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FedSoc Events

891 episodes - English - Latest episode: 22 days ago - ★★★★★ - 87 ratings

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 https://fedsoc.org/commentary.

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Episodes

Panel II: The Future of Foreign Policy: What Should be the US’s Grand Strategy Going Forward

June 14, 2024 20:55 - 1 hour - 69.4 MB

With conflict rising across the globe and a presidential election this year, the United States is positioned to reevaluate its foreign policy approach to current and future challenges. This panel will examine the role the US should play in global affairs. What should American engagement look like today? This discussion will explore whether the US should recalibrate its grand strategy to effectively address emerging conflicts, technological advancements, and global threats. By evaluating past ...

Lunch & Keynote Address - Can America Remain a Global Power?

June 14, 2024 20:54 - 59 minutes - 54.9 MB

Lunch will be served at 12:00 p.m. with remarks from Prof. Eliot A. Cohen to follow. The address is titled "Can America Remain a Global Power?"

Panel I: Regional Strategy & Competing Conflicts

June 14, 2024 20:52 - 1 hour - 83.7 MB

Over the past two years, a series of regional conflicts has resulted in diplomatic tensions and increased conflict. The ongoing conflict between Russia and Ukraine has raised concerns about the future of Europe's diplomatic landscape. Additionally, renewed conflict in the Middle East, particularly following the October 7th terror attack, has led to questions about the future of the Israel-Palestine conflict, the threat posed by Iran, and the stability of relations between the West and the Ara...

Navigating the FCC’s Digital Discrimination Rules

May 28, 2024 15:00 - 59 minutes - 109 MB

At the Federal Communications Commission’s November 2023 meeting, the agency approved rules aimed at preventing and eliminating digital discrimination. These rules are a culmination of a controversial multi-year proceeding, kicked off by Section 60506 of the Infrastructure Investment and Jobs Act of 2021. In this webinar, a panel of experts will discuss policies and issues underlying the FCC’s rules, challenges that companies may face in compliance with the rules, as well as the issues before...

Cocktail Hour Reception and Banquet, Arthur N. Rupe Debate and Presentation of the Annual Joseph Story Award and Feddie Awards

May 21, 2024 14:13 - 1 hour - 67.2 MB

Join us for a closing banquet and the Arthur N. Rupe Debate, entitled "Resolved: The Separation of Powers is a Dangerous, Extraconstitutional Maxim." Special code on nametag required for admission. Featuring: Prof. Noah Feldman, Felix Frankfurter Professor of Law and Director, Julis-Rabinowitz Program on Jewish and Israeli Law, Harvard Law School Prof. Michael W. McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School Moderator: Hon...

Panel IV: Constitutions, Elections, and Procedure – (How) Can We Change How We Separate Powers?

May 20, 2024 19:02 - 1 hour - 92.3 MB

Suppose we don’t like how our governmental powers are separated. Perhaps we think the executive branch has too much power. Or perhaps we think that it is doing more than the original meaning of “the executive power” would suggest, but we think that is a good thing. What are the legitimate methods of constitutional change in our republic? Must we amend the Constitution? How should an originalist approach these questions? Featuring: Prof. Sherif Girgis, Associate Professor of Law, University o...

Panel III: The Judicial Power and Evaluating Judicial Supremacy

May 20, 2024 18:59 - 1 hour - 86.1 MB

New presidential administrations start with a flurry of administrative actions. These fresh rules, guidelines, and procedures in turn face judicial scrutiny from the moment they are finalized. Oversight from the judiciary can keep agencies accountable and within the bounds of the law. But when judges get the final say on everything the executive does, policies can take years—even decades—to implement and can fluctuate wildly with the ebbs and flows of litigation. Has something gone awry with ...

Panel II: The Executive Power, the Legislative Power, and the Administrative State

May 20, 2024 17:46 - 1 hour - 96.1 MB

Many critics of modern administrative law want a world where Congress does more things, and the executive does less—which would lead to relative stability across administrations. Simultaneously, many also want their vote in presidential elections to have meaningful policy consequences. Between these two competing intuitions lies a tension at the heart of much contemporary political strife, which, of course, has a great deal to do with who controls Congress and who controls the White House. Fe...

