Welcome to The Marketplace of Ideas, a podcast series that provides original, high-quality information from events hosted by the Law & Economics Center at Scalia Law. Listeners will have access to content that is designed to enhance economic understanding and provide a consistent, rational voice that bolsters today’s policy discussions.

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Recent Episodes

Crossing Borders, Breaking Borders

On September 17, the LEC held a co-sponsored webinar with Indiana University Bloomington’s Maurer School of Law on two new books that critically examine new ideas about migration, secession, and political freedom.

Professor of Law at George Mason University Antonin Scalia Law School, Ilya Somin, argues for the expansion of people’s ability to “vote with their feet” across domestic and international boundaries in his book Free to Move. Timothy Waters, Professor of Law and Val Nolan Faculty Fellow at Indiana University Maurer School of Law and Associate Director of the Center for Constitutional Democracy, argues for a radical rethink of the opposition to secession asking in his book Boxing Pandora if secession is dangerous, or a pathway to stability?

Tune in to this episode of The Marketplace of Ideas to hear both authors present their arguments, and Professor Sanford Levinson, W. St. John Garwood, Jr. Centennial Chair and Professor of Government at The University of Texas at Austin School of Law, comment on both books.



Elementary School Teacher Use of EdTech

Listen in to a new episode of The Marketplace of Ideas to hear a panel discussion on the findings of a new report by James Cooper, Associate Professor of Law and Director of the Program on Economics & Privacy at George Mason University Antonin Scalia Law School.

The new report, titled “Elementary School Teacher Use of EdTech,” sheds light on the frequency and types of edtech used in the classroom, as well as the relationship between privacy training, edtech guidelines or state student privacy laws with the willingness to use edtech.

Please click here to read a copy of James Cooper’s report.

Click here to read the Executive Summary of the report.



The Practical Utility of Public Choice Economics: A View from the Department of Justice with Assistant Attorney General Jeffrey Bossert Clark

Listen in to a new episode of The Marketplace of Ideas to hear a view from the Department of Justice with Assistant Attorney General Jeffrey Bossert Clark.

In today’s episode, Deputy Executive Director of the Law & Economics Center, Donald Kochan, sits down with Jeffrey Bossert Clark to discuss the role that law and economics, including public choice, has had in his role at the Department of Justice and across his career.

Jeffrey Bossert Clark began serving as Acting Assistant Attorney General of the Civil Division on September 5, 2020.  Mr. Clark also is the Assistant Attorney General of the Environment and Natural Resources Division (ENRD), a position to which he was confirmed in October 2018. Prior to his confirmation as Assistant Attorney General, Mr. Clark was a partner with the international law firm of Kirkland & Ellis LLP in its Washington, DC office. During his time at the firm, he practiced in diverse areas of law, ranging from environmental to antitrust.

From 2001 to 2005, Mr. Clark served as a Deputy Assistant Attorney General within ENRD.  In that role, he oversaw ENRD’s Appellate Section and the Indian Resources Section, where he reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his time in ENRD, Mr. Clark also worked on all environmental or natural resource cases argued in front of the Supreme Court.

Mr. Clark received his bachelor’s degree in economics and history from Harvard University and earned a master’s degree in urban affairs and public policy from the University of Delaware.  He obtained his law degree from the Georgetown University Law Center, where he was an editor for the Georgetown Law Journal.  Mr. Clark has taught classes as an adjunct professor at the Antonin Scalia Law School. From 2012 to 2015, he served as an elected member of the Governing Council of the American Bar Association’s Administrative Law Section.

For additional informationsee:

(1) “Using Supplemental Environmental Projects (“SEPs”) in Settlements with State and Local Governments,” Memorandum from Jeffrey Bossert Clark, Assistant Attorney General, to ENRD Deputy Assistant Attorney Generals and Chiefs of the Environmental Enforcement, Environmental Defense, Environmental Crimes, Natural Resources, and Wildlife & Marine Resources Sections, Aug. 19, 2019, available at https://www.justice.gov/enrd/page/file/1197056/download.

