RTP's Fourth Branch Podcast

The Federalist Society
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Mar 2, 2022 • 23min

Explainer 34 – Institute for Justice's "Barriers to Business" Report

"To better understand the challenges small businesses face and to offer recommendations," Institute for Justice's Andrew Meleta and Alex Montgomery "analyzed the codes of 20 large to mid-sized cities, interviewed entrepreneurs from across the country, and mapped out the real-world process of starting five common business types from the entrepreneur's perspective." They then compiled their findings in IJ's "Barriers to Business" report, which is available here: https://ij.org/report/barriers-to-business/.In this episode, Meleta and Montgomery join the Goldwater Institute's Jon Riches to discuss the major takeaways from their report and how cities can better attract and support entrepreneurs.Featuring:- Andrew Meleta, Activism Associate, Institute for Justice- Alex Montgomery, City Policy Associate, Institute for Justice- [Moderator] Jon Riches, Director of National Litigation, Goldwater InstituteVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
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Feb 25, 2022 • 1h 2min

Deep Dive 210 – Cryptocurrencies: Money, Trust and Regulation

Dr. Oonagh McDonald’s latest book, “Cryptocurrencies: Money, Trust and Regulation,” discusses the nature of money, the introduction of the first cryptocurrency – Bitcoin – and the maturation of the space, how regulators have approached the burgeoning industry, and whether cryptocurrencies might ultimately be viable alternatives to “money” as we know it today. The Regulatory Transparency Project was pleased to welcome Dr. McDonald and Coin Center Executive Director Jerry Brito to discuss these important issues.Featuring:- Oonagh McDonald, Senior Adviser, Crito Capital- [Moderator] Jerry Brito, Executive Director, Coin CenterVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
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Feb 24, 2022 • 11min

Tech Roundup 14 – Telematics in Cars and the Regulation of Auto Insurance

Ian Adams joined the podcast to break down the policy aspects of a recent Twitter spat between Elon Musk and California Insurance Commissioner Ricardo Lara. What are telematics, and how are they used by the auto insurance industry? What is California's Proposition 103? What lessons can this episode teach about policy regarding emerging technologies more generally?Read Ian's recent piece on the topic here: https://www.insurancejournal.com/blogs/law-and-economics/2022/02/17/654839.htmFeaturing:- Ian Adams, Executive Director, International Center for Law & EconomicsVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
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Feb 18, 2022 • 1h 1min

Deep Dive 209 – Who Should Decide Whether Drugs Are Available Over-The-Counter or by Prescription?

In October 2020, Michael Cannon and Jeffrey Singer proposed ending the U.S. Food and Drug Administration's authority to decide which drugs are available only by prescription. Their solution: leaving the decision to the drugs' manufacturers. This Regulatory Transparency Project program featured Michael Cannon, former FDA official Joshua Sharfstein, and moderator Dan Troy discussing prescription drugs, nonprescription drugs, and who decides.Featuring:- Michael Cannon, Director of Health Policy Studies, Cato Institute- Joshua Sharfstein, Vice Dean for Public Health Practice and Community Engagement, Bloomberg School of Public Health, Johns Hopkins University- [Moderator] Dan Troy, Chief Business Officer, Chief Administrative Officer, and General Counsel, ValoVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
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Feb 14, 2022 • 49min

Explainer 33 – Litigation Update: Shaw v. Metro. Gov't

On January 26, the Tennessee State Supreme Court heard oral arguments in Shaw et. al. v. Metropolitan Government of Nashville and Davidson County, a case in which the plaintiffs are challenging a zoning provision that prevented them operating businesses out of their homes. The city argues that the provision is "rationally related to the legitimate goal of protecting the residential nature of neighborhoods," while the plaintiffs contend the provision violates their state constitutional rights to substantive due process and equal protection.Paul Avelar and Braden Boucek, who are representing the plaintiffs in the case, joined the podcast to break down the case from their clients' point of view.Featuring:- Paul Avelar, Managing Attorney, Arizona Office, Institute for Justice- [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.
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Feb 11, 2022 • 59min

Deep Dive 208 – A Debate on COVID-19 Vaccine Mandates

On February 2, 2022, Lawrence Gostin, David Hyman, and Jenin Younes joined the Federalist Society's Georgetown Law Student Chapter to debate COVID-19 vaccine mandates.Featuring:- Lawrence Gostin, University Professor, Founding Linda D. & Timothy J. O'Neill Professor of Global Health Law, Faculty Director of O'Neill Institute for National & Global Health Law, Georgetown University- David Hyman, Scott K. Ginsburg Professor of Health Law & Policy, Georgetown University- Jenin Younes, Litigation Counsel, New Civil Liberties Alliance- [Moderator] Courtney Stone Mirski, Editor in Chief, Food and Drug Law Journal- [Introduction] Elizabeth Henry, President, Federalist Society's Georgetown Law Student ChapterVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
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Feb 9, 2022 • 1h 1min

