The Regulatory Transparency Project (RTP) is pleased to host a stellar panel of top labor and employment law experts for a lively discussion in which our panelists will grade the Biden Administration’s administrative, regulatory, and enforcement activity under the Department of Labor (DOL) and the National Labor Relations Board (NLRB). How have these agencies’ approaches to administrative law under the Biden Administration been similar to or different from prior administrations? Where have...

Murthy v. Missouri, originally filed as Missouri v. Biden, concerns whether federal government officials had violated the First Amendment by "coercing" or "significantly encouraging" social media companies to remove or demote particular content from their platforms. Multiple individuals, advocacy groups, academics, and some states sued various officials and federal agencies for censoring conservative-leaning speech on the 2020 election, COVID policies, and election integrity. The plaintiffs...

In this episode, Jon Riches and James Sherk discuss fundamental questions related to government labor unions and their impact on public policy. They explore the nuances between public and private unions, their influence on public policy, and the concept of release time – its definition, prevalence across federal, state, and local levels, funding sources, legality, and potential policy remedies. Join us as we navigate through these critical questions and discuss real-world examples, including...

On February 20, 2024, the U.S. Supreme Court will hear oral argument in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The case asks whether a plaintiff’s Administrative Procedure Act (APA) claim “first accrues” under 28 U.S.C. § 2401(a)—the six-year default federal statute of limitations—when an agency issues a rule or when the rule first causes a plaintiff to “suffer legal wrong” or “be adversely affected or aggrieved,” 5 U.S.C. § 702. Petitioner Corner Post is a...

The 2024 super election year has captured the world's attention, with the US elections playing a central role in shaping global politics. Join Kathryn Ciano Mauler and Katie Harbath as they delve into the complexities of worldwide political elections while discussing how to counteract and recognize how these elections will intersect with emerging technologies like AI. Featuring: Kathryn Ciano Mauler, Corporate Counsel, Google Katie Harbath, Chief Global Affairs Officer, Duco Visit our...

For many years FDA has claimed the authority to regulate Laboratory Developed Tests, that is tests that are designed, produced, and used in a single lab – never being put up for sale. This authority, however, has been contested, and the FDA itself has traditionally practiced “discretionary enforcement,” wherein it has regulated LDTs very little. A change occurred in October 2023 when the FDA issued a notice of proposed rulemaking wherein it indicated its intention to codify its claim of...

The approach the FDA has taken to regulating e-cigarettes and vape products, particularly those that are flavored, has been the topic of conversation for some years. Experts debate the best methods for review, risks and benefits involved in such products, and the means by which the FDA reviews such applications. Jeff Stier joined us to discuss a recent Fifth Circuit decision (Wages and White Lion Investments, L.L.C., doing business as Triton Distribution v. FDA) concerning the FDA's approval...

What are bias response teams (BRTs)? What role do they play on American college campuses? And how is freedom of speech under the First Amendment involved? In this Fourth Branch Explainer podcast, experts Jonathan Butcher and Jon Riches briefly explain the intellectual foundations of bias response teams, how these systems operate on American college campuses, and how legal protections such as due process and freedom of speech are involved. Featuring: Jonathan Butcher, Will Skillman Fellow...

This is a podcast version of a live webinar held on December 13, 2023. The webinar was co-sponsored by the Regulatory Transparency Project & the Religious Liberties Practice Group. *** In Bella Health and Wellness v. Weiser, a Colorado faith-based healthcare provider is challenging a recent Colorado law banning a treatment commonly known as abortion pill reversal on the grounds it forced them to violate their religious beliefs. The law, passed in April 2023, makes it illegal for...

Moderated by Brent Skorup, experts Timothy B. Lee, Professor Pamela Samuelson, and Kristian Stout discuss the emerging legal issues involving artificial intelligence, and its use of works protected under copyright law. Topics include how artificial intelligence uses intellectual property, whether allegations of violations of intellectual property are analogous to prior historical challenges or are novel, and the tradeoffs involved. Featuring: Timothy B. Lee, Understanding AIPamela Samuelson,...

This Term, the Supreme Court will hear Loper Bright Enterprises v. Raimondo—a case concerning judicial deference to agency interpretations of ambiguous statutes. Pursuant to Chevron v. NRDC and follow-on cases, courts defer to agency interpretations of ambiguous statutes. Loper Bright offers the Court an opportunity to abandon Chevron deference entirely. But the phrasing of the Question presented in Loper Bright also presents an off-ramp for the Court, allowing it to keep Chevron’s framework...

It may surprise some to know that the government has definitive racial classifications for Americans, and it can be still further intriguing to find that the agency tasked with collecting, recording, and managing this data is the Office of Management and Budget. In this podcast, Prof. David Bernstein, author of Classified: The Untold Story of Racial Classification in America, joins us for an explanation of why this is and how we got here. Featuring: Prof. David Bernstein, University...

