Federalist Society Event Audio

Recent leaks of classified information have undermined the public’s confidence in the ability of their government to keep secrets. Government officials have alleged that these leaks have caused irreparable harm to America’s national security. However, while government officials criticize leaks, they oftentimes are complicit in leaking information when it serves their political interests. All experts seem to agree that some exposures undermine America’s ability to combat terrorism and counter other national security threats. But, other leaks are viewed as a form of whistleblowing and public accountability. Are there good leaks and bad leaks, and who decides? Should the U.S. government do a better job of protecting secrets? Should leakers be prosecuted? What about those media outlets and other entities who publish national security secrets, should they also be prosecuted? -- The University of Florida Student Chapter hosted this debate during the 2014 Annual Student Symposium on Friday, March 7, 2014. -- Featuring: Dr. Roger Pilon, Vice President for Legal Affairs; B. Kenneth Simon Chair in Constitutional Studies; Director, Center for Constitutional Studies, The Cato Institute and Prof. Nadine Strossen, Professor of Law, New York Law School; Former President, ACLU. Moderator: Hon. Jerry E. Smith, U.S. Court of Appeals, Fifth Circuit.

This roundtable will address a wide range of issues and potential solutions to the challenges associated with balancing privacy and security in an increasingly technological world. In an era where individuals increasingly entrust their data to third parties, how can the right balance be struck between the government’s need to collect information, and the individual’s right to privacy in that information. Does the Fourth Amendment adequately protect an individual’s rights in an era of rapidly advancing technology, or should Congress play a more active role in regulating this space? -- The University of Florida Student Chapter hosted this roundtable discussion during the 2014 Annual Student Symposium on Friday, March 7, 2014. Introductory remarks made by Mr. Devon Westhill, Chairman of the Symposium Executive Committee and Dean Robert H. Jerry II of the University of Florida Levin College of Law. Featuring: Mr. Steven G. Bradbury, Partner, Dechert LLP; Hon. Rachel L. Brand, Vice President & Chief Counsel for Regulatory Litigation, National Chamber Litigation Center, U.S. Chamber of Commerce; Member, Privacy & Civil Liberties Oversight Board; Mr. Julian Sanchez, Research Fellow, The Cato Institute; Prof. John Stinneford, Associate Professor of Law, University of Florida Levin College of Law; and Mr. Ted Ullyot, Former General Counsel, Facebook. Moderator: Hon. William H. Pryor Jr., U.S. Court of Appeals, Eleventh Circuit.

The Michigan Lawyers Chapter hosted this event on February 12, 2014, at Thomas M. Cooley Law School in Lansing, Michigan. -- Featuring: Mr. Trevor Coleman, Author and Speechwriter; Mr. Mark Fancher, ACLU of Michigan; Ms. Jennifer Gratz, XIV Foundation; and Mr. Hans von Spakovsky, Heritage Foundation. Moderator: Mr. Henry Payne, The Detroit News. Introduction: Mr. Matthew G. Davis, Communications Chair, Michigan Lawyers Chapter and Ms. Penelope Williams, President, Thomas M. Cooley Student Chapter.

In the 12 years since 9/11, as the national security threat matrix has become increasingly complex, technological advances have expanded intelligence gathering capabilities significantly. Recently, public concern about government monitoring of individuals has come to the forefront of the discussion. To address the intersection of security, privacy, and intelligence, the President has proposed several reforms, and is studying others in consultation with Congress. This Symposium will analyze and offer observations on those proposals. -- The Federalist Society presented this panel at "The NSA, Security, Privacy, and Intelligence Symposium" on February 24, 2014, at Jones Day LLP in Washington, DC. -- Panel II: The NSA Telephone Metadata Program -- Featuring: Mr. Steven G. Bradbury, Partner, Dechert LLP, and former head of the Office of Legal Counsel, U.S. Department of Justice; Mr. Jim Harper, Director of Information Policy Studies, Cato Institute; Ms. Kate Martin Director, Center for National Security Studies; and Mr. Benjamin Wittes, Senior Fellow, Governance Studies, The Brookings Institution. Moderator: Prof. Nathan A. Sales, George Mason University School of Law. Introduction: Mr. Vincent J. Vitkowsky, Chairman, International & National Security Law Practice Group, The Federalist Society.

