Yes, Judge, We Do Think About Reviewability

Brian Mannix

April 24, 2020

Parties who disagree with an agency’s action have recourse to the courts; but, if the agency is doing its job properly, it should not be vulnerable for failures of administrative procedure.

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Relax, a Capital Idea

Wayne A. Abernathy

April 2, 2020

The Federal Reserve Board began the second quarter of the year by relaxing part of its capital rules for bank holding companies. In particular, its interim final rule would exclude from some capital calculations the investments that banks have in funds placed with the Fed and holdings of U.S. Treasury securities.

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Half-Baked Benefits: New Jersey Repeats the Mistakes of the Past in Its New Portable-Benefit Law for Gig Workers

Alexander MacDonald

March 2, 2020

Rather than forcing twenty-first century markets into twentieth-century models, legislators should be thinking outside the box.

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California’s Occupational Licensing Laws Shouldn’t Kick People When They’re Down

Anastasia P. Boden

February 18, 2020

It’s become somewhat of a banality to say that occupational licensing has run amok.  As studies pile up showing that licensure has virtually no effect on quality—yet drives prices up, stifles innovation, and keeps people out jobs—a bi-partisan coalition has emerged in favor of rolling back licensure and restoring economic opportunity.

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The Gig is Up?

Bruce J. Sarchet

February 3, 2020

…the gig economy is here to stay, and government efforts to regulate this growing sector of our society, our workplaces, and our daily lives will continue to expand.

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Quarles’ Conundrum of Bank Supervision

Wayne A. Abernathy

January 27, 2020

Without subpoenas, bank examiners routinely poke through the books, records, premises, and operations of chartered banking firms.  In fact, examiners are resident—as in, have permanent offices—in the headquarters of the larger banks.  They essentially live there.  Intrusive examination is the core of bank supervision.

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The NLRB and Weaponization of Recusal Motions

Tammy McCutchen

January 6, 2020

National Labor Relations Board member William Emmanuel has been under attack almost immediately after and continuously since he landed at the NLRB.

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Welcome to the New “Explainer Podcast”

James W. Coleman

December 10, 2019

American governments are facing several growing problems – such as how to address climate change despite rising carbon emissions, how to preserve privacy despite the spread of new technology, and how to ensure affordable housing despite rising housing costs.

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Real Harms from Racial Discrimination in Harvard Admissions

Wen Fa

December 2, 2019

“If you are an Asian American — or even if you simply have an Asian or Asian sounding surname — you need to be careful about what you do and don’t say in your application.” That’s from The Princeton Review, and it’s indicative of what Asian-American teenagers can expect to read in college admissions guidebooks and hear from high school counselors.

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Welcome to the “Deep Dive Podcast”

Matthew R. A. Heiman

December 2, 2019

Welcome to the newly branded Deep Dive podcast series by the Federalist Society’s Regulatory Transparency Project.

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