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

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

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

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

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/

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/

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: - https://administrativestate.gmu.edu/event/the-future-of-financial-regulation-symposium/ - Chairman McWilliams's https://www.wsj.com/articles/hostile-takeover-fdic-board-rohit-chopra-michael-hsu-jelena-mcwilliams-abuse-power-11639432939 about changes in FDIC practice - https://www.wsj.com/articles/the-senator-elizabeth-warren-biden-bank-heist-fdic-jelena-mcwilliams-rohit-chopra-gruenberg-khan-cfpb-federal-reserve-nominee-11641155812 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, https://ciceroinstitute.org/research/national-regulatory-reform-progress-rankings-report-2023/ - Matthew Nolan and Jonathan Wolfson, https://www.governing.com/policy/state-regulatory-processes-are-ripe-for-reform, Governing - Cicero Institute, https://ciceroinstitute.org/wp-content/uploads/2023/02/Regulatory-Sunset-Model-Language-.pdf - Harvard Journal of Law & Public Policy, https://journals.law.harvard.edu/jlpp/vol-45-46/ - Eugene Scalia, 2023 C. Boyden Gray Lecture on the Administrative State, “https://vimeo.com/815011086” - 2021, Stuart Shapiro, https://lawreview.gmu.edu/print__issues/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: https://youtu.be/IEHwhU9-IPY

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: https://youtu.be/KchLhcpNR0U