A Hard Look is an administrative law podcast produced in conjunction with the Administrative Law Review at American University's Washington College of Law. On the podcast, we dive into some of the new developments shaping the current landscape of administrative law and regulatory policy and we discuss some of the ways that administrative law impacts attorneys, industries, and people.
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Above the Law? Exploring Presidential Immunity from Criminal Prosecution
1:02:41
1:02:41
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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, a…
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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 motiv…
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The Brave New World of Administrative Law
55:15
55:15
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55:15
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’…
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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 …
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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 t…
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Major Questions About Major Questions Doctrine
53:05
53:05
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53:05
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 in…
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In this episode of A Hard Look, Senior TechnologyEditor 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 sta…
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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 stra…
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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 a…
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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…
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The Forgotten Toxin: The Fight to Finally Ban Asbestos
49:11
49:11
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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 assoc…
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Military Justice: You Can Handle the Truth
34:40
34:40
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34:40
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 mi…
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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 mist…
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The Future of Climate Policy and Administrative Authority
39:30
39:30
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39:30
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…
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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 t…
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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, statute…
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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 b…
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Wealth Taxes: The Constitutional and Administrative Implications
39:12
39:12
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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 c…
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Fleeing Ukrainians and American Immigration Law
28:08
28:08
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28:08
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 th…
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On the Blockchain, Part II: Cryptocurrency Current Events
24:03
24:03
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24:03
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 cryptocurre…
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On the Blockchain, Part I: An Introduction to Cryptocurrencies & The Regulatory Void Surrounding Them
40:09
40:09
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40:09
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. Th…
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On this sports-themed episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Jeffrey Kessler of Winston & Strawn LLP. This episode focuses on the intersection of the antitrust laws in the context of professional and collegiate athletics. Beginning with the foundations of the antitrust laws, the epis…
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A Return to Orbit? A Look Into the Past, Present, & Future of Commercial Spaceflight Regulation
20:46
20:46
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to Steven Valentino speak with Caryn Schenewerk from the Relativity Space for a discussion on the evolution of commercial spaceflight regulations. This episode explores the general theory behind the development of the regulations, how modern entities like SpaceX, Virg…
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to returning guest host (and Technology Editor of the podcast) Kübra Babaturk speak with Eric Dunn from the National Housing Law Project to discuss President Biden’s eviction moratorium and the resulting impacts from it. Mr. Dunn discusses how administrative forces cr…
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On this episode of the Administrative Law Review’s A Hard Look, tune in to listen to host Steven Valentino speak with Professor Olatunde Johnson from Columbia Law School to discuss President Biden’s Executive Order 13,985. Professor Johnson discusses how the recent events of 2020 have led to the creation of this Executive Order, the legal framework…
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Health and Administrative Law Series, Episode 1: HIPAA
40:56
40:56
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40:56
A Hard Look returns for Season 3 with its inaugural episode! Season 3 host Steven Valentino and guest Kirk Nahra, Partner at WilmerHale and an adjunct professor at American University Washington College of Law and Case Western Reserve University, walk through the Health Insurance Portability and Accountability Act, or more commonly known as HIPAA. …
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On this episode of the Administrative Law Review's A Hard Look, tune in to listen to Host Sarah Knarzer speak with two ALR staffers, Katie Anderson and Leah Hamilton, discuss their student comments. Katie Anderson, the incoming Senior Diversity, Equity, and Membership Editor on ALR, talks about how prisoner's ability to meaningfully access the cour…
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Revisiting "Coronavirus and Comparative Administrative Law"
1:06:58
1:06:58
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In July 2020, A Hard Look met with Professors Cary Coglianese and Neysun Mahboubi of the University of Pennsylvania to discuss the essay series on “Comparing Nations’ Responses to COVID-19” in The Regulatory Review. Now, nearly nine months later, the Administrative Law Review has published a special themed issue featuring expanded versions of some …