Fireside Chat: “Why Separate Powers?” A Conceptual Introduction

May 20, 2024 17:15 - 1 hour - 77.6 MB

Professor Cass Sunstein and Judge Raymond Kethledge will open the symposium with a fireside chat exploring the conceptual question of why states choose to separate powers along with the relationship between the separation of powers and the rule of law. Featuring Hon. Raymond M. Kethledge, Judge, United States Court of Appeals for the Sixth Circuit and Lecturer on Law, Harvard Law School Prof. Cass R. Sunstein, Robert Walmsley University Professor, Harvard Law School

Panel 1: State Supreme Court Candidate Forum

May 15, 2024 19:55 - 1 hour - 90.3 MB

Featuring: Hon. Joseph Deters, Justice, Supreme Court of Ohio Hon. Michael Donnelly, Justice, Supreme Court of Ohio Hon. Lisa Forbes, Judge, 8th District Court of Appeals, State of Ohio Hon. Daniel Hawkins, Judge, Franklin County Court Hon. Megan Shanahan, Judge, Hamilton County Court Hon. Melody Stewart, Justice, Supreme Court of Ohio Moderator: Professor Chris Walker, University of Michigan Law School

Luncheon & Remarks

March 18, 2024 14:55 - 1 hour - 65.9 MB

Zionism: An Indigenous People’s Fight for its Ancient Homeland Judge Altman led us on a journey from 1208 BC (when the Merneptah Stele, the first extra-biblical mention of the People of Israel, was composed) to Israel's current war with Hamas. Along the way, Judge Altman showed that Jews are indigenous to the land of Israel, that Jews have lived in (and often ruled) the land of Israel for thousands of years, and that the State of Israel is a legitimate sovereign over the lands it now governs....

Banquet Dinner

March 18, 2024 14:50 - 1 hour - 75.6 MB

Perspectives on the Role of the Nation’s Chief Legal Officer A Conversation with Three U.S. Attorneys General Featuring: Hon. John Ashcroft, Former U.S Attorney General (2001-2005) Hon. William P. Barr, Former U.S Attorney General (1991-1993 and 2019-2020) Hon. Jeff Sessions, Former U.S Attorney General (2017-2018) Moderator: Beth Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; former Assistant Attorney General for the Office of Legal Policy

Panel IV: Florida’s Tort and Insurance Reform: Past, Present, and Future

March 18, 2024 14:45 - 1 hour - 69.4 MB

Lawmakers and courts have been reforming Florida’s tort and insurance laws for decades. From expansion of insurance bad faith and contraction of comparative fault in the 1990’s, to restrictions on medical malpractice suits in the 2000’s, to changes in tort and insurance litigation in the 2020’s, the legal landscape shifted dramatically. This panel will examine the latest reforms in the context of recent history, and it will debate where Florida policy should go from here. Featuring: Kansas...

Panel III: Race in Admissions: How SFFA v. Harvard and SFFA v. UNC are Changing Higher Education and the Legal Profession

March 18, 2024 14:40 - 1 hour - 62.7 MB

The panel will discuss how these decisions are transforming the admissions process in higher education and the impact on the legal profession. Included in the discussion will be the response from academia, the permissible limits of the use of race in admissions after these decisions, and what impact this is expected to have on corporate America and the legal profession. Featuring: Prof. Tracey Maclin, Raymond & Miriam Ehrlich Chair in US Constitutional Law , University of Florida Levin Col...

Young Lawyers Special Session: Making Winning Arguments

March 18, 2024 14:35 - 58 minutes - 53.4 MB

The state and federal bench has transformed in recent years, with more textualist/originalist judges appointed or elected. These changes are influencing how advocates should prepare to make winning arguments. A panel of jurists and leading litigators will offer their best advice to young advocates in making successful oral arguments and incorporating originalism and textualism into their briefs. They will offer their perspectives on how litigation tactics might change, if at all, at the appel...

Panel II: Amending the Florida Constitution: Ballot Initiatives and Judicial Review

March 18, 2024 14:30 - 1 hour - 75 MB

The citizen-initiative process allows the People of Florida to propose amendments to the state constitution, subject to Supreme Court review. But what is the appropriate scope of judicial review of such ballot initiatives? Does the single-subject rule enable outcome-driven judicial decision-making? This panel will discuss these questions and others in the context of the Adult Personal Use of Marijuana and the Amendment to Limit Government Interference with Abortion initiatives. Featuring: Da...

