Podcasts about Administrative law

What if the recent crackdown on elite universities didn't start with Trump—but with Obama? In this episode, we trace a surprising through-line connecting Obama's Title IX enforcement to Trump's Title VI threats. Harvard Law Professor Jacob Gersen joins us to reveal how both presidents used informal bureaucratic tools to reshape higher education—often without Congress. What does this say about presidential power and academic freedom in America?Papers discussed:“The Sex Bureaucracy”: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2750143“The Six Bureaucracy”: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5199652

In this episode of Nurse Converse, Maggie Ortiz and RaDonda Vaught explore the lasting impact of RaDonda's case, focusing on the Board of Nursing's role, the legal risks nurses face, and the complexities of due process following medical errors. They discuss the urgent need for accountability, legal education, and support for nurses navigating an often opaque regulatory system—all while keeping patient safety at the center. Join us for a candid conversation about the legal challenges nurses face and what must change to better protect both nurses and patients.Jump Ahead to Listen:[01:41] Boards of nursing investigations.[04:16] Types of law for nurses.[09:54] Medication-related patient harm.[12:13] Medication administration policy violation.[16:07] Legal rights for nurses.[20:14] Protecting the public vs. nurses.[25:03] Administrative law for nurses.[29:35] Oversight in nursing investigations.Connect with Maggie LinkedIn and on social media:Instagram: @advocates4nursesTikTok: @advocates4nursesFor more information, full transcript and videos visit Nurse.org/podcastJoin our newsletter at nurse.org/joinInstagram: @nurse_orgTikTok: @nurse.orgFacebook: @nurse.orgYouTube: Nurse.org

This is the most expensive podcast we've done!  We've got some long-time listeners turned first-time podcasters as Brianna J. Schroeder and Todd J. Janzen join hosts Sal Sama and Jeff Jarrett for this episode of The High Ground powered by Premier Companies.  Todd is the President and Founder, and Brianna is the Law Partner at Jenzen Schroeder Ag Law LLC.Brianna and Todd will tell us how they got their start in ag law and how their background enables them to better serve those who work in agriculture.  Since they're based in Indianapolis, you may be surprised to hear they serve the entire state and serve farmers, agribusinesses, and ag technology including startups.  You'll also hear about some of the victories they've won in court and how and why it may be worth it for individuals to challenge the final decisions made by state and federal agencies and how Jenzen Schroeder can help.

This is the most expensive podcast we've done!  We've got some long-time listeners turned first-time podcasters as Brianna J. Schroeder and Todd J. Janzen join hosts Sal Sama and Jeff Jarrett for this episode of The High Ground powered by Premier Companies.  Todd is the President and Founder, and Brianna is the Law Partner at Jenzen Schroeder Ag Law LLC.Brianna and Todd will tell us how they got their start in ag law and how their background enables them to better serve those who work in agriculture.  Since they're based in Indianapolis, you may be surprised to hear they serve the entire state and serve farmers, agribusinesses, and ag technology including startups.  You'll also hear about some of the victories they've won in court and how and why it may be worth it for individuals to challenge the final decisions made by state and federal agencies and how Jenzen Schroeder can help.

Historian and journalist Harry Stopes joins Lester Kiewit to discuss his recent London Review of Books piece, “High Bars,” which explores the German government’s attempt to deport four pro-Palestinian activists without any criminal convictions. Drawing from court documents, political context, and historical precedent, Stopes examines how Germany is using administrative law to sidestep criminal proceedings—raising concerns about freedom of speech, political dissent, and the expanding definition of “support for terrorism.”See omnystudio.com/listener for privacy information.

President Trump's February 18 “Ensuring Accountability for All Agencies” Executive Order directs independent regulatory agencies to submit for review all proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President. This joint webinar, sponsored by the Administrative Law and the Corporations, Securities & […]

President Trump’s February 18 “Ensuring Accountability for All Agencies” Executive Order directs independent regulatory agencies to submit for review all proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President. This joint webinar, sponsored by the Administrative Law and the Corporations, Securities & Antitrust Practice Groups, will discuss the real-world implications of this order for independent agencies, including the Federal Communications Committee and the Federal Trade Commission.Featuring:J. Howard Beales, III, Professor Emeritus of Strategic Management and Public Policy, School of Business, The George Washington UniversityHon. Susan E. Dudley, Founder, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington UniversityThomas M. Johnson, Jr. Partner, Wiley Rein LLPProf. Adam White, Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative StateModerator: Svetlana Gans, Partner, Gibson Dunn & Crutcher--To register, click the link above.

