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Lisa Heinzerling
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Here & Now Anytime
Trump wants to scrap scientific finding key to fighting climate change
The Trump administration is trying to overturn the EPA's endangerment finding, which determined that greenhouse gas emissions can be regulated under the Clean Air Act. Lisa Heinzerling, former senior climate policy counsel to the EPA administrator, joins us to discuss what this could mean for the U.S. government's efforts to fight climate change. Then, some of the homes still standing after fires tore through Southern California earlier this year are too toxic to live in. We speak with two Altadena homeowners about their experiences. And, the semicolon has been described as a "graceful pause" in writing. But this graceful...
2025-07-29
22 min
Environmental Law Explored: A Podcast SEERies
The "Relentless" Attack on Chevron-style Deference to Agencies--What's it all mean?
This new episode focuses on the recent U.S. Supreme Court decision in Loper Bright Enterprises, Inc. v. Raimondo and its impact on administrative law, moderated by Norm Dupont, Of Counsel at Aleshire & Wynder. The discussion features Professor Lisa Heinzerling of Georgetown University Law, a leading scholar in environmental and administrative law, and John Cruden, a Principal at Beveridge & Diamond and former Assistant Attorney General for the Department of Justice's Environment and Natural Resources Division. The panel examines the court’s 6-3 ruling, which overturned the long-standing Chevron doctrine, shifting the power of statutory interpretation from agencies to judges, no...
2024-09-27
48 min
Zone of Risk
Admin Law Avalanche
Robert discussed three important Supreme Court opinions handed down in late June and early July with administrative law experts Professor Harold Krent of the Chicago Kent College of Law, and Professor Lisa Heinzerling, the Justice William J. Brennen Jr. Professor of Law at Georgetown Law. Hal and Lisa explain how Loper Bright v. Raimondo, SEC v. Jarkesy, and Corner Post v. Board of Governs are likely to change the practice of administrative law.Our SponsorsThis podcast is supported by Stafi. Stafi provides trained, vetted, and experienced virtual legal assistants and...
2024-07-16
51 min
Slate Crime and Justice
Amicus Opinionpalooza: This SCOTUS Decision Is Actually Even More Devastating Than We First Thought
Administrative law may not sound sexy. And maybe that’s because it truly isn’t sexy. But it is at the very center of the biggest decisions this past Supreme Court term, and also widely misunderstood. In this week’s show, we asked Georgetown Law School’s Professor Lisa Heinzerling to come back to help hack through the thorny thicket of administrative law so we can more fully understand the ramifications of a clutch of cases handed down this term that – taken together – rearrange the whole project of modern government. The Supreme Court’s biggest power grab for a generation isn...
2024-07-13
53 min
Slate News
Amicus Opinionpalooza: This SCOTUS Decision Is Actually Even More Devastating Than We First Thought
Administrative law may not sound sexy. And maybe that’s because it truly isn’t sexy. But it is at the very center of the biggest decisions this past Supreme Court term, and also widely misunderstood. In this week’s show, we asked Georgetown Law School’s Professor Lisa Heinzerling to come back to help hack through the thorny thicket of administrative law so we can more fully understand the ramifications of a clutch of cases handed down this term that – taken together – rearrange the whole project of modern government. The Supreme Court’s biggest power grab for a generation isn...
2024-07-13
53 min
Amicus With Dahlia Lithwick | Law, justice, and the courts
Opinionpalooza: This SCOTUS Decision Is Actually Even More Devastating Than We First Thought
Administrative law may not sound sexy. And maybe that’s because it truly isn’t sexy. But it is at the very center of the biggest decisions this past Supreme Court term, and also widely misunderstood. In this week’s show, we asked Georgetown Law School’s Professor Lisa Heinzerling to come back to help hack through the thorny thicket of administrative law so we can more fully understand the ramifications of a clutch of cases handed down this term that – taken together – rearrange the whole project of modern government. The Supreme Court’s biggest power grab for a generation isn...
