A Hard Look

Our guests from Phillips Black return to give an update after a month of having their report and law review article published!

Today, we are excited to feature a current law student on the Podcast. Joining us is a second-year law student, Jo Ross. Jo is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of his graduation requirements, has written an incredible paperdiscussing the Environmental Protection Agency’s wastewater monitoring practices. Specifically, Jo...

On this episode, we take a profoundly hard look at the ethical landscape of criminal defense lawyering through the lens of a Pennsylvania-specific criminal post-conviction procedure called the  Finley  “No-Merit” letter. With us for this discussion is an esteemed group of individuals from Phillips Black, a nonprofit public interest law practice dedicated to providing the highest quality of legal r...

Today, we are excited to feature another current law student on the Podcast. Joining us is second year law student, Nicole Paredes-Cisneros. Nicole is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of her graduation requirements, has written an incredible paper discussing the regulatory landscape surrounding social media design, with...

On this episode, we are so grateful to be joined by Matt Pawa to discuss the intersection of Environmental and Administrative Law. There may be no better person in the field to have as our guest today: Matt is a pioneer of environmental litigation, having been involved in many of the nation’s most important environmental cases for over 25years. Matt’s 13-year lawsuit against more than a dozen oil...

On this episode we speak with Nancy Lewis about the wide world of Government Contracts. While on its face, government contracts may not sound like the most glamorous field of law,beneath the surface there is a complex, dynamic, and endlessly challenging landscape. These behind the scenes, unsung heroes, help negotiate and execute everything from major federal IT overhauls to defense contracts that...

Today, for the first time ever, we are excited to feature a current law student on the Podcast. Joining us is second-year law student, Jared Zwettler. Jared is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of his graduation requirements, has written an incredible paperdiscussing the Federal Railroad Administration, otherwise referre...

This episode of A Hard Look dives into the regulation of cryptocurrency, one of the hottest and most complex topics in modern finance. From the rise of digital assets to the challenges of oversight and enforcement, crypto is testing the boundaries of financial law and innovation. But how is the regulatory landscape evolving? What are the risks and opportunities of digital assets? And with the new...

In this season's final installment of the Hard Look Series , we take a focused look back at the first 100 days of Donald Trump’s presidency—not through the lens of news headlines or viral clips, but through the quieter, often more consequential corridors of administrative law. Professors Jennifer Selin and Chris Walker join us to reflect. View the transcription here . Show Notes: Presidential...

On this episode of A Hard Look, we examine the President’s power to remove independent agency officials. That’s right! We’re going all the way back to the 1935 landmark decision in Humphrey’s Executor v. United States . Helping us navigate this discussion is Daniel Wolff, Partner at Crowell & Moring LLP, and head of the firm’s administrative law practice. Tune in for an in-depth discussion on...

On this episode of  A Hard Look , we’re discussing the implications of the Supreme Court’s decision in  Loper Bright ; the case that overruled the infamous  Chevron  Doctrine. Since last summer, there has been meaningful legal developments within lower circuits. Professor of Law and legal scholar,  Cary Coglianese , joins us to discuss what—if any—indications these decisions mean for a post- Loper...

How did a chaotic Taylor Swift ticket sale lead to DOJ filing a suit against the largest entertainment company in the world?  In yet another example of how administrative law touches our everyday lives, we examine the DOJ’s pursuit to exercise its enforcement powers by pursuing antitrust claims against Live Nation and its subsidiary, Ticketmaster.  Attorney  Reb Masel  from  Rebuttal Podcast , joi...

In our second installment of our new “Quick Look” series, we review the Administrative Procedure Act—or APA—a vital statute that is key to navigating and influencing the regulatory world.   Show Notes: Administrative Procedure Act, Pub L. No. 79-404, 324 Stat. 237 (1946) ACUS Sourcebook Judicial Review Under the Administrative Procedure Act (APA)  by Congressional Research Service Administrative L...

