The Marketplace of Ideas

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The Law and Economics Center at Scalia Law is proud to offer Marketplace of Ideas, a podcast series where you will get access to original, high-quality information from events hosted by the LEC.


    • Jan 25, 2022 LATEST EPISODE
    • infrequent NEW EPISODES
    • 1h 3m AVG DURATION
    • 82 EPISODES


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    Latest episodes from The Marketplace of Ideas

    Perspectives on the Economics and Law of Arbitration

    Play Episode Listen Later Jan 25, 2022 76:30


    The Role of Third-Party Financing in the Litigation Ecosystem

    Play Episode Listen Later Jan 25, 2022 74:51


    Lawyer Advertising: Legislation, Free Speech, and Consumer Protection

    Play Episode Listen Later Jan 25, 2022 74:42


    Developments in Discovery Reform

    Play Episode Listen Later Jan 25, 2022 74:56


    Medical Devices and 510(k)

    Play Episode Listen Later Jan 24, 2022 73:59


    Locality Litigation and Public Nuisance

    Play Episode Listen Later Jan 19, 2022 74:10


    Updates on Amendments to Rule 702: Admissibility of Expert Testimony

    Play Episode Listen Later Jan 19, 2022 75:10


    Scientific Methodology and the Admissibility of Expert Testimony

    Play Episode Listen Later Jan 19, 2022 71:55


    The State of Civil Justice: Past, Present, and Future

    Play Episode Listen Later Jan 19, 2022 44:16


    COVID Vaccines, Operation Warp Speed and the Marvels of the Free Market

    Play Episode Listen Later Jan 19, 2022 72:07


    Luncheon Panel at the Fifteenth Annual Judicial Symposium on Civil Justice Issues in Charleston, SC

    Reclaiming the Narrative: A Conversation with Meredith Drent

    Play Episode Listen Later Nov 30, 2021 23:43


    This is the third episode in the LEC's Native American Heritage Month series, "Reclaiming the Narrative: Voices from Indian Country." In this series, tribal leaders share their perspectives and discuss a wide range of issues from indigenous history to tribal courts.

    Reclaiming the Narrative: A Conversation with Chief Standing Bear

    Play Episode Listen Later Nov 30, 2021 40:58


    This is the second episode in the LEC's Native American Heritage Month series, "Reclaiming the Narrative: Voices from Indian Country." In this series, tribal leaders share their perspectives and discuss a wide range of issues from indigenous history to tribal courts.

    Reclaiming the Narrative: A Conversation with Ernest Sickey

    Play Episode Listen Later Nov 30, 2021 24:17


    This is the first episode in the LEC's Native American Heritage Month series, "Reclaiming the Narrative: Voices From Indian Country." In this series, tribal leaders share their perspectives and discuss a wide range of issues from indigenous history to tribal courts.

    PEP Talk: A Conversation with Jane Bambauer

    Play Episode Listen Later Nov 11, 2021 32:15


    How, When, and Why Advance Novel Liability Theories? State and Federal AG Perspectives

    Play Episode Listen Later Nov 10, 2021 50:18


    The Mechanics and Motivations of Settlements, Especially with Public Entities

    Play Episode Listen Later Nov 10, 2021 65:31


    Strategic Litigation and the Power of Developing Precedent

    Play Episode Listen Later Nov 10, 2021 76:24


    The Scope of State Authority to Control Litigation: State Sovereignty, Parens Patriae, Class Certification and Related Matter

    Play Episode Listen Later Nov 10, 2021 76:06


    Public Nuisance - Climate Change Applications

    Play Episode Listen Later Nov 10, 2021 70:51


    Public Entity Partnerships with Private Plaintiffs' Attorneys - Who and What Are Motivating Novel Liability Claims by Public Entities

    Play Episode Listen Later Nov 10, 2021 74:15


    Locality Litigation and Public Entity Incentives to File Lawsuits: Public Interest, Politics, Public Finance or Financial Gain?

    Play Episode Listen Later Nov 10, 2021 70:33


    Panel on The Scope and Limits of Public Nuisance: Exploring History, Precedents, and Attempts at Expansion

    Play Episode Listen Later Nov 10, 2021 74:33


    Panel on Public Nuisance - Opioids, COVID-19, and Other Applications

    Play Episode Listen Later Nov 10, 2021 74:19


    The Growth of MDLs: What's Driving the Trends and At What Consequence for Civil Justice?