In the 12 years since 9/11, as the national security threat matrix has become increasingly complex, technological advances have expanded intelligence gathering capabilities significantly. Recently, public concern about government monitoring of individuals has come to the forefront of the discussion. To address the intersection of security, privacy, and intelligence, the President has proposed several reforms, and is studying others in consultation with Congress. This Symposium will analyze and offer observations on those proposals. -- The Federalist Society presented this panel at "The NSA, Security, Privacy, and Intelligence Symposium" on February 24, 2014, at Jones Day LLP in Washington, DC. -- Luncheon: A Conversation on the NSA Surveillance Programs -- Featuring: Hon. Michael Chertoff, Co-founder and Managing Principal, The Chertoff Group, and former Secretary, United States Department of Homeland Security and Mr. Anthony D. Romero, Executive Director, American Civil Liberties Union. Moderator: Ms. Ellen Nakashima, National Security Reporter, The Washington Post. Introduction: Mr. Vincent J. Vitkowsky, Chairman, International & National Security Law Practice Group, The Federalist Society.

In the 12 years since 9/11, as the national security threat matrix has become increasingly complex, technological advances have expanded intelligence gathering capabilities significantly. Recently, public concern about government monitoring of individuals has come to the forefront of the discussion. To address the intersection of security, privacy, and intelligence, the President has proposed several reforms, and is studying others in consultation with Congress. This Symposium will analyze and offer observations on those proposals. -- The Federalist Society presented this panel at "The NSA, Security, Privacy, and Intelligence Symposium" on February 24, 2014, at Jones Day LLP in Washington, DC. -- Panel I: Foreign Intelligence Collection and the FISA Court -- Featuring: Mr. Harley Geiger, Senior Counsel and Deputy Director, Freedom, Security and Surveillance Project, Center for Democracy & Technology; Prof. Peter S. Margulies, Roger Williams University School of Law; Mr. Julian Sánchez, Research Fellow, The Cato Institute; and Hon. Kenneth L. Wainstein, Partner, Cadwalader, Wickersham & Taft LLP, former U.S. Homeland Security Advisor, and former Assistant U.S. Attorney General for National Security. Moderator: Mr. Vincent J. Vitkowsky, Chairman, International & National Security Law Practice Group, The Federalist Society.

Supporters of Proposition 8 have invoked NAACP v. Alabama to support their claims for anonymity, citing fears of intimidation and discrimination because of their opposition to same-sex marriage. How much transparency is needed when it comes to donors and supporters of contentious political issues? Is a signature on a petition deserving of a different degree of privacy than a financial contribution? Do different levels of support deserve different degrees of scrutiny? Or, as even Justice Scalia declared in oral arguments in Doe vs. Reed, is a certain amount of “civic courage” needed when taking a public stand on an issue? Do threats of harassment or even violence trump the need for transparency and disclosure? What are the repercussions for the First Amendment and direct democracy? How much privacy should be offered in ballot measure disclosure systems? -- Featuring: Mr. Paul Avelar, Institute for Justice; Mr. Manny Klausner, Reason Foundation; Mr. Peter Scheer, First Amendment Coalition; and Mr. Hans von Spakovsky, The Heritage Foundation. Moderator: Hon. Carolyn Kuhl, Superior Court of California for the County of Los Angeles.

The Federalist Society's Lawyers Division hosted this interview with Former Attorney General Ed Meese by Judge Carlos T. Bea of the United States Court of Appeals for the 9th Circuit on Saturday, January 25, 2014, during the 2014 Annual Western Chapters Conference.

This panel will focus on what effect the United States Supreme Court’s holding that initiative proponents lack standing to defend initiatives that the Governor and Attorney General will not defend will have on California’s initiative process in general. What are the pros and cons of the initiative process as a matter of public policy? Do government lawyers (and politicians) have an ethical obligation to defend laws they do not agree with, especially those passed via citizen initiative? -- Featuring: Prof. Rick Hasen, Chancellor’s Professor of Law and Political Science, University of California, Irvine; Mr. Dan Kolkey, Gibson Dunn & Crutcher; Prof. Justin Levitt, Loyola Marymount University; and Prof. Kenneth Miller, Claremont McKenna, and Author, Direct Democracy and the Courts. Moderator: Hon. Sandra Ikuta, U. S. Court of Appeals, 9th Circuit. Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society.

The Federalist Society's Faculty Division hosted this panel featuring young legal scholar paper presentations on Saturday, January 4, 2014, during the 16th Annual Faculty Conference. Featuring: Prof. Andrew Kent, Fordham University School of Law, author of "Are Damages Different? Bivens and National Security"; Prof. Joshua Kleinfeld, Northwestern University School of Law, author of "Redressive Justice"; Dr. Robert Leider, Law Clerk to the Hon. Diane Sykes, author of "Federalism and the Military Power of the United States"; Prof. Aaron Nielson, BYU Law School, author of "In Defense of Formal Rulemaking"; and Prof. Ozan Varol, Lewis & Clark Law School, author of "Temporary Constitutions". Commenter: Prof. Thomas Merrill, Columbia Law School. Moderator: Prof. Steven Calabresi, Northwestern Law School.

The Federalist Society's Faculty Division hosted a debate that asked "Is Privacy Regulation Likely to Reduce the Value of the Internet?" on Saturday, January 4, 2014, during the 16th Annual Faculty Conference. -- Featuring: Prof. Paul Rubin, Emory University School of Law and Prof. Ryan Calo, University of Washington School of Law. Moderator: Prof. William Kovacic, George Washington University Law School.

The Federalist Society's Faculty Division hosted this panel discussion on "Natural Law and Natural Rights" on Saturday, January 4, 2014, during the 16th Annual Faculty Conference. -- Featuring: Prof. Michael Baur, Fordham University School of Law, author of "What Rights Are and Why There Are Any: What the Classical (Aristotelian-Thomistic) Natural Law Approach Has to Say" and Lt. Col. Brian Bengs, NATO School, author of "Self Defense Under Siege: The Role of Individual Self Defense in the Battlespace". Commenters: Prof. Michael Moreland, Villanova University School of Law; Prof. Jeremy Rabkin, George Mason University School of Law; and Prof. Roderick Hills Jr., New York University School of Law. Moderator: Prof. Eric Claeys, George Mason University School of Law.

The Federalist Society's Faculty Division hosted this workshop on public interest litigation on Saturday, January 4, 2014, during the 16th Annual Faculty Conference. -- Featuring: Prof. Eugene Volokh, UCLA School of Law and Prof. Randy Barnett, Georgetown University Law Center. Introduction: Hon. Lee Liberman Otis, Senior Vice President & Faculty Division Director, The Federalist Society.

The Federalist Society's Faculty Division hosted this panel discussion which asked "Who Determines an Agency's Power?" on Friday, January 3, 2014, during the 16th Annual Faculty Conference. -- Featuring: Prof. Christopher Walker, Ohio State University Moritz College of Law; Prof. Frederick (Andy) Hessick, University of Utah S.J. Quinney College of Law; Prof. John Duffy, University of Virginia School of Law; and Prof. Gregory Maggs, George Washington University Law School. Moderator: Prof. John McGinnis, Northwestern University Law School.

The Federalist Society's Faculty Division hosted a panel discussion that asked "Is IP Property or Government-Conferred Monopoly?" on Friday, January 3, 2014, during the 16th Annual Faculty Conference. -- Featuring: Prof. Greg Dolin, University of Baltimore School of Law; Prof. Irina Manta, Hofstra University School of Law; Prof. David Olson, Boston College Law School; and Prof. Adam Mossoff, George Mason University School of Law. Moderator: Prof. Randy Barnett, Georgetown University Law Center.