Podcasts about boyden gray center

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.

On President Trump's first day in office, he issued an executive order titled “Protecting the Meaning and Value of American Citizenship,” attempting to change the current understanding of the Fourteenth Amendment by declaring that the children of illegal immigrants or people on temporary visas born in the United States are not granted citizenship. While many Americans may agree that the unfortunate realities of “birth tourism” and “anchor babies” in the U.S. need to be curbed or stopped, Trump's executive order has been criticized as unconstitutional and the wrong way to approach the issue. How are presidents of both parties subverting Congress in their pursuit of legislative goals? And how did President Obama's action on DACA and President Biden's declaration on the Equal Rights Amendment help create precedent for Trump's actions today? Adam White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School's C. Boyden Gray Center for the Study of the Administrative State. Before joining AEI, he was a research fellow at Stanford University's Hoover Institution and an adjunct fellow at the Manhattan Institute.Read the transcript here. Subscribe to our Substack here.

This is a rebroadcast of a panel discussion from an event we co-hosted on May 15, 2024, with the Manhattan Institute and the Federalist Society. The panelists discuss whether state tort law is an appropriate tool for addressing climate change and the petition for certiorari in Sunoco LP, et al. v. City and County of Honolulu.Featured Speakers:Jonathan Adler, Case Western Reserve University School of LawJames Copland, Senior Fellow and Director of Legal Policy, Manhattan InstituteDonald Kochan, Antonin Scalia Law SchoolJennifer Mascott, C. Boyden Gray Center for the Study of the Administrative State

This is a rebroadcast of the Gray Center's Federal Preemption and Environmental Regulation Webinar. We hosted this event on April 29, 2024, to discuss the issues involved in two pending cases where energy companies have asked the U.S. Supreme Court to review whether the Clean Air Act preempts attempts by Honolulu, Hawaii, to redress certain climate change-related alleged injuries. Featured Speakers:Jonathan Adler, Case Western Reserve University School of LawRichard Epstein, New York UniversityEdmund LaCour, Solicitor General of AlabamaJennifer Mascott, C. Boyden Gray Center for the Study of the Administrative StateAdam White, C. Boyden Gray Center for the Study of the Administrative State Notes:Video of the Webinar

The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State. This episode of Gray Matters is a panel discussion from February 23, 2024, about affirmative action and […]

The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State. This episode of Gray Matters is a panel discussion from February 23, 2024, about affirmative action and other ways regulators pursue equity through the administrative state featuring Ming Chen, Jesse Merriam, and Bijal Shah, moderated by Kmele Foster.Notes:Video of the Webinar

The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State. This episode of Gray Matters is a panel discussion about the use of racial classifications to make […]

The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State. This episode of Gray Matters is a panel discussion about the use of racial classifications to make public policy and how race has affected the character of American institutions featuring David Bernstein, Jonathan Berry, and Joy Milligan, moderated by Renée Landers. Notes:Watch a video of the discussion

Join the DC Young Lawyers Chapter and the George Mason Student Chapter for an evening conversation and reception. Featuring:Prof. Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason UniversityThomas McCarthy, Partner, Consovoy McCarthy PLLC; Adjunct Professor, George Mason University Scalia LawProf. Todd Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason UniversityDoors open at 6 with the program to begin promptly at 6:30. A reception will follow. This event is free to attend.

Adam White is a senior fellow at the American Enterprise Institute and the Co-Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University. He also leads seminars with the Hertog Foundation, one of which I had the chance to attend this summer. Today we talk about the American judicial system, from its structure to its founding to its role in American society. We address whether courts function differently today than we have in the past, looking at the issues debated like court-packing and precedent. Never miss another AdamSmithWorks update.Follow us on Facebook, Twitter, and Instagram.