    Play Episode Listen Later Nov 3, 2021 60:04


    Civil Justice Preview of the Supreme Court's 2021-2022 Term

    Play Episode Listen Later Nov 3, 2021 61:59


    Civil Justice Review of the Supreme Court's 2020-2021 Term

    Play Episode Listen Later Nov 3, 2021 63:58


    PEP Talk: A Conversation with Sasha Romanosky

    Play Episode Listen Later Nov 2, 2021 32:03


    PEP Talk: A Conversation with James Cooper

    Play Episode Listen Later Nov 2, 2021 41:53


    Interview with Nobel Laureate Dr. Vernon L. Smith on the Future of the Intellectual Defense of Capitalism

    Play Episode Listen Later Oct 8, 2021 75:23


    Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy 

    Classical Theory of Human Action in Society and Economy: Sentiments to Property to Wealth

    Play Episode Listen Later Oct 8, 2021 73:08


    Forum on the Economic and Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy 

    The Continuing Significance of Friedrich Hayek's "Law, Legislation & Liberty"

    Play Episode Listen Later Oct 8, 2021 75:59


    Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon L. Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy

    Attacks on Capitalism: Politics, Movements, and the Perversion of First Principles

    Play Episode Listen Later Oct 8, 2021 72:38


    Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy

    How to Read Adam Smith

    Play Episode Listen Later Oct 8, 2021 74:36


    Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy 

    The Continuing Significance of Milton Friedman's "Capitalism and Freedom" and of Milton and Rose Friedman's "Free to Choose"

    Play Episode Listen Later Oct 8, 2021 73:34


    Forum on the Economic & Legal Foundations of Capitalism, with Nobel laureate Vernon Smith Cosponsored with the Smith Institute for Political Economy and Philosophy 

    The Future of Digital Advertising

    Play Episode Listen Later Jul 12, 2021 80:01


    Panel on Privacy, Data, and Competition Policy at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security. Panel Members: David LeDuc, Vice President of Public Policy, Network Advertising Initiative Alison Pepper, Executive Vice President of Government Relations, The 4As Lindsey Barrett, Fritz Family Fellow and Adjunct Professor of Law, Georgetown University Law Center Ari Levenfeld, Senior Manager, Government Affairs & Public Policy, Google

    Perspectives on Surveillance Capitalism

    Play Episode Listen Later Jul 12, 2021 57:24


    Panel on Perspectives on Surveillance Capitalism at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security. Panel Members: Jane Bambauer, Professor of Law, University of Arizona James E. Rogers College of Law Neil Chilson, Senior Research Fellow, Charles Koch Institute Moderator: Andrew Stivers Associate Director, NERA Economic Consulting

    Panel on Privacy, Data, and Competition Policy

    Play Episode Listen Later Jul 12, 2021 74:34


    Panel on Privacy, Data, and Competition Policy at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security. Panel Members:  Erika Douglas, Assistant Professor of Law, Temple University Beasley School of Law Michael Kades, Director of Markets and Competition Policy, Washington Center for Equitable Growth John Yun, Associate Professor of Law, George Mason University Antonin Scalia Law School

    Fireside Chat with FTC Commissioner Noah Phillips

    Play Episode Listen Later Jul 12, 2021 46:42


    Fireside Chat with FTC Commissioner Noah Phillips moderated by James C. Cooper at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security.

    Lunch with Jon Fasman, US Digital Editor, The Economist - June 10, 2021

    Play Episode Listen Later Jul 12, 2021 28:15


    Keynote Luncheon Address from Jon Fasman, US Digital Editor, The Economist at the Ninth Annual Symposium on the Law & Economics of Privacy & Data Security. 

    The Challenge of Recognizing Good Science in the Courtroom

    Play Episode Listen Later May 24, 2021 74:59


    Listen in to the LEC's Judicial Symposium on Scientific Methodology and the Admissibility of Expert Testimony to hear an insightful panel discussion on "The Challenge of Recognizing Good Science in the Courtroom" featuring:  David E. Bernstein, University Professor and Executive Director, Liberty and Law Center, George Mason University Antonin Scalia Law School Edward Casmere, Partner, Riley Safer Holmes & Cancila LLP Jeffrey S. Parker, Professor of Law (Retired), George Mason University Antonin Scalia Law School Thomas Sheehan, Partner, Shook Hardy & Bacon LLP Moderator: Erin O'Hara O'Connor, Dean and McKenzie Professor of Law, Florida State University College of Law To watch a full video recording of the panel discussion, click here.   