2024-07-13
51 min
Slate Crime and Justice
Amicus Opinionpalooza: SCOTUS and MAGA’s Shared Vision For Government Comes Into View
What’s this? A bonus Opinionpalooza episode for one and all? That’s right! The hits just keep coming from SCOTUS this week, and two big decisions landed Thursday that might easily get lost in the mix: Ohio v EPA and SEC v Jarkesy. Both cases shine a light on the conservative legal movement (and their billionaire funders’) long game against administrative agencies. In Ohio v EPA, the Court struck down the EPA’s Good Neighbor Rule, making it harder for the agency to regulate interstate ozone pollution. This decision split along ideological lines, and is part of a stealthy...
2024-06-28
50 min
Slate News
Amicus Opinionpalooza: SCOTUS and MAGA’s Shared Vision For Government Comes Into View
What’s this? A bonus Opinionpalooza episode for one and all? That’s right! The hits just keep coming from SCOTUS this week, and two big decisions landed Thursday that might easily get lost in the mix: Ohio v EPA and SEC v Jarkesy. Both cases shine a light on the conservative legal movement (and their billionaire funders’) long game against administrative agencies. In Ohio v EPA, the Court struck down the EPA’s Good Neighbor Rule, making it harder for the agency to regulate interstate ozone pollution. This decision split along ideological lines, and is part of a stealthy...
2024-06-28
50 min
Amicus With Dahlia Lithwick | Law, justice, and the courts
Opinionpalooza: SCOTUS and MAGA’s Shared Vision For Government Comes Into View
What’s this? A bonus Opinionpalooza episode for one and all? That’s right! The hits just keep coming from SCOTUS this week, and two big decisions landed Thursday that might easily get lost in the mix: Ohio v EPA and SEC v Jarkesy. Both cases shine a light on the conservative legal movement (and their billionaire funders’) long game against administrative agencies. In Ohio v EPA, the Court struck down the EPA’s Good Neighbor Rule, making it harder for the agency to regulate interstate ozone pollution. This decision split along ideological lines, and is part of a stealthy...
2024-06-28
50 min
The Oscar Project Podcast
2.20 Filmmaker Interview with Courtney Dixon
Send us a textIn today's episode, I interview director Courtney Dixon about her short documentary "Depression is a Beast," a frank look at how horror films can help people cope with anxiety and depression. The film was inspired by a New York Times article and will be shown at the Tribeca Film Festival in New York this June.Listen to hear about how Courtney starts exploring her documentary subjects, how actor Jenna Kanell uses her horror roles to help deal with her depression, and how Courtney uses visuals, sound, and animation to tell the...
2024-05-28
15 min
The Cosmopolitan
Judicial Supremacy in the US / Lisa Heinzerling
Podcast: This Is Hell! (LS 56 · TOP 0.5% what is this?)Episode: Judicial Supremacy in the US / Lisa HeinzerlingPub date: 2024-04-02Get Podcast Transcript →powered by Listen411 - fast audio-to-text and summarizationLisa Heinzerling on her Boston Review article, “The Judicial War on Government: The Supreme Court’s latest bid to control agencies like the EPA—and Congress itself." Check out Lisa's article here: https://www.bostonreview.net/articles/the-judicial-war-on-government/ Help keep This Is Hell! completely listener supported and access weekly bonus episodes by subscribing to our Patreon: https://www.patreon.com/thisi...
2024-04-10
1h 18
This Is Hell!
Judicial Supremacy in the US / Lisa Heinzerling
Lisa Heinzerling on her Boston Review article, “The Judicial War on Government: The Supreme Court’s latest bid to control agencies like the EPA—and Congress itself." Check out Lisa's article here: https://www.bostonreview.net/articles/the-judicial-war-on-government/ Help keep This Is Hell! completely listener supported and access weekly bonus episodes by subscribing to our Patreon: https://www.patreon.com/thisishell
2024-04-02
1h 18
This Is Hell!
