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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

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    Latest Episodes:
    Chevron on Trial Panel 2: Is Chevron Inevitable? What Should Replace It? Nov 07, 2023
    Show notes

    The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Lisa Schultz Bressman, John F. Duffy, and Daniel E. Walters about the Loper Bright case and whether some form of judicial deference is unavoidable in administrative law, moderated by Judge David J. Porter of the U.S. Court of Appeals for the Third Circuit.
    Notes:

    • Video of the panel discussion from the conference


    Chevron on Trial Panel 1: Loper Bright Enterprises v. Raimondo Oct 31, 2023
    Show notes

    The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Kent Barnett, Christopher J. Walker, and Thomas W. Merril about the Loper Bright case and the future of Chevron deference, moderated by Judge Paul B. Matey of the U.S. Court of Appeals for the Third Circuit.
    Notes:

    • Video of the panel discussion from the conference


    SCOTUS Preview Part 2 with Josh Chafetz and Noah Rosenblum Oct 18, 2023
    Show notes

    Adam White and Jace Lington talk with Josh Chafetz and Noah Rosenblum about some of the big administrative law cases pending before the U.S. Supreme Court. They discuss the state of the Court, where things might be headed next, and problems with conservative critiques of the Administrative State.
    Notes:

    • Noah Rosenblum, What We Talk About When We Talk About the Rule of Law in the Administrative State, New York University Journal of Law & Liberty, Vol. 16, No. 3 (2023)
    • Josh Chafetz, The New Judicial Power Grab, St. Louis University Law Journal, Vol. 67 (2023)
    • CFPB v. CFAS, Brief of Professors of History and Constitutional Law as Amici Curiae (2023)
    • Beau J. Baumann, Americana Administrative Law, Georgetown Law Journal, Vol. 111 (2023)
    • Nikolas Bowie & Daphna Renan, The Separation-of-Powers Counterrevolution, Vol. 131, No. 7 (2022)
    • Ashraf Ahmed, Lev Menand, Noah Rosenblum, The Tragedy of Presidential Administration, Gray Center Working Paper, 2021
    • Josh Chafetz, Congress’s Constitution (2019)
    • Leah Litman, Debunking Antinovelty, Duke Law Journal, Vol. 66, No. 7 (2017)
    • Kent Barnett & Christopher J. Walker, Chevron in the Circuit Courts, Michigan Law Review, Vol. 116, No. 1 (2017)
    • Daniel R. Ernst, Tocqueville’s Nightmare, Oxford University Press (2014)
    • Richard E. Neustadt, Presidential Power and the Modern Presidents (1991)


    SCOTUS Preview Part 1 with Richard Epstein and Allyson Ho Oct 10, 2023
    Show notes

    Adam White talks with NYU Law Professor Richard Epstein and Gibson Dunn Partner Allyson Ho about the upcoming Supreme Court term. They discuss the recent oral argument in the CFPB funding case, the major questions doctrine, how the court should approach revisiting Chevron deference in the upcoming Loper Brightcase, and the adjudication system in the U.S. Patent and Trademark Office.


    "Why Congress" with Philip Wallach Jun 29, 2023
    Show notes

    Jace Lington talks with AEI’s Philip Wallach about his new book, Why Congress. They discuss what makes Congress central to the American system of representative government and reasons we should look to Congress as the best place to resolve the most contentious issues of our day.
    Notes:

    • Why Congress, Oxford University Press, 2023
    • The Revolution That Wasn’t: Conservatives Against Congress, 1981-2018, Gray Center Working Paper 20-22
    • Incompletely Theorized Agreements in Constitutional Law, Cass Sunstein, 2007


    Rethinking Civil Service Management with James-Christian Blockwood Jun 09, 2023
    Show notes

    Adam White and Jace Lington talk with James-Christian Blockwood about his recent Government Executive article on civil service reform. They discuss current proposals to make more civil servants removable at will as well as ways to build a nonpartisan, professional federal workforce that protects the interests of the American people.
    Show Notes:

    • Let's Rethink the Management of our Civil Service, GovExec, April 28, 2023
    • Partnership for Public Service, Website
    • "You Report to Me” Gray Matters Podcast with David Bernhardt, May 10, 2023
    • “Do Public Sector Unions Make Government Unaccountable?” Gray Matters Podcast with Philip K. Howard, January 24, 2023
    • From Merit to Expertise and Back: The Evolution of the U.S. Civil Service System, Joseph Postell, Gray Center Working Paper, February 6, 2020
    • Restoring Accountability to the Executive Branch, Philip K. Howard, Gray Center Working Paper, February 6, 2020
    • Quick Actions to Improve Recruitment, Hiring, and Accountability in the Federal Workforce, Jeffrey Salmon, Gray Center Policy Brief, March 2021

    • Civil Service: Pulling In or Pushing Away, Sally Katzen, Gray Center Policy Brief, August 2020
    • Jimmy Carter and Civil Service Reform, Stuart E. Eizenstat, Gray Center Working Paper, May 22, 2019


    "You Report to Me" with David Bernhardt May 10, 2023
    Show notes

    Adam White and Jace Lington talk with former Secretary of the Interior David Bernhardt about his new book, You Report to Me: Accountability for the Failing Administrative State. In the book, Secretary Bernhardt offers his perspective on reforming the administrative state based on years of public service at the Department of Interior spanning multiple presidential administrations.
    Show Notes:
    You Report to Me: Accountability for the Failing Administrative State, Encounter Books, May 9, 2023


    Scalia's Rise May 04, 2023
    Show notes Jace Lington talks with Adam White about the new book, Scalia: Rise to Greatness, 1936–1986, by James Rosen. They discuss Scalia’s early life and career, including his family, his faith, and his work in private practice and as a lawyer and teacher. Adam highly recommends the book for anyone interested in Antonin Scalia and his contributions to our understanding of the Constitution and American institutions.
    Show Notes:
    • Scalia: Rise to Greatness, 1936–1986, James Rosen, Regnery
    • Scalia’s Rise, Adam White, Commentary
    • Teaching About the Law, Antonin Scalia, Christian Legal Society Quarterly
    • Antonin Scalia, Legal Educator, Adam White, National Affairs


    Gray Lecture: The Administrative State Debate—A View From the Secretary’s Office Apr 27, 2023
    Show notes

    Former Secretary of Labor Eugene Scalia delivers the Second Annual C. Boyden Gray Lecture on the Administrative State. Following an introduction by Boston University School of Law Dean Emeritus Ron Cass, Secretary Scalia discusses his time working at the Department of Labor and how his experience leading a cabinet agency affected the way he thinks about debates involving the administrative state.
    Show Notes:

    • Video of Panel

    Gray Lecture Panel 2: Congress’s Power of the Purse in the Modern Administrative State Apr 21, 2023
    Show notes

    Former Director of the Office of Management and Budget Mick Mulvaney and Stanford Law Professor Michael W. McConnell discuss the importance of Congress's power of the purse in constitutional government, an issue of significant importance in cases now before the Supreme Court, in a conversation with Gray Center Co-Executive Director Adam White.


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