Gray Matters

Former Secretary of Labor Eugene Scalia delivers the Second Annual C. Boyden Gray Lecture on the Administrative State. Following an introduction by Boston University School of Law Dean Emeritus Ron Cass , Secretary Scalia discusses his time working at the Department of Labor and how his experience leading a cabinet agency affected the way he thinks about debates involving the administrative state....

Former Director of the Office of Management and Budget Mick Mulvaney and Stanford Law Professor Michael W. McConnell discuss the importance of Congress's power of the purse in constitutional government, an issue of significant importance in cases now before the Supreme Court, in a conversation with Gray Center Co-Executive Director Adam White .

Ronald A. Cass, Sally Katzen, and Noah J. Philips kick off the 2023 Annual Gray Lecture with a conversation about the "rule of law" in administrative law. This panel discussion builds on a forthcoming symposium featuring essays on the rule of law that will soon appear in the NYU Journal of Law & Liberty. The Gray Center and the NYU JLL cohosted an event in February on campus at NYU to discuss...

Adam White and Jace Lington talk with Judge Glock, director of research and senior fellow at the Manhattan Institute, about how progressive reformers designed independent regulatory commissions to replace the function of juries, the subject of his new article in Regulation magazine. Glock argues that the original approach to staffing regulatory commissions during the Progressive Era focused on......

The Honorable Neomi Rao gives keynote remarks about the tendency of courts to look at tradeoffs between the executive and judicial branches and largely ignore Congress in separation of powers cases. Her speech came out of a forthcoming symposium in the NYU Journal of Law & Liberty and took place on campus at NYU. Source

Professors Gary Lawson and Sally Katzen join Adam White to talk about the Roberts Court and administrative law on a panel moderated by Judge Steven J. Menashi. The discussion came out of a forthcoming symposium in the NYU Journal of Law & Liberty and took place on campus at NYU. Source

Professors Noah A. Rosenblum, Thomas W. Merrill, and Philip Hamburger talk about what the rule of law means in the context of administrative law on a panel moderated by Judge Rachel P. Kovner. The discussion came out of a forthcoming symposium in the NYU Journal of Law & Liberty and took place on campus at NYU. Source

Adam White and Jace Lington chat with Andrew Wheeler and Reeve Bull about Virginia Governor Glenn Youngkin’s new approach to regulatory policy. They discuss the commonwealth’s new Regulatory Economic Analysis Manual and how it will change the way Virginia regulatory agencies approach their work. Executive Order 19, Development and Review of State Agency Regulations VA Regulatory Economic Analysis....

On January 9, 2023, the C. Boyden Gray Center hosted a symposium, “Administrative Law in the States,” with the Harvard Journal of Law & Public Policy and the Harvard Federalist Society. It featured the following participants: -Justice Brian Hagedorn, Wisconsin Supreme Court -Judge Jeffrey S. Sutton, United States Court of Appeals for the Sixth Circuit -Justice David N. Wecht... Source

Adam White and Jace Lington chat with Philip K. Howard about the problems public unions create for modern governance, the subject of his new book, Not Accountable: Rethinking the Constitutionality of Public Employee Unions. They discuss specific challenges faced by executive officials at the local, state, and federal level working with unionized employees and ways to address those issues. Source

Adam White and Jace Lington chat with EEOC Commissioner Keith Sonderling and his chief counsel, Brad Kelley, about how to address the threat of employment discrimination posed by artificial intelligence tools, the subject of their new article in the University of Miami Law Review. They discuss how AI can help make the hiring process easier for employers and how using those tools intersects with......

What do American and European administrative law have in common? How do they differ? And what might Americans and Europeans learn from each other? These questions were on the mind of Prof. Przyemyslaw Ostojski when he visited the Gray Center this year. As a professor at the Academy of Justice in Warsaw and a prosecutor in the Republic of Poland’s Attorney General’s Office, he is an expert on... So...