(2) “Supplemental Environmental Projects (“SEPs”) in Civil Settlements with Private Defendants,” Memorandum from Jeffrey Bossert Clark, Assistant Attorney General, to ENRD Deputy Assistant Attorney Generals and Section Chiefs, March 12, 2020, available at https://www.justice.gov/enrd/page/file/1257901/download.




Privacy, Antitrust, and Big Tech

Should privacy be a goal of antitrust? To what extent do firms compete over privacy? And how does privacy regulation impact competition?

Tune in to today’s episode from a co-sponsored event from July 22, 2020 with the Global Antitrust Institute at Scalia Law to hear panelists address these questions.


US Supreme Court Roundup of the 2019-2020 Term

On Thursday, July 23 the Law & Economics Center hosted a panel discussion titled, “US Supreme Court Roundup: Civil Justice and Other Economics-Related Issues from the 2019-2020 Term.” Listen in as our panel of experts provide analysis on some of the most important decisions released by the Court across its past term.

Our panel focused particularly on cases that are most relevant for the future of civil justice, those to which economic analysis was most influential, and those from which we should expect the greatest economic impact.



EU vs. US: Competing Approaches to Antitrust and Innovation

In the face of new digital technologies, including the cloud and mobile devices, are the EU and the US so different in their competition laws? Whose influence has reached farther across other foreign jurisdictions, and how high are the stakes?

Listen in to hear the lively discussion between Cristina Cafarra, Vice President and Head of European Competition Practice at Charles River Associates; James Cooper, Associate Professor of Law at the Antonin  Scalia Law School and Director of the Program on Economics & Privacy; Jan Rybnicek, Counsel at Freshfields Bruckhaus Deringer; and Hal Singer, Managing Director of Econ One Research and Senior Fellow at George Washington Institute for Public Policy from the George Mason Law Review Twenty-Third Annual Symposium.


A Conversation with FTC Commissioner Noah Phillips on Privacy, Remedies, and Rulemaking

On July 2nd, James Cooper, Director of the LEC’s Program on Economics and Privacy interviewed FTC Commissioner Noah Phillips.

Listen is as Cooper and Phillips discuss a range of issues currently facing the Federal Trade Commission, including the FTC’s response to the COVID-19 pandemic to the intersection between privacy and antitrust.


Tort Liability for Businesses During COVID-19

As states begin to reopen, both businesses and consumers face uncertainty about the spread of COVID-19 and its effect on daily life. In this new era, should laws be drafted that limit or expand rules of tort liability in order to address the unique risks of operating business during a public health crisis?

In our June 2020 webinar co-sponsored with Scalia Law’s C. Boyden Gray Center for the Study of the Administrative State panelists delve into questions regarding tort liability for businesses during COVID-19.



The Fundamentals of the Marijuana Economy

Join us for this episode of The Marketplace of Ideas as we take you back to our October Symposium on the Law & Economics of Marijuana Legalization to hear George Mason University Professor of Law Sean O’Connor discuss the “Fundamentals of the Marijuana Economy.”

Listen in as O’Connor lays a technical framework for the Symposium, reviews the current state of cannabis regulation, and delves into the complexities of balancing health and safety while allowing for innovation within this new, regulated industry.


The Future of Competition Enforcement: Keynote Remarks by Bernard Nigro

This past February, panelists at the George Mason Law Review’s Twenty-Third Annual Antitrust Symposium explored the robust debate surrounding the direction of antitrust law. Bernard Nigro, Jr, Deputy Assistant General for the Antitrust Division of the US Department of Justice delivered the opening remarks for the Symposium.

Tune in to today’s episode to hear his remarks, and learn how the words of Wayne Gretzky can help us determine what the future of competition enforcement should look like.


Balancing Privacy and Public Health in the COVID-19 Era

As states re-open and the desire to resume ‘normal life’ grows, the issues surrounding privacy in a COVID-19 world have become increasingly salient. Most experts agree that some form of contact tracing will be necessary to safely reopen the economy, in the absence of a vaccine.