Adam White is a senior fellow at the American Enterprise Institute and the Co-Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University. He also leads seminars with the Hertog Foundation, one of which I had the chance to attend this summer. Today we talk about the American judicial system, from its structure to its founding to its role in American society. We address whether courts function differently today than we have in the past, looking at the issues debated like court-packing and precedent. Never miss another AdamSmithWorks update.Follow us on Facebook, Twitter, and Instagram.

The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring law professors Bridget C.E. Dooling and Kristin E. Hickman along with […]

The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring law professors Bridget C.E. Dooling and Kristin E. Hickman along with former OIRA Administrator Paul J. Ray and AEI Senior Fellow Emeritus Peter Wallison, moderated by Gray Center Co-Executive Director Adam White. They discuss OIRA oversight of financial regulators and how to reform federal financial regulations.Notes:Videos from the conference

The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring law professors Bridget C.E. Dooling and Kristin E. Hickman along with […]

The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring the Hoover Institution's John H. Cochrane and professors Kathryn Judge, Jonathan R. Macey, and Todd J. Zywicki, moderated by Scalia Law professor Paolo Saguato. They discuss banking regulation, consumer finance, and what might be coming next in the world of financial regulation.Notes:Videos from the conference

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters is a panel discussion featuring Professors Caroline Cecot, Emily Hammond, and E. Donald Elliott, moderated by Senior Judge Douglas H. Ginsburg […]

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

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

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

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a keynote address from Paul J. Ray, presenting his new paper about the expertise rationale for Chevron deference, and a […]

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

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Lisa Schultz Bressman, John F. Duffy, and Daniel E. Walters about the Loper Bright case […]

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

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Kent Barnett, Christopher J. Walker, and Thomas W. Merril about the Loper Bright case and […]

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

Adam White joins Phoebe and Robert to analyze the recent Supreme Court rulings concerning affirmative action, student loan forgiveness, the independent state legislature theory, and congressional redistricting.Adam is a senior fellow at AEI, where he focuses on the Supreme Court, the administrative state, and American constitutionalism. He also codirects the Antonin Scalia Law School's C. Boyden Gray Center for the Study of the Administrative StateCheck out his recent piece about the Roberts Court mentioned in this episode.

Adam J. White is a senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School's C. Boyden Gray Center for the Study of the Administrative State at George Mason University.Adam joins Allie Mast of Messiah University for a Supreme Court term roundup. They discussed cases such as Gonzalez v. Google LLC, Twitter Inc. v. Taamneh, and the Biden administration's proposed student loan forgiveness plan, among others.To learn more about AEI's work on college campuses, visit our website.

What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.  You can read White's Atlantic article "A Republic, If We Can Keep It" here. 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

What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.  You can read White's Atlantic article "A Republic, If We Can Keep It" here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/political-science

What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.  You can read White's Atlantic article "A Republic, If We Can Keep It" here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.  You can read White's Atlantic article "A Republic, If We Can Keep It" here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.  You can read White's Atlantic article "A Republic, If We Can Keep It" here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Last week, the Supreme Court heard two cases—Biden v. Nebraska and Department of Education v. Brown—concerning the legality of the Biden administration's student loan forgiveness plan. In this episode, Nat speaks with Beth Akers and Adam White about these two lawsuits and their potential ramifications for our higher education system and American democracy.Beth Akers is a Senior Fellow at AEI, the author of Making College Pay, and the coauthor of Game of Loans: The Rhetoric and Reality of Student Debt. Adam White is a Senior Fellow at AEI, where he focuses on American constitutionalism, the Supreme Court, and the administrative state. He is also the co-director of the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University.Show Notes:Audio for Oral ArgumentsThe Biggest Legal Flaw in Biden's Student Loan GambitGod Save This Honorable Court—and We Can, TooHigher-Value Higher EdStudent Loan Forgiveness Debacle Has Already Cost $255 Billion in Lost Federal RevenueBiden's Changes to Student Loans Means the Vast Majority of Borrowers Will Never Repay Their DebtStudent Debt Forgiveness Tracker

