{"podcast":{"title":"Unwritten Law","slug":"unwritten-law-7233280","podcast_index_feed_id":7233280,"rss_url":"https://feeds.captivate.fm/unwritten-law/","website_url":"https://nclalegal.org/media/unwritten-law/","image_url":"https://artwork.captivate.fm/4e6a8de9-fe92-45b5-9f8f-906c310aa90c/8tfnSzWGybasy_xFa3_tP4Hx.jpg","author":"Mark Chenoweth & John Vecchione","episode_count":129,"summary":"Every day, unelected federal agencies make decisions that affect your job, your business, your speech, your property, and your constitutional rights—often without Congress ever voting on them. From the rules that govern small businesses to the regulations that shape everyday life, the modern administrative state reaches further than most Americans realize. On Unwritten Law, constitutional lawyers Mark Chenoweth and John Vecchione break down the biggest legal battles involving federal agencies, government overreach, and the Constitution. Each episode explores real cases challenging the expanding power of the administrative state, explaining how these disputes affect ordinary Americans, businesses, and the future of limited government. Whether the topic is the Supreme Court, free speech, property rights, due process, jury trials, executive power, or the separation of powers, Unwritten Law explains the legal issues behind today's biggest constitutional debates in clear, accessible language. You'll hear directly from the attorneys litigating landmark cases, as well as clients whose lives and livelihoods have been changed by unlawful government action. Produced by the New Civil Liberti…","last_synced_at":"2026-08-01T16:20:49.476532+00:00","page_url":"https://stenobird.com/podcast/unwritten-law-7233280"},"episode":{"title":"Disparate Impact and the Limits of Agency Power","slug":"disparate-impact-and-the-limits-of-agency-power","published_at":"2026-03-05T12:30:00+00:00","page_url":"https://stenobird.com/podcast/unwritten-law-7233280/disparate-impact-and-the-limits-of-agency-power","show_page_url":"https://stenobird.com/podcast/unwritten-law-7233280","url":"https://unwritten-law.captivate.fm/episode/disparate-impact-and-the-limits-of-agency-power","audio_url":"https://episodes.captivate.fm/episode/410acd11-a62d-4c91-acf9-227d5f2fb686.mp3","summary":"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 focuses on the controversial “disparate impact” liability rule in housing law and HUD’s effort to rescind it. The rule allows liability for housing practices that unintentionally affect one group more than another—even when there is no intent to discriminate. Caitlin explains how this doctrine emerged from a series of Supreme Court cases, beginning with Griggs v. Duke Power and later extending into the housing context through Texas Department of Housing and Community Affairs v. Inclusive Communities Project . The discussion explores how disparate impact liability shifted discrimination law away from intentional conduct and toward statistical outcomes. The episode also examines how agency interpretations and judicial deference helped expand this doctrine over time—and why recent Supreme Court decisions curtailing agency deference may put its legal foundations into question. Mark, John, and Caitlin discuss the implications of HUD rescinding the rule, why private lawsuits could still continue under the statute, and what a broader reevaluation of disparate impact liability could mean for housing, employment, lending, and other areas of federal regulation.","meta_description":"In this episode of Unwritten Law , NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione welcome Caitlin Moyna , Senior Litigation Co…","key_points":[],"chapters":[],"topics":[],"duration_seconds":1363,"processing_state":"not_requested","actions":[{"name":"request_transcript","method":"POST","url":"https://stenobird.com/v1/public/podcasts/unwritten-law-7233280/episodes/disparate-impact-and-the-limits-of-agency-power/transcription-requests","description":"Idempotently request low-priority transcript generation for this episode."},{"name":"read_markdown","method":"GET","url":"https://stenobird.com/podcast/unwritten-law-7233280/disparate-impact-and-the-limits-of-agency-power.md","description":"Read the agent-friendly Markdown representation of this episode resource."}]}}