Federalist Society Faculty Division Podcasts show

Federalist Society Faculty Division Podcasts

Summary: This audio broadcast series provides commentary by authors and others on important new books and works of legal scholarship. As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange on the topics they address.

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Podcasts:

 Limited Government and the Bill of Rights - Faculty Book Podcast | File Type: audio/mpeg | Duration: 31:23

Limited Government and the Bill of Rights takes a novel approach to the constitutional connection between the Bill of Rights and principles of limited government. Author Patrick Garry proposes that the Bill of Rights should be viewed primarily as limiting the power of government rather than protecting of the autonomy interests of individuals. He argues that this limited government approach is ultimately the best way to maximize individual liberty, and limits judicial overreach by denying Courts the power to create and enforce expansive, autonomy-based rights. -- Professor Garry, Professor of Law and Director of the Hagemann Center for Legal & Public Policy Research at the University of South Dakota School of Law, is joined by critical commenter Lee Strang, Professor at the University of Toledo College of Law, to discuss the book.

 Limited Government and the Bill of Rights - Faculty Book Podcast | File Type: audio/mpeg | Duration: 31:23

Limited Government and the Bill of Rights takes a novel approach to the constitutional connection between the Bill of Rights and principles of limited government. Author Patrick Garry proposes that the Bill of Rights should be viewed primarily as limiting the power of government rather than protecting of the autonomy interests of individuals. He argues that this limited government approach is ultimately the best way to maximize individual liberty, and limits judicial overreach by denying Courts the power to create and enforce expansive, autonomy-based rights. -- Professor Garry, Professor of Law and Director of the Hagemann Center for Legal & Public Policy Research at the University of South Dakota School of Law, is joined by critical commenter Lee Strang, Professor at the University of Toledo College of Law, to discuss the book.

 First Amendment Institutions - Faculty Book Podcast | File Type: audio/mpeg | Duration: 31:16

First Amendment Institutions proposes a new approach to enforcing First Amendment laws by arguing that institutions who exercise First Amendment freedoms should have more autonomy to regulate their own affairs, as the courts and a �top-down rules� approach insufficiently account for the complexity of real-world situations. Author Paul Horwitz suggests that such an approach would enhance these institutions� role in social and political life, thus making the state a part of our social framework as opposed to an overbearing sovereign. -- Horwitz, the Gordon Rosen Professor of Law at the University of Alabama School of Law, is joined by critical commenter Marc DeGirolami, Associate Professor of Law at St. John�s University School of Law, to discuss the book.

 First Amendment Institutions - Faculty Book Podcast | File Type: audio/mpeg | Duration: 31:16

First Amendment Institutions proposes a new approach to enforcing First Amendment laws by arguing that institutions who exercise First Amendment freedoms should have more autonomy to regulate their own affairs, as the courts and a “top-down rules” approach insufficiently account for the complexity of real-world situations. Author Paul Horwitz suggests that such an approach would enhance these institutions’ role in social and political life, thus making the state a part of our social framework as opposed to an overbearing sovereign. -- Horwitz, the Gordon Rosen Professor of Law at the University of Alabama School of Law, is joined by critical commenter Marc DeGirolami, Associate Professor of Law at St. John’s University School of Law, to discuss the book.

 Enlightened Democracy - Faculty Book Podcast 11-19-12 | File Type: audio/mpeg | Duration: 22:55

With the 2012 presidential election now behind us, the unique American presidential election system is fresh in the mind of the public. Some dismiss the Electoral College as outdated, arguing that the system should be replaced by direct popular vote. -- Enlightened Democracy: The Case for the Electoral College? author Tara Ross provides an overview of the history of the Electoral College from the Founding Era to the present, defending the College as an institution and explaining how it protects our republic and promotes liberty. This second edition includes a section discussing the National Popular Vote legislative effort. -- Derek Muller, Associate Professor at Pepperdine University School of Law, interviews Ms. Ross about her book.

