Federalist Society Audio Podcast
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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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Shakespeare and the Law: Othello and Racial Politics in America - Part 2 - 5-4-09
info@fed-soc.org
Author: The Federalist Society
2 2009 Jun, 20:25:25
The event, held on May 4, 2009, is the ninth in the series "Shakespeare and the Law," produced by the Boston Lawyers Chapter of the Federalist Society, in conjunction with Commonwealth Shakespeare Company. The event is directed by CSC's Artistic Director Steven Maler and produced by McCarter & English partner Daniel J. Kelly. The Massachusetts Bar Association and McCarter & English, LLP serve as a co-sponsors of the event. Part 1 of this event features prominent judges, public officials and members of the bar performing a staged reading of an abridged version of a Shakespeare work. Part 2 features a discussion of the legal and political issues addressed in the play and their application to today's headlines. The host and moderator for this year's Shakespeare and the Law event is Ralph F. Boyd, Jr, Chairman and CEO of the Freddie Mac Foundation and former head of the U.S. Department of Justice's Civil Rights Division. For a full listing of cast and panelists, please visit http://www.fed-soc.org/publications/pubid.1457/pub_detail.asp.
 Download File - 61.8 MB
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Shakespeare and the Law: Othello and Racial Politics in America - Part 1 - 5-4-09
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Author: The Federalist Society
2 2009 Jun, 20:15:14
The event, held on May 4, 2009, is the ninth in the series "Shakespeare and the Law," produced by the Boston Lawyers Chapter of the Federalist Society, in conjunction with Commonwealth Shakespeare Company. The event is directed by CSC's Artistic Director Steven Maler and produced by McCarter & English partner Daniel J. Kelly. The Massachusetts Bar Association and McCarter & English, LLP serve as a co-sponsors of the event. Part 1 of this event features prominent judges, public officials and members of the bar performing a staged reading of an abridged version of a Shakespeare work. Part 2 features a discussion of the legal and political issues addressed in the play and their application to today's headlines. The host and moderator for this year's Shakespeare and the Law event is Ralph F. Boyd, Jr, Chairman and CEO of the Freddie Mac Foundation and former head of the U.S. Department of Justice's Civil Rights Division. For a full listing of cast and panelists, please visit http://www.fed-soc.org/publications/pubid.1457/pub_detail.asp.
Download File - 84.7 MB
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Address by Kenneth L. Wainstein 5-28-09
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Author: The Federalist Society
29 2009 May, 18:15:54
The Federalist Society's International & National Security Law Practice Group and the Heritage Foundation co-hosted this event at the Capital Visitor Center on May 28, 2009. These closing remarks were part of a conference on Counterterrorism and the Obama Administration. The address was given by The Hon. Kenneth L. Wainstein of O'Melveny & Myers LLP and former Assistant U.S. Attorney General for National Security. Introduction by Charles D. "Cully" Stimson, Senior Legal Fellow at the Center for Legal and Judicial Studies at The Heritage Foundation and former Deputy Assistant U.S. Secretary of Defense (Detainee Affairs).
Download File - 19.5 MB
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Preventing Attacks through Surveillance and Intelligence 5-28-09
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Author: The Federalist Society
29 2009 May, 18:11:55
The Federalist Society's International & National Security Law Practice Group and the Heritage Foundation co-hosted this event at the Capital Visitor Center on May 28, 2009. This event was part of a conference on Counterterrorism and the Obama Administration. Speakers included Mike German, Policy Counsel for the American Civil Liberties Union; Kate Martin, Director of the Center for National Security Studies; Prof. Nathan A. Sales, Assistant Professor of Law at George Mason University School of Law and former Deputy Assistant Secretary of the U.S. Department of Homeland Security; and The Hon. George J. Terwilliger III of White & Case LLP and former Deputy U.S. Attorney General. Moderating the panel was Stewart A. Baker of Steptoe & Johnson LLP and former Assistant Secretary for Policy at the U.S. Department of Homeland Security. Introduction by Vincent J. Vitkowsky of Edwards Angell Palmer & Dodge LLP.
Download File - 101.1 MB
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Preventing Attacks through Interrogation and Transfer of Terrorist Suspects 5-28-09
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Author: The Federalist Society
29 2009 May, 17:27:06
The Federalist Society's International & National Security Law Practice Group and the Heritage Foundation co-hosted this event at the Capital Visitor Center on May 28, 2009. This event was part of a conference on Counterterrorism and the Obama Administration. Speakers included Deborah Pearlstein, Associate Research Scholar at the Woodrow Wilson School of Public and International Affairs at Princeton University; Gabor Rona, Acting Director of Law and Security and International Legal Director of Human Rights First; The Hon. Edwin D. Williamson of Sullivan & Cromwell LLP and former Legal Adviser of the U.S. Department of State; and Benjamin Wittes, Senior Fellow of Governance Studies at the Brookings Institution. Moderating the panel was William Kristol, Founder and Editor of the The Weekly Standard. Dean Reuter, Director of Practice Groups at The Federalist Society introduced the panel.
