44 episodes

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.

A Hard Look ALR Senior Tech Editor

    • Education
    • 5.0 • 5 Ratings

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.

    Above the Law? Exploring Presidential Immunity from Criminal Prosecution

    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.

    • 1 hr 2 min
    The Real Effect of Regulatory Ambiguity

    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.

    • 49 min
    The Brave New World of Administrative Law

    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

    • 55 min
    Loper Bright and the Future of Chevron

    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

    • 54 min
    The Fall of Silicon Valley Bank

    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

    • 32 min
    Major Questions About Major Questions Doctrine

    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.

    ---

    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.

    ---

    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

    • 53 min

Customer Reviews

5.0 out of 5
5 Ratings

5 Ratings

sknarzerr ,

Great listen

This podcast is extremely informative! A must listen for anyone working in the Admin Law space.

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