219 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

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    • 5.0 • 19 Ratings

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.

    Deep Dive 180 – Book Review: Administrative Law Theory and Fundamentals: An Integrated Approach

    Deep Dive 180 – Book Review: Administrative Law Theory and Fundamentals: An Integrated Approach

    With his new casebook, "Administrative Law Theory and Fundamentals: An Integrated Approach," Professor Ilan Wurman seeks to provide fresh thinking to the field of administrative law. In the casebook, Professor Wurman proposes a theory of administrative power that he feels explains constitutional text and structure, as well as historical and modern practice, more completely than competing accounts. He argues that there are "exclusive" powers that only Congress, the President, and the courts can respectively exercise, but also "nonexclusive" powers that can be exercised by more than one branch. With this theory of "nonexclusive powers" Professor Wurman seeks to help students and scholars of administrative law critically analyze administrative law concepts such as delegation, quasi-powers, judicial deference, agency adjudications, and the separation of powers more broadly.

    In this episode, Professor Wurman and Professor Richard Epstein discuss the new casebook and its theory of administrative power.

    Featuring:
    - Ilan Wurman, Associate Professor of Law, Sandra Day O'Connor College of Law, Arizona State University
    - [Moderator] Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law

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

    • 1 hr
    Explainer 27 – Occupational Regulations in the Beauty Industry

    Explainer 27 – Occupational Regulations in the Beauty Industry

    In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, "Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals." (https://repository.law.uic.edu/lawreview/vol54/iss1/2/)

    Featuring:
    - Daniel Greenberg, President, Advance Arkansas Institute
    - [Moderator] Anastasia P. Boden, Attorney, Economic Liberty Project, Pacific Legal Foundation

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

    • 27 min
    Explainer 26 – Land Use Restrictions and Legislative Reform

    Explainer 26 – Land Use Restrictions and Legislative Reform

    In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions.

    Featuring:
    - Braden Boucek, Director of Litigation, Southeastern Legal Foundation
    - Emily Hamilton, Senior Research Fellow, Mercatus Center, George Mason University
    - [Moderator] Kimberly Hermann, General Counsel, Southeastern Legal Foundation

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

    • 29 min
    Deep Dive 179 – Artificial Intelligence and Bias

    Deep Dive 179 – Artificial Intelligence and Bias

    It is hard to find a discussion of artificial intelligence these days that does not include concerns about Artificial Intelligence (AI) systems' potential bias against racial minorities and other identity groups. Facial recognition, lending, and bail determinations are just a few of the domains in which this issue arises. Laws are being proposed and even enacted to address these concerns. But is this problem properly understood? If it's real, do we need new laws beyond those anti-discrimination laws that already govern human decision makers, hiring exams, and the like?

    Unlike some humans, AI models don't have malevolent biases or an intention to discriminate. Are they superior to human decision-making in that sense? Nonetheless, it is well established that AI systems can have a disparate impact on various identity groups. Because AI learns by detecting correlations and other patterns in a real world dataset, are disparate impacts inevitable, short of requiring AI systems to produce proportionate results? Would prohibiting certain kinds of correlations degrade the accuracy of AI models? For example, in a bail determination system, would an AI model which learns that men are more likely to be repeat offenders produce less accurate results if it were prohibited from taking gender into account?

    Featuring:
    - Stewart A. Baker, Partner, Steptoe & Johnson LLP
    - Nicholas Weaver, Researcher, International Computer Science Institute and Lecturer, UC Berkeley
    - [Moderator] Curt Levey, President, Committee for Justice

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

    • 56 min
    Deep Dive 178 – (Un)Civil War: The Future of Conservative Antitrust

    Deep Dive 178 – (Un)Civil War: The Future of Conservative Antitrust

    On April 22, 2021, the Federalist Society's George Mason Student Chapter, the Regulatory Transparency Project, and the Global Antitrust Institute cosponsored an event featuring professors Joshua D. Wright and John Yun discussing the future of the conservative approach to antitrust law.

    Featuring:
    - Joshua D. Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law School at George Mason University
    - John Yun, Associate Professor of Law, Antonin Scalia Law School at George Mason University
    - [Introduction] Sydney Dominguez, President, The Federalist Society's George Mason Student Chapter

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

    • 1 hr 28 min
    Explainer 25 – President Biden's Memo on "Modernizing Regulatory Review"

    Explainer 25 – President Biden's Memo on "Modernizing Regulatory Review"

    Ken Davis joined the podcast to discuss why and how President Biden's memo on Modernizing Regulatory Review could significantly alter the regulatory review process.

    Featuring:
    - J. Kennerly Davis, Jr., Former Senior Attorney, Hunton Andrews Kurth LLP

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

    • 22 min

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