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Teleforum

Updated about 1 month ago

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Politics
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This series of podcasts features experts who analyze the latest developments in the legal and policy world. The podcasts are in the form of monologues, podcast debates or panel discussions and vary in length. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues.

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This series of podcasts features experts who analyze the latest developments in the legal and policy world. The podcasts are in the form of monologues, podcast debates or panel discussions and vary in length. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues.

iTunes Ratings

39 Ratings
Average Ratings
29
4
1
2
3

Quality of Audio

By Paul Bishop III - Mar 30 2020
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What kind of potato was this recorded on?

The best law podcast out there

By 1Lsudokufan - May 14 2019
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It’s impressive how FedSoc cranks out these teleforums on a weekly basis, covering a wide variety of topics with an array of speakers. I can almost never jump on a phone for the actual calls so I appreciate these podcasts. Fantastic series.

iTunes Ratings

39 Ratings
Average Ratings
29
4
1
2
3

Quality of Audio

By Paul Bishop III - Mar 30 2020
Read more
What kind of potato was this recorded on?

The best law podcast out there

By 1Lsudokufan - May 14 2019
Read more
It’s impressive how FedSoc cranks out these teleforums on a weekly basis, covering a wide variety of topics with an array of speakers. I can almost never jump on a phone for the actual calls so I appreciate these podcasts. Fantastic series.
Cover image of Teleforum

Teleforum

Latest release on Jun 30, 2020

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This series of podcasts features experts who analyze the latest developments in the legal and policy world. The podcasts are in the form of monologues, podcast debates or panel discussions and vary in length. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues.

Rank #1: Courthouse Steps: Masterpiece Cakeshop v. Colorado CRC Decided

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Masterpiece Cakeshop v. Colorado CRC, one of the most highly publicized of the term, was decided 7-2 in favor of the petitioner.
The facts of the case are as follows: two men, Charlie Craig and David Mullins, were planning their wedding and sought a wedding cake from Jack Phillips, the owner of Masterpiece Cakeshop. Phillips told the men that he could not make them a cake, citing his religious beliefs. The Colorado Civil Rights Commission determined that Phillips was discriminating against the couple on the basis of sexual orientation. Phillips was told to “cease and desist” such discrimination and was ordered to provide “remedial measures.” As a result, Phillips stopped offering custom cakes entirely.
The case deals with the balance of religious liberties and equality through anti-discriminatory laws. It also involves the Free Speech Clause, as Phillips considers his custom cakes art and himself an artist. Phillips and many others see the “cease and desist” as a form of compelled speech, since he would be legally obligated to create art with a message he does not support.
Dale Carpenter, Judge William Hawley Atwell Chair of Constitutional Law at the SMU Dedman School of Law and Kim Colby, Director at the Center for Law & Religious Freedom, Christian Legal Society, will join us to discuss this important decision.
Featuring:
Prof. Dale A. Carpenter, Judge William Hawley Atwell Chair of Constitutional Law; Professor of Law, SMU Dedman School of Law
Kim Colby, Director at the Center for Law & Religious Freedom, Christian Legal Society

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Jun 06 2018

1hr 15mins

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Rank #2: Ethics CLE Teleforum 2018: New Issue in Legal Ethics, ABA Model Rule 8.4(g)

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Professional Responsibility & Legal Education Practice Group Teleforum
CLE not offered if Teleforum listened to after the event is concluded.

Written Materials are accessible through the link included on your ticket
The Federalist Society offers a unique opportunity to acquire one hour’s worth of ethics CLE credit.
Our visiting expert in legal and judicial ethics will discuss a recent regulatory development in the field, with the purpose of translating this development into practical wisdom about the likely impact on the practice of law in 2018 and beyond:
In August 2016, the American Bar Association approved Model Rule of Professional Conduct 8.4(g). The new provision provides that it is misconduct for an attorney to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” Comment [4] explains that “conduct related to the practice of law . . . includes representing clients; interacting with witnesses, coworkers, court personnel, lawyers and others while engaged in the practice of law; operating or managing a law firm or law practice; and participating in bar association, business or social activities in connection with the practice of law.”
The Model Rules are just that — models, that do not apply in any jurisdiction. Now the project goes to the states, as state courts consider whether to adopt Rule 8.4(g).
To date, seven states have rejected the rule: Arizona, Illinois, Minnesota, Montana, Nevada, South Carolina, and Tennessee have rejected the proposal. The Attorneys General of four states have concluded that adopting the rule would violate the First Amendment: Louisiana, South Carolina, Tennessee, and Texas. Only Vermont has adopted the model rule in its entirety.
In this teleforum, Professor Josh Blackman of the South Texas College of Law Houston will discuss the constitutional issues surounding Model Rule 8.4(g). Specifically, he will address how the Supreme Court’s recent decision in National Institute of Family and Life Advocates v. Becerra (2018) calls into question the state bar’s ability to regulate attorney speech, and how it will affect attorneys in their practice of law throughout the next few years.
Professor Blackman will also give his insights on the rising relevance of social media in regards to the law, and what implications exist for practicing attorneys who use social media.
Featuring:

Prof. Josh Blackman, Associate Professor of Law, South Texas College of Law, Houston

Call begins at 1:55 p.m. Eastern Time.
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
Because we are offering CLE for this Teleforum, it is open to non-members as well. The Teleforum call-in number will be available with the CLE materials upon registration.
One hour of ethics CLE available in some jurisdictions pending approval*
$25 for CLE (Federalist Society members)$50 for CLE (non-Federalist Society members)
Charges apply ONLY to those seeking CLE credit.
Registration for CLE credit is required.Attendance must be verified during the presentation.No registration or fee is required if you are not seeking CLE credit.

