Federalist Society Event Audio show

Federalist Society Event Audio

Summary: 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. Additional audio and video can be found at www.federalistsociety.org/multimedia.

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 Address by Senator Orrin Hatch 11-14-2014 | File Type: audio/mpeg | Duration: 46:29

Senator Orrin Hatch of Utah delivered this address at the 2014 National Lawyers Convention on Friday, November 14, 2014. He was introduced by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.

 Address by Carly Fiorina 11-14-2014 | File Type: audio/mpeg | Duration: 32:43

Carly Fiorina delivered this address at the 2014 National Lawyers Convention on Friday, November 14, 2014. She was introduced by Mr. Dean A. Reuter, Vice President & Director of Practice Groups at The Federalist Society.

 Credit to Cronies: Government’s Heavy—IF Hidden—Hand 11-14-2014 | File Type: audio/mpeg | Duration: 01:30:37

Key to a vibrant and increasingly productive economy is an efficient credit allocation process -- the mechanism by which all forms of credit, and not just bank loans, flow to those who can make the best use of that credit. Do government regulations influence and therefore distort – intentionally or not – the allocation of credit within the U.S. economy? -- Bank capital and liquidity standards, consumer lending requirements, lending rules enforced by the Consumer Bureau, the Community Reinvestment Act, and government-sponsored enterprises (notably Fannie Mae, Freddie Mac, and the Farm Credit System) among other federal programs steer credit to favorites based on government priorities. Designating large financial firms as “systemically important financial institutions” might diminish their role as independent credit providers and subject them to further government direction. Some argue that Federal Reserve monetary policy, which greatly influences all interest rates, has consequent credit-allocation effects. Where did this all come from, where is it going, and what it means for the future of the economy will be questions for the panel. -- The Federalist Society's Corporations, Securities & Financial Services & E-Commerce Practice Group presented this panel on "Credit to Cronies: Government’s Heavy—IF Hidden—Hand" on Friday, November 14, during the 2014 National Lawyers Convention. -- Featuring: Mr. Edward J. DeMarco, Senior Fellow-in-Residence, Milken Institute; Mr. Bert Ely, Principal, Ely & Company, Inc.; and Dr. Paul H. Kupiec, Resident Scholar, American Enterprise Institute. Moderator: Hon. Paul S. Atkins, Patomak Global Partners LLC; former Commissioner, U.S Securities & Exchange. Introduction: Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association; and Chairman, Financial Services & E-Commerce Practice Group.

 Criminal Sentencing Reform: A Conversation among Conservatives 11-14-2014 | File Type: audio/mpeg | Duration: 01:32:53

Although prison populations at the federal level have very recently declined for the first time in decades, prisoner population at the state level rose. The cost of crime, some that can be measured and some that are impossible to measure, is undoubtedly high, but so too is the cost of incarceration. Are we striking the right balance in length of sentences? And what is the proper balance between latitude and sentencing guidelines for judges? Do the answers to these questions differ for the state versus the federal criminal justice system? -- The Federalist Society's Criminal Law & Procedure Practice Group presented this panel on "Criminal Sentencing Reform: A Conversation among Conservatives" on Friday, November 14, during the 2014 National Lawyers Convention. -- Featuring: Mr. Marc A. Levin, Director, Center for Effective Justice, Texas Public Policy Foundation; Mr. John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation; Hon. Michael B. Mukasey, Partner, Debevoise & Plimpton LLP and former U.S. Attorney General; and Prof. William G. Otis, Adjunct Professor of Law, Georgetown University Law Center. Moderator: Hon. William H. Pryor, Jr., U.S. Court of Appeals, Eleventh Circuit.

