The Marketplace of Ideas

Law & Economics Center

The Law and Economics Center at Scalia Law is proud to offer Marketplace of Ideas, a podcast series where you will get access to original, high-quality information from events hosted by the LEC.

All Episodes

This is the second episode in the LEC's Native American Heritage Month series, "Reclaiming the Narrative: Voices from Indian Country." In this series, tribal leaders share their perspectives and discuss a wide range of issues from indigenous history to tribal courts.

Nov 30

41 min

This is the first episode in the LEC's Native American Heritage Month series, "Reclaiming the Narrative: Voices From Indian Country." In this series, tribal leaders share their perspectives and discuss a wide range of issues from indigenous history to tribal courts.

Nov 30

24 min 18 sec

Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy 

Oct 8

1 hr 15 min

Forum on the Economic and Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy 

Oct 8

1 hr 13 min

Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon L. Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy

Oct 8

1 hr 16 min

Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy

Oct 8

1 hr 12 min

Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy 

Oct 8

1 hr 14 min

Forum on the Economic & Legal Foundations of Capitalism, with Nobel laureate Vernon Smith Cosponsored with the Smith Institute for Political Economy and Philosophy 

Oct 8

1 hr 13 min

Panel on Privacy, Data, and Competition Policy at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security. Panel Members: David LeDuc, Vice President of Public Policy, Network Advertising Initiative Alison Pepper, Executive Vice President of Government Relations, The 4As Lindsey Barrett, Fritz Family Fellow and Adjunct Professor of Law, Georgetown University Law Center Ari Levenfeld, Senior Manager, Government Affairs & Public Policy, Google

Jul 12

1 hr 20 min

Panel on Perspectives on Surveillance Capitalism at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security. Panel Members: Jane Bambauer, Professor of Law, University of Arizona James E. Rogers College of Law Neil Chilson, Senior Research Fellow, Charles Koch Institute Moderator: Andrew Stivers Associate Director, NERA Economic Consulting

Jul 12

57 min 28 sec

Panel on Privacy, Data, and Competition Policy at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security. Panel Members:  Erika Douglas, Assistant Professor of Law, Temple University Beasley School of Law Michael Kades, Director of Markets and Competition Policy, Washington Center for Equitable Growth John Yun, Associate Professor of Law, George Mason University Antonin Scalia Law School

Jul 12

1 hr 14 min

Fireside Chat with FTC Commissioner Noah Phillips moderated by James C. Cooper at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security.

Jul 12

46 min 45 sec

Keynote Luncheon Address from Jon Fasman, US Digital Editor, The Economist at the Ninth Annual Symposium on the Law & Economics of Privacy & Data Security. 

Jul 12

35 min 24 sec

Listen in to the LEC's Judicial Symposium on Scientific Methodology and the Admissibility of Expert Testimony to hear an insightful panel discussion on "The Challenge of Recognizing Good Science in the Courtroom" featuring:  David E. Bernstein, University Professor and Executive Director, Liberty and Law Center, George Mason University Antonin Scalia Law School Edward Casmere, Partner, Riley Safer Holmes & Cancila LLP Jeffrey S. Parker, Professor of Law (Retired), George Mason University Antonin Scalia Law School Thomas Sheehan, Partner, Shook Hardy & Bacon LLP Moderator: Erin O’Hara O’Connor, Dean and McKenzie Professor of Law, Florida State University College of Law To watch a full video recording of the panel discussion, click here.   

May 24

1 hr 14 min

Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "Issues in Documenting and Calculating Damages:The Debate Over Medical Financing and “Phantom” Damages" featuring:  Nicholas C. Johnson, Of Counsel, Cohen Milstein Sellers & Toll PLLC Drew LaFramboise, Partner, Ashcraft & Gerel  Lee Mickus, Partner, Evans Fears & Schuttert LLP  Caitlin F. Saladrigas, Partner, Holland & Knight Moderator: William C. Mims, Justice, Virginia Supreme Court   To watch a full video recording of the panel discussion, click here. 

