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Federalist Society Audio Podcast

Federalist Society Audio Podcast




The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. This podcast feed contains audio files of Federalist Society panel discussions, debates, addresses, and other events related to law and public policy.

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Address by Mike Lee 3-3-12

Author: The Federalist Society
30 2012 Apr, 23:28:00


2012 Annual Student Symposium
This audio was recorded on March 3, 2012

Mike S. LeeSenator Mike Lee of Utah delivered the Keynote Address at the Federalist Society's 2012 Annual Student Symposium at Stanford Law School on March 3, 2012. He was introduced by Ms. Barbara Smith, President of the Stanford Student Chapter.

Keynote Address
7:00-10:00 p.m.
Arrillaga Center for Sports and Recreation

  • Hon. Michael S. Lee, United States Senate
  • Introduction by: Ms. Barbara Smith, President, Stanford Student Chapter

Stanford Law School
Stanford, CA



Download File - 61.9 MB
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2012 Bator Award Presentation 3-3-12

Author: The Federalist Society
30 2012 Apr, 23:22:51


2012 Annual Student Symposium
This audio was recorded on March 3, 2012

Eugene KontorovichThe Paul M. Bator Award was established in 1989 in memory of Professor Paul M. Bator, a renowned scholar and teacher of federal courts and constitutional law. Professor Bator taught at Harvard Law School from 1959 to 1982 and from 1983 to 1985, and at the University of Chicago from 1985 until his untimely death in 1989. He also served as Principal Deputy Solicitor General in 1982 and 1983. The award is given annually to a young academic (under 40) who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact. This award is presented during the Federalist Society's Annual Student Symposium.

Bator Award Presentation
7:00-10:00 p.m.
Arrillaga Center for Sports and Recreation

  • Prof. Eugene Kontorovich, Northwestern University School of Law
  • Introduction by: Mr. Denny Ng, University of Chicago Law School Student Chapter

Stanford Law School
Stanford, CA



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The Constitutionality of the Affordable Care Act 3-3-12

Author: The Federalist Society
30 2012 Apr, 23:20:28


2012 Annual Student Symposium
This audio was recorded on March 3, 2012

The Constitutionality of the Affordable Care Act - Event Audio/Video

This debate will focus on the constitutionality of the Affordable Care Act. While specific attention will be given to administrative law issues, including the constitutionality of giving out compliance waivers and of medical expert boards, the discussion will be free-ranging and address all constitutional questions of interest. The Federalist Society's Student Division presented this debate at the 2012 Annual Student Symposium on March 3, 2012.

Debate: The Constitutionality of the Affordable Care Act
2:00 p.m. -3:30 p.m.
Cemex Auditorium

Debaters:

  • Prof. Randy Barnett, Georgetown University School of Law
  • Prof. Pamela Karlan, Stanford Law School
  • Moderator: Hon. Sandra Ikuta, U.S. Court of Appeals, Ninth Circuit
  • Introduction: Mr. Michael Reynolds, Co-Chair, 2012 Annual Student Symposium

Stanford Law School
Stanford, CA



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Perspectives on Executive Power: Czars, Libya, and Recent Developments 3-3-12

Author: The Federalist Society
30 2012 Apr, 23:18:26


2012 Annual Student Symposium
This audio was recorded on March 3, 2012

Perspectives on Executive Power: Czars, Libya, and Recent Developments - Event Audio/Video

This panel will address the role of Executive branch officials in making high-level policy decisions, and their relationship to Congress. This is particularly relevant in the context of two recent debates: can the President ignore congressional attempts to strip funding from high-level officials who are not confirmed by the Senate? Is the Obama administration’s use of “czars†constitutional? Moreover, what is the power of the Executive branch to start a war without any authorization from Congress? The Federalist Society's Student Division presented this panel at the 2012 Annual Student Symposium on March 3, 2012.

Panel 3: Perspectives on Executive Power: Czars, Libya, and Recent Developments
11:00 a.m.- 12:45 p.m.
Cemex Auditorium

Panelists:

  • Prof. Mariano-Florentino Cuéllar, Stanford Law School
  • Prof. John Harrison, University of Virginia Law School
  • Prof. Sandy Levinson, University of Texas Law School
  • Prof. John Yoo, Berkeley Law School
  • Moderator: Hon. Thomas Griffith, U.S. Court of Appeals, District of Columbia Circuit
  • Introduction: Mr. Ilan Wurman, Co-Chair, 2012 Annual Student Symposium

Stanford Law School
Stanford, CA



Download File - 114.8 MB
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Congress vs. Agencies: Balancing Checks and Efficiency: Gridlock, Organized Interests, and Regulatory Capture 3-3-12

Author: The Federalist Society
30 2012 Apr, 23:14:22


2012 Annual Student Symposium
This audio was recorded on March 3, 2012

Congress vs. Agencies: Balancing Checks and Efficiency: Gridlock, Organized Interests, and Regulatory Capture - Event Audio/Video

The administrative state is often defended as a necessary response to modern conditions that make governance through ordinary legislation virtually impossible. Is the administrative process in fact more efficient than legislation (and what is meant in this context by “efficientâ€)? Do any benefits from the administrative process come at the expense of other values? If the legislative process is subject to gridlock, is gridlock all bad? If capture or influence by interest groups is a problem, is it likely to be a worse problem in agency or legislative settings?

Does congressional abdication contribute to bureaucratic sclerosis, which makes it difficult to start and maintain businesses? Finally, what role do the Court's doctrines play at the intersection of these questions? Is Chevron deference to agencies good? Does the president's control make the administrative state better or worse? Do the Court's doctrines in Bowsher and Chadha give agencies too much power?

Panel 2: Congress vs. Agencies: Balancing Checks and Efficiency: Gridlock, Organized Interests, and Regulatory Capture
9:00 a.m.- 10:45 a.m.
Cemex Auditorium

Panelists:

  • Prof. David Engstrom, Stanford Law School
  • Hon. C. Boyden Gray, Former White House Counsel
  • Prof. Lisa Heinzerling, Georgetown University School of Law
  • Prof. Michael W. McConnell, Stanford Law School
  • Moderator: Hon. Lois Haight, Superior Court of California
  • Introduction: Mr. Michael Reynolds, Co-Chair, 2012 Annual Student Symposium

Stanford Law School
Stanford, CA



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Writing Law Review Articles 3-3-12

Author: The Federalist Society
30 2012 Apr, 23:11:47


2012 Annual Student Symposium
This audio was recorded on March 3, 2012

Eugene Volokh

On March 3, 2012, Prof. Eugene Volokh of UCLA School of Law delivered a lecture on "Writing Law Review Articles" at the 2012 Annual Student Symposium at Stanford Law School.

Writing Law Review Articles
8:00 a.m.- 9:00 a.m.
Cemex Auditorium

  • Prof. Eugene Volokh, UCLA School of Law

Stanford Law School
Stanford, CA



Download File - 55.0 MB
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How the Supreme Court Has Subverted the Constitution 4-3-12

Author: The Federalist Society
26 2012 Apr, 22:11:59


The Las Vegas Lawyers Chapter
The following audio was recorded on April 3, 2012.

Robert LevyThe Supreme Court has endorsed an exponential growth in federal government power, often at the expense of individual liberty. Essentially, the Court has rewritten the Constitution without input from or accountability to the people. Bob Levy will examine several of the most pernicious Supreme Court decisions of the modern era. In the process, he will untangle complex Court opinions and assess their implications for today's public policy debates. Bob will also contrast and compare liberal, conservative, and libertarian views of the Constitution. This event was hosted by the Las Vegas Lawyers Chapter on April 3, 2012.

Featuring:

  • Mr. Robert A. Levy, Chairman, Cato Institute
  • Introduction: Mr. Matthew D. Saltzman, Shareholder, Kolesar & Leatham and President, Las Vegas Lawyers Chapter

Fogo de Chao Churrascaria Restaurant
Las Vegas, NV



Download File - 71.5 MB
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Cybersecurity and Critical Infrastructure 4-5-12

Author: The Federalist Society
12 2012 Apr, 22:40:45


2012 National Security Symposium
The following audio was recorded on April 5, 2012.

Cybersecurity and Critical Infrastructure - Event Audio/VideoCybersecurity must address complicated and interconnected threats of cyberattacks on critical infrastructure sectors, cybertheft of personal data, cyberespionage, cyberwarfare and cyberterrorism. It raises challenging practical, legal and policy issues, including what proposals would be effective, the scope of regulatory authority, the nature of information sharing and liability protections, and the preservation of internet freedom and privacy. This panel was held during the 2012 National Security Symposium.

Panel Two: Cybersecurity and Critical Infrastructure
1:30 p.m. - 3:00 p.m.

  • Matthew J. Eggers, Senior Director, National Security and Emergency Preparedness, U.S. Chamber of Commerce
  • Sharon Bradford Franklin, Senior Counsel, The Constitution Project
  • Jamil N. Jaffer, Senior Counsel, House Permanent Select Committee on Intelligence
  • Michael Vatis, Partner, Steptoe & Johnson LLP and former Director, FBI National Infrastructure Protection Center
  • Moderator: Vincent J. Vitkowsky, Adjunct Fellow, Center for Law and Counterterrorism

Jones Day LLP
Washington, DC



Download File - 93.5 MB
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National Security After U.S. v. Jones 4-5-12

Author: The Federalist Society
12 2012 Apr, 22:38:28


2012 National Security Symposium
The following audio was recorded on April 5, 2012.

National Security After U.S. v. Jones - Event Audio/Video

Former Secretary of Homeland Security Michael Chertoff delivered an address on "National Security After U.S. v. Jones" at the 2012 National Security Symposium on April 5, 2012. He was introduced by Vincent J. Vitkowsky of the Center for Law and Counterterrorism.

Luncheon Address: "National Security After U.S. v. Jones"
12:00 p.m.

  • Hon. Michael Chertoff, Co-founder and Managing Principal, The Chertoff Group and former Secretary, Department of Homeland Security
  • Introduction: Vincent J. Vitkowsky, Adjunct Fellow, Center for Law and Counterterrorism

Jones Day LLP
Washington, DC



Download File - 71.1 MB
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Detention, Interrogation and Trial of Terrorist Suspects -- 10 Years Later 4-5-12

Author: The Federalist Society
12 2012 Apr, 22:36:12


2012 National Security Symposium
The following audio was recorded on April 5, 2012.

Detention, Interrogation and Trial of Terrorist Suspects – 10 Years Later - Event Audio/VideoThe legal ambiguities associated with the classification, interrogation and adjudication of al Qaeda members alleged to have committed war crimes continue to hamper the Obama administration’s national security policy. This confusion and the inconsistent application of laws to govern the conflict have exacerbated criticism of the U.S. approach to the war on al Qaeda. This panel will analyze, from myriad perspectives, U.S. policy and practice on these issues as we enter the second decade of the armed conflict.

Welcome and Introduction
9:55 a.m.

  • Vincent J. Vitkowsky, Adjunct Fellow, Center for Law and Counterterrorism

Panel One: Detention, Interrogation and Trial of Terrorist Suspects – 10 Years Later
10:10 a.m. - 11:45 a.m.

  • Prof. Nathan A. Sales, George Mason University School of Law
  • Charles D. “Cully†Stimson, former Deputy Assistant U.S. Secretary of Defense (Detainee Affairs) and Senior Legal Fellow, Heritage Foundation
  • Prof. Stephen I. Vladeck, American University Washington College of Law
  • Benjamin Wittes, Senior Fellow, Brookings Institution
  • Moderator: Prof. Glenn M. Sulmasy, U.S. Coast Guard Academy

Jones Day LLP
Washington, DC



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Voter Identification and the Right to Vote 2-29-12

Author: The Federalist Society
3 2012 Apr, 23:36:53


The Iowa Lawyers Chapter
The following audio was recorded on February 29, 2012.

Voter Identification and the Right to Vote - Event Audio/VideoIn recent years, states across the country have considered or implemented stricter voter identification requirements, including photo identification requirements. In 2008, the U.S. Supreme Court upheld Indiana's photo identification law from constitutional challenge in Crawford v. Marion County Election Board. In December 2010, the U.S. Department of Justice blocked South Carolina's photo identificationrequirement after concluding the law would significantly burden non-white voters. These debates are taking place in Iowa as well, with multiple voter identification proposals advancing in the legislature in recent years, most recently with legislation enacting a photo identification requirement being proposed by Iowa Secretary of State Matt Schultz. Come hear from two diverse perspectives on the legal and policy implications of voter identification requirements in Iowa and around the nation.

Featuring:

  • Mr. Hans von Spakovsky, Senior Legal Fellow and Manager, Civil Justice Reform Initiative of The Heritage Foundation, and former Federal Election Commission Commissioner
  • Mr. Ben Stone, Executive Director, American Civil Liberties Union of Iowa
  • Moderator: Justice Edward Mansfield, Iowa Supreme Court
  • Introduction: Mr. Samual P. Langholz, State Public Defender of Iowa and President, Iowa Lawyers Chapter

Iowa State Bar Association Headquarters
Des Moines, IA



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Obamacare in the Supreme Court 3-20-12

Author: The Federalist Society
21 2012 Mar, 20:52:08


Federalism & Separation of Powers Practice Group
The following audio was recorded on March 20, 2012.

Obamacare in the Supreme CourtThe U.S. Supreme Court is now ready to hear oral argument in one of the most highly anticipated cases in the modern era, Florida v. U.S. Department of Health and Human Services, a consolidated series of challenges to the Patient Protection and Affordable Care Act. Our panel of experts will analyze the case and all issues before the Court, including discussion of the constitutionality of the individual mandate provision, severability, coercion and the Medicaid provision, and the implications of the Anti-Injunction Act. Please join us for what promises to be an important preview of these critical issues.

