3 MAY 2024 · This is a rebroadcast of the Gray Center's Federal Preemption and Environmental Regulation Webinar. We hosted this event on April 29, 2024, to discuss the issues involved in two pending cases where energy companies have asked the U.S. Supreme Court to review whether the Clean Air Act preempts attempts by Honolulu, Hawaii, to redress certain climate change-related alleged injuries.  Featured Speakers: - Jonathan Adler, Case Western Reserve University School of Law - Richard Epstein, New York University - Edmund LaCour, Solicitor General of Alabama - Jennifer Mascott, C. Boyden Gray Center for the Study of the Administrative State - Adam White, C. Boyden Gray Center for the Study of the Administrative State  Notes: - https://www.youtube.com/watch?v=4K33QiNUZwU

8 MAR 2024 · Adam White and Jace Lington chat with former OIRA Administrator Paul J. Ray about his new paper, “Lover, Mystic, Bureaucrat, Judge: The Communication of Expertise and the Deference Doctrines.” In the paper, Mr. Ray critiques the expertise rationale for Chevron deference, arguing that agency employees can share much of the special knowledge they use to make decisions with reviewing courts.  Notes: - https://administrativestate.gmu.edu/paper/lover-mystic-bureaucrat-judge-the-communication-of-expertise-and-the-deference-doctrines/, Paul J. Ray  - https://www.youtube.com/watch?v=gHI_04m7PMo, October 2023, Chevron on Trial: The Supreme Court and the Future of Agency Authority and Expertise 

1 MAR 2024 · The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State. This episode of Gray Matters is a panel discussion from February 23, 2024, about affirmative action and other ways regulators pursue equity through the administrative state featuring Ming Chen, Jesse Merriam, and Bijal Shah, moderated by Kmele Foster. Notes: https://youtu.be/GXhuvzNuuDU

23 FEB 2024 · The C. Boyden Gray Center for the Study of the Administrative State and the Georgetown Journal of Law & Public Policy recently hosted a series of webinars ahead of a forthcoming symposium on Equity and the Administrative State. This episode of Gray Matters is a panel discussion about the use of racial classifications to make public policy and how race has affected the character of American institutions featuring David Bernstein, Jonathan Berry, and Joy Milligan, moderated by Renée Landers. Notes: - Watch a https://share.descript.com/view/ymdEdxmndnM

16 FEB 2024 · Jace Lington chats with Scalia Law Professor Donald J. Kochan about Florida and Disney. They discuss his recent paper applying public choice theory to Florida’s Reedy Creek Improvement Act of 1967 and why the special treatment Disney received from the state is not a good model for state and local regulation. Notes: - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4698563, Donald J. Kochan

9 FEB 2024 · Adam White and Jace Lington chat with Law Professor Jed Handelsman Shugerman about lingering issues following the Supreme Court’s decision in the Biden v. Nebraska student loan case. They discuss a recent paper Shugerman presented at a Gray Center research roundtable, “Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine.” Notes: - https://administrativestate.gmu.edu/paper/biden-v-nebraska-the-new-state-standing-and-the-old-purposive-major-questions-doctrine/, Jed Handelsman Shugerman - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4531721, Jed Handelsman Shugerman and Jodi L. Short - https://administrativestate.gmu.edu/paper/standing-without-injury/, Jonathan H. Adler - https://administrativestate.gmu.edu/paper/an-originalist-defense-of-the-major-questions-doctrine/ Michael D. Ramsey - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4437332, Thomas W. Merrill - https://scholarship.law.bu.edu/cgi/viewcontent.cgi?article=4401&context=faculty_scholarship, Gary S. Lawson - https://www.nyujll.com/volume-16/my-colleague-steve-williams-bbpt4-c56nl-px3t8-bf7gd-pyjsj-9bc38-2zf3c-wy82l-9nejc-gdazh-ma64r-bzser-23cs8-3e4yl-lz96b-xwkse, Lisa Heinzerling - https://administrativestate.gmu.edu/paper/the-new-purpose-and-intent-in-major-questions-cases/, Anita S. Krishnakumar - https://administrativestate.gmu.edu/paper/the-major-questions-doctrine-unfounded-unbounded-and-confounded/, Ronald M. Levin - https://administrativestate.gmu.edu/paper/the-minor-questions-doctrine/, Aaron L. Nielson - https://administrativestate.gmu.edu/paper/the-major-questions-doctrine-outside-chevrons-domain/, Adam R.F. Gustafson