    Issues in Documenting and Calculating Damages

    Play Episode Listen Later Apr 16, 2021 72:18


    Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "Issues in Documenting and Calculating Damages:The Debate Over Medical Financing and “Phantom” Damages" featuring:  Nicholas C. Johnson, Of Counsel, Cohen Milstein Sellers & Toll PLLC Drew LaFramboise, Partner, Ashcraft & Gerel  Lee Mickus, Partner, Evans Fears & Schuttert LLP  Caitlin F. Saladrigas, Partner, Holland & Knight Moderator: William C. Mims, Justice, Virginia Supreme Court   To watch a full video recording of the panel discussion, click here. 

    The Controversy over Trends in High Damage Awards

    Play Episode Listen Later Apr 9, 2021 66:46


    Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "The Controversy over Trends in High Damage Awards: A Discussion on Causes and Consequences" featuring: David Ball, Trial Consultant, Malekpour & Ball Litigation Strategy Mark A. Behrens, Co-Chair, Public Policy Practice Group, Shook Hardy & Bacon John H. Beisner, Partner, Litigation, Mass Torts, Insurance, and Consumer Litigation Skadden, Arps, Slate, Meagher & Flom LLP Laura Frank Sedrish, Partner, Jacoby & Meyers Moderator: Brock A. Swartzle, Judge, Michigan Court of Appeals   To watch the full video recording of the panel discussion, click here. 

    Developments in Punitive Damages

    Play Episode Listen Later Apr 2, 2021 56:09


    Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "Developments in Punitive Damages" featuring:  Eric D. Holland, Owner and Partner, Holland Law Firm, LLC Evan M. Tager, Partner, Mayer Brown W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management and Co-Director, PhD Program in Law and Economics, Vanderbilt Law School Navan Ward, Principal, Beasley Allen Moderator: Harris L Hartz, Circuit Judge, US Court of Appeals for the Tenth Circuit   To watch the full video recording of the panel discussion, click here. 

    An Update on the Ongoing Debate over Nationwide Injunctions, Especially with a Change in Presidential Administration

    Play Episode Listen Later Mar 26, 2021 63:14


    Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "An Update on the Ongoing Debate over Nationwide Injunctions, Especially with a Change in Presidential Administration" featuring:  Samuel L. Bray, Professor of Law, The Notre Dame University Law School Scott A. Keller, Former Solicitor General State of Texas (2015-2018) Amy Marshak, Senior Counsel, Institute for Constitutional Advocacy and Protection and Adjunct Professor of Law, Georgetown University Law Center Michael T. Morley, Associate Professor, Florida State University College of Law Moderator: Trevor N. McFadden, District Judge, US District Court for the District of Columbia   To watch the full video recording of the panel discussion, click here.

    Emerging State Interventions in Patent Settlements and Other Intellectual Property Matters Affecting Pharmaceuticals

    Play Episode Listen Later Mar 19, 2021 74:46


    Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear a panel discussion on "Emerging State Interventions in Patent Settlements and Other Intellectual Property Matters Affecting Pharmaceuticals" featuring:  Adam Mossoff, Professor of Law, George Mason University Antonin Scalia Law School David Reichenberg, Co-Chair, Antitrust, Cozen O'Connor Richard Samp, Senior Litigation Counsel, New Civil Liberties Alliance Melissa Feeney Wasserman, Charles Tilford McCormick Professor of Law, The University of Texas at Austin School of Law   To watch the full video recording of the panel discussion, click here. 

    Federal Efforts to Control Pharmaceutical Prices

    Play Episode Listen Later Mar 12, 2021 63:57


    Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear a panel discussion on "Federal Efforts to Control Pharmaceutical Prices" featuring:  James W. Kim, Partner, McDermott Will & Emery William Padula, Fellow, University of Southern California Schaeffer Center and Assistant Professor, Department of Pharmaceutical and Health Economics, University of Southern California School of Pharmacy Serra J. Schlanger, Director, Hyman, Phelps & McNamara PC   To watch the full video recording of the panel discussion, click here. 

    State Price Controls for Pharmaceutical Products

    Play Episode Listen Later Feb 24, 2021 67:37


    Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear a panel discussion on "State Price Controls for Pharmaceutical Products" featuring: Kirsten Axelsen, Senior Policy Advisor, DLA Piper and Visiting Fellow, American Enterprise Institute  Sarah Kaminer Bourland, RN, BSN, MPH Legislative Director, Patients for Affordable Drugs Peter Maybarduk, Director, Public Citizen Steven Horwitz, Distinguished Professor of Free Enterprise and Director, Institute for the Study of Political Economy, Ball State University   To watch the full video recording of the panel discussion, click here. 

