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The Federalist Society에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 The Federalist Society 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
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Explainer Episode 70 - Litigation Update III: The Supreme Court takes the Vape case--Food and Drug Administration v. Wages and White Lion
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The Federalist Society에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 The Federalist Society 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
On July 2, 2024, the US Supreme Court granted certiorari in the case, Food and Drug Administration v. Wages and White Lion Investments, LLC. In Explainer Episode 70, expert Jeff Stier discusses the FDA's regulatory action prohibiting specific vape flavors from being sold by these two companies, and the legal issues that the Supreme Court will review in the October 2024 term. What are the implications of the FDA prohibiting the sale of these vape flavors? What regulatory process did the FDA use to make this determination? Why did the FDA decide to allow certain vape flavors, and not others? What are the effects on the FDA's decision in this case on smokers? In promoting public health? On consumers? On the companies?
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411 에피소드
Manage episode 433178296 series 3276400
The Federalist Society에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 The Federalist Society 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
On July 2, 2024, the US Supreme Court granted certiorari in the case, Food and Drug Administration v. Wages and White Lion Investments, LLC. In Explainer Episode 70, expert Jeff Stier discusses the FDA's regulatory action prohibiting specific vape flavors from being sold by these two companies, and the legal issues that the Supreme Court will review in the October 2024 term. What are the implications of the FDA prohibiting the sale of these vape flavors? What regulatory process did the FDA use to make this determination? Why did the FDA decide to allow certain vape flavors, and not others? What are the effects on the FDA's decision in this case on smokers? In promoting public health? On consumers? On the companies?
…
continue reading
411 에피소드
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1 Tech Roundup Episode 24 - DOGEing Barriers? Legal Challenges to AI in Government 44:13
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Artificial Intelligence has been rapidly brought to the forefront of the public conversation in recent months. President Trump has pledged to support AI innovation, while the newly-established Department of Government Efficiency (DOGE) has been working to streamline government processes through AI. Join our panel of experts, including Dhruva Krishna, Dr. Megan Ma, and Kevin Fraizer, for a discussion on the benefits and legal ramifications of incorporating AI into government.…
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1 Explainer Episode 85 - Rebuilding California: Lessons from the Pacific Palisades Fire 47:43
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The 2025 Pacific Palisades Fire has underscored the challenges of building in California’s complex regulatory landscape. In response, Governor Newsom issued an executive order suspending CEQA and Coastal Act requirements to expedite reconstruction, raising important questions about the future of development in the state. In this podcast, experts Jeremy Talcott and Donald Kochan examine California's regulatory environment before the disaster and the broader implications of its permitting processes in the effort to rebuild. Join us for an in-depth discussion on balancing efficient recovery with long-term regulatory considerations.…
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1 Deep Dive 305 - Does President Trump Have the Authority to Pause and Modify the Medicare Drug Price Negotiation Program? 59:37
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Since its inception, the Inflation Reduction Act’s (IRA) Medicare Drug Price Negotiation Program has been contentiously debated. For example, several pharmaceutical manufacturers filed a lawsuit against the U.S. Department of Health and Human Services (HHS) challenging the program’s constitutionality. This webinar will discuss whether the Biden Administration’s implementation and interpretation of the IRA go beyond Congress’s intent or constitutional boundaries. The Centers for Medicare & Medicaid Services recently issued a statement that the Trump Administration is committed to “incorporating lessons learned to date from the program and considering opportunities to bring greater transparency in the Negotiation Program. CMS intends to provide opportunities for stakeholders to provide specific ideas to improve the Negotiation Program, consistent with the goals of achieving greater value for beneficiaries and taxpayers while continuing to foster innovation.” Accordingly, this webinar discusses whether the Trump Administration may pause the program and whether Congress should repeal the program. Featuring: (Moderator) John Shu, Attorney and Legal Commentator Jeff Stier, Senior Fellow, Conumer Choice Center and Taxpayers Protection Alliance Dan Troy, Managing Director, Berkeley Research Group…
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1 Deep Dive 304: Stargate and DeepSeek: The International and Technological Implications of the AI "Arms Race" 56:07
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On January 22, 2025, newly-elected President Trump announced a widespread project to invest $500 billion in American AI development, known as “Stargate.” A few days later, a new Chinese AI chatbot program “DeepSeek” was launched to the shock of US tech investors. What do these new developments mean for the AI dominance race? What will the changing global and trade relations signify for AI innovation and production? Join us for a discussion on these and other updates to the international AI conversation, featuring Neil Chilson from the Abundance Institute, and John Villasenor from Brookings, and moderated by Ashkhen Kazaryan from Stand Together.…
