Podcast

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


Cost-Benefit Analysis and Regulatory Stability

Today’s episode of The Marketplace of Ideas brings you a conversation between two of the leading minds in the academy on cost-benefit analysis.

Caroline Cecot is an Assistant Professor of Law at Antonin Scalia Law School at George Mason University. She teaches administrative law, environmental law, and torts. Professor Cecot has published widely in leading journals, and is a co-author of the casebook Environmental Law and Policy, 4th Ed. (Foundation Press, 2019).

Prior to joining the faculty, Professor Cecot was a Postdoctoral Research Scholar in Law and Economics at Vanderbilt Law School and clerked for the Honorable Raymond J. Lohier, Jr., of the United States Court of Appeals for the Second Circuit. She was also a Legal Fellow at the Institute for Policy Integrity at New York University School of Law. Professor Cecot is an affiliated scholar at the Atlantic Council, the C. Boyden Gray Center for the Study of the Administrative State, the Institute for Policy Integrity, and the Technology Policy Institute. She also regularly serves as an instructor in Law & Economics Center educational programming. She currently serves on the US Environmental Protection Agency Science Advisory Board’s Economic Guidelines Review Panel.

Professor Cecot earned an AB degree, magna cum laude, in economics from Harvard College, a JD from Vanderbilt Law School, and a PhD in law and economics from Vanderbilt University. During her graduate studies, she received the Robert F. Jackson Prize and the Archie B. Martin Memorial Prize for her grades; and she was elected to Order of the Coif.

Click here to read Professor Cecot’s recent article, and the focal point for today’s episode, on “Deregulatory Cost-Benefit Analysis and Regulatory Stability.”

Michael ALivermore is the Edward F. Howrey Professor of Law at the University of Virginia School of Law. He teaches environmental law, administrative law, regulatory law and policy, and advanced seminars on these topics. Professor Livermore is a leading expert on the use of cost-benefit analysis to evaluate regulation, and has published widely in leading journals. He is the co-author of Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health (Oxford University Press, 2020) and Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008).  He is also the co-editor of The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013). Prior to joining the faculty, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law.

Livermore earned his JD magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law’s Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the US Court of Appeals for the DC Circuit. Professor Livermore is also Professor Livermore is a public member of the Administrative Conference of the United States.

Click here to read Professor Livermore’s new book with Richard L. Revesz on “Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health.”

 

Links

Caroline Cecot, Deregulatory Cost-Benefit Analysis and Regulatory Stability, 68 Duke L.J. 1593 (2019), https://scholarship.law.duke.edu/dlj/vol68/iss8/2

Michael A. Livermore and Richard L. Revesz, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health, Oxford University Press (2020), https://oxford.universitypressscholarship.com/view/10.1093/oso/9780197539446.001.0001/oso-9780197539446

 

 

 

Using Risk Assessment Instruments to Reduce Incarceration

In today’s episode of The Marketplace of Ideas, Donald Kochan sits down with Chris Slobogin, the Milton R. Underwood Chair in Law and Director of the Criminal Justice Program at Vanderbilt Law School, and Affiliate Professor of Psychiatry at Vanderbilt School of Medicine, to discuss Professor Slobogin’s recent monograph titled “A Primer on Risk Assessment: Instruments for Legal Decision-Makers.”

To read and download the primer, click here.

Chris Slobogin has authored more than 100 articles, books and chapters on topics relating to criminal law and procedure, mental health law and evidence. Named director of Vanderbilt Law School’s Criminal Justice Program in 2009, Professor Slobogin is one of the five most cited criminal law and procedure law professors in the country over the past five years, according to the Leiter Report, and one of the top fifty most cited law professors overall from 2005-2015, according to Hein Online. Particularly influential has been his work on the Fourth Amendment and technology and his writing on mental disability and criminal law, appearing in books published by the University of Chicago, Harvard University and Oxford University presses and in journals such as the Chicago Law ReviewGeorgetown Law JournalNorthwestern Law ReviewPennsylvania Law ReviewStanford Law Review and Virginia Law Review. Professor Slobogin has served as reporter for three American Bar Association task forces (on Law Enforcement and Technology; the Insanity Defense; and Mental Disability and the Death Penalty) and as chair of both the ABA’s task force charged with revising the Criminal Justice Mental Health Standards and the ABA’s Florida Assessment team for the Death Penalty Moratorium Implementation Project. He is currently an Associate Reporter for the American Law Institute’s Principles of Police Investigation Project.