*Please note CLE applications will be made in accordance with any states that are requested during registration up until the day of the Teleforum. CLE credit is not guaranteed, as the decision to accredit the course is made by each individual state bar, but all states that attorneys request will be applied to.
Additional CLE Instructions:

Please check your confirmation email for the link to the ticket, where there will be a drop box link to download all CLE Materials including the links for the online Certificate of Attendance, Evaluation Form, and the PDF Written Materials.
Call into the Teleforum number 1-888-752-3232 before 1:55 p.m. ET on Thursday, October 18.
A registration page link will be sent to you the afternoon of October 18. Please make sure to electronically sign in using this link at the beginning of the call, preferably within the first 5 minutes of the call.
Listen for the "Unique Program Codes" during the call and enter those codes on your Certificate of Attendance to verify your attendance.
Fill out your Certificate of Attendance and Evaluation Form that will be provided with your confirmation email, within 14 days of the conclusion of the program.

Oct 25 2018

1hr 1min

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Rank #3: The Future of Chevron Deference

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Skepticism of the Chevron doctrine has risen in recent years, with some commentators calling for the Court to overturn or Congress to repeal Chevron. The addition to the Supreme Court of Justice Neil Gorsuch -- a Chevron skeptic -- prompted much speculation about Chevron's future. The nomination of Judge Brett Kavanaugh -- another Chevron skeptic -- has only furthered that speculation. Our panel will discuss the future of the Chevron doctrine in light of these and other developments.
Featuring:
Professor Christopher Walker, Associate Professor of Law, The Ohio State University Moritz College of Law
Adam White, Director, Center for the Study of the Administrative State, Research Fellow, Hoover Institution
Moderator: Professor Jennifer L . Mascott, Professor of Law, Antonin Scalia Law School
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Oct 02 2018

1hr 1min

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Rank #4: Courthouse Steps: Masterpiece Cakeshop v. Colorado CRC

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On December 5th, The Supreme Court will hear oral arguments in Masterpiece Cakeshop v. Colorado CRC. The case, one of the most highly publicized of the term, involves questions of religious liberty, expressive acts, and compelled speech.
Two men, Charlie Craig and David Mullins, were planning their wedding and sought a wedding cake from Jack Phillips, the owner of Masterpiece Cakeshop. Phillips told the men that he could not make them a cake, citing his religious beliefs. The Colorado Civil Rights Commission determined that Phillips was discriminating against the couple on the basis of sexual orientation. Phillips was told to “cease and desist” such discrimination and was ordered to provide “remedial measures.” As a result, Phillips stopped offering custom cakes entirely.
The case deals with the balance of religious liberties and equality through anti-discriminatory laws. It also involves the Free Speech Clause, as Phillips considers his custom cakes art and himself an artist. Phillips and many others see the “cease and desist” as a form of compelled speech, since he would be legally obligated to create art with a message he does not support.
Kim Colby, Director at the Center for Law & Religious Freedom at the Christian Legal Society, will attend oral argument and join us to discuss her impressions.

Featuring:
Kim Colby, Director, Center for Law & Religious Freedom, Christian Legal Society

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Dec 05 2017

1hr 6mins

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Rank #5: Social Media Content Control

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In two recently filed lawsuits conservative organizations have complained that Google has restricted their access to readers. Gab, which provides its own site for conservative and alt right voices, complained when Google refused to include Gab’s app in its app store. Per Gab, Google’s true reason for this was to stymie Gab’s competition with Google’s business partner Twitter, violating the antitrust laws. Prager University complained that Google and YouTube unlawfully censored its educational videos by restricting their availability to younger viewers. Prager asserts that its videos are fully appropriate for younger viewers and that Google/YouTube’s real objection is to their admittedly conservative point of view. PragerU’s counsel, former California governor Pete Wilson, asserts that this “is speech discrimination plain and simple, censorship based entirely on unspecified ideological objection to the message or on the perceived identity and political viewpoint of the speaker” and thus violates both the First Amendment and California law.
At the same time Google and Facebook assert they are free to run their private businesses as they deem appropriate. They also face intensive pressure from American politicians and foreign governments to moderate their platforms. Facebook and Google were called before a committee of the House of Representatives, which assailed them for doing too little about “fake news” on their sites. In Germany, Facebook was recently compelled to remove a post critical of Islamic migrants.
This Teleforum will consider the obligations, if any, that American law, including the antitrust laws and the First Amendment, place on popular social media outlets. It will consider whether they can, or can be required to, restrict online content that some deem objectionable.

Featuring:

Prof. Thomas C. Arthur, L. Q. C. Lamar Professor of Law, Emory University School of Law

Prof. Eric Goldman, Professor of Law, Santa Clara University School of Law, Co-Director, High Tech Law Institute & Supervisor, Privacy Law Certificate
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Jan 22 2018

1hr 7mins

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Rank #6: The Campus Rape Frenzy: The Attack on Due Process at America's Universities by Professor KC Johnson and Stuart Taylor

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In recent years, our nation’s college campuses have been portrayed as awash in a violent crime wave—and university leaders, professors, and students as indifferent to female sexual assault victims in their midst. In their recently published book, The Campus Rape Frenzy: The Attack on Due Process at America's Universities, authors Professor KC Johnson and Stuart Taylor examine these assertions in detail. The book presents evidence to the contrary and argues that these claims do not have any bearing in reality. -- New York Law School Professor Nadine Strossen joined us to moderate an illuminating discussion with the authors. -- Featuring: Professor KC Johnson, Professor of History at Brooklyn College and the CUNY Graduate Center and Stuart Taylor, Washington writer, lawyer, and National Journal contributing editor. Moderator: Professor Nadine Strossen, John Marshall Harlan II Professor of Law, New York Law School.

