147 episodes

The Regulatory Transparency Project promotes a national conversation about the benefits and costs of federal, state, and local regulatory policies and explores areas for possible improvement.

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
    • 5.0, 14 Ratings

The Regulatory Transparency Project promotes a national conversation about the benefits and costs of federal, state, and local regulatory policies and explores areas for possible improvement.

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 122 – New Labor Department Rule: Taking on ESG Investment Risk to American Retirement Security

    Deep Dive 122 – New Labor Department Rule: Taking on ESG Investment Risk to American Retirement Security

    A sustained effort by activist investors to align corporate policy and investing with a progressive policy agenda could be shortchanging the retirement savings of millions of Americans. Data show that investments tied to perceived environmental, social, and governance principles, or ESG, generally offer lower yields than the S&P 500 benchmark, but activists are pushing to use trillions of dollars in pension and retirement plans to discriminate against various industries. The trend could have profound implications for public and private pensions programs and other retirement savings plans. ESG investing might also pose a challenge to the fiduciary responsibility of asset management professionals to act in the best financial interests of the people they serve, a bedrock concept in financial planning.

    The U.S. Department of Labor is preparing to ensure ESG investing does not undermine protections enshrined in the Employee Retirement Income Security Act (ERISA). A proposed rule would codify in law that asset managers must uphold their fiduciary responsibility when considering ESG investment decisions. The rule states: "It is unlawful for a fiduciary to sacrifice return or accept additional risk to promote a public policy, political, or any other nonpecuniary goal." A comment period ends on July 30.

    In this live podcast, J.W. Verret discusses the Labor Department's proposed rules and their implications for retirement security.

    Featuring:
    - Prof. J.W. Verret, Associate Professor of Law, Antonin Scalia Law School, George Mason University

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

    • 48 min
    Deep Dive 121 – Book Review: The Dubious Morality of Modern Administrative Law by Richard Epstein

    Deep Dive 121 – Book Review: The Dubious Morality of Modern Administrative Law by Richard Epstein

    Prof. Richard Epstein's The Dubious Morality of Modern Administrative Law examines how the growth of the administrative state as a result of FDR's New Deal has coincided with many different Supreme Court decisions since the 1936-37 term of the Court that legitimized the reach of different administrative agencies by giving them far more control over substantive issues through different forms of judicial deference to agency interpretation, such as Auer and Chevron deference.

    In this live podcast, Prof. Adam J. White interviews Prof. Epstein about his new book, and then Prof. Epstein fields caller questions on administrative law.

    Featuring:
    - [Moderator] Prof. Adam J. White, Assistant Professor and Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School at George Mason University
    - Prof. Richard 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.

    • 59 min
    Deep Dive 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

    Deep Dive 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

    An expert panel examines recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. How far does FTC statutory authority under 6(g) extend? Is rulemaking appropriate as a matter of policy? How has FTC rulemaking fared in the past and what guideposts should apply?

    Opening Remarks:
    -Noah Phillips, Commissioner, Federal Trade Commission

    Panel Featuring:
    -James Cooper, Associate Professor of Law and Director, Program on Economics & Privacy, Antonin Scalia Law School, George Mason University
    - William MacLeod, Partner, Kelly, Drye & Warren LLP
    - Joshua Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law School, George Mason University
    - [Moderator] Svetlana Gans, Vice President & Associate General Counsel, NCTA

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

    • 1 hr 36 min
    Deep Dive 119 – FTC Remedial Authority: Powers, Process, and Suggestions for Reform

    Deep Dive 119 – FTC Remedial Authority: Powers, Process, and Suggestions for Reform

    How does the Federal Trade Commission (FTC) calculate consumer injury and civil penalties in consumer protection matters? This live podcast will discuss the FTC’s remedial powers, process, and suggestions for reform, including how the Supreme Court’s recent ruling in Liu v. SEC and other cases may impact the FTC going forward.

    Featuring:
    - James Cooper, Associate Professor of Law and Director, Program on Economics & Privacy, Antonin Scalia Law School, George Mason University
    - Andrew Stivers, Deputy Director for Consumer Protection, Bureau of Economics, Federal Trade Commission
    - Berin Szóka, Senior Fellow, TechFreedom
    - John Villafranco, Partner, Kelly, Drye & Warren LLP
    - [Moderator] Svetlana Gans, Vice President & Associate General Counsel, NCTA

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

    • 1 hr 10 min
    Explainer 15 – Equality in Government Contracting

    Explainer 15 – Equality in Government Contracting

    In the midst of the COVID-19 pandemic, the federal government is waiving affirmative action requirements in federal construction projects. Wen Fa discusses whether state and local regulations should follow suit.

    Featuring:
    - Wen Fa, Attorney, Pacific Legal Foundation

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

    • 20 min
    Deep Dive Episode 118 – Can Patents and Bayh-Dole Fuel Innovation in the Time of COVID-19?

    Deep Dive Episode 118 – Can Patents and Bayh-Dole Fuel Innovation in the Time of COVID-19?

    • 58 min

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14 Ratings

14 Ratings

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