 Sexual Assault on Campus 11-14-2014 | File Type: audio/mpeg | Duration: 01:49:45

Sexual assault on campus is a serious issue—so serious that it is difficult for some to speak plainly about it. As a result, disagreements abound—even about issues as fundamental as the definition of sexual assault. This panel will discuss the nature and extent of sexual assault on campus. It will examine the Department of Education’s “Dear Colleague” letter of April 4, 2011 on sexual violence, the numerous investigations that it has opened in colleges and universities around the country, and the effect they are having on campus. It will also discuss the new "Only Yes Means Yes," laws recently adopted in California and being considered around the country. Among the questions that will be addressed are: How dangerous are our college campuses? From where does the U.S. Department of Education derive the authority to address this issue? Is due process being accorded to those who are accused of sexual assault? -- The Federalist Society's Civil Rights Practice Group presented this panel on "Sexual Assult on Campus" on Friday, November 14, during the 2014 National Lawyers Convention. -- Featuring: Ms. Heather Mac Donald, Thomas W. Smith Fellow, Manhattan Institute; Mr. Seth Galanter, Principal Deputy Assistant Secretary, Office for Civil Rights, U.S. Department of Education; Ms. Lara S. Kaufmann, Senior Counsel & Director of Education Policy for At-Risk Students, National Women's Law Center; and Mr. Greg Lukianoff, President, Foundation for Individual Rights in Education. Moderator: Hon. Diane S. Sykes, U.S. Court of Appeals for the Seventh Circuit. Introduction: Hon. Gail Heriot, U.S. Commission on Civil Rights, and Professor, University of San Diego School of Law; and Chairman, Civil Rights Practice Group.

 Showcase Panel II: Intergenerational Equity and Social Security, Medicare, Obamacare, and Pensions 11-14-2014 | File Type: audio/mpeg | Duration: 01:30:19

Several major federal programs directly tax the young to provide benefits to the elderly. This is a main feature of the Affordable Care Act, the Social Security System as it currently works, and of the laws guaranteeing pensions. In addition, the national debt raises intergenerational equity issues. What obligations do these debts impose on the young? Are they all of a piece or are the answers different in each case? Is it true that this generation is likely to be poorer than the previous one? What role does our legal system play in this? How will the law address pensions that contribute to bankrupting cities or states? What is the nature of the Social Security contract? -- The Federalist Society's Practice Groups presented this showcase panel on "Intergenerational Equity and Social Security, Medicare, Obamacare, and Pensions" on Friday, November 14, during the 2014 National Lawyers Convention. -- Featuring: Hon. Christopher C. DeMuth, Distinguished Fellow, Hudson Institute, Inc., and former Administrator for Information and Regulatory Affairs, U.S. Office of Management and Budget; Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law; and Prof. David A. Weisbach, Walter J. Blum Professor of Law and Senior Fellow, The Computation Institute of the University of Chicago and Argonne National Laboratory. Moderator: Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit.

 Diversity Jurisdiction from Strawbridge to CAFA 11-14-2014 | File Type: audio/mpeg | Duration: 01:19:31

In a recent article, constitutional lawyer Charles Cooper argued that federal courts have erred by too narrowly construing their statutory grants of diversity jurisdiction. Mr. Cooper urges the courts to recognize much broader federal jurisdiction based on diversity of citizenship as a matter of both statutory and constitutional interpretation. Others have called on Congress to consider legislation that would expand federal courts' diversity jurisdiction to include all cases in which any two parties come from different states. Our panel will include members of the federal judiciary to discuss whether (and if so, how) federal court jurisdiction should be expanded. -- The Federalist Society's Practice Groups presented this panel on "Diversity Jurisdiction from Strawbridge to CAFA" on Friday, November 14, during the 2014 National Lawyers Convention. -- Featuring: Hon. Charles J. Cooper, Partner, Cooper & Kirk, PLLC, and former Assistant U.S. Attorney General for the Office of Legal Counsel; Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit; and Hon. J. Harvie Wilkinson III, United States Court of Appeals, Fourth Circuit. Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society.

