Administrative Law & Regulation

Criminalizing Reasonable Interpretations of Regulatory Schemes: Clay v. United States - Podcast

Criminal Law & Procedure Practice Group Podcast
Paul D. Kamenar, John F. Lauro, John G. Malcolm July 29, 2015

Is Clay v. United States, currently pending 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, ended in 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. John Lauro, counsel in the case, discussed the lawsuit, with Paul Kamenar joining to offer questions and comments.

  • Paul D. Kamenar, Washington, D.C. Attorney and Senior Fellow, Administrative Conference of the United States
  • John F. Lauro, Principal, Lauro Law Firm
  • Moderator: John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

Disinherited: How Washington Is Betraying America's Young - Podcast

Administrative Law & Regulation Practice Group Podcast
Diana Furchtgott-Roth, Eileen O'Connor July 16, 2015

Tens of millions of Americans are between the ages of 18 and 30. These Americans, known as millennials, are, or soon will be, entering the workforce. According to Diana Furchtgott-Roth’s new book, Disinherited: How Washington Is Betraying America's Young, it will be more difficult for this millennial generation to achieve success than it was for young people in the past. Ms. Furchtgott-Roth presents the personal stories of several members of what she terms a “disinherited generation,” each story an indictment of America’s treatment of its young. The book declares that the birthright of America’s young must be restored, and endeavors to explain how.

  • Diana Furchtgott-Roth, Senior Fellow, Manhattan Institute for Policy Research
  • Hon. Eileen O'Connor, Partner, Pillsbury Winthrop Shaw Pittman LLP

The Balance of Power: The People v. The State - Podcast

Administrative Law & Regulation Practice Group Podcast
Charles Murray, Adam J. White July 16, 2015

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.

  • Dr. Charles Murray, W.H. Brady Scholar, American Enterprise Institute
  • Adam J. White, Counsel, Boyden Gray & Associates