Apr 16

1 hr 12 min

Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "The Controversy over Trends in High Damage Awards: A Discussion on Causes and Consequences" featuring: David Ball, Trial Consultant, Malekpour & Ball Litigation Strategy Mark A. Behrens, Co-Chair, Public Policy Practice Group, Shook Hardy & Bacon John H. Beisner, Partner, Litigation, Mass Torts, Insurance, and Consumer Litigation Skadden, Arps, Slate, Meagher & Flom LLP Laura Frank Sedrish, Partner, Jacoby & Meyers Moderator: Brock A. Swartzle, Judge, Michigan Court of Appeals   To watch the full video recording of the panel discussion, click here. 

Apr 9

1 hr 6 min

Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "Developments in Punitive Damages" featuring:  Eric D. Holland, Owner and Partner, Holland Law Firm, LLC Evan M. Tager, Partner, Mayer Brown W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management and Co-Director, PhD Program in Law and Economics, Vanderbilt Law School Navan Ward, Principal, Beasley Allen Moderator: Harris L Hartz, Circuit Judge, US Court of Appeals for the Tenth Circuit   To watch the full video recording of the panel discussion, click here. 

Apr 2

56 min 14 sec

Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "An Update on the Ongoing Debate over Nationwide Injunctions, Especially with a Change in Presidential Administration" featuring:  Samuel L. Bray, Professor of Law, The Notre Dame University Law School Scott A. Keller, Former Solicitor General State of Texas (2015-2018) Amy Marshak, Senior Counsel, Institute for Constitutional Advocacy and Protection and Adjunct Professor of Law, Georgetown University Law Center Michael T. Morley, Associate Professor, Florida State University College of Law Moderator: Trevor N. McFadden, District Judge, US District Court for the District of Columbia   To watch the full video recording of the panel discussion, click here.

Mar 26

1 hr 3 min

Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear a panel discussion on "Emerging State Interventions in Patent Settlements and Other Intellectual Property Matters Affecting Pharmaceuticals" featuring:  Adam Mossoff, Professor of Law, George Mason University Antonin Scalia Law School David Reichenberg, Co-Chair, Antitrust, Cozen O’Connor Richard Samp, Senior Litigation Counsel, New Civil Liberties Alliance Melissa Feeney Wasserman, Charles Tilford McCormick Professor of Law, The University of Texas at Austin School of Law   To watch the full video recording of the panel discussion, click here. 

Mar 19

1 hr 14 min

Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear a panel discussion on "Federal Efforts to Control Pharmaceutical Prices" featuring:  James W. Kim, Partner, McDermott Will & Emery William Padula, Fellow, University of Southern California Schaeffer Center and Assistant Professor, Department of Pharmaceutical and Health Economics, University of Southern California School of Pharmacy Serra J. Schlanger, Director, Hyman, Phelps & McNamara PC   To watch the full video recording of the panel discussion, click here. 

Mar 12

1 hr 4 min

Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear a panel discussion on "State Price Controls for Pharmaceutical Products" featuring: Kirsten Axelsen, Senior Policy Advisor, DLA Piper and Visiting Fellow, American Enterprise Institute  Sarah Kaminer Bourland, RN, BSN, MPH Legislative Director, Patients for Affordable Drugs Peter Maybarduk, Director, Public Citizen Steven Horwitz, Distinguished Professor of Free Enterprise and Director, Institute for the Study of Political Economy, Ball State University   To watch the full video recording of the panel discussion, click here. 

Feb 24

1 hr 7 min

Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear from Kenneth I. Kaitin, Senior Fellow and former Director of the Tufts Center for the Study of Drug Development at Tufts University School of Medicine.   To watch the full video recording of Professor Kaitin's Lecture, click here. 

