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

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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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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