Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
Professor of Law, Northwestern University Pritzker School of Law
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Professor of Law, Michigan State University (currently serving as FCC General Counsel)
Professor Candeub joined the MSU Law faculty in fall 2004. He is also a Fellow with MSU's Institute of Public Utilities. Prior to joining MSU, he served as an advisor at the Federal Communications Commission (FCC). From 1998 to 2000, Professor Candeub was a litigation associate for the Washington D.C. firm of Jones, Day, Reavis & Pogue and also has served as a corporate associate with Cleary, Gottlieb, Steen & Hamilton, also in Washington, D.C. Immediately following law school, he clerked for Chief Judge J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit. While in law school, Professor Candeub was an articles editor for the University of Pennsylvania Law Review.
Professor Candeub's scholarly interests focus on the law and regulation of communications, internet, technology. His numerous law review articles and scholarly papers have placed him at the center of legal and policy controversies, and he often writes for popular outlets such as the Wall Street Journal and US News. Federal courts, including the U.S. Supreme Court, have cited and relied upon his work.
He joined the Trump administration in 2019 as Deputy Assistant Secretary of Commerce for Telecommunications and Information and assumed the role of Acting Assistant Secretary. He later joined the Department of Justice as Deputy Associate Attorney General.
Professor Candeub is a senior fellow at the D.C.-based Center of Renewing America.
Shareholder, Reinhart Boerner Van Deuren s.c.
Robert Driscoll is a shareholder in Reinhart's Labor and Employment Practice. He is an experienced, accomplished attorney who works to understand his clients' goals and provide them with effective legal and business solutions.
Rob counsels employers to help them avoid disputes with an emphasis on discrimination (including disability discrimination), wage and hour issues and employment contracts of all kinds. Rob's practice also includes all areas of traditional labor law, such as collective bargaining, labor arbitrations, proceedings before the National Labor Relations Board, and advising employers of their rights under the National Labor Relations Act.
He understands that trials can be costly and time-consuming, and clients appreciate that he offers creative options to resolve disputes without litigation. However, when litigation is unavoidable, he's a confident and diligent legal partner, devising effective strategies for prevailing. Rob's litigation experience includes wage and hour claims (both individual and class actions), employment and fair housing discrimination and noncompetition agreements. He also represents clients in appeals.
Prior to joining the firm, Rob was a law clerk for the Hon. Diane S. Sykes, U.S. Court of Appeals for the Seventh Circuit in Milwaukee.
Rob proudly serves on the Board of Directors for GPS Education Partners, an organization that works to validate technical career paths and provide students and their communities pathways to prosperity.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Executive Director, Committee for Justice
Ashley Baker serves as Executive Director at the Committee for Justice. Her focus areas include the Supreme Court, regulatory policy, antitrust, and judicial nominations. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and elsewhere. Ashley is also the founder of the recently-formed Alliance on Antitrust coalition. She has testified before the United States Senate on the topic of antitrust law.
Ashley is an active member of the Federalist Society, where she serves as a member of the Regulatory Transparency Project's Antitrust & Consumer Protection and Cyber & Privacy working groups. As a member of the Republican National Lawyers Association, she has served as a speaker on the Supreme Court and the federal judiciary.
As an expert on the judicial nominations process, Ashley worked closely on the efforts to confirm Justices Neil Gorsuch and Brett Kavanaugh.
Much of Ashley’s work is at the intersection of the courts, regulation, and technology. Ashley also engages in policy analysis and outreach on legislation and regulations related to these issues by writing op-eds, letters to Congress for committee hearings, and regulatory comments.
Head of AI Policy, Abundance Institute
Neil Chilson is the Head of AI Policy at the Abundance Institute. Prior to this position, he served as a Senior Research Fellow at the Center for Growth and Opportunity. Chilson is a lawyer, computer scientist, and author of the book “Getting Out of Control: Emergent Leadership in a Complex World.”
Chilson was previously the senior research fellow for Technology and Innovation at Stand Together, where he guided efforts to understand and promote the legal and cultural paradigms that best enable people to discover, innovate, and improve all our lives.
