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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:
    Annual Supreme Court Preview: 2020–2021 Oct 29, 2020
    Show notes

    Last summer, the Supreme Court ended its year’s work with significant decisions involving administrative agencies. This new year now underway is set to include major cases involving agency structure and independence; transparency; and a host of other issues. To discuss these issues and broader themes of administrative governance, the Gray Center’s annual Supreme Court preview featured three... Source


    The Clean Air Act and the Transformation of Congress: Frank Manheim and David Schoenbrod (Congress and the Administrative State Series) Oct 28, 2020
    Show notes

    Congress’s enactment of the Clean Air Act fifty years ago was meant to change our environmental impacts — but did it change Congress, too? That is the question that Prof. Frank Manheim of George Mason University’s Schar School of Public Policy asks in his new working paper, “ Transformation of Congressional Lawmaking by the Clean Air Act of 1970 and Its Effects.” In this episode, part of the Gray... Source


    Thinking About “The Congressional Bureaucracy,” with Abbe Gluck, Jesse Cross, and Josh Chafetz (Congress and the Administrative State Series Oct 26, 2020
    Show notes

    The executive branch’s bureaucracy gets a lot of attention. But Congress’s bureaucracy gets much less—yet it is extremely important. In a new Gray Center working paper titled “ The Congressional Bureaucracy,” Professors Abbe Gluck and Jesse Cross analyze several parts of Congress’s bureaucracy—some well-known, like the Government Accountability Office, and others less so, like the Office of Law... Source


    Congress and Cost-Benefit Analysis, with Caroline Cecot and Ricky Revesz (Congress and the Administrative State Series) Oct 23, 2020
    Show notes

    We often think of modern cost-benefit analysis as being a requirement primarily of executive orders, not statutes. Needless to say, Executive Order 12291 and 12866, and other executive orders and presidential documents, are of central importance. But Congress has done much on matters of cost-benefit analysis, too, often requiring agencies to consider costs and benefits... Source


    Congressional Reform from 1981 Onward: Philip Wallach and Molly Reynolds (Congress and the Administrative State Series) Oct 21, 2020
    Show notes

    In 1994, Republicans won control of the House of Representatives for the first time in 50 years. Upon taking office, Speaker Newt Gingrich and his colleagues undertook major institutional reforms. What do those reforms tell us about conservatives’ modern views of the Constitution’s first branch of government, and how did those reforms affect Congress’s relationship to the President and... Source


    “The Decision of 1946: The Legislative Reorganization Act and the APA,” with Joseph Postell and Jeremy Rabkin (Congress and the Administrati Oct 19, 2020
    Show notes

    Administrative Law scholars think of 1946 as the year that Congress enacted the Administrative Procedure Act. But too often we neglect another major law that Congress enacted in that year: the Legislative Reorganization Act. The LRA was intended to position Congress for long-term management of the administrative state. But its proponents were disappointed to see major provisions dropped from the... Source


    Joshua Wright on “Weaponizing Antitrust” Against Tech Companies Oct 14, 2020
    Show notes

    Today’s guest is Professor Joshua Wright — a University Professor of Law at George Mason University, Director of the law school’s Global Antitrust Institute, a former FTC Commissioner, and one of the nation’s leading scholars of antitrust law and policy. Professor Wright and Jan Rybnicek recently co-authored an essay on recent calls to use antitrust law to regulate or break up “big tech” companies. Source


    After 50 Years, What Is the National Environmental Policy Act Today? Oct 08, 2020
    Show notes

    On September 24, 2020, the Gray Center co-hosted a live webinar, “After 50 Years, What Is the National Environmental Policy Act Today?” in partnership with Antonin Scalia Law School’s Society for Environmental and Energy Law. On January 1, 1970, President Nixon signed the National Environmental Policy Act (NEPA) into law. A briefly worded but powerful law, NEPA requires federal agencies to... Source


    Adam Mossoff on the Innovation Economy and the Administrative State Oct 05, 2020
    Show notes

    Today’s guest is Professor Adam Mossoff, a leading scholar of intellectual property and Co-Founder of Scalia Law’s Center for the Protection of Intellectual Property (CPIP). Three years ago, CPIP and the Gray Center co-hosted a major conference on the Patent Trial and Appeal Board (PTAB), a new regulatory body empowered to revoke companies’ patents through an administrative process instead of a... Source


    Teaching Administrative Law Outside the Classroom: Ballotpedia’s Christopher Nelson Sep 23, 2020
    Show notes

    We admit it, administrative law is a complicated subject — and, some say, a notoriously dull one. AdLaw is often a challenging subject to teach in the classroom, and even more challenging outside of it. The Gray Center is only one of several institutions that attempt to bring these issues to non-specialists. Another is Ballotpedia.org: Two years ago it created an Administrative State Project to... Source


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