A Hard Look
A Hard Look is an administrative law podcast produced in conjunction with the Administrative Law Review at American University's Washington College of Law. The podcast explores new developments shaping administrative law and regulatory policy. It discusses how administrative law impacts attorneys, industries, and people.
Episodes
The Skinny on GLP-1 Drug Compounding
Today, we are excited to feature a current law student on the Podcast. Grace DeBoer is a third-year student at American University Washington College of Law, and she is also currently an Articles Editor on the Administrative Law Review. Grace studied Biology as an undergraduate, and she is interested in health law generally, and Health Insurance-related law, Fraud and Abuse, and Food and Drug law
Finley "No-Merit" Letters Follow Up
Our guests from Phillips Black return to give an update after a month of having their report and law review article published!
Privacy Behind the Bathroom Door
Today, we are excited to feature a current law student on the Podcast. Joining us is a second-year law student, Jo Ross. Jo is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of his graduation requirements, has written an incredible paperdiscussing the Environmental Protection Agency’s wastewater monitoring practices.Specifically, Jo
Finley “No-Merit” Letters: An Ethical Lawyering Dilemma
On this episode, we take a profoundly hard look at the ethical landscape of criminal defense lawyering through the lens of a Pennsylvania-specific criminal post-conviction procedure called the Finley “No-Merit” letter. With us for this discussion is an esteemed group of individuals from Phillips Black, a nonprofit public interest law practice dedicated to providing the highest quality of legal rep
Is Social Media Safe for Our Kids?
Today, we are excited to feature another current law student on the Podcast. Joining us is second year law student, Nicole Paredes-Cisneros. Nicole is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of her graduation requirements, has written an incredible paper discussing the regulatory landscape surrounding social media design, with
The State of Environmental Law
On this episode, we are so grateful to be joined by Matt Pawa to discuss the intersection of Environmental and Administrative Law. There may be no better person in the field to have as our guest today: Matt is a pioneer of environmental litigation, having been involved in many of the nation’s most important environmental cases for over 25years. Matt’s 13-year lawsuit against more than a dozen oil
FAR Out – More Than You May Have Bargained For
On this episode we speak with Nancy Lewis about the wide world of Government Contracts. While on its face, government contracts may not sound like the most glamorous field of law,beneath the surface there is a complex, dynamic, and endlessly challenging landscape. These behind the scenes, unsung heroes, help negotiate and execute everything from major federal IT overhauls to defense contracts that
California's High Speed Rail Project
Today, for the first time ever, we are excited to feature a current law student on the Podcast. Joining us is second-year law student, Jared Zwettler. Jared is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of his graduation requirements, has written an incredible paperdiscussing the Federal Railroad Administration, otherwise referre
The GENIUS Act – Evolving Digital Asset Regulation
This episode of A Hard Look dives into the regulation of cryptocurrency, one of the hottest and most complex topics in modern finance.From the rise of digital assets to the challenges of oversight and enforcement, crypto is testing the boundaries of financial law and innovation. But how is the regulatory landscape evolving? What are the risks and opportunities of digital assets? And with the new a
The State of the Administrative State: Trump's First 100 Days
In this season's final installment of the Hard Look Series , we take a focused look back at the first 100 days of Donald Trump’s presidency—not through the lens of news headlines or viral clips, but through the quieter, often more consequential corridors of administrative law. Professors Jennifer Selin and Chris Walker join us to reflect.View the transcription here.Show Notes:Presidential Docu
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 t
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 l
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 u
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
Administrati
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
Her
A Hard Look at Project 2025: Part One
Welcome back to A Hard Look! This episode provides an objective overview of The Mandate for Leadership, also known as Project 2025. This is Part One, of our two-part series on Project 2025. Stay tuned for Part Two, which is a Q&A with legal and policy experts. ,
Visit our website: https://administrativelawreview.org/podcast-a-hard-look/
Recommended Readings
Heritage Foundation
Project 2025
A Quick Look at Administrative Law
Welcome back to A Hard Look! Listen to our first episode of our new “Quick Look” series, where we provide insight into foundational administrative law principles. In today’s episode, we start with basics and define administrative law, provide an overview of its principles, and discuss its development within the United States.
Show Notes
Visit our website: https://administrativelawreview.org/podca
Season 6 Trailer
A Hard Look, a podcast by the Administrative Law Review, covers recent events in administrative law, regulatory policy, and the critiques and praise of various regulations and their efficacy. This season, stand by for our new series: A Quick Look and A Hard Look at What's to Come, in addition to our traditional A Hard Look episodes!