President Trump has signed more executive orders in his first 10 days and in his first month in office than any recent president has in their first 100 days. Trump critics say the orders greatly exceed his constitutional authority.Those orders range from tariffs on Mexico, China and Canada, to pauses on foreign aid and crackdowns on illegal immigration to bans on transgender people serving in the military and the use of federal funds for gender-affirming medical care for minors.Court challenges to Trump's policies started on Inauguration Day and have continued at a furious pace since Jan. 20. The administration is facing some 70 lawsuits nationwide challenging his executive orders and moves to downsize the federal government.The Republican-controlled Congress is putting up little resistance, so the court system is ground zero for pushback. Judges have issued more than a dozen orders at least temporarily blocking aspects of Trump's agenda, ranging from an executive order to end U.S. citizenship extended automatically to people born in this country to giving Musk's team access to sensitive federal data.Executive Actions: 108, Executive Orders: 73, Proclamations: 23, Memorandums: 12Mark Brown, Constitutional Law expert and professor at Capital University Law School talks with us about the constitutionality of executive orders. Mark holds Capital's Newton D. Baker/Baker & Hostetler Chair. He joined the faculty in 2003 after having taught at Stetson University, the University of Illinois and The Ohio State University.Mark has authored and co-authored works in various books and academic journals, including the Boston College Law Review, the Cornell Law Review, the Hastings Law Journal, the Iowa Law Review, the University of Illinois Law Review, the Ohio State Law Journal, the American University Law Review, and the Oregon Law Review, as well as others. Prior to academia, Mark clerked for the Honorable Harry Wellford, Judge of the United States Court of Appeals for the Sixth Circuit. He also served as a Supreme Court Fellow under the Chief Justice of the United States during the 1993 October Term. Mark's research interests include Constitutional Law and Constitutional Litigation, courses he also teaches. He has also taught Civil Procedure, Administrative Law, Criminal Law, and Criminal Procedure. His public interest litigation presently focuses on public access to the political process.

Adam Shinar, Professor of Constitutional and Administrative Law, at Reichman University, discusses the recent return of Israel's Film and Theatre Review Board from oblivion, to serve the government's political goals. How did Israel's censorship laws evolve over the years?

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below.Gutierrez v. Saenz (Feburary 24) - Federalism & Separation of Powers, Courts; Issue(s): Whether Article III standing requires a particularized determination of whether a specific state official will redress the plaintiff’s injury by following a favorable declaratory judgment.Esteras v. U.S. (February 25) - Criminal Law & Procedure; Issue(s): Whether, even though Congress excluded 18 U.S.C. § 3553(a)(2)(A) from 18 U.S.C. § 3583(e)’s list of factors to consider when revoking supervised release, a district court may rely on the Section 3553(a)(2)(A) factors when revoking supervised release.Perttu v. Richards (February 25) - Criminal Law & Procedure; Issue(s): Whether, in cases subject to the Prison Litigation Reform Act, prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim.Ames v. Ohio Department of Youth Services (February 26) - Labor & Employment Law, Civil Rights; Issue(s): Whether, in addition to pleading the other elements of an employment discrimination claim under Title VII of the Civil Rights Act of 1964, a majority-group plaintiff must show “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.”CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd. (March 3) - Federalism & Separation of Powers, International Law; Issue(s): Whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act.BLOM Bank SAL v. Honickman, (March 3) - Civil Procedure; Issue(s): Whether Federal Rule of Civil Procedure 60(b)(6)’s stringent standard applies to a post-judgment request to vacate for the purpose of filing an amended complaint.Smith & Wesson Brands v. Estados Unidos Mexicanos (March 4) - International Law, Gun Crime; Issue(s): (1) Whether the production and sale of firearms in the United States is the proximate cause of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico; and (2) whether the production and sale of firearms in the United States amounts to “aiding and abetting” illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.Nuclear Regulatory Commission v. Texas (March 4) - Administrative Law & Regulation; Issue(s): (1) Whether the Hobbs Act, which authorizes a “party aggrieved” by an agency’s “final order” to petition for review in a court of appeals, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority; and (2) whether the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982 permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated.Featuring:Joel S. Nolette, Associate, Wiley Rein LLPJonathan A. Segal, Partner and Managing Principal, Duane Morris InstituteRichard A. Simpson, Partner & Deputy General Counsel, Wiley Rein LLPWill Yeatman, Senior Legal Fellow, Pacific Legal Foundation(Moderator) Austin Rogers, Chief Counsel, Senate Judiciary Committee

This is Part 1 of an analysis of the 9th Circuit Court of Appeals (US) in Pasadena on Snitko v. United States (FBI), a 4th Amendment search and seizure "inventory" case. The Republican Professor is a pro-correctly-discerning-when-government-uses-administrative-law-to-break-Constitutional-law podcast. Support the podcast with a gift: https://buymeacoffee.com/lucasj.mather or on Venmo at-sign TheRepublicanProfessor Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/history

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/critical-theory

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/intellectual-history

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/american-studies

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/politics-and-polemics

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter.

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices

How Government Built America (Cambridge UP, 2024) challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country. Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law. He is the author of Administrative Competence: Reimagining Administrative Law (2020) and Achieving Democracy: The Future of Progressive Regulation (2014). Joseph P. Tomain is Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law at the University of Cincinnati. A highly respected professor and scholar, his teaching and research interests focus in the areas of energy law, land use, regulatory policy, and contracts. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/book-of-the-day

