A Hard Look

Welcome back to A Hard Look! This offers a deeper dive into The Mandate for Leadership, also known as Project 2025. In Part Two, we analyze the document alongside experts Dr. Don Kettl and Dr. Jennifer Selin. Visit our website:  https://administrativelawreview.org/podcast-a-hard-look/ Learn more about our guests Jennifer Selin: Google Scholar Profile Don Kettl: LinkedIn Recommended Readings Heritage Foundation "Mandate for Leadership: The Conservative Promise” by The Heritage Foundation (also known as Project 2025) Loper Bright Enterprises v. Raimondo (2024) “Constraining the Executive Branch: Congressional Use of the Courts in the Administrative State” by Jennifer Selin and Pamela Clouser McCann  “The Importance of Removal Restrictions in a Schedule F World” by Jennifer Selin and Paul Verkuil  “The Transformation of Governance: Public Administration for the Twenty-First Century” by Donald Kettl “The Divided States of America” by Donald Kettl This episode was produced by the Administrative Law Review Senior Technology Editor, Sophia Navedo-Quinones, and Technology Editor, Victoria Paul. Thank you to American University Washington College of Law’s Professor Lubbers and Professor Popper for their guidance on this episode. If you have any questions about this episode or the podcast, or if you would like to propose a topic or guest, please e-mail us at ALR-Sr-Tech-Editor@wcl.american.edu. The transcript for this episode can be found here.

Welcome back to A Hard Look! This episode provides an objective overview of The Mandate for Leadership, also known as Project 2025. This is Part One, of our two-part series on Project 2025. Stay tuned for Part Two, which is a Q&A with legal and policy experts. , Visit our website:  https://administrativelawreview.org/podcast-a-hard-look/ Recommended Readings Heritage Foundation Project 2025 by the Heritage Foundation Loper Bright Enterprises v. Raimondo (2024) This episode was produced by the Administrative Law Review Senior Technology Editor, Sophia Navedo-Quinones, and Technology Editor, Victoria Paul. If you have any questions about this episode or the podcast, or if you would like to propose a topic or guest, please e-mail us at ALR-Sr-Tech-Editor@wcl.american.edu. The transcript for this episode can be found here.

Welcome back to A Hard Look! Listen to our first episode of our new “Quick Look” series, where we provide insight into foundational administrative law principles. In today’s episode, we start with basics and define administrative law, provide an overview of its principles, and discuss its development within the United States. Show Notes Visit our website: https://administrativelawreview.org/podcast-a-hard-look/ Recommended Readings Administrative Law and Process in a Nutshell by ⁠Ronald M. Levin & Jeffrey S, Lubbers Administrative Law and Regulatory Policy: Problems, Text, and Cases by Stephen G. Breyer, et al. This episode was produced by the Administrative Law Review Senior Technology Editor, Sophia Navedo-Quinones, and Technology Editor, Victoria Paul. Thank you to Professor Jeffrey S. Lubbers at American University Washington College of Law for contributing to this episode's development. If you have any questions about this episode or the podcast, or if you would like to propose a topic or guest, please e-mail us at ALR-Sr-Tech-Editor@wcl.american.edu.

A Hard Look, a podcast by the Administrative Law Review, covers recent events in administrative law, regulatory policy, and the critiques and praise of various regulations and their efficacy. This season, stand by for our new series: A Quick Look and A Hard Look at What's to Come, in addition to our traditional A Hard Look episodes! If you have any questions about the podcast, or if you would like to propose a topic or guest, please e-mail us at ALR-Sr-Tech-Editor@wcl.american.edu.

On this Episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews Professor Mark Rotenberg regarding immunities provided to government officials, especially the President and Executive Branch. The conversation ranges from a history of official immunities in the United States, the distinctions between civil and criminal immunity, and rounding out with a discussion of the ongoing litigation against President Donald Trump within the D.C. Circuit. This episode was produced by ALR Technology Editor ⁠Anthony Aviza⁠. --- Recommended Reading: This Episode’s Transcript United States v. Trump Decision Nixon v. Fitzgerald Clinton v. Jones Trump v. Mazars Note: This episode was recorded before the Oral Arguments in Trump v. United States, which was rescheduled for April 25th, 2024 by the time this episode was published.

In this Episode of A Hard Look, ALR Senior Technology Editor, Bennett J. Nuss interviews Professor James Ridgway about the practical effects of an ambiguous ambiguity doctrine as promulgated by Chevron, using Veteran’s Law as a case example. This discussion ranges from a discussion of the history of Veterans Law, a critical examination of the motivators within administrative agencies which may contribute to ineffectiveness and court challenges, and theorizing about how iterative learning may improve agency rulemaking. This episode was produced by ALR Technology Editor Anthony Aviza. --- Recommended Reading: This Episode’s TranscriptJ.B. Rule and James Salzman, Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State. Kent Barnett and Christopher J. Walker, Chevron in the Circuit Courts If a military veteran you know is in need of assistance, you can find Vet Centers for Readjustment Counseling as well as information regarding benefits at www.va.gov.

