Free Lunch Podcast Episode 44 – Export-Terminal Permit-Denial Suit Implicates Federalism and Foreign Commerce

This episode deals with a pending lawsuit in the Western District of Washington: Lighthouse Resources v. Inslee. This case, which deals with a dispute over a permit for a coal export terminal on Washington’s Columbia river, has important implications for disputes between federal and state jurisdiction in environmental law and regulation.

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Free Lunch Podcast Episode 43 – Pepperdine Law Review’s 2019 Symposium Keynote Address: Roger Alford

This 43rd Episode of the Free Lunch Podcast brings you the audio from the keynote address at the 2019 Pepperdine Law Review Symposium: “Regulating Tech: Present Challenges and Possible Solutions”. In this keynote, Roger Alford, Deputy Assistant Attorney General for International Affairs, addresses a number of issues in antitrust regulation and enforcement, including consent decrees, consumer welfare, and the challenges of the emerging global digital markets.

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Free Lunch Podcast Episode 42 – Re-Considering Co-Benefits in Environmental Regulation

Episode 42 of the Free Lunch Podcast brings you the recording of a teleforum co-sponsored with the Federalist Society’s Environmental Law practice group.

In this episode, Adam Gustafson and Daniel Farber discuss various approaches to considering co-benefits in the cost-benefit analyses of new air pollution regulations, and whether the standing approach is the most efficient and cost-effective.

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Free Lunch Podcast Episode 41 – Populist Antitrust

Episode 41 of the Free Lunch Podcast brings you the recording of the second panel from the Pepperdine Law Review’s 2019 Symposium “Regulating Tech: Present Challenges and Possible Solutions”.

In this panel, the speakers debate varying standards for antitrust rulemaking and enforcement. The merits of the Neo-Brandeisian “populist” approach are weighed against more recent “consumer-welfare” standards.

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Free Lunch Podcast Episode 40 – General Data Protection Regime & California Consumer Privacy Act

Episode 40 of the Free Lunch Podcast brings you the recording of the first panel form the Pepperdine Law Review’s 2019 Symposium “Regulating Tech: Present Challenges and Possible Solutions”.

In this panel, the speakers discuss the implications of internet privacy legislation in both California and Europe on innovation, startups, small businesses, and consumer protection.

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Free Lunch Podcast Episode 39 – Courthouse Steps Oral Argument: Kisor v. Wilkie

Episode 39 of the Free Lunch Podcast brings you the recording of a teleforum co-sponsored with the Federalist Society’s Administrative Law and Regulation practice group.

In this episode, Stephen Vaden moderates a discussion between Karen Harned and Andrew Varcoe on Kisor v. Wilkie, a case which has broad and significant implications for issues surrounding judicial deference to agency interpretation of regulations.

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Free Lunch Podcast Episode 38 – Pepperdine Law Review’s 2019 Symposium Opening Address: Qualcomm’s Donald J. Rosenberg

Episode 38 of the Regulatory Transparency Project’s Free Lunch Podcast brings you the opening address from the Pepperdine Law Review’s 2019 Symposium “Regulating Tech: Present Challenges and Possible Solutions”. The opening address was delivered by Donald J. Rosenberg, Executive Vice President, General Counsel, and Corporate Secretary at Qualcomm, who spoke on patent law and the dangers of regulatory capture in the emerging tech sector.

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Free Lunch Podcast Episode 37 – The Debate Over the SEC’s Accredited Investor Standard

This teleforum will consider the U.S. Securities and Exchange Commission’s accredited investor standard. This standard is used as a screen to determine the group of investors eligible to invest in offerings that are exempt from most SEC rules on public offerings and which are the primary fundraising tools of hedge funds and private equity funds. The SEC currently uses a wealth and income-based standard, which raises questions about whether limiting investment opportunities to only high-income individuals is sound government policy. Some critics of this standard have urged the SEC to expand the standard to include individuals with financial experience, but who do not otherwise meet the wealth threshold. Other critics have suggested more aggressive reforms. Supporters of the accredited investor standard, however, have advanced proposals to further restrict the group of eligible investors by increasing the income and net worth requirements. The SEC has promised to revisit the accredited investor standard soon, and this teleforum will consider and debate potential reforms to the rule.

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Free Lunch Podcast Episode 36 – Fintech Licensing and the OCC Charter

Innovations in financial technology have enabled financial services to be provided in new ways and by new competitors, but under old rules. One area of tension is the role of federalism in a world where, thanks to the internet, firms can provide services nationwide at their inception. The balance of authority between the states, who traditionally had primary authority over non-bank lenders and money transmitters and the federal government has been called into question, with some advocating for greater federalization in the interest of efficiency and equity, and others resisting citing concerns about state sovereignty and consumer protection. Federal regulators have also taken note, with the Treasury calling for reforms to streamline fintech regulation and OCC announcing it would offer some non-depository fintech firms the opportunity to get a federal bank charter, which led the states to sue. Come hear a discussion on the state of fintech and federalism and the proper path for the future.

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Free Lunch Podcast Episode 35 – What Should the FHFA’s 2019 Agenda Be?

January 7, 2019 starts a new leadership era for the Federal Housing Finance Agency, as the new Acting Director from the Trump Administration, Joseph Otting, takes office, with the nomination of Mark Calabria as Director in process. FHFA is the regulator of Fannie Mae, Freddie Mac, and the Federal Home Loan Banks, the combined housing finance assets of which are over $6 trillion, all involving an effective guarantee from the U.S. Treasury. What are the key issues and projects for the FHFA going forward? What can and what should it do to lead reform of Fannie and Freddie–and reform of American housing finance in general? What requires Congress and what might the FHFA, or the FHFA and Treasury, do on their own? Should the Senior Preferred Stock Agreements for Fannie and Freddie be revised? What about the role of the FHLBs? In spite of all the reform ideas, might the housing finance status quo persist?

Ed DeMarco, who was Acting Director of the FHFA 2009-2014 and now heads the Housing Policy Council, will be interviewed by R Street Institute distinguished senior fellow Alex Pollock.

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