The Supreme Court's latest term was one of its most significant for administrative law. The Court ended Chevron deference, declared a right to a jury trial in securities fraud adjudications at the Securities and Exchange Commission, and expanded the statute of limitations to challenge agency decisions. Other leading cases included a challenge to a major Trump-era rulemaking on guns and a challenge to a significant federal environmental implementation plan. The Court's opinions have raised important questions about the separation of powers, the role of Congress, and the future of regulatory governance in America. Now that the Court has issued its rulings, the panel considers: What comes next for the regulated public, Congress, executive branch agencies, and the States?FeaturingHon. Paul D. Clement, Partner, Clement & Murphy, PLLCProf. Cary Coglianese, Edward B. Shils Professor of Law and Professor of Political Science; Director, Penn Program on Regulation, Penn Carey Law, University of Pennsylvania Prof. Philip A. Hamburger, Maurice & Hilda Friedman Professor of Law, Columbia Law SchoolHon. Kathryn Kimball Mizelle, Judge, United States District Court, Middle District of FloridaModerator: Hon. Neomi Rao, Judge, United States Court of Appeals, District of Columbia Circuit

Welcome back to A Hard Look! Listen to our first episode of our new “Quick Look” series, where we provide insight into foundational administrative law principles. In today's episode, we start with basics and define administrative law, provide an overview of its principles, and discuss its development within the United States. Show Notes Visit our website: https://administrativelawreview.org/podcast-a-hard-look/ Recommended Readings Administrative Law and Process in a Nutshell by ⁠Ronald M. Levin & Jeffrey S, Lubbers Administrative Law and Regulatory Policy: Problems, Text, and Cases by Stephen G. Breyer, et al. This episode was produced by the Administrative Law Review Senior Technology Editor, Sophia Navedo-Quinones, and Technology Editor, Victoria Paul. Thank you to Professor Jeffrey S. Lubbers at American University Washington College of Law for contributing to this episode's development. If you have any questions about this episode or the podcast, or if you would like to propose a topic or guest, please e-mail us at ALR-Sr-Tech-Editor@wcl.american.edu.

Corbin Barthold (TechFreedom) provides a guided tour of the Supreme Court's major questions doctrine.Topics include:Major questions: an introductionNo one knows what it means, but it's provocativeIs major questions new?Stories we tell about CongressWelcome to the kludgeocracyPolitics vs. expertiseThe Supreme Court cannot save usLinks:West Virginia v. EPA: Sound and Fury, Signifying What?Tech Policy Podcast 311: Administrative Law, and Why You Should Care

The International Risk Podcast delves into an analysis of the recent Venezuelan election on the 28th of July 2024. Protesters took to the streets in Venezuela days following the election as opposition leaders criticized the results of the election that saw President Nicolas Maduro secure another 6-year term in power. The opposition's Maria Corina Machado told reporters that a review of available voting records from the election showed that presidential candidate Edmundo Gonzalez had achieved a “categorical and mathematically irreversible” victory over Maduro. Machado and Gonzalez appeared at protests in the capital. Machado stated, “What we are fighting here is fraud by the regime”. Thousands took to the streets to protest and were met with tear gas and rubber bullets by the police. With 187 protests across 20 states. at least 24 people were killed in incidents related to the election or the demonstrations. Shortly following, the leader of the opposition Gonzalez fled Venezuela to take refuge in Madrid. With political tensions rising between the two parties, Dominic sits down with Juan de Dios Cincunegui to investigate the impact that this election will have on international relations and how it will contribute to international risk. Juan de Dios Cincunegui is Director of Cideipp, the International Centre of Parliamentary Studies, Research and Foresight at the School of Politics, Government and International Relations of Universidad Austral in Argentina. As a university professor, he directs the International Program on Parliamentary Diplomacy. He has dictated classes at ISEN (the Diplomatic Training School for Argentina). He is an IVLP Fellow at the US Department of State. He has been working on plural diplomacy for decades. To add to this, Juan is an expert in Administrative Law, Strategic Planning, State Management, Diplomacy and Parliaments. He has extensive professional experience in the public sector and the private sector, diplomacy and international relations.  He has done interviews recently reviewing the foreign policy agenda of the Lower House (Israel-Palestine; Ukraine-Russian Federation; Venezuela; among many others).The International Risk Podcast is a weekly podcast for senior executives, board members, and risk advisors. In these podcasts, we speak with experts in a variety of fields to explore international relations. Our host is Dominic Bowen, Head of Strategic Advisory at one of Europe's leading risk consulting firms. Dominic is a regular public and corporate event speaker, and visiting lecturer at several universities. Having spent the last 20 years successfully establishing large and complex operations in the world's highest-risk areas and conflict zones, Dominic now joins you to speak with exciting guests around the world to discuss international risk.The International Risk Podcast – Reducing risk by increasing knowledge.Follow us on LinkedIn for all our great updates.