This episode is from the fourth panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Ashley Baker, Director of Public Policy, Committee for Justice Justin (Gus) Hurwitz, Professor of Law, Nebraska College of Law, University of Nebraska – Lincoln; The Menard Director, Nebraska Governance and Technology.....

This episode is from the third panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Jeffrey S. Lubbers, Professor of Practice in Administrative Law, Washington College of Law, American University Thomas W. Merrill, Charles Evans Hughes Professor, Columbia Law School The Honorable Eugene Scalia, Partner....

This episode is from the Keynote Speech of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It was given by William E. Kovacic, Director, Competition Law Center; Global Competition Professor of Law and Policy; Professor of Law, The George Washington University Law School; former Chairman... Source

This episode is from the second panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Svetlana Gans, Partner, Gibson, Dunn & Crutcher LLP Jennifer Mascott, Assistant Professor of Law & Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Scalia Law School Pa...

This episode is from the first panel of the Gray Center’s October 14 conference, “The Administration of Antitrust: The FTC and the Rule of Law.” It features the following experts: Andrew I. Gavil, Professor of Law, Howard University School of Law Thomas Hazlett, H.H. Macaulay Endowed Professor of Economics, Wilbur O. and Ann Powers College of Business, Clemson University Bernard (Barry) A. Nigro.....

Adam White and Jace Lington chat with Anthony P. Campau about his experience with regulatory budgeting during the Trump administration. They discuss Campau’s recent paper, Regulatory Budgeting in the U.S. Federal Government: A First-Hand Account of the Initial Experience and Recommendations for Future Regulatory Budgets, published as part of a symposium in the Harvard Journal of Law & Source

Adam White and Jace Lington chat with NYU Law Professor Richard Epstein and Meta Oversight Board Member John Samples about the debate surrounding whether and how to regulate Big Tech companies. They discuss Epstein and Samples’ recent papers, published as part of the Digital Platforms and American Life project at the American Enterprise Institute, and think about content moderation decisions in......

Join Prof. Steve Vladeck (U-Texas) & Prof. Jenn Mascott who discuss Prof. Mascott’s amicus brief in Nordlicht v. U.S. (21-1319), distributed for the Court’s 9/28 conference this week, that addresses Blackstone, Rule 33 motions, and a deep circuit split & Prof. Vladeck’s recently filed petition in Donziger v U.S. (22-274), addressing the Appointments Clause, special prosecutors, and a split...

Adam White and Jace Lington chat with NYU Professor Rachel E. Barkow about Florida Governor Ron DeSantis suspending a state attorney for announcing his intention not to prosecute certain cases involving abortion and other politically charged issues. They discuss how prosecutorial discretion works (or doesn’t), lessons the federal government can learn from state criminal law experience... Source

Adam White and Jace Lington talk with Emily Bremer from the University of Notre Dame Law School about the Administrative Procedure Act and her two recent law review articles about how the original understanding of administrative rulemaking and adjudication differs from current practice. They also discussed the Bremer-Kovacs Collection, which brings together original sources related to the 1946......

Adam White and Jace Lington, Research Director at the Gray Center, chat with Columbia Law School Professor Thomas W. Merrill about his new book: The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State. They discuss theChevron doctrine, how to think about judicial review of agency interpretations of statutes, and the Supreme Court’s recent decision in West Virginia v. So...

Professor Jenn Mascott is joined by Chad Squitieri, associate at Gibson, Dunn, & Crutcher LLP and Eli Nachmany, Senior Research Fellow at the C. Boyden Gray Center, to discuss the Supreme Court’s ruling in West Virginia v. EPA and what it means for the administrative state moving forward. Source

Boyden Gray, former White House Counsel and U.S. Ambassador to the European Union, chats with Gray Center Co-Executive Director Jennifer Mascott, where he described how Congress has changed over the decades, talked about his experiences as a law clerk at the US Supreme Court and as White House Counsel, and spoke about Justice Clarence Thomas’s legacy on the Court. From the Gray Center’s May 25......