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A Hard Look

NovoYou're Fired? Slaughter, Cook, and the President's Removal Power9 de novembro de 2026 · 59 min
Episódios
63
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irregular
Último episódio
9 nov 2026
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Sobre o podcast

A Hard Look is an administrative law podcast produced in conjunction with the Administrative Law Review at American University's Washington College of Law. On the podcast, we dive into some of the new developments shaping the current landscape of administrative law and regulatory policy and we discuss some of the ways that administrative law impacts attorneys, industries, and people.

Episódios 63

  1. You're Fired? Slaughter, Cook, and the President's Removal Power

    59 min

    In 2026, the Supreme Court decided Trump v. Cook and Trump v. Slaughter, two cases that cemented the President's ability to remove principal officers. Professor Fred Jacob joined us to break down these two …

    Notas do episódio

    In 2026, the Supreme Court decided Trump v. Cook and Trump v. Slaughter, two cases that cemented the President's ability to remove principal officers. Professor Fred Jacob joined us to break down these two cases and analyze what they have to say about the Court's view of presidential power and independent agencies.

  2. The Skinny on GLP-1 Drug Compounding

    28 minTemporada 8 · Episódio 1

    Today, we are excited to feature a current law student on the Podcast. Grace DeBoer is a third-year student at American University Washington College of Law, and she is also currently an Articles Editor on the …

    Notas do episódio

    Today, we are excited to feature a current law student on the Podcast. Grace DeBoer is a third-year student at American University Washington College of Law, and she is also currently an Articles Editor on the Administrative Law Review.

    Grace studied Biology as an undergraduate, and she is interested in health law generally, and Health Insurance-related law, Fraud and Abuse, and Food and Drug law specifically. These interests led her to write her comment for Administrative Law Review on the regulation of drug compounding, where she argues that FDA should take stronger action to regulate excessive compounding of GLP-1 drugs now that the GLP-1 shortage has ended.

    On this episode, Grace walked through how GLP-1 compounds are regulated and the tension between access and safety that the Food and Drug Administration (FDA) balances.

  3. Finley "No-Merit" Letters Follow Up

    47 minTemporada 7 · Episódio 8

    Our guests from Phillips Black return to give an update after a month of having their report and law review article published!

  4. Privacy Behind the Bathroom Door

    28 minTemporada 7 · Episódio 7

    Today, we are excited to feature a current law student on the Podcast. Joining us is a second-year law student, Jo Ross. Jo is a junior staffer on the Administrative Law Review at American University Washington …

    Notas do episódio

    Today, we are excited to feature a current law student on the Podcast. Joining us is a second-year law student, Jo Ross.

    Jo is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of his graduation requirements, has written an incredible paperdiscussing the Environmental Protection Agency’s wastewater monitoring practices.

    Specifically, Jo analyzed whether the EPA needs to be doing more from a data privacy perspective to ensure that American’s privacy rights are not being violated through wastewater monitoring systems.

  5. Finley “No-Merit” Letters: An Ethical Lawyering Dilemma

    1 h 16 minTemporada 7 · Episódio 6

    On this episode, we take a profoundly hard look at the ethical landscape of criminal defense lawyering through the lens of a Pennsylvania-specific criminal post-conviction procedure called the Finley “No-Merit” …

    Notas do episódio

    On this episode, we take a profoundly hard look at the ethical landscape of criminal defense lawyering through the lens of a Pennsylvania-specific criminal post-conviction procedure called the Finley “No-Merit” letter.

    With us for this discussion is an esteemed group of individuals from Phillips Black, a nonprofit public interest law practice dedicated to providing the highest quality of legal representation to incarcerated individuals in the United States sentenced to the severest penalties under law.

