Jan 2021 18:32:47 +0000 en-US hourly 1 174309703 The Ricochet Audio Network The Ricochet Audio Network support@ricochet.com arbitrary & capricious, administrative law, administrative state, bureaucratic state, Adam J. White, Boyden Gray, Antonin Scalia Law School, George Mason University https://cdn.ricochet.com/wp-content/uploads/2019/11/arbitrary-capricious.png Gray Matters https://ricochet.com no episodic 2021 by The Ricochet Audio Network The Future of Environmental and Energy Policy in the Biden Administration The Future of Environmental and Energy Policy in the Biden Administration Fri, 22 Jan 2021 16:07:54 +0000 Promptly 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 grapple with this issue. And, of course, this is just one of several issues of energy and environmental policy that the new administration will be handling. What new legislative and regulatory initiatives should we expect? What challenges will they confront? What are their prospects for success?

To discuss these and other issues, the Gray Center hosted a webinar conversation with several experts, including Jonathan Adler of the Case Western Reserve University School of Law, Gene Grace of American Clean Power, and Lisa Heinzerling of the Georgetown University Law Center. The conversation was moderated by the Gray Center's Director, Adam White. This was the second event in the Gray Center's series, "The Administrative State in Transition."

Featuring Jonathan Adler, Gene Grace, Lisa Heinzerling, and Adam White.


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874742 Gray Matters 1:17:51 No full https://ricochet.com/podcast/gray-matters/the-future-of-environmental-and-energy-policy-in-the-biden-administration/
The Future of White House Regulatory Oversight in the Biden Administration The Future of White House Regulatory Oversight in the Biden Administration Fri, 15 Jan 2021 16:48:42 +0000 Over 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 frameworks for regulatory oversight? What old and new tools will it keep? And what new innovations might it deliver?

To discuss these and other issues, the Gray Center hosted a webinar conversation with several leading experts: Michael Livermore of the University of Virginia School of Law, Jennifer Nou of the University of Chicago Law School, and Stuart Shapiro of the Rutgers University Bloustein School of Planning and Public Policy. The conversation was moderated by the Gray Center's Director, Adam White. This was the first event in the Gray Center's 2021 virtual event series, "The Administrative State in Transition."

This episode features Michael Livermore, Jennifer Nou, Stuart Shapiro, and Adam White.


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869693 Gray Matters 1:21:36 No full https://ricochet.com/podcast/gray-matters/the-future-of-white-house-regulatory-oversight-in-the-biden-administration/
“Reviving Rationality” with Michael Livermore and Richard Revesz “Reviving Rationality” with Michael Livermore and Richard Revesz Tue, 17 Nov 2020 16:04:27 +0000 In 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 Rationality, which analyzes developments since 2008, and proposes further reforms for cost-benefit analysis going forward. They discuss it with the Gray Center's Executive Director, Adam White.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/reviving-rationality-with-michael-livermore-and-richard-revesz/.


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827680 Gray Matters 59:36 No full https://ricochet.com/podcast/gray-matters/reviving-rationality-with-michael-livermore-and-richard-revesz/
The Unrule of Law as the Law of Unrules, with Cary Coglianese and Daniel Walters The Unrule of Law as the Law of Unrules, with Cary Coglianese and Daniel Walters Tue, 10 Nov 2020 16:45:17 +0000 Governments 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 and Walters are our guests today. They describe the two main categories of unrules ("dispensations" and "carve-outs") and consider how administrative law might be reoriented to better account for them.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/the-unrule-of-law-as-the-law-of-unrules-with-cary-coglianese-and-daniel-walters/.


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822383 Gray Matters 45:33 No full https://ricochet.com/podcast/gray-matters/the-unrule-of-law-as-the-law-of-unrules-with-cary-coglianese-and-daniel-walters/
How Chief Justice Taft Wrote the Famous Myers Opinion, with Robert Post How Chief Justice Taft Wrote the Famous Myers Opinion, with Robert Post Thu, 05 Nov 2020 15:00:53 +0000 The 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 issues amid the rise of the modern administrative state.

As it happens, Professor Robert Post of the Yale Law School is also thinking back to that era, as he writes the next volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. He gives us a preview in a fascinating and entertaining article for the Journal of Supreme Court History, titled "Tension in the Unitary Executive: How Taft Constructed the Epochal Opinion of Taft v. United States." (Also available to read at SSRN.)