 Enlightened Democracy - Faculty Book Podcast 11-19-12 | File Type: audio/mpeg | Duration: 22:55

With the 2012 presidential election now behind us, the unique American presidential election system is fresh in the mind of the public. Some dismiss the Electoral College as outdated, arguing that the system should be replaced by direct popular vote. -- Enlightened Democracy: The Case for the Electoral College? author Tara Ross provides an overview of the history of the Electoral College from the Founding Era to the present, defending the College as an institution and explaining how it protects our republic and promotes liberty. This second edition includes a section discussing the National Popular Vote legislative effort. -- Derek Muller, Associate Professor at Pepperdine University School of Law, interviews Ms. Ross about her book.

 In Search of Jefferson�s Moose - Faculty Book Podcast | File Type: audio/mpeg | Duration: 36:39

In Search of Jefferson�s Moose: Notes on the State of Cyberspace? explores the "new world" of cyberspace: what it is, how it works, and what laws it should have. Author David Post compares Thomas Jefferson�s thoughts on the New World in Notes on the State of Virginia to the internet, drawing out the similarities and differences between the two "new worlds," and presents Jefferson�s ideal--small self-governing groups loosely joined together and forming groups of increasingly large size--as a model for self-government in cyberspace. -- David Post, a Professor of Law at Temple University Beasley School of Law, is joined by critical commenter Eugene Volokh, the Gary T. Schwartz Professor of Law at UCLA School of Law, to discuss the book.

 In Search of Jefferson’s Moose - Faculty Book Podcast | File Type: audio/mpeg | Duration: 36:39

In Search of Jefferson’s Moose: Notes on the State of Cyberspace? explores the "new world" of cyberspace: what it is, how it works, and what laws it should have. Author David Post compares Thomas Jefferson’s thoughts on the New World in Notes on the State of Virginia to the internet, drawing out the similarities and differences between the two "new worlds," and presents Jefferson’s ideal--small self-governing groups loosely joined together and forming groups of increasingly large size--as a model for self-government in cyberspace. -- David Post, a Professor of Law at Temple University Beasley School of Law, is joined by critical commenter Eugene Volokh, the Gary T. Schwartz Professor of Law at UCLA School of Law, to discuss the book.

 When States Go Broke - Faculty Division Podcast | File Type: audio/mpeg | Duration: 36:57

When States Go Broke: The Origins, Context, and Solutions for the American States in Fiscal Crisis? discusses the problem of fiscal crises in American states and the best way to meet the political and fiscal challenges they present. The book features insights from leading scholars in a variety of disciplines, and facilitates debate about the origin and context of the crises, and what regimes bankrupt states should adopt. -- Author David Skeel, the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania Law School, is joined by critical commenter Richard Hynes, Professor of Law and Director of John M. Olin Program in Law and Economics at the University of Virginia School of Law, to discuss the book.

 When States Go Broke - Faculty Division Podcast | File Type: audio/mpeg | Duration: 36:57

When States Go Broke: The Origins, Context, and Solutions for the American States in Fiscal Crisis? discusses the problem of fiscal crises in American states and the best way to meet the political and fiscal challenges they present. The book features insights from leading scholars in a variety of disciplines, and facilitates debate about the origin and context of the crises, and what regimes bankrupt states should adopt. -- Author David Skeel, the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania Law School, is joined by critical commenter Richard Hynes, Professor of Law and Director of John M. Olin Program in Law and Economics at the University of Virginia School of Law, to discuss the book.

 Lawyer Barons: What Their Contingency Fees Really Cost America - Faculty Book Podcast | File Type: audio/mpeg | Duration: 30:03

Lawyer Barons exposes the high but unseen cost of litigation driven by contingency fees, a method of financing that is said to improve access to the courts for personal injury victims with limited means. Author Lester Brickman argues that there is more to the picture than just improving access, however; that the contingency fee also enables lawyers and judges to collaborate and incentivize litigation to a degree that distorts our civil justice system and imposes other financial and social costs. -- Brickman, a professor at the Benjamin N. Cardozo School of Law, is joined by critical commenter Peter Schuck, the Simeon E. Baldwin Professor Emeritus of Law at Yale University, discuss the book.