Feb 03 2017

58mins

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Rank #7: Sanctuary Cities

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In 2015, 32-year old Kate Steinle was shot in San Francisco by an Illegal Immigrant. The immigrant was previously deported five times and had seven prior felony convictions. This incident, along with additional stories of criminal behavior by illegal aliens, drew national attention to the issue of sanctuary cities.The Center for Immigration Studies defines sanctuary cities as localities which, by statute or action, seek to shield information regarding illegal aliens from Immigration and Customs Enforcement (ICE). Sanctuary counties, however, vastly outnumber sanctuary cities, and seven states have adopted statewide sanctuary policies. As of 2017, undocumented immigrants were estimated to number about 12.5 million, with the largest populations of such immigrants in California, Florida, New York, and Texas. Of the illegal immigrants arrested by ICE in 2017, 74% had criminal histories and 16% faced criminal charges. In light of the data, concerns arise that sanctuary cities, by withholding information from ICE, protect illegal aliens who are also dangerous criminals from deportation and thereby pose national security risks.
Furthermore, 8 U.S.C. § 1373 prohibits state and local governments or officials from inhibiting the flow of information regarding immigrants to ICE. Seeking to enforce §1373, President Trump in 2017 issued an executive order conditioning federal grants to states and municipalities upon cooperation with Immigration and Customs Enforcement (ICE). Subsequent legal challenges brought by cities such as Chicago and Philadelphia have successfully blocked the order’s enforcement, citing the Constitution’s requirement that Congress must approve any new conditions on federal funding. State and local governments, however, have also launched their own anti-sanctuary initiatives. Tennessee, for instance, banned sanctuary cities in May of this year, following Texas, whose law mandating full local cooperation with federal immigration enforcement was upheld by the Fifth Circuit, and numerous municipalities in California have declared opposition to their state’s sanctuary policies. California’s sanctuary laws have also been challenged in a lawsuit brought by the United States, which claims that these laws violate the Supremacy Clause of the U.S. Constitution.
Featuring:
William A. Stock, Partner, Klasko Immigration Law Partners, LLP
Christopher Hajek, Director of Litigation, Immigration Reform Law Institute
Moderator: Brian Fish, Special Assistant, United States Attorney, Baltimore, Maryland
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Aug 03 2018

58mins

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Rank #8: Presidential Use of Emergency Power

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There has been much in the news lately concerning the President's use of emergency power to shift budgeted funds from one purpose to another, namely, construction of a barrier along the southern border of the U.S. Does the President have inherent constitutional authority to declare an emergency and move the funds? Has Congress otherwise given the President statutory authority to do so, and, if so, has that authority been granted constitutionally? These and other questions will be debated on our Teleforum conference call.
Featuring:
Professor John C. Yoo, Emanuel Heller Professor of Law and Director of the Korea Law Center, the California Constitution Center, and Public Law and Policy Program, University of California at Berkeley School of Law
David A. French, Senior Fellow, National Review Institute, and Senior Writer, National Review

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Feb 04 2019

50mins

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Rank #9: Preview: Trump v. Hawaii

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On April 25, the Supreme Court will hear oral argument in Trump v. Hawaii, the latest iteration of Hawaii’s challenge to President Trump’s Executive Order suspending immigrant and nonimmigrant entry into the country by citizens of specific countries. While the original order banned entry of citizens from seven majority Muslim countries, it was superseded by the current order which affects citizens from other countries as well, such as Chad, North Korea and Venezuela. Ilya Somin and Josh Blackman will join us to preview the case.
Featuring:

Prof. Josh Blackman, Associate Professor of Law, South Texas College of Law, Houston
Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Apr 18 2018

59mins

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Rank #10: Courthouse Steps Decision: Weyerhaeuser v. United States Fish & Wildlife Service

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Edward Poitevent’s family has owned timber-rich land in Louisiana since Reconstruction. In the 1990s, Weyerhaeuser Company acquired a lease of the Poitevent property for its timber operations, and Weyerhaeuser also purchased a small piece of the land.
But, in 2012, under cover of the Endangered Species Act, the U.S. Fish and Wildlife Service designated more than 1,500 acres of this property owned by the Poitevent family and Weyerhaeuser a “critical habitat” for the endangered dusky gopher frog. That designation jeopardized development plans for the property that had been in place for years. In the landowners’ view, the designation amounted to a de facto uncompensated taking of the property for the frog
Moreover, no one in the state of Louisiana had spotted the frog in 50 years, and the frog would not survive on the property if it was moved to Louisiana. The only place the frog is found today is nearly 70 miles away from the property—in Mississippi. By locking down land on behalf of a frog that doesn’t - and cannot - live there because of the conditions of the property, the federal government - by its own admission - took an estimated $34 million in economic activity away from the Poitevents and Weyerhaeuser.
On November 27, 2018, the Supreme Court of the United States unanimously ruled that the Fish & Wildlife Service must show that “critical habitat” for an endangered species must in fact be habitat for a species before it can be designated as such. Moreover, in an important administrative law decision, the Court also held that the agency’s decision not to exclude the Poitevent and Weyerhaeuser property from the designation - despite the severe economic impact of the designation to the land owners - was judicially reviewable under the APA. The case is now remanded to the Fifth Circuit for it to consider anew in light of the High Court’s unanimous decision.
Featuring:
Mark Miller, Senior Attorney, Pacific Legal Foundation

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Nov 30 2018

50mins

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Rank #11: The President's Impeachment

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In December 2019, the United States House of Representatives voted to impeach President Donald Trump. This is the third impeachment of a sitting U.S. President after Johnson and Clinton. As a part of their continuing conversation series, we are excited to host John Malcolm and John Yoo to discuss the vote, Trump’s letter, possible Senate trial rules, comparisons to the historic meaning of impeachment, and more.

