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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.

    Advertise

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

    • Apple Podcasts
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    • Spotify

    Latest Episodes:
    Christopher J. Walker on Congress and the Shifting Sands in Administrative Law Oct 10, 2025
    Show notes

    Jace Lington chats with University of Michigan Law Professor Christopher J. Walker about how to reinvigorate Congress in light of the changing administrative law landscape. They discuss his recent article, Congress and the Shifting Sands in Administrative Law, and his ideas about how Congress can play a larger role in federal policymaking.
    Notes:

    • Congress and the Shifting Sands in Administrative Law, Christopher J. Walker
    • Delegation and Time, Jonathan H. Adler & Christopher J. Walker
    • Congress’s Anti-Removal Power, Aaron L. Nielson & Christopher J. Walker
    • Post-Chevron Working Group Report, Sen. Eric Schmitt (R-MO)

    Daniel Kelly on Jarkesy and the End of Political Adjudication Sep 05, 2025
    Show notes

    Jace Lington chats with former Wisconsin Supreme Court Justice Daniel Kelly about what the Constitution says regarding who may exercise the judicial power. They discuss his new Gray Center policy brief, Jarkesy and the End of Political Adjudication, and his argument that the Supreme Court should go further and hold that the Constitution requires many trials now handled by agency adjudicators to take place in the proper forum—an Article III court.
    Notes:

    • Jarkesy and the End of Political Adjudication, Daniel Kelly

    Beau Baumann on the History of Legislative Constitutionalism Sep 24, 2024
    Show notes

    Adam White and Jace Lington chat with Beau J. Baumann about his historical research into the Offices of Legislative Counsel. They discuss his forthcoming paper, Resurrecting the Trinity of Legislative Constitutionalism, and how Progressive reformers at the turn of the twentieth century built institutions to arrest congressional decline.
    Notes:
    Resurrecting the Trinity of Legislative Constitutionalism, Beau J. Baumann
    How Chief Justice Taft Wrote the Famous Myers Opinion, with Robert Post, Gray Matters


    Jennifer Mascott on the Appointments Clause and Special Counsel Jack Smith Jul 16, 2024
    Show notes

    Jace Lington chats with Jenn Mascott about Judge Aileen Cannon's decision to dismiss the classified documents case against Donald Trump. They discuss the Appointments Clause and the broader context of the debate surrounding the special counsel investigation of the former president.
    Notes:

    • Judge Aileen Cannon's decision in US v. Trump
    • Justice Thomas's concurring opinion in Trump v. US
    • Jenn Mascott's Stanford Law Review article on the Appointments Clause

    A Debate on The Right—Climate Lawsuits and Federalism: What Is the Role of State Tort Law? May 17, 2024
    Show notes

    This is a rebroadcast of a panel discussion from an event we co-hosted on May 15, 2024, with the Manhattan Institute and the Federalist Society. The panelists discuss whether state tort law is an appropriate tool for addressing climate change and the petition for certiorari in Sunoco LP, et al. v. City and County of Honolulu.
    Featured Speakers:

    • Jonathan Adler, Case Western Reserve University School of Law
    • James Copland, Senior Fellow and Director of Legal Policy, Manhattan Institute
    • Donald Kochan, Antonin Scalia Law School
    • Jennifer Mascott, C. Boyden Gray Center for the Study of the Administrative State

    Federal Preemption and Environmental Regulation May 03, 2024
    Show notes

    This is a rebroadcast of the Gray Center's Federal Preemption and Environmental Regulation Webinar. We hosted this event on April 29, 2024, to discuss the issues involved in two pending cases where energy companies have asked the U.S. Supreme Court to review whether the Clean Air Act preempts attempts by Honolulu, Hawaii, to redress certain climate change-related alleged injuries.
    Featured Speakers:

    • Jonathan Adler, Case Western Reserve University School of Law
    • Richard Epstein, New York University
    • Edmund LaCour, Solicitor General of Alabama
    • Jennifer Mascott, C. Boyden Gray Center for the Study of the Administrative State
    • Adam White, C. Boyden Gray Center for the Study of the Administrative State
    Notes:
    • Video of the Webinar

    Paul Ray's Critique of the Expertise Rationale for Chevron Deference Mar 08, 2024
    Show notes

    Adam White and Jace Lington chat with former OIRA Administrator Paul J. Ray about his new paper, “Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines.” In the paper, Mr. Ray critiques the expertise rationale for Chevron deference, arguing that agency employees can share much of the special knowledge they use to make decisions with reviewing courts.
    Notes:

    • Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines, Paul J. Ray
    • Keynote Address and Fireside Chat, October 2023, Chevron on Trial: The Supreme Court and the Future of Agency Authority and Expertise

    Equity and the Administrative State Mar 01, 2024
    Show notes

    The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State.
    This episode of Gray Matters is a panel discussion from February 23, 2024, about affirmative action and other ways regulators pursue equity through the administrative state featuring Ming Chen, Jesse Merriam, and Bijal Shah, moderated by Kmele Foster.
    Notes:
    Video of the Webinar


    Racial Classifications and Democratic Institutions Feb 23, 2024
    Show notes

    The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State.
    This episode of Gray Matters is a panel discussion about the use of racial classifications to make public policy and how race has affected the character of American institutions featuring David Bernstein, Jonathan Berry, and Joy Milligan, moderated by Renée Landers.
    Notes:

    • Watch a video of the discussion

    Disney v. Democracy Feb 16, 2024
    Show notes

    Jace Lington chats with Scalia Law Professor Donald J. Kochan about Florida and Disney. They discuss his recent paper applying public choice theory to Florida’s Reedy Creek Improvement Act of 1967 and why the special treatment Disney received from the state is not a good model for state and local regulation.
    Notes:

    • Disney v. Democracy? A Public Choice and Good Governance Analysis of Florida’s Reedy Creek Improvement Act of 1967 and Its Resulting Regime, Donald J. Kochan

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