Gray Matters

Jace Lington chats with Scalia Law Professor Donald J. Kochan about Florida and Disney. They discuss his recent paper applying public choice theory to Florida’s Reedy Creek Improvement Act of 1967 and why the special treatment Disney received from the state is not a good model for state and local regulation. Notes: Disney v. Democracy? A Public Choice and Good Governance Analysis of Florida’s Reed...

Adam White and Jace Lington chat with Law Professor Jed Handelsman Shugerman about lingering issues following the Supreme Court’s decision in the Biden v. Nebraska student loan case. They discuss a recent paper Shugerman presented at a Gray Center research roundtable, “Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine.” Notes: Biden v. Nebraska: The New Sta...

Adam White and Jace Lington chat with Law Professor Michael D. Ramsey about how originalists can defend the major questions doctrine as a substantive canon of interpretation. He examines post-ratification court practice and other substantive canons designed by judges to minimize the harms of judicial error when interpreting ambiguous statutes. Ramsey recently presented a paper on this subject at a...

Adam White and Jace Lington chat with Ronald A. Cass about the future of judicial deference to agency actions. They discuss Cass’s recent papers, “Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers,” published by the New York University Journal of Law & Liberty , and “Getting Deference Right,” published by National Affairs . Ron insists on the crucial distinction be...

The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring law professors Bridget C.E. Dooling and Kristin E. Hickman along with former OIRA Administrator Paul J. Ray and AEI Senior Fel...

The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring the Hoover Institution's John H. Cochrane and professors Kathryn Judge, Jonathan R. Macey, and Todd J. Zywicki, moderated by S...

This episode of Gray Matters is the first of a three-part series and came out of a recent conference we hosted about the future of financial regulation. In this episode, Adam White speaks with former FDIC Chairman Jelena McWilliams about the current state of banking regulation. They discuss presidential oversight of the FDIC, how chairman McWilliams thought about her role, and the most pressing is...

Adam White and Jace Lington talk with Jonathan Wolfson about a new Cicero Institute report that ranks state regulatory systems based on their accountability, responsiveness, and transparency. They discuss cost-benefit analysis, regulatory sunset provisions, state-level centralized review modeled on OIRA, and venue restrictions. Notes : Matthew Nolan and Jonathan Wolfson, National Regulatory Reform...

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters is a panel discussion featuring Professors Caroline Cecot, Emily Hammond, and E. Donald Elliott, moderated by Senior Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columb...

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters is a panel discussion featuring Aditya Bamzai , Jonathan S. Masur , Eli Nachmany , Victoria F. Nourse , moderated by Judge Chad A. Readler of the U.S. Court of Appeals for the Sixth Circuit. Notes:...

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a keynote address from Paul J. Ray, presenting his new paper about the expertise rationale for Chevron deference, and a fireside chat between Mr. Ray and Gray Center Co-Executive Director J...

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Lisa Schultz Bressman, John F. Duffy, and Daniel E. Walters about the Loper Bright case and whether some form of judicial deference is unavoidable in admin...

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Kent Barnett, Christopher J. Walker, and Thomas W. Merril about the Loper Bright case and the future of Chevron deference, moderated by Judge Paul B. Matey...

Adam White and Jace Lington talk with Josh Chafetz and Noah Rosenblum about some of the big administrative law cases pending before the U.S. Supreme Court. They discuss the state of the Court, where things might be headed next, and problems with conservative critiques of the Administrative State. Notes: Noah Rosenblum, What We Talk About When We Talk About the Rule of Law in the Administrative Sta...

Adam White talks with NYU Law Professor Richard Epstein and Gibson Dunn Partner Allyson Ho about the upcoming Supreme Court term. They discuss the recent oral argument in the CFPB funding case, the major questions doctrine, how the court should approach revisiting Chevron deference in the upcoming Loper Bright case, and the adjudication system in the U.S. Patent and Trademark Office.

Jace Lington talks with AEI’s Philip Wallach about his new book, Why Congress. They discuss what makes Congress central to the American system of representative government and reasons we should look to Congress as the best place to resolve the most contentious issues of our day. Notes: Why Congress , Oxford University Press, 2023 The Revolution That Wasn’t: Conservatives Against Congress, 1981-201...

Adam White and Jace Lington talk with James-Christian Blockwood about his recent Government Executive article on civil service reform. They discuss current proposals to make more civil servants removable at will as well as ways to build a nonpartisan, professional federal workforce that protects the interests of the American people. Show Notes: Let's Rethink the Management of our Civil Service , G...

Adam White and Jace Lington talk with former Secretary of the Interior David Bernhardt about his new book, You Report to Me: Accountability for the Failing Administrative State. In the book, Secretary Bernhardt offers his perspective on reforming the administrative state based on years of public service at the Department of Interior spanning multiple presidential administrations. Show Notes: You R...

Jace Lington talks with Adam White about the new book, Scalia: Rise to Greatness, 1936–1986, by James Rosen. They discuss Scalia’s early life and career, including his family, his faith, and his work in private practice and as a lawyer and teacher. Adam highly recommends the book for anyone interested in Antonin Scalia and his contributions to our understanding of the Constitution and American ins...

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