Featuring:
-- John G. Malcolm, Vice President, Institute for Constitutional Government, Director of the Meese Center for Legal & Judicial Studies and Senior Legal Fellow, The Heritage Foundation
-- Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley School of Law

Dec 20 2019

1hr 1min

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Rank #12: Courthouse Steps Oral Argument: Kisor v. Wilkie

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On the morning of March 27, the Supreme Court will hear oral argument in Kisor v. Wilkie. The Supreme Court granted certiorari in Kisor to decide whether to overrule Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 452 (1997). Seminole Rock and Auer are often cited for the proposition that when an administrative agency promulgates a regulation and the regulation is ambiguous, a reviewing court must give “controlling weight” to the agency’s interpretation of the regulation unless the interpretation is plainly erroneous or is inconsistent with the regulation. A number of the Court’s members have cast doubt on the soundness of the Seminole Rock/Auer deference doctrine in recent years. Many observers believe that the doctrine’s days are numbered.
Importantly, the United States filed a merits brief in Kisor that forcefully criticized Auer/Seminole Rock deference, yet argued that the Court should not overrule Auer and Seminole Rock “in their entirety.” The brief foreshadows what will likely be a memorable oral argument, featuring Paul Hughes of Mayer Brown LLP and Solicitor General Noel Francisco. Hughes represents James Kisor, the Vietnam War veteran who is the petitioner in the case. Kisor is challenging a decision of the Department of Veterans Affairs (VA) that denied Kisor’s request for retroactive disability benefits connected to his wartime service. Francisco will be defending the VA’s decision.
Karen Harned, Andrew Varcoe, and moderator Stephen Vaden will join us on the afternoon of March 27 to discuss that morning’s oral argument in Kisor and its potential implications -- including the implications, if any, for the Chevron deference doctrine that applies to agency interpretations of statutory provisions (set forth in Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984)). Harned and Varcoe will have attended the oral argument that morning and will be sharing their observations about it.
Featuring:
Karen Harned, Executive Director, NFIB Small Business Legal Center
Andrew Varcoe, Partner, Boyden Gray & Associates
Moderator: Stephen Vaden, General Counsel, United States Department of Agriculture

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Mar 28 2019

51mins

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Rank #13: Hively v. Ivy Tech Community College

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On April 4, 2017, the Seventh Circuit handed down a divided en banc opinion in Hively v. Ivy Tech Community College, opening a circuit split on how to interpret Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on "race, color, religion, sex, or national origin[.]" In Hively, the Seventh Circuit became the first Court of Appeals to hold that sex discrimination encompasses discrimination based on sexual orientation. It held that plaintiff Kimberly Hively could pursue a claim against her former employer, Ivy Tech Community College, for her firing, which she claimed was motivated by her sexual orientation. In doing so, the court opened a split with the Eleventh Circuit, which had held just a few months earlier that employer decisions based on sexual orientation were not discrimination prohibited by Title VII. In addition to paving the way for a potential Supreme Court case to resolve the issue, the Seventh Circuit's decision includes an array of opinions demonstrating different methods of statutory interpretation. -- Featuring: Kenneth A. Klukowski, General Counsel, American Civil Rights Union and Prof. Anthony Michael Kreis, Visiting Assistant Professor of Law, Chicago-Kent College of Law.

Jun 02 2017

57mins

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Rank #14: Courthouse Steps Decision: McCoy v. Louisiana

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May 17 2018

31mins

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Rank #15: The Right to Bear Arms

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Does the Second Amendment “right of the people” to “bear arms” protect an individual right to carry handguns outside of the home for lawful purposes, or may government officials decide who has a “good reason” to do so? After Heller held that the Second Amendment’s right to keep and bear arms guarantees a right to keep handguns in the home and McDonald incorporated that fundamental constitutional right against the states, the circuit courts have split over whether discretionary “may issue” carry licensing regimes are permissible. How might the Supreme Court resolve the current New York City case regarding transport of handguns outside of the home, and what are the potential implications for the hotly-debated question whether the right to carry applies generally to the law-abiding public? And in the wake of the Coronavirus shutdowns, should gun shops be considered “necessary businesses,” so that citizens who so choose may acquire a gun to protect their families?

Featuring:
-- Stephen Halbrook, author of The Founders’ Second Amendment and Senior Fellow, Independent Institute
-- Moderator: Mark Smith, Presidential Scholar and Senior Fellow in Law and Public Policy, The King’s College in New York City

Apr 08 2020

1hr

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Rank #16: The Limits of Political Redistricting: Gill v. Whitford

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Partisan disputes over the drawing of legislative districts are as old as the Republic itself. In recent years, these disputes have not been limited to the political realm. Ever since the Supreme Court's 1986 opinion in Davis v. Bandemer, litigants have raised challenges in federal courts over partisan gerrymandering. But lower courts have lacked guidance from the Supreme Court and struggled to identify the appropriate standards and evidence to use. In October, the Supreme Court heard Gill v. Whitford, an appeal of a lower court finding that Wisconsin's redistricting of its state legislature was an impermissible partisan gerrymander. What standards should courts apply when determining whether a partisan gerrymander is impermissible? What evidence should courts rely upon? Should courts even consider such challenges at all or leave the matter to the political process?
Featuring:
Prof. Nicholas Stephanopoulos, Professor of Law, Herbert and Marjorie Fried Research Scholar, University of Chicago Law School
Mr. Kevin St. John, Partner, Bell Giftos St. John LLC