Download File - 98.8 MB
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Detention and Trial of Terrorist Suspects 5-28-09
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Author: The Federalist Society
29 2009 May, 17:21:09
The Federalist Society's International & National Security Law Practice Group and the Heritage Foundation co-hosted this event at the Capital Visitor Center on May 28, 2009. This event was part of a conference on Counterterrorism and the Obama Administration. Speakers included Jonathan Hafetz of the American Civil Liberties Union; Elisa Massimino, Chief Executive Officer and Executive Director of Human Rights First; Andrew C. McCarthy, Senior Fellow at the National Review Institute; David B. Rivkin, Jr., Partner at Baker & Hostetler LLP; and Charles D. "Cully" Stimson, Senior Legal Fellow at the Center for Legal and Judicial Studies at The Heritage Foundation and former Deputy Assistant U.S. Secretary of Defense (Detainee Affairs). Moderating the panel was The Hon. Edwin Meese, III, Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies at The Heritage Foundation. Vincent J. Vitkowsky, Partner at Edwards Angell Palmer & Dodge LLP, introduced the panel.
Download File - 109.5 MB
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Federalism v. Anti-Federalism in the American Founding 2-17-09
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Author: The Federalist Society
27 2009 May, 23:34:17
The Ave Maria School of Law Student Chapter hosted this debate on February 17, 2009. Speakers included Dr. Mickey Craig of Hillsdale College; Professor Patrick Gillen of Ave Maria School of Law; and Steve Klein, President of the Ave Maria Student Chapter, as the moderator.
Download File - 69.8 MB
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Politics in the Pulpit 5-20-09
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Author: The Federalist Society
22 2009 May, 21:12:43
In 1954, Senator Lyndon B. Johnson of Texas introduced legislative language that changed the IRS code, prohibiting non-profits and churches from endorsing or opposing political candidates. Critics of the Johnson Amendment assert that this provision in the code -- Section 501(c)(3) -- violates the First Amendment’s Free Exercise Clause, while supporters contend the Johnson Amendment preserves the First Amendment’s Establishment Clause. -- Our panel will examine the application of the Johnson Amendment to religious ministers in their preaching duties during worship services. Does the Johnson Amendment constrain clergy from effectively imparting messages integral to their faith, or is it an appropriate safeguard to ensure that churches and government limit their respective activities? -- Panelists include Benjamin W. Bull of the Alliance Defense Fund; Professor Douglas Laycock of The University of Michigan Law School; Rev. Barry W. Lynn of Americans United for Separation of Church and State; Professor Donald B. Tobin of The Ohio State University, Michael E. Moritz College of Law; and Steffen N. Johnson of Winston & Strawn LLP as the moderator. Introduction by Erik Stanley of the Alliance Defense Fund.
Download File - 112.0 MB
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The Financial Crisis: Failure of Capitalism or Failure of Government Policy? 4-27-09
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Author: The Federalist Society
20 2009 May, 19:47:43
The New York City Lawyers Chapter held this event on April 27, 2009. Speakers included Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and author of A Failure of Capitalism: The Crisis of '08 and the Descent into Depression; Peter J. Wallison, Arthur F. Burns Fellow in Financial Policy Studies at the American Enterprise Institute and Former General Counsel of the U.S. Treasury Department; and Liz MacDonald, FOX Business Network Stocks Editor, as the moderator.
Download File - 104.6 MB
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Civil Rights in the Age of Obama 5-13-09
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Author: The Federalist Society
18 2009 May, 20:38:07
Some of President Obama’s admirers and detractors have suggested that his election as President and the Democratic majorities in Congress may usher in a new civil rights era. Whether that is so, what policies this new era might usher in, and whether those policies are wise, are all subject to a healthy and exciting debate. Congress has already passed the Lilly Ledbetter Fair Pay Act and is considering several more significant bills that concern race and gender–the Native Hawaiian Government Reorganization Act, the Local Law Enforcement Hate Crimes Prevention Act, the Fair Pay Act and the Paycheck Fairness Act. More will likely be proposed this session. What effect should policymakers give to the President’s campaign promise to move "beyond race?" What does the election of Barack Obama and the strong showing of Hillary Clinton mean for race- and gender-conscious measures to ensure equality are not necessary or justified? Do the new majorities in Congress suggest that the American people want such measures to be extended and expanded to new classes of people? What will the Supreme Court have to say about all this? Several potentially landmark cases are awaiting decision by the Supreme Court. The holdings of these cases, and how the political branches respond to them, are yet another hot topic for debate. Speakers include Mr. Roger Clegg, President and General Counsel for the Center for Equal Opportunity; Prof. Gail Heriot of the University of San Diego School of Law and Commissioner on the U.S. Commission on Civil Rights; Ms. Jocelyn Samuels, Vice President for Education and Employment at the National Women's Law Center; Prof. Theodore M. Shaw of Columbia Law School and Former Director-Counsel and President at the NAACP Legal Defense and Educational Fund, Inc.; and Mr. Todd Gaziano, Senior Legal Fellow at The Heritage Foundation and Comissioner on the U.S. Commission on Civil Rights as the moderator.
Download File - 106.5 MB
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The Economic Crisis: Wall Street, Main Street, or K Street? 10-23-08
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Author: The Federalist Society
30 2009 Apr, 21:09
:12 GMT,
The Fordham Student Chapter held this event on October 23, 2008. Speakers include Prof. Richard Epstein of the University of Chicago School of Law and Prof. Steven Thel of Fordham University School of Law.
