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OA338: Nondelegation and the "Administrative State"

OA338: Nondelegation and the "Administrative State"

FromOpening Arguments


OA338: Nondelegation and the "Administrative State"

FromOpening Arguments

ratings:
Length:
72 minutes
Released:
Dec 3, 2019
Format:
Podcast episode

Description

Today's episode takes a deep dive into the nondelegation doctrine in light of a recent Kavanuagh comment on a case... in which the Supreme Court didn't even grant certiorari. Is Andrew panicking? (No.) Listen and find out why not! We begin, however, with a brief Andrew Was Wrong on taxation that calls back to OA 336. How exactly is stock income taxed? Listen and find out! Then, it's time for the main segment, which is a deep dive into the "administrative state" and specificially the "nondelegation doctrine" at issue in U.S. v. Gundy. Why did this last week signal the beginning of the end for Andrew & Thomas? Listen and find out! After all that, it's time for a listener question/comment on LIHEAP that helps contextualize how this program works in low-income communities. You won't wan't to miss it! Then, of course, it's time for #T3BE -- the answer to Thomas Takes the Bar Exam #155 about a tenant who takes possession of an apartment only to find the previous tenant still inside. How can.. the landlord win? Listen and find out! Appearances Thomas was just the main guest on Episode 498 of the Cognitive Dissonance podcast, and Thomas and Andrew make additional appearances to roast and be roasted for Vulgarity for Charity. If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links For an update on Chevron deference, check out our Episodes 40 and 136. In terms of Auer deference, check out our explainers in Episode 266 and 293. To get up to speed on the nondelegation doctrine, read Gundy v. U.S., 139 S.Ct. 2116 (2019). -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com!
Released:
Dec 3, 2019
Format:
Podcast episode

Titles in the series (100)

Every episode, legal expert Andrew and comic relief Thomas will tackle a popular legal topic and give you all the tools you need to understand the issue and win every argument you have on Facebook, with your Uncle Frank, or wherever someone is wrong on the Internet. It's law. It's politics. It's fun. We don't tell you what to think, we just set up the Opening Arguments.