Judicial Supremacy in the US / Lisa Heinzerling
Lisa Heinzerling on her Boston Review article, “The Judicial War on Government: The Supreme Court’s latest bid to control agencies like the EPA—and Congress itself." Check out Lisa's article here: https://www.bostonreview.net/articles/the-judicial-war-on-government/ Help keep This Is Hell! completely listener supported and access weekly bonus episodes by subscribing to our Patreon: https://www.patreon.com/thisishell
2024-04-02
1h 18
Gray Matters
Jed Shugerman's Major Questions About Emergency Powers and Standing
Adam White and Jace Lington chat with Law Professor Jed Handelsman Shugerman about lingering issues following the Supreme Court’s decision in the Biden v. Nebraska student loan case. They discuss a recent paper Shugerman presented at a Gray Center research roundtable, “Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine.”Notes:Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine, Jed Handelsman Shugerman Major Questions About Presidentialism: Untangling the “Chain of Dependence” Across Administrative Law, Jed Handelsman Shugerman and Jodi L. Short Standing Without Injury, Jo...
2024-02-09
1h 02
Gray Matters
Michael Ramsey’s Originalist Defense of the Major Questions Doctrine
Adam White and Jace Lington chat with Law Professor Michael D. Ramsey about how originalists can defend the major questions doctrine as a substantive canon of interpretation. He examines post-ratification court practice and other substantive canons designed by judges to minimize the harms of judicial error when interpreting ambiguous statutes. Ramsey recently presented a paper on this subject at a Gray Center research roundtable.Notes:An Originalist Defense of the Major Questions Doctrine, Michael D. Ramsey The Major Questions Doctrine: Right Diagnosis, Wrong Remedy, Thomas W. Merrill The Ghosts of Chevron Present and Future, Gary...
2024-02-02
52 min
Free Range with Mike Livermore
S2E17. Lisa Heinzerling on Environmental Law and the Supreme Court
On this episode Free Range, host Mike Livermore is joined by Lisa Heinzerling, an environmental law professor at Georgetown University and former Associate Administrator of the Environmental Protection Agency's Office of Policy during the Obama administration. The focus of the episode is centered around major Supreme Court decisions on environmental law over the past two decades. The two begin by discussing Massachusetts v. EPA, a 2007 case where the Court ruled 5-4 that the EPA has authority under the Clean Air Act to regulate greenhouse gas emissions. Heinzerling explains that during the Bush administration, the EPA denied a petition to regulate...
2023-09-20
59 min
arythceconia
READDOWNLOAD@) The Regulatory and Administrative State Materials Cases Comments (Twenty-first Century Legal Education S.) PDF READ FREE
[PDF] Download The Regulatory and Administrative State: Materials, Cases, Comments (Twenty-first Century Legal Education S.) Full Edition,Full Version,Full Book by Lisa HeinzerlingReading Now at : https://happyreadingebook.club/?book=0195189310ORDOWNLOAD EBOOK NOW!Read PDF READ/DOWNLOAD@) The Regulatory and Administrative State: Materials, Cases, Comments (Twenty-first Century Legal Education S.) PDF READ FREE Ebook Online PDF Download and Download PDF READ/DOWNLOAD@) The Regulatory and Administrative State: Materials, Cases, Comments (Twenty-first Century Legal Education S.) PDF READ FREE Ebook Online PDF Download by Lisa...
2023-08-12
00 min
elorsarusors
[read ebook] The Regulatory and Administrative State Materials Cases Comments FREE EBOOK
Download The Regulatory and Administrative State: Materials, Cases, Comments Full Edition,Full Version,Full Book by Lisa HeinzerlingReading Now at : https://happyreadingebook.club/?book=0195189310ORDOWNLOAD EBOOK NOW![PDF] Download [read ebook] The Regulatory and Administrative State: Materials, Cases, Comments FREE EBOOK Ebook | READ ONLINE Download [read ebook] The Regulatory and Administrative State: Materials, Cases, Comments FREE EBOOK read ebook online PDF EPUB KINDLE Download [read ebook] The Regulatory and Administrative State: Materials, Cases, Comments FREE EBOOK PDF - KINDLE - EPUB - MOBI...
2023-03-23
00 min
Real Crime Profile
Stolen Youth - Interview with Director Zach Heinzerling | Part 3
We are thrilled that Zach Heinzerling, director of the amazing Hulu docuseries “Stolen Youth” joined us to talk about his experience capturing the incredible story of Isabella Pollok, Claudia Drury, Dan Levin, Santos, Yalitza, and Felicia Rosario, all victims of Larry Ray who coercively controlled them, abused and tortured them for years.Zach tells us why he wanted to make the docs-series, and what he learned from the survivors about how it could happen — how these bright, young, vibrant people could come under the control of this master manipulator. Zach also shares some things he was unable to inc...
