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Cost-Benefit Analysis and Regulatory Stability

The Marketplace of Ideas

Release Date: 01/21/2021

Implications for Louisiana Land Loss Lawsuits and Beyond: Analyzing SCOTUS Ruling in Chevron v. Plaquemines Parish show art Implications for Louisiana Land Loss Lawsuits and Beyond: Analyzing SCOTUS Ruling in Chevron v. Plaquemines Parish

The Marketplace of Ideas

Recorded on Tuesday, June 9, 2026 Background: On April 17, 2026, the U.S. Supreme Court issued an 8-0 decision in Chevron USA Incorporated, et al., Petitioners v. Plaquemines Parish, Louisiana, et al., holding that Chevron and other energy producers may remove Louisiana coastal damage actions from state court to federal court under the federal officer removal statute, 28 U.S.C Section 1442(a)(1), because the claims relate to oil production conducted under federal direction during World War II. The Court concluded that the statue’s term “relating to” has broad reach, covering even...

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Prediction Markets at the Crossroads: Innovation, Regulation, and Market Design show art Prediction Markets at the Crossroads: Innovation, Regulation, and Market Design

The Marketplace of Ideas

Recorded on Friday, May 29, 2026 Background: Prediction markets—only a few years ago relegated to academic discourse—are now in the news almost daily and at the center of a vibrant policy debate. Bringing together subject matter experts to examine this fast-moving legal landscape, this webinar explored how these markets operate and how they have evolved into platforms for trading on real-world outcomes. Panelists addressed key questions surrounding the boundaries between state and federal jurisdiction, the intersection of gaming law and derivatives regulation, market structure, consumer...

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The Marketplace of Ideas

Recorded on Wednesday, February 11, 2026 The past year has seen major shifts in privacy policy at both the FTC and in the states. Under the Trump administration, the FTC has abandoned some prior approaches while preserving others, creating a mix of change and continuity. At the same time, state lawmakers continue to move quickly on privacy and AI regulation. In this virtual webinar, our panelists broke down the key developments from the past year and looked ahead to what’s coming in 2026. Panelists: , Partner, Data, Privacy, and Cybersecurity, Wilson Sonsini Goodrich & Rosati ,...

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Louisiana Land Loss Lawsuits Head to SCOTUS: Examining the Underlying Claims in Chevron v. Plaquemines Parish and Related Cases show art Louisiana Land Loss Lawsuits Head to SCOTUS: Examining the Underlying Claims in Chevron v. Plaquemines Parish and Related Cases

The Marketplace of Ideas

Recorded on Tuesday, September 23, 2025 On June 16, 2025, the U.S. Supreme Court granted the petition for certiorari in , Nos. 23-30294, 23-30422, agreeing to decide during this October Term 2025 whether defendant energy producers are entitled to remove the cases filed in state courts to a federal forum to resolve the nature of their federal rights and immunities as federal contractors.  Background Since 2013, local Louisiana parishes have filed forty-three lawsuits alleging that energy company activities associated with energy production caused harm by, among other things,...

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The Marketplace of Ideas

Recorded Wednesday, September 24, 2025 Time Stamp of Cases Previewed (in Order of Discussion): (05:03): Berk v. Choy, No. 24-440 (15:32): Hain Celestial Grp. v. Palmquist, No. 24-724 (25:44): Chevron USA Inc. v. Plaquemines Par., No. 24-813 (43:50): Coney Island Auto Parts Unlimited v. Burton, No. 24-808 Q&A: (54:41)  Description: With the Supreme Court starting to hear cases for the upcoming year on October 6, a balanced panel of experts previewed some of the most interesting and potentially consequential cases for the coming year. The panelists focused on the civil justice-related...

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Delaware Disrupted (?): The Battle for Corporate America show art Delaware Disrupted (?): The Battle for Corporate America

The Marketplace of Ideas

Recorded on Friday, May 30, 2025 Delaware has long been the unrivaled home of American corporate law—but Senate Bill 21 may signal the start of a shift. This webinar examined the controversy surrounding SB 21 and what it reveals about deeper tensions in Delaware’s approach to corporate governance and litigation. Our panel of experts analyzed recent legislative moves and their potential consequences, and asked: Is Delaware’s dominance in jeopardy, and if so, who—or what—might come next? Panelists:  , Professor of Law and Director, John W. Glynn Jr. Law & Business Program,...

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What’s Next for the Antitrust Agencies with a New Administration? show art What’s Next for the Antitrust Agencies with a New Administration?

The Marketplace of Ideas

This discussion was Panel 4 of the 28th Annual George Mason Law Review Antitrust Symposium.  Moderator: , Assistant Professor; Director of Competition, Law & Economics Center, George Mason University Antonin Scalia Law School Panelists: , Senior Managing Director, Compass Lexecon; , The University of Chicago Booth School of Business , Partner, Arnold & Porter Kaye Scholer LLP , Vice President, Cornerstone Research

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Third Party Litigation Financing & Litigation Transparency Roundtable show art Third Party Litigation Financing & Litigation Transparency Roundtable

The Marketplace of Ideas

On Wednesday, March 26, the Law & Economics Center held a roundtable on Third Party Litigation Financing & Litigation Transparency, discussing transparency in our civil justice system, especially when it comes to third party litigation financing (TPLF)—an increasingly used and similarly scrutinized mechanism for financing lawsuits. Speakers included Moderator: , Judge, US District Court for the District of Columbia , Vice Dean of Intellectual Life and Associate Professor of Law, Seattle University School of Law , Founder & Executive Director, National...

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The Marketplace of Ideas

This discussion was Panel 2 of the 28th Annual George Mason Law Review Antitrust Symposium.  Moderator: , Director, Advanced Analytics Lab, Berkeley Research Group; Lecturer, Johns Hopkins University; Editor, American Bar Association; External Expert; Romanian National Council for Scientific Panelists: Mark Gray, Copyright Policy Counsel, OpenAI , H. Laddie Montague Jr. Chair in Law; Associate Dean for Research and Innovation; Director, Intellectual Property (IP) Law and Innovation Initiative, Pennsylvania State University Dickinson School of Law , Attorney, Bureau of...

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The Marketplace of Ideas

FTC Commissioner Melissa Holyoak joined Judge Douglas Ginsburg of the DC Circuit Court for a fireside chat.  This converation ended the 29th Annual George Mason Law Review Antitrust Symposium. 

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More Episodes

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