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In-depth analysis of federal, state, and local regulatory policies and their potential implications.

Deep Dive Episode 129 – Environmental Citizen Suits and SEPs: Do Constitutional and Nondelegation Concerns Outweigh Environmental Benefits?

September 2, 2020

Are Supplemental Environmental Projects–citizen suits filed alongside the government’s environmental enforcement actions–an unconstitutional infringement on a core executive function?

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Deep Dive Episode 128 – Can States Trump Interstate Commerce?

August 27, 2020

Experts explore state laws and regulations that expand states’ reach into national and international affairs, and go on to discuss different interpretations of the Constitution regarding the role of the judiciary in evaluating such laws.

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Deep Dive Episode 127 – Should the Fed Create Fedcoin, Digital Dollars, and Fed Accounts?

August 25, 2020

Some say the U.S. Federal Reserve should issue a  “Fedcoin” or “digital dollar.” This live podcast discusses the pros and cons of such a move.

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Deep Dive Episode 126 – Minutes to Midnight, or Teeing Up a Second Term?

August 19, 2020

To what extent can the current administration issue “midnight rules” affecting policy beyond January 20? And to what extent could the Congressional Review Act permanently erase those rules?

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Deep Dive Episode 125 – The New Title IX Rules

August 13, 2020

This live podcast discusses and analyzes what new Title IX rulemaking means for students, schools, potential legal challenges, and future administrations.

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Deep Dive Episode 124 – Labor Law Compliance Issues Posed by COVID-19

August 10, 2020

This live podcast examines federal and state labor and employment issues caused by COVID-19 and reviews options for employers to consider.

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Deep Dive Episode 123 – Antitrust Investigations into Big Tech Companies

August 6, 2020

This live podcast explores what investigations into big tech tell us about innovation and antitrust, as well as the current concerns regarding these firms’ market power and conduct.

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Deep Dive Episode 122 – New Labor Department Rule: Taking on ESG Investment Risk to American Retirement Security

July 28, 2020

In this live podcast, J.W. Verret discusses the Labor Department’s proposed rules regarding ESG investing and their implications for retirement security.

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Deep Dive Episode 121 – Book Review: The Dubious Morality of Modern Administrative Law

July 22, 2020

In this live podcast, Prof. Adam J. White interviews Prof. Richard Epstein about his new book, and then Prof. Epstein fields caller questions on administrative law.

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Deep Dive Episode 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

July 13, 2020

This expert panel examines recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. How far does FTC statutory authority under 6(g) extend? Is rulemaking appropriate as a matter of policy? How has FTC rulemaking fared in the past and what guideposts should apply?

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