In this episode, he discusses the case (and some amusing examples of Chief Justice Taft's voluminous correspondence) with Adam White. Adam previously wrote about Professor Post's article at the Yale J-Reg's Notice and Comment blog.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/how-chief-justice-taft-wrote-the-famous-myers-opinion-with-robert-post/.


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820583 Gray Matters 49:07 No full https://ricochet.com/podcast/gray-matters/how-chief-justice-taft-wrote-the-famous-myers-opinion-with-robert-post/
Annual Supreme Court Preview: 2020–2021 Annual Supreme Court Preview: 2020–2021 Thu, 29 Oct 2020 18:13:52 +0000 Last 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 themes of administrative governance, the Gray Center's annual Supreme Court preview featured three experts: Jonathan Adler of the Case Western Reserve University, Aditya Bamzai of the University of Virginia, and Katie Townsend of the Reporters Committee for Freedom of the Press. The discussion, in a live webinar on October 23, 2020, was moderated by our Executive Director, Adam White.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/annual-supreme-court-preview-2020-2021/.


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818409 Gray Matters 1:05:48 No full https://ricochet.com/podcast/gray-matters/annual-supreme-court-preview-2020-2021/
The Clean Air Act and the Transformation of Congress: Frank Manheim and David Schoenbrod (Congress and the Administrative State Series) The Clean Air Act and the Transformation of Congress: Frank Manheim and David Schoenbrod (Congress and the Administrative State Series) Wed, 28 Oct 2020 20:56:51 +0000 Congress'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 Congressional Lawmaking by the Clean Air Act of 1970 and Its Effects."

In this episode, part of the Gray Center's "Congress and the Administrative State" conference series, Prof. Manheim and Adam White are joined by Prof. David Schoenbrod, a Trustee Professor of Law at the New York Law School and a Senior Fellow at the Niskanen Center, to talk about environmental law and modern lawmaking.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/the-clean-air-act-and-the-transformation-of-congress-frank-manheim-and-david-schoenbrod-congress-and-the-administrative-state-series/.


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817906 Gray Matters 40:27 No full https://ricochet.com/podcast/gray-matters/the-clean-air-act-and-the-transformation-of-congress-frank-manheim-and-david-schoenbrod-congress-and-the-administrative-state-series/
Thinking About “The Congressional Bureaucracy,” with Abbe Gluck, Jesse Cross, and Josh Chafetz (Congress and the Administrative State Series) Thinking About “The Congressional Bureaucracy,” with Abbe Gluck, Jesse Cross, and Josh Chafetz (Congress and the Administrative State Series) Mon, 26 Oct 2020 18:25:41 +0000 The 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--some well-known, like the Government Accountability Office, and others less so, like the Office of Law Revision Counsel.

 In this episode, they discuss their new paper with Gray Center Executive Director, Adam White, and Professor Josh Chafetz. Together, they consider what "the congressional bureaucracy" tells us about Congress itself and the laws that it enacts.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/thinking-about-the-congressional-bureaucracy-with-abbe-gluck-jesse-cross-and-josh-chafetz-congress-and-the-administrative-state-series/.


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817258 Gray Matters 49:50 No full https://ricochet.com/podcast/gray-matters/thinking-about-the-congressional-bureaucracy-with-abbe-gluck-jesse-cross-and-josh-chafetz-congress-and-the-administrative-state-series/
Congress and Cost-Benefit Analysis, with Caroline Cecot and Ricky Revesz (Congress and the Administrative State Series) Congress and Cost-Benefit Analysis, with Caroline Cecot and Ricky Revesz (Congress and the Administrative State Series) Fri, 23 Oct 2020 14:14:19 +0000 We 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-benefit analysis, too, often requiring agencies to consider costs and benefits, and sometimes even requiring rules to be net-beneficial.

Professor Caroline Cecot of George Mason University's Antonin Scalia Law School explores this in her new Gray Center working paper, "Congress and the Stability of the Cost-Benefit Analysis Consensus." She discusses it in today's episode, with Gray Center Executive Director Adam White and with Professor Ricky Revesz, NYU's Lawrence King Professor of Law and Director of the Institute for Policy Integrity.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/congress-and-cost-benefit-analysis-with-caroline-cecot-and-ricky-revesz-congress-and-the-administrative-state-series/.