    Joining us are two Phillips Black staff attorneys, Thomas Roberts and Elie Kirshner, both HarvardLaw graduates, as well as their colleagues, Yahya Moore and Stephen Lazar, both of whom were wrongfully convicted of second-degree murder, which, in Pennsylvania, meant that they were automatically sentenced to life without parole. Yahya was incarcerated for 27 years, and Stephen for 16, before both of their convictions and sentences were later vacated. Yahya and Stephen both now work as paralegals helping petitioners navigate post-conviction.

    If you want to learn more about Finley letters after listening, you can check out Phillips Black’s comprehensive Finley Report at phillipsblack.org/finleyreport, or you can read Yahya and Thomas’s co-authored article about Finley letters published by the Harvard Law Review.


  6. Is Social Media Safe for Our Kids?

    27 minTemporada 7 · Episódio 5

    Today, we are excited to feature another current law student on the Podcast. Joining us is second year law student, Nicole Paredes-Cisneros. Nicole is a junior staffer on the Administrative Law Review at …

    Notas do episódio

    Today, we are excited to feature another current law student on the Podcast. Joining us is second year law student, Nicole Paredes-Cisneros.

    Nicole is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of her graduation requirements, has written an incredible paper discussing the regulatory landscape surrounding social media design, with a particular focus on “dark patterns.” As many of the social media giants face landmark trials on child safety, Nicole’s Comment is more relevant than ever.

  7. The State of Environmental Law

    35 minTemporada 7 · Episódio 4

    On this episode, we are so grateful to be joined by Matt Pawa to discuss the intersection of Environmental and Administrative Law. There may be no better person in the field to have as our guest today: Matt is …

    Notas do episódio

    On this episode, we are so grateful to be joined by Matt Pawa to discuss the intersection of Environmental and Administrative Law. There may be no better person in the field to have as our guest today: Matt is a pioneer of environmental litigation, having been involved in many of the nation’s most important environmental cases for over 25years.

    Matt’s 13-year lawsuit against more than a dozen oil companies for polluting New Hampshire groundwater resulted in over $100 million in pre-trial settlements and a $236 million verdict against Exxon Mobil Corp., the largest verdict in state history. He also launched the first ever climate change tort case in the U.S. back in 2004, bringing an action against many of the largest coal burning power plants, allof which has contributed to Matt being widely recognized as the nation’s foremost expert on climate litigation against fossil fuel companies ever since.

    Matt is also no stranger to rolling up his sleeves and keeping the Monkey Wrench spirit of the late, great Ed Abbey alive, noted by the dismissal of all criminal charges he obtained for climate protesters Ken Ward and Jay O’Hara in the Lobster Boat Blockade back in 2014—the case ended so emphatically that the district attorney issued a dramatic statement on the courthouse steps announcing he was dropping the charges and would join an upcoming climate march (pretty impressive stuff to say the least).

    We also want to highlight two other great resources mentioned in this episode: First, go check out Matt’s own podcast, “Mother Earth,” – he is taking a break from it currently, but may return to it at any moment. and Second, we would like to highlight Hazel Rosenblum Sellers recent piece published in the Michigan Law Review entitled: “Good Cause for Goodness' Sake: A New Approach to Notice-and-Comment Rulemaking.”

  8. FAR Out – More Than You May Have Bargained For

    45 minTemporada 7 · Episódio 3

    On this episode we speak with Nancy Lewis about the wide world of Government Contracts. While on its face, government contracts may not sound like the most glamorous field of law,beneath the surface there is a …

    Notas do episódio

    On this episode we speak with Nancy Lewis about the wide world of Government Contracts. While on its face, government contracts may not sound like the most glamorous field of law,beneath the surface there is a complex, dynamic, and endlessly challenging landscape. These behind the scenes, unsung heroes, help negotiate and execute everything from major federal IT overhauls to defense contracts that impact national security. Nancy serves as the Assistant Solicitor and Branch Chief for Acquisitions and Intellectual Property at the U.S. Department of theInterior. A combat veteran and former Army JAG officer, she brings deep expertise from both military and civilian federal procurement. This episodewill explore bid protests, the Federal Acquisition Regulation (known as the FAR), and the evolving challenges agencies and contractors face in today's procurement environment.

