RTP's Fourth Branch Podcast

This podcast features a fascinating back-and-forth on the implications of new amendments to California's privacy law, CCPA (California Consumer Privacy Act). Is California setting the law of the land? How will the FTC respond? What will this mean for interstate online commerce? These and other questions are explored in the episode.Featuring:- Ian Adams, Vice President of Policy, TechFreedom- Joseph Jerome, Policy Counsel, Privacy & Data, Center for Democracy & Technology- [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.

On September 10, 2019, The Federalist Society hosted a luncheon cosponsored with the Center for Equal Opportunity (CEO). CEO released and presented a new study and report entitled “Race and Ethnicity in Undergraduate Admissions at Five Virginia Universities," which examined how admissions programs at five Virginia public universities (University of Virginia, College of William & Mary, Virginia Tech, James Madison University, and George Mason University) preference certain applicants based on race. The results of the study and its implications for the broader academic discussion of racial preferences in college admissions were discussed by the panelists.Featuring:- Todd Gaziano, Chief of Legal Policy and Strategic Research and Director, Center for the Separation of Powers, Pacific Legal Foundation- Althea Nagai, Research Fellow, Center for Equal Opportunity- Theodore M. Shaw, Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law- Hans A. von Spakovsky, Senior Legal Fellow, The Heritage Foundation- Moderator: Linda Chavez, Chairman, Center for Equal OpportunityVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

The status of independent contractors in California has been hotly debated over the past year, with the landmark California Supreme Court decision in Dynamex and with the resulting debate over California’s Assembly Bill 5. The ABC test, if ultimately adopted in the Golden State, would reclassify as employees millions of workers who currently operate as independent contractors. The impact on California's economy – the fifth largest in the world – could be extraordinary.In this episode, Bruce J. Sarchet gives an overview of the ABC Test; an analysis of the provisions of California’s AB 5; a discussion of the potential impacts on the California and U.S. economy should the bill be passed into law; and options for compliance.Featuring:- Bruce J. Sarchet, Shareholder, Littler Mendelson P.C.Visit our website – ww.RegProject.org – to learn more, view all of our content, and connect with us on social media.

What are the costs and benefits of occupational licensing? Why do many believe that the laws around licensing ought to be reformed, and what has Arizona been doing to address these concerns? Jon Riches of the Goldwater Institute gives an overview of this issue as it has played out in the Grand Canyon State.Featuring:- Jon Riches, Director of National Litigation, Goldwater InstituteVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

Is “investor protection” coordinated sufficiently with “promotion of capital formation”? This teleforum will consider this question in connection with recent public rulemaking developments at the Securities and Exchange Commission. Public companies in the United States are subject to requirements (i) to establish and maintain internal control over financial reporting and (ii) to have their external auditors attest to, and report on, management’s assessment of these internal controls. These requirements, which some have criticized as imposing excessive costs on smaller public companies, were introduced in part as a reaction to corporate scandals. The Securities and Exchange Commission recently proposed amendments to the existing regulations that would, if adopted, lighten the regulatory burdens for smaller reporting issuers. Some proponents of the amendments argue that exempting smaller issuers from some requirement is critical to promoting their capital formation activities; some opponents contend that the proposed amendments could jeopardize the investor-protection elements of the capital markets. Featuring: John Berlau, Senior Fellow, Competitive Enterprise Institute Wes Bricker, US & Mexico Assurance Leader and Vice Chair, PwC Prof. J.W. Verret, Associate Professor of Law, Antonin Scalia Law School [Moderator] C. Wallace DeWitt, Senior Counsel, Allen & Overy LLP Visit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

In this episode, Alexander Major and Franklin Turner, nationally recognized commentators in this area, will discuss the recent changes to critical requirements promulgated by the National Institute of Standards and Technology, the auditing effort underway by the Defense Contract Management Agency, and DoD’s looming Cybersecurity Maturity Model Certification (CMMC) program. The discussion will be moderated by Dan Kelly.Featuring: - Alexander Major, Partner and Co-Leader of Government Contracts & Export Controls Practice Group, McCarter & English LLP- Franklin Turner, Partner and Co-Leader of Government Contracts & Export Controls Practice Group, McCarter & English LLP- [Moderator] Daniel Kelly, Partner, Government Contracts & Export Controls Practice Group, McCarter & English LLPVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

"Techlash" refers to a growing public concern over the behavior of big technology companies and the call for government action to curtail what are seen as abusive practices. Figures on the right and the left alike have expressed concerns of over privacy, free speech, and fairness on online platforms. Most recently, 50 attorneys general have launched an investigation into Google for violations of antitrust law.In this episode, Adam Thierer moderates a discussion between Geoffrey Manne and Hal Singer on whether these concerns represent genuine consumer harm and whether antitrust law is an appropriate means to address them.Featuring:- Geoffrey Manne, President and Founder, International Center for Law & Economics- Hal Singer, Managing Director, Econ One- [Moderator] Adam Thierer, Senior Research Fellow, Mercatus Center, George Mason University Resources discussed in today's episode:- "Concluding Comments: The Weakness of Interventionist Claims (FTC Hearings, ICLE Comment 11)" (https://laweconcenter.org/resource/icle-comments-ftc-hearings-on-competition-consumer-protection-in-the-21st-century-summary/)- "The Real Reason Foundem Foundered" (https://laweconcenter.org/resource/the-real-reason-foundem-foundered/)- "Google and the Limits of Antitrust: The Case Against the Antitrust Case Against Google" (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1577556)- "How Big Tech Threatens Economic Liberty" (https://www.theamericanconservative.com/articles/how-big-tech-threatens-economic-liberty/)- "Sorry, Mr. Delrahim: Big Tech’s Worst Abuses Can’t Be Cured Without Stiffer Regulation" (https://promarket.org/mr-delrahim-big-tech-worst-abuses-cant-be-cured-without-stiffer-regulation/)Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Jon Kotler, a California fan of the London soccer club Fulham FC, wanted to put the letters "COYW" on his license plate. The letters stand for a common phrase that Fulham fans use to support their team: "Come on You Whites!" "White" is meant to refer to the color of Fulham's home kits, but the DMV deemed the acroynym offensive and prevented Kotler from using it.Kotler filed a federal suit claiming that the DMV had violated his free speech rights. In this short episode, Wen Fa, an attorney in the case, describes the details.Featuring:- Wen Fa, Attorney, Pacific Legal FoundationVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

The Endangered Species Act has been credited with preventing extinctions but criticized for failing to recover species and imposing unfair burdens on property owners. Recently, the U.S. Fish and Wildlife Service and the National Marines Fisheries Service finalized several new Endangered Species Act regulations intended to improve the law’s implementation and promote species recovery. Lawsuits challenging those regulations are expected from several states and conservation groups.Featuring:- Jonathan Wood, Senior Attorney, Pacific Legal Foundation- [Moderator] Daren Bakst, Senior Research Fellow in Agricultural Policy, The Heritage FoundationVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

In this episode, Jeff Holmstead and Megan Herzog discuss the recent rule change from the EPA on emissions standards. The Affordable Clean Energy plan replaces the Obama-era Clean Power Plan. The reduction in admissions standards has raised new questions: what does the Clean Air Act authorize EPA to regulate, how much discretion does EPA have in regulating emissions, which plan more closely fits the intent of the original law? These and other questions are taken up in this engaging discussion.Featuring:- Jeffrey R. Holmstead, Partner, Bracewell LLP- Megan Herzog, Special Assistant Attorney General, Massachusetts Attorney General's OfficeVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.