UnCommon Law

De: Bloomberg Industry Group
  • Resumen

  • 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
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Episodios
  • 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. Edited by Josh Block.
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    25 m
  • 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 m
  • 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 m
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