Before Stand Together, Chilson was the Chief Technologist at the Federal Trade Commission, where he focused on the economics of privacy and blockchain-related issues. Previously, he was an attorney advisor to Acting FTC Chairman Maureen K. Ohlhausen. In both roles he advised Chairman Ohlhausen and worked with staff on nearly every major technology-related case, report, workshop, or other FTC proceeding since January 2014. Neil joined the FTC from telecom firm Wilkinson Barker Knauer. Neil is frequently quoted by the press and his work has appeared in numerous news outlets, including The Wall Street Journal, The Washington Post, USAToday, and Newsweek. Neil has a J.D. from The George Washington Law School, a M.S. in computer science from University of Illinois, Urbana-Champaign, and a B.S. in computer science from Harding University.
James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law, University of Virginia School of Law
Professor John C. Harrison is the James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law at the University of Virginia School of Law. He joined the faculty at University of Virginia in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.
A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).
William R. Orthwein Distinguished Professor of Law, Washington University in St. Louis School of Law
Professor Ronald M. Levin is a nationally known scholar who specializes in administrative law and related public law issues. He is the co-author of a casebook on state and federal administrative law, now in its third edition, as well as a nutshell on administrative law and process, now in its fifth edition. Formerly the law school's associate dean, he has published numerous articles and book chapters on administrative law topics, including judicial review, rulemaking, and legislative reform of the regulatory process. He also has written about the law of legislation, lobbying, and legislative ethics. Among his professional affiliations, Professor Levin has chaired the ABA Section of Administrative Law and Regulatory Practice and served as the ABA's advisor to the drafting committee to revise the Model State Administrative Procedure Act. He also has chaired the Section on Administrative Law and the Section on Legislation of the Association of American Law Schools (AALS). Currently a public member of the Administrative Conference of the United States (ACUS), he previously served as a consultant to ACUS and to the Supreme Court of Indonesia. Before joining the law faculty, Professor Levin clerked for the Hon. John C. Godbold, U.S. Court of Appeals for the Fifth Circuit, and practiced for three years in Washington, D.C., with the firm of Sutherland, Asbill & Brennan.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Board Member, U.S. Privacy and Civil Liberties Oversight Board
Beth A. Williams is a Board Member of the United States Privacy and Civil Liberties Oversight Board, an agency whose mission is to ensure that the federal government's efforts to prevent terrorism are balanced with the need to protect privacy and civil liberties.
Prior to her Board service, Ms. Williams was the Assistant Attorney General for the Office of Legal Policy at the United States Department of Justice from August 2017 to December 2020. In that role, she served as the primary policy advisor to the Attorney General and the Deputy Attorney General, and as the Chief Regulatory Officer for the Department. Ms. Williams also led the judicial nomination process for the Department, assisting in the selection and confirmation of more than 230 Article III judges to the bench.
Prior to becoming Assistant Attorney General, Ms. Williams was a litigation and appellate partner at a national law firm, where her practice focused on complex commercial, securities, appellate, and First Amendment litigation. From 2005-2006, Ms. Williams served as Special Counsel to the United States Senate Committee on the Judiciary, where she assisted with the confirmation of Chief Justice John G. Roberts, Jr. and Associate Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Ms. Williams clerked for the Hon. Richard C. Wesley on the United State Court of Appeals for the Second Circuit. She graduated from Harvard College magna cum laude, with a degree in History and Literature, and she earned her law degree from Harvard Law School, where she served as Executive Editor of the Harvard Journal of Law and Public Policy.
Senior Counsel, Alliance Defending Freedom
Erik Baptist serves as senior counsel at Alliance Defending Freedom, focusing on administrative litigation and regulatory advocacy.
Before joining ADF, Baptist was a partner at Wiley Rein LLP—one of the largest law firms in Washington, D.C.—where he employed his expertise in administrative and environmental law to represent clients on litigation, regulatory, and enforcement matters.
