205 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

    • Politics
    • 5.0 • 18 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 170 – Engine of Inequality: The Fed and the Future of Wealth in America

    Deep Dive 170 – Engine of Inequality: The Fed and the Future of Wealth in America

    In her landmark book, financial services doyenne Karen Petrou explains how, despite better intentions, Federal Reserve policies have been major drivers of economic inequality in America. Beginning with 2010 policies that widened the wealth gap, the Fed more than doubled down on its errors in 2020. Petrou, however, proposes a program of politically plausible changes in Fed policies to promote greater financial equality, economic growth, and financial stability, without requiring changes in legislation. In this live podcast, former Treasury Assistant Secretary Wayne Abernathy engages in a frank discussion with Petrou about her new book, the problems she identifies in Fed policies, and how she sees her proposals rising above partisanship to achieve the goals she sets out.

    Featuring:
    - Wayne A. Abernathy, Former Assistant Secretary for Financial Institutions, U.S. Department of the Treasury
    - Karen Shaw Petrou, Managing Partner, Federal Financial Analytics, Inc.

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

    • 1 hr
    Deep Dive 169 – Courthouse Steps Oral Argument: Cedar Point Nursery v. Hassid

    Deep Dive 169 – Courthouse Steps Oral Argument: Cedar Point Nursery v. Hassid

    In Cedar Point Nursery v. Hassid, the Supreme Court will decide whether a California "Access Regulation" violates the Takings Clause of the Fifth Amendment. The Access Regulation allows union organizers to enter the private property of agricultural employers in the state for three hours per day, 120 days per year, for the purposes of soliciting employees to join the union.

    Petitioners Cedar Point Nursery and Fowler Packing Company, Inc., are California agricultural employers subject to the Access Regulation. In 2015, union organizers came onto the property of Cedar Point Nursery, a strawberry plant harvester near the Oregon border. The same year, union organizers filed an unfair labor practices charge against Fowler Packing, a citrus and table grape grower, alleging that Fowler denied access to union organizers seeking to enter their property. Petitioners contend that the Access Regulation constitutes a per se taking by appropriating an easement for the benefit of third party union organizers. Petitioners add that, because there is no mechanism for providing just compensation to Petitioners, the Access Regulation violates the Takings Clause.

    Respondents are members of the Agricultural Labor Relations Board. They argue that per se taking analysis is inappropriate because of time, place, and manner limitations contained in the Access Regulation. They urge the Court to analyze the Access Regulation under the multi-factor balancing test invoked in cases involving regulatory takings.

    In 1979, a divided California Supreme Court rejected a takings claim brought by other California growers shortly after the Access Regulation went into effect. Petitioners in this case brought this case in federal court. A divided Ninth Circuit affirmed a district court's decision rejecting Petitioners' Fifth Amendment claim, and Petitioners' petition for rehearing en banc was denied over the dissent of eight judges. The Supreme Court accepted the case in November 2020, and heard oral arguments on March 22, 2021.

    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.

    • 28 min
    Deep Dive 168 – Deepfakes: What, If Anything, Should Policymakers Do?

    Deep Dive 168 – Deepfakes: What, If Anything, Should Policymakers Do?

    "Deepfakes" are one of the latest technologies to prompt debate about online media. Using Deepfake techniques, users can make realistic-looking fake media in which people say and/or or do things they never, in fact, said or did. Although artists, documentarians, filmmakers, and many others have used Deepfakes to produce creative, and potentially life-saving, content, Deepfakes can also be used for harm, including assaults on people's dignity and political stability. The technology, like many other innovations before it, presents risks and opportunities.