    The Economics of Pharmaceutical Drug Development & Regulation

    Play Episode Listen Later Feb 11, 2021 61:02


    Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear from Kenneth I. Kaitin, Senior Fellow and former Director of the Tufts Center for the Study of Drug Development at Tufts University School of Medicine.   To watch the full video recording of Professor Kaitin's Lecture, click here. 

    Cost-Benefit Analysis and Regulatory Stability

    Play Episode Listen Later Jan 21, 2021 51:04


    Today's episode of The Marketplace of Ideas brings you a conversation between two of the leading minds in the academy on cost-benefit analysis. Caroline Cecot is an Assistant Professor of Law at Antonin Scalia Law School at George Mason University. She teaches administrative law, environmental law, and torts. Professor Cecot has published widely in leading journals, and is a co-author of the casebook Environmental Law and Policy, 4th Ed. (Foundation Press, 2019). Prior to joining the faculty, Professor Cecot was a Postdoctoral Research Scholar in Law and Economics at Vanderbilt Law School and clerked for the Honorable Raymond J. Lohier, Jr., of the United States Court of Appeals for the Second Circuit. She was also a Legal Fellow at the Institute for Policy Integrity at New York University School of Law. Professor Cecot is an affiliated scholar at the Atlantic Council, the C. Boyden Gray Center for the Study of the Administrative State, the Institute for Policy Integrity, and the Technology Policy Institute. She also regularly serves as an instructor in Law & Economics Center educational programming. She currently serves on the US Environmental Protection Agency Science Advisory Board's Economic Guidelines Review Panel. Professor Cecot earned an AB degree, magna cum laude, in economics from Harvard College, a JD from Vanderbilt Law School, and a PhD in law and economics from Vanderbilt University. During her graduate studies, she received the Robert F. Jackson Prize and the Archie B. Martin Memorial Prize for her grades; and she was elected to Order of the Coif. Click here to read Professor Cecot's recent article, and the focal point for today's episode, on “Deregulatory Cost-Benefit Analysis and Regulatory Stability.”   Michael A. Livermore is the Edward F. Howrey Professor of Law at the University of Virginia School of Law. He teaches environmental law, administrative law, regulatory law and policy, and advanced seminars on these topics. Professor Livermore is a leading expert on the use of cost-benefit analysis to evaluate regulation, and has published widely in leading journals. He is the co-author of Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health (Oxford University Press, 2020) and Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008).  He is also the co-editor of The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013). Prior to joining the faculty, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law. Livermore earned his JD magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law's Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the US Court of Appeals for the DC Circuit. Professor Livermore is also Professor Livermore is a public member of the Administrative Conference of the United States. Click here to read Professor Livermore's new book with Richard L. Revesz on “Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health.”   Links Caroline Cecot, Deregulatory Cost-Benefit Analysis and Regulatory Stability, 68 Duke L.J. 1593 (2019), https://scholarship.law.duke.edu/dlj/vol68/iss8/2 Michael A. Livermore and Richard L. Revesz, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health, Oxford University Press (2020), https://oxford.universitypressscholarship.com/view/10.1093/oso/9780197539446.001.0001/oso-9780197539446

    A Survey of Emerging Issues in Civil Justice

    Play Episode Listen Later Jan 4, 2021 71:41


    Listen in to the twelfth panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: John H. Beisner, Partner, Skadden, Arps, Slate, Meagher & Flom LLP Robert S. Peck, Founder and President, Center for Constitutional Litigation Kalpana Srinivasan, Managing Partner, Susman Godfrey LLP  Moderator: Sarah E. Pitlyk, Judge, US District Court for the Eastern District of Missouri

    The New California Privacy Act and Other Emerging Issues in Privacy Litigation

    Play Episode Listen Later Jan 4, 2021 73:37


    Listen in to the eleventh panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: James C. Cooper, Associate Professor of Law and Director, Program on Economics & Privacy, George Mason University Antonin Scalia Law School Katherine E. Charonko, Partner, Bailey & Glasser LLP William C. MacLeod, Partner, Kelley Drye & Warren LLP Alastair Mactaggart, Board Chair and Founder, Californians for Consumer Privacy  Moderator: Jennifer Choe-Groves, Judge, US Court of International Trade

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