In recognition for his work in mental health law, in 2016 Professor Slobogin received both the American Board of Forensic Psychology’s Distinguished Contribution Award and the American Psychology-Law Society’s Distinguished Contribution of Psychology and Law Award; only a total of five law professors have received either of these awards in their thirty-year history, and none has received both awards. Before joining Vanderbilt’s law faculty, Professor Slobogin held the Stephen C. O’Connell chair at the University of Florida’s Fredric G. Levin College of Law. Professor Slobogin holds a secondary appointment as a professor in the Vanderbilt School of Medicine’s Department of Psychiatry.

 

 

COVID-19: Responsibility, Accountability, Liability, and Health Care Provider Duties of Care in a World of Rationing

Listen to today’s episode of The Marketplace of Ideas to hear Robert Jerry, Floyd R. Gibson Missouri Endowed Professor Emeritus of Law at University of Missouri School of Law, and David Hyman, Scott K. Ginsburg Professor of Health Law & Policy atGeorgetown University Law Center, discuss Professor Jerry’s recent article on “COVID-19: Responsibility and Accountability in a World of Rationing” in the Journal of Law and the Biosciences.

Robert H. Jerry, II is the Floyd R. Gibson Missouri Endowed Professor of Law-Emeritus at the University of Missouri School of Law. From 1998 to 2003, he held the Floyd R. Gibson Missouri Endowed Professorship at the University of Missouri School of Law. From 2003 to 2014, he served as dean of the University of Florida Levin College of Law, where he also held the Levin Mabie and Levin Professorship (through 2015). He returned to MU Law as the Isidor Loeb Professor of Law in 2015, a position he held until his retirement on September 1, 2019 as the Gibson Missouri Endowed Professor-Emeritus. At the University of Missouri School of Law, he has been affiliated with the Center for Dispute Resolution as a Senior Fellow since 2003. As an emeritus faculty member, he maintains an active research agenda. He received his JD from the University of Michigan Law School, where he was a member of the Michigan Law Review, and his undergraduate degree from Indiana State University.

Dr. David Hyman focuses his research and writing on the regulation and financing of health care. He teaches or has taught health care regulation, civil procedure, insurance, medical malpractice, law & economics, professional responsibility, and tax policy. He is the author of dozens of scholarly articles in leading legal and medical journals, and several books including Overcharged: Why Americans Pay Too Much For Health Care published by the Cato Institute in 2018 and co-authored with Charles Silver, and the Economics of Health Law published by Edward Elgar in 2016 and co-authored with Ronen Avraham and Charles Silver. Hyman received his BA, JD and MD from the University of Chicago.

 

 

Civil Justice Fest: A Month of Dialogues On the Most Pressing Civil Justice Issues

Listen in to the LEC’s Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America’s rapidly changing civil justice environment.

Watch the full recordings of each Civil Justice Fest panel here, and follow the Law & Economics Center on Twitter, Facebook and LinkedIn to keep up with our #12DaysofCivilJustice with posts highlighting each Civil Justice Fest webinar.

Managing Dockets and Judicial Resources During COVID-19 While Preserving Standards of Fairness and Justice

 

Looking Forward: Civil Justice Issues in the Next Administration and New Congress

 

The Expanding Scope of Public Nuisance and Locality Litigation: The Role of Precedent, Consistency, and the Rule of Law

 

Tort Liability for Businesses During COVID-19: How to Determine the Duty of Care During a Pandemic While Incentivizing Safe Commercial Activity

 

Developments in Products and Other Liability for E-Commerce Marketplaces and Other Platforms

 

The Role of Courts in Managing New Theories of Remedies: The Debates on Medical Financing, Social Inflation, Phantom Damages, and Other Emerging Trends

 

Behind the Curtain at the American Law Institute (ALI): Drafting and Approving Restatements of Law at the ALI and Their Proper Weight in Judicial Decisionmaking

 

Dissecting the Development of Claims: Trends in Lawyer Advertising and Third Party Litigation Financing

 

The Proper Judicial Standards for Evaluating and Ensuring Quality in Expert Testimony

 

The Interplay Between Medical Device Regulatory Reviews and Civil Liability Standards: A Case Study of Issues Surrounding FDA 510(k) Clearance

 

The New California Privacy Act and Other Emerging Issues in Privacy Litigation

 

A Survey of Emerging Issues in Civil Justice

 

 

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.