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816066 Gray Matters 47:16 No full https://ricochet.com/podcast/gray-matters/congress-and-cost-benefit-analysis-with-caroline-cecot-and-ricky-revesz-congress-and-the-administrative-state-series/
Congressional Reform from 1981 Onward: Philip Wallach and Molly Reynolds (Congress and the Administrative State Series) Congressional Reform from 1981 Onward: Philip Wallach and Molly Reynolds (Congress and the Administrative State Series) Wed, 21 Oct 2020 13:50:10 +0000 In 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 of government, and how did those reforms affect Congress's relationship to the President and administrative agencies?

This episode, part of the Gray Center's "Congress and the Administrative State" conference series, centers around Philip Wallach's new working paper, "The Revolution That Wasn't: Conservatives Against Congress, 1981-2018." He discusses the paper with the Brookings Institution's Molly Reynolds, and the Gray Center's Adam White.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/congressional-reform-from-1981-onward-philip-wallach-and-molly-reynolds-congress-and-the-administrative-state-series/.


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814883 Gray Matters 51:25 No Congress and the Administrative State,Congressional Reform,Molly Reynolds,Philip Wallach full https://ricochet.com/podcast/gray-matters/congressional-reform-from-1981-onward-philip-wallach-and-molly-reynolds-congress-and-the-administrative-state-series/
“The Decision of 1946: The Legislative Reorganization Act and the APA,” with Joseph Postell and Jeremy Rabkin (Congress and the Administrative State Series) “The Decision of 1946: The Legislative Reorganization Act and the APA,” with Joseph Postell and Jeremy Rabkin (Congress and the Administrative State Series) Mon, 19 Oct 2020 15:40:32 +0000 Administrative 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 the administrative state. But its proponents were disappointed to see major provisions dropped from the final bill, and after its enactment the LRA generally failed to live up to its framers' expectations. How can the LRA inform debates about Congress today? And how should the LRA help us to understand the 1946 Congress's goals for the APA itself?

Professor Joseph Postell of Hillsdale College explores this in his new Gray Center working paper, "The Decision of 1946: The Legislative Reorganization Act and the Administrative Procedure Act." He discusses it in today's episode with Adam White and with Jeremy Rabkin of the Antonin Scalia Law School.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/the-decision-of-1946-the-legislative-reorganization-act-and-the-apa-with-joseph-postell-and-jeremy-rabkin-congress-and-the-administrative-state-series/.


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813907 Gray Matters 44:45 No Administrative Procedure Act,Antonin Scalia Law School,Arbitrary & Capricious,Congress and the Administrative State,Hillsdale College,Jeremy Rabkin,Joseph Postell,Legislative Reorganization Act full https://ricochet.com/podcast/gray-matters/the-decision-of-1946-the-legislative-reorganization-act-and-the-apa-with-joseph-postell-and-jeremy-rabkin-congress-and-the-administrative-state-series/
Joshua Wright on “Weaponizing Antitrust” Against Tech Companies Joshua Wright on “Weaponizing Antitrust” Against Tech Companies Wed, 14 Oct 2020 16:04:02 +0000 Today'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 co-authored an essay on recent calls to use antitrust law to regulate or break up "big tech" companies. The essay is titled "A Time for Choosing: The Conservative Case Against Weaponizing Antitrust," and it is among the first essays in a series published by National Affairs, a quarterly journal on policy.

The series, edited by the Gray Center's Executive Director, Adam White, is "Big Tech, Big Government: The Challenges of Regulating Internet Platforms." In this episode, Professor Wright discusses his essay, particularly in light of the new House Judiciary Committee staff report calling for government regulation or break-up of Amazon, Apple, Facebook, and Google.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/joshua-wright-on-weaponizing-antitrust-against-tech-companies/.


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812263 Gray Matters 54:19 No full https://ricochet.com/podcast/gray-matters/joshua-wright-on-weaponizing-antitrust-against-tech-companies/
After 50 Years, What Is the National Environmental Policy Act Today? After 50 Years, What Is the National Environmental Policy Act Today? Thu, 08 Oct 2020 18:04:25 +0000 On 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 Policy Act (NEPA) into law. A briefly worded but powerful law, NEPA requires federal agencies to consider the environmental impacts of the actions that they take, and the actions that they authorize others to take.

