Criminal Law & Procedure Practice Group Podcast
Is Clay v. United States, argued on October 2 in the 11th Circuit, a case study of overcriminalization and abusive federal prosecution? The case raises basic notions of due process, fair notice, the rule of lenity, mens rea, and actus reus. What began as a highly publicized raid by some 200 FBI agents on a Florida health care company over an accounting dispute of how to interpret a provision in Florida’s Medicaid reimbursement statute with no clarifying administrative regulations, led to the indictment, conviction, and prison sentences for the company’s top executives for fraud. This case is particularly important for all regulated industries, where there are numerous and ambiguous laws and complex regulations governing conduct subject to administrative, civil, and criminal enforcement.
Telecommunications & Electronic Media Practice Group
- Paul D. Kamenar, Senior Fellow, Administrative Conference of the United States
- John J. Park, Jr., Of Counsel, Strickland Brockington Lewis LLP
With the adoption of the Open Internet Order, the Federal Communications Commission has potentially waded into areas that have historically been within the Federal Trade Commission’s jurisdiction. How are privacy, consumer protection, and technology policy issues currently being handled by the agencies – do their actions complement each other or are they creating regulatory tension and uncertainty? If there is a turf war going on, will Congress step in or will the courts decide? How does it impact competition policies and consumer protection? Join FCC Commissioner Ajit Pai and FTC Commissioner Maureen Ohlhausen as they engage in a moderated discussion about these and other issues relating to the respective roles of their agencies.
- Hon. Maureen K. Ohlhausen, Federal Trade Commission
- Hon. Ajit V. Pai, Federal Communications Commission
- Moderator: Alexander Okuliar, Partner, Orrick, Herrington & Sutcliffe LLP
September 2, 2015 Administrative Law & Regulation Practice Group Podcast
In his new book, By the People: Rebuilding Liberty Without Permission, acclaimed social scientist and bestselling author Charles Murray argues that the balance of power between government and the people has become too one-sided, in favor of the government. He argues that citizens across the political spectrum are suffering under the imbalance, and willing and able to act. The question, though, is what is to be done? His answer might surprise you.
SCOTUScast 7-1-15 featuring Andrew Grossman
- Dr. Charles Murray, W.H. Brady Scholar, American Enterprise Institute
- Adam J. White, Counsel, Boyden Gray & Associates
On June 29, 2015, the Supreme Court issued its decision in Michigan v. Environmental Protection Agency. The question in this case is whether the Environmental Protection Agency (EPA) acted unreasonably when it did not consider the costs of compliance in determining whether it was appropriate to regulate hazardous air pollutants emitted by electric utilities.
In an opinion delivered by Justice Scalia, the Court held by a vote of 5-4 that the EPA acted unreasonably when it treated the costs of compliance as irrelevant. The judgment of the D.C. Circuit was reversed and the case remanded.
Chief Justice Roberts, as well as Justices Kennedy, Thomas, and Alito joined the opinion of the Court. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, which justices Ginsburg, Breyer, and Sotomayor joined.
To discuss the case, we have Andrew Grossman, who is an associate at the law firm BakerHostetler. SCOTUScast 6-26-15 featuring Jonathan Adler and Josh Blackman
On June 25, 2015, the Supreme Court issued its decision in King v. Burwell. The question in this highly anticipated case is whether the Affordable Care Act authorizes the Internal Revenue Service to offer tax credit subsidies for individuals purchasing health insurance through federal exchanges.
In an opinion delivered by the Chief Justice, the Court held by a vote of 6-3 that the tax credit subsidies authorized by section 36B of the Affordable Care Act for individuals purchasing health insurance through state exchanges are also available to individuals in states that have a federal exchange. The judgment of the Fourth Circuit was affirmed.
Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan joined the opinion of the Court. Justice Scalia filed a dissenting opinion which Justices Thomas and Alito joined.
To discuss the case, we have Prof. Josh Blackman, who is an Assistant Professor of Law at the South Texas College of Law and Prof. Jonathan Adler who is the Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at Case Western Reserve University School of Law.