Claire de Mézerville López welcomes Raymond E. Kramer, J.D., to the Restorative Works! Podcast. Claire is joined by co-host, IIRP Vice President for Partnerships Keith Hickman. Judge Kramer joins us and provides a compelling narrative of how restorative justice, mediation, and peacekeeping circles have shifted the paradigm in administrative law, emphasizing the importance of human connection and relational repair. He discusses the challenges and successes of implementing these approaches in a rights-based, often bureaucratic, government setting, and shares stories that illustrate the profound impact of restorative practices on individuals and organizations. Judge Kramer is an Administrative Law judge and the Executive Director of the Center for Creative Conflict Resolution and the Director of the Administrative Judicial Institute at the New York City Office of Administrative Trials and Hearings (OATH).  The Center serves as the New York City government's central resource for conflict resolution and restorative justice practices. Judge Kramer is an experienced mediator and is an adjunct professor of law at New York University Law School, where he co-teaches the Mediation and Advanced Mediation: Dispute Systems Design Clinics. He is also an adjunct professor at New York University's School of Professional Studies and New York University's Wagner Graduate School of Public Service, where he teaches Dispute Resolution, Conflict Management, and Negotiation.  Judge Kramer is a member of the New York City Bar Association, a Board Member for the National Association of the Administrative Law Judiciary (NAALJ), and a Board Member and past President of the New York State Administrative Law Judges Association (NYSALJA).  Judge Kramer received his B.A. from the University of Virginia and his Juris Doctor degree from Harvard Law School. Tune in to hear about the importance of restoring relationships in the workplace, the innovative efforts of the Center for Creative Conflict Resolution, and the broader vision of creating a more collaborative and supportive government environment.

The Destiny's Child of constitutional law (aka Strict Scrutiny) is back on Getting Curious to help us digest and dissect all the wack-a-doodle nonsense that is: Project 2025. Leah Litman & Kate Shaw from the hit podcast Strict Scrutiny sat down with JVN to really parse out the MAGA manifesto. We're talking all about Project 2025's hallmark proposals, the key players involved, as well as tossing in some Supreme Court, Alito/Thomas Updates for good measure. Leah Litman is an assistant professor of law at the University of Michigan Law School. She clerked for Judge Sutton on the Sixth Circuit and Justice Kennedy on the Supreme Court. Leah researches and writes about constitutional law and federal courts. She also maintains an active pro bono practice (and she loves reality television). Kate Shaw is a Professor of Law at the Benjamin N. Cardozo School of Law in NYC. She teaches Constitutional Law, Legislation, Administrative Law, and a seminar on the Supreme Court, and writes about executive power, the law of democracy, and reproductive rights and justice. Before becoming a law professor she worked in the Obama White House Counsel's Office, and before that was a clerk to Justice Stevens and Judge Posner. You can follow Strict Scrutiny on Twitter @StrictScrutiny_ and on Instagram @strictscrutinypodcast. For more information, check out crooked.com. Leah is on Twitter @LeahLitman and Instagram @profleahlitman. Kate is on Twitter @Kateashaw1 and Instagram @kateashaw. Follow us on Instagram @CuriousWithJVN to join the conversation. Jonathan is on Instagram @JVN. Our senior producer is Chris McClure. Our editor & engineer is Nathanael McClure. Production support from Julie Carrillo, Anne Currie, and Chad Hall. Our theme music is “Freak” by QUIÑ; for more, head to TheQuinCat.com. Curious about bringing your brand to life on the show? Email podcastadsales@sonymusic.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

The development of standing jurisprudence has been inextricably intertwined with the growth of the administrative state over the past 60 years and the bevy of new statutory rights, privileges, obligations, constraints, and interbranch dynamics that came with it. Over the past three terms, the U.S. Supreme Court has issued numerous opinions that are rich with standing doctrine. Three new voices in administrative law--all recent law school graduates--will address recent developments in standing jurisprudence, focusing on State standing, associational standing, and post-TransUnion common law analogues.Featuring:Eric Bush, Law Clerk to the Hon. Justin Walker, U.S. Court of Appeals for the D.C. CircuitShiza Francis, Associate, Shutts and Bowen LLPAaron Watt, Law Clerk to the Hon. Brian Miller, Eastern District of Arkansas[Moderator] Prof. Aram Gavoor, Associate Dean for Academic Affairs, The George Washington University Law School

The development of standing jurisprudence has been inextricably intertwined with the growth of the administrative state over the past 60 years and the bevy of new statutory rights, privileges, obligations, constraints, and interbranch dynamics that came with it. Over the past three terms, the U.S. Supreme Court has issued numerous opinions that are rich with standing doctrine. Three new voices in administrative law--all recent law school graduates--will address recent developments in standing jurisprudence, focusing on State standing, associational standing, and post-TransUnion common law analogues. Featuring: Eric Bush, Law Clerk to the Hon. Justin Walker, U.S. Court of Appeals for the D.C. Circuit Shiza Francis, Associate, Shutts and Bowen LLP Aaron Watt, Law Clerk to the Hon. Brian Miller, Eastern District of Arkansas [Moderator] Prof. Aram Gavoor, Associate Dean for Academic Affairs, The George Washington University Law School

Seeking redress of our grievances is an important right, protected by the First Amendment. Can the federal government deprive you of due process as a condition of seeking redress? While not talked about in that way, that's pretty much what the case SEC v. Jarkesy is all about. After assessing George Jarksey J. civil penalties for violations of antifraud provisions, the SEC attempted to deny him of his right to a trial by jury. Could this be a start of reforms of unconstitutional administrative law courts?