  9. California's High Speed Rail Project

    19 minTemporada 7 · Episódio 2

    Today, for the first time ever, we are excited to feature a current law student on the Podcast. Joining us is second-year law student, Jared Zwettler. Jared is a junior staffer on the Administrative Law Review …

    Notas do episódio

    Today, for the first time ever, we are excited to feature a current law student on the Podcast. Joining us is second-year law student, Jared Zwettler.

    Jared is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of his graduation requirements, has written an incredible paperdiscussing the Federal Railroad Administration, otherwise referred to as the “FRA.”

    Specifically, Jared analyzed the FRAs recent action surrounding high speed rail in the U.S., with a particular focus on the California High Speed Rail Project. This is a brief conversation with Jared about his paper, but if you are desiring more, please find a link to Jared’s Comment in the show notes.

    My name is Elliott Hiller, and along with Cyrus Crevits, we are your hosts for this 7th season of A Hard Look.

  10. The GENIUS Act – Evolving Digital Asset Regulation

    59 minTemporada 7 · Episódio 1

    This episode of A Hard Look dives into the regulation of cryptocurrency, one of the hottest and most complex topics in modern finance.From the rise of digital assets to the challenges of oversight and …

    Notas do episódio

    This episode of A Hard Look dives into the regulation of cryptocurrency, one of the hottest and most complex topics in modern finance.

    From the rise of digital assets to the challenges of oversight and enforcement, crypto is testing the boundaries of financial law and innovation. But how is the regulatory landscape evolving? What are the risks and opportunities of digital assets? And with the new administration’s stance on these assets being an about face from the Biden Administration, what does the future hold for cryptocurrency in the United States? Joining us to answer these questions, and many more, are Professors Gerard Comizio and Jerry Buckley.

    Professor Comizio is the associate director of the Business Law Program at American University Washington College of Law, the director of the law school’s Digital Asset Law Project, and currently teaches one of the first digital asset law courses in the United States.

    Professor Buckley is recognized as a thought leader in the field of financial services regulation and is a founding partner of Buckley LLP––the leading national financial services law firm that combined with Orrick in 2023. Professor Buckley also serves as an Adjunct Professor at American University Washington College of Law.

  11. The State of the Administrative State: Trump's First 100 Days

    39 minTemporada 6 · Episódio 7

    In this season's final installment of the Hard Look Series , we take a focused look back at the first 100 days of Donald Trump’s presidency—not through the lens of news headlines or viral clips, but through the …

    Notas do episódio

    In this season's final installment of the Hard Look Series , we take a focused look back at the first 100 days of Donald Trump’s presidency—not through the lens of news headlines or viral clips, but through the quieter, often more consequential corridors of administrative law. Professors Jennifer Selin and Chris Walker join us to reflect.


    View the transcription here.


    Show Notes:

    More From Our Guests:

  12. A Hard Look at the President's Removal Power

    39 minTemporada 6 · Episódio 7

    On this episode of A Hard Look, we examine the President’s power to remove independent agency officials. That’s right! We’re going all the way back to the 1935 landmark decision in Humphrey’s Executor v. United …

    Notas do episódio

    On this episode of A Hard Look, we examine the President’s power to remove independent agency officials. That’s right! We’re going all the way back to the 1935 landmark decision in Humphrey’s Executor v. United States. Helping us navigate this discussion is Daniel Wolff, Partner at Crowell & Moring LLP, and head of the firm’s administrative law practice. Tune in for an in-depth discussion on the future of executive authority and regulatory independence.

    Show Notes:

    Editorial Note: This episode was recorded in March 2025, and the status of any ongoing cases discussed may have changed since then.

    Recommended Readings

    • Humphrey’s Executor v. United States (1935)

    • Myers v. United States (1926)

    • Morrison v. Olson (1988)

    • Seila Law LLC v. Consumer Financial Protection Bureau (2020)

    • Trump v. Wilcox (2025)


    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 [email protected].





