Season 5, Episode 7: The Real Effect of Regulatory Ambiguity
In this Episode of A Hard Look, ALR Senior Technology Editor, Bennett J. Nuss interviews Professor James Ridgway about the practical effects of an ambiguous ambiguity doctrine as promulgated by Chevron, using Veteran’s Law as a case example. This discussion ranges from a discussion of the history of Veterans Law, a critical examination of the motivators within administrative agencies which may contribute to ineffectiveness and court challenges, and theorizing about how iterative learning may improve agency rulemaking.
This episode was produced by ALR Technology Editor Anthony Aviza.
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Recommended Reading:
This Episode’s Transcript
J.B. Rule and James Salzman, Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State.
Kent Barnett and Christopher J. Walker, Chevron in the Circuit Courts
If a military veteran you know is in need of assistance, you can find Vet Centers for Readjustment Counseling as well as information regarding benefits at www.va.gov.
Season 5, Episode 6: A Brave New World of Administrative Law
On this episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews ABA Administrative Law and Regulatory Practice Section Chairman Adam White regarding the current state of Administrative Law in the United States and what to expect out of what is almost certain to be a groundbreaking year. The conversation ranges from the ABA's role in the promotion of administrative law doctrines, how the political divides in administrative law may not be as clear as they once seemed, and a preview of some themes and important cases coming to a head this year.
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This episode was produced by ALR Technology Editor, Anthony Aviza
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
Recommended Reading:
This Episode's Transcript
Season 5, Episode 5: Loper Bright and the Future of Chevron
On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Holwell, Shuster & Goldberg Partner Daniel M. Sullivan regarding the controversial Supreme Court case Loper Bright Enterprises v. Raimondo, which has the potential to completely overhaul Administrative Law as we know it. The discussion ranges from the critiques and weaknesses of Chevron doctrine, potential constitutional problems with judicial review of agency decisions, and what administrative law may look like after this groundbreaking term.
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This episode was produced by ALR Technology Editor, Anthony Aviza.
Many thanks to ALR Editor-in-Chief Madison Gestheir for her help in providing transcription for this podcast.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
Recommended Reading:
Chevron v. NRDC
Marbury v. Madison
Amicus and Filings for Loper Bright
Transcript
Season 5, Episode 4: The Fall of Silicon Valley Bank
On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Professor Hilary J. Allen regarding the current status of federal banking regulation in light of the four bank failures in the United States earlier this year. The discussion ranges from the circumstances surrounding the failure of the Silicon Valley Bank, how the public’s response to the failure may be overstated in terms of impact, the role of the FDIC in the disbursement of assets, and what the future would look like if all bank deposits were insured by the Federal Government.
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This episode was produced by ALR technology editor, Anthony Aviza.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
Recommended Reading:
FDIC’s Bank Failures in Brief – 2023
Investopedia: What Happened to Silicon Valley Bank?
The Federal Reserves’ Review of Supervision and Regulation of Silicon Valley Bank
New York Times: Silicon Valley Bank Fails After Run on Deposits
Season 5, Episode 3: Major Questions about Major Questions Doctrine
On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Professor Daniel Cohen regarding the current rise of Major Questions Doctrine in American Jurisprudence in contrast to the potential fall of Chevron Doctrine. The conversation goes from an interrogation of current judicial review methods for agency action, to investigating potential issues with Major Questions Doctrine, and concluding with thoughts about the future of judicial deference and the balance of powers as we know them.
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This episode was produced by ALR Technology Editor, Anthony Aviza.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
Many thanks to ALR Editor-in-Chief Madison Gestiehr and Senior Articles Editor Mehraz Rahman for their assistance in providing the transcription for this Episode.
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Recommended Reading
This Episode’s Transcript
Chevron v. Natural Recourses Defense Council
Skidmore v. Swift
Public Water Supply Co. v. DiPasquale
FDA v. Brown & Williamson Tobacco Corp.
King v. Burwell
Alabama Association of Realtors v. HHS
NFIB v. OSHA
West Virginia v. EPA
Biden v. Nebraska
Season 5, Episode 2: Biting the Hand that Feeds?