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What in the world is going on with GameStop? On this episode of the Administrative Law Review's A Hard Look, tune in to listen to Professor Hilary Allen, from the Washington College of Law, explains how the situation with Robinhood, GameStop, and the stock market unfolded, and what the controversy can teach us about financial regulation. If you hav…
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Series on Racism in Administrative Law, Part 4: Health Disparities
30:06
30:06
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30:06
Today’s episode of A Hard Look is the fourth and last in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode …
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Series on Racism in Administrative Law, Part 3: Immigration
53:22
53:22
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53:22
Today’s episode of A Hard Look is the third in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be ho…
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Series on Racism in Administrative Law, Part 2: Public Processes
34:37
34:37
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34:37
Today’s episode of A Hard Look is the second in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be h…
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Series on Racism in Administrative Law, Part 1: The System
51:02
51:02
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51:02
Today's episode of A Hard Look is the first in a series of four episodes that will examine the role that racism has historically played in Administrative Law, the ways that racism still actively pervades the Administrative Law Space, and the ways that practitioners, leaders, scholars, and our listeners can effectuate change. Each episode will be ho…
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On today’s episode of the Administrative Law Review‘s A Hard Look, Robyn Schowengerdt, who is ALR's Editor for Online Publications, takes over for Sarah Knarzer for a conversation with GMU Disability Law Professor Brandy Wagstaff and Acting Dean of the Washington College of Law, Professor, and Clinic Director, Bob Dinerstein. Robyn and the guests t…
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On today’s episode of the Administrative Law Review's A Hard Look, Judge Scott Maravilla, joins host, Sarah Knarzer, and educator, YouTuber, and exotic animal conservationist Marita De La Pena to discuss the world of exotic pets and the regulations that govern it. Though a niche and often overlooked hobby, the keeping of exotic pets has a vast and …
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The Struggle for Tribal Recognition and the Case of the Mashpee Wampanoag
36:49
36:49
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On today's episode of A Hard Look, a Junior Staffer on ALR, Olivia Miller, joins host, Sarah Knarzer, and Professor Matthew Fletcher to discuss the tribal recognition process and the barriers it poses to tribes across the United States, and in particular the Mashpee Wampanoag tribe. Earlier this year, and in the middle of a surging coronavirus pand…
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In recent years, there have been several criticisms of social media applications, but two social media applications, in particular, have landed themselves in hot water with President Trump: TikTok and WeChat. Over the last few months, executive orders have been implemented, lawsuits filed, and tensions between the United States and China have heigh…
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Excerpts from ALR's Fall Symposium: Election Oversight
25:24
25:24
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This special episode of A Hard Look features excerpts from the Administrative Law Review's Fall Symposium on Special Topics in Election Oversight. The symposium was hosted on Friday, October 23rd and Saturday, October 24th, over zoom and featured five panels on Mail In Ballots and Foreign Interference. Ryan Scheidt, who is ALR’s Senior Symposium Ed…
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Reviewing "Reorganizing Government: A Functional and Dimensional Framework"
48:42
48:42
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Professor Robert Glicksman and Professor Alex Camacho join your host, Sarah Knarzer, for a conversation about their book "Reorganizing Government: A Functional and Dimensional Framework." "Reorganizing Government" explains how past approaches have failed to take advantage of diverse alternative approaches to organizing governmental authority and pr…
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On this episode of the Administrative Law Review's podcast, A Hard Look, Richard Blau joins your host, Sarah Knarzer, for a conversation on state alcohol regulation. As a surprisingly robust area of practice, state alcohol regulation touches many aspects of our lives and can vary widely from state to state. Mr. Blau walks our listeners through the …
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Coronavirus and Comparative Administrative Law
1:07:52
1:07:52
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Even in its earliest stages, coronavirus has impacted the world in a way that was unpredictable and devastating. To manage the consequences of this very deadly pandemic, every country has implemented their own unique strategy with various degrees of success. What has worked? What hasn’t worked? What are the lessons to be learned from this virus and…
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Despite its limited scope, the Supreme Court's decision in Lucia v. SEC has stirred debate over its potentially far reaching ramifications. Judge Scott Maravilla of the Federal Aviation Administration sat down with the Administrative Law Review to discuss the Court's ruling, and what it might mean under the Alternative Dispute Resolution Act. The A…
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Prof. Aram Gavoor and Mr. Steven Platt join the Administrative Law Review to discuss their paper titled "Administrative Records After Department of Commerce v. New York." They dive into the nuances of record completion in administrative courts, and how SCOTUS has interpreted its requirements. The Administrative Law Review: www.administrativelawrevi…
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Following the Supreme Court's ruling in Kisor v. Wilkie this past summer, many scholars and practitioners have deliberated its significance. Professor Jeffrey Lubbers from American University Washington College of Law joins the show to discuss the history of the Auer deference doctrine, how the Court came to its decision, and its effect on agencies…
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