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UnCommon Law

UnCommon Law

De : Bloomberg Industry Group
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 On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Is affirmative action in college admissions constitutional? Is it time to kill the bar exam? Should social media face special legal scrutiny? What are law firms doing to fix their lack of diversity? This podcast, hosted by Matthew S. Schwartz, was the winner of the American Bar Association's Silver Gavel Award for Media and the Arts.© 2025 Bloomberg Industry Group, Inc. All Rights Reserved Politique et gouvernement Sciences politiques Sciences sociales
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    • 4. If a Bartender is Cutting Lemons, Is She Still a Bartender?

      4. If a Bartender is Cutting Lemons, Is She Still a Bartender?
      Aug 13 2025
      In this episode, we explore the aftermath of the Supreme Court’s decision to overturn the Chevron doctrine through the Loper Bright case, examining its impact on the regulatory landscape in America. In just the first six months after Loper Bright was decided, courts cited the case more than 400 times, leading to the invalidation of new agency rules 84% of the time. This has affected policies ranging from net neutrality to labor regulations to environmental protections. We delve into how Loper Bright has already reshaped American regulatory policy. We also look into how the Trump administration’s strategic use of Loper Bright to dismantle Biden-era rules, directing agencies to identify regulations that may be vulnerable under this new legal framework. But is the celebration over Chevron’s demise premature? Some legal experts describe Loper Bright as “a Rorschach test inside a crystal ball” suggesting theat its impact might be more complex than anticipated, with different interpretations emerging. Featuring: Helgi Walker, partner at Gibson Dunn and co-chair of their administrative law and regulatory practice group Rebecca Rainey, senior labor department reporter for Bloomberg Law Cary Coglianese, professor at the University of Pennsylvania Carey Law School and director of the Penn Program on Regulation *** Hosted and produced by Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte Thank you: Jennifer Hijazi, Keith Perine, Tom Taylor, and Cesca Antonelli
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      32 min
    • 3. Loper Bright: How a Little Boat Made Big Waves

      3. Loper Bright: How a Little Boat Made Big Waves
      May 28 2025
      Federal agencies expanding their power beyond congressional intent? Unelected bureaucrats making policy decisions? Regulatory whiplash?! According to the litigants urging the Supreme Court to strike down the Chevron doctrine in the Loper Bright case, those were the harms Americans would continue to face if Chevron deference were allowed to continue. But striking down the pivotal legal principle that had been in place for 40 years would bring its own risks, defenders of Chevron argued. Scientific and technical decisions would need to be made by judges with no specialized expertise. Regulatory uncertainty would soar, as thousands of existing rules face new challenges. And the Supreme Court itself could be forced to become, as Justice Ketanji Brown Jackson put it, "uber-legislators." In part two of our episode on Loper Bright, the high court ostensibly considers the plight of the herring fishermen, but actually looks to decide whether to abandon the Chevron doctrine once and for all.Stylebook flag Featured Guests: Ryan Mulvey, counsel with the Cause of Action Institute Jeff Kaelin, director of sustainability and government relations at Lund’s Fisheries Wayne Reichle, President of Lund's Fisheries Gillian Metzger, Harlan Fiske Stone Professor of constitutional law at Columbia University Lydia Wheeler, co-host of Cases and Controversies & Supreme Court reporter for Bloomberg Law Greg Stohr, co-host of Cases and Controversies & Supreme Court reporter for Bloomberg News Kimberly Robinson, co-host of Cases and Controversies & Supreme Court reporter for Bloomberg Law *** Hosted and produced by Matthew S. Schwartz Editor/Executive Producer: Josh Block Cover Art: Jonathan Hurtarte Special thanks to Tom Taylor, David Schultz, Paul Detrick, Isabel Gottlieb, and Matt's baby for their vocal performances.
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      33 min
    • 2. The Fishermen Who Took Down a Giant: The Epic Court Fight Over Who Makes the Rules

      2. The Fishermen Who Took Down a Giant: The Epic Court Fight Over Who Makes the Rules
      May 1 2025
      Wayne Reichle – who’s been in the fishing business his whole life – had never heard of the Chevron doctrine. That's the two-step legal test that courts used for the past 40 years to decide whether a federal agency had the authority to make a regulation. "No idea," said Reichle, president of New Jersey-based Lund's Fisheries. "Myself, and many, many fellow fishermen had no idea what the Chevron doctrine was." That changed after a group of fishermen challenged a federal regulation requiring the herring industry to pay for onboard federal observers. "I think there’s quite a few that know what the Chevron doctrine is today," Reichle said. This season on UnCommon Law, we’re exploring the limits of agency power. To what extent are federal agencies authorized to create and implement regulations that aren't explicitly mandated by Congress? And what happens when an agency goes too far? In this episode, the story of the fishermen who fought back. Featuring: Wayne Reichle, president of Lund's Fisheries Jeff Kaelin, director of sustainability and government relations at Lund's Fisheries Ryan Mulvey, counsel with the Cause of Action Institute Erica Fuller, senior counsel with the Conservation Law Foundation Leif Axelsson, captain of the Dyrsten fishing vessel Greg Stohr, Supreme Court reporter for Bloomberg News *** Hosted and produced by Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte
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      25 min
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