In this episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews current Washington College of Law 3L and Senior Articles Editor Mehraz Rahman regarding her comment published in ALR Volume 75.3. In this episode, we review the ongoing controversies surrounding Title IX sexual misconduct adjudication on college campuses, and how standards for holding these adjudications have changed from administration to administration over the course of the past decade. Then we turn our attention to how this process can be formalized and reformed to better serve the interests of victims, accused, and the substantial interests of justice and due process implicated in these hearings.
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This Episode was produced by Administrative Law Review Technology Editor Anthony Aviza.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
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If you believe you have been a victim of sexual violence, you can use the recourses below to find help:
For AU Students, please contact the Office of Equity and Title IX.
For Non-Students:
National Sexual Assault Hotline with Confidential 24/7 Support: 1-800-656-4673
Campus Sexual Violence Recourse List
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Recommended Reading
Withdrawal of the 2011 DCL & 2014 Q&A
U.S. Department of Education’s 2022 Proposed Amendments to Title IX Regulations
Season 5, Episode 1: Deported Over a Typo
On this episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews Adam Pollock, a 3L at American University Washington College of Law and current Editor for Online Publications. In this episode, we review the systemic structure of the Bureau of Immigration Appeals, and how this system is operating considering the ever-growing strain of immigration on U.S. Courts. We also interrogate the propriety and effects of Patel v. Garland, a Supreme Court case that limits the degree of review afforded to those that appeal rulings by the BIA. Finally, we look at how the BIA can be potentially reformed to better serve the interests of fairness and substantial justice.
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This Episode was produced by Administrative Law Review Technology Editor, Anthony Aviza.
Many thanks as well to Administrative Law Review Editor-in-Chief Madison Gestiehr for her assistance in providing the transcription for this episode.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
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Recommended Reading:
This Episode’s Transcript
Deported Over a Typo: Making Sense of the Board of Appeals’ Newfound Administrative Power in the Wake of Patel v. Garland
Patel v. Garland
Congressional Research Service: U.S. Immigration Courts and the Pending Cases Backlog
Innovation Law Lab: The Attorney General’s Judges
Season 4, Episode 8: The Uncertain Future of Plan C
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
The Transcript for the episode is available here.
Season 4, Episode 7: Regulating Generative AI
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
The Transcript for the episode is available here.
Season 4, Episode 6: The Forgotten Toxin: The Fight to Finally Ban Asbestos
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
The Transcript for the episode is available here.
Season 4, Episode 5: Military Justice: You Can Handle the Truth
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
The Transcript for the episode is available here.
Season 4, Episode 4: No Judge is Above the Law
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our new Senior Technology Editor, Alexander Naum speak with Aliza Shatzman (President and Co-founder of the Legal Accountability Project). In this episode, we review the gaps found in the current state of Judicial Accountability framed by our guest’s experience of mistreatment in her former clerkship; including her struggle to obtain retribution using the administrative procedures currently available and her continuing fight to protect judicial clerks and hold judges accountable for their actions.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
The Transcript for the episode is available here.
Season 4, Episode 3: The Future of Climate Policy and Administrative Authority
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum and our Technology Editor, Eva Bogdewic speak with Environmental Law expert, William Snape, III. In this episode, we review the Supreme Court’s ruling in WV v. EPA and its implications on climate policy, and the broader implications to Administrative Law as it relates to Chevron Deference and the Major Questions Doctrine.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
The Transcript for the episode is available here.
Season 4, Episode 2: The Infant Formula Shortage
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum and our Technology Editor, Eva Bogdewic speak with Food and Health Regulatory Expert, Stuart Pape. In this episode, we review the current infant formula shortage affecting families across the U.S. Analyzing the factors that led to the shortage, what federal agencies (including the FDA) are doing to end the shortage, and what can be done to prevent this issue from occurring again.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
The Transcript for the episode is available here.
Season 4, Episode 1: The FCC's Impact on U.S. Media
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our new Senior Technology Editor, Alexander Naum speak with Crystal Evans (counsel for NBCUniversal) and Chad Guo (attorney advisor at the FCC). In this episode, our guests apply both an industry and Federal agency lens to analyze the driving forces, cases, statutes, and regulations that have shaped how the FCC oversees media content in the U.S.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
The Transcript for the episode is available here.
