RTP's Fourth Branch Podcast

In March 2020, the COVID-19 pandemic was sweeping the country and governors throughout the nation were issuing declarations of emergency. What followed was a perhaps unprecedented period of emergency governance, wherein governors in many states asserted power to manage not only their state's economy, but significant portions of civil society, in response to the pandemic. The state of emergency continues in some states, with renewed restrictions still possible.

The Regulatory Transparency Project hosted a virtual discussion on Wednesday, March 16 featuring an expert panel debating whether states should be updating and reforming their emergency management statutes in light of our collective experience with emergency governance over the past 24 months. Braden Boucek of the Southeastern Legal Foundation moderated the discussion between David A. Carrillo of the U.C. Berkeley California Constitution Center and Luke A. Wake of the Pacific Legal Foundation.

Featuring:
- David Carrillo, Lecturer in Residence and Executive Director, California Constitution Center, University of California, Berkeley, School of Law
- Luke Wake, Attorney, Pacific Legal Foundation
- [Moderator] Braden Boucek, Director of Litigation, Southeastern Legal Foundation

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Data privacy and data security are tech policy concerns that resonate with many voters and policymakers. In the absence of federal data privacy legislation, some states have passed, and others are considering, their own legislation to deal with data privacy questions related to specific technologies including biometrics, among many others. While California had the first general data privacy law at a state level, Virginia and Colorado passed different laws last year. Now states ranging from Connecticut to Utah are considering data privacy laws often modeled after these two examples. What do these data privacy laws mean for consumers and companies, both large and small? What might the landscape of state data privacy laws look like after the 2022 legislative session?

Featuring:
- Daniel Castro, Vice President and Director, Center for Data Innovation, Information Technology and Innovation Foundation
- Keir Lamont, Senior Counsel, Future of Privacy Forum
- [Moderator] Jennifer Huddleston, Policy Counsel, NetChoice

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Faced with a limited supply of recently-approved COVID-19 treatments, both the State and City of New York have issued directives instructing physicians and providers on how to prioritize treatment. One of the factors to be considered is race. In Roberts v. Bassett, two lifelong New Yorkers challenge the government's race-based allocation of potentially lifesaving COVID-19 treatments. Wen Fa, an attorney who represents the plaintiffs, joined us to discuss the latest in the case.

Featuring:
- Wen Fa, Senior Attorney, Pacific Legal Foundation

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Social media has become a prominent way for lawmakers, public agencies, experts, and governments to communicate with the public. Meanwhile, a once-obscure provision in federal communications law — Section 230 of the Communications Decency Act — has become a political football because it provides liability protections to internet-based companies like Facebook and Twitter. Our guests, Kristian Stout, Brent Skorup, and moderator Adam Thierer, are legal experts who have written about the history of media law and Section 230. They joined us for a moderated discussion featuring audience Q&A, as Stout and Skorup debated how lawmakers and courts should approach future Section 230 issues, political speech, and free speech online.

Featuring:
- Brent Skorup, Senior Research Fellow, Mercatus Center, George Mason University
- Kristian Stout, Director of Innovation Policy, International Center for Law & Economics
- [Moderator] Adam Thierer, Senior Research Fellow, Mercatus Center, George Mason University

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

"To better understand the challenges small businesses face and to offer recommendations," Institute for Justice's Andrew Meleta and Alex Montgomery "analyzed the codes of 20 large to mid-sized cities, interviewed entrepreneurs from across the country, and mapped out the real-world process of starting five common business types from the entrepreneur's perspective." They then compiled their findings in IJ's "Barriers to Business" report, which is available here: https://ij.org/report/barriers-to-business/.

In this episode, Meleta and Montgomery join the Goldwater Institute's Jon Riches to discuss the major takeaways from their report and how cities can better attract and support entrepreneurs.

Featuring:
- Andrew Meleta, Activism Associate, Institute for Justice
- Alex Montgomery, City Policy Associate, Institute for Justice
- [Moderator] Jon Riches, Director of National Litigation, Goldwater Institute

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Dr. Oonagh McDonald’s latest book, “Cryptocurrencies: Money, Trust and Regulation,” discusses the nature of money, the introduction of the first cryptocurrency – Bitcoin – and the maturation of the space, how regulators have approached the burgeoning industry, and whether cryptocurrencies might ultimately be viable alternatives to “money” as we know it today. The Regulatory Transparency Project was pleased to welcome Dr. McDonald and Coin Center Executive Director Jerry Brito to discuss these important issues.

Featuring:
- Oonagh McDonald, Senior Adviser, Crito Capital
- [Moderator] Jerry Brito, Executive Director, Coin Center

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Ian Adams joined the podcast to break down the policy aspects of a recent Twitter spat between Elon Musk and California Insurance Commissioner Ricardo Lara. What are telematics, and how are they used by the auto insurance industry? What is California's Proposition 103? What lessons can this episode teach about policy regarding emerging technologies more generally?

Read Ian's recent piece on the topic here: https://www.insurancejournal.com/blogs/law-and-economics/2022/02/17/654839.htm

Featuring:
- Ian Adams, Executive Director, International Center for Law & Economics

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

In October 2020, Michael Cannon and Jeffrey Singer proposed ending the U.S. Food and Drug Administration's authority to decide which drugs are available only by prescription. Their solution: leaving the decision to the drugs' manufacturers. This Regulatory Transparency Project program featured Michael Cannon, former FDA official Joshua Sharfstein, and moderator Dan Troy discussing prescription drugs, nonprescription drugs, and who decides.

Featuring:
- Michael Cannon, Director of Health Policy Studies, Cato Institute
- Joshua Sharfstein, Vice Dean for Public Health Practice and Community Engagement, Bloomberg School of Public Health, Johns Hopkins University
- [Moderator] Dan Troy, Chief Business Officer, Chief Administrative Officer, and General Counsel, Valo

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

On January 26, the Tennessee State Supreme Court heard oral arguments in Shaw et. al. v. Metropolitan Government of Nashville and Davidson County, a case in which the plaintiffs are challenging a zoning provision that prevented them operating businesses out of their homes. The city argues that the provision is "rationally related to the legitimate goal of protecting the residential nature of neighborhoods," while the plaintiffs contend the provision violates their state constitutional rights to substantive due process and equal protection.

Paul Avelar and Braden Boucek, who are representing the plaintiffs in the case, joined the podcast to break down the case from their clients' point of view.

Featuring:
- Paul Avelar, Managing Attorney, Arizona Office, Institute for Justice
- [Moderator] Braden Boucek, Director of Litigation, Southeastern Legal Foundation

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

On February 2, 2022, Lawrence Gostin, David Hyman, and Jenin Younes joined the Federalist Society's Georgetown Law Student Chapter to debate COVID-19 vaccine mandates.

Featuring:
- Lawrence Gostin, University Professor, Founding Linda D. & Timothy J. O'Neill Professor of Global Health Law, Faculty Director of O'Neill Institute for National & Global Health Law, Georgetown University
- David Hyman, Scott K. Ginsburg Professor of Health Law & Policy, Georgetown University
- Jenin Younes, Litigation Counsel, New Civil Liberties Alliance
- [Moderator] Courtney Stone Mirski, Editor in Chief, Food and Drug Law Journal
- [Introduction] Elizabeth Henry, President, Federalist Society's Georgetown Law Student Chapter

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.