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

Deep Dive Episode 55 – Regulatory Reform Report Card: Agency General Counsel Perspective

May 28, 2019

In this episode, General Counsels from a number of federal agencies take stock of the current administration’s regulatory reform agenda two years on.

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Deep Dive Episode 54 – Department of Interior Considers Rulemaking on the Right to Use Eagle Feathers in Religious Exercise

May 20, 2019

It is currently a federal crime, under the Bald and Golden Eagle Protection Act, for many Native Americans to possess eagle feathers for religious use. In the 53rd episode of the Fourth Branch podcast series, Joe Davis addressed the proposed rulemaking and its relationship to evolving First Amendment jurisprudence.

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Deep Dive Episode 53 – Analyzing the Regulatory Thicket

May 17, 2019

Brooks Rainwater and Luke Wake explore whether we should maintain the status quo, seek to scale-back existing regulation, and/or winnow existing regulatory regimes.

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Deep Dive Episode 52 – Race In Admissions: Texas Tech Medical School

May 15, 2019

The Texas Tech Medical School recently approved an agreement with the Department of Education’s Office for Civil Rights to end the use of racial preferences in their admissions process. Roger Clegg joins us to discuss the recent agreement and its implications.

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Deep Dive Episode 51 – Emerging Tech and Regulation

May 13, 2019

In this episode, leading thinkers from across the emerging tech space discuss the regulatory environment for everything from drones to autonomous vehicles.

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Deep Dive Episode 50 – Analyzing the New Proposed Rule Defining “Waters of the United States”

May 10, 2019

For decades, the EPA and Corps have struggled to come up with a proper definition that is both consistent with the plain language of the statute, respects the state role in addressing water pollution, and is consistent with the rule of law. In this episode, experts will discuss a recently proposed rule defining “waters of the United States” and its implications.

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Deep Dive Episode 49 – How Should the IRS Handle Cryptocurrencies?

May 1, 2019

James Foust discusses the ambiguity that exists around the treatment of cryptocurrency at the IRS and explores actions that Congress and the IRS could take to fill the gaps.

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Deep Dive Episode 48 – The Wage & Hour Trifecta: DOL Proposals on Overtime Exemptions, the Overtime Calculations, and Joint Employment

April 30, 2019

Tammy McCutchen discusses the Department of Labor’s recently published proposals to revise the FLSA regulations on joint employment, overtime exemptions, and the regular rate/overtime calculation.

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Deep Dive Episode 47 – The Songwriting Industry and Antitrust Consent Decrees

April 25, 2019

Kristen Osenga and Mark F. Schultz explore the antitrust consent decrees that have regulated a large part of the music business for eight decades.

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Deep Dive Episode 46 – Big Tech, Competition, and Antitrust Enforcement

April 24, 2019

Neil Chilson and Charlotte Slaiman discuss the debate over governmental oversight of big tech companies and the proper role of the federal government in promoting consumer welfare and market competition.

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