Does Federal Permitting Under the National Environmental Policy Act Need Reform?

March 5, 2020

The National Environmental Policy Act (NEPA) was designed to regulate federal infrastructure projects to minimize harmful environmental impact. Over time, the review process has become lengthy and costly. This process has delayed or condemned needed construction of roads, pipelines, and power lines.

In this video, Professor James Coleman discusses possible benefits of NEPA reform, while explaining why the issue is hotly debated. He proposes a new way of formulating the question that could be discussed without resorting to partisanship.

Government Surveillance: Security v. Liberty?

February 5, 2020

In this Fourth Branch video, Matthew Heiman and Julian Sanchez debate the pros and cons of government surveillance and Faisal Gill, a former Department of Homeland Security official who was surveilled by the federal government beginning in 2006, tells his story.

What’s Next for Fannie, Freddie, and Housing Finance Reform?

December 20, 2019

On December 10, 2019, the Regulatory Transparency Project hosted an event at the National Press Club in Washington, DC. The title of the event was “What’s Next for Fannie, Freddie, and Housing Finance Reform?”

The Federal Housing Finance Agency (FHFA) oversees the administration of both Freddie Mac and Fannie Mae. What’s next for the agency? What are the priorities that the agency should be pursuing?

Executive Agencies’ Effects on Innovation and Consumers under President Trump

December 20, 2019

On December 4, 2019, the Federalist Society’s Triangle Lawyers Chapter, Fox Rothschild LLP, and the Regulatory Transparency Project co-sponsored an event at the Sheraton Hotel in Durham, North Carolina. The event discussed “Executive Agencies’ Effects on Innovation and Consumers under President Trump”.

Public Piracy of Private Property? Allen v. Cooper

November 4, 2019

The wreck of the Queen Anne’s Revenge, a ship captained by Blackbeard that sank in the early 18th century, sits underwater just off the coast of North Carolina.

Frederick Allen is the exclusive photographer and videographer of the wreck. In 2013, he found that North Carolina was using his footage on state websites without paying royalties – even though he had federal copyright protection for the material. After a settlement, the state continued to use the footage, and in a dispute now before the Court, Allen claims that the state agency officials are using video/photography materials disregarding due process and copyright law.

North Carolina argues that it is covered by sovereign immunity, and thus shielded from a suit over copyright violations.

Are members of a state agency exempt from copyright lawsuits in the name of state sovereign immunity?

The case will be argued before the U.S. Supreme Court on November 5.

Regulatory Sandboxes & Consumer Protection

September 26, 2019

What are regulatory sandboxes? How might they promote and stimulate innovation? What risks might they pose to consumers? Regulatory experts explore and debate the implications of these unique regulatory environments.

Accounting for Race 101: Virginia Universities and Racial Preferences

September 24, 2019

On September 10, 2019, The Federalist Society hosted a luncheon co-sponsored with the Center for Equal Opportunity (CEO). CEO released and presented a new study and report entitled “Race and Ethnicity in Undergraduate Admissions at Five Virginia Universities,” which examined how admissions programs at five Virginia public universities (University of Virginia, College of William & Mary, Virginia Tech, James Madison University, and George Mason University) preference certain applicants based on race. The results of the study and its implications for the broader academic discussion of racial preferences in college admissions were discussed by the panelists.

E-Cigarettes: Smoke & Mirrors

August 26, 2019

In this Fourth Branch video, legal and healthcare experts debate how federal and state agencies should approach the regulation of e-cigarettes. Should vaping be encouraged as a harm-reduction strategy, with the aim of reducing cigarette-related deaths, or should regulators seek to restrict the availability of e-cigarettes, with the aim of preventing nicotine addiction? This video explores these questions and more.

Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?

July 19, 2019

On June 18, 2019, the Federalist Society’s Article I Initiative and Regulatory Transparency Project hosted a panel on “Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?” at the National Press Club in Washington DC.

In his recent article, “Strategic Institutional Positioning: How We Have Come to Generate Environmental Law Without Congress,” Donald Kochan lays out the argument that delegation of authority to agencies serves the interests of both sides of Congress. 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?

The Jones Act: Debating the Lingering Effects of a 100-Year-Old Law

July 2, 2019

Passed into law in 1920, the Jones Act is a ban on transport between two U.S. ports, unless it’s on a U.S.-built, U.S.-manned, U.S. flagged, and U.S.-owned ship. The Jones Act was designed to protect the United States’ shipbuilding industry and to ensure that U.S. waters and ports are safe and secure. Some argue, however, that in the context of the modern shipping economy the Jones Act does little to protect national security and, instead, raises prices on U.S. consumers and businesses.

In this Fourth Branch video, James Coleman (Dedman School of Law) and George Landrith (Frontiers of Freedom Institute) discuss the Jones Act’s history, debate its impact on American society today, and explore whether the Jones Act should be updated for today’s economic and national security needs.