Panel I: Federalism and the Separation of Powers

March 18, 2024 14:25 - 1 hour - 82.9 MB

It has been said that American-style split sovereignty provides the people a “double security” for their liberties. And a distinct security too: where the Framers’ primary restraint on the avarice of the United States was the enumeration of its powers, each state is omnipotent and yet typically bound by a thicker conception of the proper ends of government. But these separate sovereigns interact in unique and sometimes puzzling ways that leave the state of the vertical separation of powers in...

Panel Three: School Choice and Trust in Education

February 28, 2024 16:11 - 1 hour - 73.8 MB

Traditionally, education has been seen as instilling the common shared civic values that Americans have held for since the nation’s founding. As the educational establishment has become increasingly more progressive, many states have begun to offer alternatives to traditional public-school education, particularly in the wake of the Covid pandemic when many schools were shut down. This has included laws that allow for educational savings accounts, charter schools, and home-schooling. However...

Panel Two: Do Citizens Still Trust the Democratic Process?

February 28, 2024 16:08 - 1 hour - 80 MB

From the 1960s onward, election lawyers on the political left focused on securing and expanding voting access. Lawyers on the political right focused on ensuring the integrity and accuracy of the voting process. Now, most academic literature suggests that there's fairly little disenfranchisement and fairly little voter fraud. Despite this evidence, the voting process has become increasingly controversial in recent years, with increasing attacks on election integrity and voting access. This ...

Panel One: Judicial Independence and Trust: Has Article III Become Too Political?

February 28, 2024 16:03 - 1 hour - 82.1 MB

All levels of the judiciary have faced increased attacks on their independence in recent years. Even trial court judges have faced increased scrutiny, particularly those in single-judge districts and those who have granted nationwide injunctions. “Reform” proposals such as adding justices, term limits, ethics codes, abolishing blue slips, and limiting the Court’s jurisdiction have been proposed by critics to limit the power of the courts. However, these proposals are nothing new: in decades p...

Remembering William Consovoy

February 06, 2024 15:54 - 59 minutes - 54.3 MB

Join the DC Young Lawyers Chapter and the George Mason Student Chapter for an evening conversation and reception. Featuring: Prof. Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University Thomas McCarthy, Partner, Consovoy McCarthy PLLC; Adjunct Professor, George Mason University Scalia Law Prof. Todd Zywicki, George Mason University Foundation Professor of Law,...

A Plea for Free Speech in Boston, Remembering Frederick Douglass's 1860 Speech

December 12, 2023 20:25 - 54 minutes - 50.3 MB

On Wednesday, November 29, the Harvard Student Chapter held a conversation, produced in partnership with the Harvard Alumni for Free Speech, featuring Prof. Randall Kennedy and Prof. Nadine Strossen to commemorate the 164th anniversary of Frederick Douglass's "Plea for Free Speech in Boston." Featuring: Prof. Randall Kennedy, Michael R. Klein Professor of Law, Harvard Law School Prof. Nadine Strossen, John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, Am...

Panel Discussion: The Consequences of Disruption

November 20, 2023 17:10 - 1 hour - 65.7 MB

Collegiality and the presumption that opposing counsel work together in good faith are bedrocks of the American legal profession, as well as unpopular ideas and clients being able to obtain competent representation and equal access to justice under the law. In recent years, there has been an increase in disruptive activity in law schools. We have seen law students declare ideas "too harmful" for open debate and try to “cancel” or “shame” anyone who challenges their views. We have also seen in...

Panel Discussion: Legal Challenges Involving Gender Identity Post-Bostock

November 20, 2023 17:00 - 1 hour - 71.3 MB

Litigation and legislation involving complex issues regarding gender identity are at the forefront of public interest. States and other authorities face questions about legality, morality, or advisability of treatment for minors. Courts are being asked to adjudicate who can participate in sex-segregated sporting competitions. Advocates on all sides of these complex gender identity issues portray their position as a matter of fairness. When minors are involved all sides claim to seek to pr...