2023-03-15
46 min
FedSoc Events
Environmental Law After West Virginia v. EPA: Can the Biden Administration’s “Whole of Government” Approaches Survive Judicial Review?
The Biden Administration began with executive orders on an environmental policy agenda, directing a “whole of government” approach to climate change and environmental justice. These policies called for all federal agencies to prioritize regulatory action on equity and climate across numerous economic sectors. And they have, pushing out an economy-transforming regulatory agenda as Congress has remained largely deadlocked on most of the Administration’s priorities. More recently, some of the Administration’s allies have been calling on President Biden to exercise “emergency powers” to address climate change.At the same time, the Supreme Court started and ended its last term by tell...
2022-12-06
1h 31
California MCLE Podcast
WV v. EPA & the Major Questions Doctrine
On June 30th, 2022, the Supreme Court decided West Virginia v. Environmental Protection Agency (EPA), limiting the EPAs ability to regulate greenhouse gas emissions. Beyond its direct impact on climate policy, the case significantly impacts administrative power by supercharging a new legal regime - the “major questions doctrine.” Environmental law and administrative law expert, Professor Lisa Heinzerling (Georgetown Law Center) unpacks the Court’s decision in WV v. EPA and explains the broad powers of the judicial doctrine.Prof. Heinzerling goes on to explain how major questions may prove to be the death knell for a prior t...
2022-09-01
00 min
Illinois MCLE Podcast
WV v. EPA & the Major Questions Doctrine
On June 30th, 2022, the Supreme Court decided West Virginia v. Environmental Protection Agency (EPA), limiting the EPAs ability to regulate greenhouse gas emissions. Beyond its direct impact on climate policy, the case significantly impacts administrative power by supercharging a new legal regime - the “major questions doctrine.” Environmental law and administrative law expert, Professor Lisa Heinzerling (Georgetown Law Center) unpacks the Court’s decision in WV v. EPA and explains the broad powers of the judicial doctrine.Prof. Heinzerling goes on to explain how major questions may prove to be the death knell for a prior t...
2022-08-17
1h 01
We the People
The EPA, Federal Power, and the Future of Climate Regulations – Part 2
Back in March, we recapped oral arguments in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. On the last day of its term, the Supreme Court issued a 6-3 opinion dealing a significant blow to the federal government’s ability to enact climate regulations, and calling into question the future of the administrative state. Joining us to unpack the opinion is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; ...
2022-07-08
1h 02
We the People
The EPA, Federal Power, and the Future of Climate Regulations – Part 2
Back in March, we recapped oral arguments in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. On the last day of its term, the Supreme Court issued a 6-3 opinion dealing a significant blow to the federal government’s ability to enact climate regulations, and calling into question the future of the administrative state. Joining us to unpack the opinion is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; ...
2022-07-08
1h 02
cmdX anDre Articles "Law of WE "podcast
The EPA, Federal Power, and the Future of Climate Regulations – Part 2
Back in March, we recapped oral arguments in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. On the last day of its term, the Supreme Court issued a 6-3 opinion dealing a significant blow to the federal government’s ability to enact climate regulations, and calling into question the future of the administrative state. Joining us to unpack the opinion is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; and...
2022-07-08
1h 02
NEJM Interviews
NEJM Interview: Prof. Lisa Heinzerling on West Virginia v. EPA and how the Supreme Court evaluates environmental and public health actions by federal agencies.
Prof. Lisa Heinzerling is a professor of law at Georgetown University Law Center. Stephen Morrissey, the interviewer, is the Executive Managing Editor of the Journal. L. Heinzerling. Climate Change in the Supreme Court. N Engl J Med 2022;386:2255-2257.