2 FEB 2024 · Adam White and Jace Lington chat with Law Professor Michael D. Ramsey about how originalists can defend the major questions doctrine as a substantive canon of interpretation. He examines post-ratification court practice and other substantive canons designed by judges to minimize the harms of judicial error when interpreting ambiguous statutes. Ramsey recently presented a paper on this subject at a Gray Center research roundtable. Notes: - https://administrativestate.gmu.edu/paper/an-originalist-defense-of-the-major-questions-doctrine/ Michael D. Ramsey - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4437332, Thomas W. Merrill - https://scholarship.law.bu.edu/cgi/viewcontent.cgi?article=4401&context=faculty_scholarship, Gary S. Lawson - https://administrativestate.gmu.edu/paper/biden-v-nebraska-the-new-state-standing-and-the-old-purposive-major-questions-doctrine/, Jed Handelsman Shugerman - https://www.nyujll.com/volume-16/my-colleague-steve-williams-bbpt4-c56nl-px3t8-bf7gd-pyjsj-9bc38-2zf3c-wy82l-9nejc-gdazh-ma64r-bzser-23cs8-3e4yl-lz96b-xwkse, Lisa Heinzerling - https://administrativestate.gmu.edu/paper/the-new-purpose-and-intent-in-major-questions-cases/, Anita S. Krishnakumar - https://administrativestate.gmu.edu/paper/the-major-questions-doctrine-unfounded-unbounded-and-confounded/, Ronald M. Levin - https://administrativestate.gmu.edu/paper/the-minor-questions-doctrine/, Aaron L. Nielson - https://administrativestate.gmu.edu/paper/the-major-questions-doctrine-outside-chevrons-domain/, Adam R.F. Gustafson

26 JAN 2024 · Adam White and Jace Lington chat with Ronald A. Cass about the future of judicial deference to agency actions. They discuss Cass’s recent papers, “Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers,” published by the New York University Journal of Law & Liberty, and “Getting Deference Right,” published by National Affairs. Ron insists on the crucial distinction between court decisions on what the law means and agency decisions about policy implementation. Notes: - https://www.nyujll.com/volume-17/fixing-deference (NYU JLL, 2023) - https://www.nationalaffairs.com/publications/detail/getting-deference-right (National Affairs, 2024) - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4527109, Gray Center Separation of Powers Clinic - https://www.nyujll.com/volume-16/category/Volume+16+-+No.+3

19 DEC 2023 · The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring law professors Bridget C.E. Dooling and Kristin E. Hickman along with former OIRA Administrator Paul J. Ray and AEI Senior Fellow Emeritus Peter Wallison, moderated by Gray Center Co-Executive Director Adam White. They discuss OIRA oversight of financial regulators and how to reform federal financial regulations. Notes: - https://administrativestate.gmu.edu/event/the-future-of-financial-regulation-symposium/

16 DEC 2023 · The C. Boyden Gray Center for the Study of the Administrative State, the Mercatus Center, and the Journal of Law, Economics & Policy recently hosted a full-day symposium on the future of financial regulation. This episode of Gray Matters is a panel discussion featuring the Hoover Institution's John H. Cochrane and professors Kathryn Judge, Jonathan R. Macey, and Todd J. Zywicki, moderated by Scalia Law professor Paolo Saguato. They discuss banking regulation, consumer finance, and what might be coming next in the world of financial regulation. Notes: - https://administrativestate.gmu.edu/event/the-future-of-financial-regulation-symposium/