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1 Explainer Episode 84 - How Far Do the Executive Orders Go Towards Ending DEI? 47:34
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Linda Chavez, Chairman for the Center for Equal Opportunity, moderates a discussion between the Heritage Foundation’s Senior Legal Fellow, GianCarlo Canaparo and Dan Morenoff, Executive Director of the American Civil Rights Project. They discuss President Trump’s orders relating to civil rights enforcement and discrimination (including discrimination touted as serving “diversity,” “equity,” “inclusion,” “accessibility,” and “environmental justice,” among others).…
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1 Tech Roundup Episode 23 - Privacy and Safety: Key Arguments of the Age Verification Debate 43:33
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On January 15, the Supreme Court heard oral arguments for Free Speech Coalition, Inc. v. Paxton, a case involving Texas H.B. 1181, which is a law that imposes an age-verification requirement for adult sexual content websites. While content filtering has been used in the past by parents to regulate their children’s access to adult websites, the rapid advancement of technology in the past 20 years has raised concerns about the success of content filtering. The age verification requirement poses a more effective alternative, but if implemented, it could have implications for privacy concerns and free speech rights. Jennifer Huddleston from the Cato Institute is joined by Clare Morell of the Ethics and Public Policy Center, Bailey Sanchez of the Future of Privacy Forum, and Shoshana Weissmann of the R Street Policy Institute, to discuss the advantages and disadvantages of age verification laws, the policy implications of H.B. 1181, and the potential outcome of the Supreme Court case.…
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1 Explainer Episode 83 - The Failed JetBlue-Spirit Merger: The Past and Present Approach to Mergers 27:11
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In November 2024, Spirit Airlines filed for bankruptcy after a federal judge blocked their proposed merger with JetBlue Airlines earlier that year. Far from simply impacting travel plans, however, the failed merger shows the Federal Trade Commission's recent focus on efficiency. Former FTC General Counsel Alden Abbott joins the podcast to discuss the antitrust background of the case, and whether such federal interference actually benefits consumer competition.…
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1 Deep Dive Episode 302 - Department of Government Efficiency: Opportunities and Challenges (Part I) 58:06
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President-elect Trump has announced that entrepreneurs Elon Musk and Vivek Ramaswamy will lead a new Department of Government Efficiency “to cut the federal government down to size.” In a Wall Street Journal op-ed last month, Musk and Ramaswamy promised DOGE would yield “a drastic reduction in federal regulations” that would pave the way for “mass head-count reductions across the federal bureaucracy.” So far, however, there are questions about the specifics of how the new president would nullify thousands of regulations. Hon. Susan Dudley discusses what the future of DOGE may look like in an article for Forbes and a second piece in the Wall Street Journal. In addition, Prof. Nicholas Bagley discusses DOGE in his article for The Atlantic. Please join us on December 19 at 3 PM EST, as this panel will provide a practical overview of how DOGE might operate to reduce regulations, and the opportunities and challenges it will face. Featuring: Hon. Susan Dudley (Moderator), Founder, GW Regulatory Studies Center & Distinguished Professor of Practice Trachtenberg School of Public Policy & Public Administration, George Washington University Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School Prof. Christopher Walker, Professor of Law, University of Michigan Law School…
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1 Deep Dive Episode 303 - Department of Government Efficiency: Opportunities and Challenges (Part II) 57:23
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President-elect Trump has announced that entrepreneurs Elon Musk and Vivek Ramaswamy will lead a new Department of Government Efficiency (“DOGE”). In a Wall Street Journal op-ed this past November, the pair explained that they have a sweeping mandate to cut the overreaching contra-constitutional federal bureaucracy “down to size” and “deliver a federal government that would make our Founders proud.” They said they will first focus on identifying executive actions that can be taken to rescind “thousands” of regulations that exceed the statutory authority of the issuing agencies. These dramatic regulatory rollbacks will support significant agency staff reductions in force and other cost-saving administrative reforms. Musk and Ramaswamy alsopromised that DOGE will cut the size and cost of government by challenging the constitutionality of the 1974 Impoundment Control Act and identifying executive actions that can be taken to materially improve the cost-effectiveness of the government’s procurement process. The panel discussion in Part One of this program, Department of Government Efficiency: Opportunities and Challenges (Part I) discussed the main challenges that DOGE will face as it attempts to fulfill its sweeping mandate within the eighteen-month time limit set for the task. These challenges include the certainty that widespread resistance to DOGE will be mounted by interests benefitting from the status quo, the complexity and length of the typically contested process required to rescind existing regulations, and the strength of the widely held conflicting belief that administrative reform efforts should be focused on improving regulation rather than simply eliminating regulation. Part II of this program will continue a discussion of the challenges that DOGE will face, and will also identify some specific executive actions that could mitigate at least some of these challenges. Featuring: Abhishek Kambli, Deputy Attorney General, Office of the Kansas Attorney General J. Kennerly Davis, Senior Attorney, Former Deputy Attorney General for Virginia (Moderator) Casey Mattox, Vice President, Legal Strategy, Stand Together…