On January 9, 2023, the C. Boyden Gray Center hosted a symposium, “Administrative Law in the States,” with the Harvard Journal of Law & Public Policy and the Harvard Federalist Society. It featured the following participants: -Justice Brian Hagedorn, Wisconsin Supreme Court -Judge Jeffrey S. Sutton, United States Court of Appeals for the Sixth Circuit […]

On January 9, 2023, the C. Boyden Gray Center hosted a symposium, “Administrative Law in the States,” with the Harvard Journal of Law & Public Policy and the Harvard Federalist Society. It featured the following participants: -Justice Brian Hagedorn, Wisconsin Supreme Court -Judge Jeffrey S. Sutton, United States Court of Appeals for the Sixth Circuit -Justice David N. Wecht... Source

On January 9, 2023, the C. Boyden Gray Center hosted a symposium, “Administrative Law in the States,” with the Harvard Journal of Law & Public Policy and the Harvard Federalist Society. It featured the following participants: -Justice Brian Hagedorn, Wisconsin Supreme Court -Judge Jeffrey S. Sutton, United States Court of Appeals for the Sixth Circuit -Justice David N. Wecht... Source

Supreme Court actions during the 2021-2022 term - opinions, grants and denials of petitions for certiorari, and motions docket orders - captured the attention of the legal community. Emblematic of the trend in judicial analysis was West Virginia v. EPA in which, notwithstanding that every brief cited Chevron for or against deference to the agency’s action, the Court’s opinion never mentioned it. Instead, the Court invoked the major questions doctrine to conclude that the Environmental Protection Agency’s regulations had exceeded the authority Congress had granted it in the Clean Air Act. In other decisions as well, the Court applied new degrees of weight to a variety of methodologies, doctrines, and canonical tools in its interpretations of statutes and the authority they grant the agencies assigned to implement them.This panel will explore what this new trend in judicial analysis means for future challenges to agency actions. Is the SEC’s focus on ESG, for example, within the confines of its statutory mandate? Can ERISA fiduciaries favor ESG concerns over earnings and value considerations? Is DOJ acting within its authority when it requires the target seeking to settle an enforcement action to pay, not a statutorily prescribed fine to the Federal Treasury, but non-parties, unrelated to the enforcement action? Is the Department of Education authorized to forgive student loans? Can the Department of Defense discharge military personnel for refusing a COVID vaccine? These and other questions are likely to be the subject of lively discussion by this panel of experts.Featuring:Mr. Ian Gershengorn, Partner, Jenner & Block; Former Acting U.S. Solicitor General Prof. Jennifer Mascott, Assistant Professor of Law & Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University; Former Deputy Assistant Attorney General, Office of Legal Counsel, U.S. Department of JusticeProf. Tom Merrill, Charles Evans Hughes Professor of Law, Columbia Law School; Former Deputy Solicitor General Mr. Yaakov (Jacob) M. Roth, Partner, Jones Day Moderator: Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit

This episode is from the second panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Svetlana Gans, Partner, Gibson, Dunn & Crutcher LLP Jennifer Mascott, Assistant Professor of Law & Co-Executive Director, The C. Boyden Gray Center for the Study […]

This episode is from the second panel of the Gray Center's October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Svetlana Gans, Partner, Gibson, Dunn & Crutcher LLP Jennifer Mascott, Assistant Professor of Law & Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Scalia Law School Paul R. Source

This episode is from the second panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Svetlana Gans, Partner, Gibson, Dunn & Crutcher LLP Jennifer Mascott, Assistant Professor of Law & Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Scalia Law School Paul R. Source

Independent federal agencies sit awkwardly in our constitutional structure. When they engage in aggressive overreach, therefore, they should expect to see their actions challenged in court. This episode centers around two such challenges. In Axon v. FTC, a case the Supreme Court will hear this term, the plaintiff challenges the jurisdiction of the Federal Trade Commission's internal tribunal. And in Consumers' Research v. FCC, a set of cases currently in the federal courts of appeals, the petitioners challenge the Federal Communications Commission's power to raise money without congressional oversight. Our guest is Trent McCotter, a partner with Boyden Gray & Associates and the director of the Separation of Powers Clinic at the C. Boyden Gray Center at Antonin Scalia Law School. He and host Corbin Barthold discuss Axon, Consumers' Research, and the cases' various implications for the separation of powers.

