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Artwork for Unwritten Law
New Civil Liberties Alliance
Covid-19
CIGIE
Trump Administration
The Integrity Committee
Judge Pauline Newman
Due Process
Congress
Civil Liberties
Emergency Powers
Chevron Doctrine
Inspectors General
Homeland Security
NCLA
Bureaucracy
Simplified V. Trump
Supreme Court
Constitutional Law
Loper Bright Versus Raimondo
Relentless Versus Commerce

Unwritten Law is a podcast hosted by Mark Chenoweth and John Vecchione, brought to you by the New Civil Liberties Alliance (NCLA). This show dives deep into the world of unlawful administrative power, exposing how bureaucrats operate outside the bounds of written law through informal guidance, regulatory “dark matter,” and unconstitutional agency overreach.

PublishesTwice weeklyEpisodes92Foundeda year ago
Number of ListenersCategories
PoliticsGovernmentNews

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Artwork for Unwritten Law

Latest Episodes

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by NCLA Staff Attorney Andreia Trifoi to discuss a major Fourth Amendment case before the U.S. Supreme Court involving the use of geofence warrants.

Geofence w... more

In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione welcome Caitlin Moyna, Senior Litigation Counsel at the New Civil Liberties Alliance, to the podcast for the first time.

The conversation fo... more

In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA General Counsel Zhonette Brown to discuss a petition for certiorari asking the U.S. Supreme Court to take up a major separ... more

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione and NCLA President Mark Chenoweth are joined by Andy Morris to discuss the Supreme Court’s 6–3 decision rejecting the claim that the President has unilateral authority to... more

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Recent Guests

Caitlin Moyna
New senior litigation counsel at the New Civil Liberties Alliance
New Civil Liberties Alliance
Episode: Disparate Impact and the Limits of Agency Power
Zhonette Brown
NCLA General Counsel
New Civil Liberties Alliance (NCLA)
Episode: Can Congress Hand EPA the Power to Pick Winners?
Russ Ryan
Colleague and legal expert
Episode: Student Loan Pauses, Standing, and Lost Subsidies
Judge Nalbandian
Panel judge in the Sixth Circuit case
Episode: Student Loan Pauses, Standing, and Lost Subsidies
Judge Boggs
Panel judge in the Sixth Circuit case
Episode: Student Loan Pauses, Standing, and Lost Subsidies
Judge Mathis
Panel judge in the Sixth Circuit case
Episode: Student Loan Pauses, Standing, and Lost Subsidies
Margot Cleveland
Of Counsel at the New Civil Liberties Alliance
New Civil Liberties Alliance
Episode: The SEC’s Stock Surveillance and the Fourth Amendment
Peggy Little
Senior Litigation Counsel
NCLA
Episode: The SEC’s Massive Surveillance Database: Davidson, et al. v. Atkins
Andreia Trifoi
Legal professional and author of the initial brief in the case
Episode: Mass Surveillance by License Plate: The City of Marco Island Fourth Amendment Case

Hosts

Mark Chenoweth
Host of Unwritten Law
John Vecchione
Host of Unwritten Law

Chart Rankings

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Apple Podcasts
#185
Spain/Government

Talking Points

Recent interactions between the hosts and their guests.

Disparate Impact and the Limits of Agency Power
Q: And now in 2015, you have it in the HUD context. So what happens if HUD, and I assume someone's going to sue them for rescinding this rule?
The discussion suggests that even if HUD rescinds the rule, private actions under the statute could still proceed due to the Inclusive Communities decision, with HUD shifting enforcement toward intentional discrimination, and that litigation and re-evaluation of precedent are likely to follow.
Disparate Impact and the Limits of Agency Power
Q: So, what is the disparate impact liability rule? How does that interact with the Fair Housing Act? And sort of what's the significance of what HUD is trying to do?
Caitlin explains that disparate impact liability targets practices that negatively affect a protected group, even without discriminatory intent, within the housing context, and notes that HUD previously promulgated a rule to formalize this approach, which raised concerns about overreach and the balance between intent and impact.
Does SEC Disgorgement Require Investor Harm?
Q: What is the actual question presented in the Striptech case?
The actual question is whether disgorgement requires proof of a truly harmed investor, meaning an investor who has suffered a monetary loss.
When Agencies Hold the Keys: FTC Investigations and the Right to Go to Court
Q: What concerns you about the CIDs issued by the FTC?
The lack of judicial review and the broad nature of the demands raise significant constitutional issues.
Tariffs vs. Small Business—Simplified’s Battle Against Executive Power-Grab
Q: Emily, I wanted to get back to you since we have the benefit of you with us today and ask, so what are your, how are you reacting to these tariffs?
Emily discusses her company's efforts to explore alternative suppliers due to the impact of tariffs, emphasizing the complexity and risks involved.

Audience Metrics

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Frequently Asked Questions About Unwritten Law

What is Unwritten Law about and what kind of topics does it cover?

Focused on the intersections of law, governance, and civil liberties, this series explores significant legal cases and the implications of bureaucratic overreach within the administrative state. Episodes cover topics including constitutional rights, regulatory practices, and cases that challenge the boundaries of authority between government agencies and citizens. By critically analyzing landmark cases and recent developments, two informed hosts provide insightful commentary on how these legal frameworks impact individual freedoms and societal norms. This podcast is particularly notable for its emphasis on the accountability of public agencies and the protection of civil liberties, making it a valuable resource for individuals interested in... more

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1. GoodFellows: Conversations on Economics, History & Geopolitics
2. The Editors
3. Ruthless Podcast
4. Morning Wire
5. TRIGGERnometry

How many episodes of Unwritten Law are there?

Unwritten Law launched a year ago and published 92 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Unwritten Law?

Recent guests on Unwritten Law include:

1. Caitlin Moyna
2. Zhonette Brown
3. Russ Ryan
4. Judge Nalbandian
5. Judge Boggs
6. Judge Mathis
7. Margot Cleveland
8. Peggy Little

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