Deep Dive Episode 214 – Emergency Management Statutes: Lessons from COVID-19
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
In March 2020, the COVID-19 pandemic was sweeping the country and governors throughout the nation were issuing declarations of emergency. What followed was a perhaps unprecedented period of emergency governance, wherein governors in many states asserted power to manage not only their state’s economy, but significant portions of civil society, in response to the pandemic. The state of emergency continues in some states, with renewed restrictions still possible.
The Regulatory Transparency Project hosted a virtual discussion on Wednesday, March 16 featuring an expert panel debating whether states should be updating and reforming their emergency management statutes in light of our collective experience with emergency governance over the past 24 months. Braden Boucek of the Southeastern Legal Foundation moderated the discussion between David A. Carrillo of the U.C. Berkeley California Constitution Center and Luke A. Wake of the Pacific Legal Foundation.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Lecturer in Residence and Executive Director, California Constitution Center, University of California, Berkeley, School of Law
David A. Carrillo received his doctorate from Berkeley Law before joining the faculty as a lecturer in residence and the founding executive director of the California Constitution Center in 2012. The center is devoted to developing scholarship concerning the California constitution and the California Supreme Court. Dr. Carrillo coauthored a casebook on California constitutional law, teaches courses on the California constitution and the California Supreme Court, publishes articles on those subjects, and is editor-in-chief of SCOCAblog.com, a blog about the state high court.
Before starting his academic career Dr. Carrillo was in active practice for 16 years, as a Deputy Attorney General with the California Department of Justice, as a Deputy City Attorney in San Francisco, as a Deputy District Attorney in Contra Costa County, and as a commercial litigation associate in private practice. A member of the California bar since 1995, Dr. Carrillo is admitted to practice before the Supreme Court of the United States, the Ninth Circuit Court of Appeals, and the Northern, Southern, Central, and Eastern District Courts of California.
In October 2019, California Governor Gavin Newsom appointed Dr. Carrillo to a four-year term on the California Law Revision Commission, where he is serving as the 2021-22 vice-chair. He also serves on the board of the Constitutional Rights Foundation and chairs the Citrin Center advisory board. His past charitable and professional board service includes: the Bar Association of San Francisco; the California Bar Foundation; the National Advisory Council of the Institute of Governmental Studies; the Foundation for Democracy and Justice; the State Bar Committee on Appellate Courts; the Justice and Diversity Center of the Bar Association of San Francisco; the Volunteer Legal Services Corporation in Alameda County; and the Berkeley Law Alumni Association. Dr. Carrillo chaired the judicial appointments committee of the Alameda County Bar Association, and served on the State Bar Commission on Judicial Nominees Evaluation and the Committee of Bar Examiners, as well as San Francisco and Alameda bar association committees on judicial appointments. He is a life member of the La Raza Lawyers Association (San Francisco and East Bay) and the Hispanic National Bar Association.
Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Vice President of Litigation, Southeastern Legal Foundation
Braden H. Boucek serves as Director of Litigation at the Southeastern Legal Foundation (SLF). His cases at SLF focus on restoring constitutional balance, equal protection, the First Amendment, and property rights. He is an avid defender of America's Founding and a constitutional law professor. He has also actively litigated school choice cases.
Prior to joining SLF, he served as Vice President of Legal Affairs at the Beacon Center of Tennessee, where he worked on economic liberty, dedicated himself to Tennessee's unique constitutional rights, and protecting the free speech rights of professionals.
Braden has been a litigator since 2001. Previously, Braden was an Assistant U.S. Attorney in both Nashville and Memphis for over nine years. During that time, he handled hundreds of cases ranging from Organized Crime, Drug Trafficking, Fraud, Counterfeiting, Terrorism and Immigration offenses. Braden has been recognized by his office for performance, winning both the Special Achievement award and Distinguished Service award. Two of his investigations were recognized as the district’s “Case of the Year” by the Department of Justice’s Organized Crime and Drug Enforcement Task Force. For nearly five years before joining the Department of Justice, Braden served as a prosecutor for the State of Tennessee, first as an Assistant Attorney General and later as an Assistant District Attorney. He has been lead counsel in many jury trials at both the state and federal level. He has also argued dozens of cases before state and federal appellate courts, including the Tennessee Supreme Court and Sixth Circuit Court of Appeals. Braden also served as an extern for the Florida Supreme Court. He obtained his J.D. at Florida State University College of Law, and his B.A. at the University of Richmond.