Adam White is a senior fellow at the American Enterprise Institute, where he focuses on American constitutionalism, the Supreme Court, and the administrative state. Concurrently, he codirects the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University. Adam White joins Phoebe and Robert to […]

Adam White is a senior fellow at the American Enterprise Institute, where he focuses on American constitutionalism, the Supreme Court, and the administrative state. Concurrently, he codirects the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University. Adam White joins Phoebe and Robert to discuss the SCOTUS decision on Dobbs v. Jackson Women's Health Organization and the advancement of the "major questions" doctrine.

Professor Jenn Mascott is joined by Chad Squitieri, associate at Gibson, Dunn, & Crutcher LLP and Eli Nachmany, Senior Research Fellow at the C. Boyden Gray Center, to discuss the Supreme Court’s ruling in West Virginia v. EPA and what it means for the administrative state moving forward.

Professor Jenn Mascott is joined by Chad Squitieri, associate at Gibson, Dunn, & Crutcher LLP and Eli Nachmany, Senior Research Fellow at the C. Boyden Gray Center, to discuss the Supreme Court's ruling in West Virginia v. EPA and what it means for the administrative state moving forward. Source

Professor Jenn Mascott is joined by Chad Squitieri, associate at Gibson, Dunn, & Crutcher LLP and Eli Nachmany, Senior Research Fellow at the C. Boyden Gray Center, to discuss the Supreme Court’s ruling in West Virginia v. EPA and what it means for the administrative state moving forward. Source

In the contemporary debates over the nature of executive power, two ideas are perennially prominent and intractably controversial: the unitary executive theory and nondelegation doctrine. While many prominent lawyers and judges have advocated a unitary model of the executive, it is still controversial whether the Constitution requires that the President sit at the top of the executive pyramid. And while the Court has refused to seriously revitalize the nondelegation doctrine in recent cases, voices on and off the bench persist in calling for limits on the executive’s ability to exercise lawmaking power.While these debates have modern salience, they actually predate the Constitution. Which provokes the question: what did the Federalists and Anti-Federalists have to say about these topics? In what ways were their debates different from ours, and in what ways are things the same? How do their discussions shed light on our modern arguments? These questions and more will be explored by our learned panelists.Featuring:Moderator: Honorable Paul B. Matey, United States Court of Appeals for the Third CircuitProf. Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Anotnin Scalia Law School, George Mason UniversityProf. Julian Davis Mortenson, James G. Phillipp Professor of Law, University of Michigan Law SchoolProf. Saikrishna Prakash, James Monroe Distinguished Professor of Law—Albert Clark Tate, Jr., Professor of Law, University of Virginia School of LawProf. Michael Rappaport, Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law

As federalism becomes an increasingly important principle of our constitutional structure, Chief Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Circuit has published a timely book titled, Who Decides? States as Laboratories of Constitutional Experimentation (Oxford, 2021). Judge Sutton, a former law clerk to Justices Lewis Powell and Antonin Scalia, argues that constitutional law in America--encompassing the systems of all 51 governments--should have a role in assessing the right balance of power among all branches of our state and federal governments.A distinguished group of legal thinkers and practitioners joins us to discuss this book.Featuring: -- Hon. William H. Pryor, Jr., Chief Judge, U.S. Court of Appeals for the Eleventh Circuit-- Hon. Jeffrey S. Sutton, Chief Judge, U.S. Court of Appeals for the Sixth Circuit-- Moderator: Prof. Jennifer L. Mascott, Assistant Professor of Law and Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School

Adam White is the Co-Executive Director of the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University. Adam is also a Resident Scholar at the American Enterprise Institute and a Public Member of the Administrative Conference of the United States. Adam has served on the Leadership Councils for the Administrative Law Sections of both the ABA and the Federalist Society. After clerking for Judge David B. Sentelle of the Court of Appeals for the DC Circuit, Adam practiced constitutional and regulatory law in Washington with special focus on energy infrastructure regulation, financial regulation, administrative law, and constitutional separation of powers.