Do courts have the expertise to decide on important environmental law issues? Pam Karlan and Rich Ford speak with environmental law expert Debbie Sivas, director of the Environmental Law Clinic at Stanford, about recent Supreme Court decisions affecting environmental and administrative law--including the Court's decision to overturn decades of settled law by overturning Chevron. What are the implications of the Court's recent blockbuster environmental decisions--the impact on the Clean Air Act, and broader consequences for regulatory agencies and environmental policies. Tune in to explore how these legal shifts could reshape the landscape of environmental regulation in the United States.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XLinks:Deborah Sivas >>> Stanford Law School Page(00:00:00)  Chapter 1: Introduction and OverviewPam and Rich welcome Professor Debbie Sivas from Stanford's Environmental Law Clinic. They provide an overview of significant Supreme Court cases impacting environmental and administrative law, highlighting the pivotal Loeb or Wright decision that ended Chevron deference.(00:02:06) Chapter 2: Chevron Deference and Its Implications Explained Discussion on the historical context and implications of Chevron deference, with Debbie Sivas explaining its significance and how its removal might affect future legal interpretations and administrative agency power.(00:09:12) Chapter 3: Expert Opinions vs. Judicial InterpretationsExamination of the Supreme Court's approach to statutory interpretation versus agency expertise, highlighting cases like Ohio against EPA and the challenges posed by the court's stance on scientific and technical matters.(00:16:12) Chapter 4: The Role of the Major Questions Doctrine and Non-Delegation DoctrineAnalysis of the Major Questions Doctrine's impact on regulatory power and the potential resurgence of the Non-Delegation Doctrine, focusing on how these legal principles shape environmental policy and agency authority.(00:18:57) Chapter 5: The Ohio Against EPA Case and Its Broader ImplicationsDetailed discussion on the Ohio against EPA case, its current status, and the implications of the Supreme Court's emergency stay decision on future regulatory actions and environmental protections.

In this episode, Europe managing editor Leigh Stringer talks about the results of this summer's elections in Europe and what they might mean for policies like the EU's REACH revision and the alternative transitional registration model (ATRm) for UK REACH. Senior editor Terry Hyland talks about the US Supreme Court's landmark decision to overturn Chevron deference and how it could affect TSCA.

This episode is not intended as legal advice, but as commentary. Join Adam and Rachel as they dive into the cases surrounding the termination of the Chevron Doctrine and the possible new world of Administrative law. @TheHeartlandPOD on Twitter and Threads Co-Hosts Adam Sommer @Adam_Sommer85  (Twitter) @adam_sommer85 (Threads) Rachel Parker @msraitchetp   (Threads)  Sean Diller  (no social) The Heartland Collective - Sign Up Today! JOIN PATREON FOR MORE - AND JOIN OUR SOCIAL NETWORK! “Change The Conversation” Outro Song: “The World Is On Fire” by American Aquarium  http://www.americanaquarium.com/

This episode is not intended as legal advice, but as commentary. Join Adam and Rachel as they dive into the cases surrounding the termination of the Chevron Doctrine and the possible new world of Administrative law. @TheHeartlandPOD on Twitter and Threads Co-Hosts Adam Sommer @Adam_Sommer85  (Twitter) @adam_sommer85 (Threads) Rachel Parker @msraitchetp   (Threads)  Sean Diller  (no social) The Heartland Collective - Sign Up Today! JOIN PATREON FOR MORE - AND JOIN OUR SOCIAL NETWORK! “Change The Conversation” Outro Song: “The World Is On Fire” by American Aquarium  http://www.americanaquarium.com/

In this episode, EELP Founding Director and Harvard Law Professor Jody Freeman, speaks with Andy Mergen, Faculty Director of the Emmett Environmental Law and Policy Clinic at Harvard Law School and former chief of the Appellate Section of the Environment & Natural Resources Division at the Department of Justice. Jody and Andy break down what they call the “Quagmire Quartet” of recent Supreme Court decisions that overturn the Chevron doctrine and undermine administrative agencies. They discuss the new challenges that federal agencies will face as they work to protect the public, the ways in which the Supreme Court has centralized power in the judiciary, how courts can continue to uphold important federal rules, and why they have hope. Transcript available at http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw_EP96-transcript.pdf

  What keeps you safe -- when you drink water, take medicine, get on an airplane, or take out a loan? It's often a government agency charged with implementing our health, safety and consumer protection laws. But recent rulings by the U.S. Supreme Court have cast a long shadow. Legal experts say the rulings point to a Court that is actively working to unravel longstanding protections and policies, not just for the environment but across the board, and the harm will be far reaching.  Host: Amy Barrilleaux Guest: Evan Feinauer, Clean Wisconsin attorney Background Reading:  Rulings from U.S. Supreme Court a disaster for the environment Clean Wisconsin takes legal action to protect communities from toxic mercury pollution New EPA power plant rules will save lives in Wisconsin Clean Wisconsin Legal Work  

California frequently is in the vanguard of consumer financial issues and legislation, foreshadowing trends that may spread to other states. Today's episode, during which we explore important hot topics and recent developments in California consumer finance law, is hosted by Ballard Spahr partner Melanie Vartabedian, and features Partners Michael Guerrero and Joel Tasca, and Of Counsel John Kimble. We first discuss what the future likely holds for proposed rules issued under the California Consumer Financial Protection Law (CCFPL) by the California Department of Financial Protection and Innovation (DFPI). The proposed rules include complex registration and reporting requirements for certain consumer products, and are under revision after rejection by the California Office of Administrative Law for lack of clarity. We then explore the DFPI's most recent annual report on activity under the CCFPL, which recaps the DFPI's rulemaking, enforcement efforts, complaints received, and efforts in connection with education outreach and the Office of Financial Innovation. Highlights include a rule that applies consumer-type “unlawful, unfair, deceptive, or abusive acts and practices” (referred to in the report as “UUDAAP”) prohibitions to financial products and services provided to small businesses; ramped-up enforcement efforts; and high-dollar settlements as well as litigation in progress. Next, we turn to a comparison of California's Rosenthal Fair Debt Collection Practices with the federal Fair Debt Collection Practices Act, and discuss their similarities, differences, and litigation trends under both laws. We then focus on the California Consumer Credit Reporting Agencies Act, which poses challenges for companies that report consumer data to consumer reporting agencies over and above the requirements of federal law. We conclude with a look at unique issues arising in California with respect to the FTC “holder rule”.