Prior to working at Wiley, Baptist served as a senior executive service appointee at the U.S. Environmental Protection Agency. As the senior deputy general counsel and deputy assistant administrator, he directed EPA’s litigation, implemented groundbreaking rulemakings and policies, represented EPA and defended witnesses in response to congressional inquiries, and collectively helped oversee the work of more than 1,100 EPA lawyers, scientists, and staff.
Baptist began his career in the Trial Department of the international law firm McDermott, Will & Emery LLP. He earned his B.A. from Vanderbilt University and his J.D. from The George Washington University Law School. During law school, Baptist externed for the Honorable Ricardo M. Urbina of the U.S. District Court for the District of Columbia, interned for the Honorable Eric T. Washington of the D.C. Court of Appeals, and served on The George Washington International Law Review.
Baptist is an active member of the D.C. Bar and is admitted to practice before the U.S. Supreme Court and various federal courts of appeal.
Faculty Fellow, Center for Law, Science & Innovation, Sandra Day O'Connor College of Law, Arizona State University
Dr. Klein is a Faculty Fellow at the Center for Law, Science & Innovation at the Sandra Day O'Connor College of Law at Arizona State University. He is also Principal at Roger D. Klein, MD JD Consulting and Klein & Klein Co., L.P.A. He was formerly Chief Medical Officer at OmniSeq, an oncology focused genomic profiling company that was recently acquired by LabCorp. Previously, Roger was the Medical Director at the Molecular Oncology division at the Cleveland Clinic. He was also the Chair of the Professional Relations Committee at the Association for Molecular Pathology. Prior to joining the Cleveland Clinic, he served as Medical Director of Molecular Oncology at the BloodCenter of Wisconsin where he led the center’s Diagnostic Laboratories’ initiative focused on DNA- and RNA-based testing for evaluation of cancer patients.
Dr. Klein has been an advisor to the Department of Health and Human Services (HHS), the Food and Drug Administration (FDA), the Centers for Medicare and Medicaid Services (CMS), and the Centers for Disease Control and Prevention (CDC). He has participated in and assumed leadership roles in many professional society committees and corporate advisory boards and is a policy advisor to the Heartland Institute.
Dr. Klein is licensed to practice medicine in Ohio, Florida, and Wisconsin. Additionally, he is licensed to practice law in the District of Columbia and Ohio. Roger obtained his Molecular Genetic Pathology certification at Mayo Medical School following completion of his M.D. Yale University School of Medicine. He obtained his J.D. from Yale Law School.
Courthouse Steps Oral Argument: Dubin v. United States
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On February 27, 2023, the United States Supreme Court is set to hear Oral Argument...
Turkiye Halk Bankasi A.S. v. United States - Post-Argument SCOTUScast
Mike Hurst
Mike Hurst
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Open Minds: Applying Libertarian Convictions in The Real World
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Prof. Randy Barnett joins Prof. Joshua Kleinfeld to discuss how his life experiences have informed his libertarian...
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Courthouse Steps Oral Argument: Gonzalez v. Google
Erik S. Jaffe
On February 21, 2023, the U.S. Supreme Court will hear oral argument in Gonzalez v....
Moore v. Harper - Post-Argument SCOTUScast
Andrew Grossman
Andrew M. Grossman
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A Seat at the Sitting - February 2023
Adam Candeub, Robert S. Driscoll, Karen Harned, John C. Richter
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Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket...
Explainer Episode 50 - FTC on Privacy: The Statutory Authority Behind the Plan
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Regulatory Transparency Project's Fourth Branch Podcast
Last November, the Federal Trade Commission accepted comments on its proposal to start a rulemaking...
Does the Administrative Procedure Act Provide for Universal Vacatur?
John C. Harrison, Ronald M. Levin, Steven J. Menashi, Beth A. Williams
Section 706 of the Administrative Procedure Act instructs courts to "set aside" agency action that...
Litigation Update: AHM v. FDA: Challenging the FDA on “Chemical Abortion Drugs"
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A Regulatory Transparency Project Webinar
In November 2022, the Alliance Defending Freedom (ADF) filed a federal lawsuit in the U.S....