A Hard Look

Latest Episodes:

A Return to Orbit? A Look Into the Past, Present, & Future of Commercial Spaceflight Regulation Mar 02, 2022

Show notes

On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Caryn Schenewerk from the Relativity Space for a discussion on the evolution of commercial spaceflight regulations. This episode explores the general theory behind the development of the regulations, how modern entities like SpaceX, Virgin Galactic, and Blue Origin exist in this regulatory framework, and the challenges that face both regulatory authorities and commercial space entities for the future of regulation in the realm of commercial spaceflight.

If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at ALR-Sr-Tech-Editor@wcl.american.edu.

The Eviction Moratorium Feb 24, 2022

Show notes

On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to returning guest host (and Technology Editor of the podcast) Kübra Babaturk speak with Eric Dunn from the National Housing Law Project to discuss President Biden’s eviction moratorium and the resulting impacts from it. Mr. Dunn discusses how administrative forces crafted the policy and the impacts of it within litigation and the public health crisis at-large.

If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at ALR-Sr-Tech-Editor@wcl.american.edu.

*Transcript Forthcoming*

Executive Order 13,985 & Equity Dec 07, 2021

Show notes

On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to host Steven Valentino speak with Professor Olatunde Johnson from Columbia Law School to discuss President Biden’s Executive Order 13,985. Professor Johnson discusses how the recent events of 2020 have led to the creation of this Executive Order, the legal framework for which Executive Orders are premised, and what results we can hopefully see from the administrative review the Order calls for.

If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at ALR-Sr-Tech-Editor@wcl.american.edu.

Health and Administrative Law Series, Episode 1: HIPAA Oct 12, 2021

Show notes

A Hard Look returns for Season 3 with its inaugural episode! Season 3 host Steven Valentino and guest Kirk Nahra, Partner at WilmerHale and an adjunct professor at American University Washington College of Law and Case Western Reserve University, walk through the Health Insurance Portability and Accountability Act, or more commonly known as HIPAA. In this episode, Professor Nahra helps listeners understand the inception and development of HIPAA, as well as the Department of Health and Human Services’s regulatory approach and framework under the law. After tracing HIPAA’s history and regulatory structure, Professor Nahra then discusses the HHS notice of proposed rulemaking on access and coordinated care and how that may alter HIPAA’s current applications. We conclude with a larger discussion of the ongoing privacy debate and how HIPAA or a different national privacy law can be shaped to address the growth in collected health information.

If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at ALR-Sr-Tech-Editor@wcl.american.edu.

Prisoners' Rights Apr 16, 2021

Show notes

On this episode of the Administrative Law Review's A Hard Look, tune in to listen to Host Sarah Knarzer speak with two ALR staffers, Katie Anderson and Leah Hamilton, discuss their student comments. Katie Anderson, the incoming Senior Diversity, Equity, and Membership Editor on ALR, talks about how prisoner's ability to meaningfully access the courts may be impacted by new BOP rules and how inadequate training causes prisoners' rights to be infringed. Leah Hamilton, an incoming Senior Articles Editor on ALR, shares her research on the dire state of healthcare delivery in prisons and how its inconsistencies and shortcomings impact prisoners' health, wellbeing, and lives.

If you have any questions about this episode, the guests, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at ALR-Sr-Tech-Editor@wcl.american.edu.

Revisiting "Coronavirus and Comparative Administrative Law" Mar 19, 2021

Show notes

In July 2020, A Hard Look met with Professors Cary Coglianese and Neysun Mahboubi of the University of Pennsylvania to discuss the essay series on “Comparing Nations’ Responses to COVID-19” in The Regulatory Review. Now, nearly nine months later, the Administrative Law Review has published a special themed issue featuring expanded versions of some of the essays. To commemorate this collaboration, our guests have returned to A Hard Look once more, to discuss the new volume, as well as major developments in the course of the pandemic over the past year, and the lessons they draw for the future.

A transcript is available for this episode here.

GameStop Mar 02, 2021

Show notes

What in the world is going on with GameStop? On this episode of the Administrative Law Review's A Hard Look, tune in to listen to Professor Hilary Allen, from the Washington College of Law, explains how the situation with Robinhood, GameStop, and the stock market unfolded, and what the controversy can teach us about financial regulation.

If you have any questions about this episode, the guests, or the podcast, or if you would like to propose a topic or a guest, please email Sarah Knarzer at ALR-Sr-Tech-Editor@wcl.american.edu.

Series on Racism in Administrative Law, Part 4: Health Disparities Jan 11, 2021

Show notes

Today’s episode of A Hard Look is the fourth and last in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country.

To close our series, host Kübra Babaturk and guest Professor Renée M. Landers talk about the disparate impact that administrative policies have on healthcare, from hospital implementation to insurance and how she and others have used the public participation system of filing comments to force agencies to acknowledge their role in racial justice. Professor Landers authored “Race (and Other Vulnerabilities) in Healthcare and Administrative Law” for the Yale Journal of Regulation.

The series was inspired by the Yale Journal of Regulation’s Symposium on Racism in Administrative Law. A special “Thank You” to all of the hosts and guests that participated and to Professor Kathryn Kovacs for spearheading the Symposium and for getting this conversation started.

Series on Racism in Administrative Law, Part 3: Immigration Jan 04, 2021

Show notes

Today’s episode of A Hard Look is the third in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country.

On this episode, host Brendon and guests, Dean Kevin Johnson and Professor Carrie Rosenbaum, discuss how immigration law, administrative law, and racism have historically intersected in several major Supreme Court cases on immigration. The guests also talk about the use of critical race theory in immigration academia, some of the barriers to immigration reform, and the recent Supreme Court decision in Department of Homeland Security vs. Board of Regents of the University of California. Professor Carrie Rosenbaum authored "UnEqual Protection in Immigration Law" for the Yale Journal of Regulation.

Series on Racism in Administrative Law, Part 2: Public Processes Dec 28, 2020

Show notes

Today’s episode of A Hard Look is the second in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country.

On this episode, host Will Chavez and guests, Dean Jerry Anderson and Professor Steph Tai, talk about the intersection between environmental justice, racism, and the barriers to public participation in formal hearings and informal processes in administrative law. In addition to their own experiences and examples, the guests discuss potential solutions for addressing racism in public processes and the role that litigation plays in fighting it.

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