Listen in as experts from our May 14th webinar on “Balancing Privacy and Public Health in the COVID-19 Era” discuss the legitimate privacy concerns concerning these solutions and offer guidance for policymakers.


Is EU Privacy Regulation being Exported to the US?

Is European Union privacy regulation being exported to the United States? How is data a commercial good? And what lessons should US policymakers draw from the EU experience?

In this episode of The Marketplace of Ideas, hear Federal Trade Commissioner Noah Philips address these questions and more in his keynote from our Program on Economics & Privacy briefing held in December 2019 in Washington, DC.


The Supreme Court Case that Never Was: Nebraska and Oklahoma vs. Colorado

In our last episode you heard panelists from our 2019 Symposium on the Law & Economics of Marijuana Legalization discuss the challenges of an industry that is decriminalized within a state, but not at the federal level. This episode of The Marketplace of Ideas brings you a mock oral argument from the same 2019 Symposium.

Listen in as David A. Lopez, former Deputy Solicitor General for the Office of the Attorney General of Nebraska and Chief Deputy Attorney General and Fred Yarger, former Solicitor General of Colorado, argue the Nebraska and Oklahoma vs. Colorado Supreme Court case that never was. Following their remarks, comments from a judicial panel include The Honorable Steven Grasz, The Honorable Ryan Nelson, and The Honorable James Worthen.



Changing Dynamics: The Law & Economics of Marijuana Legalization

On November 6, 2012 Colorado Amendment 64 passed and the Constitution of the state of Colorado was subsequently amended to outline a statewide drug policy for cannabis.

Over the past two decades, more than thirty states have legalized though the drug remains classified as a Schedule 1 drug under federal law.

Join us for this episode of The Marketplace of Ideas taken from the Law & Economics Center’s October 2019 Symposium on the Law & Economics of Marijuana Legalization, and listen in as panelists discuss the issues and challenges arising within an industry that is decriminalized within a state, but not at the federal level.


The Future of Data Breach Litigation

With no uniform federal policy in place, some states have begun searching for their own solutions to the common threat data breaches pose. On January 1, 2020 California passed the Consumer Privacy Act to provide statutory damages for individuals whose information has been compromised.

Listen in as panelists from our January Congressional Civil Justice Academy briefing discuss the impact of this new California law on data security, and what the future may hold for consumers and the companies that are handling their data.


A Fireside Chat with FTC Commissioner Rohit Chopra

Episode 4 of The Marketplace of Ideas features a discussion between FTC Commissioner Rohit Chopra and Scalia Law Professor Joshua D. Wright during the George Mason Law Review’s Twenty-Third Annual Antitrust Symposium in February 2020.

From the FTC’s Facebook settlement, to how the FTC ‘missed’ the 2008 mortgage crisis, Chopra and Wright delve into the broad range of complex issues facing the FTC today.


How Big is Too Big? Big Tech, Antitrust, and Privacy

Episode three is from our December Congressional Civil Justice Academy briefing on big tech, antitrust, and privacy. Listen to our panelists John YunCharlotte SlaimanBruce Hoffman and moderator James Cooper as they discuss claims that big technology firms are too big and debate what, if anything, to do about it.


Amazon’s Vision for Workforce Development

Scalia Law’s Journal of Law, Economics and Policy sponsored its 16th Annual Symposium on November 8, 2019.  Ardine Williams, Vice President of Workforce Development for Amazon delivered the keynote address. Williams will lead the company’s hiring of almost 25,000 new employees to staff Amazon’s new HQ2 — soon to be located in Arlington, Virginia. Listen below, and click here to learn more.


The Economics of Privacy and Consumer Data Protection

In our first episode, panelists from our 2019 Symposium on the Law & Economics of Consumer Protection discussed the Federal Trade Commission’s approach to privacy regulation, and debated alternatives. Listen below, and click here to learn more.