In September, a panel of judges on the Fifth Circuit Court of Appeals heard oral argument in Illumina v. Federal Trade Commission. Earlier this year, the Federal Trade Commission (FTC) ordered biotechnology company Illumina to unwind its $8 billion acquisition of Grail, a cancer-screening startup. This case began with a 2021 administrative complaint challenging the transaction. In September 2022, the FTC’s administrative law judge (FTC) concluded that the FTC “failed to prove its asserted...

Six months ago, we experienced bank runs and three of the four largest bank failures in U.S. history. Regulators declared there was "systemic risk" and provided bailouts for large, uninsured depositors. What is the current situation? While things seem calmer now, what are the continuing risks in the banking sector? Banks face huge mark-to-market losses on their fixed-rate assets, and serious looming problems in commercial real estate. How might banks fare in an environment of higher interest...

For the past thirty years, the Magnuson-Stevens Act (MSA) has given the National Marine Fisheries Service (NMFS), an arm of the National Oceanic and Atmospheric Association (NOAA), the authority to place third-party observers on commercial fishing boats. Those observers have largely been federally funded except in certain limited instances where the MSA provides NMFS with the power to collect fees from the regulated industry. When NMFS and the New England Fishery Management Council decided...

In May, the EPA proposed a new rule to regulate greenhouse gas emissions from new and existing power plants. This is a third attempt by the EPA to regulate these emissions. The Supreme Court struck down the Obama administration’s Clean Power Plan in West Virginia v. EPA, which was the first time the Court formally acknowledged and explicitly relied on the “major questions” doctrine. The DC Circuit had previously struck down the Trump Administration’s Affordable Clean Energy Rule and,...

On President Biden’s first day in office, he signed Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. He then signed Executive Order 14035: Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce later that year on June 25, 2021. Taken together, these orders outline what President Biden has described as an “ambitious whole-of-government equity agenda.” Executive branch agencies are now charged with...

In October 2022, President Biden issued an executive order regarding the European Union - U.S. Data Privacy Framework. The Framework allows for data flows between the EU and the U.S., and it was established after the European Court of Justice struck down a prior agreement known as the EU-U.S. Privacy Shield. The executive order addresses U.S. collection of signals intelligence, which has been a source of concern for EU regulators and privacy advocates. The executive order limits signals...

As children's lives become increasingly digital, how can we protect their safety online while weighing potential trade-offs like privacy interests and free speech? Join us for a panel discussion examining the complex legal and ethical implications of enacting age verification requirements for access to social media and adult websites. The panel will dive into regulatory and legislative proposals and efforts, the role of tech companies and educational institutions, and the technological...

Eleventh Annual Executive Branch Review Conference — EBRXI Theme: Transparency, Accountability, and the Administrative State The White House recently released much-anticipated changes to federal regulatory practices, including a new Executive Order 14094 on “Modernize Regulatory Review,” draft revisions to Circular A-4 governing regulatory impact analysis, and draft guidance on meetings with entities outside of the executive branch. The Office of Information and Regulatory Affairs (OIRA) has...

During President Obama’s second term, the U.S. Education Department began sharing studies indicating that black students were disciplined at higher rates than their white peers. These data were viewed as evidence of racial bias, and, in 2014, the Education and Justice Departments jointly published a resource package to help American schools “…promote fair and effective disciplinary practices that will make schools safe, supportive, and inclusive for all students,” (DOJ). Supporters...

Join us for an in-depth exploration into the SEC's recent lawsuit against Coinbase – a case that will no doubt influence the legal landscape of crypto asset trading and securities laws well into the future. The SEC alleges that Coinbase has operated its trading platform as an unregistered exchange, broker, and clearing agency, and further contends that Coinbase's staking-as-a-service program has been unlawfully engaged in securities offerings. On the other hand, Coinbase has challenged the...

What does it take to attract the world's most brilliant minds? In this Tech Roundup episode, Caleb Watney and Adam Thierer explore the United States’ approach towards highly skilled immigration, its impact on innovation and economic growth, and how it might be improved going forward. They begin by looking backwards, highlighting contributions from scientific refugees that led to remarkable advances such as the Manhattan Project. The conversation then delves into present-day legislative...

The debate over the electrification agenda and its implications for consumer choice and the environment remains contentious. As federal agencies like the U.S. Consumer Product Safety Commission and The Department of Energy look to regulate natural gas home appliances, many consumers have questions: where does the federal government draw authority to regulate climate? What potential health risks and price impacts loom over natural gas and electric appliances? Should consumers have the choice...

Regulatory modernization has been a topic of nationwide interest in recent months. With its recently revised Circular A-4, the federal Office of Information and Regulatory Affairs has embraced an approach that could potentially lead to a massive expansion in the regulatory state. At the same time, the Commonwealth of Virginia has been pursuing a very different approach. Governor Glenn Youngkin issued an executive order, EO 19, which strives to reduce regulatory burdens by 25% while...