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The Regulatory Transparency Project (RTP) seeks to identify and bring attention to the excesses of the administrative state in this country. All too often, over-regulation of the economy stifles innovation, productivity, opportunity and ultimately, the American Dream. We want people to look at regulations which are burdensome and extremely inefficient and not simply submit to them as the cost of doing business but, rather, look for real and concrete ways to change them for the better. The RT ...
 
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As comunidades energéticas estão a surgir um pouco por todo o país. Este tipo de produção elétrica com painéis fotovoltaicos aumenta a eficiência no consumo, coordenando as horas de produção com as horas de consumo dos utilizadores. Entrevista a Maria João Benquerença, da Cleanwatts.על ידי Biosfera
 
In October 2020, India and South Africa filed a request at the World Trade Organization (WTO) to create an exemption from an international treaty known as TRIPS (Trade-Related aspects of Intellectual Property Rights) for technologies, drugs, and vaccines used to respond to the COVID-19 pandemic. If the WTO adopts the waiver, countries could refuse …
 
As mudanças no clima estão a causar um aumento nos níveis de ansiedade da população mais jovem. Um estudo internacional, envolvendo 10 mil jovens, concluiu que 60% dos inquiridos estão muito preocupados com as alterações climáticas. Portugal ocupa o terceiro lugar na tabela. O Biosfera esteve à conversa com Teresa Pereira, doutoranda em Psicologia …
 
The Supreme Court is now hearing the most closely watched environmental case in decades, which may decide the future of greenhouse gas regulation under the Clean Air Act. This case has already been the subject of an unprecedented Supreme Court stay that short-circuited the Obama administration's climate agenda and not one, but two, 7+ hour argument…
 
Nos últimos três anos, a cultura dos abacates triplicou no Algarve. O sucesso agrícola é crescente mas as preocupações também. A gastar 60 litros de água ao dia, por planta, haverá lugar para o abacate num Algarve com escassez de água? Entrevista a Cláudia Sil, da associação de defesa do Ambiente, Regenerarte.…
 
Joana Laranjeira trocou as fraldas descartáveis pelas reutilizáveis, começou a repensar o império dos brinquedos de plástico e, pelo meio de um confinamento, ainda abraçou o vegetarianismo. Pode parecer aterrador abandonar os bons velhos hábitos, passados das mães para as filhas geração após geração, mas Joana tranquiliza: qualquer primeiro passo, …
 
Health policy expert Jeff Stier joins the podcast to discuss all things concerning the regulation of e-cigarettes and vapes: How did the FDA get the authority to regulate tobacco in the first place? What is synthetic nicotine, and what might its developement demonstrate about the interplay between federal agencies and their statutory authority? Wha…
 
Em 2015, Daniel Martins uniu-se a um pequeno grupo de cidadãos para criar o Movimento Preservar a Serra de Carnaxide, pela conservação deste pequeno pulmão de Lisboa. Este ano, levaram ao Parlamento uma petição com cinco mil assinaturas que levou à aprovação de um documento para a classificação da Serra de Carnaxide como Paisagem Protegida.…
 
O que fica de Glasgow 2021? Francisco Ferreira, da associação Zero faz a leitura das principais (in)decisões da COP26. A meta do 1,5ºC está viva, mas em cuidados paliativos. Com os compromissos nacionais adiados um ano, o que esperar do futuro?על ידי Biosfera
 
Em 2020 o Banco de Bens Doados ajudou 540 mil pessoas e desviou do lixo 650 toneladas de equipamentos. Criado pela Entrajuda, o Banco de Bens Doados recebe de grandes empresas artigos descontinuados ou que simplesmente não se venderam, cujo destino era, até há bem pouco tempo, o lixo.על ידי Biosfera
 
The last few months have seen significant changes at the Federal Trade Commission. The new FTC has set an ambitious agenda that revives the agency, propelling it in directions we haven't previously seen. The FTC is poised to engage in wide-ranging antitrust and consumer protection investigations, issue industry-wide rules, and blend antitrust and c…
 
À medida que a população mundial cresce e as cidades se expandem, repensar a construção torna-se prioridade para combater os efeitos das alterações climáticas. Com Castorina Vieira, da Faculdade de Engenharia da Universidade do Porto, conversamos sobre a importância da parceria entre a ciência e o setor da construção e conhecemos um projeto que pre…
 
Sopa de cação ou caldeirada de tintureira... já experimentou? Se a resposta é sim, fique a saber que comeu tubarão. Mais de 100 milhões de tubarões são capturados todos os anos e entram no comércio mundial de carne, medicamentos e cosméticos. Portugal é o terceiro país europeu que mais pesca tubarões.…
 
The FTC is undertaking an ambitious and historic effort to craft de novo competition and privacy rules that will impact the entire U.S. economy. While some have applauded FTC's efforts, others have questioned the FTC's statutory authority to craft such rules. This webinar featured a panel of experts discussing the agency's statutory authority, proc…
 
