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.
Both 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 conference on June 28, 2011. The luncheon address was delivered by Mr. Stewart A. Baker of Steptoe & Johnson LLP and former Assistant Secretary for Policy at the Department of Homeland Security. Introduction by Mr. Vincent J. Vitkowsky of Edwards Angell Palmer & Dodge LLP.
Both 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 conference on June 28, 2011. The first panel on national security featured Mr. Steven G. Bradbury of Dechert LLP and former Acting Assistant Attorney General for the Office of Legal Counsel; Col. Gary D. Brown of the United States Cyber Command with the U.S. Air Force; Mr. Shane Harris of The Washingtonian; Prof. Jeremy A. Rabkin of George Mason Law School; and Mr. Paul Rosenzweig of Red Branch Law and Consulting, and former Deputy Assistant Secretary for Policy and former Acting Assistant Secretary for International Affairs at the Department of Homeland Security, as the moderator. Welcome and Introduction by Mr. Vincent Vitkowsky of Edwards Angell Palmer & Dodge LLP and Adjunct Fellow at the Center for Law and Counterterrorism.
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 of New England Law | Boston; Prof. Michael W. Lewis of Ohio Northern University College of Law; and Prof. Lawrence M. Friedman of New England Law | Boston as the moderator. Introduction by Mr. Christopher Chadzutko, President of the New England Student Chapter.
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 of BYU Law. Introduction by Mr. Christopher Chadzutko, President of the New England Student Chapter.
On June 9, 2011, the Indianapolis Lawyers Chapter hosted Prof. Richard W. Garnett of the University of Notre Dame Law School. The topic of Prof. Garnett's discussion was school choice. Brian J. Paul of Ice Miller LLP and President of the Indianapolis Lawyers Chapter introduced Prof. Garnett.
Congress 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 of New York University School of Law; Prof. James Grimmelman of the Institute for Information Law and Policy at New York Law School; Prof. Jonathan Masur of the University of Chicago Law School; Mr. Berin Szoka of TechFreedom; and JudgeDiane P. Wood of the U.S. Court of Appeals for the Seventh Circuit as the moderator. Introduction by Mr. Trevor K. Copeland of Brinks Hofer Gilson & Lione.
Many 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 The Honorable Randolph Marshall Bell of the First Freedom Center; Prof. Thomas F. Farr of the Berkley Center for Religion, Peace, and World Affairs at Georgetown University; Mr. Tad Stahnke of Human Rights First; and Mr. William L. Saunders of Americans United for Life as the moderator.
This 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. Microsoftdecision 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 of McCarter & English, LLP; Mr. Jerry Cohen of Burns & Levinson LLP; Prof. F. Scott Kieff of George Washington University Law School; Prof. Michael Meurer of Boston University School of Law; and Prof. David S. Olson of Boston College Law School as the moderator. Introduction by Mr. Gregory D. Cote of McCarter & English LLP
Ten 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. Featuring: Prof. Phil Malone of the Berkman Center for Internet & Society at Harvard University Law School; Mr. Rick Rule of Cadwalader, Wickersham & Taft LLP; and Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the D.C. Circuit as the moderator. Introduction by Mr. David DeGroot of Sheppard Mullin Richter & Hampton LLP and President of the San Francisco Lawyers Chapter.
On October 6, 2010, the Western New England Student Chapter of the Federalist Society hosted this debate on judges and trust.? Featuring Prof. David Forte of Cleveland State University Cleveland-Marshall College of Law; Prof. Bruce Miller of Western New England College School of Law; and Dean Howard Kalodner of Western New England College School of Law as the moderator. Introduction by Mr. Isaac Mass, President of the Western New England Student Chapter.
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. Prof. Meredith Duncan of the University of Houston Law Center introduced Judge Jones.
On October 28, 2010, the UC Berkeley Student Chapter of the Federalist Society hosted this debate on judicial activism.? Featuring ?Mr. Ilya Shapiro of the Cato Institute and Prof. Fred Smith of the University of California Berkeley School of Law. Introduction by Mr. James Phillips, President of the UC Berkeley Student Chapter.
On March 8, 2011, the Fordham Student Chapter of the Federalist Society hosted this panel discussion on natural gas drilling. Panelists included Peter J. Cambs of The Cambs Law Firm LLP and Parker Waichman Alonso LLP; Christine A. Fazio of Carter Ledyard & Milburn LLP; and Michael Joy of Lipman, Biltekoff & Joy LLP. Introductions by Addie Bendory and David Kupfer of the Fordham Student Chapter.
On March 10, 2011, the California-Berkeley Student Chapter hosted this debate on Obamacare between Prof. Richard Epstein of NYU School of Law and Prof. Jesse Choper of UC Berkeley School of Law.
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 on "Domestic & Legal Issues Arising from American Intervention in Libya". Speakers included Prof. Andrew Kent of Fordham University School of Law; Prof. Thomas H. Lee of Fordham University School of Law; Prof. Robert F. Turner of the University of Virginia School of Law; andProf. Eric Jensen of Fordham University School of Law as the moderator. Introduction by Mr. Addie Bendory, President of the Fordham Student Chapter.