RTP's Fourth Branch Podcast

The Federalist Society
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RTP's Fourth Branch Podcast

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.

  1. 12월 18일

    Explainer Episode 82 - Is Gender Dysphoria a Protected Disability?

    In this episode, Rachel Morrison from the Ethics and Public Policy Center and Gregory Baylor from Alliance Defending Freedom discuss recent court and agency decisions. These experts discuss whether “gender dysphoria” is a “disability” under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Featuring: Gregory S. Baylor, Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom Rachel Morrison (Moderator), Fellow, Ethics and Public Policy Center

    49분

  2. 12월 16일

    Explainer Episode 81 - State AG Litigation Against Federal Agencies: A Kansas Perspective

    State Attorneys General have been active in recent years in filing lawsuits against federal agencies. From cases like West Virginia v. EPA to Biden v. Nebraska, state AG lawsuits have prevented significant overreach by federal agencies. In the past year, the Office of the Kansas Attorney General has been one of the most active in this space. Abhishek Kambli and Erin Gaide from the Kansas AG's office discuss the litigation that their office has done this past year. They have filed lawsuits in cases such as Kansas v. Biden (later retitled Alaska v. Department of Education) that challenged the $475 billion student loan forgiveness plan called "SAVE" and Kansas v. Department of Education that challenged the new Title IX regulation that expanded the definition of sex to include gender identity. Abhishek Kambli and Erin Gaide discuss these and other cases in depth to provide a window into this unique type of litigation. Featuring: Abhishek Kambli, Deputy Attorney General, Kansas Office of the Attorney General Erin Gaide, Assistant Attorney General, Kansas Office of the Attorney General

    32분

  3. 12월 16일

    Deep Dive 302: Is FTC Administrative Litigation Constitutional?

    Axon and Jarkesy have renewed scrutiny of the constitutionality and fairness of FTC’s administrative litigation. For example, the President cannot remove Administrative Law Judges nor FTC Commissioners, and FTC Commissioners both vote to issue the complaint and decide its merits in proceedings. Parties before the DOJ-Antitrust Division, on the other hand, go directly before an Article III judge, and avoid administrative litigation altogether. This panel, featuring the former FTC Acting Chairman, Commission advisors, and administrative law experts, discussed these and other constitutional challenges to FTC’s administrative litigation. If the courts ultimately uphold constitutionality, is Congressional reform warranted? Should FTC’s administrative tribunal be abolished altogether? Or are internal process reforms sufficient to afford fairer process? Keith Klovers' article, "Three Options for Reforming Part 3 Administrative Litigation at the Federal Trade Commission," as referenced in the discussion.

    1시간 1분

  4. 12월 10일

    Immigration Enforcement, Business Compliance, and the Equal Access to Justice Act

    In this episode, Randel K. Johnson and Andrew Kilberg discuss the often ephemeral nature of the Rule of Law in immigration and other enforcement proceedings, with a particular focus on the challenges faced by small businesses when confronted with a heavy-handed bureaucracy and the practical difficulties of obtaining judicial review. The experts also examine the Equal Access to Justice Act (EAJA), considering potential legislative reforms to improve the ability of small entities to vindicate their rights before agencies and the courts while improving enforcement and maintaining accountability in regulatory matters. Featuring: Randel Keith Johnson, Immigration Academic Fellow, Cornell Law School Andrew Kilberg, Partner, Gibson Dunn

    31분

  5. 11월 16일

    Explainer Episode 79- Don't Chase Rabbit Trails: The SEC Now and in the Next Administration

    In this episode, financial experts look back on recent SEC regulation, enforcement, and litigation, as well as their predictions for the next SEC leadership under a second Trump administration. C. Wallace DeWitt, Securities lawyer Brian Knight, Director of Innovation and Governance and Senior Research Fellow, Mercatus Center at George Mason University Jennifer Schulp, Director of Financial Regulation Studies, Cato Institute’s Center for Monetary and Financial Alternatives

    52분

  6. 11월 13일

    Deep Dive 301 - Exploring Tradeoffs: The Nexus Between Antitrust and Security

    Antitrust efforts have become prevalent in the courts and legislative bodies, both in the United States and abroad. A recent example is the U.S. Department of Justice's case against Google for alleged anticompetitive behavior in its search business. Though cybersecurity and national security concerns are traditionally not included in antitrust efforts, the implications of such priorities should be carefully considered. Join a panel of leading security and antitrust experts for a discussion on recent antitrust actions, how security is directly and indirectly implicated, and considerations for the future.

    1시간

  7. 11월 5일

    Explainer Episode 78 - An Overview of Electric Industry Regulation

    J. Kennerly Davis presents an overview of electric industry regulation. Davis discusses how regulation has changed in a fundamental way over the last 140 years, and what that change has meant for electric customers large and small.

    55분

  8. 11월 5일

    Deep Dive 300 - A Debate on Separation of Powers: Was SEC v. Jarkesy Rightly Decided?

    The Regulatory Transparency Project and the Federalism & Separation of Powers practice group hosted a virtual debate over the recent Supreme Court decision in SEC v. Jarkesy. The panel featured Matthew Wiener, from Penn Carey Law, and Josh Robbins, of the Pacific Legal Foundation. Michael Buschbacher, from Boyden & Gray PLLC, moderated the debate.

    1시간
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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.

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