The C. Boyden Gray Center For The Administrative State

Shows

Gray MattersA Debate on The Right—Climate Lawsuits and Federalism: What Is the Role of State Tort Law?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 LawJames Copland, Senior Fellow and Director of Legal Policy, Manhattan InstituteDonald Kochan, Antonin Scalia Law SchoolJennifer Mascott, C. Boyden Gray Center for the Study of the Administrative State 2024-05-171h 08

Gray MattersFederal Preemption and Environmental RegulationThis 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 LawRichard Epstein, New York UniversityEdmund LaCour, Solicitor General of AlabamaJennifer Mascott, C. Boyden Gray Center for the Study of the Administrative StateAdam White, C. Boyden Gray Center for the S...2024-05-031h 26

Gray MattersEquity and the Administrative StateThe 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 2024-03-011h 29

Gray MattersRacial Classifications and Democratic InstitutionsThe 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 2024-02-231h 31

Gray MattersJed Shugerman’s Major Questions About Emergency Powers and StandingAdam 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...2024-02-091h 02

Gray MattersJed Shugerman's Major Questions About Emergency Powers and StandingAdam 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...2024-02-091h 02

Gray MattersMichael Ramsey’s Originalist Defense of the Major Questions DoctrineAdam 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...2024-02-0252 min

Gray MattersFixing Deference with Ronald A. CassAdam White and Jace Lington chat with Ronald A. Cass about the future of judicial deference to agency actions. They discuss Cass’s recent papers, “Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers,” published by the New York University Journal of Law & Liberty, and “Getting Deference Right,” published by National Affairs. Ron insists on the crucial distinction between court decisions on what the law means and agency decisions about policy implementation.Notes:Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers (NYU JLL, 2023) Getting Deference Right (National Affairs, 2024) Loper Bright Amicus Brief, Gray Center Sep...2024-01-2658 min

Gray MattersThe Future of Financial Regulation Panel 2: What Should Regulate the Financial Regulators?The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring law professors Bridget C.E. Dooling and Kristin E. Hickman along with former OIRA Administrator Paul J. Ray and AEI Senior Fellow Emeritus Peter Wallison, moderated by Gray Center Co-Executive Director Adam White. They discuss OIRA oversight of financial regulators and how to reform federal financial regulations.Notes:...2023-12-191h 14

Gray MattersThe Future of Financial Regulation Panel 1: What is the Future of Financial Regulation?The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring the Hoover Institution's John H. Cochrane and professors Kathryn Judge, Jonathan R. Macey, and Todd J. Zywicki, moderated by Scalia Law professor Paolo Saguato. They discuss banking regulation, consumer finance, and what might be coming next in the world of financial regulation.Notes:Videos from the conference 2023-12-161h 28

Gray MattersThe Future of Financial Regulation: Keynote Conversation with Jelena McWilliamsThis episode of Gray Matters is the first of a three-part series and came out of a recent conference we hosted about the future of financial regulation. In this episode, Adam White speaks with former FDIC Chairman Jelena McWilliams about the current state of banking regulation. They discuss presidential oversight of the FDIC, how chairman McWilliams thought about her role, and the most pressing issues facing banks and regulators today.Notes:Videos from the conferenceChairman McWilliams's op-ed in the Wall Street Journal about changes in FDIC practiceWall Street Journal editorial about Chairman McWilliams's resignation from...2023-12-1333 min

Gray MattersCicero Institute 2023 Report on State Regulatory Process ReformAdam White and Jace Lington talk with Jonathan Wolfson about a new Cicero Institute report that ranks state regulatory systems based on their accountability, responsiveness, and transparency. They discuss cost-benefit analysis, regulatory sunset provisions, state-level centralized review modeled on OIRA, and venue restrictions.Notes:Matthew Nolan and Jonathan Wolfson, National Regulatory Reform: Progress Rankings Report 2023Matthew Nolan and Jonathan Wolfson, State Regulatory Processes Are Ripe for Reform, GoverningCicero Institute, Regulatory Sunset Model BillHarvard Journal of Law & Public Policy, Administrative Law in the StatesEugene Scalia, 2023 C. Boyden Gray Lecture on the Administrative State, “The Administrative State De...2023-12-0546 min

Gray MattersChevron on Trial Panel 4: The Future of Deference and Environmental LawThe 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 is a panel discussion featuring Professors Caroline Cecot, Emily Hammond, and E. Donald Elliott, moderated by Senior Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit. They focus on the future of Chevron deference in the context of environmental and energy law.Notes:Video from the conference 2023-11-281h 05

Gray MattersChevron on Trial Panel 3: Who Interprets Statutes?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 is a panel discussion featuring Aditya Bamzai, Jonathan S. Masur, Eli Nachmany, Victoria F. Nourse, moderated by Judge Chad A. Readler of the U.S. Court of Appeals for the Sixth Circuit.Notes:Video from the conference 2023-11-211h 10

Gray MattersChevron on Trial Keynote: Paul J. Ray on the Expertise Rationale for Chevron Deference and a Fireside Chat with Jennifer MascottThe 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 keynote address from Paul J. Ray, presenting his new paper about the expertise rationale for Chevron deference, and a fireside chat between Mr. Ray and Gray Center Co-Executive Director Jennifer Mascott, discussing his time as Administrator of OIRA.Notes:Video from the conferencePaul J. Ray's new paper on the expertise rational for Chevron deference 2023-11-1444 min

Gray MattersChevron on Trial Panel 2: Is Chevron Inevitable? What Should Replace It?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 2023-11-071h 10

Gray MattersChevron on Trial Panel 1: Loper Bright Enterprises v. RaimondoThe 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 2023-10-311h 25

Gray MattersSCOTUS Preview Part 2 with Josh Chafetz and Noah RosenblumAdam 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...2023-10-1857 min

Gray Matters"Why Congress" with Philip WallachJace 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, 2023The Revolution That Wasn’t: Conservatives Against Congress, 1981-2018, Gray Center Working Paper 20-22Incompletely Theorized Agreements in Constitutional Law, Cass Sunstein, 2007 2023-06-2944 min

Gray MattersRethinking Civil Service Management with James-Christian BlockwoodAdam 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, 2023Partnership 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, 2023From Merit to Exp...2023-06-0945 min

Gray MattersGray Lecture: The Administrative State Debate—A View From the Secretary’s OfficeFormer 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 2023-04-2749 min

Gray MattersGray Lecture Panel 2: Congress’s Power of the Purse in the Modern Administrative StateFormer 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.2023-04-211h 08

Gray MattersGray Lecture Panel 1: What is "The Rule of Law" in Administrative Law?Ronald A. Cass, Sally Katzen, and Noah J. Philips kick off the 2023 Annual Gray Lecture with a conversation about the "rule of law" in administrative law. This panel discussion builds on a forthcoming symposium featuring essays on the rule of law that will soon appear in the NYU Journal of Law & Liberty. The Gray Center and the NYU JLL cohosted an event in February on campus at NYU to discuss the themes of the essays. We were glad to bring the conversation to Washington, D.C., to continue the discussion.Notes:Video of the...2023-04-131h 28

Gray MattersSymposium on Administrative Law in the StatesOn January 9, 2023, the C. Boyden Gray Center hosted a symposium, “Administrative Law in the States,” with the Harvard Journal of Law & Public Policy and the Harvard Federalist Society. It featured the following participants: -Justice Brian Hagedorn, Wisconsin Supreme Court -Judge Jeffrey S. Sutton, United States Court of Appeals for the Sixth Circuit -Justice David N. Wecht... Source 2023-02-091h 28

Gray MattersAdministrative Law Abroad: The View from PolandWhat do American and European administrative law have in common? How do they differ? And what might Americans and Europeans learn from each other? These questions were on the mind of Prof. Przyemyslaw Ostojski when he visited the Gray Center this year. As a professor at the Academy of Justice in Warsaw and a prosecutor in the Republic of Poland’s Attorney General’s Office, he is an expert on... Source 2022-12-1243 min

Gray MattersThe FTC's Litigation: In Court and In-HouseThis episode is from the fourth panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Ashley Baker, Director of Public Policy, Committee for Justice Justin (Gus) Hurwitz, Professor of Law, Nebraska College of Law, University of Nebraska – Lincoln; The Menard Director, Nebraska Governance and Technology... Source 2022-11-231h 15

Gray MattersThe FTC and the Roberts Court: The Major Questions Doctrine, Rulemaking, and MoreThis episode is from the third panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Jeffrey S. Lubbers, Professor of Practice in Administrative Law, Washington College of Law, American University Thomas W. Merrill, Charles Evans Hughes Professor, Columbia Law School The Honorable Eugene Scalia, Partner... Source 2022-11-191h 13

Gray MattersKeynote Speech by William E. KovacicThis episode is from the Keynote Speech of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It was given by William E. Kovacic, Director, Competition Law Center; Global Competition Professor of Law and Policy; Professor of Law, The George Washington University Law School; former Chairman... Source 2022-11-1551 min

Gray MattersThe FTC's Independence After Seila Law v. CFPBThis episode is from the second panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Svetlana Gans, Partner, Gibson, Dunn & Crutcher LLP Jennifer Mascott, Assistant Professor of Law & Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Scalia Law School Paul R. Source 2022-11-111h 10

Gray MattersAmerican Antitrust Law: Where Are We, and Where Are We Going?This episode is from the first panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Andrew I. Gavil, Professor of Law, Howard University School of Law Thomas Hazlett, H.H. Macaulay Endowed Professor of Economics, Wilbur O. and Ann Powers College of Business, Clemson University Bernard (Barry) A. Nigro... Source 2022-11-071h 39

Gray MattersMajor Questions About the Future of the Chevron DoctrineAdam White and Jace Lington, Research Director at the Gray Center, chat with Columbia Law School Professor Thomas W. Merrill about his new book: The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State. They discuss theChevron doctrine, how to think about judicial review of agency interpretations of statutes, and the Supreme Court’s recent decision in West Virginia v. Source 2022-07-2053 min

Gray MattersPulse of the Court: West Virginia v. EPA ReactionProfessor Jenn Mascott is joined by Chad Squitieri, associate at Gibson, Dunn, & Crutcher LLP and Eli Nachmany, Senior Research Fellow at the C. Boyden Gray Center, to discuss the Supreme Court’s ruling in West Virginia v. EPA and what it means for the administrative state moving forward. Source 2022-07-0152 min

Gray MattersKeynote Conversation with Ambassador C. Boyden GrayBoyden Gray, former White House Counsel and U.S. Ambassador to the European Union, chats with Gray Center Co-Executive Director Jennifer Mascott, where he described how Congress has changed over the decades, talked about his experiences as a law clerk at the US Supreme Court and as White House Counsel, and spoke about Justice Clarence Thomas’s legacy on the Court. From the Gray Center’s May 25... Source 2022-06-0846 min

Gray MattersCongress, Jurisdiction, Process, & the Institution of the Supreme CourtThis panel discussion, from the Gray Center’s May 25 Capitol Hill Conference, consisted of a timely discussion on the leaked Dobbs draft opinion and the implications of this relating to the institution of the Supreme Court. It featured Hunton Andrews Kurth Special Counsel The Honorable Thomas B. Griffith, Sullivan & Cromwell LLP partner Jeffrey B. Wall, Advisory Opinions podcast host Sarah Isgur... Source 2022-06-021h 20

Gray MattersCongress Versus the ExecutiveThis panel discussion, from the Gray Center’s May 25 Capitol Hill Conference, focused on how Congress can exercise effective oversight authority to get nonpublic information from the Executive Branch. It featured Sidley Austin LLP partner William R. Levi, Jones Day partner Hashim M. Mooppan, and was moderated by The Honorable Steven G. Bradbury, former General Counsel and Acting Secretary of the U. Source 2022-05-311h 15

Gray MattersThe Gray Lecture on the Administrative State Panel Discussion: The Future of Independent Agencies After Seila and CollinsOn March 18, the Gray Center hosted the First Annual Gray Lecture on the Administrative State, an event that we hope to make a keynote of our calendar each year. This included a panel discussion, featuring Professors John Harrison, Aaron Nielson and Aditya Bamzai, along with Gray Center Co-Executive Director Adam White. They discussed the future of “agency independence” in the aftermath of Seila... Source 2022-03-311h 22

Gray Matters“The Pulse of the Court”: Lawsuits Against Government Officers & the February SittingSteven Engel Today, in the Gray Center’s “Pulse of the Court” podcast series, Steve Engel of Dechert LLP and Jenn discuss the just-completed February oral argument sitting at the Supreme Court. They focus primarily on the final case of the sitting, Egbert v. Boule, which raises important questions about whether, and when, federal officers should be subject to monetary damages for alleged... Source 2022-03-0337 min

Gray MattersLaboratories of Democracy: State Trends in Administrative LawLouis Brandeis famously wrote that “a single courageous State may, if its citizens choose, serve as a laboratory” for government reform. Today we see many states becoming laboratories for the reform of administrative law. Last year, the Gray Center hosted a roundtable to discuss new research on administrative law in the states. Those papers were recently released as Gray Center Working Papers... Source 2022-01-1847 min

Gray MattersThe Pulse of the Court: Recap of the Supreme Court Arguments on the Vaccine-or-Testing MandateOn Friday, the Supreme Court heard oral arguments on the legality of the Occupational Safety and Health Administration’s (“OSHA”) vaccination-or-test mandate. The parties challenging the mandate contend that it is unprecedented in the breadth of its assertion of authority. On this podcast, Professor Jenn Mascott, co-director of the Gray Center, interviews Steve Lehotsky of Lehotsky Keller–the... Source 2022-01-1039 min

Gray MattersEvening Lecture: Justice Thomas’s Thirty-Year Legacy on the CourtOn October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought together jurists, legal academics and practitioners, including many of the Justice’s former clerks... Source 2021-11-2258 min

Gray MattersAdvocacy in the Thomas-era CourtOn October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought together jurists, legal academics and practitioners, including many of the Justice’s former clerks... Source 2021-11-181h 13

Gray MattersConversation with Michael Pack, producer and developer of the documentary “Created Equal: Justice Thomas in His Own Words” (Justice Thomas’sOn October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought together jurists, legal academics and practitioners, including many of the Justice’s former clerks... Source 2021-11-151h 00

Gray MattersConstitutional Liberties: First Amendment, Religion, Race, and Natural Law (Justice Thomas’s Thirty-Year Legacy on the Court)On October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought together jurists, legal academics and practitioners, including many of the Justice’s former clerks... Source 2021-11-121h 14

Gray MattersSafeguarding the Structural Constitution: Federalism and the Separation of Powers (Justice Thomas’s Thirty-Year Legacy on the Court)On October 21, 2021, the Gray Center and the Heritage Foundation co-hosted a special event to commemorate the 30th anniversary of the confirmation of Justice Clarence Thomas to the Supreme Court of the United States. This event, consisting of a daytime law symposium and evening lecture, brought together jurists, legal academics and practitioners, including many of the Justice’s former clerks... Source 2021-11-081h 18

Gray MattersThe Constitutional Presidency: Two New Books (Presidential Administration in a Polarized Era)On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The fourth and final panel featured two authors of recent books on... Source 2021-10-261h 10

Gray MattersCurrent Issues in Presidential Administration & Executive PowerOn October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The third panel analyzed current issues in presidential administration... Source 2021-10-251h 09

Gray MattersConversation with D.C. Circuit Judge Neomi Rao, Hosted by Jennifer Mascott (Presidential Administration in a Polarized Era)On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. D.C. Circuit Judge and Gray Center Founder Neomi Rao sat down with Gray... Source 2021-10-2051 min

Gray MattersKagan’s “Presidential Administration” After 20 Years (Presidential Administration in a Polarized Era)On October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The second panel looked at Kagan’s landmark piece... Source 2021-10-191h 09

Gray MattersPresidential Administration & Political PolarizationOn October 1, 2021, the Gray Center hosted a conference to mark the twentieth anniversary of Elena Kagan’s landmark published article on “Presidential Administration,” where authors and scholars discussed and presented seven new working papers and two new books on this important and timely concept, during a series of panel discussions. The first panel was introduced by Gray Center Co-Executive... Source 2021-10-181h 15

Gray MattersKeynote Address (Memorial Symposium for Judge Stephen F. Williams)On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Decatur House in Washington, D.C., and followed by a reception where we were all able to continue the... Source 2021-10-1334 min

Gray MattersJudge Williams on the American Constitution and Liberal Democracy (Memorial Symposium for Judge Stephen F. Williams)On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Decatur House in Washington, D.C., and followed by a reception where we were all able to continue the... Source 2021-10-111h 10

Gray MattersJudge Williams on Administrative Law and Regulatory Policy (Memorial Symposium for Judge Stephen F. Williams)On September 17, 2021, the Gray Center hosted an event in memory of Judge Stephen F. Williams: a conference for new papers written for a symposium on his enormous legacy in law and liberty. We are grateful to our authors, who discussed their newly completed papers at this event, hosted at the Decatur House in Washington, D.C., and followed by a reception where we were all able to continue the... Source 2021-10-081h 06

Gray MattersA Conversation with the Center’s New Co-Executive Director, Prof. Jennifer MascottThis summer, Professor Jennifer Mascott joined the Gray Center as its new Co-Executive Director. With school back in session, and the Center’s fall programs underway, Jenn visited the podcast for a conversation with our other Co-Executive Director, Adam White. They discussed her current research interests, her recent experience in the Justice Department, and her plans for Gray Center programs... Source 2021-09-1534 min

Gray MattersNEPA and the Future of Clean Energy and Infrastructure“Do NEPA (the National Environmental Policy Act) and other permitting requirements doom green energy and infrastructure plans?” That was the title of a recent webinar, organized by the Law & Economics Center at George Mason University’s Antonin Scalia Law School. The Gray Center’s Adam White moderated a discussion with Mario Loyola (Competitive Enterprise Institute) and Andrew Rosenberg (Union of... Source 2021-05-251h 02

Gray MattersRegulating Vaccines After Covid-19: A Conversation with Sam Halabi and Kristen OsengaAmid the Covid-19 crisis, Operation Warp Speed helped to develop vaccines with astonishing speed. But even with a fast-tracked FDA process, there still remain significant questions about risk, liability, and intellectual property. These are the subjects of two new Gray Center working papers by Professors Sam Halabi of the University of Missouri and Professor Kristen Osenga of the University of... Source 2021-05-0452 min

Gray Matters“By Executive Order,” with Andrew Rudalevige on Presidential Administration and BureaucracyExecutive orders are not a new tool of presidential power — all presidents have used them, and some much more than others. But in recent decades they seem to have become a more significant and prominent aspect of American government. In today’s episode, Bowdoin College’s Andrew Rudalevige and the Gray Center’s Adam White describe the processes of E.O. development, with special focus on the Office... Source 2021-04-271h 02

Gray MattersNondelegation’s Past, Present, and Future: Kristin Hickman and Nicholas ParrilloAt 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 2021-03-261h 13

Gray MattersThe Past, Present, and Future of Financial Regulation: Peter Conti-Brown and Lev MenandFrom 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 2021-03-0355 min

Gray MattersAnnual Supreme Court Preview: 2020–2021Last 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 2020-10-291h 05

Gray MattersThe Clean Air Act and the Transformation of Congress: Frank Manheim and David Schoenbrod (Congress and the Administrative State Series)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 2020-10-2840 min

Gray MattersThinking About “The Congressional Bureaucracy,” with Abbe Gluck, Jesse Cross, and Josh Chafetz (Congress and the Administrative State SeriesThe 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 2020-10-2649 min

Gray MattersAfter 50 Years, What Is the National Environmental Policy Act Today?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 2020-10-081h 01

Gray MattersAdam Mossoff on the Innovation Economy and the Administrative StateToday’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 2020-10-0559 min

Gray MattersTeaching Administrative Law Outside the Classroom: Ballotpedia’s Christopher NelsonWe 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 2020-09-2332 min

Gray MattersTech Regulation Series Keynote Conversation with FTC Commissioner Noah PhillipsThe Federal Trade Commission is a century-old agency facing some of the most cutting-edge technologies and issues of our time. How should an agency apply old laws to new technologies? To conclude the Gray Center’s series of podcast conversations on innovation and regulation, Commissioner Noah Phillips joins Adam White to discuss issues ranging from the nondelegation doctrine... Source 2020-09-1747 min

Gray MattersRethinking Regulatory Paradigms in a High-Tech Era (Tech Regulation Series)During this era of disruptive technological change, heavy-handed regulation can stifle innovation and unintentionally undermine the public interest. Yet regulators are tasked by Congress with promoting particular policies, often under old statutes with outdated information. How can regulators best do their jobs in a way that promotes innovation and the public interest? In a pair of new Gray Center... Source 2020-09-161h 03

Gray MattersEvasive Entrepreneurs: Innovation and the Administrative StateHow should transformative technologies approach the administrative state, and vice versa? In his latest book, “Evasive Entrepreneurs & the Future of Governance,” Adam Thierer of the Mercatus Center reports that tech companies are finding ways to outpace the regulators—and that this is a very good thing. In this episode, the Gray Center’s director Adam White interviews Thierer about his book (and... Source 2020-07-1445 min

Gray MattersThe Dubious Morality of Administrative LawOn July 6, the Federalist Society invited Adam White to interview Richard Epstein about his new book: “The Dubious Morality of Administrative Law,” for a public teleforum. Adam and Richard had a wide-ranging conversation about the book’s origin and major themes, and then Richard took questions from the audience. Richard previously keynoted two Gray Center conferences. Source 2020-07-1058 min

Gray MattersTort Liability for Businesses During COVID-19On June 18, 2020, the Gray Center co-sponsored a live webinar, “A Discussion on Tort Liability for Businesses During COVID-19,” in partnership with the Law and Economics Center at Antonin Scalia Law School. Risks of the COVID-19 spread create substantial uncertainty for businesses when deciding whether to open up and conduct business, especially as they try to identify their duties in preventing... Source 2020-06-251h 05

Gray MattersNon-Presidential AdministrationOn February 6, 2020, the Gray Center hosted a public policy conference on “Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government.” The conference was inspired in part by James Q. Wilson’s book, Bureaucracy, and Elena Kagan’s article, “Presidential Administration.” The panel sessions centered around new papers the Gray Center helped to incubate on... Source 2020-06-111h 15

Gray MattersThe Tools of Administrative ManagementOn February 6, 2020, the Gray Center hosted a public policy conference on “Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government.” The conference was inspired in part by James Q. Wilson’s book, Bureaucracy, and Elena Kagan’s article, “Presidential Administration.” The panel sessions centered around new papers the Gray Center helped to incubate on... Source 2020-06-041h 24

Gray MattersBureaucracy and Presidential Administration: Keynote Remarks by Jonathan RauchOn February 6, 2020, the Gray Center hosted a public policy conference on “Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government.” The conference was inspired in part by James Q. Wilson’s book, Bureaucracy, and Elena Kagan’s article, “Presidential Administration.” The panel sessions centered around new papers the Gray Center helped to incubate on... Source 2020-05-2847 min

Gray MattersPresidential Administration and BureaucracyOn February 6, 2020, the Gray Center hosted a public policy conference on “Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government.” The conference was inspired in part by James Q. Wilson’s book, Bureaucracy, and Elena Kagan’s article, “Presidential Administration.” The panel sessions centered around new papers the Gray Center helped to incubate on... Source 2020-05-211h 09

Gray MattersBureaucracy, the Presidency, and the Origins of Federal Civil ServiceOn February 6, 2020, the Gray Center hosted a public policy conference on “Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government.” The conference was inspired in part by James Q. Wilson’s book, Bureaucracy, and Elena Kagan’s article, “Presidential Administration.” The panel sessions centered around new papers the Gray Center helped to incubate on... Source 2020-05-141h 17

Gray MattersDisruptive Technology and the Future of “Law”On November 15, 2019, the Gray Center hosted a public policy conference on “Technology, Innovation, and Regulation.” For this conference, scholars wrote and presented papers on the way regulation affects technological innovation, and vice-versa. The Gray Center convened expert panels on topics including whether social media should be regulated for “neutrality,” “regulatory sandboxes” and other... Source 2020-04-231h 10

Gray MattersArtificial Intelligence and the Future of RegulationOn November 15, 2019, the Gray Center hosted a public policy conference on “Technology, Innovation, and Regulation.” For this conference, scholars wrote and presented papers on the way regulation affects technological innovation, and vice-versa. The Gray Center convened expert panels on topics including whether social media should be regulated for “neutrality,” “regulatory sandboxes” and other... Source 2020-04-161h 18

Gray MattersTechnology, Innovation, and Regulation: Keynote Remarks by Kate LauerOn November 15, 2019, the Gray Center hosted a public policy conference on “Technology, Innovation, and Regulation.” For this conference, scholars wrote and presented papers on the way regulation affects technological innovation, and vice-versa. The Gray Center convened expert panels on topics including whether social media should be regulated for “neutrality,” “regulatory sandboxes” and other... Source 2020-04-0942 min

Gray Matters“Regulatory Sandboxes” and Other Laboratories of DemocracyOn November 15, 2019, the Gray Center hosted a public policy conference on “Technology, Innovation, and Regulation.” For this conference, scholars wrote and presented papers on the way regulation affects technological innovation, and vice-versa. The Gray Center convened expert panels on topics including whether social media should be regulated for “neutrality,” “regulatory sandboxes” and other... Source 2020-04-021h 10

Gray MattersShould Social Media be Regulated for “Neutrality”?On November 15, 2019, the Gray Center hosted a public policy conference on “Technology, Innovation, and Regulation.” For this conference, scholars wrote and presented papers on the way regulation affects technological innovation, and vice-versa. The Gray Center convened expert panels on topics including whether social media should be regulated for “neutrality,” “regulatory sandboxes” and other... Source 2020-03-271h 23

Gray MattersJudicial Review and Immigration LawOn October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the... Source 2020-03-171h 11

Gray MattersCosts of Our Immigration System: Who Does the Burden Fall On?On October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the... Source 2020-03-121h 14

Gray MattersThe Administration of Immigration: Keynote Remarks by James McHenryOn October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the... Source 2020-03-0632 min

Gray MattersIs Immigration Law Special? National Security, Special Courts, and “For This Ride Only” LawOn October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the... Source 2020-02-211h 14

Gray MattersThe Moral Underpinnings of Immigration LawOn October 25, 2019, the Gray Center hosted “The Administration of Immigration.” For this conference, the Gray Center invited scholars to write papers exploring ways to improve our nation’s immigration system, and discuss them alongside other experts in panel sessions addressing such topics as whether immigration law is special, the costs and benefits of immigration, judicial review of the... Source 2020-02-141h 15

Gray MattersThe IRS, Congress, and the President’s Tax ReturnsOn October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census... Source 2020-02-131h 18

Gray MattersThe Democracy of AdministrationOn October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census... Source 2020-01-301h 07

Gray MattersThe Administration of the CensusOn October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census... Source 2020-01-231h 00

Gray MattersThe Administration of Federal Campaign Finance LawsOn October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census... Source 2020-01-161h 30

Gray MattersThe Administration of ElectionsOn October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census... Source 2020-01-091h 10

Gray MattersThe Administration of Democracy: Campaign Finance Regulation TodayOn October 4, 2019, the Gray Center co-hosted “The Administration of Democracy⏤The George Mason Law Review’s Second Annual Symposium on Administrative Law.” For the second annual symposium, scholars wrote papers on such fundamental questions as: Is nonpartisan campaign-finance regulation possible? Who should draw electoral maps—and how? How can we best protect voting rights? How should the census... Source 2019-12-1950 min

Gray MattersWhy Does Congress Delegate Power?On October 8, 2019, the Gray Center lost a great friend and mentor when Michael Uhlmann passed away at the age of 79. Professor Uhlmann served most recently as a Professor of Government at the Claremont Graduate University and Claremont McKenna College; previously he served in the federal government’s executive and legislative branches, taught at George Mason University... Source 2019-12-121h 14

Gray MattersImproving Agency Cost-Benefit AnalysisOn September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House’s Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center’s web site. And the conference was keynoted by the... Source 2019-11-221h 09

Gray MattersRegulatory Budgets & Executive Order 13771On September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House’s Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center’s web site. And the conference was keynoted by the... Source 2019-11-211h 19

Gray MattersCost-Benefit Analysis in CourtOn September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House’s Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center’s web site. And the conference was keynoted by the... Source 2019-11-201h 14

Gray MattersWhat Role Should OIRA Play?On September 13, the Gray Center hosted a conference on The Future of White House Regulatory Oversight and Cost-Benefit Analysis. At the conference, a number of scholars presented new research on cost-benefit analysis and the White House’s Office of Information and Regulatory Affairs, or “OIRA.” All of the papers are available on the Gray Center’s web site. And the conference was keynoted by the... Source 2019-11-191h 23

Gray MattersIntroducing Arbitrary & CapriciousThe 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... Source 2019-10-1207 min