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If you have any questions about an episode, a guest, or the podcast, or if you would like to propose a topic or a guest, please email the Senior Technology Editor at ALR-Sr-Tech-Editor@wcl.american.edu.

Season 3, Episode 1: Health and Administrative Law Series, Episode 1: HIPAA

A Hard Look returns for Season 3 with its inaugural episode! Season 3 host Steven Valentino and guest Kirk Nahra, Partner at WilmerHale and an adjunct professor at American University Washington College of Law and Case Western Reserve University, walk through the Health Insurance Portability and Accountability Act, or more commonly known as HIPAA. In this episode, Professor Nahra helps listeners understand the inception and development of HIPAA, as well as the Department of Health and Human Services’s regulatory approach and framework under the law. After tracing HIPAA’s history and regulatory structure, Professor Nahra then discusses the HHS notice of proposed rulemaking on access and coordinated care and how that may alter HIPAA’s current applications. We conclude with a larger discussion of the ongoing privacy debate and how HIPAA or a different national privacy law can be shaped to address the growth in collected health information.

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 Steven Valentino 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 Steven Valentino 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.

A transcript is available for this episode here.

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 Sarah Knarzer 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. 

Season 2, Episode 7: The Wild World of Exotic Pets

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 Sarah Knarzer at ALR-Sr-Tech-Editor@wcl.american.edu.

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 Sarah Knarzer 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.