Oct 10 2017

59mins

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Rank #17: 20 State Lawsuit Challenging Obamacare's Constitutionality

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Recently, 20 States, led by Attorney General Ken Paxton of Texas and Attorney General Brad Schimel of Wisconsin, filed a lawsuit challenging the constitutionality of Obamacare based upon Chief Justice John Robert's reasoning in NFIB. The Chief Justice had reasoned that Obamacare's individual mandate is only constitutional because it can be read together with a related tax penalty provision as a single tax. In the recent tax reform law, Congress eliminated the tax penalty, but left the individual mandate in place. Misha Tseytlin, Solicitor General of Wisconsin, explains the States' argument that this change in law renders the individual mandate unconstitutional under the Chief Justice's reasoning and that other portions of the law are inseverable from the mandate. Professor Jonathan Adler explains why he is skeptical of the state AGs' claims and identify potential obstacles to this suit's success.
Featuring:
Prof. Jonathan Adler, Johan Verheij Memorial Professor of Law and Director of the Center for Business Law & Regulation, Case Western Reserve University School of Law
Misha Tseytlin, Solicitor General for the State of Wisconsin
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Mar 26 2018

59mins

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Rank #18: Disparate Impact in School Discipline

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The Obama administration was aggressive in its use of the “disparate impact” approach to civil-rights enforcement, which holds that policies that have a different statistical result for various demographic groups are illegally discriminatory even if they are neutral by their terms, in their intent, and in their application. One example is in the school discipline area, where the administration’s Department of Education sent a “Dear Colleague” letter to state and local education officials, warning that this approach would be vigorously applied in K-12 schools receiving federal money and thus subject to the nondiscrimination provisions of Title VI of the 1964 Civil Rights Act.

Critics claim that this has resulted in students not being disciplined who should be, with the resulting disruption meaning that many students — and disproportionately poor and minority students — now have worse learning environments and that some teachers are being put at physical risk. Proponents of the policy claim it is necessary to protect the disciplined.

Jason Riley of the Manhattan Institute has recently written on this topic in his Wall Street Journal column, and Roger Clegg of the Center for Equal Opportunity has worked on this issue for the Federalist Society’s Regulatory Transparency Project. Both experts will join us to discuss this important topic.

Featuring:
Roger B. Clegg, President and General Counsel, Center for Equal Opportunity
Jason Riley, Senior Fellow, Manhattan Institute; Columnist, The Wall Street Journal; Author: False Black Power?

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Dec 26 2017

1hr 2mins

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Rank #19: UPDATE: Release of the Nunes Memorandum

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On Friday, February 2, President Trump agreed to release a memo written by the House Intelligence Committee about FBI surveillance activity of the members of the Trump campaign that occurred before the President took office. Those opposed to the release of the Nunes Memo, named for the Representative whose aids drafted the memo, argue that the release goes against intelligence protocol and is being utilized by Republicans to distract from the investigation in Russian interference in the 2016 election. Proponents of the release argue that it should be public to show the American people the actions of the FBI preceding the election. David Rivkin joins us to discuss the memo release and its possible effects.
Featuring:
David B. Rivkin Jr., Constitutional Lawyer and Former White House Counsel

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Feb 02 2018

1hr 1min

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Rank #20: Courthouse Steps: Murr v. Wisconsin Decided

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On June 23, the Supreme Court issued its opinion in Murr v. Wisconsin. This is a regulatory takings case which addressed the question: should two legally distinct but commonly owned contiguous parcels be combined, as described in Penn Central Transportation Company v. City of New York, for takings analysis purposes? -- In 1960 and 1963, the Murrs purchased two adjacent lots in St. Croix County, Wisconsin, each over an acre in size. In 1994 and 1995, the parents transferred the parcels to their children. These lots became nonconforming due to various setbacks imposed in the 1970s, but a grandfathering provision would have allowed independent and separate uses – but only if the lots were not owned by the same individuals. Seven years later, the children wanted to sell one of the two original lots and were denied permission to do so by the St. Croix County Board of Adjustment. The Murrs sued the state and county and claimed the county’s actions resulted in an uncompensated taking of their property. The trial court granted summary judgement to the state and county and the Court of Appeals of Wisconsin affirmed. -- James Burling, Vice President of Litigation at the Pacific Legal Foundation, joined us to discuss this interesting case and offer his thoughts following the decision. -- Featuring: James S. Burling, Vice President of Litigation, Pacific Legal Foundation.

Jun 28 2017

53mins

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Courthouse Steps Decision Teleforum: United States Forest Service v. Cowpasture River Preservation Association

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On June 15, 2020, the Supreme Court released its decision in the case of United States Forest Service v. Cowpasture River Preservation Association. By a vote of 7-2, the judgment of the U.S. Court of Appeals for the Fourth Circuit was reversed, and the case remanded. Per Justice Thomas's opinion for the Court: "We granted certiorari in these consolidated cases to decide whether the United States Forest Service has authority under the Mineral Leasing Act, 30 U. S. C. §181 et seq., to grant rights-of-way through lands within national forests traversed by the Appalachian Trail. 588 U. S. ___ (2019). We hold that the Mineral Leasing Act does grant the Forest Service that authority and therefore reverse the judgment of the Court of Appeals for the Fourth Circuit." Justice Thomas's majority opinion was joined by the Chief Justice and Justices Breyer, Alito, Gorsuch, and Kavanaugh in full, and by Justice Ginsburg as to all but Part III-B-2. Justice Sotomayor dissented, joined by Justice Kagan.
Featuring:
Hon. Paul D. Clement, Partner, Kirkland & Ellis LLP
Stephen A. Vaden, General Counsel, U.S. Department of Agriculture