If you have any questions about the podcast, or if you would lik
Above the Law? Exploring Presidential Immunity from Criminal Prosecution
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, and rounding out with a discussion of the ongoing l
The Real Effect of Regulatory Ambiguity
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 motivators within administrative agencies which may con
The Brave New World of Administrative Law
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’s role in the promotion of administrative law doct
Loper Bright and the Future of Chevron
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 and weaknesses of Chevron doctrine, potential
The Fall of Silicon Valley Bank
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 the public’s response to
the failure may be oversta
Major Questions About Major Questions Doctrine
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 investigating potential issues with Major Questions
Biting the Hand that Feeds?
In this episode of A Hard Look, Senior Technology
Editor 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 standards for holding these adjudications have chang
Deported Over A Typo
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 strain of immigration on U.S. Courts. We also interrog
The Uncertain Future of Plan C
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 approval of Mifepristone in 2000. Including
Regulating Generative AI
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 the popular program "ChatGPT." We analy
The Forgotten Toxin: The Fight to Finally Ban Asbestos
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 associated with asbestos exposure. The episode dives in
Military Justice: You Can Handle the Truth
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 military justice; Ortiz v. United States; and the co
No Judge is Above the Law
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 mistreatment in her former clerkship; including her st
The Future of Climate Policy and Administrative Authority
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 implications to Administrative Law as i
The Infant Formula Shortage
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 that led to the shortage, what federal ag
The FCC's Impact on U.S. Media
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, statutes, and regulations that have shaped how
The Federal Student Loan Crisis
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 budget process can use their tools t
Wealth Taxes: The Constitutional and Administrative Implications
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 congressional enactment of a wealth tax. Additional
Fleeing Ukrainians and American Immigration Law
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 the basics of immigration and temporary protecte
On the Blockchain, Part II: Cryptocurrency Current Events
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 cryptocurrency in financial ecosystems. It also discusses how
On the Blockchain, Part I: An Introduction to Cryptocurrencies & The Regulatory Void Surrounding Them
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. The group also explores President Biden’s recent Exe
Sports & The Antitrust Laws
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 episode then dives into a discussion on the collec
A Return to Orbit? A Look Into the Past, Present, & Future of Commercial Spaceflight Regulation
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, Virgin Galactic, and Blue Origin exist in this regulat
The Eviction Moratorium
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 crafted the policy and the impacts of it within liti
Executive Order 13,985 & Equity
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 for which Executive Orders are premised, and what
Health and Administrative Law Series, Episode 1: HIPAA
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. In this episode, Professor Nahra helps listeners u
Prisoners' Rights
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 courts may be impacted by new BOP rules and how inadeq
Revisiting "Coronavirus and Comparative Administrative Law"
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 of the essays. To commemorate this collaborat
GameStop
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 have any questions about this episode, the gues
Series on Racism in Administrative Law, Part 4: Health Disparities
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 will be hosted by a different student
Series on Racism in Administrative Law, Part 3: Immigration
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 hosted by a different student on the&nbs
Series on Racism in Administrative Law, Part 2: Public Processes
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 hosted by a different student on the 
Series on Racism in Administrative Law, Part 1: The System
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 hosted by a different student on the Administrative
Celebrating 30 Years of the ADA
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 talk about fight it took to get to the ADA an
The Wild World of Exotic Pets
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 sometimes confusing regulatory landscape. The
The Struggle for Tribal Recognition and the Case of the Mashpee Wampanoag
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 pandemic, the Bureau of Indian Affairs announced its i
The Rundown on TikTok
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 heightened. What role does regulation have to play? Whe
Excerpts from ALR's Fall Symposium: Election Oversight
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 Editor, organized the event and Professor Loui
Reviewing "Reorganizing Government: A Functional and Dimensional Framework"
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 proposes an analytical framework of government
Alcohol Regulation
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 history, policies, case law, fun facts, and emergi
Coronavirus and Comparative Administrative Law
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 what are the next steps? From the University of P
Inferior Officers v. Employees
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 Administrative Law Review: www.administrativelawrev
Record Completion
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.administrativelawreview.org
If you have any questions about this episod
The Future of Auer Deference
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' authority moving forward.
The Administrative Law
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