Season 3, Episode 10: The Federal Student Loan Crisis
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Professor John Brooks. In this episode, Professor Brooks discusses how the congressional budget process and regulatory action by administration makes the student loan crisis a complicated issue. He discusses how legislators through the budget process can use their tools to craft policy in the student loan space, and also how the Executive can use its tools to create policy on this subject.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
The Transcript for this episode is available here.
Season 3, Episode 9: Wealth Taxes: The Constitutional and Administrative Implications
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Professor John Brooks. This episode focuses on wealth taxes and the constitutional and administrative challenges surrounding them. Professor Brooks discusses how Supreme Court interpretation of constitutional law poses a barrier to the congressional enactment of a wealth tax. Additionally, he further illustrates some of the administrative implications of a wealth tax if it was to be enacted.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
Transcript coming soon.
Season 3, Episode 8: Fleeing Ukrainians and American Immigration Law
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to guest host Arielle Kafker, Note & Comment Editor on the Administrative Law Review, speak with Kelly White from the CAIR Coalition. This episode focuses on the immigration and Ukrainian refugees in light of the recent attacks in Ukraine. Kelly and Arielle discuss the basics of immigration and temporary protected status, and President Biden’s announcement to accept 100,000 Ukrainian refugees.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
Transcript coming soon
Season 3, Episode 7: On the Blockchain, Part II: Cryptocurrency Current Events
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino and guest host Edward Leaf speak with Jason Schwartz, Administrative Law Review alum and partner at Fried Frank. In this two-part series on cryptocurrency, this second episode focuses on current events by looking at the modern usages of cryptocurrency in financial ecosystems. It also discusses the environmental impact of the cryptocurrency mining process.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
A transcript for the episode is available here.
Season 3, Episode 6: On the Blockchain, Part I: An Introduction to Cryptocurrencies & The Regulatory Void Surrounding Them
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino and guest host Edward Leaf speak with Jason Schwartz, Administrative Law Review alum and partner at Fried Frank. In this two-part series on cryptocurrency, this first episode focuses on the basics of how cryptocurrencies and digital assets work. The group also explores President Biden’s recent Executive Order calling on agencies to explore these digital assets.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
A transcript for the episode is available here.
Season 3, Episode 5: Sports & The Antitrust Laws
On this sports-themed episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Jeffrey Kessler of Winston & Strawn LLP. This episode focuses on the intersection of the antitrust laws in the context of professional and collegiate athletics. Beginning with the foundations of the antitrust laws, the episode then dives into a discussion on the collective bargaining and media rights applications often associated with major sports leagues. The episode concludes with a discussion of college athletics and how the antitrust framework applies.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
A transcript for the episode is available here.
Season 3, Episode 4: A Return to Orbit? A Look Into the Past, Present, and Future of Commercial Spaceflight Regulation
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Caryn Schenewerk from the Relativity Space for a discussion on the evolution of commercial spaceflight regulations. This episode explores the general theory behind the development of the regulations, how modern entities like SpaceX, Virgin Galactic, and Blue Origin exist in this regulatory framework, and the challenges that face both regulatory authorities and commercial space entities for the future of regulation in the realm of commercial space flight.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
A transcript for the episode is available here.
Season 3, Episode 3: The Eviction Moratorium
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to returning guest host (and Technology Editor of the podcast) Kübra Babaturk speak with Eric Dunn from the National Housing Law Project to discuss President Biden’s eviction moratorium and the resulting impacts from it. Mr. Dunn discusses how administrative forces crafted the policy and the impacts of it within litigation and the public health crisis at-large.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
*Transcript Forthcoming*
Season 3, Episode 2: Executive Order 13,985 & Equity
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to host Steven Valentino speak with Professor Olatunde Johnson from Columbia Law School to discuss President Biden’s Executive Order 13,985. Professor Johnson discusses how the recent events of 2020 have led to the creation of this Executive Order, the legal framework for which Executive Orders are premised, and what results we can hopefully see from the administrative review the Order calls for.
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
A transcript is available for this episode here.
Season 3, Episode 1: Health and Administrative Law Series, Episode 1: HIPAA
If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
A transcript is available for this episode here.