Feb 11

1 hr 1 min

Today’s episode of The Marketplace of Ideas brings you a conversation between two of the leading minds in the academy on cost-benefit analysis. Caroline Cecot is an Assistant Professor of Law at Antonin Scalia Law School at George Mason University. She teaches administrative law, environmental law, and torts. Professor Cecot has published widely in leading journals, and is a co-author of the casebook Environmental Law and Policy, 4th Ed. (Foundation Press, 2019). Prior to joining the faculty, Professor Cecot was a Postdoctoral Research Scholar in Law and Economics at Vanderbilt Law School and clerked for the Honorable Raymond J. Lohier, Jr., of the United States Court of Appeals for the Second Circuit. She was also a Legal Fellow at the Institute for Policy Integrity at New York University School of Law. Professor Cecot is an affiliated scholar at the Atlantic Council, the C. Boyden Gray Center for the Study of the Administrative State, the Institute for Policy Integrity, and the Technology Policy Institute. She also regularly serves as an instructor in Law & Economics Center educational programming. She currently serves on the US Environmental Protection Agency Science Advisory Board’s Economic Guidelines Review Panel. Professor Cecot earned an AB degree, magna cum laude, in economics from Harvard College, a JD from Vanderbilt Law School, and a PhD in law and economics from Vanderbilt University. During her graduate studies, she received the Robert F. Jackson Prize and the Archie B. Martin Memorial Prize for her grades; and she was elected to Order of the Coif. Click here to read Professor Cecot’s recent article, and the focal point for today’s episode, on “Deregulatory Cost-Benefit Analysis and Regulatory Stability.”   Michael A. Livermore is the Edward F. Howrey Professor of Law at the University of Virginia School of Law. He teaches environmental law, administrative law, regulatory law and policy, and advanced seminars on these topics. Professor Livermore is a leading expert on the use of cost-benefit analysis to evaluate regulation, and has published widely in leading journals. He is the co-author of Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health (Oxford University Press, 2020) and Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008).  He is also the co-editor of The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013). Prior to joining the faculty, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law. Livermore earned his JD magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law's Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the US Court of Appeals for the DC Circuit. Professor Livermore is also Professor Livermore is a public member of the Administrative Conference of the United States. Click here to read Professor Livermore’s new book with Richard L. Revesz on “Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health.”   Links Caroline Cecot, Deregulatory Cost-Benefit Analysis and Regulatory Stability, 68 Duke L.J. 1593 (2019), https://scholarship.law.duke.edu/dlj/vol68/iss8/2 Michael A. Livermore and Richard L. Revesz, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health, Oxford University Press (2020), https://oxford.universitypressscholarship.com/view/10.1093/oso/9780197539446.001.0001/oso-9780197539446

Jan 21

51 min 7 sec

Listen in to the twelfth panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: John H. Beisner, Partner, Skadden, Arps, Slate, Meagher & Flom LLP Robert S. Peck, Founder and President, Center for Constitutional Litigation Kalpana Srinivasan, Managing Partner, Susman Godfrey LLP  Moderator: Sarah E. Pitlyk, Judge, US District Court for the Eastern District of Missouri

Jan 4

1 hr 11 min

Listen in to the eleventh panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: James C. Cooper, Associate Professor of Law and Director, Program on Economics & Privacy, George Mason University Antonin Scalia Law School Katherine E. Charonko, Partner, Bailey & Glasser LLP William C. MacLeod, Partner, Kelley Drye & Warren LLP Alastair Mactaggart, Board Chair and Founder, Californians for Consumer Privacy  Moderator: Jennifer Choe-Groves, Judge, US Court of International Trade

Jan 4

1 hr 13 min

Listen in to the tenth panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: Phil Goldberg, Managing Partner, Shook, Hardy & Bacon LLP Jonathan D. Orent, Partner, Motley Rice LLC Aimee H. Wagstaff, Partner, Andrus Wagstaff PC Rebecca K. Wood, Partner, Sidley Austin LLP Moderator: The Honorable Robert J. Colville, Judge, US District Court for the Western District of Pennsylvania