    Visit our website: https://administrativelawreview.org/podcast-a-hard-look/

  13. The Post-Loper Bright Landscape

    44 minTemporada 6 · Episódio 6

    On this episode of A Hard Look, we’re discussing the implications of the Supreme Court’s decision in Loper Bright; the case that overruled the infamous Chevron Doctrine. Since last summer, there has been …

    Notas do episódio

    On this episode of A Hard Look, we’re discussing the implications of the Supreme Court’s decision in Loper Bright; the case that overruled the infamous Chevron Doctrine. Since last summer, there has been meaningful legal developments within lower circuits. Professor of Law and legal scholar, Cary Coglianese, joins us to discuss what—if any—indications these decisions mean for a post-Loper Bright landscape.(*)


    * Editorial Note: At the time of recording, this episode referred to the article Professor Coglianese wrote with Professor Daniel E. Walters, “The Great Unsettling: Administrative Governance After Loper Bright,” as “forthcoming.” This article has since been published and is now available online at the adminstrativelawreview.org.


    The transcript of the episode can be found here or on our website.


    Show Notes:

    Listen to our pre-Loper Bright episode, where we interviewed Daniel M. Sullivan to discuss the critiques and weaknesses of Chevron doctrine, potential constitutional problems with judicial review of agency decisions, and what administrative law may look like after the decision.

    Read more:

  14. DOJ’s “Bad Blood” with Live Nation-Ticketmaster

    28 minTemporada 6 · Episódio 5

    How did a chaotic Taylor Swift ticket sale lead to DOJ filing a suit against the largest entertainment company in the world? In yet another example of how administrative law touches our everyday lives, we …

    Notas do episódio

    How did a chaotic Taylor Swift ticket sale lead to DOJ filing a suit against the largest entertainment company in the world? In yet another example of how administrative law touches our everyday lives, we examine the DOJ’s pursuit to exercise its enforcement powers by pursuing antitrust claims against Live Nation and its subsidiary, Ticketmaster. Attorney Reb Masel from Rebuttal Podcast, joins us to discuss the legal framework that grants DOJ enforcement power and the extent to which DOJ—and other agencies—can wield it. Special thanks to ALR Staffers Linda Cullen, Peyton Kreuscher, and Maddie Haggard for their assistance with research and preparation for this episode.


    The transcript of this episode can be found here.


    Show Notes:

  15. A Quick Look at the Administrative Procedure Act

    10 min

    In our second installment of our new “Quick Look” series, we review the Administrative Procedure Act—or APA—a vital statute that is key to navigating and influencing the regulatory world. Show Notes …

    Notas do episódio

    In our second installment of our new “Quick Look” series, we review the Administrative Procedure Act—or APA—a vital statute that is key to navigating and influencing the regulatory world.

    Show Notes:

    Administrative Procedure Act, Pub L. No. 79-404, 324 Stat. 237 (1946) ACUS Sourcebook Judicial Review Under the Administrative Procedure Act (APA) by Congressional Research Service Administrative Law and Regulatory Policy: Problems, Text, and Cases by Stephen G. Breyer, et al. George B. Shepherd, The Administrative Procedure Act Emerges from New Deal Politics, 90 Nw. L. Rev. 1557 (1996). The Federal Register
  16. A Hard Look at Project 2025: Part Two

    1 h 8 minTemporada 6 · Episódio 3

    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 …

    Notas do episódio

    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 [email protected].


    The transcript for this episode can be found here.

  17. A Hard Look at Project 2025: Part One

    14 minTemporada 6 · Episódio 2

    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 …

    Notas do episódio

    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 [email protected].


    The transcript for this episode can be found here.

  18. A Quick Look at Administrative Law

    10 minTemporada 6 · Episódio 1

    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 …

    Notas do episódio

    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 [email protected].