Season 2, Episode 15: Prisoners' Rights
On this episode of the Administrative Law Review's A Hard Look, tune in to listen to Host Sarah Knarzer speak with two ALR staffers, Katie Anderson and Leah Hamilton, discuss their student comments. Katie Anderson, the incoming Senior Diversity, Equity, and Membership Editor on ALR, talks about how prisoner's ability to meaningfully access the courts may be impacted by new BOP rules and how inadequate training causes prisoners' rights to be infringed. Leah Hamilton, an incoming Senior Articles Editor on ALR, shares her research on the dire state of healthcare delivery in prisons and how its inconsistencies and shortcomings impact prisoners' health, wellbeing, and lives.
If you have any questions about this episode, the guests, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
Season 2, Episode 14: Revisiting "Coronavirus and Comparative Administrative Law"
In July 2020, A Hard Look met with Professors Cary Coglianese and Neysun Mahboubi of the University of Pennsylvania to discuss the essay series on “Comparing Nations’ Responses to COVID-19” in The Regulatory Review. Now, nearly nine months later, the Administrative Law Review has published a special themed issue featuring expanded versions of some of the essays. To commemorate this collaboration, our guests have returned to A Hard Look once more, to discuss the new volume, as well as major developments in the course of the pandemic over the past year, and the lessons they draw for the future.
If you have any questions about this episode, the guests, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
Season 2, Episode 13: GameStop
What in the world is going on with GameStop? On this episode of the Administrative Law Review's A Hard Look, tune in to listen to Professor Hilary Allen, from the Washington College of Law, explains how the situation with Robinhood, GameStop, and the stock market unfolded, and what the controversy can teach us about financial regulation.
If you have any questions about this episode, the guests, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
Season 2, Episode 12: Series on Racism in Administrative Law, Part 4: Health Disparities
Today’s episode of A Hard Look is the fourth and last in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country.
To close our series, host Kübra Babaturk and guest Professor Renée M. Landers talk about the disparate impact that administrative policies have on healthcare, from hospital implementation to insurance and how she and others have used the public participation system of filing comments to force agencies to acknowledge their role in racial justice. Professor Landers authored “Race (and Other Vulnerabilities) in Healthcare and Administrative Law” for the Yale Journal of Regulation.
The series was inspired by the Yale Journal of Regulation’s Symposium on Racism in Administrative Law. A special “Thank You” to all of the hosts and guests that participated and to Professor Kathryn Kovacs for spearheading the Symposium and for getting this conversation started.
Season 2, Episode 11: Series on Racism in Administrative Law, Part 3: Immigration
Today’s episode of A Hard Look is the third in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country.
On this episode, host Brendon and guests, Dean Kevin Johnson and Professor Carrie Rosenbaum, discuss how immigration law, administrative law, and racism have historically intersected in several major Supreme Court cases on immigration. The guests also talk about the use of critical race theory in immigration academia, some of the barriers to immigration reform, and the recent Supreme Court decision in Department of Homeland Security vs. Board of Regents of the University of California. Professor Carrie Rosenbaum authored "UnEqual Protection in Immigration Law" for the Yale Journal of Regulation.
The series was inspired by the Yale Journal of Regulation’s Symposium on Racism in Administrative Law. A special “Thank You” to all of the hosts and guests that participated and to Professor Kathryn Kovacs for spearheading the Symposium and for getting this conversation started.
Season 2, Episode 10: Series on Racism in Administrative Law, Part 2: Public Processes
Today’s episode of A Hard Look is the second in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country.
On this episode, host Will Chavez and guests, Dean Jerry Anderson and Professor Steph Tai, talk about the intersection between environmental justice, racism, and the barriers to public participation in formal hearings and informal processes in administrative law. In addition to their own experiences and examples, the guests discuss potential solutions for addressing racism in public processes and the role that litigation plays in fighting it.
The series was inspired by the Yale Journal of Regulation’s Symposium on Racism in Administrative Law. A special “Thank You” to all of the hosts and guests that participated and to Professor Kathryn Kovacs for spearheading the Symposium and for getting this conversation started.
Season 2, Episode 9: Series on Racism in Administrative Law, Part 1: The System
Today's episode of A Hard Look is the first in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country.