Showcase Panel IV: How Originalist is the Supreme Court?

November 17, 2023 20:55 - 1 hour - 128 MB

Featuring: Prof. J. Joel Alicea, Co-Director, Project on Constitutional Originalism and the Catholic Intellectual Tradition, Assistant Professor of Law, Columbus School of Law, The Catholic University of America Prof. Randy E. Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center; Founding Director, Georgetown Center for the Constitution Prof. Richard H. Fallon, Story Professor of Law, Harvard Law School Prof. Stephen E. Sachs, Antonin Scalia Professor...

15th Annual Rosenkranz Debate & Luncheon

November 17, 2023 20:50 - 1 hour - 110 MB

The 2023 National Lawyers Convention will take place November 9-11, 2023 at the Mayflower Hotel in Washington, DC. The topic of the conference is "Originalism on the Ground." The final day of the conference will feature the fifteenth annual Rosenkranz Debate. RESOLVED: States Can Constitutionally Regulate the Content Moderation Policies of Facebook and Twitter Featuring: Prof. Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York Universit...

The Injunction Function: Is IP Law Promoting Markets for Innovators and Creators?

November 17, 2023 20:45 - 1 hour - 129 MB

In patent and copyright law, injunctions are now a subject of significant policy debate. Innovators say they are unable to stop predatory infringement. Creators state they are unable to stop large-scale piracy websites. If so, this undermines the rewards promised by the intellectual property system and devalues the commercial assets that drive the global innovation economy in new technologies and creative works. Others state that intellectual property owners use injunctions to hold up innovat...

Second Amendment: Will the Supreme Court Adhere to Bruen (and Originalism) in Rahimi and Beyond?

November 17, 2023 20:40 - 1 hour - 121 MB

Oral argument was held in U.S. v. Rahimi on November 7, 2023. The case asks whether 18 U.S.C. Section 922(g)(8), which prohibits possession of firearms by persons subject to domestic violence restraining orders violates the Second Amendment on its face. What does the Court's jurisprudence foretell about the decision? Is there an obvious originalist answer? Featuring: Prof. William G. Merkel, Associate Professor, Charleston School of Law Prof. Mark W. Smith, Senior Fellow, Ave Maria School...

Nightmare on Half Street? Free Speech and the NLRB

November 17, 2023 20:40 - 1 hour - 119 MB

Is the National Labor Relations Board doing more than any other federal agency to impose broad restrictions on non-coercive speech, based exclusively on whether the speaker is an employer? Under other statutes, speech prohibitions require evidence of actual threats, unlawful retaliation or potential injury to health and safety, and the National Labor Relations Act expressly protects the right to express “views,” “argument” and “opinion” unless the message &...

Showcase Panel III: Originalism on the Ground

November 17, 2023 20:35 - 1 hour - 140 MB

Featuring: Prof. John C. Harrison, James Madison Distinguished Professor of Law, University of Virginia School of Law Hon. Randolph Moss, United States District Court, District of Columbia Hon. Andrew S. Oldham, Judge, United States Court of Appeals, Fifth Circuit Prof. Jed H. Shugerman, Boston University School of Law Moderator: Hon. Gregory G. Katsas, Judge, United States Court of Appeals, District of Columbia Circuit

22nd Annual Barbara K. Olson Memorial Lecture

November 17, 2023 20:30 - 51 minutes - 70.3 MB

(Ticketed event) On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara K. 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 believes that it is most fitting to dedicate an annual lecture on limited government and the spirit of freedom to the memory of Barbara Olson. She had a deep commitment to the rule of law ...

Mere Natural Law

November 17, 2023 20:30 - 1 hour - 112 MB

The U.S. Supreme Court’s originalist jurisprudence has been on display in its most recent terms – consider the constitutional analysis in major cases like Bruen and Dobbs. But is the Court’s originalism sound? In his newly released book, Mere Natural Law, Professor Hadley Arkes argues that the Court’s ascendant mode of interpretation insufficiently relies upon the natural moral law. Critics assert that such reliance would be difficult, if not impossible, to moor to obj...

