RTP's Fourth Branch Podcast

On January 13, the Supreme Court heard oral arguments in AMG Capital Management v. FTC, a case that could define the scope of the FTC's remedial authority and explore the limits of textualism. The FTC Act authorizes the Commission to seek a "permanent injunction" in federal court to stop "unfair methods of competition" and "unfair or deceptive acts or practices." For many years, the FTC and most c...

The COVID-19 pandemic has caused significant changes in urban land use. Where possible, companies have shifted to partial or full remote work, leaving some office buildings to sit empty. Firms in the service industry have sought to move dining, working out, and other activities outdoors where possible. It remains to be seen whether some of all of these changes in behavior will be permanent. What r...

Medical innovation has made modern life miraculous by historical standards, as demonstrated by the unprecedented medical response to the COVID-19 pandemic. What made this possible? What's the best way to ensure future innovation in the treatment of viruses like COVID-19, and of other diseases like hepatitis, diabetes, and cancer? This live podcast explores the legal rules and institutions best-sui...

Drug prices are a pressing policy issue. On November 20, 2020, President Donald Trump announced two new rules aimed at reducing drug prices for Medicare beneficiaries. These rules use a system known as reference pricing, which ties the price the federal government pays for patented drugs and treatments to the prices other countries pay. These rules are set to take effect in January 2021. Meanwhile...

In this episode, an expert panel looks at what the new year may bring regarding the hot topics of tech policy. Some key policy debates – such as antitrust and "Big Tech," online speech and Section 230, and the race to 5G – are likely to continue, but what other tech policy conversations may arise? And how might the approach to regulation of the new presidential administration and Congress impact i...

There are nearly 500,000 commercial drones registered in the United States, far exceeding recent FAA projections. Fields like photography, agriculture, and public safety have adopted drone services and there are a few programs for long-distance services – like utility line inspection, surveying, and home delivery – popping up around the country. Despite the rapid maturation of the technology, mass...

How is insurance regulated in the United States? How are emerging technologies disrupting the industry? And what issues do policymakers face regarding privacy concerns in our era of big data? Ian Adams joins the podcast to answer these questions and more. Featuring: - Ian Adams, Executive Director, International Center for Law & Economics Visit our website – www. RegProject.org – to learn more...

Following the onset of the COVID-19 pandemic, the Trump administration waived or suspended enforcement of a number of regulations, such as regulations affecting telemedicine. Will the Biden administration continue existing waivers or suspensions as is or take a new tack on regulatory flexibility during the continuing pandemic? Featuring: - Karen Harned, Executive Director, National Federation of I...

When the FCC put forward its proposed repeal of the net neutrality rule, it received 22 million public comments, by far the largest number any agency has ever received in connection with a rulemaking. The overwhelming public reaction was probably a bit surprising to agency staff, regulatory lawyers, lobbyists, and others who work in the wonky world of regulatory policymaking, where getting a hundr...

In this episode, Brent Skorup discusses the current state of drone technology, the history of airspace and drone regulations in the United States, and his new paper, "Drone Technology, Airspace Design, and Aerial Law in States and Cities," published by the Mercatus Center. The paper is available here: https://www.mercatus.org/publications/technology-and-innovation/drone-technology-airspace-design-...

COVID-19 has presented unique challenges for state lawmakers as they attempt to address public health and economic concerns. The crisis has also raised significant questions about whether states should reform existing regulatory regimes, and about the propriety of adding further regulatory burdens during an ongoing pandemic. In this live podcast, Brian Kabateck, Luke Wake, and Clark Neily address...

Joel Zinberg joins the podcast to discuss a range of COVID-19 vaccine questions. How has the development process under Operation Warp Speed compared to the normal vaccine development process? Where do the leading vaccines currently stand in terms of FDA approval? And what difficulties might arise during the distribution stage? Featuring: - Joel Zinberg, Senior Fellow, Competitive Enterprise Instit...

