146 episodes

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 Gray Center events.

Gray Matters The C. Boyden Gray Center for the Administrative State

    • Government

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 Gray Center events.

    A Debate on The Right—Climate Lawsuits and Federalism: What Is the Role of State Tort Law?

    A Debate on The Right—Climate Lawsuits and Federalism: What Is the Role of State Tort Law?

    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

    • 1 hr 8 min
    Federal Preemption and Environmental Regulation

    Federal Preemption and Environmental Regulation

    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

    • 1 hr 26 min
    Paul Ray's Critique of the Expertise Rationale for Chevron Deference

    Paul Ray's Critique of the Expertise Rationale for Chevron Deference

    Adam White and Jace Lington chat with former OIRA Administrator Paul J. Ray about his new paper, “Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines.” In the paper, Mr. Ray critiques the expertise rationale for Chevron deference, arguing that agency employees can share much of the special knowledge they use to make decisions with reviewing courts. 

    Notes:
    Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines, Paul J. Ray Keynote Address and Fireside Chat, October 2023, Chevron on Trial: The Supreme Court and the Future of Agency Authority and Expertise 

    • 47 min
    Equity and the Administrative State

    Equity and the Administrative State

    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

    • 1 hr 29 min
    Racial Classifications and Democratic Institutions

    Racial Classifications and Democratic Institutions

    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

    • 1 hr 31 min
    Disney v. Democracy

    Disney v. Democracy

    Jace Lington chats with Scalia Law Professor Donald J. Kochan about Florida and Disney. They discuss his recent paper applying public choice theory to Florida’s Reedy Creek Improvement Act of 1967 and why the special treatment Disney received from the state is not a good model for state and local regulation.

    Notes:
    Disney v. Democracy? A Public Choice and Good Governance Analysis of Florida’s Reedy Creek Improvement Act of 1967 and Its Resulting Regime, Donald J. Kochan

    • 58 min

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