In this season's final installment of the Hard Look Series , we take a focused look back at the first 100 days of Donald Trump’s presidency—not through the lens of news headlines or viral clips, but through the quieter, often more consequential corridors of administrative law. Professors Jennifer Selin and Chris Walker join us to reflect. View the transcription here . Show Notes: Presidential Documents on the Federal Register (Updated Daily) Congressional Research Service: “ The Good Cause Excep...
May 09, 2025•39 min•Season 6Ep. 7
On this episode of A Hard Look, we examine the President’s power to remove independent agency officials. That’s right! We’re going all the way back to the 1935 landmark decision in Humphrey’s Executor v. United States . Helping us navigate this discussion is Daniel Wolff, Partner at Crowell & Moring LLP, and head of the firm’s administrative law practice. Tune in for an in-depth discussion on the future of executive authority and regulatory independence. Show Notes: Editorial Note : This epi...
Apr 30, 2025•39 min•Season 6Ep. 7
On this episode of A Hard Look , we’re discussing the implications of the Supreme Court’s decision in Loper Bright ; the case that overruled the infamous Chevron Doctrine. Since last summer, there has been meaningful legal developments within lower circuits. Professor of Law and legal scholar, Cary Coglianese , joins us to discuss what—if any—indications these decisions mean for a post- Loper Bright landscape.(*) * Editorial Note: At the time of recording, this episode referred to the article Pr...
Apr 02, 2025•44 min•Season 6Ep. 6
How did a chaotic Taylor Swift ticket sale lead to DOJ filing a suit against the largest entertainment company in the world? In yet another example of how administrative law touches our everyday lives, we examine the DOJ’s pursuit to exercise its enforcement powers by pursuing antitrust claims against Live Nation and its subsidiary, Ticketmaster. Attorney Reb Masel from Rebuttal Podcast , joins us to discuss the legal framework that grants DOJ enforcement power and the extent to which DOJ—and ot...
Feb 14, 2025•28 min•Season 6Ep. 5
In our second installment of our new “Quick Look” series, we review the Administrative Procedure Act—or APA—a vital statute that is key to navigating and influencing the regulatory world. Show Notes: Administrative Procedure Act, Pub L. No. 79-404, 324 Stat. 237 (1946) ACUS Sourcebook Judicial Review Under the Administrative Procedure Act (APA) by Congressional Research Service Administrative Law and Regulatory Policy: Problems, Text, and Cases by Stephen G. Breyer, et al. George B. Shepherd, Th...
Jan 27, 2025•10 min
Welcome back to A Hard Look! This offers a deeper dive into The Mandate for Leadership, also known as Project 2025. In Part Two, we analyze the document alongside experts Dr. Don Kettl and Dr. Jennifer Selin. Visit our website: https://administrativelawreview.org/podcast-a-hard-look/ Learn more about our guests Jennifer Selin: Google Scholar Profile Don Kettl: LinkedIn Recommended Readings Heritage Foundation "Mandate for Leadership: The Conservative Promise” by The Heritage Foundation (also kno...
Nov 05, 2024•1 hr 8 min•Season 6Ep. 3
Welcome back to A Hard Look! This episode provides an objective overview of The Mandate for Leadership , also known as Project 2025. This is Part One, of our two-part series on Project 2025. Stay tuned for Part Two, which is a Q&A with legal and policy experts. , Visit our website : https://administrativelawreview.org/podcast-a-hard-look/ Recommended Readings Heritage Foundation Project 2025 by the Heritage Foundation Loper Bright Enterprises v. Raimondo (2024) This episode was produced by t...
Nov 03, 2024•14 min•Season 6Ep. 2
Welcome back to A Hard Look! Listen to our first episode of our new “Quick Look” series, where we provide insight into foundational administrative law principles. In today’s episode, we start with basics and define administrative law, provide an overview of its principles, and discuss its development within the United States. Show Notes Visit our website: https://administrativelawreview.org/podcast-a-hard-look/ Recommended Readings Administrative Law and Process in a Nutshell by Ronald M. Levin...
Oct 30, 2024•10 min•Season 6Ep. 1
A Hard Look, a podcast by the Administrative Law Review, covers recent events in administrative law, regulatory policy, and the critiques and praise of various regulations and their efficacy. This season, stand by for our new series: A Quick Look and A Hard Look at What's to Come, in addition to our traditional A Hard Look episodes! If you have any questions about the podcast, or if you would like to propose a topic or guest, please e-mail us at ALR-Sr-Tech-Editor@wcl.american.edu....
Oct 12, 2024•2 min
On this Episode of A Hard Look , Senior Technology Editor Bennett J. Nuss interviews Professor Mark Rotenberg regarding immunities provided to government officials, especially the President and Executive Branch. The conversation ranges from a history of official immunities in the United States, the distinctions between civil and criminal immunity, and rounding out with a discussion of the ongoing litigation against President Donald Trump within the D.C. Circuit. This episode was produced by ALR ...
