RTP's Fourth Branch Podcast

It is hard to find a discussion of artificial intelligence these days that does not include concerns about Artificial Intelligence (AI) systems' potential bias against racial minorities and other identity groups. Facial recognition, lending, and bail determinations are just a few of the domains in which this issue arises. Laws are being proposed and even enacted to address these concerns. But is t...

On April 22, 2021, the Federalist Society's George Mason Student Chapter, the Regulatory Transparency Project, and the Global Antitrust Institute cosponsored an event featuring professors Joshua D. Wright and John Yun discussing the future of the conservative approach to antitrust law. Featuring: - Joshua D. Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law School at Georg...

Ken Davis joined the podcast to discuss why and how President Biden's memo on Modernizing Regulatory Review could significantly alter the regulatory review process. Featuring: - J. Kennerly Davis, Jr., Former Senior Attorney, Hunton Andrews Kurth LLP Visit our website – www. RegProject.org – to learn more, view all of our content, and connect with us on social media.

India and South Africa have submitted a petition to the World Trade Organization seeking a waiver of all intellectual property rights under international treaties on drugs, vaccines, or other responses to the COVID-19 pandemic. This waiver petition has provoked an intense policy debate over the role of intellectual property in healthcare innovation. On the one hand, advocates for the waiver argue...

On April 22, 2021, the Supreme Court decided AMG Capital Management, LLC v. Federal Trade Commission. Writing for the unanimous Court, Justice Breyer explained how Section 13(b) of the Federal Trade Commission Act does not authorize the FTC to seek, or a court to award, monetary relief such as restitution or disgorgement. A panel of experts will discuss the ruling and its implications. Featuring:...

Edward E. Bartlett and Linda Chavez join the podcast to discuss the future of Title IX implementation under the Biden administration, which could have significant ramifications on college campuses across the country. Featuring: - Edward E. Bartlett, President, SAVE - [Moderator] Linda Chavez, Chairman, Center for Equal Opportunity Visit our website – www. RegProject.org – to learn more, view all o...

The debate over “Big Tech” and antitrust has intensified. On one side are those who consider certain Big Tech companies monopolies that reduce competition and exploit their users’ data. On the other side are those who believe that competition in the technology market is flourishing, particularly when considering a worldwide market, and that Big Tech empowers its consumers; after all, many users ne...

Commercial drone technology advanced rapidly in the past decade, and companies like Walmart, Amazon, Verizon, CVS, and UPS are now actively testing drone services like home delivery, medical logistics, and infrastructure inspections. These drones fly in low-altitude airspace, however, which raises pressing questions about property rights, privacy, and federalism. Where does private property end an...

On Friday, April 16, 2021, the Federalist Society's Georgetown Student Chapter hosted a webinar featuring professors Gregg Bloche, Larry Gostin, David Hyman, and Timothy Westmoreland discussing the current state of healthcare policy in the United States. Featuring: - M. Gregg Bloche, Carmack Waterhouse Professor of Health Law, Policy, and Ethics, Georgetown University - Lawrence Gostin, University...

In June of 2017, then-Attorney General Jeff Sessions issued a memo prohibiting the Department of Justice from directing settlement payments to non-governmental third parties that are "neither victims nor parties to the lawsuits" when the Department is engaged in litigation. The memo halted a practice that was utilized by the Bush and Obama administrations and now may make a return under the Biden...

On March 31, 2021, the Supreme Court heard oral arguments in NCAA v. Alston, a case addressing a Ninth Circuit decision holding that the National Collegiate Athletic Association's eligibility rules regarding compensation of student-athletes violate federal antitrust law. The Court is expected to review the decision according to circuit splits and general antitrust principles. Joshua Wright, a form...

In her landmark book, financial services doyenne Karen Petrou explains how, despite better intentions, Federal Reserve policies have been major drivers of economic inequality in America. Beginning with 2010 policies that widened the wealth gap, the Fed more than doubled down on its errors in 2020. Petrou, however, proposes a program of politically plausible changes in Fed policies to promote great...