Deep Dive 207 – Litigation Update: Investigating Title VI and Title IX Complaints

Title IX of the Education Amendments of 1972 supplemented Title VI of the Civil Rights Act of 1964 to include, in addition to barring discrimination on the ground of race, color, or national origin, sex as a protected class in federally funded education programs or activities. The purpose of enacting Title IX was to ensure that everyone, regardless of sex, would enjoy a discrimination-free educational experience.In the years since their enactment, observers have accused colleges and universities of violating Titles VI and IX in various ways. Many Title IX concerns have involved single-sex, female-only programs, scholarships, awards, fellowships, camps, clubs, etc. Others have involved single-sex, male-only programs. And recently, programs or scholarships for BIPOC-only or people of color have invoked Title VI concerns. One such observer of these potential civil rights violations is professor emeritus of economics at the University of Michigan, Mark Perry.Over the last three years, Professor Perry has identified more than 1,200 Title IX and Title VI alleged violations and has filed complaints with the Department of Education's Office for Civil Rights (OCR) against nearly 400 colleges and universities which have resulted in nearly 200 federal investigations and more than 100 resolutions, mostly in his favor.However, after years of this work, Professor Perry announced recently that he has noticed what he describes as a "significant departure from past practices" in what OCR now requires of Title VI and Title IX complaints. Professor Perry joined Devon Westhill to provide an update on his civil rights advocacy and what he views as "troubling signs" at the Biden-Cardona-Lhamon OCR for a discrimination-free educational experience for all.Featuring:- Mark Perry, Senior Fellow, American Enterprise Institute- [Moderator] Devon Westhill, President and General Counsel, Center for Equal OpportunityVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
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Feb 2, 2022 • 33min

Tech Roundup 13 – Autonomous Vehicles: Where Are We Now?

Experts Marc Scribner and Adam Thierer join us to provide an update on autonomous vehicle (AV) policy. Why has Congress been unable to pass significant AV legislation? How have the Department of Transportation and state governments filled that void? What are the best and worst examples of how governments should approach AVs?Related Reading:- "Congress' failure to enact an automated vehicle regulatory framework is an opportunity for states"(https://reason.org/commentary/congress-failure-to-enact-an-automated-vehicle-regulatory-framework-is-an-opportunity-for-states/)- "Challenges and Opportunities for Federal Automated Vehicle Policy"(https://reason.org/policy-brief/challenges-and-opportunities-for-federal-automated-vehicle-policy/)- "10 Best Practices For State Automated Vehicle Policy"(https://reason.org/policy-brief/10-best-practices-for-state-automated-vehicle-policy/)- "Elon Musk and the Coming Federal Showdown Over Driverless Vehicles"(https://www.discoursemagazine.com/economics/2021/11/22/elon-musk-and-the-coming-federal-showdown-over-driverless-vehicles/) Featuring:- Marc Scribner, Senior Transportation Policy Analyst, Reason Foundation- [Moderator] Adam Thierer, Senior Research 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.
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Jan 20, 2022 • 49min

Explainer 32 – The Vaccine Mandate Cases and the Future of Administrative Law

On January 13, the Supreme Court stayed the Occupational Safety and Health Administration's (OSHA) COVID-19 vaccine-or-test mandate for large businesses, but allowed a vaccine mandate for staff at facilities receiving Medicare and Medicaid funding to go into effect. An expert panel joined us to break down these rulings' implications for administrative law, with a particular focus on what they might mean for the future of the non-delegation and major questions doctrines.Featuring:- Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center- Ilan Wurman, Associate Professor of Law, Sandra Day O'Connor College of Law, Arizona State University- [Moderator] Luke A. Wake, Attorney, Pacific Legal FoundationVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
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Jan 12, 2022 • 1h 8min

Deep Dive 206 – Intellectual Property in a Pandemic: The Proposed COVID-19 WTO Waiver

In October 2020, India and South Africa filed a request at the World Trade Organization (WTO) to create an exemption from an international treaty known as TRIPS (Trade-Related aspects of Intellectual Property Rights) for technologies, drugs, and vaccines used to respond to the COVID-19 pandemic. If the WTO adopts the waiver, countries could refuse to issue and protect IP rights for those technologies.Some argue that the waiver is a necessary measure that would give a boost to the global fight against COVID-19, but others contend it would do little to help defeat the current pandemic and could hinder future innovation. An expert panel joined us to discuss the proposed waiver and weigh the arguments on each side of the debate.In October, members of RTP's Intellectual Property Working Group published a white paper on the same topic, which you can read here:https://regproject.org/paper/covid-vaccine-ip-waiver-a-pathway-to-fewer-not-more-vaccines/Featuring:- Andrei Iancu, Partner, Irell & Manella LLP- David Kappos, Partner, Cravath Swaine & Moore LLP- Arti Rai, Elvin R. Latty Professor of Law, Duke University School of Law- [Moderator] Saurabh Vishnubhakat, Professor of Law, Texas A&M University School of LawVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

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