A Hard Look ALR Senior Tech Editor
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A Hard Look is an administrative law podcast produced in conjunction with the Administrative Law Review at American University's Washington College of Law. On the podcast, we dive into some of the new developments shaping the current landscape of administrative law and regulatory policy and we discuss some of the ways that administrative law impacts attorneys, industries, and people.
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Above the Law? Exploring Presidential Immunity from Criminal Prosecution
On this Episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews Professor Mark Rotenberg regarding immunities provided to government officials, especially the President and Executive Branch. The conversation ranges from a history of official immunities in the United States, the distinctions between civil and criminal immunity, and rounding out with a discussion of the ongoing litigation against President Donald Trump within the D.C. Circuit.
This episode was produced by ALR Technology Editor Anthony Aviza.
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Recommended Reading:
This Episode’s Transcript
United States v. Trump Decision
Nixon v. Fitzgerald
Clinton v. Jones
Trump v. Mazars
Note: This episode was recorded before the Oral Arguments in Trump v. United States, which was rescheduled for April 25th, 2024 by the time this episode was published. -
The Real Effect of Regulatory Ambiguity
In this Episode of A Hard Look, ALR Senior Technology Editor, Bennett J. Nuss interviews Professor James Ridgway about the practical effects of an ambiguous ambiguity doctrine as promulgated by Chevron, using Veteran’s Law as a case example. This discussion ranges from a discussion of the history of Veterans Law, a critical examination of the motivators within administrative agencies which may contribute to ineffectiveness and court challenges, and theorizing about how iterative learning may improve agency rulemaking.
This episode was produced by ALR Technology Editor Anthony Aviza.
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Recommended Reading:
This Episode’s TranscriptJ.B. Rule and James Salzman, Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State.
Kent Barnett and Christopher J. Walker, Chevron
in the Circuit Courts
If a military veteran you know is in need of assistance, you can find Vet Centers for Readjustment Counseling as well as information regarding benefits at www.va.gov. -
The Brave New World of Administrative Law
On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews ABA Administrative Law and Regulatory Practice Section Chairman Adam White regarding the current state of Administrative Law in the United States and what to expect out of what is almost certain to be a groundbreaking year. The conversation ranges from the ABA’s role in the promotion of administrative law doctrines, how the political divides in administrative law may not be as clear as they once seemed, and a preview of some themes and important cases coming to a head this year.
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This episode was produced by ALR Technology
Editor, Anthony Aviza.
If you have questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu -
Loper Bright and the Future of Chevron
On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Holwell, Shuster & Goldberg Partner Daniel M. Sullivan regarding the controversial Supreme Court case Loper Bright Enterprises v. Raimondo, which has the potential to completely overhaul Administrative Law as we know it. The discussion ranges from the critiques and weaknesses of Chevron doctrine, potential constitutional problems with judicial review of agency decisions, and what administrative law may look like after this groundbreaking term.
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This episode was produced by ALR Technology Editor, Anthony Aviza.
Many thanks to ALR Editor-in-Chief Madison Gestiehr for her help in providing transcription for this episode.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
Recommended Reading:
Chevron v. NRDC
Marbury v. Madison
Amicus and Filings for Loper Bright
Transcript -
The Fall of Silicon Valley Bank
On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Professor Hilary J. Allen regarding the current status of federal banking regulation in light of the four bank failures in the United States earlier this year. The discussion ranges from the circumstances surrounding the failure of the Silicon Valley Bank, how the public’s response to
the failure may be overstated in terms of impact, the role of the FDIC in the disbursement of assets, and what the future would look like if all bank deposits were insured by the Federal Government.
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This episode was produced by ALR technology editor, Anthony Aviza.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
Recommended Reading:
FDIC: Bank Failures in Brief – 2023
Investopedia: What Happened to Silicon Valley Bank?
The Federal Reserves’ Review of Supervision and Regulation of Silicon Valley Bank
New York Times: Silicon Valley Bank Fails After Run on Deposits -
Major Questions About Major Questions Doctrine
On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Professor Daniel Cohen regarding the current rise of Major Questions Doctrine in American Jurisprudence in contrast to the perceived fall of Chevron Doctrine. The conversation goes from an interrogation of current judicial review methods for agency action, to investigating potential issues with Major Questions Doctrine, and concluding with thoughts about the future of judicial deference and the balance of powers as we know them.
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This episode was produced by ALR Technology Editor, Anthony
Aviza.
If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu
Many thanks to ALR Editor-in-Chief Madison Gestiehr and Senior Articles Editor Mehraz Rahman for their assistance in providing the transcription for this Episode.
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Recommended Reading
This Episode’s Transcript
Chevron v. Natural Recourses Defense Council
Skidmore v. Swift
Public Water Supply Co. v. DiPasquale
FDA v. Brown & Williamson Tobacco Corp.
King v. Burwell
Alabama Association of Realtors v. HHS
NFIB v. OSHA
West Virginia v. EPA
Biden v. Nebraska
Customer Reviews
Great listen
This podcast is extremely informative! A must listen for anyone working in the Admin Law space.