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Jun 30 2020

1hr

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Courthouse Steps Decision Teleforum: Liu v. SEC

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On Monday, the Supreme Court released its decision in Liu v. SEC. By a vote of 8-1, the judgment of the U.S. Court of Appeals for the Ninth Circuit was vacated and the case remanded. Justice Sotomayor's majority opinion was joined by all other members of the Court except Justice Thomas, who dissented. Todd Braunstein will discuss the decision and offer commentary.
Featuring:
Todd F. Braunstein, General Counsel - International, Willis Towers Watson

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Jun 30 2020

31mins

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Business Interruption Insurance and Policy Exceptions for the COVID-19 Pandemic

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The outbreak of COVID-19 led to the closing of thousands of businesses across the country. Some businesses that were closed by state and local governments are now seeking business interruption coverage as a result. There currently are two common business interruption policy forms: gross earnings and business income. Most insurers are stating that there are policy exemptions for viruses and pandemics that prevent insured businesses from receiving business interruption coverage due to COVID-19. In response, there is legislation being crafted in several states that purports to override these policy exemptions for viruses. Is this type of legislation constitutional under Article I, Section 10, Clause of the United States’ Constitution? Professor Richard Epstein, Professor of Law at New York University, discusses these issues with us in this Federalist Society teleforum.

Featuring:
-- Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law

Jun 23 2020

57mins

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Courthouse Steps Decision Teleforum: Department of Homeland Security v. Regents of the University of California

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On June 18, 2020, the Supreme Court released its decision in the case of Department of Homeland Security v. Regents of the University of California. By a vote of 5-4, the judgment of the U.S. Court of Appeals for the Ninth Circuit (DHS v. Regents) was vacated in part and reversed in part, the judgment of the D.C. Circuit (Trump v. NAACP) was affirmed, and various orders of the Second Circuit (Wolf v. Vidal) were vacated, affirmed in part, or reversed in part. All the cases are remanded. The Chief Justice's opinion for the Court was joined by Justices Ginsburg, Breyer, and Kagan in full, and by Justice Sotomayor as to all but Part IV. Justice Sotomayor concurred in part, concurred in the judgment in part, and dissented in part. Justice Thomas concurred in the judgment in part and dissented in part, joined by Justices Alito and Gorsuch. Justices Alito and Kavanaugh also filed opinions concurring on the judgment in part and dissenting in part. Our expert selection of speakers will discuss the decision and implications for the future.

Featuring:
-- Dr. John C. Eastman, Henry Salvatori Professor of Law and Community Service and Director, Center for Constitutional Jurisprudence, Chapman University Fowler School of Law
-- Christopher Hajec, Director of Litigation, Immigration Reform Law Institute
-- Mario Loyola, Senior Fellow, Competitive Enterprise Institute
-- William A. Stock, Partner , Klasko Immigration Law Partners, LLP

Jun 22 2020

1hr 2mins

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Courthouse Steps Decision Teleforum: Title VII Cases

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By a vote of 6-3 in yesterday's decision in Bostock v. Clayton County (combined with Altitude Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes Inc.), the Supreme Court affirmed that the judgment of the U.S. Court of Appeals for the Eleventh Circuit was reversed, and the case remanded (and the judgments of the Second Circuit in Altitude Express and the Sixth Circuit in R.G. & G.R. Harris Funeral Homes are affirmed). Justice Gorsuch's majority opinion was joined by the Chief Justice and Justices Ginsburg, Breyer, Sotomayor, and Kagan. Justice Alito dissented, joined by Justices Thomas and Kavanaugh. Curt Levey joins us to discuss the decision and future implications.

Featuring:
-- Curt Levey, President, Committee for Justice

Jun 22 2020

1hr 6mins

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Book Review: Free to Move: Foot Voting, Migration, and Political Freedom

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Ballot box voting is often considered the essence of political freedom. But it has two major shortcomings: individual voters have little chance of making a difference, and they also face strong incentives to remain ignorant about the issues at stake. "Voting with your feet," however, avoids both of these pitfalls and offers a wider range of choices. In his new book Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press), Ilya Somin argues that broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world.

People can vote with their feet through international migration, by choosing where to live within a federal system, and by making decisions in the private sector. These three types of foot voting are rarely considered together, but Somin explains how they have important common virtues and can be mutually reinforcing. He contends that all forms of foot voting should be expanded and shows how both domestic constitutions and international law can be structured to increase opportunities for foot voting while mitigating possible downsides.

Somin addresses a variety of common objections to expanded migration rights, including claims that the "self-determination" of natives requires giving them the power to exclude migrants, and arguments that migration is likely to have harmful side effects, such as undermining political institutions, overburdening the welfare state, and increasing crime and terrorism. While these objections are usually directed at international migration, Somin explains how, if taken seriously, they would also justify severe restrictions on domestic freedom of movement. By making a systematic case for a more open world, Free to Move challenges conventional wisdom on both the left and the right.

Featuring:
-- Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University, and Author, Free to Move: Foot Voting, Migration, and Political Freedom
-- Moderator: Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law

Jun 18 2020

55mins

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World Politics After Brexit: A Conversation with Nigel Farage

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Nigel Farage has been campaigning for Britain’s withdrawal from the European Union since 1999, when he founded the UK Independence Party, which got more votes in the 2014 European elections than either the Labour or Conservative Parties. Farage then played a leading role as advocate for the “leave” side in the 2016 UK referendum on EU membership. He followed up by organizing a new Brexit Party to keep up pressure for full withdrawal in subsequent UK elections. Farage has been a frequent commentator on FOX NEWS and hosts his own program on British radio station LBC. In this Teleforum, Mr. Farage will address current developments in Britain and the EU but also talk about nationalist and populist trends in the U.S. and other countries.