In Today's "Moment of Truth," Saurabh and Nick sit down with Andrew Kloster, Former Deputy General Counsel for the Office of Personnel Management, to discuss the impact of personnel on the Trump Administration, whether social conservatives are properly represented in Washington, and why "deregulation and judges" is not the solution to all things conservative in the federal government.Andrew Kloster has served in various regulatory and legal counsel positions in the federal government, including most recently at the White House while serving concurrently as the Deputy General Counsel at the United States Office of Personnel Management. He has lectured and written widely on matters of administrative law and practice, including drafting rules, commenting on rules as a private citizen, and organizing panel events and research on the same.Immediately prior to his most recent executive branch service, Mr. Kloster served as the Deputy Director for the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia School of Law. He is a graduate of the New York University School of Law, and the University of Miami, and is a Knight of the Order of Malta.Learn more about Andrew's work at:https://www.acus.gov/contacts/andrew-r-klosterhttps://twitter.com/arklosterhttp://arkloster.hns.to––––––Follow American Moment on Social Media:Twitter – https://twitter.com/AmMomentOrgFacebook – https://www.facebook.com/AmMomentOrgInstagram – https://www.instagram.com/ammomentorg/YouTube – https://www.youtube.com/channel/UC4qmB5DeiFxt53ZPZiW4TcgRumble – https://rumble.com/c/c-695775Check out AmCanon:https://www.americanmoment.org/amcanon/American Moment's "Moment of Truth" Podcast is recorded at the Conservative Partnership Center in Washington DC, produced and edited by Jared Cummings.Subscribe to our Podcast, "Moment of Truth"Apple Podcasts – https://podcasts.apple.com/us/podcast/moment-of-truth/id1555257529Spotify – https://open.spotify.com/show/5ATl0x7nKDX0vVoGrGNhAjiHeart Radio – https://www.iheart.com/podcast/269-moment-of-truth-77884750/Stitcher – https://www.stitcher.com/podcast/moment-of-truth-3 Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information.

There were no oral arguments this week, but there were a few noteworthy orders and a great milestone: Justice Clarence Thomas's 30th year on the bench! Zack discusses the orders, which include an expedited briefing and oral argument schedule in two challenges to the Texas abortion law. Your hosts also discuss the recent symposium hosted by The Heritage Foundation and The C. Boyden Gray Center for the Study of the Administrative State celebrating Justice Thomas's life, legacy, and jurisprudence. You can find recordings of that event here. GianCarlo also interviews Fifth Circuit Judge Andrew Oldham, who talks about his unexpected journey to a career in the law, his studies at Cambridge, and his clerkships for two legendary judges. Lastly, GianCarlo quizzes Zack with Justice Thomas themed trivia!Follow us on Twitter @scotus101 and send questions, comments, or ideas for future episodes to scotus101@heritage.org.Don't forget to leave a 5-star rating!Stay caffeinated and opinionated with a SCOTUS 101 mug. See acast.com/privacy for privacy and opt-out information.

Panel I – Safeguarding the Structural Constitution: Federalism and the Separation of PowersThe Honorable William H. Pryor Jr., Chief Judge, United States Court of Appeals for the Eleventh CircuitThe Honorable Edith H. Jones, Circuit Judge, United States Court of Appeals for the Fifth CircuitThe Honorable Neomi Rao, Circuit Judge, United States Court of Appeals for the District of Columbia CircuitThe Honorable Thomas M. Hardiman, Circuit Judge, United States Court of Appeals for the Third CircuitModerator: John C. Yoo, Emanuel S. Heller Professor of Law, Co-Faculty Director, Korea Law Center, and Director, Public Law & Policy Program, UC Berkeley School of LawThe Heritage Foundation and the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School will co-host a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. Bringing together jurists, legal academics, and practitioners, including many of his former clerks, we will discuss the Justice's jurisprudence and impact on the Court over the past three decades. Join us for this all-day law symposium to reflect on the legacy of Justice Thomas thirty years into his service. See acast.com/privacy for privacy and opt-out information.