    Lawmakers and academics have proposed laws to mitigate such harms. How should lawmakers approach the abusive use of Deepfakes? Can lawmakers craft legislation that limits the worst uses of Deepfakes without hampering the creation of valuable and creative Deepfake media? In this live podcast, leading experts discuss these and other questions related to this emerging technology, using Matthew Feeney's new paper on the topic, "Deepfake Laws Risk Creating More Problems Than They Solve," as a jumping-off point. (https://regproject.org/paper/deepfake-laws-risk-creating-more-problems-than-they-solve/)

    Featuring:
    - Joshua Abbott, Executive Director, Center for Law, Science and Innovation, Sandra Day O'Connor College of Law
    - Bobby Chesney, James A. Baker III Chair in the Rule of Law and World Affairs and Associate Dean for Academic Affairs, University of Texas at Austin School of Law
    - Matthew Feeney, Director, Project on Emerging Technologies, Cato Institute
    - [Moderator] Kathryn Ciano Mauler, Product Counsel, Google

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

    • 1 hr
    Deep Dive 167 – Courthouse Steps Oral Argument: United States v. Arthrex Inc.

    Deep Dive 167 – Courthouse Steps Oral Argument: United States v. Arthrex Inc.

    The U.S. Supreme Court heard oral arguments in United States v. Arthrex Inc. on March 1, 2021. This case is an important one for the office of patent judges; at issue is whether, for purposes of the Appointments Clause, administrative patent judges of the U.S. Patent and Trademark Office are "principal officers," which require presidential appointment and Senate confirmation, or "inferior officers," which do not. Also at issue is whether, if they are principal officers, the lower court properly cured any Appointments Clause defects in the current statutory scheme.

    Gregory Dolin and Dmitry Karshtedt joined us to review oral arguments, discuss the case, and offer their divergent views on the merits in a discussion moderated by Kristen Osenga.

    Featuring:
    - Gregory Dolin, Associate Professor of Law, University of Baltimore School of Law
    - Dmitry Karshtedt, Associate Professor of Law, George Washington Law School
    - [Moderator] Kristen Osenga, Austin E. Owen Research Scholar & Professor of Law, University of Richmond School of Law

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

    • 58 min
    Deep Dive 166 – The CFPB Taskforce Report on Federal Consumer Financial Law

    Deep Dive 166 – The CFPB Taskforce Report on Federal Consumer Financial Law

    Recent years have seen a dramatic shift in the way in which American consumers use and shop for financial products and make payments, especially the rapid growth of electronic payments and electronic disclosures. These developments have raised both new opportunities for consumer choice and benefits but also potential new consumer protection threats. At the same time, repeated economic and financial crises, such as the 2020 global COVID pandemic, have illuminated the tensions in the existing institutional framework and suggested a need for modernization to respond to these challenges.

    To address these challenges, in 2020 Consumer Financial Protection Bureau Director Kathleen Kraninger formed the CFPB Taskforce on Federal Consumer Financial Law to review the existing consumer financial protection framework and to recommend reforms. On January 5, 2021, the Taskforce published its two-volume report (available here). In this live podcast, Taskforce Chair Todd Zywicki joins us for an overview of the Report, its findings, and recommendations. He is accompanied by David Silberman, former Deputy Director (acting) of the CFPB and moderator Brian Johnson, also former Deputy Director of the CFPB.

    Featuring:
    - David Silberman, Lecturer on Law, Harvard Law School
    - Todd Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School
    - [Moderator] Brian Johnson, Partner, Alston & Bird LLP

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

    • 1 hr 6 min
    Deep Dive 165 – Fireside Chat on the State of the FTC with Bilal Sayyed

    Deep Dive 165 – Fireside Chat on the State of the FTC with Bilal Sayyed

    The Federalist Society's Regulatory Transparency Project and Corporations, Securities & Antitrust Practice Group were pleased to host this fireside discussion between Mr. Bilal Sayyed, most-recently Director of the Federal Trade Commission's Office of Policy Planning, and Svetlana Gans, Vice President and Associate General Counsel at NCTA and former Chief of Staff at the FTC. Their conversation covered the current state of the FTC, the challenges facing the agency, and the path ahead in the new administration.

    Featuring:
    - Bilal Sayyed, Senior Adjunct Fellow, TechFreedom; formerly Director, Federal Trade Commission Office of Policy Planning
    - [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 8 min

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