Featuring:
-- Nigel Farage, Former Member of the European Parliament, South East England Constituency
-- Moderator: Prof. Jeremy A. Rabkin, Professor of Law, Antonin Scalia Law School, George Mason University

Jun 16 2020

57mins

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COVID-19 and Suing the Chinese Communist Party (CCP) and the Chinese Government?

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The first lawsuit against the Chinese government seeking damages for personal and property injuries was filed in the Southern District of Florida by the Berman Law group. The lawsuit was later amended to add the Chinese Communist Party (CCP) as a defendant. Other lawsuits have followed elsewhere in the country. The panelists will discuss whether the CCP enjoys sovereign immunity and whether the acts and omissions of the Chinese government fall within one or more exceptions to sovereign immunity as provided in the Foreign Sovereign Immunities Act.

Featuring:
-- Karen Lugo, Founder, Libertas-West Project
-- Hon. F. Scott Kieff, Fred C. Stevenson Research Professor, George Washington University Law School
-- Matthew T. Moore, Attorney, Berman Law Group
-- Tatiana Sainati, Associate, Wiley Rein LLP

Jun 15 2020

57mins

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The Antitrust "Failing Firm” Defense in the Wake of the COVID-19 Crisis

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Since 1930, the Supreme Court has recognized a failing firm defense to an otherwise unlawful merger under the U.S. antitrust laws. The three-part test to prove a failing firm defense generally is met when the company sought to be acquired is in danger of imminent failure, cannot reorganize successfully in bankruptcy, and has made unsuccessful good faith efforts to find alternative purchasers. In past economic crises, such as the 2008-2009 financial crisis, the U.S. antitrust agencies have not eased merger requirements or the standards governing the failing firm defense. Will this change with the COVID-19 pandemic shuttering countless businesses? Could we see litigated merger challenges brought by the U.S. antitrust agencies that turn on the three-part test to prove a failing firm defense?

Featuring:
-- Greg Eastman, Ph.D., Vice President, Cornerstone Research
-- George L. Paul, Partner, White & Case LLP
-- Moderator: Eric Grannon, Partner, White & Case LLP, and former Counsel to the AAG of the DOJ Antitrust Division

Jun 12 2020

55mins

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Lightning Strikes: A Successful Appeal in the Opioid MDL and Whether We Will See More Interlocutory Appeals in MDLs

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Earlier this year, the United States Court of Appeals for the Sixth Circuit did something almost unheard of: it took an appeal from an order entered by an MDL judge and reversed it. The order came from the Opioid MDL in the Northern District of Ohio, and the Sixth Circuit’s action raises the question whether appeals like this should be more common in MDL litigation—a question the federal civil rules committee is taking up right now. Please join us for a discussion of the Sixth Circuit’s decision and whether it bolsters or undermines the need for a rulemaking to facilitate appeals in MDL cases.

Featuring:
-- Robert Keeling, Partner, Sidley Austin LLP
-- Tim Pratt, Formerly General Counsel at Boston Scientific

Jun 11 2020

52mins

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Book Review: Marijuana Federalism: Uncle Sam and Mary Jane

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A majority of states have legalized the sale and possession of marijuana for medicinal purposes. Eleven states and the District of Columbia allow recreational use. Yet marijuana production, sale, and possession remain illegal under federal law. Is this federalism in action? Or a perversion of our federal system? Although the Supreme Court upheld the constitutionality of the federal prohibition on the distribution and possession of marijuana in Gonzales v. Raich, most enforcement of the nation's drug laws occurs at the state and local level. Even without routine enforcement, federal law creates distinct pressures on financial institutions, lawyers, among other constituencies. Should the federal government cede the field, and allow states to set marijuana policy? Or should the federal government seek to end these state-level experiments in marijuana policy reform. Discussing this topic will be Jonathan H. Adler, Johan Verheij Memorial Professor of Law at Case Western Reserve University and editor of the new book, Marijuana Federalism: Uncle Sam and Mary Jane, and Paul Larkin, John, Barbara, and Victoria Rumpel Senior Legal Research Fellow in the Meese Center for Legal and Judicial Studies at the Heritage Foundation.

Featuring:
-- Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law
-- Paul J. Larkin Jr., Senior Legal Research Fellow, Meese Center for Legal and Judicial Studies, Institute for Constitutional Government, The Heritage Foundation

Jun 11 2020

1hr 2mins

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Capital Conversations: Sonny Perdue, U.S. Secretary of Agriculture

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Secretary Perdue will discuss USDA’s response to the coronavirus pandemic including the stability of the food supply chain, President Trump’s invocation of the Defense Production Act regarding meatpacking facilities, and USDA’s deregulatory agenda with regard to biotechnology and beyond.

Featuring:
-- Hon. George Ervin "Sonny" Perdue III , U.S. Secretary of Agriculture

Jun 10 2020

30mins

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The Insurrection Act, Executive Authority, and More

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The Insurrection Act of 1807 empowers the President of the United States to deploy U.S. military and National Guard troops inside the United States in certain circumstances. But what are the limits of this Presidential power; does does the Insurrection Act narrow the powers granted to the President under the Constitution, or is it perfectly compatible with the Constitution? Who decides the precise scope of these powers? Can a governor or state legislature reject the offer for help or assertion of power?