Apr 23, 2024•1 hr 3 min•Season 5Ep. 8
In this Episode of A Hard Look , ALR Senior Technology Editor, Bennett J. Nuss interviews Professor James Ridgway about the practical effects of an ambiguous ambiguity doctrine as promulgated by Chevron , using Veteran’s Law as a case example. This discussion ranges from a discussion of the history of Veterans Law, a critical examination of the motivators within administrative agencies which may contribute to ineffectiveness and court challenges, and theorizing about how iterative learning may i...
Mar 15, 2024•49 min•Season 5Ep. 7
On this Episode of A Hard Look, ALR Senior Technology Editor Bennett J. Nuss interviews ABA Administrative Law and Regulatory Practice Section Chairman Adam White regarding the current state of Administrative Law in the United States and what to expect out of what is almost certain to be a groundbreaking year. The conversation ranges from the ABA’s role in the promotion of administrative law doctrines, how the political divides in administrative law may not be as clear as they once seemed, and...
Feb 05, 2024•55 min•Season 5Ep. 6
On this Episode of A Hard Look , ALR Senior Technology Editor Bennett J. Nuss interviews Holwell, Shuster & Goldberg Partner Daniel M. Sullivan regarding the controversial Supreme Court case Loper Bright Enterprises v. Raimondo , which has the potential to completely overhaul Administrative Law as we know it. The discussion ranges from the critiques and weaknesses of Chevron doctrine, potential constitutional problems with judicial review of agency decisions, and what administrative law may ...
Jan 18, 2024•55 min•Season 5Ep. 5
On this Episode of A Hard Look , ALR Senior Technology Editor Bennett J. Nuss interviews Professor Hilary J. Allen regarding the current status of federal banking regulation in light of the four bank failures in the United States earlier this year. The discussion ranges from the circumstances surrounding the failure of the Silicon Valley Bank, how the public’s response to the failure may be overstated in terms of impact, the role of the FDIC in the disbursement of assets, and what the future wou...
Nov 24, 2023•32 min•Season 5Ep. 4
On this Episode of A Hard Look , ALR Senior Technology Editor Bennett J. Nuss interviews Professor Daniel Cohen regarding the current rise of Major Questions Doctrine in American Jurisprudence in contrast to the perceived fall of Chevron Doctrine. The conversation goes from an interrogation of current judicial review methods for agency action, to investigating potential issues with Major Questions Doctrine, and concluding with thoughts about the future of judicial deference and the balance of po...
Oct 24, 2023•53 min•Season 5Ep. 3
In this episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews current Washington College of Law 3L and Senior Articles Editor Mehraz Rahman regarding her comment published in ALR Volume 75.3. In this episode, we review the ongoing controversies surrounding Title IX sexual misconduct adjudication on college campuses, and how standards for holding these adjudications have changed from administration to administration over the course of the past decade. Then we turn our attent...
Sep 17, 2023•55 min•Season 5Ep. 2
On this episode of A Hard Look, Senior Technology Editor Bennett J. Nuss interviews Adam Pollock , a 3L at American University Washington College of Law and current Editor for Online Publications. In this episode, we review the systemic structure of the Bureau of Immigration Appeals, and how this system is operating considering the ever-growing strain of immigration on U.S. Courts. We also interrogate the propriety and effects of Patel v. Garland , a Supreme Court case that limits the degree of ...
Aug 26, 2023•53 min•Season 5Ep. 1
On this episode of the Administrative Law Review’s A Hard Look , tune in to listen to our Senior Technology Editor, Alexander Naum speak with Lauren Saxe , a rising 2L at American University Washington College of Law and ALR's incoming Senior Symposia & Communications Editor. In this episode, we review the regulatory framework surrounding FDA’s approval of Mifepristone in 2000. Including reviewing and questioning its REMS status by the Agency. As well as analyzing how the Supreme Court’s...
Apr 29, 2023•21 min
On this episode of the Administrative Law Review ’s A Hard Look , tune in to listen to our Senior Technology Editor, Alexander Naum, and our Technology Editor, Eva Pedersen speak with information justice and intellectual property expert, Michael W. Carroll . In this episode, we review the emergence of generative artificial intelligence (AI), including the popular program "ChatGPT." We analyze the potential fair use implications of these programs, as well as the broader ethical and legal challeng...
Apr 16, 2023•39 min
On this episode of the Administrative Law Review’s A Hard Look , tune in to listen to our Senior Technology Editor, Alexander Naum speak with Linda Reinstein (President and Co-founder of the Asbestos Disease Awareness Organization ). In this episode, we explore the history of asbestos’s commercial use in the United States and the health threats associated with asbestos exposure. The episode dives into the EPA’s failed attempt to ban asbestos and the gaps found within current asbestos regulation....