On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews ABA Administrative Law and Regulatory Practice Section Chairman Adam White regarding the current state of Administrative Law in the United States and what to expect out of what is almost certain to be a groundbreaking year. The conversation ranges ⁠from the ABA’s role in the promotion of administrative law doctrines, how the political divides in administrative law may not be as clear as they once seemed, and a preview of some themes and important cases coming to a head this year. --- This episode was produced by ALR Technology Editor, Anthony Aviza. If you have questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu

On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Holwell, Shuster & Goldberg Partner Daniel M. Sullivan regarding the controversial Supreme Court case Loper Bright Enterprises v. Raimondo, which has the potential to completely overhaul Administrative Law as we know it. The discussion ranges from the critiques and weaknesses of Chevron doctrine, potential constitutional problems with judicial review of agency decisions, and what administrative law may look like after this groundbreaking term. --- This episode was produced by ALR Technology Editor, Anthony Aviza. Many thanks to ALR Editor-in-Chief Madison Gestiehr for her help in providing transcription for this episode. If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu Recommended Reading: Chevron v. NRDC Marbury v. Madison Amicus and Filings for Loper Bright Transcript

On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Professor Hilary J. Allen regarding the current status of federal banking regulation in light of the four bank failures in the United States earlier this year. The discussion ranges from the circumstances surrounding the failure of the Silicon Valley Bank, how the public’s response to the failure may be overstated in terms of impact, the role of the FDIC in the disbursement of assets, and what the future would look like if all bank deposits were insured by the Federal Government. --- This episode was produced by ALR technology editor, Anthony Aviza. If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu   Recommended Reading: FDIC: Bank Failures in Brief – 2023 Investopedia: What Happened to Silicon Valley Bank? The Federal Reserves’ Review of Supervision and Regulation of Silicon Valley Bank New York Times: Silicon Valley Bank Fails After Run on Deposits

On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews Professor Daniel Cohen regarding the current rise of Major Questions Doctrine in American Jurisprudence in contrast to the perceived fall of Chevron Doctrine. The conversation goes from an interrogation of current judicial review methods for agency action, to investigating potential issues with Major Questions Doctrine, and concluding with thoughts about the future of judicial deference and the balance of powers as we know them. --- This episode was produced by ALR Technology Editor, Anthony Aviza. If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu Many thanks to ALR Editor-in-Chief Madison Gestiehr and Senior Articles Editor Mehraz Rahman for their assistance in providing the transcription for this Episode. --- Recommended Reading This Episode’s Transcript Chevron v. Natural Recourses Defense Council Skidmore v. Swift Public Water Supply Co. v. DiPasquale FDA v. Brown & Williamson Tobacco Corp. King v. Burwell Alabama Association of Realtors v. HHS NFIB v. OSHA West Virginia v. EPA Biden v. Nebraska

In this episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews current Washington College of Law 3L and Senior Articles Editor Mehraz Rahman regarding her comment published in ALR Volume 75.3. In this episode, we review the ongoing controversies surrounding Title IX sexual misconduct adjudication on college campuses, and how standards for holding these adjudications have changed from administration to administration over the course of the past decade. Then we turn our attention to how this process can be formalized and reformed to better serve the interests of victims, accused, and the substantial interests of justice and due process implicated in these hearings. --- This Episode was produced by Administrative Law Review Technology Editor Anthony Aviza. If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu --- If you believe you have been a victim of sexual violence, you can use the recourses below to find help: For AU Students, please contact the Office of Equity and Title IX. For Non-Students: National Sexual Assault Hotline with Confidential 24/7 Support: 1-800-656-4673 Campus Sexual Violence Recourse List   --- Recommended Reading   Mehraz’s Comment (TBP) This Episode's Transcript 2011 Dear Colleague Letter 2014 Q&A Withdrawal of the 2011 DCL & 2014 Q&A Summary of Major Provisions of the Department of Education’s Title IX Final Rule under the Trump Administration U.S. Department of Education’s 2022 Proposed Amendments to Title IX Regulations

On this episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews Adam Pollock, a 3L at American University Washington College of Law and current Editor for Online Publications. In this episode, we review the systemic structure of the Bureau of Immigration Appeals, and how this system is operating considering the ever-growing strain of immigration on U.S. Courts. We also interrogate the propriety and effects of Patel v. Garland, a Supreme Court case that limits the degree of review afforded to those that appeal rulings by the BIA. Finally, we look at how the BIA can be potentially reformed to better serve the interests of fairness and substantial justice. --- This Episode was produced by Administrative Law Review Technology Editor, Anthony Aviza. Many thanks as well to Administrative Law Review Editor-in-Chief Madison Gestiehr for her assistance in transcribing this episode. If you have any questions about this episode, the guest, the podcast, or if you would like to propose a topic or guest, please e-mail Bennett Nuss at ALR-Sr-Tech-Editor@wcl.american.edu --- Recommended Reading: This Episode’s TranscriptDeported Over a Typo: Making Sense of the Board of Appeals’Newfound Administrative Power in the Wake of Patel v. GarlandPatel v.GarlandCongressional Research Service: U.S. Immigration Courts and the Pending Cases BacklogInnovation Law Lab: The Attorney General’s Judges

On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Caryn Schenewerk from the Relativity Space for a discussion on the evolution of commercial spaceflight regulations. This episode explores the general theory behind the development of the regulations, how modern entities like SpaceX, Virgin Galactic, and Blue Origin exist in this regulatory framework, and the challenges that face both regulatory authorities and commercial space entities for the future of regulation in the realm of commercial spaceflight. If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at ALR-Sr-Tech-Editor@wcl.american.edu.