2022-06-15
08 min
Live at the National Constitution Center
Rights, Regulations, and the Modern Administrative State
From lawsuits over the federal government’s vaccine mandates or the Environmental Protection Agency’s regulation of carbon emissions, the Supreme Court is debating the constitutional scope of the administrative state more vigorously than at any time since the New Deal. Join Lisa Heinzerling of Georgetown University Law Center, Ilan Wurman of Arizona State University Law, and William J. Novak, author of New Democracy: The Creation of the Modern American State, for a conversation exploring the rise of the administrative state, current cases about the scope of its power, and its future. Lana Ulrich, senior director of content at the National...
2022-05-11
57 min
cmdX anDre Articles "Law of WE "podcast
The EPA, Federal Power, and the Future of Climate Regulations
On February 28, the Supreme Court heard oral argument in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. The outcome of the case has the potential to deal a significant blow to the federal government’s ability to enact climate regulations. Joining us to examine the arguments on either side is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; and Lisa Heinzerling, the Justice William J. Brennan, Jr., Professor of L...
2022-03-04
1h 03
We the People
The EPA, Federal Power, and the Future of Climate Regulations
On February 28, the Supreme Court heard oral argument in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. The outcome of the case has the potential to deal a significant blow to the federal government’s ability to enact climate regulations. Joining us to examine the arguments on either side is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; and Lisa Heinzerling, the Justice William J. Brennan, Jr., Prof...
2022-03-04
1h 03
We the People
The EPA, Federal Power, and the Future of Climate Regulations
On February 28, the Supreme Court heard oral argument in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. The outcome of the case has the potential to deal a significant blow to the federal government’s ability to enact climate regulations. Joining us to examine the arguments on either side is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; and Lisa Heinzerling, the Justice William J. Brennan, Jr., Prof...
2022-03-04
1h 03
Strict Scrutiny
I Don't Wanna
Leah discusses the upcoming climate change case, West Virginia v. EPA, with Lisa Heinzerling and Kirti Datla (1:06). Slate's Mark Joseph Stern joins later to tee up a case the Court has granted for argument next term, 303 Creative v. Elenis, a case involving a graphic designer who doesn’t want to create websites for same-sex couples (49:48). Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 10/4 – ChicagoLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and...
2022-02-26
1h 16
FedSoc Events
EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach [2020 National Lawyers Convention]
On November 9, 2020, The Federalist Society's Environmental Law & Property Rights Practice Group hosted a virtual panel for the 2020 National Lawyers Convention. The panel was titled "EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach."Since 1970, the United States has made significant progress in protecting the nation’s water, cleaning up our air and land, and safeguarding human health. Harmful air emissions have declined almost 80%, while the U.S. economy has grown by 275% over the same timeframe. Drinking water in America is safer and better than ever in most communities. And through EPA programs like Superfund, contaminated lands are being re...
2020-11-25
1h 16
FedSoc Events
Showcase Panel III: The Executive Branch and the Regulatory State
In recent decades, the President has sought to control the regulatory state through the Office of Management and Budget and through the office within OMB known as OIRA. This panel will discuss whether that is a positive development, and whether presidential review powers should apply to independent as well as executive branch agencies, which could be accomplished by allowing removal of independent agency heads by the President. Would such implementation of the unitary executive lodge too much power in one man, as clearly the Framers feared? Do views on such matters depend on who is the President at any given...
2017-11-19
1h 44
Federalist Society Event Audio
Is the Modern Congress Doing More Harm Than Good? 5-17-2017
Fifth Annual Executive Branch Review ConferenceThe Fifth Annual Executive Branch Review Conference will examine the changing and often convoluted relationship between the legislative and the executive branches in the United States government. The Conference began with an opening address by Senator Mike Lee and concluded with a closing address by OMB Director Mick Mulvaney. This panel of the 2017 Executive Branch Review Conference was held at the Mayflower Hotel in Washington, D.C. on May 17, 2017.Luncheon Panel: Is the Modern Congress Doing More Harm Than Good?12:45 p.m. – 2:00 p.m.Grand Bal...
2017-06-07
1h 08
FedSoc Events
Is the Modern Congress Doing More Harm Than Good? 5-17-2017
The Fifth Annual Executive Branch Review Conference will examine the changing and often convoluted relationship between the legislative and the executive branches in the United States government. The Conference began with an opening address by Senator Mike Lee and concluded with a closing address by OMB Director Mick Mulvaney. -- This panel of the 2017 Executive Branch Review Conference was held at the Mayflower Hotel in Washington, D.C. on May 17, 2017. -- Featuring: Prof. Lisa Heinzerling, Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center; Mr. Matthew Spalding, Associate Vice President and Dean for Educational Programs, Hillsdale College...
