RTP's Fourth Branch Podcast

Following concerns about the information collected by and influence of the immensely popular Chinese-owned social media app TikTok, debates have sprung up: should TikTok be banned?Some contend that TikTok poses a tangible and imminent threat to the United States’ national security, and that as such it should be banned immediately. Others assert it is a valuable and important platform for free speech, and that a full ban would violate citizens’ rights. These contrasting positions raise some important questions: is TikTok a threat to national security, and if so how should that be handled? Does TikTok’s “Project Texas,” which would purportedly have U.S. TikTok user data stored by a U.S. company suffice? Can one simply place restrictions on its use for individuals who deal with sensitive data (government employees, military members, etc.) or does the threat require a full ban? Additionally, who can/ should implement those restrictions? For a ban to be effective does it need to be national, or can states act effectively to restrict or ban TikTok themselves? Featuring:Jamil N. Jaffer, Adjunct Professor, NSI Founder, and Director, National Security Law & Policy Program, Antonin Scalia Law School, George Mason UniversityWill Duffield, Policy Analyst, Cato Institute[Moderator] Jennifer Huddleston, Technology Policy Research Fellow, Cato InstituteVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

On June 13, 2013, the Supreme Court issued its unanimous decision in Association for Molecular Pathology v. Myriad Genetics Inc. a case that would ban attempts to patent naturally occurring DNA sequences.Now, ten years down the line with a decade of hindsight, Dr. Roger Klein, who played a central role as an expert, advisor, and spokesperson for the Association for Molecular Pathology in AMP v. Myriad, joins us to discuss this important case. In this Explainer we discuss the context surrounding this case, the debates that arose, and the impact this rule had across the past 10 years. Featuring:Dr. Roger D. Klein, Faculty Fellow, Center for Law, Science & Innovation Sandra Day O'Connor College of LawVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

In this Tech Roundup episode, we delve into the discussions raised by the U.S. Senate Judiciary Committee's recent hearing on AI regulation.Neil Chilson and Adam Thierer offer an in-depth analysis of the various approaches to AI that are being considered by regulators and in public policy circles – from voluntary efforts by the industry to promote transparency and accountability to advocating for licensing and testing requirements for AI deployment to the prospect of a global regulatory body for AI. They explore whether AI presents fundamentally new questions for policymakers, or whether regulators already have the tools they need. They discuss the risk of over-regulating this new innovative space and the potential consequences of doing so. Don't miss out on this extensive conversation on one of the most important issues in tech policy today.Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

On April 6, 2023, the Biden Administration announced two new efforts to "modernize regulatory review" – the first through the signing of Executive Order 14094 and the second through proposing revisions to OMB's Circular A-4, the government-wide guidance on regulatory analysis. Public comments on the proposed revision of Circular A-4 are due by June 6, 2023.In this Explainer podcast, Howard Beales, Karen Harned, and Paul Ray discuss the new developments around how the Biden Administration and federal agencies will approach cost-benefit analysis. They explore the importance of long-standing regulatory review processes, concerns around the potential politicization of cost-benefit analysis, changes to the threshold for OIRA to review regulations, and how these developments may ultimately affect the American people.Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Biosimilars, a category of biologic (medicine derived from a living organism), require approval, at least in the U.S. by the Food and Drug Administration (FDA). There are two types of approval the FDA can give a biosimilar: “approved” and “interchangeable.” This distinction, unique to the U.S. system, along with the burden of proof required by the FDA, can cause confusion and create challenges for manufacturers seeking to get a biosimilar licensed. In this podcast Dr. Roger Klein (M.D. J.D.) joins us to provide an introduction to biologics & biosimilars: what they are, how they are regulated/ approved in the United States, and what the effects of our current regulatory system can be for the approval of biosimilars. Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

The United States Department of Housing and Urban Development’s Affirmatively Furthering Fair Housing rules have careened wildly back and forth as administrations have changed. Most recently, on February 9, 2023, the Department of Housing and Urban Development published in the Federal Register a proposed regulation entitled “Affirmatively Furthering Fair Housing.” Under this version, HUD would require recipients of federal financial assistance to do more than simply stamp out discrimination, but rather to take affirmative action to overcome disparate racial outcomes in housing.HUD first proposed detailed regulations concerning AFFH during the Obama administration, and ultimately adopted final regulations in 2015, which required more than 5,000 program participants, including states, municipalities, and public housing authorities to develop plans, utilizing a computer based geospatial mapping and data tool and a template of required questions to address “fair housing issues” such as perceived disparities in access to areas of opportunity. Implementation was delayed under the Trump administration, but the first attempt at an alternative regulation, which would have focused grantees’ efforts on the dismantling of regulatory barriers to housing production, was never finalized, and, instead, a final regulation that replaced the 2015 rule with a barebones certification requirement was implemented at the end of his term. That regulation, in turn, was repealed early in the Biden administration before it then published the proposed rule this February. Under it, communities must affirmatively address any existing patterns of adverse impact by providing housing for them in better areas or, alternatively, transforming the community. It focuses on state and local jurisdictions preparing “equity plans” that describe how they will incorporate procedures, not only with respect to housing but also education, transportation, and other local planning considerations, to advance more racially balanced communities. The comment period on the regulation ended on April 10, 2023.In this webinar, a panel of ideologically diverse experts will discuss the latest proposal of HUD’s AFFH requirements for state and local governments.Featuring:Paul Compton, Founding Partner, Compton Jones DresherThomas Silverstein, Associate Director, Fair Housing & Community Development Project, Lawyer' Committee for Civil Rights Under 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.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

This webinar will explore central bank digital currencies (CBDCs) and the ongoing debates over financial privacy, especially in relation to use of cryptocurrencies and other software privacy tools. The webinar will begin with a discussion between Rep. Tom Emmer, the Majority Whip of the U.S. House of Representatives, and Prof. J.W. Verret of the Antonin Scalia Law School regarding legislation introduced by Rep. Emmer and a coalition of members to prevent the Federal Reserve from introducing a CBDC. They will also discuss the Treasury Department's sanctioning of the Tornado Cash privacy protocol and the legal authority of that action. This discussion will be followed by an expert panel that will further explore these issues, as well as legislation proposed by Sen. Elizabeth Warren to ban crypto and other software privacy tools.

