A Hard Look

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Series on Racism in Administrative Law, Part 1: The System Dec 21, 2020

Show notes

Today's episode of A Hard Look is the first 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 Sarah Knarzer and guests, Professor Bernard Bell and Professor Bijal Shah, talk the inspiration behind this series and take a broad look at the system that allows and protects racist influences. The guests also discuss a few prominent examples of racism in Administrative Law and some steps for professors, practitioners, and leaders can take to address this racism and reform the system.

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.

Celebrating 30 Years of the ADA Dec 14, 2020

Show notes

On today’s episode of the Administrative Law Review‘s A Hard Look, Robyn Schowengerdt, who is ALR's Editor for Online Publications, takes over for Sarah Knarzer for a conversation with GMU Disability Law Professor Brandy Wagstaff and Acting Dean of the Washington College of Law, Professor, and Clinic Director, Bob Dinerstein. Robyn and the guests talk about fight it took to get to the ADA and all that the ADA has accomplished in the last three decades. Professor Wagstaff and Dean Dinerstein also discuss the ways that the pandemic may influence disability accommodations, how they found their place in the Disability Law space, and what it is like to practice and teach Disability Law.

Please check out the AU WCL's Disability Rights Clinic, "Lives Worth Living: the Great Fight for Disability Rights," a film by Eric Neudel, and Professor Wagstaff's article "The ADA, Telework, and the Post-Pandemic Workplace" in the Regulatory Review.

The Wild World of Exotic Pets Dec 07, 2020

Show notes

On today’s episode of the Administrative Law Review's A Hard Look, Judge Scott Maravilla, joins host, Sarah Knarzer, and educator, YouTuber, and exotic animal conservationist Marita De La Pena to discuss the world of exotic pets and the regulations that govern it. Though a niche and often overlooked hobby, the keeping of exotic pets has a vast and sometimes confusing regulatory landscape. The guests talk about their own experiences with keeping exotic pets, how they have navigated the rules, and what they wish to see from future regulations.

Please check out Marita De La Pena's Youtube Page, Deadly Tarantula Girl for her videos and information.

The Struggle for Tribal Recognition and the Case of the Mashpee Wampanoag Nov 30, 2020

Show notes

On today's episode of A Hard Look, a Junior Staffer on ALR, Olivia Miller, joins host, Sarah Knarzer, and Professor Matthew Fletcher to discuss the tribal recognition process and the barriers it poses to tribes across the United States, and in particular the Mashpee Wampanoag tribe. Earlier this year, and in the middle of a surging coronavirus pandemic, the Bureau of Indian Affairs announced its intention to revoke the Mashpee Wampanoag's land from its federal trust. This action is only a continuation of the Mashpee Wampanoag's four hundred year struggle for tribal survival, dating back to the origins of the Thanksgiving myth. Olivia and Professor Fletcher discuss Olivia's comment, which she wrote as part of ALR's comment writing process, to identify why the tribal recognition process is such a difficult, expensive, and frustrating administrative process for tribes who want and need to be federally recognized.

Please check out Professor Fletchers blog, https://turtletalk.blog, for more of his scholarship on Indian Law. 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.

The Rundown on TikTok Nov 08, 2020

Show notes

In recent years, there have been several criticisms of social media applications, but two social media applications, in particular, have landed themselves in hot water with President Trump: TikTok and WeChat. Over the last few months, executive orders have been implemented, lawsuits filed, and tensions between the United States and China have heightened. What role does regulation have to play? Where does CFIUS come in? Will TikTok continue to operate in the United States? On this episode of the Administrative Law Review's A Hard Look, tune in to listen to Fatema Merchant and Reid Whitten, from Sheppard, Mullin, Richter & Hampton, explain the TikTok and WeChat controversy and hypothesize about where it goes from here.

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.

Excerpts from ALR's Fall Symposium: Election Oversight Nov 02, 2020

Show notes

This special episode of A Hard Look features excerpts from the Administrative Law Review's Fall Symposium on Special Topics in Election Oversight. The symposium was hosted on Friday, October 23rd and Saturday, October 24th, over zoom and featured five panels on Mail In Ballots and Foreign Interference. Ryan Scheidt, who is ALR’s Senior Symposium Editor, organized the event and Professor Louis Caldera at American University Washington College of Law moderated the five panels. Please visit administrativelawreview.org and click on our Symposium page for links to the recordings.

Thank you to all the guests: State Senator Tom Umberg, State Senator Creigh Deeds, State Senator Jen Jordan, Congressman Jamie Raskin, Judd Choate, Matthew Sanderson, Pooja Chaudhuri , Mark Brewer, Jasmeet Ahuja, OJ Seamans Sr., Theodore Wilhite, Ravi Doshi, Mark Lancaster, David Wheeler, Jack Young, T.S. Allen, Congressman Ted Lieu, and FEC Commissioner Ellen Weintraub. Also thank you to Professor Louis Caldera for moderating and to WCL for assisting in organizing the event.

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.

Reviewing "Reorganizing Government: A Functional and Dimensional Framework" Oct 20, 2020

Show notes

Professor Robert Glicksman and Professor Alex Camacho join your host, Sarah Knarzer, for a conversation about their book "Reorganizing Government: A Functional and Dimensional Framework." "Reorganizing Government" explains how past approaches have failed to take advantage of diverse alternative approaches to organizing governmental authority and proposes an analytical framework of governmental authority through the use of several unique case studies. In addition to their book, the guests tell the Administrative Law Review how they met, future projects, and the concrete reforms they hope will result from their work.

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. We would also like to thank Derek Ross from the Office of Technology at the Washington College of Law for his assistance in editing this episode.

Alcohol Regulation Oct 20, 2020

Show notes

On this episode of the Administrative Law Review's podcast, A Hard Look, Richard Blau joins your host, Sarah Knarzer, for a conversation on state alcohol regulation. As a surprisingly robust area of practice, state alcohol regulation touches many aspects of our lives and can vary widely from state to state. Mr. Blau walks our listeners through the history, policies, case law, fun facts, and emerging trends in state alcohol regulation, and finishes the episode off by discussing the impact Covid-19 may forever leave on the alcohol industry.

Coronavirus and Comparative Administrative Law Jul 17, 2020

Show notes

Even in its earliest stages, coronavirus has impacted the world in a way that was unpredictable and devastating. To manage the consequences of this very deadly pandemic, every country has implemented their own unique strategy with various degrees of success. What has worked? What hasn’t worked? What are the lessons to be learned from this virus and what are the next steps? From the University of Pennsylvania, Professor Cary Coglianese and Neysun Mahboubi join your host, Sarah Knarzer, on a special episode to discuss the different regulatory responses from around the world, as discussed in an essay series on “Comparing Nations’ Responses to COVID-19” in The Regulatory Review, that our guests helped to curate.

The Administrative Law Review will publish a special themed issued, featuring expanded versions of a selection of these essays, in March 2021.

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.

Inferior Officers v. Employees Mar 29, 2020

Show notes

Despite its limited scope, the Supreme Court's decision in Lucia v. SEC has stirred debate over its potentially far reaching ramifications. Judge Scott Maravilla of the Federal Aviation Administration sat down with the Administrative Law Review to discuss the Court's ruling, and what it might mean under the Alternative Dispute Resolution Act.

The Administrative Law Review: www.administrativelawreview.org

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.

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