On June 25, 2021, President Biden's newly appointed Housing Secretary Marcia Fudge proposed to rescind a Secretary Carson-era disparate impact rule designed to implement the Fair Housing Act. In its place, HUD would reinstate the 2013 Discriminatory Effect Standard because the 2013 rule "better states Fair Housing Act jurisprudence and is more cons…
 
In this episode, Professor David Hyman interviews Dr. Richard Williams about Dr. Williams' new book, "Fixing Food: An FDA Insider Unravels the Myths and Solutions." A twenty-seven-year veteran of the FDA's Center for Food Safety and Nutrition, Dr. Williams questions the accuracy of more than thirty years of food labeling, along with consumer educat…
 
Environmental, Social and Corporate Governance (ESG) investing is growing in popularity, especially after major investment firm BlackRock signaled support for what it called "ESG Integration," or the practice of incorporating material ESG information into investment and divestment decisions. However, since this strategy is relatively young, the sho…
 
During the COVID-19 pandemic, federal and state governments relaxed rules that limit telemedicine—technology that enables people to access healthcare from their phones and/or computers—to allow more patients to receive care from the convenience and comfort of their homes. Now, as the pandemic wanes, there are significant debates over whether these …
 
Collectively the Department of Labor, Equal Employment Opportunity Commission, and the National Labor Relations Board play a pivotal role in almost every dimension of employment in the nation. This inaugural panel discusses recent developments in the regulatory regimes of each and grades their performance over the four years of the Trump Administra…
 
Drones are rapidly becoming part of our everyday lives, and society will soon need to grapple with profound issues related to property, privacy, and nuisance. While drones are aircraft, the laws governing aircraft may soon be challenged as drones operate closer to the ground and in airspace never before occupied by manmade flying objects. The uniqu…
 
Protecting and preserving competition are the key objectives of U.S. antitrust laws, which are all phrased as prohibitions: on agreements "in restraint of trade," of mergers and acquisitions where the effect "may be substantially to lessen competition, or to tend to create a monopoly," and on "unfair methods of competition." In a July 2021 Executiv…
 
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) in 2012 determined that forearm stabilizing braces for firearms serve a legitimate function and do not automatically subject a firearm to the strict requirements of the National Firearms Act of 1934. In December 2020, however, the BATFE proposed new regulations that could subject almo…
 
In June, President Biden revoked a Trump-era executive order that sought to ban TikTok and WeChat, and replaced it with a new executive order directing the government to review the security threats posed by foreign-controlled software applications. "The Federal Government should evaluate these threats through rigorous, evidence-based analysis," Bid…
 
In September 2020, the Centers for Disease Control and Prevention (CDC) issued its first nationwide eviction moratorium. Since then, the CDC renewed the moratorium several times and most recently issued a new eviction moratorium that is substantially the same as prior versions, but its applicability depends on COVID-positivity rates in each jurisdi…
 
The decision in United States v. Arthrex was extremely fractured, with a mix of majority, concurring, and dissenting opinions that cut across traditional jurisprudential divisions on the Supreme Court. Although the split majority held that the appointment of the Administrative Patent Judges at the Patent Trial & Appeal Board (PTAB) violates the App…
 
On June 21, 2021, the Court of Appeals for the Ninth Circuit ruled a shareholder-plaintiff had standing to sue California's Secretary of State. Creighton Meland, a shareholder at OSI Systems, Inc., sued alleging that Senate Bill 826, which was signed into law in 2018, violates the Fourteenth Amendment because it requires corporations to elect a sli…
 
In June, President Biden signed into law a bill that repealed changes to Environmental Protection Agency methane emissions regulations made by the Trump administration. In this episode, Professor Jonathan Adler joins the podcast to provide context to this development and to discuss the underlying legal and environmental issues at play. Featuring: -…
 
"A Dubious Expediency: How Race Preferences Damage Higher Education" is a collection of eight essays written by experts in the field examining and analyzing the impact of racial diversity preferences and identity politics in American colleges and universities. The book's title comes from a 1976 California Supreme Court opinion in Bakke v. UC Regent…
 
The Congressional Review Act (CRA) was used in 2017 to overturn 15 rules issued near the end of the Obama administration. The shift in political control in the White House and Congress this year set the stage for a possible repeat with respect to Trump administration rules. The CRA's period for expedited congressional procedures (free of the Senate…
 
The antitrust agencies' approach to vertical mergers has been the subject of significant debate — with potential changes still on the horizon. Last summer, the Department of Justice and the Federal Trade Commission issued long-awaited Vertical Merger Guidelines, the first update since 1984. The FTC's challenge to the Illumina/Grail merger — which s…
 
Motivated in part by Congress's failure to modernize immigration policy in the United States, Presidents in recent years have turned to administrative law and the regulatory process to make major immigration policy. The Obama Administration's DACA and DAPA immigration policies come immediately to mind. So does the Trump Administration's attempted r…
 
The Supreme Court issued its decision in Cedar Point Nursery v. Hassid on June 23, 2021, holding 6-3 that a California regulation allowing California union organizers entry onto the private property of California growers constituted an uncompensated per se physical taking in violation of the Fifth and Fourteenth Amendments. The Ninth Circuit's deci…
 
