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Joseph Diedrich on the Chevron & the Rational Basis Test

Season 1, Ep. 675

In this episode, Joseph S. Diedrich, an Associate at Husch Blackwell LLP, discusses his article "Separation, Supremacy, and the Unconstitutional Rational Basis Test," which will be published in the Villanova Law Review. Diedrich begins by explaining what the rational basis test is and where it came from. He argues that it violates the separation of powers, by absolving courts of the obligation to judge in certain cases. And he analogizes to the Chevron Doctrine to explain why that is a problem. Diedrich is on Twitter at @JSDiedrich.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

More Episodes

12/19/2020

University of Chicago Law Review Online Symposium, Episode 3: COVID-19 and Criminal Justice

Season 1, Ep. 672
In a special partnership withThe University of Chicago Law Review Onlineandthe Academy for Justice,Ipse Dixitbrings you a three part series on COVID-19 and Criminal Justice. Thissymposium of essays, hosted byThe University of Chicago Law Review Online, was organized by the Academy for Justice.The contributors include leaders of criminal justice and health law centers, and scholars of criminal legal systems, whose works discuss the intersection of Criminal Justice and the COVID-19 pandemic. Contributors includeValena E. Beety(ASU),Brandon L. GarrettwithDeniz AriturkandWilliam E. Crozier(Duke),Sharon Dolovich(UCLA),Maybell Romero(Northern Illinois),Pamela R. MetzgerwithGregory J. Guggenmos(SMU Deason Center),Barry Friedman(NYU) with Robin Tholin, andJennifer Oliva(Seton Hall).In November, the participants joined each other online to discuss their pieces withIpse Dixithost Maybell Romero, associate professor at Northern Illinois University College of Law. In this Episode 3 of the resulting three part series, Romero speaks with Deniz Ariturk and William Crozier about their piece coauthored with Brandon Garrett,Virtual Criminal Courts, and Pam Metzger and Greg Guggenmos about their piece,COVID-19 and the Ruralization of U.S. Criminal Court Systems.Ariturk is a researcher at the Duke Law Center for Science and Justice and the Duke Moral Attitudes and Decision Making Lab, and Crozier the Research Director at Duke’s Center for Science and Justice. Metzger is the inaugural Director of the Deason Criminal Justice Reform Center at SMU Dedman School of Law, and Guggenmos is as consulting statistician at Deason.Crozier is on Twitter at@WilliamCrozierIV, Metzger at Friedman at @ProfPamMetzger, and Romero at@MaybellRomero.