Antitrust efforts have become prevalent in the courts and legislative bodies, both in the United States and abroad. A recent example is the U.S. Department of Justice's case against Google for alleged anticompetitive behavior in its search business. Though cybersecurity and national security concerns are traditionally not included in antitrust efforts, the implications of such priorities should be carefully considered. Join a panel of leading security and antitrust experts for a discussion on...

J. Kennerly Davis presents an overview of electric industry regulation. Davis discusses how regulation has changed in a fundamental way over the last 140 years, and what that change has meant for electric customers large and small.

The Regulatory Transparency Project and the Federalism & Separation of Powers practice group hosted a virtual debate over the recent Supreme Court decision in SEC v. Jarkesy. The panel featured Matthew Wiener, from Penn Carey Law, and Josh Robbins, of the Pacific Legal Foundation. Michael Buschbacher, from Boyden & Gray PLLC, moderated the debate.

Tanner Jones and Jonathan Wolfson from the Cicero Institute discuss their co-authored paper titled "Restoring Legislative Authority: A Balanced Approach to Agency Deference." They explore the implications of the Chevron deference decision and the Loper Bright case. The conversation addresses the impact of these decisions on administrative law, regulation, and specifically on the states.

A panel of experts will engage in a legal discussion about the implications of using AI in rulemaking, as AI technologies inadvertently influence the process of creating and implementing regulations. The panel will also consider how rulemaking and AI influence the legal and political realms. Featuring: Speakers: Catherine Sharkey, Segal Family Professor of Regulatory Law and Policy, New York University School of Law John Nay, Founder & CEO, Norm Ai J. Kennerly Davis, Former Senior...

This virtual event explored the potential trajectories of AI policy under the upcoming shift in presidential administrations. Our expert panel, featuring Ash Kazaryan, Adam Kovacevich, and Neil Chilson, examined the critical issues surrounding AI and offered insights on what policymakers need to know as they navigate rapidly evolving AI technologies. This discussion, moderated by Adam Thierer, provides a balanced range of perspectives on how future administrations can effectively approach AI...

A panel of distinguished legal scholars and practitioners will provide an overview of the current landscape of litigation surrounding climate disclosure regulations. Experts will discuss the legal challenges facing both the SEC’s climate disclosure rule and California’s SB 253 and 261. Panelists will address the legal questions raised during litigation over climate disclosure regimes, as well as the regimes’ implications for corporate governance, consumers, and investors. Featuring: Victor...

In this episode, Ketan Bhirud and Luke Wake take a closer look at the role of the use of outside legal counsel by state attorneys general. Outside counsel can provide valuable expertise and resources, but what are the implications of relying on external firms for state legal matters? What are the advantages and potential pitfalls of these partnerships? How might they shape state legal practice and ultimately impact the public?

In this episode, experts GianCarlo Canaparo and Mike Gonzalez provide a legal and historical interpretation of the term "equity." This discussion, moderated by Linda Chavez, highlights how the definition of equity extends beyond civil rights protection and how the evolving definition of the term "equity" affects the legal realm. Featuring: GianCarlo Canaparo, Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation Mike Gonzalez, Angeles T....

Regulatory experts, Rosario Palmieri and Karen Harned, discuss industry self-regulation, soft law, and voluntary standards. Thousands of products, services, and systems use voluntary, consensus standards to govern product performance and safety, worker safety, financial services, and food safety. This is a layer of self-regulation that usually lies beneath the administrative state or in parts of the economy where private markets have developed mechanisms to ensure that businesses and...

Federal regulators were busy in April 2024, with agencies publishing a record-breaking 66 significant new regulations; more than half of which had price tags higher than $200 million. This burst of regulatory activity can be attributed to a once obscure law known as the Congressional Review Act (CRA). If the November election brings Republican control of the White House and Congress, rules issued this summer or fall may be subject to review and disapproval in 2025. This panel will review how...

Experts will examine the major questions doctrine, its role in regulatory litigation, and its place in administrative law in light of recent developments. Please register and join us for a live webinar on August 14, 2024 at 11 am EST. Featuring: Paul Ray, Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage Foundation Elliot Gaiser, Ohio Solicitor General (Moderator) Susan Dudley, Founder, GW Regulatory Studies Center & Distinguished Professor of Practice,...

