118 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 Lunch 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

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 Lunch Podcast, leading experts discuss the pros and cons of government regulations and explain how they affect everyday life for Americans.

    Deep Dive 98 –Regulatory Reforms and the COVID Pandemic

    Deep Dive 98 –Regulatory Reforms and the COVID Pandemic

    Governments at all levels are figuring out how to make sure sick people are treated and that coronavirus doesn’t spread. Some experts are now drawing attention to possible regulatory reforms, as early reports suggested that federal agencies may have prevented private testing for COVID-19 before slowly issuing approval.

    Others are calling for state-level reforms, such as changes to occupational licensing requirements. Existing occupational licensing laws arguably restrict medical professionals, including nurses and pharmacists, from practicing to the full scope of their training by limiting what duties they can take on and making nurses practice under doctor supervision. Licenses rarely transfer across state lines. This means that qualified doctors in one state cannot practice in other states, severely restricting their ability to provide telehealth services to potential patients. Advocates posit that these doctors should be allowed to prioritize the most pressing cases on telehealth. Many states have implemented emergency reforms regarding these issues to help prevent physician burnout and make sure medical professionals can focus their energies where needed.

    Municipal-level reforms are also being discussed as vital to avoid penalizing residents for acting responsibly. In many localities, working from home requires the worker to overcome regulatory requirements. Some view this as generally unwise but are now drawing even greater attention to the topic because Americans are being urged to stay inside.

    Further, while some regulations like parking limits make perfect sense in normal times, is suspending such rules worth considering in the current environment? This episode will discuss these issues and more.

    Featuring:
    - David Hyman, Scott K. Ginsburg Professor of Health Law & Policy, Georgetown University
    - Roger Klein, Faculty Fellow, Center for Law, Science & Innovation, Sandra Day O'Connor College of Law
    - Shoshana Weissmann, Senior Manager of Digital Media and Fellow, R Street Institute

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

    • 58 min
    Tech Roundup 8 – The Future of Facial Recognition

    Tech Roundup 8 – The Future of Facial Recognition

    In this episode, Matthew Feeney hosts a discussion with Ashkhen Kazaryan and Caleb Watney on the approach regulators might take to the brave new world of facial recognition technology.

    Featuring:
    - Ashkhen Kazryan, Director of Civil Liberties, TechFreedom
    - Caleb Watney, Fellow, Technology and Innovation, R Street Institute
    - [Moderator] Matthew Feeney, Director, Project on Emerging Technologies, Cato Institute

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

    Additional Resources:
    - Brookings Institution: https://www.brookings.edu/blog/techtank/2019/06/20/what-are-the-proper-limits-on-police-use-of-facial-recognition/
    - Cato Institute: https://www.cato.org/blog/should-police-facial-recognition-be-banned
    - Tech Policy Corner: https://techpolicycorner.org/creeped-out-congress-grills-fbi-on-facial-recognition-tech-37a1123f48f8

    • 32 min
    Deep Dive 97 – Certificate of Need Laws and Healthcare Access

    Deep Dive 97 – Certificate of Need Laws and Healthcare Access

    38 states have certificate of need (CON) laws which make it illegal for healthcare providers to offer healthcare services to patients without first getting government permission. Defenders of CON laws assert that they are needed to control healthcare costs. However, these anti-competitive laws may violate a host of constitutional provisions, including state anti-monopoly clauses. Many courts have observed that CON laws are in fact anti-competitive but despite legal challenges, a majority of states have CON laws on the books today.

    This episode discusses recent and current state CON law litigation, including the pending Singh v. North Carolina Dept of Health & Human Services matter.


    Featuring:
    - Christina Sandefur, Executive Vice President, Goldwater Institute
    - Josh Windham, Attorney, Institute for Justice

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

    • 52 min
    Deep Dive 96 – New York’s “Rent Stabilization” Law

    Deep Dive 96 – New York’s “Rent Stabilization” Law

    Does New York’s “rent stabilization” law violate the federal Constitution? The law, which regulates approximately 1 million apartments in New York City, was enacted more than fifty years ago and remains in effect based on an every-three-year declaration of a housing “emergency.” The law does not merely regulate rent levels, it also limits a property owner’s right to determine who uses an apartment, to convert the property to new uses, and to occupy the property for use by the owner and his or her family.

    A lawsuit filed last year asserts that the New York law—including 2019 amendments that significantly increased the restrictions on property owners—violates due process and effects both physical and regulatory takings of the property that it regulates. New York City, New York State, and tenant advocacy groups have moved to dismiss the action.

    Rent control is not just a New York phenomenon. Other cities across the country have enacted, or are considering, rent regulation legislation. Andrew Pincus, lead counsel for the plaintiffs, and Prof. Richard Epstein, of New York University School of Law, will discuss the constitutional challenge in the context of the Supreme Court’s evolving property rights jurisprudence.

    Featuring:
    - Prof. Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law
    - Andrew Pincus, Partner, Mayer Brown LLP

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

    • 56 min
    Explainer 12 – A Recipe for A Better World: Nine Parts Innovation, One Part Regulation

    Explainer 12 – A Recipe for A Better World: Nine Parts Innovation, One Part Regulation

    In this Explainer episode, Jeff Stier tells the innovative story of Impossible Burger, a company that developed leghemoglobin to mimic the taste of meat in non-meat-based products. Instead of rushing to regulate this new development, FDA took a hands-off approach, allowing the company to bring a beneficial, and widely recognized as safe, product to market. Jeff argues that innovation, rather than heavy-handed regulation, ought to be the primary way of reducing harm.

    Featuring:
    - Jeff Stier, Senior Fellow, Consumer Choice Center and Taxpayers Protection Alliance

    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 95 – Update on FISA Reauthorization and Reform

    Deep Dive 95 – Update on FISA Reauthorization and Reform

    On March 15, 2020, certain authorities under the Foreign Intelligence Surveillance Act (FISA) will expire absent renewal by Congress. The authorities set to expire fall into three categories: 1) the business records provision (often referred to as Section 215) that allows for collection of call detail records, among other things; 2) roving wiretaps; and 3) the lone wolf provision. On March 11, the House passed a compromise bill that the Senate will soon consider. However, several Republican Senators have already urged President Trump to veto the reauthorization bill, should it pass both chambers.

    This decision point comes at a time of heightened scrutiny, given the recent Department of Justice Inspector General report addressing the FBI's use of FISA while investigating the 2016 presidential election and a Foreign Intelligence Surveillance Court of Review order expressing "serious concerns about the accuracy and completeness" of the FBI's FISA applications in that case. Please join us for a timely discussion of the mechanics and processes of FISA, recent controversies, and issues Congress will consider as it determines whether and how to renew these key provisions.

    Featuring:
    - Ashley Baker, Director of Public Policy, Committee for Justice
    - Nathan Leamer, Vice President of Public Affairs, Targeted Victory

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

    • 45 min

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