Download File - 72.1 MB
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Conservation without Regulation: Property-Based Environmental Protection 3-19-09
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Author: The Federalist Society
10 2009 Apr, 22:47:32
The Cincinnati Student Chapter held this event on March 19, 2009. Speakers include Prof. Jonathan Adler of Case Western University School of Law and Prof. Joseph Tomain of the University of Cincinnati College of Law.
Download File - 109.9 MB
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What Place Does Religion Have in the Public Square? 3-18-09
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Author: The Federalist Society
10 2009 Apr, 22:46:14
The George Mason Student Chapter held this event on March 18, 2009. Speakers included Dr. Jeremy Gunn of the American Civil Liberties Union and Mr. Jeff Shafer of the Alliance Defense Fund.
Download File - 52.9 MB
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The Constitution and the Importance of Interpretation: Original Meaning 3-7-09
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Author: The Federalist Society
7 2009 Apr, 20:38:10
The Louisville Lawyers Chapter co-sponsored this event with The Alexander Hamilton Historical Society of Kentucky and the League of Women Voters of Kentucky on March 7, 2009. Speakers included Judge Michael McDonald of the Kentucky Court of Appeals (retired); John Bush, President of the Louisville Lawyers Chapter of the Federlist Society; David Friedman of the American Civil Liberties Union; Dr. M. Allison Martens, Associate Professor of Political Science at the University of Louisville; and Dr. Charles Ziegler, Former Chair of Political Science at the University of Louisville as the moderator.
Download File - 136.3 MB
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Forum on Selection Methods for State Judges 3-17-09
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Author: The Federalist Society
7 2009 Apr, 15:26:21
The Dallas Lawyers Chapter held this event on March 17, 2009. Speakers included Chief Justice Wallace Jefferson of the Texas Supreme Court, Hon. Harold See of the Alabama Supreme Court (retired), and Mr. Dan Morenoff of K&L Gates and President of the Dallas Lawyers Chapter as the moderator.
Download File - 73.1 MB
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Reprivatizing Credit Risk: Where Do We Go From Here? 3-19-09
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Author: The Federalist Society
2 2009 Apr, 17:21:54
After discussing the extent to which credit risk has been nationalized directly or indirectly through loans or credit guarantees provided by various federal agencies (Treasury, the Fed, the FDIC, the GSEs, etc.), the panel will discuss specific options for denationalizing credit risk through the termination of credit guarantees, the run-off of lending by Treasury and the Fed, the privatization or liquidation of Fannie and Freddie, and regulatory and statutory changes which could spur increased saving and the resumption of lending by private-sector financial intermediaries in a manner that is much less likely to lead to another financial crisis. --- Panelists include Representative Jeb Hensarling of the 5th District of Texas; Mr. David Berenbaum, Executive Vice President of the National Community Reinvestment Coalition; Mr. John C. Weicher, Director of the Center for Housing and Financial Markets at the Hudson Institute; Mr. Alex Pollock, Resident Fellow at the American Enterprise Institute; and Hon. Ronald A. Cass, President of Cass & Associates, PC as the moderator.
Download File - 93.4 MB
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How Did We Get into the Mess We Are in Today? 3-19-09
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Author: The Federalist Society
2 2009 Apr, 17:16:18
Presentation by Bert Ely of a paper titled: "Bad Rules Produce Bad Outcomes: Underlying Public Policy Causes of the U.S. Financial Crisis." The paper first discusses those aspects of behavioral economics that relate to the financial crisis. The paper then discusses numerous public policy causes (eleven at last count) of the crisis and offers specific recommendations for ameliorating those causes. Ely asserts that causes include the Internal Revenue Code, which incents overleveraging and undersaving; banking regulation, specifically regulatory capital requirements; fair-value accounting; the First Amendment protection the credit-rating agencies enjoy; the role the housing GSEs play in mortgage finance; mispriced deposit insurance; the overpromotion of home ownership (including criticism of CRA); the residual effects of Glass-Steagall; monetary policy; the existence of OTC credit-default swaps where there is no insurable interest; and FDIC regulations which discourage the use of covered bonds to finance fixed-rate mortgages and other long-life financial assets. A panel of experts will respond to the presentation. --- Panelists include Mr. Bert Ely, President of Ely & Company; Mr. James H. Carr, Chief Operating Officer of the National Community Reinvestment Coalition; Prof. Timothy Canova, Associate Dean for Academic Affairs at Chapman University School of Law; Hon. Wayne Abernathy, Executive Vice President of Financial Institutions Policy and Regulatory Affairs at the American Bankers Association; and Mr. Craig L. Hymowitz of Blank Rome LLP as the moderator.
