
RTP's Fourth Branch Podcast
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies. On RTP’s Fourth Branch Podcast, leading experts discuss the pros and cons of government regulations and explain how they affect everyday life for Americans.
Latest episodes

Aug 8, 2024 • 27min
Explainer Episode 70 - Litigation Update III: The Supreme Court takes the Vape case--Food and Drug Administration v. Wages and White Lion
On July 2, 2024, the US Supreme Court granted certiorari in the case, Food and Drug Administration v. Wages and White Lion Investments, LLC. In Explainer Episode 70, expert Jeff Stier discusses the FDA's regulatory action prohibiting specific vape flavors from being sold by these two companies, and the legal issues that the Supreme Court will review in the October 2024 term. What are the implications of the FDA prohibiting the sale of these vape flavors? What regulatory process did the FDA use to make this determination? Why did the FDA decide to allow certain vape flavors, and not others? What are the effects on the FDA's decision in this case on smokers? In promoting public health? On consumers? On the companies?

Jul 23, 2024 • 1h 2min
Deep Dive 292 - Utah v. Su: Are DOL (and SEC) regulations that encourage ESG investing lawful?
The panelists will discuss Biden Administration policies and regulations at the DOL and SEC addressing investing based on environmental, social, and governance (or “ESG”) factors; whether they are consistent with statutory law; and whether the agencies followed appropriate administrative processes in promulgating these ever-evolving policies.Moderator: Gregory Jacob, Partner, O'Melveny & Myers LLPSpeakers:Paul Atkins, Chief Executive Officer, Patomak Global Partners LLCElliot Gaiser, Associate, Boyden Gray & Associates PLLCSharon Rose, Partner, Berliner Corcoran & Rowe LLP

Jun 18, 2024 • 59min
Explainer 69 - Discussing the Anti-Semitism Awareness Act
In this episode of the Fourth Branch Explainer podcast, Prof. Eugene Volokh, from UCLA Law School, and Prof. David Bernstein, from the Antonin Scalia Law School, discuss the features, implications, and possibilities of the Anti-Semitism Awareness Act.

Jun 11, 2024 • 25min
Explainer 68 - Discussing the Pregnant Workers Fairness Act
The Regulatory Transparency Project’s Fourth Branch Podcast presents Explainer Episode 68. In this Fourth Branch Explainer podcast, Rachel N. Morrison from the Ethics and Public Policy Center (EPPC) discusses the implications of the Pregnant Workers Fairness Act Regulations recently released. Listen in as Morrison discusses the pros and cons of new rules.

May 29, 2024 • 59min
Deep Dive 291 - Assessing the Federal Data Privacy Landscape: A discussion of the American’s Privacy Rights Act
Congress has been working on comprehensive federal data privacy legislation for decades without reaching agreement. But the finish line may be closer today than before. With the recent introduction of the American’s Privacy Rights Act (APRA), the chairs of the Senate and House Commerce Committees announced a bipartisan compromise, hoping to end the legislative stalemate.Our panel of data privacy experts will take a deeper look at APRA, including its provisions and implications. Who wins and who loses in APRA’s mix of provisions from preemption to enforcement? Is the decision to embrace regulation of algorithmic decision-making a deal maker or breaker? And does it stand a chance of passing in an election year? Tune in to hear our panelists explore the ongoing dynamic of federal privacy legislation in the United States.Register and Join the webinar on May 23rd at 3 pm EST.

May 28, 2024 • 46min
Explainer 67 - Veterans' Benefits Reforms How Healthcare Influences Foreign Policy
The Regulatory Transparency Project’s Fourth Branch Podcast presents Explainer Episode 67. In this Fourth Branch Explainer podcast, health policy experts Michael Cannon and Christina Sandefur discuss the regulatory landscape of veterans’ benefits, and how veterans’ healthcare impacts American foreign policy. The experts discuss Michael Cannon’s new book “Recovery”.

May 8, 2024 • 1h 3min
A Discussion on the Biden Administration’s New Title IX Regulations
The Regulatory Transparency Project presents a panel of legal experts, including Bob Eitel, Christian Corrigan, Will Trachman, and Kim Richey. Watch as these experts discuss the Biden Administration’s newly released Title IX Regulations and their implications for educational institutions, school districts, students, faculty, and parents. Join us for this webinar at 1 pm EST on May 8th.

May 7, 2024 • 24min
Explainer 66 - Strategic Petroleum Reserve
Earlier this year, the U.S. Energy Information Administration reported that the nation’s Strategic Petroleum Reserve, or SPR, held approximately 358 million barrels, its lowest level in forty years. Is that a problem? What is the SPR and how is it supposed to operate? How much petroleum is it supposed to hold?Listen in on the Regulatory Transparency Project's Explainer Episode 66, as expert J. Kennerly Davis discusses SPR.

Apr 24, 2024 • 44min
Explainer 65 - Reviewing Michael Cannon's Book "Recovery"
In this RTP explainer episode 65, we are joined by Michael Cannon, Director of Health Policy Studies at the Cato Institute, and Christina Sandefur, Executive Vice President of the Goldwater Institute to discuss Michael Cannon’s new book, Recovery. Listen in as these experts consider the role of government agencies like the FDA in health spaces across America. "Recovery" discusses treatments approved by the FDA and the implications of approved drugs entering the market. Americans are inadvertently affected by the decisions of government agencies. With this said, "Recovery" argues the FDA takes away people’s rights to make their own health decisions. Does the FDA prohibit safe and effective drugs from entering the market? In this episode, experts discuss the implications of the decisions made by the FDA and the consequences of unsafe access to drugs. Copies of Michael Cannon’s book can be found at, https://www.cato.org/books/rec...

Apr 24, 2024 • 1h 4min
Deep Dive 289 - Grading the Biden DOL and NLRB’s Use of Regulatory Authorities
The Regulatory Transparency Project (RTP) is pleased to host a stellar panel of top labor and employment law experts for a lively discussion in which our panelists will grade the Biden Administration’s administrative, regulatory, and enforcement activity under the Department of Labor (DOL) and the National Labor Relations Board (NLRB).How have these agencies’ approaches to administrative law under the Biden Administration been similar to or different from prior administrations? Where have they been aggressive, where have they been conservative, and why? What have been the regulatory successes of the first three years? The failures? And what unaddressed or latent regulatory issues might the agencies be taking up in 2024 (and beyond)? Tune in and find out how the experts view the Biden Administration’s actions from divergent points of view.Featuring:Moderator: Gregory Frederick Jacob, Partner, O'Melveny & Myers LLPJudy Conti, Government Affairs Director, National Employment Law ProjectHon. Philip Miscimarra, Partner, Morgan, Lewis & Bockius LLPTimothy Taylor, Partner, Holland & Knight LLP