On November 30, 2020, FCC Chairman Ajit Pai joined the Federalist Society's Columbia Student Chapter for a wide-ranging discussion on net neutrality, Section 230, and more, in an online Q&A co-sponsored by the Regulatory Transparency Project. Featuring: - Ajit Pai, Chairman, Federal Communications Commission - [Moderator] Brad Larson, Regulatory Transparency Project Series Chair, the Federalist So...

On November 19, 2020, the Federalist Society's Regulatory Transparency Project and the Memphis Lawyers Chapter co-hosted an online event on "Civil Liberties and COVID-19 Shelter in Place Orders." Featuring: - Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law - [Introduction] J. Gregory Grisham, Of Counsel, Fisher & Phillips, LLP Visit our website – www. RegProjec...

The House Committee on the Judiciary recently released a report on the state of competition in the digital marketplace. The report, which was the result of a 16-month-long investigation, describes itself as "an attack on how America has approached antitrust for the past 40 years." One of the recommendations in the report involves shifting the evidentiary burden of proof from the plaintiff to the d...

In the absence of federal data privacy legislation, some states have acted to pass their own laws on the topic. Notably, California voted in favor of Prop 24 placing additional requirements on the CCPA and in favor of stringent consumer privacy requirements. In other cases, such as Michigan, states have established warrant requirements to protect consumer electronic data and citizens' privacy from...

The House Judiciary Committee’s Antitrust Subcommittee recently released findings of a 16-month investigation into competition in the digital economy. The 449-page staff report, “Investigation of Competition in the Digital Marketplace: Majority Staff Report and Recommendations”, proposes sweeping changes to U.S. antitrust laws and enforcement that could have far-reaching effects throughout the eco...

In this episode, Ian Adams lays out the current state of driverless car technology, discusses its implications for the disabled community, and breaks down the decisions federal and state policymakers are facing when it comes to regulating the technology. Featuring: - Ian Adams, Executive Director, International Center for Law & Economics Visit our website – www. RegProject.org – to learn more, vie...

On October 20, 2020, the Federalist Society's Georgetown Law Student Chapter and the Regulatory Transparency Project hosted John C. Yoo and Saikrishna B. Prakash for an online discussion on the extent of executive power. In his new book, "Defender in Chief," Yoo argues that President Trump – despite his populism – has become more often the defender rather than the opponent of the original Constitu...

On October 20, 2020, the Department of Justice (DOJ) filed its much-anticipated lawsuit against Google. The case is the most high-profile antitrust challenge since the Microsoft case more than 20 years ago. The Justice Department has alleged that Google monopolized the search and search advertising markets, inhibiting rivals such as Bing, DuckDuckGo, and Yahoo from succeeding and thereby ultimatel...

On October 28, 2020 the Federalist Society's Akron Student Chapter hosted George Horvath and Adam Mossoff for a discussion of how patents can affect medical innovation. Specifically, the two discussed how patents have already come into play in the response to COVID-19, and how they will continue to do so as the fight against the pandemic evolves. Featuring: George Horvath, Assistant Professor of L...

Recent disputes between the United States and China have focused on trade, but perhaps the most potent trade-related issue is not tangible products but intangible property. China's policies and practices involving intellectual property reveal a plan for luring investment and innovation to China for economic advantage. On this live podcast, world-renowned experts in intellectual property and China'...

Data portability has been a hot topic of late, from GDPR to CCPA to the FTC's recent Data to Go Workshop. To some, data portability is a consumer right to access and move individual data. For others, data portability means the sharing of larger swaths of data with other services and platforms to lower entry barriers to effective competition. Although both forms of portability aim to enhance consum...

The creators of the award-winning documentary, They Say It Can't Be Done, in partnership with the Federalist Society's Regulatory Transparency Project, present It Can Be Done Live — a conversation between entrepreneurs, regulatory experts, and noted academics around creative and bipartisan solutions to global challenges to our shared future. The last of four panel events, It Can Be Done Live: The...

Data portability has been a hot topic of late, from GDPR to CCPA to the FTC’s recent Data to Go Workshop. To some, data portability is a consumer right to access and move individual data. For others, data portability means the sharing of larger swaths of data with other services and platforms to lower entry barriers to effective competition. Although both forms of portability aim to enhance...