Jan 4

1 hr 16 min

Listen in to the ninth panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: Alex Dahl, Founder & CEO, Strategic Policy Counsel, PLLC David Faigman, Chancellor & Dean; John F. Digardi Distinguished Professor of Law, University of California Hastings College of Law, San Francisco Mark Spottswood, Associate Professor, Florida State University College of Law Melissa Whitney, Of Counsel, DLA Piper Moderator: Wendy Williams Berger, Judge, US District Court for the Middle District of Florida                                        

Jan 4

1 hr 14 min

In today’s episode of The Marketplace of Ideas, Donald Kochan sits down with Chris Slobogin, the Milton R. Underwood Chair in Law and Director of the Criminal Justice Program at Vanderbilt Law School, and Affiliate Professor of Psychiatry at Vanderbilt School of Medicine, to discuss Professor Slobogin’s recent monograph titled “A Primer on Risk Assessment: Instruments for Legal Decision-Makers.”   To read and download the primer, click here.  Chris Slobogin has authored more than 100 articles, books and chapters on topics relating to criminal law and procedure, mental health law and evidence. Named director of Vanderbilt Law School’s Criminal Justice Program in 2009, Professor Slobogin is one of the five most cited criminal law and procedure law professors in the country over the past five years, according to the Leiter Report, and one of the top fifty most cited law professors overall from 2005-2015, according to Hein Online. Particularly influential has been his work on the Fourth Amendment and technology and his writing on mental disability and criminal law, appearing in books published by the University of Chicago, Harvard University and Oxford University presses and in journals such as the Chicago Law Review, Georgetown Law Journal, Northwestern Law Review, Pennsylvania Law Review, Stanford Law Review and Virginia Law Review. Professor Slobogin has served as reporter for three American Bar Association task forces (on Law Enforcement and Technology; the Insanity Defense; and Mental Disability and the Death Penalty) and as chair of both the ABA’s task force charged with revising the Criminal Justice Mental Health Standards and the ABA’s Florida Assessment team for the Death Penalty Moratorium Implementation Project. He is currently an Associate Reporter for the American Law Institute's Principles of Police Investigation Project.  In recognition for his work in mental health law, in 2016 Professor Slobogin received both the American Board of Forensic Psychology's Distinguished Contribution Award and the American Psychology-Law Society’s Distinguished Contribution of Psychology and Law Award; only a total of five law professors have received either of these awards in their thirty-year history, and none has received both awards. Before joining Vanderbilt's law faculty, Professor Slobogin held the Stephen C. O'Connell chair at the University of Florida's Fredric G. Levin College of Law. Professor Slobogin holds a secondary appointment as a professor in the Vanderbilt School of Medicine's Department of Psychiatry. 

Dec 2020

50 min 54 sec

Listen in to the eighth panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: Ashley Keller, Partner, Keller Lenkner LLC Gretchen Lowe, Partner, Westfleet Advisors Rustin Silverstein, President & Founder, X Ante Quentin F. Urquhart Jr., Partner, Irwin Fritchie Urquhart & Moore LLC Moderator: Maryellen Noreika, Judge, US District Court for the District of Delaware  

Dec 2020

1 hr 11 min

Listen in to the seventh panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: Terry L. Anderson, John and Jean De Nault Senior Fellow, Hoover Institution, Stanford University Christopher E. Appel, Of Counsel, Shook, Hardy & Bacon LLP Matthew L.M. Fletcher, Professor of Law & Director of Indigenous Law & Policy Center, Michigan State University College of Law Carolyn Kuhl, Judge, Los Angeles County Superior Court Moderator: Trevor N. McFadden, Judge, US District Court for the District of Columbia

