RTP's Fourth Branch Podcast

In this episode, Brent Skorup discusses the current state of drone technology, the history of airspace and drone regulations in the United States, and his new paper, "Drone Technology, Airspace Design, and Aerial Law in States and Cities," published by the Mercatus Center.

The paper is available here: https://www.mercatus.org/publications/technology-and-innovation/drone-technology-airspace-design-and-aerial-law-states-and-0.

Featuring:
- Brent Skorup, Senior Research Fellow, Mercatus Center, George Mason University

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COVID-19 has presented unique challenges for state lawmakers as they attempt to address public health and economic concerns. The crisis has also raised significant questions about whether states should reform existing regulatory regimes, and about the propriety of adding further regulatory burdens during an ongoing pandemic.

In this live podcast, Brian Kabateck, Luke Wake, and Clark Neily address vital questions raised by the virus, including how states should balance public health and economic concerns, whether states should change their enforcement priorities during the crisis, and whether this is the right time for states to liberalize economic regulations more generally. The discussion is centered around several proposals from the Regulatory Transparency Project's State & Local Working Group, which recently published a white paper entitled "Ten Reforms to Spur Coronavirus Recovery."

Featuring:
- Brian Kabateck, Founding and Managing Partner, Kabateck LLP
- Luke Wake, Attorney, Pacific Legal Foundation
- [Moderator] Clark Neily, Vice President for Criminal Justice, Cato Institute

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

Joel Zinberg joins the podcast to discuss a range of COVID-19 vaccine questions. How has the development process under Operation Warp Speed compared to the normal vaccine development process? Where do the leading vaccines currently stand in terms of FDA approval? And what difficulties might arise during the distribution stage?

Featuring:
- Joel Zinberg, Senior Fellow, Competitive Enterprise Institute

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On November 30, 2020, FCC Chairman Ajit Pai joined the Federalist Society's Columbia Student Chapter for a wide-ranging discussion on net neutrality, Section 230, and more, in an online Q&A co-sponsored by the Regulatory Transparency Project.

Featuring:
- Ajit Pai, Chairman, Federal Communications Commission
- [Moderator] Brad Larson, Regulatory Transparency Project Series Chair, the Federalist Society's Columbia Student Chapter

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

On November 19, 2020, the Federalist Society's Regulatory Transparency Project and the Memphis Lawyers Chapter co-hosted an online event on "Civil Liberties and COVID-19 Shelter in Place Orders."

Featuring:
- Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
- [Introduction] J. Gregory Grisham, Of Counsel, Fisher & Phillips, LLP

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The House Committee on the Judiciary recently released a report on the state of competition in the digital marketplace. The report, which was the result of a 16-month-long investigation, describes itself as "an attack on how America has approached antitrust for the past 40 years."

One of the recommendations in the report involves shifting the evidentiary burden of proof from the plaintiff to the defendant, particularly in civil mergers challenges, which would entail a significant change to antitrust law.

In this episode, Ashley Baker lays out the current burden of proof framework used in U.S. courts in competition law cases, the role of presumptions in antitrust litigation, and the potential implications of the burden shift proposed in the report.

Featuring:
- Ashley Baker, Director of Public Policy, Committee for Justice

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In the absence of federal data privacy legislation, some states have acted to pass their own laws on the topic. Notably, California voted in favor of Prop 24 placing additional requirements on the CCPA and in favor of stringent consumer privacy requirements. In other cases, such as Michigan, states have established warrant requirements to protect consumer electronic data and citizens' privacy from the government. This expert panel discusses what state data privacy actions mean for the debates surrounding data privacy as well as what might be anticipated in the next sessions of Congress and state legislatures.
Featuring:

Jennifer Huddleston, Director of Technology & Innovation Policy, American Action Forum
Joseph Jerome, Multistate Policy Director, Common Sense Media
[Moderator] Matthew Heiman, General Counsel & Corporate Secretary, Waystar Health; Senior Fellow and Director of Planning, National Security Institute

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The House Judiciary Committee’s Antitrust Subcommittee recently released findings of a 16-month investigation into competition in the digital economy. The 449-page staff report, “Investigation of Competition in the Digital Marketplace: Majority Staff Report and Recommendations”, proposes sweeping changes to U.S. antitrust laws and enforcement that could have far-reaching effects throughout the economy.

This live podcast featuring FTC Commissioner Noah Phillips, Svetlana Gans, and Koren Wong-Ervin features an insightful look at the report, its findings, and its potential ramifications.

Featuring:
- Svetlana Gans, Vice President & Associate General Counsel, NCTA
- Hon. Noah Phillips, Commissioner, Federal Trade Commission
- Koren Wong-Ervin, Partner, Axinn, Veltrop & Harkrider LLP

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In this episode, Ian Adams lays out the current state of driverless car technology, discusses its implications for the disabled community, and breaks down the decisions federal and state policymakers are facing when it comes to regulating the technology.

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.

On October 20, 2020, the Federalist Society's Georgetown Law Student Chapter and the Regulatory Transparency Project hosted John C. Yoo and Saikrishna B. Prakash for an online discussion on the extent of executive power.

In his new book, "Defender in Chief," Yoo argues that President Trump – despite his populism – has become more often the defender rather than the opponent of the original Constitution. In "The Living Presidency," Prakash counters that Trump, like many modern presidents, has violated the Constitution's grant of executive power.

Featuring:
- Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law
- John C. Yoo, Emanuel S. Heller Professor of Law; Co-Faculty Director, Korea Law Center; and Director, Public Law & Policy Program, UC Berkeley School of Law

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