Lunchtime Conversation with the producer and developer of the documentary Created Equal: Justice Thomas in His Own WordsMichael Pack, President and Founder, Manifold ProductionsModerator: Mark R. Paoletta, Partner, Schaerr Jaffe LLPThe Heritage Foundation and the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School will co-host a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. Bringing together jurists, legal academics, and practitioners, including many of his former clerks, we will discuss the Justice's jurisprudence and impact on the Court over the past three decades. Join us for this all-day law symposium to reflect on the legacy of Justice Thomas thirty years into his service. See acast.com/privacy for privacy and opt-out information.

Panel IV – Advocacy in the Thomas-era CourtThe Honorable Noel J. Francisco, Partner-in-Charge of the Washington office of Jones Day, and 47th Solicitor General of the United StatesThe Honorable Paul D. Clement, Partner, Kirkland & Ellis LLP, and 43rd Solicitor General of the United StatesLisa S. Blatt, Partner and Chair of the Supreme Court and Appellate Practice Group, Williams & Connolly LLP, and former Assistant to the Solicitor General of the United StatesJeffrey Wall, Partner, Sullivan & Cromwell LLP, and former acting Solicitor General of the United StatesModerator: Jennifer Mascott, Assistant Professor of Law and Co-Executive Director of the C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law SchoolThe Heritage Foundation and the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School will co-host a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. Bringing together jurists, legal academics, and practitioners, including many of his former clerks, we will discuss the Justice's jurisprudence and impact on the Court over the past three decades. Join us for this all-day law symposium to reflect on the legacy of Justice Thomas thirty years into his service. See acast.com/privacy for privacy and opt-out information.

Panel III – Originalism, Constitutional Interpretation, and Stare DecisisThe Honorable James C. Ho, Circuit Judge, United States Court of Appeals for the Fifth CircuitThe Honorable Gregory E. Maggs, Judge, United States Court of Appeals for the Armed ForcesChristopher Landau, Former Ambassador to MexicoErik S. Jaffe, Partner, Schaerr Jaffe LLPModerator: The Honorable Gregory G. Katsas, Circuit Judge, United States Court of Appeals for the District of Columbia CircuitThe Heritage Foundation and the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School will co-host a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. Bringing together jurists, legal academics, and practitioners, including many of his former clerks, we will discuss the Justice's jurisprudence and impact on the Court over the past three decades. Join us for this all-day law symposium to reflect on the legacy of Justice Thomas thirty years into his service. See acast.com/privacy for privacy and opt-out information.

Panel II – Constitutional Liberties: First Amendment, Religion, Race, and Natural LawThe Honorable Allison Jones Rushing, Circuit Judge, United States Court of Appeals for the Fourth CircuitNicole Stelle Garnett, John P. Murphy Foundation Professor of Law, University of Notre Dame Law SchoolMichael W. McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School, and a Senior Fellow, Hoover InstitutionElbert Lin, Partner, Hunton Andrews Kurth and former Solicitor General of West VirginiaModerator: Adam Mortara, Lecturer in Law, University of Chicago Law SchoolThe Heritage Foundation and the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School will co-host a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. Bringing together jurists, legal academics, and practitioners, including many of his former clerks, we will discuss the Justice's jurisprudence and impact on the Court over the past three decades. Join us for this all-day law symposium to reflect on the legacy of Justice Thomas thirty years into his service. See acast.com/privacy for privacy and opt-out information.

