Épisodes

  • Did Schoolhouse Rock Lie to Us?

    Did Schoolhouse Rock Lie to Us?
    Aug 20 2025
    For decades, generations of schoolchildren linked to the video on the Schoolhouse Rock YouTube channellearned from Schoolhouse Rock that bills become laws through careful committee work, open debate, and thoughtful compromise. But as today's episode of UnCommon Law makes clear, that tidy version of lawmaking no longer reflects reality. Instead, leaders often craft omnibus bills in back rooms and create deliberately vague laws that punt hard decisions to federal agencies. But with the Supreme Court's Loper Bright decision ending 40 years of judicial deference to agencies, critics say Congress can no longer hide behind this broken system. In this season finale, we hear from a current and a former senator on opposite sides of the aisle who both argue that Congress must reclaim its constitutional role. They agree that decades of delegating authority to agencies has weakened the legislature, but they diverge on what should happen next. Should lawmakers strip out vague catchall words to limit agency discretion? Or should Congress work more closely with agencies to ensure workable, expert-informed legislation? But can a deeply polarized institution actually change? While both senators agree on some solutions, they differ sharply on whether a different approach is even possible in today's political climate. On today's episode, we explore whether Congress can reclaim its constitutional role. Featuring: Sen. Eric Schmitt, R-Mo. Former Sen. Heidi Heitkamp, D-N.D.
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    37 min
  • 4. Chevron is Dead. Is the Administrative State Still Alive?

    4. Chevron is Dead. Is the Administrative State Still Alive?
    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
  • Deadly Haze: How an Invisible Bubble of Pollution Changed the Way Government Regulates Everything

    Deadly Haze: How an Invisible Bubble of Pollution Changed the Way Government Regulates Everything
    Mar 5 2025
    Congress often passes major legislation setting out broad principles, and then lets the federal agencies sort out the details. But what should an agency do if Congress’s instructions are ambiguous or silent? That was the question facing the Supreme Court 40 years ago, when the Reagan administration's Environmental Protection Agency adopted a business-friendly interpretation of key provisions of the Clean Air Act. After the Natural Resources Defense Council sued, the Supreme Court set out a principle that would define the extent of agency power for decades – until last year, when Loper Bright upended the way courts evaluate agency actions. This season on Uncommon Law, we’ll explore the rise and fall of agency power, and what that could mean for the future of regulation in America. Plus: Will President Trump and his advisor Elon Musk be able to use the new legal landscape to eliminate the regulations they find too burdensome? Featuring: David Doniger, Senior Attorney with the Natural Resources Defense Council Jennifer Hijazi, environment reporter for Bloomberg Industry Group *** Host/Producer: Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte
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    29 min
  • NEW SERIES TRAILER: The Rise and Fall of Agency Power

    NEW SERIES TRAILER: The Rise and Fall of Agency Power
    Feb 24 2025
    This season on UnCommon Law, join us as we explore the rise and fall of agency power, and what that could mean for the future of regulation in America.
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    3 min
  • BONUS: How Quinn Emanuel Lawyers Save 50 Billable Hours With One Click

    BONUS: How Quinn Emanuel Lawyers Save 50 Billable Hours With One Click
    Nov 21 2024
    Generative AI has promised to reshape the practice of law ever since ChatGPT emerged. However, it's been unclear just how large law firms are using AI. Has it changed how practitioners do their jobs on a daily basis? Are we witnessing the emergence of a revolution in how lawyers do their work? Uncommon Law's Matthew Schwartz sits in as guest host on this episode of On the Merits. He talks with John Quinn, founder and chair of Quinn Emanuel Urquhart & Sullivan, as they discuss his firm's stance on artificial intelligence and the future of the billable hour.
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    22 min
  • 6. From Errors to Efficiency: Can AI Transform the Practice of Law?

    6. From Errors to Efficiency: Can AI Transform the Practice of Law?
    Oct 31 2024
    In the season finale of UnCommon Law, we explore the power of AI to transform legal practice. Featuring insights from top law professors, a federal judge, and industry leaders like John Quinn, founder of Quinn Emanuel, we ask: Can AI’s promise of efficiency overcome its risks—and redefine the future of law? Guests: John Quinn, founder of Quinn Emanuel Urquhart & Sullivan, LLP Daniel Ho, professor of law and computer science at Stanford University David Hoffman, professor of law at the University of Pennsylvania Carey Law School Isabel Gottlieb, reporter for Bloomberg Law covering AI and issues impacting corporate legal departments *** Host/Producer: Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte
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    37 min