Stay ConnectedThe 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.
Copyright: © The C. Boyden Gray Center for the Administrative State
At least five Supreme Court justices seem interested in reconsidering the current version of the “Nondelegation Doctrine.” And their recent judicial opinions have inspired waves of new scholarship for and against judicial reform. Last spring, the Gray Center invited scholars to workshop new papers on the nondelegation doctrine; now those articles are online in our Working Paper Series... Source
The Biden Administration faces immensely consequential policy choices on questions of financial regulation—from the proper regulatory standards to apply to banks for the sake of safety, soundness, and systemic risk; to cryptocurrencies; to the use of financial regulatory agencies to drive policy on non-financial issues. And as the Gamestop/Robinhood saga highlighted, new technologies can radically... Source
Throughout his presidential campaign, Joe Biden called for national reforms to police practices and civil rights. Immediately after the election, his transition team highlighted Racial Equity as one of its four policy priorities. And right after his inauguration, he signed a set of initial executive actions focused generally on discrimination. Yet at the same time, he has argued that the focus... Source
From George Washington’s administration onward, the federal government’s power over financial markets and banks has always occupied a nebulous corner of American constitutional government. Recently the Gray Center posted three new working papers exploring different aspects of financial and monetary regulation. In this podcast, Adam White chats with two of the authors: Columbia Law School’s Lev... Source
“Tech policy” is a broad and nebulous label. But from antitrust to national security to social media moderation, recent years have been filled with difficult questions about federal law and policy, and myriad proposals for major new regulatory initiatives surrounding new technologies and big tech companies. Moreover, these debates scramble familiar partisan and ideological lines. Source
Promptly after the election, President-elect Joe Biden’s official “transition” team announced that climate change would be one of the new administration’s top four policy priorities. The transition’s website listed a variety of familiar and new ways in which the Biden administration intends to grapple with this issue. And, of course, this is just one of several issues of energy and environmental... Source
Over the last four years, the Trump administration continued the longstanding framework for OIRA regulatory oversight, but it also developed new oversight tools, such as the new regulatory budgeting framework of Executive Order 13771. How will the new Biden Administration structure its own frameworks for regulatory oversight? What old and new tools will it keep? And what new innovations might it... Source
In 2008, Michael Livermore and Richard Revesz wrote Retaking Rationality, a book arguing that cost-benefit analysis of regulations should be recognized not as an anti-regulatory weapon, but rather a nonideological tool for promoting good government. Now they return with a new book, Reviving Rationality, which analyzes developments since 2008, and proposes further reforms for cost-benefit analysis... Source
Governments make rules. But governments often grant exemptions from those rules, either when the rules are written or in the ways they are enforced. And those exemptions are the subject of a new article: “ Unrules” by Cary Coglianese, Gabriel Scheffler, and Daniel Walters. Professors Coglianese and Walters are our guests today. They describe the two main categories of unrules (“dispensations” and... Source
The Supreme Court’s recent decision in Seila Law v. CFPB, and the upcoming case of Collins v. Mnuchin, return our attention to the Constitution’s allocation of powers among the President and Congress—and to the famous cases nearly a century ago when the Supreme Court tried to grapple with those issues amid the rise of the modern administrative state. As it happens, Professor Robert Post of the... Source
Our TOPPODCAST Picks 