The Heritage Foundation and the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School will co-host an evening lecture, following our all-day law symposium, to continue the commemoration of the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. We […]

The Heritage Foundation and the C. Boyden Gray Center for the Study of the Administrative State at Antonin Scalia Law School will co-host an evening lecture, following our all-day law symposium, to continue the commemoration of the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. We hope you can join for the livestream of this special address by Senate Republican Leader Mitch McConnell (R-KY), as he reflects on the legacy of Justice Thomas thirty years into his service. See acast.com/privacy for privacy and opt-out information.

Jennifer Mascott is an Assistant Professor of Law and Co-Executive Director of The C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School which is at George Mason University. Professor Mascott writes in the areas of administrative and constitutional law and the separation of powers. Jennifer joins Mike to preview the upcoming Supreme Court term. The Supreme Court will have a lot of interesting cases this year, including the Dobbs case which might overturn Roe v. Wade. Mike asks Jennifer what she predicts might happen with the possibility of Roe v. Wade being overturned, her view on other cases involving the Second Amendment, & so much more!See omnystudio.com/listener for privacy information.

The decision in United States v. Arthrex was extremely fractured, with a mix of majority, concurring, and dissenting opinions that cut across traditional jurisprudential divisions on the Supreme Court. Although the split majority held that the appointment of the Administrative Patent Judges at the Patent Trial & Appeal Board (PTAB) violates the Appointments Clause, the Court ultimately remedied this constitutional violation by revising the America Invents Act to give the Director of the U.S. Patent & Trademark Office (USPTO) more direct review and control over the decisions reached by the PTAB concerning the validity of patents. Although this makes the PTAB decision-making process at the USPTO more like the adjudicatory processes at other agencies, in which agency heads have direct oversight and control over their administrative law judges, it raises fundamental questions about the PTAB process created by Congress, which was supposed to consist of solely legal analyses of the statutory conditions for patentability, free from political influence.Some have criticized the PTAB's operations for significant due process problems and other "shenanigans," but others have defended the PTAB as serving an important function as a corrective mechanism for mistakenly-issued patents that undermine the efficient operation of the innovation economy. This panel of experts discussed Arthrex and the ultimate effects that it may have in patent law, administrative law, and the innovation economy.Featuring:- Gary Lawson, Philip S. Beck Professor of Law, Boston University School of Law- Kristen Osenga, Austin E. Owen Research Scholar & Professor of Law, University of Richmond School of Law- Jonathan Stroud, Chief IP Counsel, Unified Patents- [Moderator] Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law SchoolVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

This year marks the 75th Anniversary of the Administrative Procedure Act (APA). This “super statute” governs the way administrative agencies develop and issue regulations and allows for oversight of agency actions by federal courts. On FEDtalk this week, our guests take a brief look at the history of the APA and how the law has evolved over the last 75 years. Finally, the group discusses modern issues in administrative law and how these challenges impact the civil service. Co-hosts Natalia Castro and Chris Keeven of Shaw Bransford & Roth are joined by Adam White and Paul Verkuil. Adam is a co-executive director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School. He is also a senior fellow at the American Enterprise Institute. Paul is a senior fellow and former president of the Administrative Conference of the United States. He is also President Emeritus of the College of William and Mary. The show airs live on Friday, August 6th, 2021 at 11:00 am ET on Federal News Network. You can stream the show online anytime via the Federal News Network app and listen to the FEDtalk podcast on PodcastOne and Apple Podcasts. FEDtalk is a live talk show produced by Shaw Bransford & Roth P.C., a federal employment law firm. Bringing you the insider's perspective from leaders in the federal community since 1993. FEDtalk is sponsored by the Federal Long Term Care Insurance Program (FLTCIP). The FLTCIP is sponsored by the U.S. Office of Personnel Management, insured by John Hancock Life & Health Insurance Company, under a group long term care insurance policy, and administered by Long Term Care Partners, LLC (doing business as FedPoint).