In March 2022, the Securities and Exchange Commission proposed a new rule that would establish climate-risk disclosure requirements for public companies. The 490-page proposal includes requirements for disclosing direct greenhouse gas emissions (scope 1) and indirect emissions related to use of electricity or other forms of energy (scope 2). While supporters hailed the proposed rule’s effort to standardize the disclosures many ESG-focused funds have been making, others zeroed in on a requirement that would obligate larger companies to disclose GHG emissions from upstream suppliers and downstream customers (scope 3).After receiving thousands of comments favoring and opposing the proposal, the SEC postponed its target date for finalizing the rule to spring 2023. Much of the debate centers on the scope of the SEC’s authority to mandate climate risk disclosure, an issue that took on additional dimensions after the Supreme Court’s June 2022 decision in West Virginia v. EPA, which struck down an EPA rule regulating GHG emissions under the Clean Air Act as contrary to the “major questions doctrine.” Many predict that the final ESG rule will be litigated regardless of what changes the SEC may make to address issues that commenters raised.With the SEC ESG final rule expected soon, this program brings together distinguished speakers who will outline the arguments for and against the SEC’s effort to regulate in this area.Paul Ray leads The Heritage Foundation’s work on regulatory and economic policy as Director of the Thomas A. Roe Institute for Economic Policy Studies, building on his previous experience as Senate-confirmed Administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget. He has written widely on a number of regulatory issues, including the SEC’s authority to set corporate climate policy.George Georgiev is an Associate Professor of Law at Emory University Law School, focusing on Business Law, Corporate Governance, Securities Regulation, Mergers & Acquisitions, Corporate Finance, and Executive Compensation. Professor Georgiev co-authored an analysis affirming the SEC’s authority to adopt climate-related disclosure rules, and filed comments in the rulemaking.The panel will be moderated by Jane Luxton, Managing Partner of the Washington, DC office of Lewis Brisbois Bisgaard & Smith, and co-chair of the firm’s Administrative Law & Regulatory Practice.

Food is a necessity for life. It should therefore surprise few that the federal government regulates the production and processing of food before it reaches our dinner tables. Labels indicating some meats are “USDA-Prime” or confirming that the product was inspected and approved as safe before delivery to the grocery store reflect this regulatory role.While labels may make the regulation apparent, which part of the administrative state handles that regulation can be less clear. Two agencies: the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) -- part of the Department of Health and Human Services -- both have jurisdiction over the foods we consume. Which agency handles what is not always apparent. Recent illnesses and deaths involving baby formula and spinach -- both under the FDA's inspection jurisdiction -- have emphasized that regulatory structure can have life-or-death consequences. This has led some on both sides of the aisle to suggest a revamp of how we handle food safety regulation. One group contends the FDA should take the lead (Food being literally in the name); a second argues the USDA should run point (agriculture being the first step to food production), and a third group argues creating a separate agency entirely would be the best solution. The FDA itself has proposed an internal reorganization to emphasize its food safety mandate.This panel of FDA and USDA veterans whose service spanned multiple administrations will examine the questions (1) how safe is our food, (2) is a reorganization of the agencies that handle food safety necessary to achieve the maximum level of safety, and (3) how should such a reorganization look.Featuring:Dr. Mindy Brashears, Associate Vice President of Research, Endowed Chair, Professor & Director, International Center for Food Industry Excellence, Texas Tech University; Former Under Secretary of Agriculture for Food Safety, United States Department of AgricultureDr. Stephen Ostroff, Former Acting Commissioner and Former Deputy Commissioner for Foods and Veterinary Medicine, United States Food and Drug AdministrationFrank Yiannas, Former Deputy Commissioner for Food Policy and Response, United States Food and Drug Administration[Moderator] Hon. Stephen Alexander Vaden, Judge, United States Court of International Trade; Former General Counsel of the United States Department of AgricultureVisit our website - www.RegProject.org - to learn more, view all of our content, and connect with us on social media.

On December 30, 2022, the Environmental Protection Agency (EPA) published an updated rule on the Renewable Fuel Standard (RFS) that represents a significant departure from previous RFS rules. It includes a major new regulatory regime for Renewable Identification Numbers from renewable electricity (eRINs) and it proposes renewable fuel volume targets that are no longer prescribed in statute.In this webinar, leading experts will provide background on the RFS, delve into the details of the proposed rule, including its potential costs and benefits, and address questions regarding statutory authority and the non-delegation doctrine. Within the next two months, the agency is expected to finalize this rule that could drastically change the nature of the RFS.Featuring: Jonathan Brightbill, Partner, Winston & Strawn LLPBrendan Williams, Vice President of Government Relations, PBF Energy[Moderator] Daren Bakst, Senior Fellow and Deputy Director of the Center for Energy and Environment, Competitive Enterprise InstituteVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.