177 episodes

The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.

On RTP’s Fourth Branch Podcast, leading experts discuss the pros and cons of government regulations and explain how they affect everyday life for Americans.

RTP's Fourth Branch Podcast The Federalist Society

    • Politics

The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.

On RTP’s Fourth Branch Podcast, leading experts discuss the pros and cons of government regulations and explain how they affect everyday life for Americans.

    Explainer 19 – The Burden of Proof in Competition Law

    Explainer 19 – The Burden of Proof in Competition Law

    The House Committee on the Judiciary recently released a report on the state of competition in the digital marketplace. The report, which was the result of a 16-month-long investigation, describes itself as "an attack on how America has approached antitrust for the past 40 years."

    One of the recommendations in the report involves shifting the evidentiary burden of proof from the plaintiff to the defendant, particularly in civil mergers challenges, which would entail a significant change to antitrust law.

    In this episode, Ashley Baker lays out the current burden of proof framework used in U.S. courts in competition law cases, the role of presumptions in antitrust litigation, and the potential implications of the burden shift proposed in the report.

    Featuring:
    - Ashley Baker, Director of Public Policy, Committee for Justice

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 16 min
    Deep Dive 147 – The State of State Data Privacy Laws Post-2020 Election

    Deep Dive 147 – The State of State Data Privacy Laws Post-2020 Election

    In the absence of federal data privacy legislation, some states have acted to pass their own laws on the topic. Notably, California voted in favor of Prop 24 placing additional requirements on the CCPA and in favor of stringent consumer privacy requirements. In other cases, such as Michigan, states have established warrant requirements to protect consumer electronic data and citizens' privacy from the government. This expert panel discusses what state data privacy actions mean for the debates surrounding data privacy as well as what might be anticipated in the next sessions of Congress and state legislatures.

    Featuring:
    - Jennifer Huddleston, Director of Technology & Innovation Policy, American Action Forum
    - Joseph Jerome, Multistate Policy Director, Common Sense Media
    - [Moderator] Matthew Heiman, General Counsel & Corporate Secretary, Waystar Health; Senior Fellow and Director of Planning, National Security Institute

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 57 min
    Deep Dive 146 – Fireside Chat with FTC Commissioner Noah Phillips

    Deep Dive 146 – Fireside Chat with FTC Commissioner Noah Phillips

    The House Judiciary Committee’s Antitrust Subcommittee recently released findings of a 16-month investigation into competition in the digital economy. The 449-page staff report, “Investigation of Competition in the Digital Marketplace: Majority Staff Report and Recommendations”, proposes sweeping changes to U.S. antitrust laws and enforcement that could have far-reaching effects throughout the economy.

    This live podcast featuring FTC Commissioner Noah Phillips, Svetlana Gans, and Koren Wong-Ervin features an insightful look at the report, its findings, and its potential ramifications.

    Featuring:
    - Svetlana Gans, Vice President & Associate General Counsel, NCTA
    - Hon. Noah Phillips, Commissioner, Federal Trade Commission
    - Koren Wong-Ervin, Partner, Axinn, Veltrop & Harkrider LLP

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 59 min
    Explainer 18 – Driverless Cars: Balancing Safety and Innovation

    Explainer 18 – Driverless Cars: Balancing Safety and Innovation

    In this episode, Ian Adams lays out the current state of driverless car technology, discusses its implications for the disabled community, and breaks down the decisions federal and state policymakers are facing when it comes to regulating the technology.

    Featuring:
    - Ian Adams, Executive Director, International Center for Law & Economics

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 17 min
    Deep Dive 145 – The True Extent of Executive Power

    Deep Dive 145 – The True Extent of Executive Power

    On October 20, 2020, the Federalist Society's Georgetown Law Student Chapter and the Regulatory Transparency Project hosted John C. Yoo and Saikrishna B. Prakash for an online discussion on the extent of executive power.

    In his new book, "Defender in Chief," Yoo argues that President Trump – despite his populism – has become more often the defender rather than the opponent of the original Constitution. In "The Living Presidency," Prakash counters that Trump, like many modern presidents, has violated the Constitution's grant of executive power.

    Featuring:
    - Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law
    - John C. Yoo, Emanuel S. Heller Professor of Law; Co-Faculty Director, Korea Law Center; and Director, Public Law & Policy Program, UC Berkeley School of Law

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 59 min
    Deep Dive 144 – United States v. Google: Examining the Historic Antitrust Case Against Big Tech

    Deep Dive 144 – United States v. Google: Examining the Historic Antitrust Case Against Big Tech

    On October 20, 2020, the Department of Justice (DOJ) filed its much-anticipated lawsuit against Google. The case is the most high-profile antitrust challenge since the Microsoft case more than 20 years ago. The Justice Department has alleged that Google monopolized the search and search advertising markets, inhibiting rivals such as Bing, DuckDuckGo, and Yahoo from succeeding and thereby ultimately harming competition and consumers. This distinguished panel debated the merits of the DOJ's antitrust claims, discussed the potential parallels to the Microsoft action, and opined on the government's likelihood of success at trial.

    Featuring:
    - Geoffrey A. Manne, President and Founder, International Center for Law & Economics
    - A. Douglas Melamed, Professor of the Practice of Law, Stanford Law School
    - Christopher L. Sagers, James A. Thomas Distinguished Professor of Law, Cleveland-Marshall College of Law
    - [Moderator] Brianna S. Hills, Associate, Boies Schiller Flexner LLP

    Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

    • 1 hr

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