Mar 20, 2023•49 min
On this episode of the Administrative Law Review’s A Hard Look , tune in to listen to our Technology Editor, Eva Pederson speak with Martin Mitchell , former Presidential Appointee serving as an Appellate Military Judge on the U.S. Court of Military Commissions Review, former USAF JAG Officer, and current Veterans Law Judge, about the evolution of military justice; Ortiz v. United States; and the constitutional issues that remain as the DoD aims to balance the objectives of protecting individual...
Feb 20, 2023•35 min
On this episode of the Administrative Law Review’s A Hard Look , tune in to listen to our Senior Technology Editor, Alexander Naum speak with Aliza Shatzman (President and Co-founder of the Legal Accountability Project). In this episode, we review the gaps found in the current state of Judicial Accountability framed by our guest’s experience of mistreatment in her former clerkship; including her struggle to obtain retribution using the administrative procedures currently available and her contin...
Oct 26, 2022•36 min
On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to our Senior Technology Editor, Alexander Naum, and our Technology Editor, Eva Bogdewic speak with Environmental Law expert, William Snape, III . In this episode, we review the Supreme Court’s ruling in WV v. EPA and its implications on climate policy, and the broader implications to Administrative Law as it relates to Chevron Deference and the Major Questions Doctrine. If you have any questions about this episode...
Sep 20, 2022•40 min
On this episode of the Administrative Law Review ’s A Hard Look , tune in to listen to our Senior Technology Editor, Alexander Naum and our Technology Editor, Eva Bogdewic speak with Food and Health Regulatory Expert, Stuart Pape . In this episode, we review the current infant formula shortage affecting families across the U.S. Analyzing the factors that led to the shortage, what federal agencies (including the FDA) are doing to end the shortage, and what can be done to prevent this issue from o...
Aug 01, 2022•45 min
On this episode of the Administrative Law Review ’s A Hard Look , tune in to listen to our new Senior Technology Editor, Alexander Naum speak with Crystal Evans (counsel for NBCUniversal) and Chad Guo (attorney advisor at the FCC). In this episode, our guests apply both an industry and Federal agency lens to analyze the driving forces, cases, statutes, and regulations that have shaped how the FCC oversees media content in the U.S. If you have any questions about this episode, the guest, or the p...
Jul 14, 2022•31 min
On this episode of the Administrative Law Review ’s A Hard Look , tune in to listen to Steven Valentino speak with Professor John Brooks . In this episode, Professor Brooks discusses how the congressional budget process and regulatory action by administration makes the student loan crisis a complicated issue. He discusses how legislators through the budget process can use their tools to craft policy in the student loan space, and also how the Executive can use its tools to create policy on this ...
May 24, 2022•45 min
On this episode of the Administrative Law Review ’s A Hard Look , tune in to listen to Steven Valentino speak with Professor John Brooks . This episode focuses on wealth taxes and the constitutional and administrative challenges surrounding them. Professor Brooks discusses how Supreme Court interpretation of constitutional law poses a barrier to the congressional enactment of a wealth tax. Additionally, he further illustrates some of the administrative implications of a wealth tax if it was to b...
May 13, 2022•39 min
On this episode of the Administrative Law Review ’s A Hard Look , tune in to listen to guest host Arielle Kafker, Note & Comment Editor on the Administrative Law Review, speak with Kelly White from the CAIR Coalition . This episode focuses on the immigration and Ukrainian refugees in light of the recent attacks in Ukraine. Kelly and Arielle discuss the basics of immigration and temporary protected status, and President Biden’s announcement to accept 100,000 Ukrainian refugees. If you have an...
May 02, 2022•28 min
On this episode of the Administrative Law Review ’s A Hard Look , tune in to listen to Steven Valentino and guest host Edward Leaf speak with Jason Schwartz , Administrative Law Review alum and partner at Fried Frank. In this two-part series on cryptocurrency, this second episode focuses on current events by looking at the modern usages of cryptocurrency in financial ecosystems. It also discusses how the environmental impact of the cryptocurrency mining process. If you have any questions about t...
Apr 26, 2022•24 min
On this episode of the Administrative Law Review ’s A Hard Look , tune in to listen to Steven Valentino and guest host Edward Leaf speak with Jason Schwartz , Administrative Law Review alum and partner at Fried Frank. In this two-part series on cryptocurrency, this first episode focuses on the basics of how cryptocurrencies and digital assets work. The group also explores President Biden’s recent Executive Order calling on agencies to explore these digital assets. If you have any questions about...
Apr 26, 2022•40 min