Kathryn Ciano Mauler and Eric Wang join the podcast to discuss the FEC rules behind campaign funds, particularly in the transfer of said funds between candidates. Their discussion breaks down the questions surrounding the recent changes to the 2024 ballot, and how that will affect each campaign's fundraising efforts, especially in a post-Chevron legal landscape.

Alex J. Adams, Director of Idaho's Department of Health and Welfare is joined by Reeve T. Bull, Director of the Virginia Office of Regulatory Management. Director Adams and Director Bull detail the importance of regulatory reform efforts in Idaho and Virginia, respectively, and discuss the impact that regulatory reform can have on employment opportunities, business development, and the cost of living. What is zero-based regulation ("ZBR")? What did Idaho's zero-based regulation executive...

Legal experts Jonathan Butcher and Jon Riches discuss the debate between parental rights and children’s privacy in education under the Family Educational Rights and Privacy Act (“FERPA”). Moderated by Luke Wake, their discussion examines the debates over the role of student privacy, parental rights, and the role that the government is playing in education.

On July 2, 2024, the US Supreme Court granted certiorari in the case, Food and Drug Administration v. Wages and White Lion Investments, LLC. In Explainer Episode 70, expert Jeff Stier discusses the FDA's regulatory action prohibiting specific vape flavors from being sold by these two companies, and the legal issues that the Supreme Court will review in the October 2024 term. What are the implications of the FDA prohibiting the sale of these vape flavors? What regulatory process did the FDA...

The panelists will discuss Biden Administration policies and regulations at the DOL and SEC addressing investing based on environmental, social, and governance (or “ESG”) factors; whether they are consistent with statutory law; and whether the agencies followed appropriate administrative processes in promulgating these ever-evolving policies. Moderator: Gregory Jacob, Partner, O'Melveny & Myers LLP Speakers: Paul Atkins, Chief Executive Officer, Patomak Global Partners LLC Elliot...

In this episode of the Fourth Branch Explainer podcast, Prof. Eugene Volokh, from UCLA Law School, and Prof. David Bernstein, from the Antonin Scalia Law School, discuss the features, implications, and possibilities of the Anti-Semitism Awareness Act.

The Regulatory Transparency Project’s Fourth Branch Podcast presents Explainer Episode 68. In this Fourth Branch Explainer podcast, Rachel N. Morrison from the Ethics and Public Policy Center (EPPC) discusses the implications of the Pregnant Workers Fairness Act Regulations recently released. Listen in as Morrison discusses the pros and cons of new rules.

Congress has been working on comprehensive federal data privacy legislation for decades without reaching agreement. But the finish line may be closer today than before. With the recent introduction of the American’s Privacy Rights Act (APRA), the chairs of the Senate and House Commerce Committees announced a bipartisan compromise, hoping to end the legislative stalemate. Our panel of data privacy experts will take a deeper look at APRA, including its provisions and implications. Who wins and...

The Regulatory Transparency Project’s Fourth Branch Podcast presents Explainer Episode 67. In this Fourth Branch Explainer podcast, health policy experts Michael Cannon and Christina Sandefur discuss the regulatory landscape of veterans’ benefits, and how veterans’ healthcare impacts American foreign policy. The experts discuss Michael Cannon’s new book “Recovery”.

The Regulatory Transparency Project presents a panel of legal experts, including Bob Eitel, Christian Corrigan, Will Trachman, and Kim Richey. Watch as these experts discuss the Biden Administration’s newly released Title IX Regulations and their implications for educational institutions, school districts, students, faculty, and parents. Join us for this webinar at 1 pm EST on May 8th.

Earlier this year, the U.S. Energy Information Administration reported that the nation’s Strategic Petroleum Reserve, or SPR, held approximately 358 million barrels, its lowest level in forty years. Is that a problem? What is the SPR and how is it supposed to operate? How much petroleum is it supposed to hold? Listen in on the Regulatory Transparency Project's Explainer Episode 66, as expert J. Kennerly Davis discusses SPR.

In this RTP explainer episode 65, we are joined by Michael Cannon, Director of Health Policy Studies at the Cato Institute, and Christina Sandefur, Executive Vice President of the Goldwater Institute to discuss Michael Cannon’s new book, Recovery. Listen in as these experts consider the role of government agencies like the FDA in health spaces across America. "Recovery" discusses treatments approved by the FDA and the implications of approved drugs entering the market. Americans are...