Fifty years later, how should we think of how NEPA has been implemented, and how it might be implemented in the years ahead? This webinar brought together two leading experts to tackle these questions: Professor E. Donald Elliott of Scalia Law, Yale Law, and Covington & Burling; and Professor Michael Gerrard of Columbia Law. The discussion was moderated by the Gray Center's Executive Director, Adam White, with welcome remarks from Scalia Law student Gary Bridgens, president of the Society for Environmental and Energy Law.

Featuring Gary Bridgens, E. Donald Elliott, Michael Gerrard, and Adam White.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/after-50-years-what-is-the-national-environmental-policy-act-today/.


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810169 Gray Matters 1:01:51 No full https://ricochet.com/podcast/gray-matters/after-50-years-what-is-the-national-environmental-policy-act-today/
Adam Mossoff on the Innovation Economy and the Administrative State Adam Mossoff on the Innovation Economy and the Administrative State Mon, 05 Oct 2020 15:29:46 +0000 Today'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 regulatory body empowered to revoke companies' patents through an administrative process instead of a judicial trial. Months later, in Oil States Energy Services v. Greene's Energy Group, the Supreme Court upheld the PTAB's constitutionality, and declared patent rights to be "public rights"--a discretionary grant of privilege by the executive branch, revokable at will. This decision had major ramifications for both intellectual property law and the innovation economy that rests on that body of law. In today's episode, Professor Mossoff and Adam White revisit the Oil States decision--the issues, and the impact.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/adam-mossoff-on-the-innovation-economy-and-the-administrative-state/.


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808524 Gray Matters 59:10 No full https://ricochet.com/podcast/gray-matters/adam-mossoff-on-the-innovation-economy-and-the-administrative-state/
Teaching Administrative Law Outside the Classroom: Ballotpedia’s Christopher Nelson Teaching Administrative Law Outside the Classroom: Ballotpedia’s Christopher Nelson Wed, 23 Sep 2020 14:02:30 +0000 We 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-specialists. Another is Ballotpedia.org: Two years ago it created an Administrative State Project to serve as a public resource on administrative law, and today its encyclopedic website offers hundreds of pages of educational materials on the administrative state's modern work and historical underpinnings. In this episode, Adam is joined by Christopher Nelson, who manages Ballotpedia's Administrative State Project.

Featuring Christopher Nelson and Adam White.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/teaching-administrative-law-outside-the-classroom-ballotpedias-christopher-nelson/.


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804568 Gray Matters 32:58 No full https://ricochet.com/podcast/gray-matters/teaching-administrative-law-outside-the-classroom-ballotpedias-christopher-nelson/
Tech Regulation Series Keynote Conversation with FTC Commissioner Noah Phillips Tech Regulation Series Keynote Conversation with FTC Commissioner Noah Phillips Thu, 17 Sep 2020 14:03:59 +0000 The 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 Phillips joins Adam White to discuss issues ranging from the nondelegation doctrine, to agency structure and process, to issues like market competition and personal privacy. This live webinar was recorded on September 2, 2020.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/tech-regulation-series-keynote-conversation-with-ftc-commissioner-noah-phillips/.


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802368 Gray Matters 47:26 No full https://ricochet.com/podcast/gray-matters/tech-regulation-series-keynote-conversation-with-ftc-commissioner-noah-phillips/
Rethinking Regulatory Paradigms in a High-Tech Era (Tech Regulation Series) Rethinking Regulatory Paradigms in a High-Tech Era (Tech Regulation Series) Wed, 16 Sep 2020 14:01:11 +0000 During 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 best do their jobs in a way that promotes innovation and the public interest?

In a pair of new Gray Center working papers, Gus Hurwitz (University of Nebraska) and Geoffrey Manne (International Center of Law & Economics) offer two new ways to think of the regulatory task: "Regulation as a Discovery Process," in which the regulatory process is geared toward promoting the creation and spread of knowledge; and "Regulation as Partnership," in which the regulators and the regulated see each other in less adversarial terms.

