RTP's Fourth Branch Podcast

In this episode, Jennifer Huddleston and Ashkhen Kazaryan break down the recent news related to Section 230 of the Communications Decency Act, including Justice Clarence Thomas's statement, controversy over Twitter and Facebook's moderation practices, and FCC Chairman Ajit Pai's announcement on rulemaking related to the law. Featuring: - Jennifer Huddleston, Director of Technology and Innovation P...

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 third of four panel events, It Can Be Done Live: The...

On October 7, 2020, the Federalist Society's Pennsylvania Student Chapter and the Regulatory Transparency Project co-sponsored an event on "Antitrust Populism and the Conservative Movement." During the 1986 Supreme Court confirmation hearings for then-Judge Antonin Scalia, he was asked about his views on antitrust. "In law school, I never understood [antitrust law]," Scalia explained, "I later fou...

Recent weeks have been chock-full of headlines regarding antitrust and big tech companies, from the House Judiciary Antitrust Subcommittee report to the Senate Commerce Committee subpoenas of top CEOs. In this episode, Neil Chilson breaks down these recent developments and discusses how they fit into the broader picture of antitrust law in the United States. Featuring: - Neil Chilson, Senior Resea...

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 second of four panel events, It Can Be Done Live: Th...

The Environmental Protection Agency recently proposed retaining both the existing particulate matter and ozone primary and secondary standards. Over the last several decades, air quality in the United States has improved dramatically. Though many have advocated for more stringent PM and ozone standards, the environmental and public health imperative for tighter standards is the subject of debate....

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 first of four panel events, It Can Be Done Live: The...

On September 22, the Federalist Society's Villanova Student Chapter co-sponsored a debate on Medicare for All with the Villanova Law Health Law Society. In this live podcast, experts debate the pros and cons of a single-payer health insurance system, discuss the practical likelihood of such a system being implemented, and compare the United States' approach to health insurance to those of other co...

In May, the Environmental Protection Agency announced a new proposed rule to "establish the procedures and requirements for how the U.S. Environmental Protection Agency (EPA) will manage the issuance of guidance documents subject to the requirements of the Executive order entitled 'Promoting the Rule of Law Through Improved Agency Guidance Documents'." The EPA indicated that they "intended to incr...

Citing national security concerns, the Trump administration has ordered TikTok's Chinese parent company, Bytedance Ltd., to sell U.S. operations of the popular video-sharing app to an American company by November 12. As the deadline inches closer, three major American companies have come to the fore as prospective purchasers but no sale has been completed, due in part to complications imposed by t...

Section 230 of the Communications Decency Act provides liability protection to platforms, internet service providers, and other online intermediaries for third-party content they host or republish. It also provides liability protections for actions taken "in good faith" by such entities to moderate content. Section 230 has recently come under scrutiny from President Trump, members of Congress, and...

This live podcast discusses the Ninth Circuit's recent opinion in FTC v. Qualcomm, in which the court reversed the Federal Trade Commission's 2019 trial court win. The Ninth Circuit ruled that Qualcomm did not violate antitrust law through its licensing practices for standard-essential patents. John Shu, a professor, attorney, and legal commentator, discusses the ruling and examines the history, a...

Environmental laws such as the Clean Air Act allow private plaintiffs and environmental advocacy groups to file citizen suits alongside the government's environmental enforcement actions against polluters. The Environmental and Natural Resources Division of the Department of Justice is now pushing to end the practice in a federal case involving DTE Energy, Michigan's largest electrical utility and...

Asserting their sovereign interests or “states' rights,” many states are increasingly attempting to inject state officials’ policy preferences on national and global issues through state legislation or regulation on myriad subjects including energy, the environment, immigration, drugs, labor, health, food, and transportation. In what ways does the Interstate Commerce Clause, or t...

As cryptocurrencies have proliferated in the private sector, central banks are now contemplating getting into the game. Venezuela tried unsuccessfully to popularize its currency with the digital petro. China may be more successful with its plan to digitize the yuan. Now, some are saying the U.S. Federal Reserve should issue its own cryptocurrency, with names like "Fedcoin" and the "digital dollar....

The next presidential inauguration will be on January 20, 2021. The six months between then and today will involve a flurry of regulatory activity, just as the final months of presidential terms always do. Whether the next inauguration features Donald Trump or Joe Biden, agencies will try to complete as many regulatory proceedings as possible before the inauguration, with an eye to not just the en...

In 2017 the Department of Education withdrew the Obama administration's guidance documents on Title IX sexual harassment. The next year it issued a notice of proposed rulemaking under the Administrative Procedure Act. The department received more than 124,000 comments on the proposal and held meetings with many interested parties. In May, the Department released its new rules - the first such rule...

COVID-19 has created many challenges for employers, including making it more difficult for them to comply with labor and employment laws. Recently-enacted statutes like the First Families Act and the CARES Act, as well as existing laws like the National Labor Relations Act and Title VII of the Civil Rights Act, have presented significant compliance challenges for employers. Featuring Tammy McCutch...

American tech companies like Google, Apple, Facebook, and Amazon are some of the most successful companies in the world. Recently, these companies have faced various criticisms, with some questioning if they are violating the antitrust laws. Antitrust investigations are ongoing by the DoJ, FTC, and the attorneys general of many states. On Wednesday, July 29, a Congressional hearing was held with t...

Prof. Richard Epstein's The Dubious Morality of Modern Administrative Law examines how the growth of the administrative state as a result of FDR's New Deal has coincided with many different Supreme Court decisions since the 1936-37 term of the Court that legitimized the reach of different administrative agencies by giving them far more control over substantive issues through different forms of jud...

This expert panel examined recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. How far does FTC statutory authority under 6(g) extend? Is rulemaking appropriate as a matter of policy? How has FTC rulemaking fared in the past and what guideposts should apply? Opening Remarks: - Noah...

How does the Federal Trade Commission (FTC) calculate consumer injury and civil penalties in consumer protection matters? This teleforum will discuss the FTC’s remedial powers, process, and suggestions for reform, including how the Supreme Court’s recent ruling in Liu v. SEC and other cases may impact the FTC going forward. Featuring: James Cooper, Associate Professor of Law and Direct...

In the midst of the COVID-19 pandemic, the federal government is waiving affirmative action requirements in federal construction projects. Wen Fa discusses whether state and local regulations should follow suit. Featuring: - Wen Fa, Attorney, Pacific Legal Foundation Visit our website – www. RegProject.org – to learn more, view all of our content, and connect with us on social media.

In an effort to combat the spread of COVID-19 and contain its impact, nations across the world are exploring the use of various methods of tracking the virus. Some – such as Singapore and South Korea – have established national surveillance networks that operate in real-time to assist in this task, while others – like the United States – have largely delegated this effort to individual states, whi...