On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to host Steven Valentino speak with Professor Olatunde Johnson from Columbia Law School to discuss President Biden’s Executive Order 13,985. Professor Johnson discusses how the recent events of 2020 have led to the creation of this Executive Order, the legal framework for which Executive Orders are premised, and what results we can hopefully see from the administrative review the Order calls for. If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at ALR-Sr-Tech-Editor@wcl.american.edu.

A Hard Look returns for Season 3 with its inaugural episode! Season 3 host Steven Valentino and guest Kirk Nahra, Partner at WilmerHale and an adjunct professor at American University Washington College of Law and Case Western Reserve University, walk through the Health Insurance Portability and Accountability Act, or more commonly known as HIPAA. In this episode, Professor Nahra helps listeners understand the inception and development of HIPAA, as well as the Department of Health and Human Services’s regulatory approach and framework under the law. After tracing HIPAA’s history and regulatory structure, Professor Nahra then discusses the HHS notice of proposed rulemaking on access and coordinated care and how that may alter HIPAA’s current applications. We conclude with a larger discussion of the ongoing privacy debate and how HIPAA or a different national privacy law can be shaped to address the growth in collected health information. If you have any questions about this episode, the guest, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at ALR-Sr-Tech-Editor@wcl.american.edu.

On this episode of the Administrative Law Review's A Hard Look, tune in to listen to Host Sarah Knarzer speak with two ALR staffers, Katie Anderson and Leah Hamilton, discuss their student comments. Katie Anderson, the incoming Senior Diversity, Equity, and Membership Editor on ALR, talks about how prisoner's ability to meaningfully access the courts may be impacted by new BOP rules and how inadequate training causes prisoners' rights to be infringed. Leah Hamilton, an incoming Senior Articles Editor on ALR, shares her research on the dire state of healthcare delivery in prisons and how its inconsistencies and shortcomings impact prisoners' health, wellbeing, and lives.  If you have any questions about this episode, the guests, or the podcast, or if you would like to propose a topic or a guest, please email Steven Valentino at ALR-Sr-Tech-Editor@wcl.american.edu.

In July 2020, A Hard Look met with Professors Cary Coglianese and Neysun Mahboubi of the University of Pennsylvania to discuss the essay series on “Comparing Nations’ Responses to COVID-19” in The Regulatory Review. Now, nearly nine months later, the Administrative Law Review has published a special themed issue featuring expanded versions of some of the essays. To commemorate this collaboration, our guests have returned to A Hard Look once more, to discuss the new volume, as well as major developments in the course of the pandemic over the past year, and the lessons they draw for the future. A transcript is available for this episode here.

What in the world is going on with GameStop? On this episode of the Administrative Law Review's A Hard Look, tune in to listen to Professor Hilary Allen, from the Washington College of Law, explains how the situation with Robinhood, GameStop, and the stock market unfolded, and what the controversy can teach us about financial regulation.  If you have any questions about this episode, the guests, or the podcast, or if you would like to propose a topic or a guest, please email Sarah Knarzer at ALR-Sr-Tech-Editor@wcl.american.edu.

Today’s episode of  A Hard Look  is the fourth and last in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country. To close our series, host Kübra Babaturk and guest Professor Renée M. Landers talk about the disparate impact that administrative policies have on healthcare, from hospital implementation to insurance and how she and others have used the public participation system of filing comments to force agencies to acknowledge their role in racial justice.  Professor Landers authored “Race (and Other Vulnerabilities) in Healthcare and Administrative Law” for the Yale Journal of Regulation.  The series was inspired by the Yale Journal of Regulation’s Symposium on Racism in Administrative Law. A special “Thank You” to all of the hosts and guests that participated and to Professor Kathryn Kovacs for spearheading the Symposium and for getting this conversation started.

Today’s episode of  A Hard Look  is the third in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be hosted by a different student on the Administrative Law Review and feature guests from across the country. On this episode, host Brendon and guests, Dean Kevin Johnson and Professor Carrie Rosenbaum, discuss how immigration law, administrative law, and racism have historically intersected in several major Supreme Court cases on immigration. The guests also talk about the use of critical race theory in immigration academia, some of the barriers to immigration reform, and the recent Supreme Court decision in Department of Homeland Security vs. Board of Regents of the University of California.  Professor Carrie Rosenbaum authored "UnEqual Protection in Immigration Law" for the Yale Journal of Regulation.  The series was inspired by the Yale Journal of Regulation’s Symposium on Racism in Administrative Law. A special “Thank You” to all of the hosts and guests that participated and to Professor Kathryn Kovacs for spearheading the Symposium and for getting this conversation started.