To discuss these papers, Adam White interviews Hurwitz, Manne, and Jennifer Huddleston (American Action Forum) to describe the biggest opportunities--and biggest problems--presented in Manne's and Hurwitz's proposed reforms.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/rethinking-regulatory-paradigms-in-a-high-tech-era/.


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802222 Gray Matters 1:03:46 No full https://ricochet.com/podcast/gray-matters/rethinking-regulatory-paradigms-in-a-high-tech-era/
AirBNB and Local Regulators (Tech Regulation Series) AirBNB and Local Regulators (Tech Regulation Series) Tue, 15 Sep 2020 14:02:26 +0000 Conversations 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 like AirBNB have faced countless regulations from countless regulators.

That is the subject of a new Gray Center Working Paper by Professor Jordan Carr Peterson (North Carolina State). In "Zoning for Disruption," he finds that AirBNB's arrival in a city can trigger significant regulatory responses not spurred by less-famous short-term rental companies. He describes that dynamic, and the wide range of regulations at issue.

To discuss his paper, and broader issues of regulation and short-term rentals, Adam White and Professor Peterson are joined by the University of Idaho's Professor Stephen Miller and AirBNB's former Head of Policy Strategy, David Owen.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/airbnb-and-local-regulators/.


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792528 Gray Matters 47:27 No full https://ricochet.com/podcast/gray-matters/airbnb-and-local-regulators/
“Section 230” and the Regulation of Web Sites (Tech Regulation Series) “Section 230” and the Regulation of Web Sites (Tech Regulation Series) Mon, 14 Sep 2020 14:00:19 +0000 Nearly 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, this legal protection helped the early generation of Internet web sites grow and change the world. Today, Section 230 has become the central focus of today's debates surrounding Facebook, Twitter, and other Internet platforms.

In this episode, Enrique Armijo (Elon University) and Matthew Feeney (Cato Institute) join Adam White to discuss the Gray Center Working Papers that they recently published on the Section 230 debates, and the broader technological and policy issues at stake.

This is one episode in a series of podcasts on current tech regulations, discussing new working papers that were debated in Gray Center research roundtable last year.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/section-230-and-the-regulation-of-web-sites/.


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Subscribe to Gray Matters in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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801104 Gray Matters 48:00 No full https://ricochet.com/podcast/gray-matters/section-230-and-the-regulation-of-web-sites/
The Common Good: Rebuilding Trust and Rebooting the System with Philip Howard The Common Good: Rebuilding Trust and Rebooting the System with Philip Howard Fri, 04 Sep 2020 18:00:30 +0000 Philip 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 of governance and social trust. In a July op-ed for USA Today, he wrote that "America needs a new public operating system that re-empowers people with responsibility to deal sensibly with" matters of governance.

How would we "reboot" America's "operating system"? And, more fundamentally, what is "the common good"--and how can Americans work together to advance it? To discuss these themes, he joins Adam White for today's episode.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/the-common-good-rebuilding-trust-and-rebooting-the-system-with-philip-howard/.


Now become a Ricochet member for only $5.00 a month! Join and see what you’ve been missing: https://ricochet.com/membership/.


Subscribe to Gray Matters in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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799587 Gray Matters 47:07 No full https://ricochet.com/podcast/gray-matters/the-common-good-rebuilding-trust-and-rebooting-the-system-with-philip-howard/
Minutes to Midnight, or Four More Years: The Regulatory Agenda with Bridget Dooling & Philip Wallach Minutes to Midnight, or Four More Years: The Regulatory Agenda with Bridget Dooling & Philip Wallach Thu, 06 Aug 2020 23:06:47 +0000 The 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. To put the last few months into perspective and to look ahead to the coming months, Adam White chats with Bridget Dooling of George Washington University's Regulatory Studies Center, and Philip Wallach of the R Street Institute.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/minutes-to-midnight-or-four-more-years-the-regulatory-agenda-with-bridget-dooling-philip-wallach/.


Now become a Ricochet member for only $5.00 a month! Join and see what you’ve been missing: https://ricochet.com/membership/.