Download File - 101.8 MB
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The Founders' Intent, Constitutional Provisions, and Limits on Spending Power and Delegation 3-19-09
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Author: The Federalist Society
2 2009 Apr, 17:10:42
Article I of the Constitution provides that the legislative powers granted by the Constitution are vested in the Congress. As a result, basic lawmaking policy decisions must be made by Congress and cannot be delegated either to an executive branch agency or to the private sector. There must be an "intelligible principle" in the legislation to guide the actions of those who would implement the law. But are there such restrictions on the power of the Treasury Secretary in deciding how to spend the bailout funds? --- Another less noted constitutional problem surrounds actions by the Federal Reserve to spend trillions of dollars off budget, as it were. The Fed’s quasi-governmental status is itself arguably an issue of some constitutional concern. Article I, section 8 of the Constitution specifies that Congress has the power to borrow money on the credit of the United States and to coin money and regulate the value thereof. And Article I, section 9 expressly provides that "No Money shall be drawn from the Treasury, but on Consequence of Appropriations made by law." Should the Fed be able to spend money backed by the full faith and credit of the United States, without an appropriation from Congress? --- Finally, there is the long-ignored requirement that Congress can spend tax revenues only for purposes of the "common defense" and "general welfare." While our common discourse today might view a massive bailout of the financial services industry (or of the automobile industry or the various states and cities) as serving the general welfare, did the founders have something distinctly different in mind when they chose that language, namely, to limit Congress’s spending power to matters of national welfare as opposed to regional or local welfare (or as opposed to the welfare of a particular sector of the economy)? --- These matters warrant much greater attention and deliberation than they received at the time, but it is never too late to consider the constitutionality of actions by the government. --- Panelists include Dr. John Eastman, Dean of Chapman University School of Law, Prof. Louis Michael Seidman, Carmack Waterhouse Professor of Constitutional Law at the Georgetown University Law Center, and Hon. Wayne Abernathy, Executive Vice President of Financial Institutions Policy and Regulatory Affairs at the American Bankers Association as the moderator.
Download File - 79.7 MB
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Regulation by Litigation: Boon or Bane? 3-17-09
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Author: The Federalist Society
20 2009 Mar, 16:43:54
Federal regulators, state attorneys general and plaintiffs attorneys increasingly rely upon litigation to impose regulatory constraints on private businesses. Through such "regulation by litigation' government officials and private attorneys bypass traditional processes and reorient regulatory priorities. In a new book, Regulation by Litigation (Yale University Press), Andrew Morriss, Bruce Yandle, and Andrew Dorchak argue that such "regulation by litigation" is attractive to regulators and activists because it provides an inappropriate and undemocratic shortcut to imposing regulatory burdens on private firms, and needs to be curbed. Others argue that regulation by litigation is an important regulatory tool that can help control corporate abuses and encourage the adoption of needed consumer protections. Why is regulation by litigation on the rise? Is regulation by litigation a problem? And, if so, how can it be controlled? Join the authors and prominent legal commentators for an exploration of these and related questions. Speakers include Prof. Andrew P. Morriss of the University of Illinois, Urbana-Champaign, Prof. Bruce Yandle of Clemson University, Andrew Dorchak of Case Western Reserve University School of Law Library, Prof. David C. Vladeck of Georgetown University Law Center and formerly with Public Citizen Litigation Group, Roger Martella, Jr., of Sidley Austin LLP and former General Counsel for the Environmental Protection Agency, and Prof. Jonathan H. Adler of Case Western Reserve University School of Law as the moderator.
Download File - 106.2 MB
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War Powers and the Executive 2-28-09
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Author: The Federalist Society
18 2009 Mar, 22:42:33
The Federalist Society's Student Division presented this panel at the 2009 Annual Student Symposium on February 28, 2009. Panelists included Hon. John R. Bolton, former U.S. Ambassador to the United Nations, Prof. Curtis A. Bradley of Duke University Law School, Prof. Michael Paulsen of University of St. Thomas Law School, Prof. Christopher Schroeder of Duke University Law School, and Judge Debra Ann Livingston of the U.S. Court of Appeals for the Second Circuit as the moderator.
Download File - 127.0 MB
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The Administrative State and the Constitution 2-28-09
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Author: The Federalist Society
18 2009 Mar, 22:37:05
The Federalist Society's Student Division presented this panel at the 2009 Annual Student Symposium on February 28, 2009. Panelists included Prof. Cynthia R. Farina of Cornell Law School, Prof. John Harrison of University of Virginia School of Law, Prof. Gary S. Lawson of Boston University Law School, Prof. Thomas W. Merrill of Yale Law School, Prof. Peter M. Shane of Ohio State University’s Moritz College of Law, and Professor Jonathan R. Macey of Yale Law School as the moderator.
Download File - 122.3 MB
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Confirmation Battles and Presidential Nominations 2-28-09
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Author: The Federalist Society
18 2009 Mar, 22:23:47
The Federalist Society's Student Division presented this panel at the 2009 Annual Student Symposium on February 28, 2009. Panelists included Ms. Nan Aron of the Alliance for Justice, Hon. Rachel Brand of WilmerHale and former Assistant Attorney General for Legal Policy, Prof. Stephen Carter of Yale Law School, Prof. John O. McGinnis of Northwestern University Law School, and Judge Sonia Sotomayor of the U.S. Court of Appeals for the Second Circuit as the moderator.
Download File - 114.5 MB
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Is the Separation of Powers Principle Exportable? 2-27-09
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Author: The Federalist Society
18 2009 Mar, 22:14:38
The Federalist Society's Student Division presented this panel at the 2009 Annual Student Symposium on February 27, 2009. Opening remarks were delivered by Yale Law School Symposium Director Rebekah Perry and Dean Harold Hongju Koh of Yale Law School. Panelists included Prof. Steven G. Calabresi of Northwestern University Law School, Prof. Oona Hathaway of UC Berkeley School of Law, Prof. Juan Linz of Yale University Dept. of Political Science, Prof. Jide Nzelibe of Northwestern University Law School, and Judge José A. Cabranes of the U.S. Court of Appeals for the Second Circuit as the moderator.
Download File - 120.9 MB
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The War on Terror: Litigation Update 2-24-09
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Author: The Federalist Society
24 2009 Feb, 22:48:19
Amidst numerous pending war-on-terror-related court cases, ranging from the upcoming Supreme Court's consideration of the case of Ali Saleh Kahlah al-Marri (Al-Marri v. Pucciarelli), to the case involving the Uighurs, to the various district court and courts of appeal cases, how the Obama Administration will handle these matters remains unclear. These cases implicate a full panoply of substantive and procedural issues: Does the laws of war paradigm apply to al Qaeda members like Mr. al-Marri, who were lawfully present in the United States at the time they were apprehended? What are the proper circumstances in which to invoke the state's secrets doctrine? What legal architecture will the United States use in the years ahead while prosecuting war against a resolute and difficult foe? While some changes to the Bush Administration's policies are probably inevitable, should the Obama Administration retain the key elements of the existing U.S. war-on-terror-related strategies? Will the new administration's policies remain grounded in the laws of war, or will they switch to a pre-September 11 law enforcement paradigm? These and other questions will be addressed by our panel of experts. Panelists include Mr. David B. Rivkin, Jr., Partner at Baker & Hostetler LLP, Mr. Charles "Cully" D. Stimson, Senior Legal Fellow at The Heritage Foundation's Center for Legal and Judicial Studies, and Hon. Edwin Meese, III, Chairman of The Heritage Foundation's Center for Legal and Judicial Studies, as the moderator.
Download File - 17.9 MB
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A Conversation on Climate Change Policy: A Look Ahead at 2009 2-19-09
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Author: The Federalist Society
24 2009 Feb, 00:58:22
The Federalist Society and The Vanderbilt Climate Change Research Network present, "A Conversation on Climate Change Policy: A Look Ahead at 2009," with Professor Michael Vandenbergh, an advocate of comprehensive federal and international climate change regulation including a cap-and-trade system, and Professor Jonathan Adler, an advocate of a carbon tax system for addressing greenhouse gas emissions.
Download File - 18.5 MB
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International Law and Indian Law 1-24-09
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Author: The Federalist Society
13 2009 Feb, 23:21:21
This panel discussion took place on January 24, 2009, at the Federalist Society's Third Annual Western Conference at The Ronald Reagan Presidential Library in Simi Valley, CA. Panelists included Walter Olson of the Manhattan Institute for Policy Research, Prof. Maimon Schwarzschild of the University of San Diego School of Law, and Judge Carlos Bea of the U.S. Court of Appeals for the Ninth Circuit.
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Luncheon Address with Kenneth Starr 1-24-09
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Author: The Federalist Society
13 2009 Feb, 23:17:01
This luncheon address took place on January 24, 2009, at the Federalist Society's Third Annual Western Conference at The Ronald Reagan Presidential Library in Simi Valley, CA. The address was delivered by the Honorable Kenneth W. Starr, Dean of Pepperdine University Law School. Introduction by John Fund of the The Wall Street Journal.
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How Comfortably Does Tribal Sovereignty Fit With American Democratic Ideals? 1-24-09
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Author: The Federalist Society
13 2009 Feb, 23:17:00
This panel discussion took place on January 24, 2009, at the Federalist Society's Third Annual Western Conference at The Ronald Reagan Presidential Library in Simi Valley, CA. Panelists included Prof. Carole Goldberg of UCLA School of Law, Dan Kolkey of Gibson, Dunn, & Crutcher LLP, Joe Matel, Legislative Counsel for the Senate Judiciary Committee, Hon. Tom Sansonetti of Holland & Hart LLP, Prof. Alexander Tallchief Skibine of University of Utah College of Law, and Judge Diarmuid O'Scannlain of the U.S. Court of Appeals for the Ninth Circuit as the moderator. Introduction by Eugene B. Meyer, President of the Federalist Society.
Download File - 25.3 MB
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The Road Ahead for Climate Change Regulation 1-9-09
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Author: The Federalist Society
6 2009 Feb, 00:50:44
This panel discussion took place on January 9, 2009, at the Federalist Society's 11th Annual Faculty Conference in San Diego. Panelists included Prof. Jonathan Adler of Case Western Reserve University School of Law, Prof. Jason Johnston of the University of Pennsylvania School of Law, Prof. David Dana of Northwestern University School of Law, and Prof. Sean Hecht of UCLA.
Download File - 24.8 MB
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When should FDA Regulation Preempt State Tort Liability? 1-9-09
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Author: The Federalist Society
6 2009 Feb, 00:49:37
This debate took place on January 9, 2009, at the Federalist Society's 11th Annual Faculty Conference in San Diego. Panelists included Prof. Richard Epstein of the University of Chicago School of Law, Prof. Roderick Hills of New York University School of Law, and Prof. John McGinnis of Northwestern University School of Law as the moderator.
Download File - 16.6 MB
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Guantanamo Bay: The Problem of Judicial Review Post-Boumediene 1-9-09
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Author: The Federalist Society
6 2009 Feb, 00:48:31
This panel discussion took place on January 9, 2009, at the Federalist Society's 11th Annual Faculty Conference in San Diego. Panelists included Dean Erwin Chemerinsky of the University of California, Irvine School of Law, Prof. Michael Ramsey of the University of San Diego School of Law, Prof. Kyndra Rotunda of Chapman University School of Law, Prof. Stephen Vladeck of American University Washington College of Law, and Prof. Robert Chesney of Wake Forest University School of Law as the moderator.
Download File - 23.8 MB
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Lessons of the Subprime Mortgage Crisis 1-8-09
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Author: The Federalist Society
6 2009 Feb, 00:43:27
This panel discussion took place on January 8, 2009, at the Federalist Society's 11th Annual Faculty Conference in San Diego. Panelists included Mr. Andrew Redleaf of Whitebox LLC, Prof. Thomas A. Smith of University of San Diego School of Law, Prof. Alan White of Valparaiso University, Prof. Lauren Willis of Loyola Law School, and Prof. Arthur Wilmarth of George Washington University Law School.
Download File - 26.1 MB
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The Latest in the Financial Services Crises: Government Control v. the Free Market 11-21-08
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Author: The Federalist Society
10 2008 Dec, 22:12:31
The Federalist Society's Financial Services & E-Commerce Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Mr. Bert Ely of Ely & Company, Inc., Mr. Scott M. Polakoff of the Office of Thrift Supervision at the U.S. Department of the Treasury, Mr. Alex J. Pollock of the American Enterprise Institute, Mr. Andrew Redleaf of Whitebox Advisors, LLC, Mr. John Taylor of the National Community Reinvestment Coalition, Hon. Peter J. Wallison of the American Enterprise Institute, Prof. Todd J. Zywicki of George Mason University School of Law, and Judge Douglas Ginsburg of the United States Court of Appeals for the District of Columbia Circuit as the moderator.
Download File - 23.2 MB
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The Heller Case 11-20-08
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Author: The Federalist Society
10 2008 Dec, 22:11:05
The Federalist Society's Civil Rights Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. Nelson R. Lund of George Mason University School of Law, Mr. Clark Neily of the Institute for Justice, Prof. Lucas A. Powe, Jr., of University of Texas School of Law, Prof. Adam Winkler of University of California, Los Angeles School of Law, and Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit as the moderator.
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The Disciplining of Federal Judges 11-20-08
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Author: The Federalist Society
10 2008 Dec, 22:09:50
The Federalist Society's Professional Responsibility Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. Charles Gardner Geyh of Indiana University School of Law—Bloomington, Prof. Arthur D. Hellman of University of Pittsburgh School of Law, Judge Dennis G. Jacobs of the United States Court of Appeals for the Second Circuit, and Mr. David Reinhard, formerly of The Oregonian, as the moderator.
Download File - 16.1 MB
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The International Religious Freedom Act 11-20-08
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Author: The Federalist Society
10 2008 Dec, 22:08:41
The Federalist Society's Religious Liberties Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. Thomas F. Farr of Georgetown University, Prof. Richard W. Garnett, IV of Notre Dame Law School, Dr. T. Jeremy Gunn of the American Civil Liberties Union, and Mr. William L. Saunders of the Family Research Council as the moderator.
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The 25th Anniversary of Chevron 11-22-08
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Author: The Federalist Society
9 2008 Dec, 23:25:36
The Federalist Society's Administrative Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 22, 2008. The panelists included Hon. Ronald A. Cass of Cass & Associates, PC and Dean Emeritus at Boston University School of Law, Prof. William N. Eskridge, Jr., of Yale Law School, Prof. Kristin E. Hickman of University of Minnesota Law School, Prof. Thomas W. Merrill of Yale Law School, and Hon. Eileen J. O'Connor of Pillsbury Winthrop Shaw Pittman LLP, and former Assistant Attorney General of the Tax Division at the United States Department of Justice as the moderator.
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Freedom of Speech vs. Anti-Discrimination Laws 11-21-08
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Author: The Federalist Society
9 2008 Dec, 23:24:30
The Federalist Society's Free Speech & Election Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Prof. David Bernstein of George Mason University School of Law, Prof. Andrew Koppelman of Northwestern University School of Law, Prof. Kenneth I. Marcus of Baruch College/CUNY School of Public Affairs, Prof. Eugene Volokh of University of California, Los Angeles School of Law, and Prof. Lillian R. BeVier of University of Virginia School of Law as the moderator.
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The Roberts Court and Federalism 11-21-08
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Author: The Federalist Society
9 2008 Dec, 23:23:28
The Federalist Society's Federalism & Separation of Powers Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Hon. Paul D. Clement, Former United States Solicitor General, Hon. Walter E. Dellinger III of Duke University School of Law and former Acting United States Solicitor General, Dean John C. Eastman of Chapman University School of Law, Prof. Jeffrey Rosen of George Washington University Law School, and Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit as the moderator.
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Civil Litigation under the Roberts Court 11-21-08
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Author: The Federalist Society
9 2008 Dec, 23:21:34
The Federalist Society's Litigation Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Hon. Gregory G. Katsas, Assistant Attorney General of the Civil Division for the United States Department of Justice, Mr. Robert S. Peck of the Center for Constitutional Litigation, Mr. Carter G. Phillips of Sidley Austin, Dr. Roger Pilon, Vice President for Legal Affairs, B. Kenneth Simon Chair for Constitutional Studies, and Director of the Center for Constitutional Studies at the Cato Institute, Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and Dean Kenneth W. Starr of Pepperdine University School of Law and former United States Solicitor General as the moderator.
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Labor Initiatives in the New Administration 11-21-08
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Author: The Federalist Society
9 2008 Dec, 23:19:58
The Federalist Society's Labor & Employment Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Ms. Holly B. Fechner of Covington & Burling LLP, Hon. William J. Kilberg of Gibson, Dunn & Crutcher and Former Solicitor for the United States Department of Labor, Mr. James A. Paretti of the United States House of Representatives Committee on Education & Labor, Mr. William Samuel of the AFL-CIO, and Judge Timothy M. Tymkovich of the United States Court of Appeals for the Tenth Circuit as the moderator.
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Address by Justice Antonin Scalia 11-22-08
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Author: The Federalist Society
5 2008 Dec, 00:59:51
United States Supreme Court Justice Antonin Scalia delivered this address at the 2008 National Lawyers Convention on Saturday, November 22, 2008. Introduction by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.
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Regulation of Judicial Conduct 11-22-08
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Author: The Federalist Society
5 2008 Dec, 00:57:59
Is recent congressional interest in curtailing participation of judges in conferences and educational programs a chilling effort to curtail free speech, or is it a necessary insulation of the judiciary from special interest groups and their influence? What kind of extra-judicial participation in conferences and programs ought judges be allowed to engage in? Should Congress be concerned about the amount of time some justices of the Supreme Court spend with European and other foreign jurists. What, if anything, should be done to control the foreign or domestic education programs in which federal judges participate? Panelists include Judge A. Raymond Randolph of the United States Court of Appeals for the District of Columbia Circuit, Mr. Robert F. Schiff of the United States Senate's Subcommittee on the Judiciary, Prof. Eugene Volokh of the University of California, Los Angeles School of Law, and Judge Carlos T. Bea of the United States Court of Appeals for the Ninth Circuit.
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1st Annual Rosenkranz Discussion 11-22-08
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Author: The Federalist Society
5 2008 Dec, 00:47:49
The Federalist Society's 1st Annual Rosenkranz Discussion was held on November 22, 2008. Panelists included Judge Michael W. McConnell of the United States Court of Appeals for the Tenth Circuit, Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit, and Prof. Nicholas Quinn Rosenkranz of the Georgetown University Law Center as the moderator. Introduction by Mr. Eugene B. Meyer, President of The Federalist Society.
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The SEC and the Financial Services Crisis of 2008 11-22-08
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Author: The Federalist Society
5 2008 Dec, 00:46:13
The Federalist Society's Corporations Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 22, 2008. The panelists included Hon. Paul S. Atkins, former Commissioner of the United States Securities & Exchange Commission, Prof. Edmund Kitch of the University of Virginia School of Law, Prof. Jonathan R. Macey of Yale Law School, Hon. George J. Terwilliger III, of White & Case LLP and former United States Deputy Attorney General, and Prof. Stephen Bainbridge of the University of California, Los Angeles School of Law as the moderator.
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Second Look Doctrines 11-22-08
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Author: The Federalist Society
5 2008 Dec, 00:44:55
Some scholars have praised Canada, Britain, and Israel for having a form of judicial review where a legislative majority in a clear statute can override an erroneous high court ruling or suspend it from taking effect. The argument is that judicial review is inherently counter-majoritarian and undemocratic, so legislative majorities should be able to overrule erroneous Supreme Court decisions. Should Congress be able to override U.S. Supreme Court decisions the way it can override a presidential veto? What majority ought to be required for such an override? Ought state voters in initiatives and referenda be able, by majority vote, to amend state constitutions so as to override state supreme courts? Panelists include Judge Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit, Prof. Richard A. Epstein of the University of Chicago Law School, Prof. Neal K. Katyal of the Georgetown University Law Center, and Hon. Larry D. Thompson of Pepsico, Inc., and former Deputy United States Attorney General as the moderator.
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8th Annual Barbara K. Olson Memorial Lecture 11-21-08
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Author: The Federalist Society
5 2008 Dec, 00:42:27
On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara 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 2008, Judge Edith H. Jones of the Court of Appeals for the Fifth Circuit delivered the lecture.
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Address by Mark Steyn 11-21-08
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Author: The Federalist Society
5 2008 Dec, 00:41:09
Columnist Mark Steyn delivered this address at the 2008 National Lawyers Convention on Friday, November 21, 2008. Introduction by Prof. Steven Calabresi of Northwestern University School of Law and Chairman of The Federalist Society Board of Directors.
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Judicial Independence Dialogue 11-21-08
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Author: TheAuthor: Federalist Society
5 2008 Dec, 00:39:20
This panel on "Judicial Independence" was presented at the Federalist Society's 2008 National Lawyers Convention on Friday, November 21, 2008. Panelists include Hon. William H., Pryor Jr. of the United States Court of Appeals for the Eleventh Circuit, Mr. H. Thomas Wells Jr. of the American Bar Association and Maynard, Cooper & Gale, P.C., and Mr. M. Edward Whelan III of the Ethics and Public Policy Center as the moderator.
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Judicial Tenure: Life Tenure or Fixed Nonrenewable Terms? 11-21-08
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Author: The Federalist Society
5 2008 Dec, 00:37:26
The Supreme Court of the United States is the only major court of its kind in the world where justices have life tenure rather than serving for a term of years or subject to a mandatory retirement age. Not only has every other western democracy rejected life tenure, but forty-nine out of fifty states have rejected it for their state supreme courts as well. Is life tenure for U.S. Supreme Court justices a good idea, or is it an 18th Century anachronism? What can or should be done about the fact that the average tenure of Supreme Court Justices has increased from 15 to 27 years since 1970? Ought we to be concerned if vacancies on the Supreme Court open up only once every four years instead of once every two as happened between 1789 and 1970? Panelists include Prof. Stephen B. Burbank of the University of Pennsylvania Law School, Hon. Charles J. Cooper of Cooper & Kirk, PLLC, Prof. James Lindgren of Northwestern University School of Law, Prof. David R. Stras of the University of Minnesota School of Law, and Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit.
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Keynote Address by U.S. Attorney General Michael B. Mukasey 11-20-08
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Author: The Federalist Society
5 2008 Dec, 00:35:20
United States Attorney General Michael Mukasey delivered this address during the Annual Dinner on Thursday, November 20, as part of the 2008 National Lawyers Convention. Introduction by Hon. Theodore B. Olson of Gibson Dunn & Crutcher and former U.S. Solicitor General.
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International Law & the Separation of Powers 11-20-08
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Author: The Federalist Society
5 2008 Dec, 00:34:05
The Federalist Society's International & National Security Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. John O. McGinnis of Northwestern University School of Law, Hon. Randy Moss of WillmerHale, Mr. David R. Rivkin, Jr., of Baker & Hostetler LLP, Prof. John C. Yoo of the University of California, Berkeley, Boalt Hall School of Law, and Mr. François-Henri Briard of Delaporte, Briard & Trichet and President of The Federalist Society Paris Chapter as the moderator.
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The Policy Implications of the Reaction to Climate Change 11-20-08
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Author: The Federalist Society
5 2008 Dec, 00:32:57
The Federalist Society's Environmental Law & Property Rights Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. Jonathan Adler of Case Western Reserve University School of Law, Prof. John C. Dernbach of Widener University Law School, Mr. Steven F. Hayward of the American Enterprise Institute, Prof. Jeremy A. Rabkin of George Mason University School of Law, and Judge Jeffrey S. Sutton of the United States Court of Appeals for the Sixth Circuit as the moderator.
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Specialized Courts: Lessons from the Federal Circuit 11-20-08
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Author: The Federalist Society
5 2008 Dec, 00:31:32
The Federalist Society's Intellectual Property Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. F. Scott Kieff of Washington University School of Law, Mr. Don Martens of Knobbe Martens Olson & Bear LLP, Prof. Arti K. Rai of Duke University School of Law, and Judge Randall R. Rader of the United States Court of Appeals for the Federal Circuit.
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The Prosecution of Public Corruption 11-20-08
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Author: The Federalist Society
5 2008 Dec, 00:29:49
The Federalist Society's Criminal Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Dr. John S. Baker Jr. of Louisiana State University Paul M. Hebert Law Center, Hon. Alice Fisher of Latham & Watkins and former Assistant Attorney General of the United States Department of Justice, Mr. Daniel E. Reidy of Jones Day, Mr. Robert Trout of Trout Cacheris, PLLC, and Judge Merrick Garland of the United States Court of Appeals for the District of Columbia Circuit as the moderator.
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Address by Secretary Michael Certoff 11-20-08
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Author: The Federalist Society
3 2008 Dec, 22:27:39
United States Secretary of Homeland Security Michael Chertoff delivered this address at the 2008 National Lawyers Convention on Thursday, November 20, 2008. Introduction by Hon. Lee Liberman Otis, Senior Vice President and Faculty Director for the Federalist Society.
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Judicial Selection: Federal and State 11-20-08
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Author: The Federalist Society
3 2008 Dec, 22:26:21
Is the process we use for selecting judges broken at both the federal and the state level? Acrimony in federal judicial selection intensified with the Robert Bork and Clarence Thomas Hearings, escalated when Republicans delayed some Clinton nominees, and then the confirmation process fell apart completely under President George W. Bush as Senate Democrats refused to hold hearings on nominees for years or filibustered them on the floor of the Senate. This panel will examine what, if anything, can be done to repair the federal judicial appointment process. It will also consider the longstanding debate at the state level over election versus appointment of state judges. Is merit selection an answer, or would it surrender the last vestiges of democratic control over the judiciary to a special interest trial lawyer elite? Panelists include Prof. Meryl J. Chertoff of the Sandra Day O’Connor Project on the State of the Judiciary at the Georgetown University Law Center, Prof. William K. Kelley of Notre Dame Law School, Prof. William P. Marshall of University of North Carolina School of Law, Hon. Harold F. See, Jr., of the Supreme Court of Alabama, and Hon. Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit as the moderator.
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Opening Address by Senator Mitch McConnell 11-20-08
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Author: The Federalist Society
3 2008 Dec, 22:23:45
United States Senator Mitch McConnell delivered the Opening Address at the 2008 National Lawyers Convention on Thursday, November 20, 2008. Introduction by Leonard Leo, Executive Vice President of the Federalist Society.
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The 2008 Election and the Federal Courts 10-28-08
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Author: The Federalist Society
13 2008 Nov, 18:27:53
On October 28, 2008, the Michigan Lawyers Chapter presented a debate on "The 2008 Election and the Federal Courts." The subject of this debate was the impact of the 2008 presidential election on the Supreme Court, the lower federal courts, and the direction of federal jurisprudence. Panelists include Prof Douglas Kmiec of Pepperdine University Law School and Ms. Wendy Long of The Judicial Confirmation Network.
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