On this episode, host Sarah Knarzer and guests, Professor Bernard Bell and Professor Bijal Shah, talk the inspiration behind this series and take a broad look at the system that allows and protects racist influences. The guests also discuss a few prominent examples of racism in Administrative Law and some steps for professors, practitioners, and leaders can take to address this racism and reform the system.
The series was inspired by the Yale Journal of Regulation’s Symposium on Racism in Administrative Law. A special “Thank You” to all of the hosts and guests that participated and to Professor Kathryn Kovacs for spearheading the Symposium and for getting this conversation started.
Season 2, Episode 8: Celebrating 30 Years of the ADA
On today’s episode of the Administrative Law Review‘s A Hard Look, Robyn Schowengerdt, who is ALR's Editor for Online Publications, takes over for Sarah Knarzer for a conversation with GMU Disability Law Professor Brandy Wagstaff and Acting Dean of the Washington College of Law, Professor, and Clinic Director, Bob Dinerstein. Robyn and the guests talk about fight it took to get to the ADA and all that the ADA has accomplished in the last three decades. Professor Wagstaff and Dean Dinerstein also discuss the ways that the pandemic may influence disability accommodations, how they found their place in the Disability Law space, and what it is like to practice and teach Disability Law.
Please check out the AU WCL's Disability Rights Clinic, "Lives Worth Living: the Great Fight for Disability Rights," a film by Eric Neudel, and Professor Wagstaff's article "The ADA, Telework, and the Post-Pandemic Workplace" in the Regulatory Review.
On today’s episode of the Administrative Law Review's A Hard Look, Judge Scott Maravilla, joins host, Sarah Knarzer, and educator, YouTuber, and exotic animal conservationist Marita De La Pena to discuss the world of exotic pets and the regulations that govern it. Though a niche and often overlooked hobby, the keeping of exotic pets has a vast and sometimes confusing regulatory landscape. The guests talk about their own experiences with keeping exotic pets, how they have navigated the rules, and what they wish to see from future regulations.
Please check out Marita De La Pena's Youtube Page, Deadly Tarantula Girl for her videos and information.
Season 2, Episode 6: Struggle for Tribal Recognition and the Case of the Mashpee Wampanoag
On today's episode of A Hard Look, a Junior Staffer on ALR, Olivia Miller, joins host, Sarah Knarzer, and Professor Matthew Fletcher to discuss the tribal recognition process and the barriers it poses to tribes across the United States, and in particular the Mashpee Wampanoag tribe. Earlier this year, and in the middle of a surging coronavirus pandemic, the Bureau of Indian Affairs announced its intention to revoke the Mashpee Wampanoag's land from its federal trust. This action is only a continuation of the Mashpee Wampanoag's four hundred year struggle for tribal survival, dating back to the origins of the Thanksgiving myth. Olivia and Professor Fletcher discuss Olivia's comment, which she wrote as part of ALR's comment writing process, to identify why the tribal recognition process is such a difficult, expensive, and frustrating administrative process for tribes who want and need to be federally recognized.
Please check out Professor Fletchers blog, https://turtletalk.blog, for more of his scholarship on Indian Law. If you have any questions about this episode, the guests, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
A transcript for the episode is here.
Season 2, Episode 5: The Rundown on TikTok
In recent years, there have been several criticisms of social media applications, but two social media applications, in particular, have landed themselves in hot water with President Trump: TikTok and WeChat. Over the last few months, executive orders have been implemented, lawsuits filed, and tensions between the United States and China have heightened. What role does regulation have to play? Where does CFIUS come in? Will TikTok continue to operate in the United States? On this episode of the Administrative Law Review‘s A Hard Look, tune in to listen to Fatema Merchant and Reid Whitten, from Sheppard, Mullin, Richter & Hampton, explain the TikTok and WeChat controversy and hypothesize about where it goes from here.
If you have any questions about this episode, the guests, or the podcast, or if you would like to propose a topic or a guest, please email Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu.
A transcript for this episode is available here.
