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Does "Board Law" Matter after Loper Bright?

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Manage episode 493152139 series 1782649
Content provided by The Federalist Society. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Federalist Society or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.
Administrative law is in flux, nowhere more so than at the National Labor Relations Board. The Board has long made labor law (or “policy”) by issuing decisions and applying its own precedent. But in a recent oral argument at the Seventh Circuit, one member of the panel suggested that he didn’t want to hear about “Board law.” The judges, he said, could read the statute for themselves. That statement was controversial and thought-provoking. After last term’s blockbuster decision in Loper Bright Enterprises v. Raimondo, courts are no longer supposed to defer to administrative agencies on legal questions. So does that mean Board law is dead? Or is the issue more complicated? Join our panelists as we dissect the issue.
Featuring:
Prof. Samuel Estreicher, Dwight D. Opperman Professor of Law Director, Center for Labor and Employment Law Co-Director, Institute of Judicial Administration, NYU School of Law
Alexander T. MacDonald, Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
(Moderator) Karen Harned, President, Harned Strategies LLC
  continue reading

1033 episodes

Artwork
iconShare
 
Manage episode 493152139 series 1782649
Content provided by The Federalist Society. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Federalist Society or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.
Administrative law is in flux, nowhere more so than at the National Labor Relations Board. The Board has long made labor law (or “policy”) by issuing decisions and applying its own precedent. But in a recent oral argument at the Seventh Circuit, one member of the panel suggested that he didn’t want to hear about “Board law.” The judges, he said, could read the statute for themselves. That statement was controversial and thought-provoking. After last term’s blockbuster decision in Loper Bright Enterprises v. Raimondo, courts are no longer supposed to defer to administrative agencies on legal questions. So does that mean Board law is dead? Or is the issue more complicated? Join our panelists as we dissect the issue.
Featuring:
Prof. Samuel Estreicher, Dwight D. Opperman Professor of Law Director, Center for Labor and Employment Law Co-Director, Institute of Judicial Administration, NYU School of Law
Alexander T. MacDonald, Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
(Moderator) Karen Harned, President, Harned Strategies LLC
  continue reading

1033 episodes

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