Featuring:

  • Prof. Randy E. Barnett, Georgetown University Law Center
  • Hon. Walter Dellinger, O'Melveny & Myers
  • Prof. Neal K. Katyal, Georgetown University Law Center
  • Mr. C. Kevin Marshall, Jones Day
  • Moderator: Mr. Stuart Taylor, Jr., Contributing Editor, National Journal and Nonresident Fellow, Brookings Institution

National Press Club
Washington, DC



Download File - 97.5 MB
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The Case for Right to Work Laws 3-2-12

Author: The Federalist Society
19 2012 Mar, 20:56:47


The Indianapolis Lawyers Chapter
The following audio was recorded on March 2, 2012.

The Case for Right to Work Laws - Event AudioOn March 2, 2012, the Indianapolis Lawyers Chapter of the Federalist Society hosted an event featuring Mr. Stanley Greer of the National Right to Work Committee. The topic of the address was "The Case for Right to Work Laws". Introduction by Mr. Brian J. Paul of Ice Miller LLP and President of the Indianapolis Lawyers Chapter.

Featuring:

  • Mr. Stanley T. Greer, National Right to Work Committee
  • Introduction: Mr. Brian J. Paul, Partner, Ice Miller LLP and President, Indianapolis Lawyers Chapter

Conrad Indianapolis
Indianapolis, IN



Download File - 41.2 MB
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Antitrust Enforcement as Regulation? 3-14-12

Author: The Federalist Society
19 2012 Mar, 18:00:20


Corporations, Securities, and Antitrust Practice Group
The following audio was recorded on March 14, 2012.

Antitrust Enforcement as Regulation? - Event Audio/VideoThe popular press is full of reports of a renewed vigor in parts of our antitrust enforcement regime that address the conduct of leading firms. Investigations have been started or rumored against any number of firms near or at the top of various parts of the technology sector, including Intel, Yahoo, Google, Apple, AT&T, IBM, Facebook, and others. Forbes reported that the number of antitrust cases filed by the Department of Justice rose by 50 percent in 2011. These suits can be costly to defend, and carry large potential fines. Consent decrees negotiated to end such litigation often provide detailed terms and conditions governing the manner in which industry players may and may not conduct business going forward. In this environment, has antitrust enforcement itself become a regulatory mechanism? If so, does it represent the best way to regulate dynamic industries? These and other questions will be addressed by our panel of experts.

Featuring:

  • Hon. Ronald A. Cass, President, Cass & Associates, PC
  • Hon. James Miller III, Senior Advisor, Husch Blackwell LLP, and former director of the U.S. Office of Management & Budget
  • Hon. Charles "Rick" Rule, Partner, Cadwalader Wickersham & Taft LLP
  • Mr. Robert A. Skitol, Partner, Drinker Biddle & Reath LLP
  • Moderator: Prof. F. Scott Kieff, George Washington University Law School

National Press Club
Washington, DC



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Is the Affordable Care Act Constitutional? 2-22-12

Author: The Federalist Society
6 2012 Mar, 00:46:08


Pennsylvania Student Chapter
The following audio was recorded on February 16, 2012.

Is the Affordable Care Act Constitutional? - Event Audio/VideoOn February 22, 2012, the University of Pennsylvania Student Chapter of the Federalist Society hosted this debate featuring Prof. Richard Epstein of New York University School of Law and Prof. Theodore Ruger of the University of Pennsylvania Law School.

Featuring:

  • Prof. Richard Epstein, New York University School of Law
  • Prof. Theodore Ruger, University of Pennsylvania Law School
  • Moderator: Hon. Anthony J. Scirica, U.S. Court of Appeals, Third Circuit
  • Introduction: Mr. Daniel Pollack, President, Pennsylvania Student Chapter

University of Pennsylvania Law School
Philadelphia, PA

 



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The Volcker Rule: Curbing Risk or Curbing the Economy? 2-16-12

Author: The Federalist Society
17 2012 Feb, 23:29:55


Financial Services & E-Commerce Practice Group and the American Bankers Associaton
The following audio was recorded on February 16, 2012.

Obama and VolckerWhen President Obama, with former Federal Reserve Board Chairman Paul Volcker at his side, announced his intention to seek legislation implementing the “Volcker Rule†he described it as necessary to reduce excessive risk taking by banks. Easier to describe than implement, the Volcker Rule, as incorporated in the Dodd-Frank Act, was envisioned to prohibit the use of insured deposits by commercial banks in their own trading in the markets (so-called “proprietary tradingâ€) or to support various types of investment funds. In practice, the proposed regulation is an incomplete first attempt to give life to the new rule, seeking public input on some 1,400 questions from the public in addition to input on the details of the proposed regulation. Advocates and critics of the rule will discuss the value of the rule itself as well as regulatory efforts to address the details of implementation. Proponents claim that it is necessary for future stability of the banking industry, while critics assert that it will not only harm the industry but industry customers as well.

Featuring:

  • Mr. Randall D. Guynn, Davis Polk & Wardwell LLP
  • Ms. Sarah "Sally" Miller, CEO, Institute of International Bankers
  • Ms. Coryann Stefansson, PricewaterhouseCoopers LLP
  • Mr. Mark E. Van Der Weide, Division of Banking Supervision and Regulation, Board of Governors of the Federal Reserve System
  • Moderator: Ms. Hester Pierce, Mercatus Center, George Mason University

National Press Club
Washington, DC



Download File - 87.0 MB
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Federalism and State Immigration Policy 1-28-12

Author: The Federalist Society
6 2012 Feb, 19:46:13


The Sixth Annual Western Conference
The following audio was recorded on January 28, 2012.

Federalism and State Immigration Policy - Event AudioArizona v. United States raises several cutting edge questions about federal preemption of state laws. These questions derive from Arizona’s “mirror image theory†of the case. That is, Arizona argues that its statutes are a mirror image of federal statutes, and therefore that no preemption problem exists. In arguing against that theory, the federal government has voiced what has been unflatteringly called “preemption by executive whim.†That is, that preemption can be created by federal executive branch enforcement (or, non-enforcement) priorities that essentially ignore enforcement of the statutes being mirrored. What do those competing claims mean in preemption analysis where, traditionally, courts have looked to the law as written/established, rather than as enforced?

Another big question here is whether a state may have specific policies where either (1) the federal government does not, or (2) the federal government is perceived to have failed in its policies. Arizona has expressly adopted a policy of “attrition through enforcement†in regard to illegal aliens. The federal government, on the other hand, has not ever adopted such a policy. As Ilya Shapiro put it, the national immigration system “is a remnant of various half-baked ‘reforms’ going back decades, it’s a schizophrenic set of laws that don’t advance any particular goal or mission.†Does a “policyless†federal system conflict with a state system that has a policy? Does it matter if that policy is “attrition through enforcement†or “sanctuary citiesâ€? Moreover, does the federal government’s “failure†to have a workable or actual policy free a state to derive its own policy, at least where that vacuum of federal power is seen as having specific negative effects on the state? This panel was featured at the Sixth Annual Western Conference on January 28, 2012.

Federalism and State Immigration Policy
2:15 p.m. - 4:00 p.m.

  • Prof. Gabriel “Jack†Chin, UC Davis School of Law
  • Prof. John Eastman, Chapman University School of Law
  • Mr. Joe Sciarrotta, General Counsel to Governor Jan Brewer, Arizona
  • Prof. Margaret Stock, Counsel, Lane Powell LLC
  • Moderator: Hon. Edwin Meese, The Heritage Foundation and former U.S. Attorney General
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

The Ronald Reagan Presidential Library
Simi Valley, CA



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A Conversation Between Judge Kozinski and Judge Reinhardt 1-28-12

Author: The Federalist Society
6 2012 Feb, 19:43:27


The Sixth Annual Western Conference
The following audio was recorded on January 28, 2012.

A Conversation Between Judge Kozinski and Judge Reinhardt - Event Audio

This discussion between Judge Alex Kozinski and Judge Stephen Reinhardt was featured at the Sixth Annual Western Conference on January 28, 2012.

A Conversation Between Judge Kozinski and Judge Reinhardt
12:00 Noon – 2:00 p.m.

  • Hon. Alex Kozinski, U.S. Court of Appeals, Ninth Circuit
  • Hon. Stephen Reinhardt, U.S. Court of Appeals, Ninth Circuit
  • Moderator: Mr. Eugene B. Meyer, President, The Federalist Society

The Ronald Reagan Presidential Library
Simi Valley, CA



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California in Crisis: Are People and Jobs Leaving for Better Pastures? 1-28-12

Author: The Federalist Society
3 2012 Feb, 22:52:04


The Sixth Annual Western Conference
The following audio was recorded on January 28, 2012.

California in Crisis: Are People and Jobs Leaving for Better Pastures? - Event Audio

Much has been written lately about companies’ unwillingness to invest or create new jobs in California. 2010 was the first census in which California did not add a member of Congress. Other states, including Texas, are seeing large influxes of new jobs and people. Some have suggested that California law (as passed by the legislature and as made by the courts) contributes to a negative business climate that discourages investment and job creation. This panel will look at California laws involving employment issues, tort liability, and environmental regulation and compare California’s approach to those of other states, including Texas to determine whether the law has become an impediment to job creation in California. This panel was featured at the Sixth Annual Western Conference on January 28, 2012.

California in Crisis: Are People and Jobs Leaving for Better Pastures?
10:15 a.m. - 12:00 Noon

  • Mr. William J. Emanuel, Shareholder, Littler Mendelson PC
  • Mr. Jed Kolko, Chief Economist and Head of Analytics, Trulia
  • Mr. H. Scott Leviant, Attorney, Spiro Moss LLP
  • Mr. David A. Schwarz, Partner, Irell & Manella LLP and Member, Little Hoover Commission
  • Ms. Kate Comerford Todd, Chief Counsel, Appellate Litigation, National Chamber Litigation Center
  • Moderator: Hon. Carlos T. Bea, U.S. Court of Appeals, Ninth Circuit
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

The Ronald Reagan Presidential Library
Simi Valley, CA



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The Case Against Indiana's Methods of Selecting Judges 1-10-12

Author: The Federalist Society
26 2012 Jan, 20:37:50


The Indianapolis Lawyers Chapter
The following audio was recorded on January 10, 2012.

Stephen J. WareOn January 10, 2012, the Indianapolis Lawyers Chapter of the Federalist Society hosted an event featuring Prof. Stephen J. Ware of the University of Kansas School of Law. The topic of the address was "The Case Against Indiana's Methods of Selecting Judges". Introduction by Mr. Brian J. Paul of Ice Miller LLP and President of the Indianapolis Lawyers Chapter.

Featuring:

  • Prof. Stephen J. Ware, University of Kansas School of Law
  • Introduction: Mr. Brian J. Paul, Partner, Ice Miller LLP and President, Indianapolis Lawyers Chapter

Conrad Indianapolis
Indianapolis, IN



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Judicial Ethics 1-6-12

Author: The Federalist Society
23 2012 Jan, 17:32:06


14th Annual Faculty Conference
The following audio was recorded on January 6, 2012.

Judicial Ethics - Event Audio/VideoThe Federalist Society's Facutly Division hosted this panel on "Judicial Ethics" on Friday, January 6, 2012, during the 14th Annual Faculty Conference.

Panel 3: Judicial Ethics
Location: Palladian Ballroom

  • Prof. Charles Geyh, Indiana University Maurer School of Law
  • Prof. Stephen Gillers, New York University School of Law
  • Hon. A. Raymond Randolph, U.S. Court of Appeals, District of Columbia Circuit
  • Prof. Ronald Rotunda, Chapman University School of Law
  • Moderator: Hon. Deanell Tacha, Pepperdine University School of Law

Omni Shoreham
Washington, DC



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The Alien Tort Statute, International Law, and the Judiciary 1-6-12

Author: The Federalist Society
23 2012 Jan, 17:30:39


14th Annual Faculty Conference
The following audio was recorded on January 6, 2012.

The Alien Tort Statute, International Law, and the Judiciary - Event Audio/VideoThe Federalist Society's Facutly Division hosted this panel on "The Alien Tort Statute, International Law, and the Judiciary" on Friday, January 6, 2012, during the 14th Annual Faculty Conference.

Luncheon Debate: The Alien Tort Statute, International Law, and the Judiciary
Co-sponsored by the American Society of International Law
Location: Diplomat Ballroom

  • Prof. Eugene Kontorovich, Northwestern University School of Law
  • Prof. Stephen Vladeck, American University Washington College of Law
  • Moderator: Ms. Elizabeth Andersen, Executive Director & Executive Vice President, American Society of International Law

Omni Shoreham
Washington, DC

 



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Young Legal Scholars Paper Presentations 1-6-12

Author: The Federalist Society
23 2012 Jan, 17:28:37


14th Annual Faculty Conference
The following audio was recorded on January 6, 2012.

Young Legal Scholars Paper Presentations - Event Audio/VideoOn January 6, 2012, at the 14th Annual Faculty Conference in Washington, DC, the Federalist Society provided an opportunity for young legal scholars to give presentations on papers they had recently authored followed by commentaries from Prof. Eugene Volokh of UCLA School of Law and Prof. Todd Henderson of the University of Chicago Law School.

