Gray Matters

This episode of Gray Matters is the first of a three-part series and came out of a recent conference we hosted about the future of financial regulation. In this episode, Adam White speaks with former FDIC Chairman Jelena McWilliams about the current state of banking regulation. They discuss presidential oversight of the FDIC, how chairman McWilliams thought about her role, and the most pressing issues facing banks and regulators today.

Notes:

• Videos from the conference
• Chairman McWilliams's op-ed in the Wall Street Journal about changes in FDIC practice
• Wall Street Journal editorial about Chairman McWilliams's resignation from the FDIC

Adam White and Jace Lington talk with Jonathan Wolfson about a new Cicero Institute report that ranks state regulatory systems based on their accountability, responsiveness, and transparency. They discuss cost-benefit analysis, regulatory sunset provisions, state-level centralized review modeled on OIRA, and venue restrictions.

Notes:

• Matthew Nolan and Jonathan Wolfson, National Regulatory Reform: Progress Rankings Report 2023
• Matthew Nolan and Jonathan Wolfson, State Regulatory Processes Are Ripe for Reform, Governing
• Cicero Institute, Regulatory Sunset Model Bill
• Harvard Journal of Law & Public Policy, Administrative Law in the States
• Eugene Scalia, 2023 C. Boyden Gray Lecture on the Administrative State, “The Administrative State Debate: A View From the Secretary’s Office”
• 2021, Stuart Shapiro, The Impossibility of Legislative Regulatory Reform and the Futility of Executive Regulatory Reform, George Mason Law Review

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters is a panel discussion featuring Professors Caroline Cecot, Emily Hammond, and E. Donald Elliott, moderated by Senior Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit. They focus on the future of Chevron deference in the context of environmental and energy law.

Notes:
Video from the conference

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters is a panel discussion featuring Aditya Bamzai, Jonathan S. Masur, Eli Nachmany, Victoria F. Nourse, moderated by Judge Chad A. Readler of the U.S. Court of Appeals for the Sixth Circuit.

Notes:
Video from the conference

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a keynote address from Paul J. Ray, presenting his new paper about the expertise rationale for Chevron deference, and a fireside chat between Mr. Ray and Gray Center Co-Executive Director Jennifer Mascott, discussing his time as Administrator of OIRA.

Notes:

• Video from the conference
• Paul J. Ray's new paper on the expertise rational for Chevron deference

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Lisa Schultz Bressman, John F. Duffy, and Daniel E. Walters about the Loper Bright case and whether some form of judicial deference is unavoidable in administrative law, moderated by Judge David J. Porter of the U.S. Court of Appeals for the Third Circuit.

Notes:

• Video of the panel discussion from the conference

The C. Boyden Gray Center for the Study of the Administrative State and the George Mason Law Review recently hosted a full-day symposium on the future of Chevron Deference. This episode of Gray Matters features a discussion among Law Professors Kent Barnett, Christopher J. Walker, and Thomas W. Merril about the Loper Bright case and the future of Chevron deference, moderated by Judge Paul B. Matey of the U.S. Court of Appeals for the Third Circuit.

Notes:

• Video of the panel discussion from the conference

Adam White and Jace Lington talk with Josh Chafetz and Noah Rosenblum about some of the big administrative law cases pending before the U.S. Supreme Court. They discuss the state of the Court, where things might be headed next, and problems with conservative critiques of the Administrative State.

Notes:

• Noah Rosenblum, What We Talk About When We Talk About the Rule of Law in the Administrative State, New York University Journal of Law & Liberty, Vol. 16, No. 3 (2023)
• Josh Chafetz, The New Judicial Power Grab, St. Louis University Law Journal, Vol. 67 (2023)
• CFPB v. CFAS, Brief of Professors of History and Constitutional Law as Amici Curiae (2023)
• Beau J. Baumann, Americana Administrative Law, Georgetown Law Journal, Vol. 111 (2023)
• Nikolas Bowie & Daphna Renan, The Separation-of-Powers Counterrevolution, Vol. 131, No. 7 (2022)
• Ashraf Ahmed, Lev Menand, Noah Rosenblum, The Tragedy of Presidential Administration, Gray Center Working Paper, 2021
• Josh Chafetz, Congress’s Constitution (2019)
• Leah Litman, Debunking Antinovelty, Duke Law Journal, Vol. 66, No. 7 (2017)
• Kent Barnett & Christopher J. Walker, Chevron in the Circuit Courts, Michigan Law Review, Vol. 116, No. 1 (2017)
• Daniel R. Ernst, Tocqueville’s Nightmare, Oxford University Press (2014)
• Richard E. Neustadt, Presidential Power and the Modern Presidents (1991)

Adam White talks with NYU Law Professor Richard Epstein and Gibson Dunn Partner Allyson Ho about the upcoming Supreme Court term. They discuss the recent oral argument in the CFPB funding case, the major questions doctrine, how the court should approach revisiting Chevron deference in the upcoming Loper Brightcase, and the adjudication system in the U.S. Patent and Trademark Office.

Jace Lington talks with AEI’s Philip Wallach about his new book, Why Congress. They discuss what makes Congress central to the American system of representative government and reasons we should look to Congress as the best place to resolve the most contentious issues of our day.

Notes:

• Why Congress, Oxford University Press, 2023
  
• The Revolution That Wasn’t: Conservatives Against Congress, 1981-2018, Gray Center Working Paper 20-22
• Incompletely Theorized Agreements in Constitutional Law, Cass Sunstein, 2007