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    Government

    Gray Matters

    The C. Boyden Gray Center for the Administrative State, at George Mason University’s Antonin Scalia Law School, supports research and debate on the modern administrative state, and the constitutional issues surrounding it. In this podcast, we’ll discuss some of the questions being debated around modern administration — some new questions, some timeless ones. And you can also get the audio from Gray Center events.

    Listen to all episodes of Gray Matters at Ricochet.com.

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    Copyright: © The C. Boyden Gray Center for the Administrative State

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    Latest Episodes:
    Judge Williams on Administrative Law and Regulatory Policy (Memorial Symposium for Judge Stephen F. Williams) Oct 08, 2021
    Show notes

    On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Decatur House in Washington, D.C., and followed by a reception where we were all able to continue the... Source


    A Conversation with the Center’s New Co-Executive Director, Prof. Jennifer Mascott Sep 15, 2021
    Show notes

    This summer, Professor Jennifer Mascott joined the Gray Center as its new Co-Executive Director. With school back in session, and the Center’s fall programs underway, Jenn visited the podcast for a conversation with our other Co-Executive Director, Adam White. They discussed her current research interests, her recent experience in the Justice Department, and her plans for Gray Center programs... Source


    The Umpire Strikes Back: A Conversation with Ronald Cass on Judicial Discretion and the Roberts Court Jul 28, 2021
    Show notes

    In his confirmation hearing, Chief Justice John Roberts famously analogized his role to that of an umpire, “to call balls and strikes, and not to pitch or bat.” Dean Ronald Cass argues in a new paper that in three notable decisions of the U.S. Supreme Court— Kisor v. Wilkie, Department of Commerce v. New York, and Department of Homeland Security v. Regents of University of California—Roberts also... Source


    The Life of the Law: What Has Happened Since 1946? Jul 14, 2021
    Show notes

    On June 11, 1946, President Truman signed the Administrative Procedure Act (APA) into law, and it was intended to be “a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal Government,” according to its lead sponsor in the Senate. If we were to redesign the APA for today’s version of the administrative... Source


    Creation Stories: What Did the 79th Congress Mean to Accomplish? Jul 07, 2021
    Show notes

    On June 11, 1946, President Truman signed the Administrative Procedure Act (APA) into law, and it was intended to be “a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal Government,” according to its lead sponsor in the Senate. If we were to redesign the APA for today’s version of the administrative... Source


    NEPA and the Future of Clean Energy and Infrastructure May 25, 2021
    Show notes

    “Do NEPA (the National Environmental Policy Act) and other permitting requirements doom green energy and infrastructure plans?” That was the title of a recent webinar, organized by the Law & Economics Center at George Mason University’s Antonin Scalia Law School. The Gray Center’s Adam White moderated a discussion with Mario Loyola (Competitive Enterprise Institute) and Andrew Rosenberg (Union of... Source


    Rethinking Judicial Deference to Agency Expertise, with Jonathan Adler and E. Donald Elliott May 18, 2021
    Show notes

    For the last forty years, courts have been especially deferential to federal agencies’ claims of scientific expertise. And in the last year, we have seen the Supreme Court grapple repeatedly with questions of administrative decisions related to managing the Covid-19 pandemic. How much deference should courts afford agencies on scientific and technical matters? This was among the subjects discussed... Source


    Emergency Money: A Discussion on the Paycheck Protection Program with Susan Morse May 11, 2021
    Show notes

    The Paycheck Protection Program was the single largest component of the federal pandemic relief legislation passed in March of 2020. Since then, a debate has developed about the program’s speed-accuracy trade-off, exposing the challenges administrators face when they’re responsible for administering vague statutes in emergency circumstances with little or no information up front. Prof. Source


    Regulating Vaccines After Covid-19: A Conversation with Sam Halabi and Kristen Osenga May 04, 2021
    Show notes

    Amid the Covid-19 crisis, Operation Warp Speed helped to develop vaccines with astonishing speed. But even with a fast-tracked FDA process, there still remain significant questions about risk, liability, and intellectual property. These are the subjects of two new Gray Center working papers by Professors Sam Halabi of the University of Missouri and Professor Kristen Osenga of the University of... Source


    “By Executive Order,” with Andrew Rudalevige on Presidential Administration and Bureaucracy Apr 27, 2021
    Show notes

    Executive orders are not a new tool of presidential power — all presidents have used them, and some much more than others. But in recent decades they seem to have become a more significant and prominent aspect of American government. In today’s episode, Bowdoin College’s Andrew Rudalevige and the Gray Center’s Adam White describe the processes of E.O. development, with special focus on the Office... Source


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