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1 Explainer Episode 82 - Is Gender Dysphoria a Protected Disability? 48:47
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In this episode, Rachel Morrison from the Ethics and Public Policy Center and Gregory Baylor from Alliance Defending Freedom discuss recent court and agency decisions. These experts discuss whether “gender dysphoria” is a “disability” under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Featuring: Gregory S. Baylor, Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom Rachel Morrison (Moderator), Fellow, Ethics and Public Policy Center…
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1 Explainer Episode 81 - State AG Litigation Against Federal Agencies: A Kansas Perspective 32:21
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State Attorneys General have been active in recent years in filing lawsuits against federal agencies. From cases like West Virginia v. EPA to Biden v. Nebraska, state AG lawsuits have prevented significant overreach by federal agencies. In the past year, the Office of the Kansas Attorney General has been one of the most active in this space. Abhishek Kambli and Erin Gaide from the Kansas AG's office discuss the litigation that their office has done this past year. They have filed lawsuits in cases such as Kansas v. Biden (later retitled Alaska v. Department of Education) that challenged the $475 billion student loan forgiveness plan called "SAVE" and Kansas v. Department of Education that challenged the new Title IX regulation that expanded the definition of sex to include gender identity. Abhishek Kambli and Erin Gaide discuss these and other cases in depth to provide a window into this unique type of litigation. Featuring: Abhishek Kambli, Deputy Attorney General, Kansas Office of the Attorney General Erin Gaide, Assistant Attorney General, Kansas Office of the Attorney General…
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1 Deep Dive 302: Is FTC Administrative Litigation Constitutional? 1:01:29
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Axon and Jarkesy have renewed scrutiny of the constitutionality and fairness of FTC’s administrative litigation. For example, the President cannot remove Administrative Law Judges nor FTC Commissioners, and FTC Commissioners both vote to issue the complaint and decide its merits in proceedings. Parties before the DOJ-Antitrust Division, on the other hand, go directly before an Article III judge, and avoid administrative litigation altogether. This panel, featuring the former FTC Acting Chairman, Commission advisors, and administrative law experts, discussed these and other constitutional challenges to FTC’s administrative litigation. If the courts ultimately uphold constitutionality, is Congressional reform warranted? Should FTC’s administrative tribunal be abolished altogether? Or are internal process reforms sufficient to afford fairer process? Keith Klovers' article, "Three Options for Reforming Part 3 Administrative Litigation at the Federal Trade Commission," as referenced in the discussion.…
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1 Immigration Enforcement, Business Compliance, and the Equal Access to Justice Act 30:59
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In this episode, Randel K. Johnson and Andrew Kilberg discuss the often ephemeral nature of the Rule of Law in immigration and other enforcement proceedings, with a particular focus on the challenges faced by small businesses when confronted with a heavy-handed bureaucracy and the practical difficulties of obtaining judicial review. The experts also examine the Equal Access to Justice Act (EAJA), considering potential legislative reforms to improve the ability of small entities to vindicate their rights before agencies and the courts while improving enforcement and maintaining accountability in regulatory matters. Featuring: Randel Keith Johnson, Immigration Academic Fellow, Cornell Law School Andrew Kilberg, Partner, Gibson Dunn…
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1 Explainer Episode 79- Don't Chase Rabbit Trails: The SEC Now and in the Next Administration 51:48
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In this episode, financial experts look back on recent SEC regulation, enforcement, and litigation, as well as their predictions for the next SEC leadership under a second Trump administration. C. Wallace DeWitt, Securities lawyer Brian Knight, Director of Innovation and Governance and Senior Research Fellow, Mercatus Center at George Mason University Jennifer Schulp, Director of Financial Regulation Studies, Cato Institute’s Center for Monetary and Financial Alternatives…
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1 Deep Dive 301 - Exploring Tradeoffs: The Nexus Between Antitrust and Security 1:00:03
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Antitrust efforts have become prevalent in the courts and legislative bodies, both in the United States and abroad. A recent example is the U.S. Department of Justice's case against Google for alleged anticompetitive behavior in its search business. Though cybersecurity and national security concerns are traditionally not included in antitrust efforts, the implications of such priorities should be carefully considered. Join a panel of leading security and antitrust experts for a discussion on recent antitrust actions, how security is directly and indirectly implicated, and considerations for the future.…
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