  19. Season 6 Trailer

    2 minTemporada 6Trailer

    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 …

    Notas do episódio

    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 [email protected].

  20. Above the Law? Exploring Presidential Immunity from Criminal Prosecution

    1 h 3 minTemporada 5 · Episódio 8

    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 …

    Notas do episódio

    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.

  21. The Real Effect of Regulatory Ambiguity

    49 minTemporada 5 · Episódio 7

    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 …

    Notas do episódio

    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 Transcript
    J.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.

  22. The Brave New World of Administrative Law

    55 minTemporada 5 · Episódio 6

    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 …

    Notas do episódio

    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 [email protected]

  23. Loper Bright and the Future of Chevron

    55 minTemporada 5 · Episódio 5

    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 …

    Notas do episódio

    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 [email protected]


    Recommended Reading:

    Chevron v. NRDC Marbury v. Madison Amicus and Filings for Loper Bright Transcript

  24. The Fall of Silicon Valley Bank

    32 minTemporada 5 · Episódio 4

    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 …

    Notas do episódio

    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 [email protected]

    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

  25. Major Questions About Major Questions Doctrine

    53 minTemporada 5 · Episódio 3

    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 …

    Notas do episódio

    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 [email protected]

    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

  26. Biting the Hand that Feeds?

    55 minTemporada 5 · Episódio 2

    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 …

    Notas do episódio

    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 [email protected]

    ---

    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

  27. Deported Over A Typo

    53 minTemporada 5 · Episódio 1

    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 …

    Notas do episódio

    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 [email protected]


    ---

    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. Garland
    Patel v.Garland
    Congressional Research Service: U.S. Immigration Courts and the Pending Cases Backlog
    Innovation Law Lab: The Attorney General’s Judges

  28. The Uncertain Future of Plan C

    21 min

    On this episode of the ⁠Administrative Law Review’s A Hard Look⁠, tune in to listen to our Senior Technology Editor, ⁠Alexander Naum⁠ speak with Lauren Saxe, a rising 2L at American University Washington …

    Notas do episódio

    On this episode of the ⁠Administrative Law Review’s A Hard Look⁠, tune in to listen to our Senior Technology Editor, ⁠Alexander Naum⁠ speak with Lauren Saxe, a rising 2L at American University Washington College of Law and ALR's incoming Senior Symposia & Communications Editor. In this episode, we review the regulatory framework surrounding FDA’s approval of Mifepristone in 2000. Including reviewing and questioning its REMS status by the Agency. As well as analyzing how the Supreme Court’s ruling in Dobbs has limited access to this medication. And how recent and pending federal jurisprudence can potentially jeopardize nationwide access to this medication for patients seeking access to abortion and miscarriage treatment. 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 Bennett Nuss at [email protected]

  29. Regulating Generative AI

    39 min

    On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum, and our Technology Editor, Eva Pedersen speak with information justice and …

    Notas do episódio

    On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum, and our Technology Editor, Eva Pedersen speak with information justice and intellectual property expert, Michael W. Carroll. In this episode, we review the emergence of generative artificial intelligence (AI), including the popular program "ChatGPT." We analyze the potential fair use implications of these programs, as well as the broader ethical and legal challenges in regulating these programs.

    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 Alexander Naum at [email protected].


  30. The Forgotten Toxin: The Fight to Finally Ban Asbestos

    49 min

    On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum speak with Linda Reinstein (President and Co-founder of the Asbestos Disease …

    Notas do episódio

    On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum speak with Linda Reinstein (President and Co-founder of the Asbestos Disease Awareness Organization). In this episode, we explore the history of asbestos’s commercial use in the United States and the health threats associated with asbestos exposure. The episode dives into the EPA’s failed attempt to ban asbestos and the gaps found within current asbestos regulation. As well as the continued progress made by the Asbestos Disease Awareness Organization in urging Federal Agencies and Congress to protect workers and communities from asbestos exposure.

    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 Alexander Naum at [email protected]

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