Fair Elections in an Era of Partisanship

November 17, 2023 20:25 - 1 hour - 134 MB

Recent years have seen unprecedented controversies about election rules, including mail-in ballots and drop boxes, partisan and racial gerrymandering, early voting, ballot harvesting, and methods of vote counting. Because election laws have partisan consequences, the legislators who make election laws, the officials who administer elections, and the judges who decide election cases are often suspected of exercising power so as to increase their own side’s electoral chances. As we look a...

FISA Section 702 Revisited: Originalist Interpretations and Constitutional Constraints

November 17, 2023 20:20 - 1 hour - 78.4 MB

Featuring: Hon. Stewart Baker, Of Counsel, Steptoe & Johnson LLP Hon. Beth A. Williams, Board Member, United States Privacy and Civil Liberties Oversight Board Mr. Gene C. Schaerr, Partner, Schaerr Jaffe LLP Prof. John Yoo, Emanuel Heller Professor of Law, University of California Berkeley School of Law Moderator: Hon. Paul Matey, United States Court of Appeals, Third Circuit

Insurrection and the 14th Amendment

November 17, 2023 20:15 - 1 hour - 83.9 MB

Updated 12/20/2023: The Colorado Supreme Court recently decided Former President Donald Trump in ineligible to appear on the 2024 ballot. Read that decision here. Featuring: Prof. William Baude, Professor of Law and Faculty Director, Constitutional Law Institute, University of Chicago Law School Prof. Michael W. McConnell, Richard and Frances Mallery Professor and Director, Constitutional Law Center, Stanford Law School; Senior Fellow, Hoover Institution Moderator: Prof. Julia D. Mahoney...

Originalism and the Communications Act of 1934

November 17, 2023 20:10 - 1 hour - 70.3 MB

In recent months, the U.S. Senate confirmed a third Democratic Commissioner at the Federal Communications Commission, putting the agency in full force for the first time since January 2021. This panel will focus on the FCC’s likely agenda as we look to 2024. It will also explore the bounds of the Communications Act of 1934, as updated by the Telecommunications Act of 1996, when applied to modern technology, areas for possible legislative reform, and how the existing regulatory authority...

SFFA and Beyond

November 17, 2023 20:07 - 1 hour - 75.4 MB

This year the Supreme Court issued its long-awaited decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. The Court held that the admissions programs of Harvard College and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment. The Court’s ruling elevates a colorblind reading of the Fourteenth Amendment. In the college admissions context, the decision makes unconstitutional certain policies that would favo...

The Administrative State, Its Supporters and Its Discontents

November 17, 2023 19:45 - 1 hour - 123 MB

The administrative state - the agencies comprising the Executive Branch of the U.S. federal government - has exploded in size and reach since 1946 when President Truman signed the Administrative Procedure Act into law. The APA has been amended a bit since then, but has it kept up with current challenges? While the Executive Branch has been growing, the other two branches of government have been changing as well. Congress has increasingly tended to delegate authority to agencies. And courts ar...

Fireside Chat with FTC Chair Lina Khan

November 17, 2023 19:40 - 44 minutes - 60.9 MB

Featuring: Hon. Lina M. Khan, Chair, Federal Trade Commission Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia, Law School, George Mason University

Showcase Panel II: Whither Precedent?

November 17, 2023 19:35 - 1 hour - 107 MB

No one maintains that the Court has always and forever been originalist in its orientation. By any definition of "originalism," there is a vast body of case law that does not conform to it. How do and should modern originalists - and here one might specifically include lower-court judges who consider themselves originalist - handle this case law? Do non-originalist precedents count for nothing, no matter the expectations built upon them? If they count, how much do they count? Given the inter...

Religious Liberty in the Work-and-Market-place

November 17, 2023 19:05 - 1 hour - 121 MB

The Supreme Court’s decisions in 303 Creative LLC v. Elenis and in Groff v. DeJoy posed issues about religious freedom in the workplace and religiously motivated speech in the marketplace. This panel will consider the cases and their implications for religious freedom, especially how future cases might apply the tests articulated by the Court for “substantial costs” to a business for making an accommodation in Groff, and for what counts as expressive messages protected again...