In Cedar Point Nursery v. Hassid, the Supreme Court will decide whether a California “Access Regulation” violates the Takings Clause of the Fifth Amendment. The Access Regulation allows union organizers to enter the private property of agricultural employers in the state for three hours per day, 120 days per year, for the purposes of soliciting employees to join the union. Petitioners...

“Deepfakes” are one of the latest technologies to prompt debate about online media. Using Deepfake techniques, users can make realistic-looking fake media in which people say and/or or do things they never, in fact, said or did. Although artists, documentarians, filmmakers, and many others have used Deepfakes to produce creative, and potentially life-saving, content, Deepfakes can also...

The U.S. Supreme Court heard oral arguments in United States v. Arthrex Inc. on March 1, 2021. This case is an important one for the office of patent judges; at issue is whether, for purposes of the Appointments Clause, administrative patent judges of the U.S. Patent and Trademark Office are "principal officers," which require presidential appointment and Senate confirmation, or "inferior officers...

Recent years have seen a dramatic shift in the way in which American consumers use and shop for financial products and make payments, especially the rapid growth of electronic payments and electronic disclosures. These developments have raised both new opportunities for consumer choice and benefits but also potential new consumer protection threats. At the same time, repeated economic and financia...

The Federalist Society's Regulatory Transparency Project and Corporations, Securities & Antitrust Practice Group were pleased to host this fireside discussion between Mr. Bilal Sayyed, most-recently Director of the Federal Trade Commission's Office of Policy Planning, and Svetlana Gans, Vice President and Associate General Counsel at NCTA and former Chief of Staff at the FTC. Their conversation co...

The Biden administration faces a variety of issues when it comes to China, from trade policy to aggression in the South China Sea. Not to be overlooked, however, is how the new administration will handle China's policies and practices regarding intellectual property. In this live podcast, experts from across the political spectrum discuss the key considerations at play regarding China and intellec...

In January, Twitter and Facebook removed President Trump and many of his followers' accounts while Google, Apple, and Amazon cut business ties with Twitter competitor Parler over alleged contract violations, crippling its business. Many on the right are incensed. Others see these actions as an example of polycentric checks-and-balances in the classical liberal tradition. Yet even among those who w...

Professor James W. Coleman joins the podcast to break down the regulatory dynamics of the rolling blackouts Texans have experienced this week. What role did regulators play in this incident, and what lessons should policymakers pull from it? What is the Electric Reliability Council of Texas, also known as 'ERCOT'? And what are the implications of Texas Governor Greg Abbott's order to halt natural...

Recently, Big Tech companies have come under fire from all sides for their content moderation decisions. Some argue Big Tech companies are not doing enough to stem the spread of harmful content and misinformation. Others contend Big Tech companies' selective approaches to moderation belies partisan preferences — silencing only certain voices and threatening to undermine democratic values. The rece...

Asheesh Agarwal and Ashley Baker join the podcast to discuss Senator Amy Klobuchar's recently-announced bill to amend antitrust law. How would the bill adjust the definition of "exclusionary conduct"? What would it mean for the government's ability to seek civil fines for antitrust violations? And how does the bill fit into the larger conversation about antitrust law in Washington? Featuring: - As...

After living in relative obscurity since its passage in 1996, the Congressional Review Act caught the nation's attention in 2017 when a Republican-led Congress and newly-elected President Trump used it to overturn 14 "midnight" regulations issued at the end of the Obama administration. Some prominent Democratic lawmakers opposed the CRA's framework as well as its individual uses in 2017. Will role...

The Environmental Protection Agency recently finalized two new transparency-related rules. The stated purpose of the rule "Increasing Consistency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process" is "to codify procedural best practices for the preparation, development, presentation, and consideration of BCA in regulatory decision-making under the CAA." The rule "Strengthen...

In several recent high-profile cases, banks have conditioned or denied financial services to disfavored industries after campaigns against those industries by advocacy groups. In late-November 2020, the Office of the Comptroller of the Currency responded with a rulemaking that, if adopted, would bar national banks from denying financial services to counterparties on the basis of the "personal beli...