Gray Matters

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......

This panel discussion, from the Gray Center’s May 25 Capitol Hill Conference, consisted of a timely discussion on the leaked Dobbs draft opinion and the implications of this relating to the institution of the Supreme Court. It featured Hunton Andrews Kurth Special Counsel The Honorable Thomas B. Griffith, Sullivan & Cromwell LLP partner Jeffrey B. Wall, Advisory Opinions podcast host Sarah Isg...

This panel discussion, from the Gray Center’s May 25 Capitol Hill Conference, focused on how Congress can exercise effective oversight authority to get nonpublic information from the Executive Branch. It featured Sidley Austin LLP partner William R. Levi, Jones Day partner Hashim M. Mooppan, and was moderated by The Honorable Steven G. Bradbury, former General Counsel and Acting Secretary of the U...

Adam chats with AEI’s Peter Wallison and John Yoo about their new book: The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine. They discuss common arguments about the nondelegation doctrine and whether the US Supreme Court is likely to start applying the doctrine to restrain administrative agencies. Source

Ed Whelan, Distinguished Senior Fellow at the Ethics and Public Policy Center, chats with Paul D. Clement, 43rd Solicitor General of the United States, about Clement’s experience with religious liberty cases leading up to the 110th case he has argued before the US Supreme Court, Kennedy v. Bremerton School District. Source

Attorneys Nathan Lewin, Erin E. Murphy, Mark Rienzi, and Marc D. Stern talk about upcoming religious liberty cases before the US Supreme Court in a panel discussion moderated by former Assistant Attorney General Steven A. Engel. The panelists debate the potential impact of Supreme Court rulings in those cases in addition to whether current approaches to protecting religious liberty are adequate to...

Matt Bowman of Alliance Defending Freedom, Andrea R. Lucas of the Equal Employment Opportunity Commission, and Roger T. Severino of the Ethics and Public Policy Center talk about developing policy challenges related to the free exercise of religion in a panel discussion moderated by D.C. District Court Judge Trevor N. McFadden. The panelists touch on issues like Covid-related limits on worship......