Professor Jennifer Mascott stops by Supreme Myths to talk Immunity, Administrative Law, and the Separation of Powers. We agree on some, disagree on a lot, and I absolutely loved the conversation.

Leah, Melissa and Kate try to wrap their heads around SCOTUS throwing away 40 years of precedent that allowed federal agencies (and the experts who work for them) to interpret ambiguous laws, not the judiciary. The court also made it easier to criminalize homelessness and harder to charge hundreds of January 6th insurrectionists. A tough day on 1 First Street, to say the least. Follow us on Instagram, Twitter, Threads, and Bluesky

Is legal representation in the U.S. only for the rich and corporations? That's a question that we'll explore in this episode of Stanford Legal with guests David and Nora Freeman Engstrom, two leading authorities on access to justice and the legal profession. They'll explain the roots of the challenge, how unauthorized practice of law rules contribute to the problem, and how to address them. The Engstroms co-direct Stanford Law School's Deborah L. Rhode Center on the Legal Profession, an academic center working to shape the future of legal services and access to the legal system. This episode delves into some alarming statistics, including the fact that in three-quarters of civil cases in state courts, at least one party is without a lawyer. This alone often leads to unjust outcomes in cases involving debt collection, evictions, family law, and other areas. And that is just part of the problem, as the Engstroms explain.   Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XLinks:Nora Freeman Engstrom >>> Stanford Law School PageDavid Freeman Engstrom >>> Stanford Law School PageChapter 1: The Access to Justice Crisis in the U.S.(00:00:00) Pam Karlan introduces the episode, discussing the work of David and Nora Freeman Engstrom at Stanford Law School's Deborah Rhode Center on the Legal Profession. This section provides an overview of the access to justice crisis, highlighting the high percentage of cases where individuals lack legal representation and a look at the types of cases predominantly at issue, including debt collection, evictions, mortgage foreclosures, and family law cases.Chapter 2: Understanding the Consequences and Causes of Legal Inaccessibility(00:7:06)  David and Nora Freeman Engstrom explore the broader implications of the lack of legal representation, including the cascade of related legal and financial issues that arise from initial problems like wage garnishment and eviction. They also touch on the hidden legal issues that never make it to court due to individuals' inability to seek legal help.Chapter 3: Exploring Solutions and Technological Impacts on Access to Justice(00:10:07) David and Nora Freeman Engstrom  delve into potential solutions to the access to justice crisis, including the role of technology in both exacerbating and potentially alleviating the problem. They discuss the efficiency of technological tools used by the debt collection industry and the implications for legal access.Chapter 4: The Technology Asymmetry in Debt Collection(00:14:19 )  Pam Karlan and David Freeman Engstrom discuss how debt collectors use automation to exploit legal processes against unrepresented individuals. They highlight the stark disparity between technological access for debt collectors and individual defendants. Engstrom points out the restrictive rules that limit software-driven legal services, exacerbating the access to justice crisis.Chapter 5: The Historical Context and Current Restrictions on Legal Services(00:15:55)  Nora Freeman Engstrom delves into the history of legal service restrictions in the U.S., contrasting it with medical professions. She introduces her research on auto clubs and their provision of legal services in the early 20th century, showing how organized bar associations shut down these alternatives to preserve their monopoly.Chapter 6: Modern Innovations and Future Prospects in Legal Services(00:24:13)  The host and guests discuss recent efforts to relax unauthorized practice of law rules in states like Utah and Arizona. They explore innovative legal service models emerging from these reforms, including tiered services and AI-driven solutions, and their potential to democratize access to legal assistance. The discussion highlights how entities like LegalZoom are now able to hire lawyers and provide more comprehensive services. They also touch on the potential of generative AI to bridge the gap between legal jargon and plain language, making legal assistance more accessible to the public. The chapter concludes with reflections on the promise and challenges of these technological advancements.