Season 2, Episode 4: Excerpts from ALR’s Fall Symposium: Election Oversight
This special episode of A Hard Look features excerpts from the Administrative Law Review’s Fall Symposium on Special Topics in Election Oversight. The symposium was hosted on Friday, October 23rd and Saturday, October 24th, over zoom and featured five panels on Mail In Ballots and Foreign Interference. Ryan Scheidt, who is ALR’s Senior Symposium Editor, organized the event and Professor Louis Caldera at American University Washington College of Law moderated the five panels. Please visit administrativelawreview.org and click on our Symposium page for links to the recordings.
Thank you to all the guests: State Senator Tom Umberg, State Senator Creigh Deeds, State Senator Jen Jordan, Congressman Jamie Raskin, Judd Choate, Matthew Sanderson, Pooja Chaudhuri , Mark Brewer, Jasmeet Ahuja, OJ Seamans Sr., Theodore Wilhite, Ravi Doshi, Mark Lancaster, David Wheeler, Jack Young, T.S. Allen, Congressman Ted Lieu, and FEC Commissioner Ellen Weintraub. Also thank you to Professor Louis Caldera for moderating and to WCL for assisting in organizing the event.
A transcript is available for this episode here.
Season 2, Episode 3: Reviewing “Reorganizing Government: A Functional and Dimensional Framework”
Professor Robert Glicksman and Professor Alex Camacho join your host, Sarah Knarzer, for a conversation about their book “Reorganizing Government: A Functional and Dimensional Framework.” Reorganizing Government explains how past approaches have failed to take advantage of diverse alternative approaches to organizing governmental authority and proposes an analytical framework of governmental authority through the use of several unique case studies. In addition to their book, the guests tells the Administrative Law Reviewhow they met, future projects, and the concrete reforms they hope will result from their work.
We would also like to give an additional thank you to Derek Ross from the Office of Technology at the Washington College of Law for his assistance in editing this episode.
A transcript is available for this episode here.
Season 2, Episode 2: Alcohol Regulation
On this episode of A Hard Look, Richard Blau joins your host, Sarah Knarzer, for a conversation on state alcohol regulation. As a surprisingly robust area of practice, state alcohol regulation touches many aspects of our lives and can vary widely from state to state. Mr. Blau walks our listeners through the history, policies, case law, fun facts, and emerging trends in state alcohol regulation, and finishes the episode off by discussing the impact COVID-19 may forever leave on the alcohol industry.
A transcript is available for this episode here.
Season 2, Episode 1: Coronavirus and Comparative Administrative Law
Even in its earliest stages, coronavirus has impacted the world in a way that was unpredictable and devastating. To manage the consequences of this very deadly pandemic, every country has implemented their own unique strategy with various degrees of success. What has worked? What hasn’t worked? What are the lessons to be learned from this virus and what are the next steps? From the University of Pennsylvania, Professor Cary Coglianese and Neysun Mahboubi join your host, Sarah Knarzer, on a special episode to discuss the different regulatory responses from around the world, as discussed in an essay series on “Comparing Nations’ Responses to COVID-19” in The Regulatory Review, that our guests helped to curate.
The Administrative Law Review will publish a special themed issued, featuring expanded versions of a selection of these essays, in March 2021.
A transcript is available for this episode here.
Season 1, Episode Three: Despite its limited scope, the Supreme Court’s decision in Lucia v. SEC has stirred debate over its potentially far reaching ramifications. Judge Scott Maravilla of the Federal Aviation Administration sat down with the Administrative Law Review to discuss the Court’s ruling, and what it might mean under the Alternative Dispute Resolution Act.
Season 1, Episode Two: Professor Aram Gavoor and Mr. Steven Platt join the Administrative Law Review to discuss their essay, “Administrative Records After Department of Commerce v. New York.” They discuss the under-researched field of administrative records under the Administrative Procedure Act, judicial requirements for administrative record compilation, completion, and supplementation, as well as the Supreme Court’s 2019 opinion in Department of Commerce, in which the Court weighed in on the subject. They discuss their views on the opinion and the contours of administrative record compilation and litigation going forward.
Season 1, Episode One: Following the Supreme Court’s ruling in Kisor v. Wilkie this past summer, many scholars and practitioners have deliberated its significance. Professor Jeffrey Lubbers from American University Washington College of Law joins the show to discuss the history of the Auer deference doctrine, how the Court came to its decision, and its effect on agencies’ authority moving forward.