 Competition Policy in the Telecommunications Space 11-13-2014 | File Type: audio/mpeg | Duration: 01:20:08

In today’s rapidly evolving telecommunications landscape, the development of new technologies and distribution platforms are driving innovation and growth at a breakneck speed across the Internet ecosystem. Broadband connectivity is increasingly important to our civil discourse, our economy, and our future. What is the proper role of government in facilitating robust investment and competition in this critical sector? When technology companies constantly have to reinvent themselves and adapt to survive – what role should government play? Our panel of experts will discuss the current regulatory environment and how government policies – particularly regarding transactions and the Open Internet proceeding – could affect the competitive marketplace. -- The Federalist Society's Telecommunications & Electronic Media Practice Group presented this panel on "Competition Policy in the Telecommunications Space" on Thursday, November 13, during the 2014 National Lawyers Convention. -- Featuring: Mr. Gene Kimmelman, President and CEO, Public Knowledge; Hon. Maureen K. Ohlhausen, Federal Trade Commission; Hon. Michael O’Rielly, Federal Communications Commission; and Prof. Christopher S. Yoo, John H. Chestnut Professor of Law, Communication, and Computer & Information Science, and Director, Center for Technology, Innovation & Competition, University of Pennsylvania Law School. Moderator: Hon. Stephen F. Williams, Senior Circuit Judge, U.S. Court of Appeals, D.C. Circuit.

 Time to Revisit Chevron Deference? 11-13-2014 | File Type: audio/mpeg | Duration: 01:25:19

This panel will explore how judicial deference to agency decisionmaking has evolved since the seminal Supreme Court decision in Chevron v. NRDC and whether it is time to revisit the doctrine of "Chevron deference." The panelists will discuss questions such as whether Chevrondeference has led courts to take such a hands-off approach in litigation against agency action that the agencies have become an unaccountable fourth branch of government. Or is Chevron deference a doctrine that is necessary to keep courts from becoming policymaking bodies? They will discuss the real-world implications of Chevron deference from the perspective of regulated parties and whether there are any practical alternatives to Chevron deference. The panel will also explore related doctrines of judicial deference, such as so-called Auer deference, and whether lower courts have taken that deference beyond what the Supreme Court intended. -- The Federalist Society's Litigation Practice Group presented this panel on "Time to Revisit Chevron Deference?" on Thursday, November 13, during the 2014 National Lawyers Convention. -- Featuring: Prof. Jack M. Beermann, Harry Elwood Warren Scholar Professor of Law, Boston University School of Law; Hon. Charles J. Cooper, Partner, Cooper & Kirk, PLLC, and former Assistant U.S. Attorney General for the Office of Legal Counsel; Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia University School of Law; and Prof. Amy Wildermuth, Associate Vice President for Faculty, Senior Vice President Academic Affairs - Operations, University of Utah S.J. Quinney College of Law. Moderator: Hon. Don R. Willett, Texas Supreme Court. Introduction: Hon. Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy United States Department of Justice; and Chairman, Litigation Practice Group.

 The President's Duty to Take Care that the Law Be Faithfully Executed 11-13-2014 | File Type: audio/mpeg | Duration: 01:26:10

Is President Obama failing in this basic obligation of the President? Allegations of lawlessness have been made about his decisions not to enforce the immigration law, to suspend some requirements of the Affordable Care Act, and to flout Congress’s requirement of thirty-day notice before freeing prisoners from Guantanamo. Are these fair charges or does the President enjoy inherent constitutional power or specific statutory authority to decline enforcement? What should be Congress’s reaction to non-enforcement? Does this pattern of non-enforcement imply anything more general about the President’s legal or political philosophy? -- The Federalist Society's Federalism & Separation of Powers Practice Group presented this panel on "The President's Duty to Take Care that the Law Be Faithfully Executed" on Thursday, November 13, during the 2014 National Lawyers Convention. -- Featuring: Dr. John S. Baker, Jr. Visiting Professor of Law, Georgetown University Law Center; Professor Emeritus of Law, Dale E. Bennett Professor of Law, Louisiana State University Law School; Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC; Prof. Neal E. Devins, Goodrich Professor of Law, Cabell Research Professor, Professor of Government, Director, Institute of Bill of Rights Law; and Director, Election Law Program, The College of William & Mary; and Prof. Christopher H. Schroeder, Charles S. Murphy Professor of Law and Public Policy Studies; Co-Director of the Program in Public Law, Duke Law School. Moderator: Hon. Thomas B. Griffith, U.S. Court of Appeals, D.C. Circuit. Introduction: Dr. John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007 – 2010); and Director, Center for Constitutional Jurisprudence, Dale E Fowler School of Law, Chapman University; and Chairman, Federalism & Separation of Powers Practice Group.