Administrative Law: must the Indian Health Service pay "contract support costs" to support the tribe's expenditure of income collected from third parties? - Argued: Mon, 25 Mar 2024 16:29:56 EDT

In this episode, Beau Baumann, a PhD candidate at Yale Law School, discusses his article "Americana Administrative Law," which is published in the Georgetown Law Journal. Baumann describes the origins and history of the non-delegation doctrine and the major questions doctrine, explaining how both are rooted in an ideological fantasy of a Congress that never existed, ultimately in service of judicial self-aggrandizement. He reflect on how that happened, why it's a problem, and how scholars should understand it.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

Garland v. Cargill concerns whether bump stocks are considered “machineguns” as defined by Title 26 of the United States Code. Impacting the realms of both Second Amendment and Administrative Law, the case raises questions concerning the role of lenity, the applicability of the Chevron Doctrine, and the nature of the ATF's authority. Bump stocks are […]

Garland v. Cargill concerns whether bump stocks are considered "machineguns" as defined by Title 26 of the United States Code. Impacting the realms of both Second Amendment and Administrative Law, the case raises questions concerning the role of lenity, the applicability of the Chevron Doctrine, and the nature of the ATF’s authority. Bump stocks are devices attached to semi-automatic firearms to increase the rate of fire. In 2019, the ATF issued a rule that bumpstocks themselves were machineguns, and thus subject to the rules of Title 26, which marked a significant shift in federal policy. Michael Cargill, the owner of Central Texas Gun Works, challenged this reclassification, arguing it was an unconstitutional overreach by the ATF and the Department of Justice (DOJ). The Fifth Circuit of Appeals ruled in his favor. A significant circuit split on this issue now exists, with the Fifth and Sixth Circuits holding that bump stocks are not machineguns, while the D.C. and Tenth Circuits have held that they are. The oral argument in Cargill is set to be heard before the Supreme Court on February 28, 2024.Join us the next day as we break down and analyze how oral argument went before the Court. Featuring:Stephen Halbrook, Senior Fellow, Independent Institute(Moderator) Robert Leider, Assistant Professor of Law, George Mason University, Antonin Scalia Law School

Administrative law, abortion, guns, presidential immunity, & ballot access. These are just some of the upcoming cases that will come before the High Court in 2024. How will the justices rule? And how could their rulings change the course of our legal system for years to come? In this episode, host Craig Williams joins returning guest Steven D. Schwinn from the University of Illinois Chicago School of Law, as they spotlight the standout SCOTUS cases of 2024 and the potential impact.

Each month, a panel of constitutional experts convenes to discuss the Court's upcoming docket sitting by sitting. The cases covered in this preview are listed below.Federal Bureau of Investigation v. Fikre (January 8) - Civil Rights, National Security; Whether a lawsuit alleging that the plaintiff was wrongly placed on the “No Fly List” can go forward when the government has removed the plaintiff from the list and promised not to put him back on the list “based on the currently available information.”Campos-Chaves v. Garland (January 8) - Immigration; Whether the federal government provided adequate notice of an immigration proceeding, allowing the immigration court to enter a deportation order when the non-citizen does not appear.U.S. Trustee v. John Q. Hammons Fall 2006, LLC (January 9) - Bankruptcy; In the wake of the court's 2022 decision holding unconstitutional a federal law imposing higher fees on bankruptcy filers in 48 states, what should the remedy for that constitutional violation be?Sheetz v. County of El Dorado, California (January 9) - Property Rights; Property-rights challenge by California landowner to nearly $24,000 in development fees levied by the county as a condition for receiving a permit to build a manufactured home.Smith v. Arizona (January 10) - Sixth Amendment, Criminal Law & Procedure; Whether the Sixth Amendment, which guarantees a defendant the right to confront the witnesses against him, allows prosecutors to use expert testimony about evidence – here, a report prepared by a different crime lab analyst who no longer worked at the lab and did not testify at trial – that was not itself admitted into evidence, on the grounds that the testifying expert was simply offering his own opinion and that the defendant could have subpoenaed the original analyst.Macquarie Infrastructure Corp. v. Moab Partners, L.P. (January 16) - Federalism & Separation of Powers; Whether the failure to make a disclosure required by Item 303 of Securities and Exchange Commission Regulation S-K, which requires a company to disclose known trends or uncertainties that are likely to have a material impact on its financial position, can support a private claim under Section 10(b) of the Securities and Exchange Act of 1934, which prohibits deception in connection with the purchase or sale of securities, even if there has not been an otherwise-misleading statement.Devillier v. Texas (January 16) - Property Rights, Takings; Whether property owners can seek compensation under the Constitution for “taking” of their property by the state, if the state has not specifically given them a right to sue.Relentless v. Department of Commerce (January 17) - Administrative Law, Federalism & Separation of Powers - Whether to overrule or limit the court's 1984 decision in Chevron v. Natural Resources Defense Council.Loper Bright Enterprises v. Raimondo (January 17) - Administrative Law, Federalism & Separation of Powers - Whether to overrule or limit the court's 1984 decision in Chevron v. Natural Resources Defense Council.Featuring: Eric B. Boettcher, Partner, Wright Close & BargerAllyson Newton Ho, Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLPHon. Grover Joseph Rees, III, Former General Counsel of the U.S. Immigration and Naturalization, Former United States Ambassador to East TimorMark L. Rienzi, President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law SchoolProf. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason UniversityProf. Christopher J. Walker, Professor of Law, University of Michigan Law SchoolModerator: Eli Nachmany, Associate, Covington & Burling LLP

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.Notes:Matthew Nolan and Jonathan Wolfson, National Regulatory Reform: Progress Rankings Report 2023Matthew Nolan and Jonathan Wolfson, State Regulatory Processes Are Ripe for Reform, GoverningCicero Institute, Regulatory Sunset Model BillHarvard Journal of Law & Public Policy, Administrative Law in the StatesEugene Scalia, 2023 C. Boyden Gray Lecture on the Administrative State, “The Administrative State Debate: A View From the Secretary's Office”2021, Stuart Shapiro, The Impossibility of Legislative Regulatory Reform and the Futility of Executive Regulatory Reform, George Mason Law Review