2017-06-07
1h 08
Federalist Society Event Audio
Is the Modern Congress Doing More Harm Than Good? 5-17-2017
Fifth Annual Executive Branch Review ConferenceThe Fifth Annual Executive Branch Review Conference will examine the changing and often convoluted relationship between the legislative and the executive branches in the United States government. The Conference began with an opening address by Senator Mike Lee and concluded with a closing address by OMB Director Mick Mulvaney. This panel of the 2017 Executive Branch Review Conference was held at the Mayflower Hotel in Washington, D.C. on May 17, 2017.Luncheon Panel: Is the Modern Congress Doing More Harm Than Good?12:45 p.m. – 2:00 p.m.Grand Bal...
2017-06-07
1h 08
Federalist Society Event Audio
The Evolution of Justice Scalia's Views on Administrative Law 11-19-2016
2016 National Lawyers ConventionFor all of his many contributions to modern American jurisprudence, no area of law bears Justice Scalia's imprint more than administrative law. Indeed, he dedicated his entire career to it: from teaching at Virginia and Chicago, to serving in the Ford Administration, to his regulatory policy and legal writings at the American Enterprise Institute, to his service on the D.C. Circuit and ultimately the Supreme Court, he left a body of work unmatched by any modern Supreme Court justice. Whether writing in defense of particular doctrine or in criticism of it, his opinions...
2016-11-24
1h 27
FedSoc Events
The Evolution of Justice Scalia's Views on Administrative Law 11-19-2016
For all of his many contributions to modern American jurisprudence, no area of law bears Justice Scalia's imprint more than administrative law. Indeed, he dedicated his entire career to it: from teaching at Virginia and Chicago, to serving in the Ford Administration, to his regulatory policy and legal writings at the American Enterprise Institute, to his service on the D.C. Circuit and ultimately the Supreme Court, he left a body of work unmatched by any modern Supreme Court justice. Whether writing in defense of particular doctrine or in criticism of it, his opinions and essays fundamentally shaped modern administrative...
2016-11-24
1h 27
Federalist Society Event Audio
The Evolution of Justice Scalia's Views on Administrative Law 11-19-2016
2016 National Lawyers ConventionFor all of his many contributions to modern American jurisprudence, no area of law bears Justice Scalia's imprint more than administrative law. Indeed, he dedicated his entire career to it: from teaching at Virginia and Chicago, to serving in the Ford Administration, to his regulatory policy and legal writings at the American Enterprise Institute, to his service on the D.C. Circuit and ultimately the Supreme Court, he left a body of work unmatched by any modern Supreme Court justice. Whether writing in defense of particular doctrine or in criticism of it, his opinions...
2016-11-24
1h 27
Oral Argument
Episode 100: A Few Minutes in the Rear-View Mirror
In honor of our base 10 number system, we revert to type and have recorded a long, self-indulgent episode. We reflect on our show, respond to feedback, and wonder about law and legal academia. Also Joe’s travels and nonsense. Feedback includes the other side of the expedite problem, a morality quiz for Joe, the proper playback speed for this show, political processes in arrest and indictment, professionalism norms and racism, SSRN’s purchase by Elsevier, more on the Bluebook and its connection with the problems of legal knowledge creation, and what our jobs are and whether we should keep doin...
2016-06-11
1h 49
Oral Argument
Episode 99: Power
Joe is at the airport for a special pre-roll segment. Then we say hello to Lisa Heinzerling, administrative law expert (5:23). After a substantive and goofy discussion of legislation and regulation courses (6:29), we discuss the development of what Lisa calls “the power canons” resulting from recent decisions of the Supreme Court (10:39). If you’re Congress, how do you write a statute meant to solve problems that might evolve in type or degree? Do you have the power to do so, or are you limited to speaking to the here and now? Does the Supreme Court have the power to limit legisl...
2016-05-27
1h 12