A conversation with Adam White, Resident Scholar at the American Enterprise Institute & Executive Director of George Mason University's Gray Center for the Study of the Administrative State Bio (from AEI)Adam White is a resident scholar at the American Enterprise Institute, where he focuses on American constitutionalism, the Supreme Court, and the administrative state. Concurrently, he is assistant professor of law and the director of the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University.Mr. White previously practiced constitutional and administrative law, particularly in the regulation of energy and the environment, finance, and telecommunications. He was a research fellow for Stanford University's Hoover Institution and an adjunct fellow for the Manhattan Institute. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.Mr. White has appeared in publications such as The Wall Street Journal, National Affairs, Commentary, The Harvard Journal of Law & Public Policy, and the Notre Dame Law Review. Mr. White has testified before a variety of US House and US Senate committees, including the Senate Judiciary Committee; the House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law (currently known as the Subcommittee on Antitrust, Commercial, and Administrative Law); the Senate Commerce Committee; and the House Financial Services Subcommittee on Oversight and Investigations.He has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.Times1:45 - The Administrative State13:15  - Fixing the Administrative State & Transition to the Courts18:30 - Role of Congress21:30 - Earmarks26:00 - Cameras in Congress and the Court30:45 - SCOTUS Talk34:30 - Debates within Originalism38:15 - Narratives and the Courts / Term limits47:25 - Adam's switch from Hoover to AEI52:15 - Think tanks vs publishers57:30 - What does it take to keep a republic? LinksAdam's podcast, UnprecedentialAdam's twitterHis Atlantic piece mentioned in the showJeff's twitternarrativemonopoly.com

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

As states begin to reopen, both businesses and consumers face uncertainty about the spread of COVID-19 and its effect on daily life. In this new era, should laws be drafted that limit or expand rules of tort liability in order to address the unique risks of operating business during a public health crisis?  In our June 2020 webinar co-sponsored with Scalia Law's C. Boyden Gray Center for the Study of the Administrative State panelists delve into questions regarding tort liability for businesses during COVID-19.

What is the role of the Supreme Court in American politics today? How is the current Court dealing with hot-button social and cultural issues, as well as topics like regulation and the scope of the administrative state? What are the major ideas and debates in conservative legal thought today? In this Conversation, Adam White, Executive Director at George Mason Law School's C. Boyden Gray Center and a Resident Scholar at the American Enterprise Institute, offers an incisive analysis of the Supreme Court and the role of the judicial branch as a whole in America today. Discussing the current conservative majority on the Supreme Court, White highlights the tension between the desire for judicial restraint and the desire to revisit previous rulings that may have been wrongly decided. White argues that Chief Justice Roberts will have to manage this tension responsibly as he seeks to shape the character of the current Court. White and Kristol also discuss how both liberals and conservatives might treat the Court as a political issue in 2020.

What is the role of the Supreme Court in American politics today? How is the current Court dealing with hot-button social and cultural issues, as well as topics like regulation and the scope of the administrative state? What are the major ideas and debates in conservative legal thought today? In this Conversation, Adam White, Executive Director at George Mason Law School's C. Boyden Gray Center and a Resident Scholar at the American Enterprise Institute, offers an incisive analysis of the Supreme Court and the role of the judicial branch as a whole in America today. Discussing the current conservative majority on the Supreme Court, White highlights the tension between the desire for judicial restraint and the desire to revisit previous rulings that may have been wrongly decided. White argues that Chief Justice Roberts will have to manage this tension responsibly as he seeks to shape the character of the current Court. White and Kristol also discuss how both liberals and conservatives might treat the Court as a political issue in 2020.

The C. Boyden Gray Center for the Administrative State, at George Mason University's Antonin Scalia Law School, supports research and debate on the modern administrative state, and the constitutional issues surrounding it. In this podcast, we'll discuss some of the questions being debated around modern administration — some new questions, some timeless ones. And you can also get the audio from... Source