Young Legal Scholars Paper Presentations
Location: Palladian Ballroom

  • Mr. William Baude, Stanford Constitutional Law Center, "Beyond DOMA"
  • Prof. Dan Markel, Florida State University College of Law, "Retributive Justice and the Demands of Democratic Citizenship"
  • Prof. Andrew Schwartz, University of Colorado Law School, "The Perpetual Corporation"
  • Prof. Houman Shadab, New York Law School, "Credit Risk Transfer Governance: The Good, the Bad, and the Savvy"
  • Commenter: Prof. Eugene Volokh, UCLA School of Law
  • Commenter: Prof. Todd Henderson, University of Chicago Law School
  • Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center

Omni Shoreham
Washington, DC



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Public Sector Unions 1-6-12

Author: The Federalist Society
23 2012 Jan, 17:26:57


14th Annual Faculty Conference
The following audio was recorded on January 6, 2012.

Wisconsin Statehouse Protest by Public Sector UnionsThe Federalist Society's Facutly Division hosted this panel on "Public Sector Unions" on Friday, January 6, 2012, during the 14th Annual Faculty Conference.

Panel 2: Public Sector Unions
Location: Palladian Ballroom

  • Prof. Samuel Estreicher, New York University School of Law
  • Prof. John McGinnis, Northwestern University School of Law
  • Prof. Joseph Slater, University of Toledo College of Law
  • Moderator: Prof. James Lindgren, Northwestern University School of Law

Omni Shoreham
Washington, DC



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The Sovereign Shareholder? Government Ownership and Corporate Law Post-Bailout 1-5-12

Author: The Federalist Society
23 2012 Jan, 16:46:58


14th Annual Faculty Conference
The following audio was recorded on January 5, 2012.

The Sovereign Shareholder? Government Ownership and Corporate Law Post-Bailout - Event Audio/VideoThe Federalist Society's Facutly Division hosted this panel on "The Sovereign Shareholder? Government Ownership and Corporate Law Post-Bailout" on Thursday, January 5, 2012, during the 14th Annual Faculty Conference.

Panel 1: The Sovereign Shareholder? Government Ownership and Corporate Law Post-Bailout
Location: Palladian Ballroom

  • Prof. Lynn Stout, UCLA School of Law
  • Prof. J.W. Verret, George Mason University School of Law
  • Prof. David Zaring, The Wharton School, University of Pennsylvania
  • Moderator: Dean Donald Weidner, Florida State University College of Law
  • Introduction: Hon. Lee Liberman Otis, Senior Vice President & Faculty Division Director, The Federalist Society


Omni Shoreham
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The Obama Justice Department, the 2012 Elections and the Rule of Law 12-8-11

J. Christian Adams, Asheesh Agarwal Author: The Federalist Society
5 2012 Jan, 20:37:50


The Indianapolis Lawyers Chapter
The following audio was recorded on December 8, 2011.

J. Christian AdamsOn December 8, 2011, the Indianapolis Lawyers Chapter of the Federalist Society hosted an event featuring former DOJ voting rights section attorney and best-selling author Mr. J. Christian Adams. The topic of the address was "The Obama Justice Department, the 2012 Elections and the Rule of Law".

Featuring:

  • Mr. J. Christian Adams, Former DOJ voting rights section attorney and author of the best-selling book Injustice: Exposing the Racial Agenda of the Obama Justice Department
  • Introduction: Mr. Asheesh Agarwal, Of Counsel, Ogletree Deakins

Conrad Indianapolis
Indianapolis, IN



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The Future of Spectrum Policy 11-12-11

Brian F. Fontes, Janice Obuchowski, Thomas C. Power, Jennifer Walker Elrod Author: The Federalist Society
7 2011 Dec, 20:52:45


2011 National Lawyers Convention
The following audio was recorded on November 12, 2011.

The Future of Spectrum Policy - Event Audio/VideoThe Telecommunications & Electronic Media Practice Group hosted this panel on "The Future of Spectrum Policy" on Saturday, November 12, 2011, during the 2011 National Lawyers Convention.

Telecommunications: The Future of Spectrum Policy
10:45 a.m. – 12:15 p.m.
Chinese Room - Overflow: Cabinet Room

  • Mr. Brian F. Fontes, CEO, National Emergency Number Association
  • Hon. Janice Obuchowski, President, Freedom Technologies, Inc.
  • Mr. Thomas C. Power, Deputy Chief Technology Officer for Telecommunications, Office of Science & Technology Policy, Executive Office of the President
  • Moderator: Hon. Jennifer Walker Elrod, U.S. Court of Appeals, Fifth Circuit

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The Ministerial Exception Case: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC 11-11-11

Walter E. Dellinger III, Douglas Laycock, Michael W. McConnell, Diarmuid F. O'Scannlain Author: The Federalist Society
7 2011 Dec, 20:41:34


2011 National Lawyers Convention
The following audio was recorded on November 11, 2011.

The Ministerial Exception Case: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC - Event Audio/VideoThe Religious Liberties Practice Group hosted this panel on "The Ministerial Exception Case: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC" on Friday, November 11, 2011, during the 2011 National Lawyers Convention.

Religious Liberties: The Ministerial Exception Case: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
12:00 p.m. – 2:30 p.m.
East Room - Overflow: Senate Room

  • Hon. Walter E. Dellinger, III, Partner, O’Melveny & Myers LLP; Douglas Blount Maggs Professor of Law Emeritus, Duke University School of Law; Visiting Professor of Law, Harvard University Law School and former Acting United States Solicitor General
  • Prof. Douglas Laycock, Robert E. Scott Distinguished Professor of Law, Horace W. Goldsmith Research Professor of Law, Professor of Religious Studies, University of Virginia School of Law
  • Hon. Michael W. McConnell, Richard and Frances Mallery Professor of Law, Stanford Constitutional Law Center, Stanford Law School and former Judge, U.S. Court of Appeals, Tenth Circuit
  • Moderator: Hon. Diarmuid F. O’Scannlain, U.S. Court of Appeals, Ninth Circuit

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Property Rights: The Forgotten Spark of the Arab Spring 11-12-11

Hernando de Soto, Steven J. Eagle, John D. Echeverria, Donald J. Kochan, Jerry E. Smith Author: The Federalist Society
22 2011 Nov, 19:33:02


2011 National Lawyers Convention
The following audio was recorded on November 12, 2011.

Property Rights: The Forgotten Spark of the Arab Spring - Event Audio/VideoThe Environmental Law & Property Rights Practice Group hosted this panel on "Property Rights: The Forgotten Spark of the Arab Spring" on Saturday, November 12, 2011, during the 2011 National Lawyers Convention.

Environmental Law: Property Rights: The Forgotten Spark of the Arab Spring
10:45 a.m. – 12:15 p.m.
State Room - Overflow: Senate Room

  • Mr. Hernando de Soto, President, Institute for Liberty and Democracy
  • Prof. Steven J. Eagle, Professor of Law, George Mason University School of Law
  • Prof. John D. Echeverria, Professor of Law and Acting Director Environmental Law Center, Vermont Law School
  • Prof. Donald J. Kochan, Professor of Law, Chapman University School of Law
  • Moderator: Hon. Jerry E. Smith, U.S. Court of Appeals, Fifth Circuit

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Reining in Regulation or Letting Regulation Reign? Predictions and Prescriptions for Government 11-12-11

Ronald A. Cass, Cary Coglianese, Christopher C. DeMuth, Carlos T. Bea Author: The Federalist Society
22 2011 Nov, 19:14:39


2011 National Lawyers Convention
The following audio was recorded on November 12, 2011.

Reining in Regulation or Letting Regulation Reign? Predictions and Prescriptions for Government - Event Audio/VideoThe Administrative Law & Regulation Practice Group hosted this panel on "Reining in Regulation or Letting Regulation Reign? Predictions and Prescriptions for Government" on Saturday, November 12, 2011, during the 2011 National Lawyers Convention.

Administrative Law: Reining in Regulation or Letting Regulation Reign? Predictions and Prescriptions for Government
10:45 a.m. – 12:15 p.m.
East Room

  • Hon. Ronald A. Cass, President, Cass & Associates, PC
  • Prof. Cary Coglianese, Edward B. Shils Professor of Law, University of Pennsylvania Law School
  • Hon. Christopher C. DeMuth, D.C. Searle Senior Fellow, The American Enterprise Institute
  • Moderator: Hon. Carlos T. Bea, U.S. Court of Appeals, Ninth Circuit

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The War-on-Terror Government 11-11-11

Stewart A. Baker, Veronique de Rugy, Julian Sanchez, Benjamin Wittes, Nathan A. Sales Author: The Federalist Society
22 2011 Nov, 19:12:52


2011 National Lawyers Convention
The following audio was recorded on November 11, 2011.

The War-on-Terror Government - Event Audio/VideoThe International & National Security Law Practice Group hosted this panel on "The War-on-Terror Government" on Friday, November 11, 2011, during the 2011 National Lawyers Convention.

International: The War-on-Terror Government
3:15 p.m. – 5:00 p.m.
Grand Ballroom - Overflow: Chinese Room

  • Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP and former Assistant U.S. Secretary for Policy, U.S. Department of Homeland Security
  • Dr. Veronique de Rugy, Senior Research Fellow, Mercatus Center, George Mason University
  • Mr. Julian Sánchez, Research Fellow, The Cato Institute
  • Mr. Benjamin Wittes, Senior Fellow, Governance Studies, The Brookings Institution
  • Moderator: Prof. Nathan A. Sales, Assistant Professor of Law, George Mason University School of Law

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Voter Fraud and Voter ID -- The Constitution and the Right to Vote 11-11-11

John Fund, Spencer A. Overton, Daniel P. Tokaji, Hans A. von Spakovsky, Thomas B. Griffith Author: The Federalist Society
22 2011 Nov, 19:01:19


2011 National Lawyers Convention
The following audio was recorded on November 11, 2011.

Voter Fraud and Voter ID — The Constitution and the Right to Vote - Event Audio/VideoThe Free Speech & Election Law Practice Group hosted this panel on "Voter Fraud and Voter ID — The Constitution and the Right to Vote" on Friday, November 11, 2011, during the 2011 National Lawyers Convention.

Free Speech: Voter Fraud and Voter ID — The Constitution and the Right to Vote
3:15 p.m. – 5:00 p.m.
State Room - Overflow: Senate Room

  • Mr. John Fund, Former Columnist, The Wall Street Journal and Opinionjournal.com
  • Prof. Spencer A. Overton, Professor of Law, The George Washington University Law School
  • Prof. Daniel P. Tokaji, Professor of Law, The Ohio State University, Moritz College of Law and and Senior Fellow of Election Law @ Moritz
  • Mr. Hans von Spakovsky, Senior Legal Fellow and Manager, Civil Justice Reform Initiative, The Heritage Foundation
  • Moderator: Hon. Thomas B. Griffith, U.S. Court of Appeals, D.C. Circuit

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Will Consumers and the Economy Benefit from the Consumer Financial Protection Bureau? 11-11-11

David Berenbaum, Leonard J. Kennedy, Alex J. Pollock, Todd J. Zywicki, Timothy M. Tymkovich Author: The Federalist Society
21 2011 Nov, 23:17:12


2011 National Lawyers Convention
The following audio was recorded on November 11, 2011.

Will Consumers and the Economy Benefit from the Consumer Financial Protection Bureau? - Event Audio/VideoThe Financial Services & E-Commerce Practice Group hosted this panel on "Will Consumers and the Economy Benefit from the Consumer Financial Protection Bureau?" on Friday, November 11, 2011, during the 2011 National Lawyers Convention.

Financial Services: Will Consumers and the Economy Benefit from the Consumer Financial Protection Bureau?
12:00 p.m. – 2:30 p.m.
State Room

  • Mr. David Berenbaum, Chief Program Officer, National Community Reinvestment Coalition
  • Mr. Leonard J. Kennedy, General Counsel, Consumer Financial Protection Bureau
  • Mr. Alex J. Pollock, Resident Fellow, American Enterprise Institute
  • Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law
  • Moderator: Hon. Timothy M. Tymkovich, U.S. Court of Appeals, Tenth Circuit

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Prisoner Releases and the Role of the Courts 11-11-11

Richard A. Berk, Deborah J. Daniels, Sarah V. Hart, Donald Specter, Luther Strange, Edith Brown Clement Author: The Federalist Society
21 2011 Nov, 22:55:00


2011 National Lawyers Convention
The following audio was recorded on November 11, 2011.

Prisoner Releases and the Role of the Courts - Event Audio/VideoThe Criminal Law & Procedure Practice Group hosted this panel on "Prisoner Releases and the Role of the Courts" on Friday, November 11, 2011, during the 2011 National Lawyers Convention.

Criminal Law: Prisoner Releases and the Role of the Courts
12:00 p.m. – 2:30 p.m.
Chinese Room - Overflow: Cabinet Room

  • Dr. Richard A. Berk, Professor of Criminology and Statistics, University of Pennsylvania
  • Hon. Deborah J. Daniels, Partner, Krieg DeVault LLP
  • Hon. Sarah V. Hart, Chief Performance Officer, Philadelphia District Attorney’s Office
  • Mr. Donald Specter, Executive Director, Prison Law Office
  • Hon. Luther Strange, Attorney General of Alabama
  • Moderator: Hon. Edith Brown Clement, U.S. Court of Appeals, Fifth Circuit

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Attorneys Fees in Class Actions 11-10-11

Theodore H. Frank, Alan B. Morrison, Jeffrey S. Jacobson, Brett M. Kavanaugh, Lester Brickman, Brian T. Fitzpatrick Author: The Federalist Society
21 2011 Nov, 20:37:53


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

Attorneys Fees in Class Actions - Event Audio/VideoThe Litigation Practice Group hosted this panel on "Attorneys Fees in Class Actions" on Thursday, November 10, 2011, during the 2011 National Lawyers Convention.

Litigation: Attorneys Fees in Class Actions
3:45 p.m. – 5:15 p.m.
State Room - Overflow: East Room

  • Prof. Lester Brickman, Professor of Law, Yeshiva University, Benjamin N. Cardozo School of Law
  • Prof. Brian T. Fitzpatrick, Associate Professor of Law, Vanderbilt University Law School
  • Mr. Theodore H. Frank, Founder, Center for Class Action Fairness
  • Dean Alan B. Morrison, Lerner Family Associate Dean for Public Interest/Public Service, The George Washington University Law School
  • Mr. Jeffrey S. Jacobson, Partner, Debevoise & Plimpton LLP
  • Moderator: Hon. Brett M. Kavanaugh, U.S. Court of Appeals, D.C. Circuit

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Meet the New Boss: Continuity in Presidential War Powers 11-10-11

Martin Flaherty, Andrew C. McCarthy, Michael D. Ramsey, John C. Yoo, John C. Eastman Author: The Federalist Society
21 2011 Nov, 19:35:36


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

Meet the New Boss: Continuity in Presidential War Powers - Event Audio/VideoThe Federalism & Separation of Powers Practice Group hosted this panel on "Meet the New Boss: Continuity in Presidential War Powers" on Thursday, November 10, 2011, during the 2011 National Lawyers Convention.

Federalism: Meet the New Boss: Continuity in Presidential War Powers
3:45 p.m. – 5:15 p.m.
Grand Ballroom - Overflow: Chinese Room

  • Prof. Martin S. Flaherty, Leitner Family Professor of International Human Rights Law, and Co-Founding Director of the Leitner Center for International Law and Justice, Fordham Law School
  • Mr. Andrew C. McCarthy, National Review Institute
  • Prof. Michael D. Ramsey, University Professor, University of San Diego School of Law
  • Prof. John C. Yoo, Professor of Law, University of California, Berkeley Boalt Hall School of Law
  • Moderator: Dr. John C. Eastman, Henry Salvatori Professor of Law & Community Service; Founding Director of the Center for Constitutional Jurisprudence and former Dean, Chapman University School of Law

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Organized Labor and the Obama Administration 11-10-11

John N. Raudabaugh, William Samuel, Eugene Scalia, William H. Pryor Jr. Author: The Federalist Society
21 2011 Nov, 18:34:54


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

Organized Labor and the Obama Administration - Event Audio/VideoThe Labor & Employment Law Practice Group hosted this panel on "Organized Labor and the Obama Administration" on Thursday, November 10, 2011, during the 2011 National Lawyers Convention.

Labor: Organized Labor and the Obama Administration
2:00 p.m. – 3:30 p.m.
State Room - Overflow: Cabinet Room

  • Hon. John N. Raudabaugh, Counsel, Nixon Peabody LLP and former Member, National Labor Relations Board
  • Mr. William Samuel, Director of Government Affairs, American Federation of Labor-Congress of Industrial Organizations
  • Hon. Eugene Scalia, Partner, Gibson, Dunn & Crutcher LLP and former Solicitor, U.S. Department of Labor
  • Moderator: Hon. William H. Pryor Jr., U.S. Court of Appeals, Eleventh Circuit

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IP and Parallel Importation -- Should the U.S., Through IP Laws and Other Means, Protect Businesses from "Gray Goods" Imported Without Manufacturers’ Authorization? 11-10-11

F. Scott Kieff, David S. Olson, David B. Salmons, Sherwin Siy, Randall R. Rader Author: The Federalist Society
21 2011 Nov, 17:49:12


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

IP and Parallel Importation - Event Audio/VideoThe Intellectual Property Practice Group hosted this panel on "IP and Parallel Importation—Should the U.S., Through IP Laws and Other Means, Protect Businesses from “Gray Goods†Imported Without Manufacturers’ Authorization?" on Thursday, November 10, 2011, during the 2011 National Lawyers Convention.

Intellectual Property: IP and Parallel Importation—Should the U.S., Through IP Laws and Other Means, Protect Businesses from “Gray Goods†Imported Without Manufacturers’ Authorization?
2:00 p.m. – 3:30 p.m.
Grand Ballroom - Overflow: Chinese Room

  • Prof. F. Scott Kieff, Professor of Law, The George Washington University Law School and Senior Fellow, Hoover Institution, Stanford University
  • Prof. David S. Olson, Assistant Professor of Law, Boston College Law School
  • Mr. David Salmons, Bingham McCutchen LLP
  • Mr. Sherwin Siy, Deputy Legal Director, Public Knowledge
  • Moderator: Hon. Randall R. Rader, U. S. Court of Appeals, Federal Circuit

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Law School Accreditation 11-10-11

Thomas D. Morgan, Clark Neily, Ann Shalleck, David Yellen, David Stras Author: The Federalist Society
18 2011 Nov, 02:01:57


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

Law School Accreditation - Event Audio/VideoThe Professional Responsibility & Legal Education Practice Group hosted this panel on "Law School Accreditation" on Thursday, November 10, 2011, during the 2011 National Lawyers Convention.

Professional Responsibility: Law School Accreditation
2:00 p.m. – 3:30 p.m.
East Room - Overflow: Senate Room

  • Prof. Thomas D. Morgan, Oppenheim Professor of Antitrust and Trade Regulation Law, The George Washington University Law School
  • Mr. Clark Neily, Senior Attorney, Institute for Justice
  • Prof. Ann Shalleck, Director, Women and the Law Program, American University Washington College of Law
  • Dean David N. Yellen, Dean and Professor of Law, Loyola University Chicago School of Law
  • Moderator: Hon. David R. Stras, Minnesota Supreme Court

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Deficit Reduction and the Role of the Federal Government in Regulating Business 11-10-11

Richard A. Epstein, Martin A. Regalia, Heather L. Slavkin, David B. Sentelle Author: The Federalist Society
18 2011 Nov, 01:49:47


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

Deficit Reduction and the Role of the Federal Government in Regulating Business - Event Audio/VideoThe Corporations, Securities & Antitrust Practice Group hosted this panel on "Deficit Reduction and the Role of the Federal Government in Regulating Business" on Thursday, November 10, 2011, during the 2011 National Lawyers Convention.

Corporations: Deficit Reduction and the Role of the Federal Government in Regulating Business
12:00 p.m. – 2:00 p.m.
East Room - Overflow: Senate Room

  • Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
  • Dr. Martin A. Regalia, Senior Vice President and Chief Economist, U.S. Chamber of Commerce
  • Ms. Heather L. Slavkin, Senior Legal and Policy Adviser, Office of Investment, American Federation of Labor and Congress of Industrial Organizations
  • Moderator: Hon. David B. Sentelle, U.S. Court of Appeals, D.C. Circuit

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Federal Initiatives on K-12 School Bullying Prevention 11-10-11

Hans Bader, Todd F. Gaziano, Fatima Goss Graves, Eugene Volokh, William R. Yeomans, Stuart S. Taylor Author: The Federalist Society
18 2011 Nov, 01:45:47


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

Federal Initiatives on K-12 School Bullying Prevention - Event Audio/VideoThe Civil Rights Practice Group hosted this panel on "Federal Initiatives on K-12 School Bullying Prevention" on Thursday, November 10, 2011, during the 2011 National Lawyers Convention.

Civil Rights: Federal Initiatives on K-12 School Bullying Prevention
12:00 p.m. – 2:00 p.m.
State Room - Overflow: Chinese & Cabinet Rooms

  • Mr. Hans Bader, Senior Attorney and Counsel for Special Projects, Competitive Enterprise Institute
  • Hon. Todd Gaziano, Commissioner, U.S. Commission on Civil Rights, and Senior Fellow in Legal Studies, The Heritage Foundation
  • Ms. Fatima Goss Graves, Vice President for Education and Employment, National Women's Law Center
  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
  • Prof. William R. Yeomans, Fellow in Law and Government, American University Washington College of Law
  • Moderator: Mr. Stuart Taylor Jr., Contributing Editor, National Journal, and Nonresident Senior Fellow, Brookings Institution

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Address by Richard Brookhiser on James Madison 11-12-11

Richard Brookhiser, Eugene B. Meyer Author: The Federalist Society
16 2011 Nov, 21:51:08


2011 National Lawyers Convention
The following audio was recorded on November 12, 2011.

Address by Richard Brookhiser on James Madison 11-12-11On November 12, 2011, Mr. Richard Brookhiser, Senior Editor of National Review, delivered an address at the Federalist Society's 2011 National Lawyers Convention. Mr. Brookhiser spoke about his new book James Madison. He was introduced by Mr. Eugene B. Meyer, President of The Federalist Society.

Address
4:15 p.m. – 4:45 p.m.
State Room - Overflow: Chinese Room

  • Mr. Richard Brookhiser, Senior Editor, National Review and author of James Madison
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

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A Federal Sunset Law 11-12-11

Frank H. Easterbrook, William N. Eskridge, Jr., Phillip K. Howard, Thomas W. Merrill, Jeffrey S. Sutton Author: The Federalist Society
16 2011 Nov, 19:39:03


2011 National Lawyers Convention
The following audio was recorded on November 12, 2011.

A Federal Sunset Law - Event Audio/VideoIn the years since the New Deal and the Great Society, a huge number of federal statutes have been enacted into law and have become permanent fixtures of American life. Repealing these statutes is politically impossible because one needs a majority of the House of Representatives, sixty votes in the Senate, and the President’s signature to repeal a law. The cumbersome mechanisms of bicameralism, the Senate filibuster, and the President’s veto, which were meant to ensure limited government, now serve the wholly different purpose of entrenching big government by making federal laws immortal. This panel will consider whether Congress should pass a general federal sunset law that would require that most federal statutes sunset after ten or twenty years unless they are re-enacted by the two Houses of Congress together with the President. Arguably, such a law would return us to the Framers’ vision where small government was entrenched instead of big government being entrenched. Many states have adopted sunset laws, and maybe now it is time for the federal government to follow their good example. Thomas Jefferson once proposed that even the Constitution itself should sunset every 20 years – an idea that James Madison wisely rejected. But even if the Constitution ought not to sunset and even if a few landmark laws like the Civil Rights Act of 1964 ought not to sunset, surely most federal laws ought to be periodically in need of being reenacted. This panel will examine that question.This panel was featured as Showcase Panel IV at the 2011 National Lawyers Convention on November 12, 2011.

Showcase Panel IV: A Federal Sunset Law
2:30 p.m. – 4:15 p.m.
State Room - Overflow: Chinese Room

  • Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit
  • Prof. William N. Eskridge Jr., John A. Garver Professor of Jurisprudence, Yale Law School
  • Mr. Philip K. Howard, Founder and Chairman, Common Good Coalition
  • Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
  • Moderator: Hon. Jeffrey S. Sutton, U.S. Court of Appeals, Sixth Circuit

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Term Limits, Entitlement Reform, and Random Assignment of Members of Congress to Committees 11-12-11

Edith H. Jones, Dean A. Reuter, Steven G. Calabresi, William N. Eskridge, Jr., William Kristol, Jide Nzelibe Author: The Federalist Society
16 2011 Nov, 00:40:52


2011 National Lawyers Convention
The following audio was recorded on November 12, 2011.

Term Limits, Entitlement Reform, and Random Assignment of Members of Congress to Committees - Event Audio/VideoThe Constitution does not mention congressional committees anywhere in the text, and Congress’ power to create such committees flows out of the power of each House to enact by majority vote the rules that will govern its own proceedings. From the beginning of our history, Congress has used this power to create formidable legislative committees that deal with levels of taxation, spending, and borrowing by the federal government. Today, it is clear that those committees have taxed, spent, and borrowed way too much, often with the goal of benefitting the home states of committee members at the expense of the nation as a whole. Among the six committees that have taxed, spent, and borrowed too much are the two Appropriations Committees, the House Ways and Means Committee, the Senate Finance Committee, and the Budget Committees. This panel will discuss the idea that future Congresses should provide, by a majority vote of each House at the start of a session of Congress, that appointment of members to the six committees listed above should be by random lottery rather than being based on seniority or the desire of a member to serve on a committee. Membership on these six committees should, as well, be limited to no more than six years. We do not let lower court federal judges pick which cases they get to hear but instead assign cases to them by random lottery. For similar reasons some suggest we ought not to let members of Congress pick which committee a member serves on, but we ought to leave that up to a random lottery as well. They say no-one, whether it be Robert Byrd or Ted Stevens, ought to sit on a taxing, spending, or borrowing committee for longer than six years. Others counter that the loss of expertise and experience in these areas is far too great a cost. Finally, this panel will address the question of entitlement reform and votes on the floor of Congress. The text of the Constitution makes it clear that the Framers expected that Congress would vote for most appropriations on an annualized basis. The Constitution even makes it clear that military appropriations can be for no more than two years. Yet today, and really since the New Deal, we have become accustomed to entitlement programs whereby citizens become “entitled†to a sum of money every year, and Congress is essentially forced to foot the bill. What can we do to reform entitlement programs? How should the raising of the debt ceiling be handled? This panel was featured as Showcase Panel III at the 2011 National Lawyers Convention on November 12, 2011.

Showcase Panel III: Term Limits, Entitlement Reform, and Random Assignment of Members of Congress to Committees
9:00 a.m. – 10:30 a.m.
Grand Ballroom

  • Prof. Steven G. Calabresi, Class of 1940 Professor of Law, Northwestern University School of Law and Chairman, The Federalist Society for Law and Public Policy
  • Prof. William N. Eskridge, Jr., John A. Garver Professor of Jurisprudence, Yale Law School
  • Mr. William Kristol, Editor, The Weekly Standard
  • Prof. Jide O. Nzelibe, Professor of Law, Northwestern University School of Law
  • Moderator: Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

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Political Philosophy and Classical Liberalism Roundtable 11-11-11

Paul Rahe, Douglas B. Rasmussen, John Tomasi, Sandra Segal Ikuta, Leonard A. Leo, Richard A. Epstein, Andrew Koppelman, Michael W. McConnell, John O. McGinnis Author: The Federalist Society
16 2011 Nov, 00:33:33


2011 National Lawyers Convention
The following audio was recorded on November 11, 2011.

Political Philosophy and Classical Liberalism Roundtable - Event Audio/VideoThis year, two books are being published defending classical liberalism: one by Richard Epstein and another by John Tomasi. How persuasive is the case for classical liberalism? How does classical liberalism differ from conservatism, libertarianism, or fusionism? Is there an inherent flaw in classical liberalism that explains why it degenerated into welfare state socialism? If so, how can classical liberal theory be inoculated from degenerating in this fashion again? This panel was featured as Showcase Panel II at the 2011 National Lawyers Convention on November 11, 2011.

Showcase Panel II: Political Philosophy and Classical Liberalism Roundtable
9:00 a.m. – 10:45 a.m.
Grand Ballroom

  • Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
  • Prof. Andrew M. Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law
  • Hon. Michael W. McConnell, Richard and Frances Mallery Professor of Law and Director, Stanford Constitutional Law Center, Stanford Law School and former Judge, U.S. Court of Appeals for the 10th Circuit
  • Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law
  • Prof. Paul A. Rahe, Charles O. Lee and Louise K. Lee Chair in Western Heritage and Professor of History, Hillsdale College
  • Prof. Douglas B. Rasmussen, Professor of Philosophy, St. John’s University
  • Prof. John Tomasi, Associate Professor of Political Science, Brown University
  • Moderator: Hon. Sandra Segal Ikuta, U.S. Court of Appeals, Ninth Circuit
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

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Too Big to Fail 11-10-11

Paul Singer, Peter J. Wallison, Diane S. Sykes, Dean Baker, H. Rodgin Cohen Author: The Federalist Society
14 2011 Nov, 23:26:11


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

Too Big to Fail - Event Audio/VideoThe Dodd-Frank Wall Street Reform and Consumer Protection Act was aimed at correcting a number of problems relating to the market woes of the last few years. Among other things, it specifically sought to address issues pertaining to the idea that some entities were too big and intertwined with the economy to be allowed to fail. Our panel will discuss the legal (and potential constitutional) issues coming out of Dodd-Frank. In passing the act, has Congress overstepped its bounds? Will Dodd-Frank succeed in identifying the entities that are “too big to fail,†and will it be effective in regulating them in a way that will prevent their failure? This panel was featured as Showcase Panel I at the 2011 National Lawyers Convention on November 10, 2011.

Showcase Panel I: Too Big to Fail
9:15 a.m. – 11:15 a.m.
Grand Ballroom

  • Mr. Dean Baker, Co-Director, Center for Economic and Policy Research
  • Mr. H. Rodgin Cohen, Partner, Sullivan & Cromwell LLP
  • Mr. Paul Singer, Founder and Chief Executive Officer, Elliott Management Corporation
  • Hon. Peter J. Wallison, Arthur F. Burns Fellow in Financial Policy Studies, American Enterprise Institute, former General Counsel, U.S. Department of the Treasury, and former White House Counsel
  • Moderator: Hon. Diane S. Sykes, U.S. Court of Appeals, Seventh Circuit

Mayflower Hotel
Washington, DC



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Address by Senator Mike Lee 11-11-11

Michael S. Lee, Leonard A. Leo Author: The Federalist Society
14 2011 Nov, 21:33:32


2011 National Lawyers Convention
The following audio was recorded on November 11, 2011.

Mike S. LeeUnited States Senator Mike Lee of Utah addressed registrants of the Federalist Society's 2011 National Lawyers Convention on Friday, November 11, 2011. He was introduced by Leonard A. Leo, Executive Vice President of The Federalist Society.

Address
11:00 a.m. – 11:45 a.m.
Grand Ballroom

  • Hon. Michael S. Lee, United States Senate
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

Mayflower Hotel
Washington, DC



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Fourth Annual Rosenkranz Debate: RESOLVED: Congress Acted Within Its Authority in Enacting the Patient Protection and Affordable Care Act 11-12-11

Paul D. Clement, Laurence H. Tribe, Nicholas Quinn Rosenkranz, Eugene B. Meyer Author: The Federalist Society
14 2011 Nov, 20:23:47


2011 National Lawyers Convention
The following audio was recorded on November 12, 2011.

Fourth Annual Rosenkranz Debate: RESOLVED: Congress Acted Within Its Authority in Enacting the Patient Protection and Affordable Care Act - Event Audio/VideoThe Fourth Annual Rosenkranz Debate was held on November 12, 2011, during The Federalist Society's 2011 National Lawyers Convention. The debate, titled "RESOLVED: Congress Acted Within Its Authority in Enacting the Patient Protection and Affordable Care Act", featured Prof. Laurence H. Tribe of Harvard Law School and Hon. Paul D. Clement of Bancroft PLLC and former U.S. Solicitor General with Prof. Nicholas Quinn Rosenkranz of the Georgetown Law Center as the moderator. Introduction by Mr. Eugene B. Meyer, President of the Federalist Society.

Fourth Annual Rosenkranz Debate and Luncheon
RESOLVED: Congress Acted Within Its Authority in Enacting the Patient Protection and Affordable Care Act

12:30 p.m. – 2:30 p.m.
Grand Ballroom

  • Hon. Paul D. Clement, Partner, Bancroft PLLC and former U.S. Solicitor General
  • Prof. Laurence H. Tribe, Carl M. Loeb University Professor, Harvard Law School
  • Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

Mayflower Hotel
Washington, DC



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11th Annual Barbara K. Olson Memorial Lecture 11-11-11

el B. Mukasey, Eugene B. Meyer Author: The Federalist Society
12 2011 Nov, 20:03:34


2011 National Lawyers Convention
The following audio was recorded on November 11, 2011.

Michael MukaseyOn September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara K. Olson was murdered in the terrorist attacks against the United States as a passenger on the hijacked American Airlines flight that was flown into the Pentagon. The Federalist Society established this annual lecture in Barbara's memory because of her enormous contributions as an active member, supporter, and volunteer leader. Solicitor General Theodore B. Olson delivered the first lecture in November 2001. The lecture series continued in following years with other notable individuals. In 2011, former U.S. Attorney General Michael B. Mukasey delivered the lecture. He was introduced by Mr. Eugene B. Meyer, President of the Federalist Society.

Barbara K. Olson Memorial Lecture
5:30 p.m. – 6:00 p.m.
Grand Ballroom

  • Hon. Michael B. Mukasey, Debevoise & Plimpton LLP and Former U.S. Attorney General
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

Mayflower Hotel
Washington, DC

For information about Barbara Olson and this lecture series, click HERE.

For a list of past lecturers, click HERE.

 



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Opening Address by Senator Jeff Sessions 11-10-11

Jefferson B. Sessions III, Leonard A. Leo Author: The Federalist Society
12 2011 Nov, 14:52:51


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

Jeff SessionsUnited States Senator Jeff Sessions of Alabama opened the Federalist Society's 2011 National Lawyers Convention with an address to all registrants on November 10, 2011. He was introduced by Leonard A. Leo, Executive Vice President of The Federalist Society.

Welcome and Opening Address
9:00 a.m. – 9:15 a.m.
Grand Ballroom

  • Hon. Jeff Sessions, United States Senate, Alabama
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

Mayflower Hotel
Washington, DC



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Address by Senator Marco Rubio 11-10-11

Marco Rubio, Leonard A. Leo Author: The Federalist Society
12 2011 Nov, 14:42:16


2011 National Lawyers Convention
The following audio was recorded on November 10, 2011.

Marco RubioUnited States Senator Marco Rubio of Florida addressed registrants of the Federalist Society's 2011 National Lawyers Convention on Thursday, November 10, 2011. He was introduced by Leonard A. Leo, Executive Vice President of The Federalist Society.

Address
11:30 a.m. – 11:50 a.m.
Grand Ballroom

  • Hon. Marco Rubio, United States Senate
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

Mayflower Hotel
Washington, DC

 



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A Debate Over the Constitutionality of the Health Care Reform Act 10-25-11

Thomas Fisher, Gerard Magliocca, Brian J. Paul Author: The Federalist Society
5 2011 Nov, 17:11:51


The Indianapolis Lawyers Chapter
The following audio was recorded on October 25, 2011.

On October 25, 2011, the Indianapolis Lawyers Chapter of the Federalist Society hosted a debate between Indiana Solicitor General Thomas Fisher and Prof. Gerard Magliocca of Indiana University School of Law - Indianapolis on the constitutionality of the Health Care Reform Act. Introduction by Mr. Brian J. Paul of Ice Miller LLP and President of the Indianapolis Lawyers Chapter.

Featuring:

  • Mr. Thomas M. Fisher, Indiana Solicitor General
  • Prof. Gerard N. Magliocca, Samuel R. Rosen Professor of Law, Indiana University School of Law - Indianapolis
  • Introduction: Mr. Brian J. Paul, Partner, Ice Miller LLP and President, Indianapolis Lawyers Chapter

Conrad Indianapolis
Indianapolis, IN



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Mexico's New Class Action Law 10-20-11

Eduardo Facha Garcia, Luis Omar Guerrero Rodriguez, Marco Antonio Najera Martinez, George L. Priest, Carlos T. Bea Author: The Federalist Society
2 2011 Nov, 23:53:29


The Future of Business Law in Mexico
The following audio was recorded on October 20, 2011.

The Future of Business Law in Mexico

This panel will discuss the new class action law in Mexico and how it compares with class action laws governing other countries. Our panel of experts will provide an overview of the new law along with insights into the many legal issues the Mexican courts will need to address, what companies doing business in Mexico need to do to prepare, and any potential risks of class action "abuse." This panel was held during The Future of Business Law in Mexico conference on October 20, 2011.

Featuring:

  • Mr. Eduardo Facha García, Founding Partner, López Melih, González, Facha y Estrada, SC
  • Mr. Luis Omar Guerrero Rodríguez, Partner, Barrera, Siqueiros y Torres Landa SC and Head of the Antitrust Section of the Mexican Bar Association
  • Prof. George L. Priest, Edward J. Phelps Professor of Law and Economics and Kauffman Distinguished Research Scholar in Law, Economics, and Entrepreneurship, Yale Law School
  • Moderator: Hon. Carlos T. Bea, United States Court of Appeals for the Ninth Circuit

Four Season Hotel
Mexico City, Mexico

 



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Antitrust Enforcement and Price Squeeze 10-20-11

Luis Felipe Lucatero Govea, George L. Priest, J. Gregory Sidak, Carlos T. Bea Author: The Federalist Society
2 2011 Nov, 23:51:25


The Future of Business Law in Mexico
The following audio was recorded on October 20, 2011.

The Future of Business Law in Mexico

With Cofeco due to issue its final opinion in its recent action against Telcel, this panel will discuss whether the Ley Federal de Competencia Económica (LFCE – Mexico’s Federal Economic Competition Law) can or should be read to include a price-squeeze cause of action, the ramifications of adopting a price-squeeze theory of liability, and the impact of such a decision on businesses and consumers. The panel will also examine how antitrust enforcement in Mexico compares with other countries – what factors should or must be considered as Mexico moves forward? How should Mexico consider consumer interests? This panel was held during The Future of Business Law in Mexico conference on October 20, 2011.

Featuring:

  • Mr. Luis Felipe Lucatero Govea, Head of the Unit for Prospective Analysis and Regulation, Federal Commission of Telecommunications
  • Prof. George L. Priest, Edward J. Phelps Professor of Law and Economics and Kauffman Distinguished Research Scholar in Law, Economics, and Entrepreneurship, Yale Law School
  • Prof. J. Gregory Sidak, Chairman and Founder, Criterion Economics, LLC
  • Moderator: Hon. Carlos T. Bea, United States Court of Appeals for the Ninth Circuit

Four Season Hotel
Mexico City, Mexico



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The Evolution of Competition Policy 10-20-11

Douglas H. Ginsburg , Dean A. Reuter Author: The Federalist Society
2 2011 Nov, 23:48:06


The Future of Business Law in Mexico
The following audio was recorded on October 20, 2011.

Douglas GinsburgAs Mexico continues to emerge as an important economy on the international front, how can it best fashion its laws and policies governing business practices and access to the courts? What issues will the Mexican courts need to address under the new class action law? Should Cofeco urge the courts to adopt a price-squeeze theory of antitrust liability? And how might the resolution of these issues impact businesses and consumers in Mexico. These and other important questions were considered by our experts at The Future of Business Law in Mexico conference, held on October 20, 2011, in Mexico City. Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia opened the conference with a keynote address on "The Evolution of Competition Policy".

Featuring:

  • Hon. Douglas H. Ginsburg, United States Court of Appeals for the District of Columbia Circuit
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Four Seasons Hotel
Mexico City, Mexico



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Supreme Court Preview: What Is In Store for October Term 2011? 9-27-11

Michael A. Carvin, Thomas G. Hungar, Neal K. Katyal, Adam Mossoff, Elizabeth P. Papez, Mark L. Rienzi, Jan Crawford Author: The Federalist Society
28 2011 Sep, 01:36:26


The following audio was recorded on September 27, 2011.

Supreme Court Preview: What Is in Store for October Term 2011?October 3rd marks the first day of the 2011 Supreme Court term. This term the Court will hear interesting cases concerning religious liberty, U.S. citizenship, television broadcasting regulation, employment, unions, and many others. A few notable cases include Hosanna-Tabor Church v. EEOC, concerning the scope of the religious “ministers exception†to federal workplace discrimination laws; M.B.Z. v. Clinton, determining whether the courts can enforce a federal statute governing how the Secretary of State is to record the birthplace of American citizens on passports and related documents; Mayo Collaborative Services v. Prometheus Laboratories Inc., regarding whether a patent claim preempts all uses of naturally occurring correlations between blood test results and patient health because well-known methods used to administer prescription drugs and test blood may involve “transformations†of body chemistry; FCC v. Fox Television, concerning the FCC’s findings that broadcasts including expletives and nudity were indecent within the meaning of statutory and regulatory prohibitions on indecent broadcasts, Knox v. SEIU, which examines whether a state may condition employment on the payment of a special union assessment intended solely for political and ideological expenditures without first providing a notice that includes information about that assessment and provides an opportunity to object to its exaction; and Sackett v. EPA, regarding whether petitioners may seek pre-enforcement judicial review of an administrative compliance order pursuant to the Administrative Procedure Act.

Featuring:

  • Mr. Michael A. Carvin,Partner, Jones Day
  • Mr. Thomas G. Hungar,Partner, Gibson Dunn & Crutcher LLP
  • Prof. Neal Katyal,Georgetown University Law Center
  • Prof. Adam Mossoff,George Mason University School of Law
  • Ms. Elizabeth P. Papez,Partner, Winston & Strawn LLP
  • Prof. Mark Rienzi,Catholic University Columbus School of Law
  • Moderator: Ms. Jan Crawford, CBS News Chief Legal Correspondent

National Press Club
Washington, DC



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Resolved: That the President's War Powers are (Nearly) Absolute 9-15-11

John C. Yoo, Alberto R. Coll, James Warren, James C. Dunlop Author: The Federalist Society
23 2011 Sep, 00:16:14


The Chicago Lawyers Chapter's 9/11 Tenth Anniversary Program
The following audio was recorded on September 15, 2011.

Confronting TerrorWhile serving as Deputy Assistant Attorney General after 9/11, and in his many articles and books before and since then, John Yoo has articulated a sweeping theory of executive power, predicated on a notion of a "unitary executive," the writings of the framers of the Constitution, the wording of the Constitution itself, and the historic exercise of presidential war powers, to assert that the president's power to wage war is all but absolute, subject only to certain political checks, and that it includes the power to commit the country to lengthy battle without Congress' approval, detain combatants in secret captivity, interrogate them according to harsh terms, try and convict them, and eavesdrop on US citizen's communications without a warrant.

Professor Coll asserts that while the president's war powers are broad, they are not wholly exempt from the legislative actions of Congress, the reach of the Judiciary, the protections afforded by the Bill of Rights, or the reach of international law within its place in the U.S. constitutional framework. Both of these former officials appeal to an original understanding of the Constitution and the American Founding to make their case.

On September 15, 2011, the Chicago Lawyers Chapter hosted the 9/11 Tenth Anniversary Program featuring this debate. Professors Yoo and Coll debated these issues, which remain relevant not only to the war against terrorists, but to on-going US and NATO action in Libya and in future conflicts as they arise. This event was co-sponsored by The Jack Miller Center for Teaching American Founding Principles and History, the American Constitutional Society, The Constitution Project, DePaul University College of Law, and Ricochet.

  • To Propose: Prof. John C. Yoo, University of California Berkeley School of Law and former Deputy Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice
  • To Oppose: Prof. Alberto R. Coll, DePaul University College of Law and former Principal Deputy Secretary of Defense for Low Intensity Conflict and former Dean of Strategy, U.S. Naval War College
  • Moderator: Mr. James Warren -- Columnist, The Atlantic and the Chicago News Cooperative as well as former reporter and editor for the Chicago Tribune
  • Introduction: Mr. James C. Dunlop, Counsel, Jones Day

Pritzker Military Library
Chicago, IL



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Confronting Terror: 9/11 and the Future of American National Security 9-15-11

Arthur Herman, Charles R. Kesler, Dean A. Reuter, Frank H. Easterbrook Author: The Federalist Society
23 2011 Sep, 00:12:12


The Chicago Lawyers Chapter's 9/11 Tenth Anniversary Program
The following audio was recorded on September 15, 2011.

Confronting TerrorOn September 15, 2011, the Chicago Lawyers Chapter hosted the 9/11 Tenth Anniversary Program featuring this panel discussion. The distinguished panelists discussed the themes of Confronting Terror: 9/11 and the Future of American National Security from a variety of viewpoints presented in the book. Confronting Terror was edited by Prof. John Yoo of the University of California Berkeley School of Law and leading initial architect of post-9/11 national security policy, and Dean Reuter, Vice President & Director of Practice Groups for the Federalist Society for Law & Public Policy.

Featuring:

  • Prof. Arthur Herman, Visiting Scholar, American Enterprise Institute
  • Dr. Charles Kesler, Senior Fellow, The Claremont Institute
  • Mr. Dean A. Reuter, Vice President & Director, Practice Groups, The Federalist Society
  • Moderator: Hon. Frank Easterbrook, Chief Judge, U.S. Court of Appeals, Seventh Circuit

Pritzker Military Library
Chicago, IL



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Defending the Defense of Marriage Act 8-18-11

Gregory G. Katsas, Brian J. Paul Author: The Federalist Society
22 2011 Sep, 00:08:40


The Indianapolis Lawyers Chapter
The following audio was recorded on August 18, 2011.

Gregory G. KatsasOn August 18, 2011, the Indianapolis Lawyers Chapter of the Federalist Society hosted an event featuring The Honorable Gregory G. Katsas of Jones Day and former Assistant Attorney General for the Civil Division at the U.S. Department of Justice. The topic of the address was "Defending the Defense of Marriage Act".

Featuring:

  • Hon. Gregory G. Katsas, Partner, Jones Day and Former Assistant Attorney General, Civil Division, U.S. Department of Justice
  • Introduction: Mr. Brian J. Paul, Partner, Ice Miller LLP and President, Indianapolis Lawyers Chapter

Conrad Indianapolis
Indianapolis, IN



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The Google Review: Regulation of Search Results and More 9-19-11

Thomas O. Barnett, James Grimmelmann, Charles F. "Rick" Rule, Berin Szoka, Ronald A. Cass Author: The Federalist Society
19 2011 Sep, 23:28:43


Intellectual Property Practice Group
The following audio and video were recorded on September 19, 2011.

The Google Review: Regulation of Search Results and MoreGoogle’s business practices are currently under review by the Federal Trade Commission, several state Attorneys General, and the European Commission. Competitors and critics assert that the Google search engine, and its search engine’s results, should be reviewed and potentially regulated by government authorities. Google and its supporters assert that it is merely trying to provide the best answers for consumers. In the fast moving technology space, what role -- if any -- should antitrust authorities play in policing search engine methodology and results? How should regulators respond to allegations of “unfairness?†Most recently, the government’s interest in Google has expanded to include questions about its proposed acquisition of Motorola – what is the proper governmental role here?

Featuring:

  • Hon. Thomas O. Barnett, Partner, Covington & Burling LLP
  • Prof. James Grimmelmann, New York Law School
  • Hon. Charles F. “Rick†Rule, Partner, Cadwalader, Wickersham & Taft LLP
  • Mr. Berin Szoka, President, TechFreedom
  • Moderator: Hon. Ronald A. Cass, President, Cass & Associates, PC

National Press Club
Washington, DC



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The Extra-Judicial Activities of Supreme Court Justices: Is Reform Needed? 7-27-11

Brian T. Fitzpatrick, Brian J. Paul Author: The Federalist Society
17 2011 Aug, 20:07:06


The Indianapolis Lawyers Chapter
The following audio was recorded on July 27, 2011.

Brian T. FitzpatrickOn July 27, 2011, the Indianapolis Lawyers Chapter of the Federalist Society hosted an event featuring Prof. Brian T. Fitzpatrick of Vanderbilt University Law School. The topic of Prof. Fitzpatrick's address was "The Extra-Judicial Activities of Supreme Court Justices: Is Reform Needed?"

Featuring:

  • Prof. Brian T. Fitzpatrick, Vanderbilt University Law School
  • Introduction: Mr. Brian J. Paul, Partner, Ice Miller LLP and President, Indianapolis Lawyers Chapter

Conrad Indianapolis
Indianapolis, IN

 



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2011 Annual Supreme Court Round Up 7-12-11

Miguel Estrada, Douglas R. Cox Author: The Federalist Society
13 2011 Jul, 23:27:34


The Washington, DC Lawyers Chapter
The following audio was recorded on July 12, 2011.

Miguel EstradaOn July 12, 2011, Miguel Estrada of Gibson Dunn & Crutcher delivered the Annual Supreme Court Round Up at The Mayflower Hotel in Washington, DC.

Featuring:

  • Mr. Miguel Estrada, Gibson, Dunn & Crutcher
  • Introduction: Mr. Douglas R. Cox, Gibson, Dunn & Crutcher

The Mayflower Hotel
Washington, DC



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Economic Security 6-28-11

Orin S. Kerr, Marc Rotenberg, John Smith, Michael Vatis, Vincent J. Vitkowsky Author: The Federalist Society
1 2011 Jul, 22:17:33


Cyber Security, National Security and Economic Security
The following audio was recorded on June 28, 2011.

Economic Security - Event Audio/VideoBoth President Bush and President Obama directed comprehensive reviews of America's cyber security strategy. The current Cyberspace Policy Review concludes that cyber security poses some of the most serious economic and national security challenges of the 21st Century. The challenges include cyber warfare, cyber terrorism, cyber espionage, cyber attacks on defense facilities, critical infrastructure and private companies, and cyber theft of personal data. They give rise to complex and interconnected legal and policy issues, in areas such as the law of armed conflict, privacy and the scope of regulation, which will be addressed at this symposium. The International and National Security Law Practice Group presented this panel at a conference on Cyber Security, National Security and Economic Security on June 28, 2011.

TUESDAY, JUNE 28, 2011
9:55 a.m.

Panel Two: Economic Security

  • Prof. Orin S. Kerr, The George Washington University Law School
  • Mr. Marc Rotenberg, President, Electronic Privacy Information Center
  • Mr. John Smith, Counsel, Raytheon, and former Associate Counsel to the President (legal advisor to White House Homeland Security Council)
  • Mr. Michael Vatis, Steptoe & Johnson LLP, founding Director, National Infrastructure Protection Center at the FBI, and former Deputy Director, Executive Office for National Security, Department of Justice
  • Moderator: Mr. Vincent J. Vitkowsky, Edwards Angell Palmer & Dodge LLP

Steptoe and Johnson LLP
Washington, DC



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Address by Stewart A. Baker 6-28-11

Stewart A. Baker, Vincent J. Vitkowsky Author: The Federalist Society
1 2011 Jul, 22:16:33


Cyber Security, National Security and Economic Security
The following audio was recorded on June 28, 2011.

Address by Stewart A. Baker - Event Audio/VideoBoth President Bush and President Obama directed comprehensive reviews of America's cyber security strategy. The current Cyberspace Policy Review concludes that cyber security poses some of the most serious economic and national security challenges of the 21st Century. The challenges include cyber warfare, cyber terrorism, cyber espionage, cyber attacks on defense facilities, critical infrastructure and private companies, and cyber theft of personal data. They give rise to complex and interconnected legal and policy issues, in areas such as the law of armed conflict, privacy and the scope of regulation, which will be addressed at this symposium. The International and National Security Law Practice Group presented this panel at a conference on Cyber Security, National Security and Economic Security on June 28, 2011.

TUESDAY, JUNE 28, 2011
Luncheon Address

  • Mr. Stewart A. Baker, Steptoe & Johnson LLP, former Assistant Secretary for Policy, Department of Homeland Security
  • Introduction: Mr. Vincent J. Vitkowsky, Edwards Angell Palmer & Dodge LLP

Steptoe and Johnson LLP
Washington, DC



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National Security 6-28-11

Vincent J. Vitkowsky, Steven G. Bradbury, Gary D. Brown, Shane Harris, Jeremy A. Rabkin, Paul Rosenzweig Author: The Federalist Society
1 2011 Jul, 22:15:30


Cyber Security, National Security and Economic Security
The following audio was recorded on June 28, 2011.

National Security - Event Audio/VideoBoth President Bush and President Obama directed comprehensive reviews of America's cyber security strategy. The current Cyberspace Policy Review concludes that cyber security poses some of the most serious economic and national security challenges of the 21st Century. The challenges include cyber warfare, cyber terrorism, cyber espionage, cyber attacks on defense facilities, critical infrastructure and private companies, and cyber theft of personal data. They give rise to complex and interconnected legal and policy issues, in areas such as the law of armed conflict, privacy and the scope of regulation, which will be addressed at this symposium. The International and National Security Law Practice Group presented this panel at a conference on Cyber Security, National Security and Economic Security on June 28, 2011.

TUESDAY, JUNE 28, 2011
9:55 a.m.

Welcome and Introduction

  • Mr. Vincent J. Vitkowsky, Edwards Angell Palmer & Dodge LLP, and Adjunct Fellow, Center for Law and Counterterrorism

10:00 to 11:30 a.m.
Panel One: National Security

  • Mr. Steven G. Bradbury, Partner, Dechert LLP, former Acting Assistant Attorney General, Office of Legal Counsel
  • Col. Gary D. Brown, U.S. Air Force, Staff Judge Advocate, United States Cyber Command
  • Mr. Shane Harris, Senior Writer, The Washingtonian
  • Prof. Jeremy A. Rabkin, George Mason Law School
  • Moderator: Mr. Paul Rosenzweig, Principal, Red Branch Law and Consulting, former Deputy Assistant Secretary for Policy, and former Acting Assistant Secretary for International Affairs, Department of Homeland Security

Steptoe and Johnson LLP
Washington, DC



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Predator Drones, Targeted Killings and the Law of Armed Conflict 4-19-11

Victor Hansen, Michael W. Lewis, Lawrence Friedman, Christopher Chadzutko Author: The Federalist Society
1 2011 Jul, 17:05:12


New England Student Chapter
The following audio and video were recorded on March 22, 2011.

Does the President have the legal authority to target a U.S. citizen? May unmanned aerial vehicles (UAWs) be used to target individuals in sovereign nations other than Iraq or Afghanistan (such as Yemen and Pakistan)? How do UAWs fit within the scope of the law of armed conflict and international humanitarian law? The New England Student Chapter hosted this event on April 19, 2011.

Featuring:

  • Prof. Victor Hansen, New England Law | Boston
  • Prof. Michael W. Lewis, Ohio Northern University College of Law
  • Moderator: Prof. Lawrence M. Friedman, New England Law | Boston
  • Introduction: Mr. Christopher Chadzutko, President, New England Student Chapter

New England Law | Boston
Boston, MA



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Should U.S. Courts Ignore International Law? 3-22-11

David Moore, Christopher Chadzutko Author: The Federalist Society
30 2011 Jun, 21:46:23


New England Student Chapter
The following audio and video were recorded on March 22, 2011.

In recent years a controversy has developed over the role that foreign and international law should play in American courts. Should consideration of such law be banned outright or does it have its place? The New England Student Chapter hosted this event on March 22, 2011.

Featuring:

  • Prof. David Moore, Brigham Young University Law School
  • Introduction: Mr. Christopher Chadzutko, President, New England Student Chapter

New England Law | Boston
Boston, MA



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School Choice, Religious Freedom, and the Constitution(s) 6-9-11

Richard W. Garnett, Brian J. Paul Author: The Federalist Society
29 2011 Jun, 20:49:40


The Indianapolis Lawyers Chapter
The following audio was recorded on June 9, 2011.

Richard W. Garnett

Featuring:

  • Prof. Richard W. Garnett, Associate Dean and Professor of Law, University of Notre Dame Law School
  • Introduction: Mr. Brian J. Paul, Partner, Ice Miller LLP and President, Indianapolis Lawyers Chapter

Conrad Indianapolis
Indianapolis, IN



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The First Amendment Online: Search, Privacy & Personalization 6-9-11

Richard A. Epstein, James Grimmelmann, Jonathan Masur, Berin Szoka, Diane P. Wood, Trevor K. Copeland Author: The Federalist Society
28 2011 Jun, 22:49:11


The Chicago Lawyers Chapter and the Corporations, Securities and Antitrust, Intellectual Property and Telecommunications Practice Groups
The following audio and video were recorded on June 9, 2011.

The First Amendment Online: Search, Privacy & PersonalizationCongress is aflutter with online privacy bills, while arguments for regulating search engines, social networks and other online service providers are gaining traction with consumer protection and competition agencies. Yet policymakers seem to have given little attention to how interventions to protect privacy or competition will affect speech online. Our expert panel will discuss how the First Amendment applies to search engines and the personalization of online services, content and advertising based on user data—once abstract questions that are increasingly becoming central to our culture and economy.

Among other questions, the panel will consider what qualifies as protected speech, what level of judicial scrutiny applies, and how the government can address real harms consistent with the First Amendment. In particular, we will discuss the implications of the FTC’s recent “Do Not Track†proposal and the Supreme Court’s forthcoming decision in IMS Health v Sorrell (dealing with First Amendment protection of data used in targeted marketing that has both commercial as well as non-commercial uses).

Featuring:

  • Prof. Richard A. Epstein, New York University School of Law
  • Prof. James Grimmelman, New York Law School, Institute for Information Law and Policy
  • Prof. Jonathan Masur, University of Chicago Law School
  • Mr. Berin Szoka, TechFreedom
  • Moderator: Hon. Diane P. Wood, U.S. Court of Appeals, Seventh Circuit
  • Introduction: Mr. Trevor K. Copeland, Brinks Hofer Gilson & Lione

Brinks Hofer Gilson & Lione
Chicago, IL



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Minority Religious Communities at Risk 6-15-11

Randolph Marshall Bell, Thomas F. Farr, Tad Stahnke, William L. Saunders Author: The Federalist Society
15 2011 Jun, 23:35:20


Religious Liberties Practice Group and The First Freedom Center
The following audio and video were recorded on June 15, 2011.

Minority Religious Communities at RiskMany commentators assert that there is no better measure of the human rights climate in any country than the treatment its authorities accord their minority religious communities. These small, sometimes ancient, sometimes immigrant, sometimes newly converted communities are the “canaries in the coal mine†of human rights. Attempting to exercise the freedoms of the individual human conscience guaranteed in universally recognized international covenants, Egyptian Copts, Venezuelan Jews, Ahmadiyya Muslims, Pentecostal Christians, Bahai, humanist non-believers, and numerous others in many lands suffer imprisonment, intimidation, denial of sustenance and employment, and death. Conflicts arise over the treatment of minorities: conflict prevention and conflict resolution often turn upon the credible redress of their grievances. Our panel of experts will discuss these and other issues.

Featuring:

  • Hon. Randolph Marshall Bell, President, First Freedom Center
  • Prof. Thomas F. Farr, Director, Religious Freedom Project, Berkley Center for Religion, Peace, and World Affairs, Georgetown University
  • Mr. Tad Stahnke, Director of Policy and Programs, Human Rights First
  • Moderator: Mr. William L. Saunders, Senior Vice President of Legal Affairs, Americans United for Life

National Press Club
Washington, DC



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Patent Enforcement in the 21st Century 6-1-11

Erik P. Belt, Jerry Cohen, F. Scott Kieff, Michael J. Meurer, David S. Olson, Gregory D. Cote Author: The Federalist Society
3 2011 Jun, 21:02:58


Boston Lawyers Chapter, Intellectual Property Practice Group, and Litigation Practice Group
The following audio was recorded on June 1, 2011.

Patent Enforcement in the 21st CenturyThis panel will explore the long-standing debate over remedies for patent infringement and whether and how we should reform the patent system to ensure it is functioning to promote efficient investment in innovation. From questions about granting and enforcing injunctions after eBay v. MercExchange and TiVo v. EchoStar, to the proper standards for calculating damages after the ResQnet cases regarding use of prior licenses in determining reasonable royalty rates and the Uniloc v. Microsoft decision abandoning the so-called 25% rule, our panel of experts will discuss both the legal aspects of the current debates as well as their implications and their place in the broader debate over the economic role of patents.

Featuring:

  • Mr. Erik P. Belt, McCarter & English, LLP
  • Mr. Jerry Cohen, Burns & Levinson LLP
  • Prof. F. Scott Kieff, George Washington University Law School
  • Prof. Michael Meurer, Boston University School of Law
  • Moderator: Prof. David S. Olson, Boston College Law School
  • Introduction: Mr. Gregory D. Cote, McCarter & English LLP

Omni Parker House Hotel
Boston, MA



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U.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter? 5-9-11

Phil Malone, Rick Rule, Douglas H. Ginsburg, David DeGroot Author: The Federalist Society
27 2011 May, 23:10:49


San Francisco Lawyers Chapter
The following audio and video were recorded on May 9, 2011.

U.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter? - Event Audio/VideoTen years ago, Microsoft dominated the personal computer market with its ever-expanding operating system. Today, Microsoft is still a formidable company but has re-invigorated rivals (Apple) and unforeseen ones (Google, Facebook).

Did the antitrust enforcement action by the Department of Justice and the resultant settlement make any difference to the way technology evolved? Did the consent decree have its intended results? Our panelists will discuss these questions as well as the effectiveness of antitrust remedies in the rapidly-changing world of computer and communication technology.

Panelists:

  • Prof. Phil Malone, Clinical Co-Director and Senior Fellow, Berkman Center for Internet & Society, Harvard Law School
  • Mr. Rick Rule, Partner, Cadwalader, Wickersham & Taft LLP (represented Microsoft in settlement with U.S. Department of Justice)
  • Moderator: Hon. Douglas H. Ginsburg, U.S. Court of Appeals, D.C. Circuit (sat on appellate panel for Microsoft antitrust cases)
  • Introduction: Mr. David DeGroot, Special Counsel, Sheppard Mullin Richter & Hampton LLP and President, San Francisco Lawyers Chapter

Bingham McCutchen
San Francisco, CA



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Do We Trust Judges Too Much? Did the Framers??? 10-6-10

David F. Forte, Bruce K. Miller, Howard I. Kalodner, Isaac Mass Author: The Federalist Society
20 2011 May, 20:45:54


Western New England Student Chapter
The following audio and video were recorded on October 6, 2010.

On October 6, 2010, the Western New England Student Chapter of the Federalist Society hosted this debate on judges and trust.

Panelists:

  • Prof. David Forte, Cleveland State University, Cleveland-Marshall College of Law
  • Prof. Bruce Miller, Western New England College School of Law
  • Moderator: Dean Howard Kalodner, Western New England College School of Law
  • Introduction: Mr. Isaac Mass, President, Western New England Student Chapter

Western New England College School of Law
Springfield, MA



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The Supreme Court and the Nature of Man 11-11-10

Edith H. Jones, Meredith J. Duncan Author: The Federalist Society
19 2011 May, 19:59:14


Houston Student Chapter
The following audio and video were recorded on November 11, 2010.

On November 11, 2010, the Houston Student Chapter of the Federalist Society hosted this event featuring Chief Judge Edith Jones of the United States Court of Appeals for the Fifth Circuit?.

Featuring:

  • Hon. Edith H. Jones, Chief Judge, U.S. Court of Appeals, Fifth Circuit
  • Introduction: Prof. Meredith J. Duncan, University of Houston Law Center

University of Houston Law Center
Houston, TX



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The Impact of Judicial Activism on the Moral Character of Citizens 10-28-10

Ilya Shapiro, Fred Smith, James Phillips Author: The Federalist Society
19 2011 May, 17:14:23


UC Berkeley Student Chapter
The following audio and video were recorded on October 28, 2010.

On October 28, 2010, the UC Berkeley Student Chapter of the Federalist Society hosted this debate on judicial activism.

Panelists:

  • Mr. Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute
  • Prof. Fred Smith, University of California Berkeley School of Law
  • Introduction: Mr. James Phillips, President, UC Berkeley Student Chapter

University of California Berkeley School of Law
Berkeley, CA



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Hydrocracking and Shale Drilling: A Discussion on Natural Gas Drilling and Its Implications on the Economy, the Environment and the Law 3-8-11

Peter J. Cambs, Christine A. Fazio, Michael Joy, David Kupfer, Addie Bendory Author: The Federalist Society
5 2011 May, 22:37:54


Fordham Student Chapter
The following audio and video were recorded on March 8, 2011.

On March 8, 2011, the Fordham Student Chapter of the Federalist Society hosted this panel discussion on natural gas drilling.

Panelists:

  • Peter J. Cambs, The Cambs Law Firm LLP and Senior Litigation Counsel, Parker Waichman Alonso LLP
  • Christine A. Fazio, Partner, Carter Ledyard & Milburn LLP
  • Michael Joy, Partner, Lipman, Biltekoff & Joy LLP
  • Introduction: David Kupfer, Vice President, Fordham Student Chapter
  • Introduction: Mr. Addie Bendory, President, Fordham Student Chapter

Fordham University School of Law
New York, NY



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Debate on Obamacare 3-10-11

Jesse H. Choper, Richard A. Epstein Author: The Federalist Society
5 2011 May, 17:47:00


California-Berkeley Student Chapter
The following audio was recorded on March 10, 2011.

Jesse Choper Richard Epstein

Featuring:

  • Prof. Jesse H. Choper, Earl Warren Professor of Public Law, University of California School of Law
  • Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law

University of California Berkeley School of Law
Berkeley, CA



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Domestic & Legal Issues Arising from American Intervention in Libya 4-6-11

Andrew Kent, Thomas H. Lee, Robert F. Turner, Eric Jensen, Addie Bendory Author: The Federalist Society
2 2011 May, 20:16:09


International & National Security Law Practice Group and Fordham Student Chapter
The following audio and video were recorded on April 6, 2011.

On April 6, 2011, the Fordham Student Chapter of the Federalist Society and the Federalist Society's International & National Security Law Practice Group co-hosted this panel discussion.

Panelists:

  • Prof. Andrew Kent, Fordham University School of Law
  • Prof. Thomas H. Lee, Fordham University School of Law
  • Prof. Robert F. Turner, University of Virginia School of Law
  • Moderator: Prof. Eric Jensen, Fordham University School of Law
  • Introduction: Mr. Addie Bendory, President, Fordham Student Chapter

Fordham University School of Law
New York, NY



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New Conscience Regulations from the Department of Health & Human Services: Do They Strike the Right Balance Between Conscience and the Medical Profession? 4-14-11

M. Gregg Bloche, Farr A. Curlin, Robert A. Destro, Jessie Hill, Mark L. Rienzi Author: The Federalist Society
18 2011 Apr, 22:25:43


Religious Liberties Practice Group and Georgetown Student Chapter
The following audio and video were recorded on April 14, 2011.

New Conscience Regulations from the Department of Health & Human Services: Do They Strike the Right Balance Between Conscience and the Medical Profession?The protection of conscience for health care providers has, in some arguments, been pitted against the right of an individual to receive a health care product or service. This past February, the Obama Administration revised earlier conscience clause regulations enacted by the U.S. Department of Health and Human Services during the Bush Administration. What are the practical implications of these revised regulations? How will the federal government now handle complaints filed by health care providers who allege that they have been compelled to violate their moral or religious beliefs? These and other questions will be addressed by our panel of experts.

Panelists:

  • Dr. M. Gregg Bloche, Co-Director, Georgetown-Johns Hopkins Joint Program in Law and Public Health, Georgetown University Law Center
  • Dr. Farr A. Curlin, Assistant Professor of Medicine, Section of General Internal Medicine, MacLean Center for Clinical Medical Ethics, University of Chicago Medical Center
  • Prof. Robert A. Destro, The Catholic University of America Columbus School of Law
  • Prof. B. Jessie Hill, Case Western Reserve University School of Law
  • Moderator: Prof. Mark L. Rienzi, The Catholic University of America Columbus School of Law

Georgetown University Law Center
Washington, DC



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The Future of Judicial Selection in Iowa 2-22-11

Guy R. Cook, Chris Hagenow, Kurt Swaim, Stephen J. Ware, O. Kay Henderson, Adam C. Gregg Author: The Federalist Society
13 2011 Apr, 21:52:30


On February 22, 2011, the Iowa Lawyers Chapter hosted this event on "The Future of Judicial Selection in Iowa" at the Iowa State Bar Association Headquarters. Panelists included Guy Cook, Elected Commissioner for the Iowa State Judicial Nominating Commission and Senior Partner at Grefe & Sidney, P.L.C.; Rep. Chris Hagenow of the House Judiciary Committee and Partner at Whitaker Hagenow GBMG; Rep. Kurt Swaim, Ranking Member of the House Judiciary Committee and Partner at Swaim Law Firm; Prof. Stephen J. Ware of the University of Kansas School of Law; and O. Kay Henderson, News Director and Chief Statehouse Correspondent for Radio Iowa, as the moderator. Introduction by Adam C. Gregg of BrownWinick and Vice President of the Iowa Lawyers Chapter.

Download File - 98.9 MB
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The Patient Protection and Affordable Care Act 3-10-11

Doug Bandow, James J. Woodruff Author: The Federalist Society
8 2011 Apr, 17:37:30


On March 10, 2011, the Jacksonville Lawyers Chapter and the Florida Coastal Student Chapter co-hosted an event featuring Doug Bandow of the Cato Institute. The topic of Mr. Bandow's discussion was "The Patient Protection and Affordable Care Act". Prof. James Woodruff of Florida Coastal School of Law gave the introduction.

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The Future of Regulatory Review 3-21-11

Ronald A. Cass, E. Donald Elliott, Sally Katzen, Jeffrey Lubbers, A. Raymond Randolph Author: The Federalist Society
22 2011 Mar, 23:21:17


On January 18, President Obama announced through a Wall Street Journal opinion piece that he would issue an executive order that would begin a review to "make sure we avoid excessive, inconsistent and redundant regulation" and would review "the rules already on the books to remove outdated regulations that stifle job creation and make our economy less competitive." The Op-ed is available here. This was followed by the release of the Executive Order, available here. Our panel of experts will examine and discuss the new direction outlined by the Administration. Panelists include Hon. Ronald A. Cass of Cass & Associates, PC; Hon. E. Donald Elliott of Willkie Farr & Gallagher LLP; Hon. Sally Katzen of Podesta Group; Prof. Jeffrey S. Lubbers of the American University Washington College of Law; and Judge A. Raymond Randolph of the U.S. Court of Appeals for the District of Columbia Circuit as the moderator.

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Attorney General Selection in Tennessee 3-3-11

Mae Beavers, Paul Summers, J. Ammon Smartt, W. Justin Adams Author: The Federalist Society
16 2011 Mar, 17:33:53


The Nashville Lawyers Chapter hosted this panel discussion on "Attorney General Selection in Tennessee" on March 3, 2011. Speakers included Senator Mae Beavers of the Tennessee State Senate; Hon. Paul Summers of Waller Lansden Dortch & Davis LLP and Former Tennessee Attorney General; Mr. Ammon Smartt of Waller Lansden Dortch & Davis LLP and Author of "A Report on Tennessee Attorney General Selection"; and Mr. Justin Adams of Trauger & Tuke as the moderator.

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Honest Services Fraud: What's Left? 3-9-11

John Elwood, Ronald S. Safer, Brian J. Murray, Gil Soffer Author: The Federalist Society
14 2011 Mar, 20:53:21


Last year, in its "Honest Services Cases" the Supreme Court purported to confine the statute making it a crime to defraud another of "the intangible right to honest services" to the "core offenses" of bribery and kickbacks, discarding conflict of interest and breach of fiduciary duty as bases for prosecution. Has the Court succeeded? Is "bribery" in public corruption cases still too vague a concept to eliminate prosecutions that risk turning politics into a crime? What are the federalism implications of such prosecutions? Does the honest services statute have any remaining utility in the commercial context? Does it have any utility at all, or do other criminal statutes prohibiting bribery, public program fraud, extortion, and kickbacks fulfill its goals? Panelists included Mr. John Elwood of Vinson & Elkins & former Assistant Solicitor General of the United States; Mr. Ronald Safer of Schiff Hardin LLP and co-counsel in US v. Conrad Black et al.; Mr. Brian Murray of Jones Day and petitioner's counsel in Weyhrauch v. United States; and Mr. Gil Soffer, of Katten Muchin Rosenman & former Deputy Assistant Attorney General of the United States as the moderator.

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Economic Uncertainty and the Role of the Courts 2-26-11

Paul G. Mahoney, Paul B. Stephan, Todd J. Zywicki, Diane S. Sykes, Joseph D'Agostino Author: The Federalist Society
9 2011 Mar, 21:54:01


This panel will assess the role of the courts in an uncertain economic climate. Given the financial troubles plaguing the United States, how much emphasis should the judiciary place on the constitutional protection of private property? In a difficult economic climate, should a judge's empathy for those in financial distress affect his rulings? If a state defaults on its obligations, what is the appropriate role of the courts? Should a refusal to pay constitute a violation of the Takings Clause? On a broader level, to what extent do interpretive methods have financial consequences? How much stock do investors put in stability in judicial reasoning when choosing where to place their money? Does our current law protect private property too much or not enough to maximize social utility, and should that be the standard by which we judge the legal protection of property rights? Does the experience of other countries offer any lessons in this area? The Federalist Society's Student Division presented this panel at the 2011 Annual Student Symposium on February 26, 2011. Panelists included Dean Paul G. Mahoney of the University of Virginia School of Law; Prof. Paul Stephan of the University of Virginia School of Law; Prof. Todd Zywicki of George Mason University School of Law; and Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit as the moderator. Introduction by Mr. Joseph D'Agostino, Speakers and Panels Vice Chair for the University of Virginia Federalist Society.

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The Welfare State and American Exceptionalism 2-26-11

William P. Marshall, Jeremy A. Rabkin, Neomi Rao, Brett M. Kavanaugh, Matthew Glover Author: The Federalist Society
9 2011 Mar, 20:24:00


With the recent passage of President Barack Obama's health care legislation, it is time to reassess whether it is possible to have a welfare state that meshes with the American constitutional tradition. Is the enduring presence of government entitlements antithetical to our system of government or is there a way to accommodate these programs without changing the historical American relationship between the individual and the government? Will the growing role of government in the United States cause the country to increasingly mirror Europe or can the nation chart an alternate course? If the latter, what would it look like? Does the U.S. Constitution's relative lack of positive rights compared to its counterparts around the world pose problems for proponents of an American welfare state? Is the American suspicion toward state entitlements the product of a longstanding philosophical commitment or the result of historical contingency? Are there currently any constitutional limits on the growth of the welfare state? Should there be? The Federalist Society's Student Division presented this panel at the 2011 Annual Student Symposium on February 26, 2011. Panelists included Prof. William P. Marshall of the University of North Carolina School of Law; Prof. Jeremy Rabkin of George Mason University School of Law; Prof. Neomi Rao of George Mason University School of Law; and Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit as the moderator. Introduction by Mr. Matthew Glover, Speakers and Panels Vice Chair for the University of Virginia Federalist Society.

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The U.S. Financial Crisis: Causes and Consequences 2-26-11

John A. Allison, Howard Husock Author: The Federalist Society
4 2011 Mar, 22:36:52


Many politicians have blamed business for the current recession, leading to additional measures by the U.S. government to regulate the market. Some critics argue that the Federal Reserve's missteps in managing the monetary system created an economic bubble. That bubble pervaded the real estate market in part through relaxed lending standards promulgated by the government-sponsored enterprises Freddie Mac and Fannie Mae. When the bubble inevitably deflated, the crisis spread to the general economy, resulting in high unemployment and negative or slow economic growth. But will the measures the government took to stem the crisis and regulate the market reduce economic growth in the long term? John Allison will outline the fundamental economic and philosophical solutions to these problems in his presentation. The Federalist Society's Student Division hosted this speech at the 2011 Annual Student Symposium on February 26, 2011. Mr. Howard Husock, Vice President for Policy Research at the Manhattan Institute, gave the introduction.

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Federalism and Interstate Competition 2-26-11

Jonathan H. Adler, Clayton Gillette, John O. McGinnis, Louis Michael Seidman, Gregory G. Katsas, Lauren Prieb Author: The Federalist Society
4 2011 Mar, 20:30:29


This panel will assess American federalism as a competitive institution that offers a marketplace of state regulatory regimes. With the recession impacting some states more heavily than others, it is time to ask whether interstate competition is good for the nation. Should state-by-state approaches to issues such as healthcare, financial regulation, environmental protection, and same-sex marriage be encouraged? Does competition among the states lead to the best outcome or a race to the bottom? How will events such as the recent recession and healthcare reform impact the marketplace of state regulation? The Federalist Society's Student Division presented this panel at the 2011 Annual Student Symposium on February 26, 2011. Panelists included Prof. Jonathan Adler of Case Western Reserve University School of Law; Prof. Clayton Gillette of New York University School of Law; Prof. John McGinnis of Northwestern University School of Law; Prof. Louis Michael Seidman of Georgetown University Law Center; and Hon. Gregory G. Katsas, Partner at Jones Day, as the moderator. Introduction by Miss Lauren Prieb, Speakers and Panels Vice Chair for the University of Virginia Federalist Society.

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Economic Theory, Civic Virtue and the Meaning of the Constitution 2-25-11

James W. Ely, Renee Lettow Lerner, Nelson Lund, G. Edward White, J. Harvie Wilkinson III, Brinton Lucas Author: The Federalist Society
3 2011 Mar, 22:06:36


Justice Holmes' dissent in Lochner v. New York is well-known for the statement, "[A] constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire." But is this belief consistent with the original Constitution? To what extent did the ideas of thinkers such as Adam Smith shape the founders' understanding of human nature and public virtue? In what ways do their economic and philosophical commitments continue to shape our constitutional government today? Are capitalism and a commitment to civic virtue complementary or antagonistic? Does the Constitution promote a virtuous citizenry or is it simply a set of political structures that can accommodate a pluralistic society? At a time when the virtues of capitalism are often called into question, it will be useful to examine the precise place of this theory in the foundational structures of our government. The Federalist Society's Student Division presented this panel at the 2011 Annual Student Symposium on February 25, 2011. Panelists included Prof. James Ely of Vanderbilt University Law School; Prof. Renee Lettow Lerner of The George Washington University Law School; Prof. Nelson Lund of George Mason University School of Law; Prof. G. Edward White of the University of Virginia School of Law; and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. Introduction by Mr. Brinton Lucas, Symposium Vice Chair for the University of Virginia Federalist Society.

Download File - 102.8 MB
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Economic Freedoms and the Constitution 2-25-11

Ben Massey, Lillian R. BeVier, Randy E. Barnett, Jeffrey Rosen, Debra Ann Livingston, Devin DeBacker Author: The Federalist Society
2 2011 Mar, 23:24:45


Since West Coast Hotel Co. v. Parrish and the end of the Lochner Era, the Supreme Court has adhered to the belief that "[t]he Constitution does not speak of freedom of contract." But is this commitment consistent with an original understanding of the Constitution? This panel will address whether the Constitution permits the extensive state regulation of economic affairs. Even if Lochner as a decision was illegitimate, has the Supreme Court retreated too far in protecting economic liberties from state interference? Is the Constitution a thoroughly libertarian document or is it compatible with a high degree of state regulation? Does either understanding come with any limiting principles? If so, what is their source? In any event, is it desirable for a constitution to constrain the power of the state in the area of redistribution and economic regulation? The Federalist Society's Student Division presented this panel at the 2011 Annual Student Symposium on February 25, 2011. Opening remarks were delivered by University of Virginia Federalist Society President Ben Massey and Prof. Lillian R. BeVier of the University of Virginia School of Law. Panelists included Prof. Randy Barnett of Georgetown University Law Center; Prof. Jeffrey Rosen of The George Washington University Law School; and Judge Debra Ann Livingston of the U.S. Court of Appeals for the Second Circuit as the moderator. The Panel was introduced by Mr. Devin DeBacker, Speakers and Panels Vice Chair for the University of Virginia Federalist Society.

Download File - 95.5 MB
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