Subscribe to Gray Matters in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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789999 Gray Matters 36:40 No Regulation,Regulatory/Administrative State full https://ricochet.com/podcast/gray-matters/minutes-to-midnight-or-four-more-years-the-regulatory-agenda-with-bridget-dooling-philip-wallach/
Executive Privilege: A Discussion with Dean Mark Rozell Executive Privilege: A Discussion with Dean Mark Rozell Fri, 24 Jul 2020 12:30:58 +0000 The 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, involving subpoenas from the House of Representatives; and Trump v. Vance, involving subpoenas from a New York district attorney.

To discuss the history of executive privilege and modern developments, Adam White is joined by Mark Rozell, Dean of George Mason University's Schar School of Public Policy and Government, and co-author of the newly published fourth edition of "Executive Privilege: Presidential Power, Secrecy, and Accountability."


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/executive-privilege-a-discussion-with-dean-mark-rozell/.


Now become a Ricochet member for only $5.00 a month! Join and see what you’ve been missing: https://ricochet.com/membership/.


Subscribe to Gray Matters in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

]]> 782273 Gray Matters 43:44 No full https://ricochet.com/podcast/gray-matters/executive-privilege-a-discussion-with-dean-mark-rozell/ Evasive Entrepreneurs: Innovation and the Administrative State Evasive Entrepreneurs: Innovation and the Administrative State Tue, 14 Jul 2020 14:07:33 +0000 How 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 thing.

In this episode, the Gray Center's director Adam White interviews Thierer about his book (and his previous book, "Permissionless Innovation"), with an eye to how high-tech companies and governments might help improve each other--for all of us.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/evasive-entrepreneurs-innovation-and-the-administrative-state/.


Now become a Ricochet member for only $5.00 a month! Join and see what you’ve been missing: https://ricochet.com/membership/.


Subscribe to Gray Matters in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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778780 Gray Matters 45:08 No full https://ricochet.com/podcast/gray-matters/evasive-entrepreneurs-innovation-and-the-administrative-state/
The Dubious Morality of Administrative Law The Dubious Morality of Administrative Law Thu, 09 Jul 2020 22:06:29 +0000 On 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 from the audience. Richard previously keynoted two Gray Center conferences.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/the-dubious-morality-of-administrative-law/.


Now become a Ricochet member for only $5.00 a month! Join and see what you’ve been missing: https://ricochet.com/membership/.


Subscribe to Gray Matters in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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777491 Gray Matters 58:03 No full https://ricochet.com/podcast/gray-matters/the-dubious-morality-of-administrative-law/
Tort Liability for Businesses During COVID-19 Tort Liability for Businesses During COVID-19 Thu, 25 Jun 2020 19:37:21 +0000 On 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 whether to open up and conduct business, especially as they try to identify their duties in preventing COVID-19 related injuries to employees and customers. Likewise, individuals are uncertain about what level of care they should expect from businesses. This subject is extremely complicated because it involves both federal and state issues, as well as tort law. Debate has begun about whether laws should be drafted which limit or expand the traditional rules of tort liability in light of the unique risks of doing business during a public health crisis. 

The live webinar examined the economic and legal arguments for and against COVID-19-related business liability reform. Panelists included Timothy Lytton, Associate Dean for Research & Faculty Development, and Distinguished University Professor & Professor of Law, Georgia State University College of Law; David B. Rivkin, Partner at BakerHostetler, and the Gray Center's Executive Director, Adam White. The panel was moderated by Donald J. Kochan, Incoming Professor of Law and Deputy Executive Director of the Law and Economics Center, Antonin Scalia Law School at George Mason University. The video is available at: https://administrativestate.gmu.edu/events/a-discussion-on-tort-liability-for-businesses-during-covid-19/. 

Featuring Donald J. Kochan, Timothy Lytton, David B. Rivkin, and Adam White.


Join the conversation and comment on this podcast episode: https://ricochet.com/podcast/gray-matters/tort-liability-for-businesses-during-covid-19/.


Now become a Ricochet member for only $5.00 a month! Join and see what you’ve been missing: https://ricochet.com/membership/.


Subscribe to Gray Matters in Apple Podcasts (and leave a 5-star review, please!), or by RSS feed. For all our podcasts in one place, subscribe to the Ricochet Audio Network Superfeed in Apple Podcasts or by RSS feed.

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772644 Gray Matters 1:05:26 No full https://ricochet.com/podcast/gray-matters/tort-liability-for-businesses-during-covid-19/