Leading experts discuss the pros and cons of government regulations and explain how they affect everyday life for Americans.

Deep Dive Episode 65 – Subdelegations of Rulemaking Power and the Appointments Clause

July 25, 2019

In this episode, experts discuss whether the constitution permits inferior officers in federal agencies to issue binding rules.

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Deep Dive Episode 64 – The Federal Reserve and Real-Time Payment Systems

July 19, 2019

The Federal Reserve is currently exploring ways to support faster payments in the U.S., a move which would facilitate real-time interbank settlement of faster payments. Experts discuss the implications and challenges of this change.

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Deep Dive Episode 63 – Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?

July 10, 2019

What are the advantages and disadvantages of such a system? Should specialized bureaucrats do the lion’s share of rulemaking? Or should elected Senators and Congressman, often without the same level of expertise, write the rules that govern our nation? In this episode, experts discuss these questions and more.

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Deep Dive Episode 62 – An Update on Kisor v. Wilkie

July 3, 2019

In this episode, Karen Harned and Stephen Vaden discuss the Supreme Court’s recent decision in Kisor v. Wilkie, a case with important implications for judicial deference to agency interpretation of rules.

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Deep Dive Episode 61 – Gundy v. United States: Revisiting the Nondelegation Doctrine, or Not?

June 28, 2019

How much discretion can Congress delegate to federal agencies and their officers while still retaining the separation of powers? Mark Chenoweth discusses the Supreme Court’s decision in Gundy v. United States and its implications going forward for the nondelegation doctrine.

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Deep Dive Episode 60 – Juliana v. United States

June 25, 2019

Juliana v. United States is a pending lawsuit in which a group of minors alleges that the government has violated their right to a stable climate under the 5th Amendment. In this episode, experts discuss the recent oral arguments in the case, the potential outcome, and the constitutional implications of the case.

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Deep Dive Episode 59 – Cedar Point Nursery v. Shiroma

June 17, 2019

A recent Ninth Circuit decision held that a California regulation allowing labor organizers to spend time on an employer’s property for the purpose of soliciting union membership did not count as a ‘physical taking’ under the 5th Amendment. Wen Fa and Bethany Berger discuss the implications of this decision.

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Deep Dive Episode 58 – LIBOR – Will a $200 Trillion Global Benchmark Disappear – or Not?

June 13, 2019

LIBOR is a hugely important interest rate benchmark, used globally and embedded in over $200 trillion of financial contracts. Experts discuss the challenges and future of this index.

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Deep Dive Episode 57 – Payday Lending Loans

June 5, 2019

In this episode, Todd Zywicki (Antonin Scalia Law School) discusses recent proposed rulemaking from the Consumer Financial Protection Bureau rescinding the “ability to repay” standard on small dollar lenders.

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Deep Dive Episode 56 – Loan Shark Prevention Act

May 31, 2019

This podcast examines the economics of interest-rate ceilings on consumer credit and the historical experience with such proposals, and discusses a proposal to create a Post Office bank.

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