 The Minimum Wage 11-13-2014 | File Type: audio/mpeg | Duration: 01:34:38

In January 2014, in his State of the Union Address, President Obama called on Congress to raise the national minimum wage to $10.10 an hour. In February, President Obama used his pen to raise the minimum wage for employees working on government contracts to $10.10 through an Executive Order. This panel will explore the policy and economics of increasing the minimum wage, which the White House asserts will lift wages for millions of Americans and boost the bottom lines of businesses. -- The Federalist Society's Labor & Employment Law Practice Group presented this panel on "The Minimum Wage" on Thursday, November 13, during the 2014 National Lawyers Convention. -- Featuring: Mr. Ross Eisenbrey, Vice President, Economic Policy Institute and former Member, U.S. Occupational Safety and Health Review Commission; Ms. Diana Furchtgott-Roth, Senior Fellow, Manhattan Institute for Policy Research, former chief economist, U.S. Department of Labor; Mrs. Karen R. Harned, Executive Director, National Federation of Independent Business Small Business Legal Foundation; and Hon. David Weil, Administrator, Wage and Hour Division, U.S. Department of Labor. Moderator: Hon. William F. Kuntz, II, United States District Court, Eastern District of New York.

 Copyright Revision 11-13-2014 | File Type: audio/mpeg | Duration: 01:27:57

The U.S. Supreme Court has in the past several years begun to take several intellectual property cases each term, often including important copyright cases, like last term’s American Broadcasting Companies, Inc. v. Aereo, Inc. At the same time, the legislature has already substantially revised patent rights, seems to be ready to revisit patent rights yet again, and is poised to consider revisions to copyright. On the table seem to be issues of the length of copyright term, fair use, and more. Our panel of experts will discuss the past present and future of IP and copyright. -- The Federalist Society's Intellectual Property Practice Group presented this panel on "Copyright Revision" on Thursday, November 13, during the 2014 National Lawyers Convention. -- Featuring: Ms. Danielle Aguirre, Senior Vice President, Business & Legal Affairs, National Music Publishers’ Association; Mr. Usman Ahmed, Policy Counsel, eBay Inc.; Prof. David S. Olson, Associate Professor of Law, Boston College Law School; Ms. Katherine A. Oyama, Senior Copyright Policy Counsel, Google, Inc.; and Prof. Mark F. Schultz, Senior Scholar and Director of Academic Programs, Center for the Protection of Intellectual Property, George Mason University School of Law; Law Professor, Southern Illinois University. Moderator: Hon. Douglas H. Ginsburg, U.S. Court of Appeals, D.C. Circuit; Professor of Law, George Mason University.