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Brown v. United States (November 27) - Criminal Law; Whether the definition of “serious drug offense” in the Armed Career Criminal Act incorporates the federal drug schedules that were in effect when the individual committed the firearm offense, or instead the schedules that were in effect at the time of the state drug offense. McElrath v. Georgia (November 28) - Criminal Law, Double Jeopardy; A challenge by a Georgia man who was found not guilty by reason of insanity on one charge arising from the stabbing death of his mother and guilty but mentally ill on another charge to the state’s ability to try him again on the charge on which he was acquitted. Wilkinson v. Garland (November 28) - Immigration; Whether federal courts have the power to review an agency’s determination that a noncitizen did not meet the “exceptional and extremely unusual” hardship requirement to cancel deportation. Securities and Exchange Comm’n v. Jarkesy (November 29) - Administrative Law, Financial Services; A challenge to the SEC’s use of in-house judges. Harrington v. Purdue Pharma, L.P (December 4) - Whether the Bankruptcy Code gives a court the power to approve a release that extinguishes claims against third parties, without the consent of the individuals or entities holding the claims. Moore v. United States (December 5) Federalism & Separation of Powers - Whether a federal “mandatory repatriation tax” violates the 16th Amendment. Muldrow v. City of St. Louis, Missouri (December 6) - What protections does Title VII of the Civil Rights Act of 1964 provide to employees who contend they were the victim of a discriminatory transfer? Featuring: Justin Aimonetti, Attorney, Dechert LLP Adi Dynar, Attorney, Pacific Legal Foundation Prof. Jennifer Jenkins, Associate Professor of Law, Ave Maria School of Law Prof. Lindsey Simon, Associate Professor of Law, Emory University Law School Moderator: Stephanie Maloney, Chief of Staff and Associate Chief Counsel, U.S. Chamber Litigation Center

In the course of just one month, deadly wildfires in Hawaii and an historic hurricane in Florida caused billions of dollars of damage, bringing an awareness of insurance risks to the forefront of homeowners' concerns. As insurers reassess their risk exposure due to worsening climate events, some are choosing to leave certain markets altogether, making insurance affordability a very serious issue. What's the solution? Ed Richards, a law professor at Louisiana State University who specializes in Administrative Law, joins 5 Things to discuss how the federal and commercial insurance industries are evolving to adapt to new risks.Episode Transcript available hereAlso available at art19.com/shows/5-ThingsSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

What's better than one constitutional law expert? THREE! This spring we had the honor of speaking with Professor Melissa Murray about the Supreme Court's recent term. Now she's back, with her brilliant Strict Scrutiny co-hosts, Professors Leah Litman and Kate Shaw. They join Jonathan to discuss WTF is going on with the Supreme Court these days—from Clarence Thomas' luxury vacations to what the nation's highest court has in store for us this fall. Plus, an epic round of judicial-themed F*ck, Marry, Kill… You can follow Strict Scrutiny on Twitter @StrictScrutiny_ and on Instagram @strictscrutinypodcast. For more information, check out crooked.com. Melissa is on Twitter and Instagram @profmmurray. Leah is on Twitter @LeahLitman and Instagram @profleahlitman. Kate is on Twitter @Kateashaw1 and Instagram @kateashaw. Melissa Murray is a Professor of Law at NYU School of Law, where she teaches constitutional law, family law, criminal law, and reproductive rights and justice and writes about the legal regulation of intimate life. Melissa clerked for Judge Stefan Underhill on the District of Connecticut and for Justice Sotomayor when she served on the Second Circuit. When she's not reading the SCOTUS tea leaves, she's practicing the violin, reading People magazine, and keeping up with Meghan Markle, the Duchess of Sussex. Leah Litman is an assistant professor of law at the University of Michigan Law School. She clerked for Judge Sutton on the Sixth Circuit and Justice Kennedy on the Supreme Court. Leah researches and writes about constitutional law and federal courts. She also maintains an active pro bono practice (and she loves reality television). Kate Shaw is a Professor of Law at the Benjamin N. Cardozo School of Law in NYC. She teaches Constitutional Law, Legislation, Administrative Law, and a seminar on the Supreme Court, and writes about executive power, the law of democracy, and reproductive rights and justice. Before becoming a law professor she worked in the Obama White House Counsel's Office, and before that was a clerk to Justice Stevens and Judge Posner. Follow us on Instagram @CuriousWithJVN to join the conversation. Jonathan is on Instagram @JVN. Transcripts for each episode are available at JonathanVanNess.com. Find books from Getting Curious guests at bookshop.org/shop/curiouswithjvn. Our executive producer is Erica Getto. Our producer is Chris McClure. Our associate producer is Allison Weiss. Our engineer is Nathanael McClure. Production support from Julie Carrillo, Samantha Martinez, and Anne Currie. Our theme music is “Freak” by QUIÑ; for more, head to TheQuinCat.com. Curious about bringing your brand to life on the show? Email podcastadsales@sonymusic.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices