RTP's Fourth Branch Podcast

On June 23, 2022, David A. Carrillo, Christina Sandefur, Robert F. Williams and moderator Braden Boucek joined us to debate the different purposes and rights guarantees within state constitutions and the federal constitution. What are the federalism implications of an increased focus on state constitutional rights, if that's really the trend? What does the map of states look like if some federal liberties roll back, and does the distribution depend on which rights roll back or expand. These topics and more were explored by this excellent panel of knowledgeable state constitutional law experts.Featuring:- David A. Carrillo, Lecturer in Residence and Executive Director, California Constitution Center, University of California, Berkeley, School of Law- Christina Sandefur, Executive Vice President, Goldwater Institute- Robert F. Williams, Distinguished Professor of Law and Director, Center for State Constitutional Studies, Rutgers University of School of Law- [Moderator] Braden Boucek, Director of Litigation, Southeastern Legal FoundationVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Cryptocurrency. Decentralized finance. Nonfungible tokens. Once only experts on the cutting edge of financial services were familiar with these terms. Now, with the emergence of digital assets within the global financial system, crypto, DeFi, and NFTs are becoming part of the mainstream financial services lexicon. The rapidly emerging crypto ecosystem faces uncertainty within a regulatory regime designed for very different institutions and securities. In response, on March 9, 2022, President Biden issued an executive order, “Ensuring Responsible Development of Digital Assets,” which ordered agencies to submit policy recommendations based upon multiple principles such as: providing consumer protection, ensuring U.S. financial system stability, mitigating systemic financial risk, responsibly developing digital assets, and examining the creation of a U.S. Central Bank Digital Currency (CBDC). Supporters of increased financial regulation over cryptocurrency see this as a necessity to provide security essential to ensuring financial stability and consumer protection within the digital asset space. Others view these federal regulatory efforts as a threat to future opportunities for economic innovation. At a live Regulatory Transparency Project event, following remarks from SEC Commissioner Hester M. Peirce, an expert panel including Jerry Brito, Ryan Selkis, Todd Phillips, and moderator J.W. Verret discussed current and future efforts at regulation of cryptocurrency and its implications for innovation, financial stability, and consumer protection. Featuring: Jerry Brito, Executive Director, Coin Center Todd Phillips, Director, Financial Regulation and Corporate Governance, Center for American Progress Ryan Selkis, Co-Founder and CEO, Messari [Moderator] Prof. J.W. Verret, Associate Professor of Law, Antonin Scalia Law School, George Mason University Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Cryptocurrency. Decentralized finance. Nonfungible tokens. Once only experts on the cutting edge of financial services were familiar with these terms. Now, with the emergence of digital assets within the global financial system, crypto, DeFi, and NFTs are becoming part of the mainstream financial services lexicon. The rapidly emerging crypto ecosystem faces uncertainty within a regulatory regime designed for very different institutions and securities. In response, on March 9, 2022, President Biden issued an executive order, “Ensuring Responsible Development of Digital Assets,” which ordered agencies to submit policy recommendations based upon multiple principles such as: providing consumer protection, ensuring U.S. financial system stability, mitigating systemic financial risk, responsibly developing digital assets, and examining the creation of a U.S. Central Bank Digital Currency (CBDC). Supporters of increased financial regulation over cryptocurrency see this as a necessity to provide security essential to ensuring financial stability and consumer protection within the digital asset space. Others view these federal regulatory efforts as a threat to future opportunities for economic innovation. At a live Regulatory Transparency Project event, SEC Commissioner Hester M. Peirce addressed current and future efforts at regulation of cryptocurrency and its implications for innovation, financial stability, and consumer protection. An expert panel including Jerry Brito, Ryan Selkis, Todd Phillips, and moderator by J.W. Verret then followed the Commissioner’s remarks with a lively panel discussion. Featuring: Hon. Hester M. Peirce, Commissioner, United States Securities and Exchange Commission [Introduction] Prof. J.W. Verret, Associate Professor of Law, Antonin Scalia Law School, George Mason University Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

On May 5, the United States Department of Justice (DOJ) announced a new "Comprehensive Environmental Justice Strategy." One piece of this new strategy was an Interim Final Rule reintroducing the use of Supplemental Environmental Projects (SEPs) in environmental enforcement action settlements.As defined by the Biden administration, SEPs are "local projects that defendants can agree to undertake as part of an enforcement case settlement to help rectify environmental violations." These projects were outlawed under the Trump DOJ due to concerns that their use expands DOJ discretionary authority beyond its statutory limits. The Biden administration, however, argues that "SEPs help to fulfill the goals of the underlying statutes being enforced and can provide important environmental and public health benefits to communities that have been harmed by environmental violations."On June 15, 2022, three executive branch veterans with a range of views on the issue joined us for a virtual discussion on the return of SEPs.Featuring:- Michael Buschbacher, Counsel, Boyden Gray & Associates PLLC- Justin A. Savage, Global Co-Lead, Environmental Team, Sidley Austin LLP- [Moderator] Annie Donaldson Talley, Partner, Luther Strange and AssociatesVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

On June 7, 2022, the Regulatory Transparency Project hosted a live discussion on occupational licensing via Twitter Spaces.Utah Governor Spencer J. Cox opened the program with remarks on licensing reforms his state has recently pursued, and an expert panel featuring Jon Gabriel, Scott Lincicome, Colin Mortimer, and moderator Shoshana Weissmann then broke down the Governor’s remarks and discussed the issue more broadly.Featuring:- Spencer J. Cox, Governor, State of Utah- Jon Gabriel, Editor-in-Chief, Ricochet- Scott Lincicome, Director, General Economics and the Herbert A. Stiefel Center for Trade Policy Studies, Cato Institute- Colin Mortimer, Director, Center for New Liberalism- [Moderator] Shoshana Weissmann, Senior Manager of Digital Media and Fellow, R Street InstituteVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

As the cryptocurrency industry grows, state and federal governments are considering how that industry should be regulated. The President has directed the Secretary of the Treasury to report soon on the issues involved. A draft bill that would regulate stablecoins has been released in the U.S. Senate. Meanwhile, states are competing with one another to adopt regulatory laws that may attract cryptocurrency firms to their welcoming, but taxing, arms striving for economic growth.Will regulation be designed to avoid discouraging innovation in a highly creative environment? Fears have been expressed that unregulated cryptocurrency could theoretically present systemic risk, and consumers may need to be protected–particularly in light of the recent collapse of the Luna cryptocurrency and its related Terra stablecoin. Some believe that regulation may be an opportunity to include those presently unserved by the banking system. Complicating this already complicated picture may be rivalry among multiple federal agencies, including the banking regulators, the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Federal Trade Commission, each of which may make a case for potential authority over aspects of the cryptocurrency industry. Our panel of experts addressed these timely and controversial questions.Featuring:- Douglas Elliott, Partner, Oliver Wyaman- Michael Piwowar, Executive Director, Milken Institute Center for Financial Markets- Dawn Stump, Former Commissioner, U.S. Commodity Futures Trading Commission- Thomas Vartanian, Executive Director, Financial Technology & Cybersecurity Center- [Moderator] Paul N. Watkins, Senior Advisor, Patomak Global PartnersVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

In this episode, Adam Thierer interviews Professor Daniel Crane regarding state restrictions on direct car sales and their implications for automobile markets, including the antitrust concerns they may raise.Featuring:- Daniel Crane, Frederick Paul Furth Sr. Professor of Law, University of Michigan Law School- [Moderator] Adam Thierer, Senior Fellow, Mercatus Center, George Mason UniversityVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Eight years after he was first sworn in, Arizona Governor Doug Ducey will leave office in January 2023 due to the state's limit of two consecutive terms. In this episode, Governor Ducey joined tech policy experts Brent Skorup and Adam Thierer to discuss initiatives aimed at boosting innovation Arizona has launched during his time in office. Their conversation covered regulatory sandboxes, occupational licensing reform, autonomous vehicle policy, and much more.This episode was co-sponsored by the Mercatus Center at George Mason University.Featuring:- Doug Ducey, Governor, State of Arizona- Brent Skorup, Senior Fellow, Mercatus Center, George Mason University- [Moderator] Adam Thierer, Senior Fellow, Mercatus Center, George Mason UniversityVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

In February 2022, the Catawba Nation of South Carolina voted to approve the first tribal digital economic zone in the United States. This "Catawba Digital Economic Zone" includes an independent regulatory framework and commercial code, which its organizers intend to utilize to attract financial technology firms to the Zone as online "ecorporations."In this episode, Catawba Digital Economic Zone CEO Joseph McKinney joined tech policy expert Ryan Hagemann to discuss the Zone and its novel regulatory framework.Featuring:- Joseph McKinney, CEO, Catawba Digital Economic Zone- [Moderator] Ryan Hagemann, Co-Director, IBM PolicyLabVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

In 2018, then-Assistant Attorney General Makan Delrahim announced with great fanfare the "New Madison Approach" to intellectual property and antitrust disputes, rejecting the application of antitrust law to licensing disputes involving Standards Essential Patents (SEPs) and announcing that SEP holders should be entitled to injunctive relief like any other patent holder. Many patent holders cheered this development, particularly after years of perceived weakening of their rights as patent holders. They celebrated this new policy as supportive of innovation and technology licensing. Others argued that this new approach would lead to hold-up abuses by SEP holders in licensing negotiations, or that hold-out behaviors by licensees were overstated. They argued that this would only spark additional costly litigation.As the current administration continues to reevaluate its antitrust policies and rolls back some "New Madison" policies, an expert panel discussed the impact of these policies, including whether they did more to promote innovation or to spark unnecessary litigation, and examined upcoming issues in the areas of SEPs and Standards-Setting Organizations.Featuring:- Jay Jurata, Partner and Antitrust & Competition Practice Group Leader, Orrick, Herrington & Sutcliffe LLP- Taylor Owings, Partner, Baker Botts L.L.P.- [Moderator] Brian Pandya, Partner, Duane Morris LLPVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.