 Religious Liberty after Hobby Lobby 11-13-2014 | File Type: audio/mpeg | Duration: 01:39:05

The U.S. Supreme Court’s 2013-14 Term included two major religion cases, Town of Greece v. Galloway and Burwell v. Hobby Lobby. In Galloway, the Court held that prayers offered by local clergy at the start of town board meetings did not violate the Establishment Clause. In Hobby Lobby, the Court held that the Religious Freedom Restoration Act required that corporations whose owners object to the HHS contraceptive mandate be exempt from it. The panel will explore, from a range of perspectives, the significance of Hobby Lobby and the religious freedom jurisprudence of the Roberts Court. Among the topics to be considered are the analysis under RFRA of the government’s compelling interest and the narrow tailoring requirements, the interplay between religious exemptions and the Establishment Clause, emerging issues at the intersection of religious freedom and anti-discrimination laws, ongoing challenges to the HHS contraceptive mandate, and the legacy of Hobby Lobby for future First Amendment and religious freedom cases. -- The Federalist Society's Religious Liberties Practice Groups presented this panel on "Religious Liberty after Hobby Lobby" on Thursday, November 13, during the 2014 National Lawyers Convention. -- Featuring: Ms. Kim Colby, Senior Counsel, Christian Legal Society Prof. William P. Marshall, William Rand Kenan, Jr. Distinguished --Professor of Law, University of North Carolina School of Law; and Prof. Robin Fretwell Wilson, Roger and Stephany Joslin Professor of Law and Director, Program in Family Law and Policy, University of Illinois College of Law. Moderator: Hon. Diarmuid F. O’Scannlain, U.S. Court of Appeals for the 9th Circuit. Introduction: Mr. William L. Saunders, Senior Vice President and Senior Counsel, Americans United for Life and Chairman, Religious Liberties Practice Group.

 The Short-Termism Debate 11-13-2014 | File Type: audio/mpeg | Duration: 01:48:23

For thirty years, the economic analysis of corporate law has been based on the assumption that shareholder value is a reliable proxy for social welfare. However, for some time now, the large majority of the shares in some public companies have been held by institutional investors, including pension funds and mutual funds. These investors have some incentive to favor short-term profits at the expense longer-term benefits. Can shareholder value still be reliably equated with social welfare? Or does the current incentive structure encourage the misallocation of resources and a net social loss? -- The Federalist Society's Corporations, Securities & Antitrust Practice Groups presented this panel on "The Short-Termism Debate" on Thursday, November 13, during the 2014 National Lawyers Convention. -- Featuring: Prof. Lucian A. Bebchuk, William J. Friedman and Alicia Townsend Friedman Professor of Law, Economics, and Finance and Director of the Program on Corporate Governance, Harvard Law School; Prof. Jonathan R. Macey, Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School; Prof. Robert T. Miller, Professor of Law and F. Arnold Daum Fellow in Corporate Law, University of Iowa College of Law; and Mr. Steven A. Rosenblum, Wachtell, Lipton, Rosen & Katz. Moderator: Hon. E. Norman Veasey, Former Chief Justice, Delaware Supreme Court.

 Showcase Panel I: Youth, Employment, and the Law 11-13-2014 | File Type: audio/mpeg | Duration: 01:46:28

This panel will examine intergenerational equity issues raised by employment discrimination laws, including those protecting the elderly from discrimination. Those laws, minimum wage laws, laws favoring unionization, and laws countering arbitrary dismissal have obvious appeal. But many of those very laws greatly raise the costs to business of entry-level hiring. One consequence may be that many young people are only able to enter the work force as interns or fellows. This may be especially true for minorities. Are these costs worth the benefits? Is there some middle ground? -- The Federalist Society's Practice Groups presented this showcase panel on "Youth, Employment and the Law" on Thursday, November 13, during the 2014 National Lawyers Convention. -- Featuring: Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law, and James Parker Hall Distinguished Service Professor of Law, University of Chicago Law School; Hon. Chai Rachel Feldblum, U.S. Equal Employment Opportunity Commission; Hon. Gail Heriot, U.S. Commission on Civil Rights, and Professor, University of San Diego School of Law; and Prof. J. Hoult "Rip" Verkerke, Director, Program for Employment and Labor Law Studies, University of Virginia School of Law. Moderator: Hon. Jennifer W. Elrod, U.S. Court of Appeals, Fifth Circuit.

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