Deep Dive Episode 66 – Americans with Disabilities Act Litigation Enters a New Frontier – Websites

Karen Harned will provide the background on this new trend in ADA litigation, the current state of the law, and highlight a case the Supreme Court is being asked to take this next term on the issue.

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Deep Dive Episode 65 – Subdelegations of Rulemaking Power and the Appointments Clause

In this episode, experts discuss whether the constitution permits inferior officers in federal agencies to issue binding rules.

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Deep Dive Episode 64 – The Federal Reserve and Real-Time Payment Systems

The Federal Reserve is currently exploring ways to support faster payments in the U.S., a move which would facilitate real-time interbank settlement of faster payments. Experts discuss the implications and challenges of this change.

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Deep Dive Episode 63 – Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?

What are the advantages and disadvantages of such a system? Should specialized bureaucrats do the lion’s share of rulemaking? Or should elected Senators and Congressman, often without the same level of expertise, write the rules that govern our nation? In this episode, experts discuss these questions and more.

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Deep Dive Episode 62 – An Update on Kisor v. Wilkie

In this episode, Karen Harned and Stephen Vaden discuss the Supreme Court’s recent decision in Kisor v. Wilkie, a case with important implications for judicial deference to agency interpretation of rules.

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Deep Dive Episode 61 – Gundy v. United States: Revisiting the Nondelegation Doctrine, or Not?

How much discretion can Congress delegate to federal agencies and their officers while still retaining the separation of powers? Mark Chenoweth discusses the Supreme Court’s decision in Gundy v. United States and its implications going forward for the nondelegation doctrine.

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Deep Dive Episode 60 – Juliana v. United States

Juliana v. United States is a pending lawsuit in which a group of minors alleges that the government has violated their right to a stable climate under the 5th Amendment. In this episode, experts discuss the recent oral arguments in the case, the potential outcome, and the constitutional implications of the case.

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Deep Dive Episode 59 – Cedar Point Nursery v. Shiroma

A recent Ninth Circuit decision held that a California regulation allowing labor organizers to spend time on an employer’s property for the purpose of soliciting union membership did not count as a ‘physical taking’ under the 5th Amendment. Wen Fa and Bethany Berger discuss the implications of this decision.

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Deep Dive Episode 58 – LIBOR – Will a $200 Trillion Global Benchmark Disappear – or Not?

LIBOR is a hugely important interest rate benchmark, used globally and embedded in over $200 trillion of financial contracts. Experts discuss the challenges and future of this index.

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Deep Dive Episode 57 – Payday Lending Loans

In this episode, Todd Zywicki (Antonin Scalia Law School) discusses recent proposed rulemaking from the Consumer Financial Protection Bureau rescinding the “ability to repay” standard on small dollar lenders.

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