Archive
Annual Supreme Court Preview: 2020–2021
Last summer, the Supreme Court ended its year’s work with significant decisions involving administrative agencies. This new year now underway is set to include major cases involving agency structure and […]
The Clean Air Act and the Transformation of Congress: Frank Manheim and David Schoenbrod (Congress and the Administrative State Series)
Congress’s enactment of the Clean Air Act fifty years ago was meant to change our environmental impacts — but did it change Congress, too? That is the question that Prof. […]
Thinking About “The Congressional Bureaucracy,” with Abbe Gluck, Jesse Cross, and Josh Chafetz (Congress and the Administrative State Series)
The executive branch’s bureaucracy gets a lot of attention. But Congress’s bureaucracy gets much less—yet it is extremely important. In a new Gray Center working paper titled “ The Congressional […]
Congress and Cost-Benefit Analysis, with Caroline Cecot and Ricky Revesz (Congress and the Administrative State Series)
We often think of modern cost-benefit analysis as being a requirement primarily of executive orders, not statutes. Needless to say, Executive Order 12291 and 12866, and other executive orders and […]
Congressional Reform from 1981 Onward: Philip Wallach and Molly Reynolds (Congress and the Administrative State Series)
In 1994, Republicans won control of the House of Representatives for the first time in 50 years. Upon taking office, Speaker Newt Gingrich and his colleagues undertook major institutional reforms. […]
“The Decision of 1946: The Legislative Reorganization Act and the APA,” with Joseph Postell and Jeremy Rabkin (Congress and the Administrative State Series)
Administrative Law scholars think of 1946 as the year that Congress enacted the Administrative Procedure Act. But too often we neglect another major law that Congress enacted in that year: […]
Joshua Wright on “Weaponizing Antitrust” Against Tech Companies
Today’s guest is Professor Joshua Wright — a University Professor of Law at George Mason University, Director of the law school’s Global Antitrust Institute, a former FTC Commissioner, and one […]
After 50 Years, What Is the National Environmental Policy Act Today?
On September 24, 2020, the Gray Center co-hosted a live webinar, “After 50 Years, What Is the National Environmental Policy Act Today?” in partnership with Antonin Scalia Law School’s Society […]
Adam Mossoff on the Innovation Economy and the Administrative State
Today’s guest is Professor Adam Mossoff, a leading scholar of intellectual property and Co-Founder of Scalia Law’s Center for the Protection of Intellectual Property (CPIP). Three years ago, CPIP and […]
Teaching Administrative Law Outside the Classroom: Ballotpedia’s Christopher Nelson
We admit it, administrative law is a complicated subject — and, some say, a notoriously dull one. AdLaw is often a challenging subject to teach in the classroom, and even […]
Tech Regulation Series Keynote Conversation with FTC Commissioner Noah Phillips
The Federal Trade Commission is a century-old agency facing some of the most cutting-edge technologies and issues of our time. How should an agency apply old laws to new technologies? […]
Rethinking Regulatory Paradigms in a High-Tech Era (Tech Regulation Series)
During this era of disruptive technological change, heavy-handed regulation can stifle innovation and unintentionally undermine the public interest. Yet regulators are tasked by Congress with promoting particular policies, often under […]
AirBNB and Local Regulators (Tech Regulation Series)
Conversations about “the administrative state” usually focus on federal regulators, but for many upstart tech companies, local regulation often presents the most significant challenges. Uber and Lyft, for example, famously […]
“Section 230” and the Regulation of Web Sites (Tech Regulation Series)
Nearly 25 years ago, Congress enacted Section 230 of the Communications Decency Act, declaring web sites would not be treated as “publishers” in posting third-party statements, and that their “good […]
The Common Good: Rebuilding Trust and Rebooting the System with Philip Howard
Philip Howard, a lawyer and author, founded Common Good to call for fundamental reform of America’s bureaucratic, legal, and political institutions. And he sees the nation’s most recent controversies—government responses […]
Minutes to Midnight, or Four More Years: The Regulatory Agenda with Bridget Dooling & Philip Wallach
The fourth year of any presidential term is driven by a sense of urgency, and the administration’s regulatory or deregulatory agenda is no exception. President Trump’s fourth year has been […]
Executive Privilege: A Discussion with Dean Mark Rozell
The words “executive privilege” are not found in the Constitution, but some form of presidential secrecy has been asserted by presidents from George Washington onward. The Supreme Court’s latest term […]
Evasive Entrepreneurs: Innovation and the Administrative State
How should transformative technologies approach the administrative state, and vice versa? In his latest book, “Evasive Entrepreneurs & the Future of Governance,” Adam Thierer of the Mercatus Center reports that […]
The Dubious Morality of Administrative Law
On July 6, the Federalist Society invited Adam White to interview Richard Epstein about his new book: “The Dubious Morality of Administrative Law,” for a public teleforum. Adam and Richard […]
Tort Liability for Businesses During COVID-19
On June 18, 2020, the Gray Center co-sponsored a live webinar, “A Discussion on Tort Liability for Businesses During COVID-19,” in partnership with the Law and Economics Center at Antonin […]
Non-Presidential Administration
On February 6, 2020, the Gray Center hosted a public policy conference on “Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government.” The conference was inspired in part by […]
The Tools of Administrative Management
On February 6, 2020, the Gray Center hosted a public policy conference on “Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government.” The conference was inspired in part by […]
Bureaucracy and Presidential Administration: Keynote Remarks by Jonathan Rauch
On February 6, 2020, the Gray Center hosted a public policy conference on “Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government.” The conference was inspired in part by […]
Presidential Administration and Bureaucracy
On February 6, 2020, the Gray Center hosted a public policy conference on “Bureaucracy and Presidential Administration: Expertise and Accountability in Constitutional Government.” The conference was inspired in part by […]