 Lawyer Barons: What Their Contingency Fees Really Cost America - Faculty Book Podcast | File Type: audio/mpeg | Duration: 30:03

Lawyer Barons exposes the high but unseen cost of litigation driven by contingency fees, a method of financing that is said to improve access to the courts for personal injury victims with limited means. Author Lester Brickman argues that there is more to the picture than just improving access, however; that the contingency fee also enables lawyers and judges to collaborate and incentivize litigation to a degree that distorts our civil justice system and imposes other financial and social costs. -- Brickman, a professor at the Benjamin N. Cardozo School of Law, is joined by critical commenter Peter Schuck, the Simeon E. Baldwin Professor Emeritus of Law at Yale University, discuss the book.

 Firearms Law and the Second Amendment - Faculty Book Podcast | File Type: audio/mpeg | Duration: 34:02

This podcast discusses Firearms Law and the Second Amendment: Regulation, Rights and Policy by authors Nicholas Johnson, David Kopel, George Mocsary and Michael O'Shea. -- Firearms Law provides a comprehensive overview of the constitutional right to private firearms, the first traditional casebook on the subject, covering the history and development of the constitutional right to keep and bear arms, and all aspects of firearms law, policy and regulations. The book serves as a starting point for discussion of contemporary gun-law issues raised by the Supreme Court’s 2008 ruling in District of Columbia v. Heller that invalidated a law banning handgun possession in Washington, DC and in its 2010 ruling in McDonald v. Chicago, which extended that right to constrain state action. -- Authors Nicholas Johnson, a Professor at Fordham University School of Law, and Michael O’Shea, a Professor at Oklahoma City University School of Law, are joined by commentator Adam Winkler, a Professor at the UCLA School of Law, to discuss the book.

 Firearms Law and the Second Amendment - Faculty Book Podcast | File Type: audio/mpeg | Duration: 34:02

This podcast discusses Firearms Law and the Second Amendment: Regulation, Rights and Policy by authors Nicholas Johnson, David Kopel, George Mocsary and Michael O'Shea. -- Firearms Law provides a comprehensive overview of the constitutional right to private firearms, the first traditional casebook on the subject, covering the history and development of the constitutional right to keep and bear arms, and all aspects of firearms law, policy and regulations. The book serves as a starting point for discussion of contemporary gun-law issues raised by the Supreme Court�s 2008 ruling in District of Columbia v. Heller that invalidated a law banning handgun possession in Washington, DC and in its 2010 ruling in McDonald v. Chicago, which extended that right to constrain state action. -- Authors Nicholas Johnson, a Professor at Fordham University School of Law, and Michael O�Shea, a Professor at Oklahoma City University School of Law, are joined by commentator Adam Winkler, a Professor at the UCLA School of Law, to discuss the book.

 Gunfight: The Battle Over the Right to Bear Arms in America - Faculty Book Podcast | File Type: audio/mpeg | Duration: 23:00

Gunfight: The Battle Over the Right to Bear Arms in America? tells the story of the six-year courtroom battle that culminated in the Supreme Court’s 2008 ruling in District of Columbia v. Heller, invalidating a law banning handgun possession in Washington, DC. In the book, author Adam Winkler gives a historical overview of the battle between gun rights and gun control advocates, and brings to light what he argues are the often misunderstood legal and historical issues central to history of guns in America. -- Winkler, a Professor at the UCLA School of Law, is joined by Nelson Lund, the Patrick Henry Professor of Constitutional Law and the Second Amendment at George Mason University School of Law, to discuss the book.

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