Opening Arguments - OA338: Nondelegation and the “Administrative State”

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

  1. For an update on Chevron deference, check out our Episodes 40 and 136.
  2. In terms of Auer deference, check out our explainers in Episode 266 and 293.
  3. 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!

Ologies with Alie Ward - Phonology (LINGUISTICS) with Nicole Holliday — Encore Presentation

Alie is delirious with the flu, so it’s an encore presentation of a favorite episode. If you slept on this when it first aired, get into Phonology now. Vocal fry. Code switching. Black Twitter. Valley girls. Culture vultures. WE'RE TALKING ABOUT TALKING. Alie battles traffic to sit down with linguistics professor Dr. Nicole Holliday about intonational phonology: how tones and pitch help us bond with others and construct identities. Inspired in part by former President Barack Obama's masterful linguistic variability, Dr. Holliday's work focuses on how language is used in the crossing and construction of racial/ethnic boundaries. She graciously fielded tons of questions for a fascinating dive into the nuances and strict grammatical rules of African American Language, cultural appropriation, our educational system, honoring your identity, what not to wear in Paris and the roiling debate over who is the best rapper. Also: Alie is maybe a lizard person.

Follow Dr. Nicole Holliday @MixedLinguist on Twitter and Instagram

A donation went to Initiate Justice

More episode sources & links 

Sponsors of Ologies

Transcripts & bleeped episodes

Support Ologies on Patreon for as little as a buck a month

OlogiesMerch.com has hats, shirts, pins, totes!

Follow @Ologies on Twitter and Instagram

Follow @AlieWard on Twitter and Instagram

Sound editing by Jarrett Sleeper of MindJam Media & Steven Ray Morris

Music by Nick Thorburn

The Gist - Alex Gibney’s Citizen K

On The Gist, Chuck Todd did good.

In the interview, documentarian Alex Gibney is here to discuss his newest film, Citizen K, about former Russian oligarch Mikhail Khodorkovsky and Putin’s Russia. They discuss what led to Khodorkovsky’s exile, and the way his story reveals the current state of Russian affairs.

In the Spiel, Mike’s Thanksgiving weekend.

Slate Plus members get bonus segments and ad-free podcast feeds. Sign up now.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Reset with Sasha-Ann Simons - Lightfoot Fires Chicago’s Top Cop, Former Madigan Campaign Worker Reaches $275K Settlement

This morning, Chicago Mayor Lori Lightfoot fired the city’s top cop Eddie Johnson. The mayor said the CPD superintendent "repeatedly lied to her." The move was particularly stunning in its timing. It comes just weeks ahead of his scheduled retirement.

Reset  also sits down with political consultant Alaina Hampton. On Friday, Hampton reached a $275,000 settlement in a federal lawsuit against Illinois House Speaker Mike Madigan's political committees. The settlement comes nearly two years after Hampton came forward with allegations of sexual harassment against (Kevin Quinn,) a former top aide to Madigan.

Lex Fridman Podcast - Ray Dalio: Principles, the Economic Machine, Artificial Intelligence & the Arc of Life

Ray Dalio is the founder, Co-Chairman and Co-Chief Investment Officer of Bridgewater Associates, one of the world’s largest and most successful investment firms that is famous for the principles of radical truth and transparency that underlie its culture. Ray is one of the wealthiest people in the world, with ideas that extend far beyond the specifics of how he made that wealth. His ideas, applicable to everyone, are brilliantly summarized in his book Principles.

This conversation is part of the Artificial Intelligence podcast. If you would like to get more information about this podcast go to https://lexfridman.com/ai or connect with @lexfridman on Twitter, LinkedIn, Facebook, Medium, or YouTube where you can watch the video versions of these conversations. If you enjoy the podcast, please rate it 5 stars on Apple Podcasts or support it on Patreon.

This episode is presented by Cash App. Download it (App Store, Google Play), use code “LexPodcast”. 

Here’s the outline of the episode. On some podcast players you should be able to click the timestamp to jump to that time.

00:00 – Introduction
02:56 – Doing something that’s never been done before
08:39 – Shapers
13:28 – A Players
15:09 – Confidence and disagreement
17:10 – Don’t confuse dilusion with not knowing
24:38 – Idea meritocracy
27:39 – Is credit good for society?
32:59 – What is money?
37:13 – Bitcoin and digital currency
41:01 – The economic machine is amazing
46:24 – Principle for using AI
58:55 – Human irrationality
1:01:31 – Call for adventure at the edge of principles
1:03:26 – The line between madness and genius
1:04:30 – Automation
1:07:28 – American dream
1:14:02 – Can money buy happiness?
1:19:48 – Work-life balance and the arc of life
1:28:01 – Meaning of life

A History of Rock Music in 500 Songs - Episode 59: “Whole Lotta Shakin’ Goin’ On” by Jerry Lee Lewis

Episode fifty-nine of A History of Rock Music in Five Hundred Songs looks at “Whole Lotta Shakin’ Goin’ On” by Jerry Lee Lewis. Click the full post to read liner notes, links to more information, and a transcript of the episode.

Patreon backers also have a ten-minute bonus episode available, on “So Long I’m Gone” by Warren Smith.

(more…)

Unexpected Elements - New Malaria target

Molecular scale investigations have identified the mechanism which confers resistance to antimalarial drugs. Researchers hope work to turn off this mechanism could mean cheaper well known antimalarials can become effective once again.

We look at the threat to weather forecasting from 5G networks, discuss the origins of much of the technology in our mobile phones and ask what food we’ll be eating in the future and how the past can inform this.

Science fiction is full of people settling on distant planets. But even the closest stars would take millennia to reach with current speeds of travel, by the time any passengers reached an extra solar planet, they would be long dead.

So CrowdScience listener Balaji asked us to find out whether humans could hibernate for interstellar travel?

To uncover the science fact behind this idea, Anand Jagatia holds a tiny hibernating dormouse at the Wildwood Trust in Kent, and meets Dr Samuel Tisherman who puts his patients into suspended animation for a couple of hours, to save their lives after traumatic injuries that cause cardiac arrest. We ask if Dr Tisherman’s research could be extended to put healthy individuals to sleep for much longer periods of time?

It’s a question that neuroscientist, Professor Kelly Drew is studying, in Alaska Fairbanks. She uses Ground Squirrels as a model to understand internal thermostats, and how hibernating mammals manage to reduce their core temperatures to -3 degrees Celsius.

Anand speculates wildly with science fiction authors Adrian Tchaikovsky and Temi Oh whose characters in their books ‘Children of Time’ and ‘Do You Dream of Terra Two?’ traverse enormous distances between habitable planets.

But is human stasis something that would actually be useful? John Bradford is the director of SpaceWorks, this company works with NASA to try to investigate human hibernation for space travel. He’s trying to make space-based human hibernation a reality, and it seems that may be closer than you’d think.

Image: Mosquito. Science Photo Library