Welcome back to A Hard Look! This offers a deeper dive into The Mandate for Leadership, also known as Project 2025. In Part Two, we analyze the document alongside experts Dr. Don Kettl and Dr. Jennifer Selin. Visit our website:  https://administrativelawreview.org/podcast-a-hard-look/ Learn more about our guests Jennifer Selin: Google Scholar Profile Don Kettl: LinkedIn Recommended Readings Herita...

Welcome back to A Hard Look! This episode provides an objective overview of The Mandate for Leadership , also known as Project 2025. This is Part One, of our two-part series on Project 2025. Stay tuned for Part Two, which is a Q&A with legal and policy experts. , Visit our website :   https://administrativelawreview.org/podcast-a-hard-look/ Recommended Readings Heritage Foundation Project 2025...

Welcome back to A Hard Look! Listen to our first episode of our new “Quick Look” series, where we provide insight into foundational administrative law principles. In today’s episode, we start with basics and define administrative law, provide an overview of its principles, and discuss its development within the United States. Show Notes Visit our website: https://administrativelawreview.org/podcas...

A Hard Look, a podcast by the Administrative Law Review, covers recent events in administrative law, regulatory policy, and the critiques and praise of various regulations and their efficacy. This season, stand by for our new series: A Quick Look and A Hard Look at What's to Come, in addition to our traditional A Hard Look episodes! If you have any questions about the podcast, or if you would like...

On this Episode of A Hard Look , Senior Technology Editor Bennett J. Nuss interviews Professor Mark Rotenberg regarding immunities provided to government officials, especially the President and Executive Branch. The conversation ranges from a history of official immunities in the United States, the distinctions between civil and criminal immunity, and rounding out with a discussion of the ongoing...

In this Episode of A Hard Look , ALR Senior Technology Editor, Bennett J. Nuss interviews Professor James Ridgway about the practical effects of an ambiguous ambiguity doctrine as promulgated by Chevron , using Veteran’s Law as a case example. This discussion ranges from a discussion of the history of Veterans Law, a critical examination of the motivators within administrative agencies which may c...

On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews ABA Administrative Law and Regulatory Practice Section Chairman Adam White regarding the current state of Administrative Law in the United States and what to expect out of what is almost certain to be a groundbreaking year. The conversation ranges ⁠ from the ABA’s role in the promotion of administrative law doc...

On this Episode of  A Hard Look , ALR Senior Technology Editor  Bennett J. Nuss  interviews Holwell, Shuster & Goldberg Partner Daniel M. Sullivan  regarding the controversial Supreme Court case Loper Bright Enterprises v. Raimondo , which has the potential to completely overhaul Administrative Law as we know it. The discussion ranges from the critiques and weaknesses of Chevron doctrine, pote...

On this Episode of A Hard Look , ALR Senior Technology Editor Bennett J. Nuss interviews Professor Hilary J. Allen regarding the current status of federal banking regulation in light of the four bank failures in the United States earlier this year. The discussion ranges from the circumstances surrounding the failure of the Silicon Valley Bank, how the public’s response to the failure may be overst...

On this Episode of A Hard Look , ALR Senior Technology Editor Bennett J. Nuss interviews Professor Daniel Cohen regarding the current rise of Major Questions Doctrine in American Jurisprudence in contrast to the perceived fall of Chevron Doctrine. The conversation goes from an interrogation of current judicial review methods for agency action, to investigating potential issues with Major Questions...

In this episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews current Washington College of Law 3L and Senior Articles Editor Mehraz Rahman regarding her comment published in ALR Volume 75.3. In this episode, we review the ongoing controversies surrounding Title IX sexual misconduct adjudication on college campuses, and how standards for holding these adjudications have chang...

On this episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews Adam Pollock , a 3L at American University Washington College of Law and current Editor for Online Publications. In this episode, we review the systemic structure of the Bureau of Immigration Appeals, and how this system is operating considering the ever-growing strain of immigration on U.S. Courts. We also interro...