Dec 2020

1 hr 11 min

Listen in to the sixth panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: Lee Mickus, Partner, Evan Fears & Schuttert LLP Caitlin F. Saladrigas, Associate, Holland & Knight LLP Meghan R. McMeel, Partner, Riley Safer Holmes & Cancila LLP Moderator: Sabrina S. McKenna, Justice, Supreme Court of Hawaii

Dec 2020

1 hr 13 min

Listen in to the fifth panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: Eric Goldman, Professor of Law, Santa Clara University School of Law Jeremy K. Robinson, Partner, Casey Gerry Schenk Francavilla Blatt & Penfield LLP Jamie Susskind, Vice President of Policy and Regulatory Affairs, Consumer Technology Association Rachel Weintraub, Legislative Director and General Counsel, Consumer Federation of America Moderator: J. Campbell (“Cam”) Barker, Judge, US District Court for the Eastern District of Texas  

Dec 2020

1 hr 11 min

Listen in to the fourth panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: Betsy Grey, Jack E. Brown Chair of Law, Arizona State University Sandra Day O’Connor College of Law Timothy D. Lytton, Associate Dean for Research & Faculty Development; Distinguished University Professor & Professor of Law, Georgia State University College of Law Daniel B. Rodriguez, Harold Washington Professor of Law, Northwestern University Pritzker School of Law Cary Silverman, Partner, Shook, Hardy & Bacon LLP Moderator: Chad Readler, Judge, US Court of Appeals for the Sixth Circuit

Dec 2020

1 hr 9 min

Listen in to the third panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment. This panel discussion featured: Trevor S. Cox, Counsel, Hunton Andrews Kurth LLP John Culhane, Professor of Law and H. Albert Young Fellow in Constitutional Law, Widener University Delaware Law School Walter Olson, Senior Fellow, Robert A. Levy Center for Constitutional Studies, Cato Institute Moderator: David J. Porter, Judge, US Court of Appeals for the Third Circuit

Dec 2020

1 hr 9 min

Listen to today's episode of The Marketplace of Ideas to hear Robert Jerry, Floyd R. Gibson Missouri Endowed Professor Emeritus of Law at University of Missouri School of Law, and David Hyman, Scott K. Ginsburg Professor of Health Law & Policy at Georgetown University Law Center, discuss Professor Jerry's recent article on "COVID-19: Responsibility and Accountability in a World of Rationing" in the Journal of Law and the Biosciences.  Robert H. Jerry, II is the Floyd R. Gibson Missouri Endowed Professor of Law-Emeritus at the University of Missouri School of Law. From 1998 to 2003, he held the Floyd R. Gibson Missouri Endowed Professorship at the University of Missouri School of Law. From 2003 to 2014, he served as dean of the University of Florida Levin College of Law, where he also held the Levin Mabie and Levin Professorship (through 2015). He returned to MU Law as the Isidor Loeb Professor of Law in 2015, a position he held until his retirement on September 1, 2019 as the Gibson Missouri Endowed Professor-Emeritus. At the University of Missouri School of Law, he has been affiliated with the Center for Dispute Resolution as a Senior Fellow since 2003. As an emeritus faculty member, he maintains an active research agenda. He received his JD from the University of Michigan Law School, where he was a member of the Michigan Law Review, and his undergraduate degree from Indiana State University. Dr. David Hyman focuses his research and writing on the regulation and financing of health care. He teaches or has taught health care regulation, civil procedure, insurance, medical malpractice, law & economics, professional responsibility, and tax policy. He is the author of dozens of scholarly articles in leading legal and medical journals, and several books including Overcharged: Why Americans Pay Too Much For Health Care published by the Cato Institute in 2018 and co-authored with Charles Silver, and the Economics of Health Law published by Edward Elgar in 2016 and co-authored with Ronen Avraham and Charles Silver. Hyman received his BA, JD and MD from the University of Chicago. 

Dec 2020

55 min 20 sec