Featuring:
-- John G. Malcolm, Vice President, Institute for Constitutional Government, Director of the Meese Center for Legal & Judicial Studies and Senior Legal Fellow, The Heritage Foundation
-- Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley School of Law

Jun 10 2020

58mins

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The End of Deference: How States Are Leading a (Sometimes Quiet) Revolution Against Administrative Deference Doctrines

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In the last few years there has been a lot of critical attention directed towards Chevron and Seminole Rock/Kisor deference. In Kisor the Supreme Court narrowed and clarified but ultimately retained the deference given to agency interpretations of their own regulations. But amidst this incremental reform at the federal level, there has been a much more dramatic anti-deference revolution at the state level. In the past twelve years, 10 states have rejected deference either judicially or by statute or constitutional amendment. And several other states seem poised to do the same thing. This teleforum analyzes the anti-deference revolution and whether and where it is likely to continue to spread.

Featuring:
-- Daniel Ortner, Attorney , Pacific Legal Foundation

Jun 08 2020

40mins

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The Chinese Government's Record of Human Rights: Marking the June 4th Anniversary of Tiananmen Square

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On June 4th, 1989, after several weeks of pro-democracy protests, the Chinese Communist Party (CCP) put down the challenge to its power. Now, with Hong Kong, the CCP has set in motion a process for ending pro-democracy protests and challenges to its power. This time, however, the CCP has arranged for China's legislative body to validate it's forthcoming action by passing a "security law."

Assistant Secretary of State for Democracy, Human Rights, and Labor, Robert Destro (on leave from the Catholic University Law faculty) will moderate a discussion on human rights and the rule of law in China. He will be joined by Professor Jerome Cohen of New York University Law School and Teng Biao, a former law professor, human rights lawyer, and political prisoner in China.

Featuring:
-- Dr. Teng Biao, Grove Human Rights Scholar, Hunter College
-- Prof. Jerome A. Cohen, Faculty Director Emeritus, New York University School of Law
-- Moderator: Robert A. Destro, Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor (DRL), U.S. Department of State

Jun 08 2020

1hr 23mins

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Just Compensation: A Suggestion or a Requirement?

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Can states unilaterally decide not to pay takings judgments? Some states think so. Louisiana and Florida have laws that say no takings judgment can be paid unless money is specially appropriated to do so—and then they never get around to appropriating the money to pay. These laws are currently being challenged in the Fifth Circuit and the Florida Supreme Court. Please join us for an interesting discussion of this litigation.

Featuring:
-- Robert McNamara, Senior Attorney, Institute for Justice
-- Daniel Woislaw, Attorney, Pacific Legal Foundation

Jun 08 2020

56mins

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British Turmoil After Brexit

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In December, 2019, the British people voted to return an historic Tory majority to Parliament with Boris Johnson as Prime Minister, paving the way for the UK to leave the EU on January 31, 2020, an historic rupture known as “Brexit," reminding politicians of all political persuasions that the British people meant what they had said in 2016, when they voted for Brexit by majority in a referendum. Along the way, a rattling of British constitutional norms tested the UK’s unwritten constitution in ways not seen, many argued, since the English Civil War and Glorious Revolution of the 17th century.

Amidst all of this, Britain’s shutdown in response to Covid-19 has shortened further her one year post-Brexit track to produce a free trade agreement with the EU and a much coveted one with the U.S., while reshaping government policy in ways that will determine whether Boris Johnson’s Disraelian vision of private-led economic growth, with government to fill remaining social gaps, can survive. And, while the Covid crisis has stolen attention, other serious post-Brexit challenges remain. Some threaten the integrity of the UK, with Scotland — whose people are overwhelmingly opposed to Brexit — using events to seek its own independence, and Northern Ireland, as divided as ever.

The combination of the UK’s withdrawal from Europe and a global pandemic have left a constitution sorely tested, a Tory Party sounding like Labor, a Labour Party in tatters, and a United Kingdom at risk of disunion. Join us as we sort it all out with our experts.

Featuring:
-- Prof. Alberto R. Coll, Director, Global Engagement; Vincent de Paul Professor of Law, DePaul University College of Law
--Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
-- Prof. Maimon Schwarzschild, Professor of Law, University of San Diego School of Law

Jun 05 2020

58mins

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Federal Liability Limitations for COVID-19 Exposure Claims

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What are the constitutional or other limits on Congressional authority to limit lawsuits that seek to hold businesses liable for COVID-19 exposure or other COVID-19-related claims? What identifiable federal interests are at stake? How do these interests interact with state police powers? These and other questions will be discussed on our Teleforum.

Featuring:
-- Mr. Michael A. Carvin, Partner, Jones Day

Jun 05 2020

31mins

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Capital Conversations: Brent J. McIntosh, Under Secretary, International Affairs, U.S. Department of the Treasury

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Join us as Brent J. McIntosh, Under Secretary for International Affairs at the U.S. Department of Treasury, discusses the priorities and work of his office before, during and after COVID-19.

Featuring:
-- Brent J. McIntosh, Under Secretary, International Affairs, U.S. Department of the Treasury

Jun 03 2020

53mins

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An Update on Patents and Antitrust

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Join us as our experts give an update on the intersection of patent and antitrust issues including, but not limited to, recent developments in standard essential patents, the pros and cons of patent counting, patent pools and whether current remedies for patent infringement suffice.

Featuring:
-- Hon. Makan Delrahim, Assistant Attorney General, Antitrust, United States Department of Justice
-- Hon. Andrei Iancu, Under Secretary of Commerce, Intellectual Property and Director, United States Patent and Trademark Office

Jun 03 2020

55mins

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iTunes Ratings

39 Ratings
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Quality of Audio

By Paul Bishop III - Mar 30 2020
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What kind of potato was this recorded on?

The best law podcast out there

By 1Lsudokufan - May 14 2019
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It’s impressive how FedSoc cranks out these teleforums on a weekly basis, covering a wide variety of topics with an array of speakers. I can almost never jump on a phone for the actual calls so I appreciate these podcasts. Fantastic series.