This episode features a panel discussion on Critical Race Theory, the 1619 Project and the current debates over how best to teach American history. Linda Chavez, Chairman of the Center for Equal Opportunity moderates the program and is joined by Peter Wood, President of the National Association of Scholars and author of 1620: A Critical Response to…
 
In May 2021, Rep. Diana Harshbarger (R-Tenneessee) introduced the "Freedom to Work Act," a bill that would utilize the federal government to reduce occupational licensing requirements. In this episode, the Congresswoman joins Shoshana Weissmann to discuss the bill and the most prevalent arguments for and against its passage. Featuring: - Rep. Diana…
 
In recent years, a number of regulatory agencies have increasingly utilized enforcement actions rather than formal rulemaking to achieve desired policy outcomes. Critics argue that this "regulation by enforcement" raises legal concerns involving fair notice, the rule of law, and the Administrative Procedure Act. One prominent example of this phenom…
 
Federal and state government authority to mandate automobile manufacturers and consumers switch to electric cars is one of the most contentious legal and policy debates of the last two decades. The Biden Administration has proposed to rescind two actions of the Trump Administration — EPA's withdrawal of a Clean Air Act waiver of preemption, and a D…
 
Over the past decade or so, increasing attention has been paid to agency guidance, the role it serves, and whether it has begun to supplant legally binding regulation as a governing tool. To place more parameters around its use, President Trump issued Executive Order 13891. President Biden rescinded that order upon taking office, and agencies are i…
 
The Biden administration had barely named a cabinet, let alone staffed the government, when it began taking cybersecurity hits from all directions. The Russian government was revealed to have carried out a sophisticated supply chain attack through SolarWinds. Then Chinese government hackers launched attacks through Microsoft Exchange, often using e…
 
On June 10, the Kentucky Supreme Court heard a pair of cases to consider whether and to what extent the Commonwealth's legislature may set parameters on the Governor's exercise of emergency powers. In March 2020, Kentucky Governor Andy Beshear declared a state of emergency related to the COVID-19 pandemic. Since then, he and other executive branch …
 
With his new casebook, "Administrative Law Theory and Fundamentals: An Integrated Approach," Professor Ilan Wurman seeks to provide fresh thinking to the field of administrative law. In the casebook, Professor Wurman proposes a theory of administrative power that he feels explains constitutional text and structure, as well as historical and modern …
 
In this episode, Anastasia P. Boden interviews Daniel Greenberg about his new article, "Regulating Glamour: A Quantitative Analysis of the Health and Safety Training of Appearance Professionals." (https://repository.law.uic.edu/lawreview/vol54/iss1/2/) Featuring: - Daniel Greenberg, President, Advance Arkansas Institute - [Moderator] Anastasia P. B…
 
In a conversation moderated by Kimberly Hermann, Braden Boucek and Emily Hamilton discuss several proposed legislative reforms to land use restrictions. Featuring: - Braden Boucek, Director of Litigation, Southeastern Legal Foundation - Emily Hamilton, Senior Research Fellow, Mercatus Center, George Mason University - [Moderator] Kimberly Hermann, …
 
It is hard to find a discussion of artificial intelligence these days that does not include concerns about Artificial Intelligence (AI) systems' potential bias against racial minorities and other identity groups. Facial recognition, lending, and bail determinations are just a few of the domains in which this issue arises. Laws are being proposed an…
 
On April 22, 2021, the Federalist Society's George Mason Student Chapter, the Regulatory Transparency Project, and the Global Antitrust Institute cosponsored an event featuring professors Joshua D. Wright and John Yun discussing the future of the conservative approach to antitrust law. Featuring: - Joshua D. Wright, Executive Director, Global Antit…
 
Ken Davis joined the podcast to discuss why and how President Biden's memo on Modernizing Regulatory Review could significantly alter the regulatory review process. Featuring: - J. Kennerly Davis, Jr., Former Senior Attorney, Hunton Andrews Kurth LLP Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with u…
 
India and South Africa have submitted a petition to the World Trade Organization seeking a waiver of all intellectual property rights under international treaties on drugs, vaccines, or other responses to the COVID-19 pandemic. This waiver petition has provoked an intense policy debate over the role of intellectual property in healthcare innovation…
 
On April 22, 2021, the Supreme Court decided AMG Capital Management, LLC v. Federal Trade Commission. Writing for the unanimous Court, Justice Breyer explained how Section 13(b) of the Federal Trade Commission Act does not authorize the FTC to seek, or a court to award, monetary relief such as restitution or disgorgement. A panel of experts will di…
 
Edward E. Bartlett and Linda Chavez join the podcast to discuss the future of Title IX implementation under the Biden administration, which could have significant ramifications on college campuses across the country. Featuring: - Edward E. Bartlett, President, SAVE - [Moderator] Linda Chavez, Chairman, Center for Equal Opportunity Visit our website…
 
The debate over “Big Tech” and antitrust has intensified. On one side are those who consider certain Big Tech companies monopolies that reduce competition and exploit their users’ data. On the other side are those who believe that competition in the technology market is flourishing, particularly when considering a worldwide market, and that Big Tec…
 
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