A Hard Look

• A Hard Look at the President's Removal Power

  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 episode was recorded in March 2025, and the status of any ongoing cases discussed may have changed since then.Recommended ReadingsHumphrey’s Executor v. United States (1935)Myers v. United States (1926)Morrison v. Olson (1988)Seila Law LLC v. Consumer Financial Protection Bureau (2020)Trump v. Wilcox (2025)This episode was produced by the Administrative Law Review Senior Technology Editor, Sophia Navedo-Quinones, and Technology Editor, Victoria Paul.If you have any questions about this episode or the podcast, or if you would like to propose a topic or guest, please e-mail us at [email protected] our website:  https://administrativelawreview.org/podcast-a-hard-look/

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  38:40
• The Post-Loper Bright Landscape

  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 Professor Coglianese wrote with Professor Daniel E. Walters, “The Great Unsettling: Administrative Governance After Loper Bright,” as “forthcoming.” This article has since been published and is now available online at the adminstrativelawreview.org.The transcript of the episode can be found here or on our website. Show Notes:Listen to our pre-Loper Bright episode, where we interviewed Daniel M. Sullivan to discuss the critiques and weaknesses of Chevron doctrine, potential constitutional problems with judicial review of agency decisions, and what administrative law may look like after the decision. Read more:Loper Bright Enterprises v. Raimondo (2024)Loper Bright Enterprises v. Raimondo on SCOTUS BlogLoper Bright Enterprises v. Raimondo and the Future of Agency Interpretations of Law by Congressional Research Service (Dec. 31, 2024)The Great Unsettling: Administrative Governance After Loper Bright by Cary Coglianese & Daniel E. Walters

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  43:58
• DOJ’s “Bad Blood” with Live Nation-Ticketmaster

  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 other agencies—can wield it.  Special thanks to ALR Staffers Linda Cullen, Peyton Kreuscher, and Maddie Haggard for their assistance with research and preparation for this episode.The transcript of this episode can be found here. Show Notes: Follow Reb Masel on Instagram and TikTok and her podcast on YouTube.  You can also listen to Rebuttal Podcast on Spotify or Apple Podcasts. Guide to Antitrust Law: The Enforces, The Federal Trade Commission’s Official Website Sam McCann, Everything You Need to Know About Consent Decrees, Vera (Aug. 30, 2023).  U.S. and Plaintiff States v. Ticketmaster Entertainment, Inc. and Live Nation Entertainment, Inc. (2010-2020)          U.S. and Plaintiff States v. Live Nation Entertainment, Inc and Ticketmaster L.L.C. (2024)

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  27:37
• A Quick Look at the Administrative Procedure Act

  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, The Administrative Procedure Act Emerges from New Deal Politics, 90 Nw. L. Rev. 1557 (1996). The Federal Register

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  9:42
• A Hard Look at Project 2025: Part Two

  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 known as Project 2025) Loper Bright Enterprises v. Raimondo (2024) “Constraining the Executive Branch: Congressional Use of the Courts in the Administrative State” by Jennifer Selin and Pamela Clouser McCann  “The Importance of Removal Restrictions in a Schedule F World” by Jennifer Selin and Paul Verkuil  “The Transformation of Governance: Public Administration for the Twenty-First Century” by Donald Kettl “The Divided States of America” by Donald Kettl This episode was produced by the Administrative Law Review Senior Technology Editor, Sophia Navedo-Quinones, and Technology Editor, Victoria Paul. Thank you to American University Washington College of Law’s Professor Lubbers and Professor Popper for their guidance on this episode. If you have any questions about this episode or the podcast, or if you would like to propose a topic or guest, please e-mail us at [email protected]. The transcript for this episode can be found here.

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