The Judiciary's Federalist Revival

November 17, 2023 19:00 - 1 hour - 123 MB

In recent years, the U.S. Supreme Court has emphasized the federalist nature of our national Constitution and the importance of preserving state sovereignty. This trend is evident in several of the Court's decisions – Dobbs most notable among them – that have recognized and reinforced the authority of individual states in matters of health, safety, and morals. As a result of this return to federalism, some of the nation’s most interesting and groundbreaking legal work is bei...

After Dobbs and Samia: The Potential Implications of Applying a Dobbs Lens to the Supreme Court’s Constitutional Criminal Jurisprudence

November 17, 2023 18:55 - 1 hour - 78.7 MB

Stare Decisis, a Latin term meaning “let it stand,” is a key element of how American law is interpreted, applied, and adjudicated. When applied, it leads courts to stand by decided cases, to uphold precedents, and/or to maintain former adjudications. How exactly that principle should be applied, however, is a topic of some debate. In Dobbs v. Jackson Women’s Health Organization, the Supreme Court held that a proper application of stare decisis required an assessment of the s...

Originalist Perspectives on Ethics and the Supreme Court

November 17, 2023 18:50 - 1 hour - 122 MB

Article III of the Constitution vests the “judicial Power” in “one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Our founding document recognizes that the Supreme Court stands apart from the rest of the federal judiciary. Yet, Congress has long regulated several aspects of the high court, including its appellate jurisdiction, rules for establishing a quorum, and standards for recusal. Some critics argue that Con...

A Creature of Statute: American Antitrust Law

November 17, 2023 18:45 - 1 hour - 81.8 MB

Although a creature of statute, American antitrust law functions in practice as a field of common law. Courts have had the preeminent role in shaping the contours of its application, imposing the “rule of reason” and defining concepts like competition and the use of economic evidence. While antitrust precedents are closely examined by practitioners and academics alike, less attention is paid to whether the developments in antitrust law over the last century are consistent with the...

Defend the Constitution, Save the Planet: The Role of Public Interest Groups in Shaping Environmental Law

November 17, 2023 18:40 - 1 hour - 122 MB

The United States adopted its modern environmental statutes in the 1970s. Among other innovations, Congress incorporated citizen suit provisions into the Clean Air, Clean Water Act, and Endangered Species Act. These created causes of action allowing individuals and interested entities to sue to enforce the environmental laws. At the same time, courts took an increasingly expansive view of the private citizen standing to challenge agency actions through the Administrative Procedures Act. For ...

Do States Enjoy a Special Solicitude?

November 17, 2023 18:35 - 1 hour - 104 MB

Over the last two decades, states have played an important and increasing role in federal policymaking through state-led litigation. Unsurprisingly, a state’s Article III standing is often a hotly contested question—with increasing attention from the Supreme Court and what some might argue are scattershot results. Are states subject to traditional standing analysis, as the Court said in Biden v. Nebraska (2023)? Do they get “special solicitude,” as the Court observed i...

The Future of DEI in Business

November 17, 2023 18:30 - 1 hour - 133 MB

Featuring: Ms. Erin E. Murphy, Partner, Clement & Murphy, PLLC Mr. Patrick Strawbridge, Partner, Consovoy McCarthy Park PLLC Hon. Seth P. Waxman, Partner, WilmerHale; Former United States Solicitor General Moderator: Hon. Timothy M. Tymkovich, United States Court of Appeals, Tenth Circuit

Hyperextension? Federal Financial Agencies & Cryptocurrency Regulation

November 17, 2023 17:45 - 1 hour - 123 MB

In recent years federal executive branch agencies have enacted a “whole of government” approach to hot-button topics like environmental, social, governance (ESG) and cryptocurrency regulation. This theory of policy administration combines the efforts of multiple executive branch agencies with different expertise and authorities toward achieving a singular objective. Some of the agencies marshaled to address cryptocurrency regulation include the Securities and Exchange Commission ...

Showcase Panel I: Roundtable: Originalism on the Ground

November 17, 2023 17:40 - 2 hours - 181 MB

Trying to sort out what originalism means in practice requires integrating insights from all levels of the legal system, from academicians (both legal and historical), lawyers (from private practice, public interest, business, and government), and the bench (both trial and appellate and both state and federal). In this Roundtable, participants representing many of those elements of the legal culture offer insights on the current state of originalism in legal practice. Is there an identifiable...

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