Federalist Society Event Audio

The Latest in the Financial Services Crises: Government Control v. the Free Market 11-21-08

info@fed-soc.org — 10 Dec 2008 22:12:31 GMT

The Federalist Society's Financial Services & E-Commerce Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Mr. Bert Ely of Ely & Company, Inc., Mr. Scott M. Polakoff of the Office of Thrift Supervision at the U.S. Department of the Treasury, Mr. Alex J. Pollock of the American Enterprise Institute, Mr. Andrew Redleaf of Whitebox Advisors, LLC, Mr. John Taylor of the National Community Reinvestment Coalition, Hon. Peter J. Wallison of the American Enterprise Institute, Prof. Todd J. Zywicki of George Mason University School of Law, and Judge Douglas Ginsburg of the United States Court of Appeals for the District of Columbia Circuit as the moderator.

The Heller Case 11-20-08

info@fed-soc.org — 10 Dec 2008 22:11:05 GMT

The Federalist Society's Civil Rights Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. Nelson R. Lund of George Mason University School of Law, Mr. Clark Neily of the Institute for Justice, Prof. Lucas A. Powe, Jr., of University of Texas School of Law, Prof. Adam Winkler of University of California, Los Angeles School of Law, and Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit as the moderator.

The Disciplining of Federal Judges 11-20-08

info@fed-soc.org — 10 Dec 2008 22:09:50 GMT

The Federalist Society's Professional Responsibility Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. Charles Gardner Geyh of Indiana University School of Law—Bloomington, Prof. Arthur D. Hellman of University of Pittsburgh School of Law, Judge Dennis G. Jacobs of the United States Court of Appeals for the Second Circuit, and Mr. David Reinhard, formerly of The Oregonian, as the moderator.

The International Religious Freedom Act 11-20-08

info@fed-soc.org — 10 Dec 2008 22:08:41 GMT

The Federalist Society's Religious Liberties Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. Thomas F. Farr of Georgetown University, Prof. Richard W. Garnett, IV of Notre Dame Law School, Dr. T. Jeremy Gunn of the American Civil Liberties Union, and Mr. William L. Saunders of the Family Research Council as the moderator.

The 25th Anniversary of Chevron 11-22-08

info@fed-soc.org — 9 Dec 2008 23:25:36 GMT

The Federalist Society's Administrative Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 22, 2008. The panelists included Hon. Ronald A. Cass of Cass & Associates, PC and Dean Emeritus at Boston University School of Law, Prof. William N. Eskridge, Jr., of Yale Law School, Prof. Kristin E. Hickman of University of Minnesota Law School, Prof. Thomas W. Merrill of Yale Law School, and Hon. Eileen J. O'Connor of Pillsbury Winthrop Shaw Pittman LLP, and former Assistant Attorney General of the Tax Division at the United States Department of Justice as the moderator.

Freedom of Speech vs. Anti-Discrimination Laws 11-21-08

info@fed-soc.org — 9 Dec 2008 23:24:30 GMT

The Federalist Society's Free Speech & Election Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Prof. David Bernstein of George Mason University School of Law, Prof. Andrew Koppelman of Northwestern University School of Law, Prof. Kenneth I. Marcus of Baruch College/CUNY School of Public Affairs, Prof. Eugene Volokh of University of California, Los Angeles School of Law, and Prof. Lillian R. BeVier of University of Virginia School of Law as the moderator.

The Roberts Court and Federalism 11-21-08

info@fed-soc.org — 9 Dec 2008 23:23:28 GMT

The Federalist Society's Federalism & Separation of Powers Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Hon. Paul D. Clement, Former United States Solicitor General, Hon. Walter E. Dellinger III of Duke University School of Law and former Acting United States Solicitor General, Dean John C. Eastman of Chapman University School of Law, Prof. Jeffrey Rosen of George Washington University Law School, and Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit as the moderator.

Civil Litigation under the Roberts Court 11-21-08

info@fed-soc.org — 9 Dec 2008 23:21:34 GMT

The Federalist Society's Litigation Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Hon. Gregory G. Katsas, Assistant Attorney General of the Civil Division for the United States Department of Justice, Mr. Robert S. Peck of the Center for Constitutional Litigation, Mr. Carter G. Phillips of Sidley Austin, Dr. Roger Pilon, Vice President for Legal Affairs, B. Kenneth Simon Chair for Constitutional Studies, and Director of the Center for Constitutional Studies at the Cato Institute, Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and Dean Kenneth W. Starr of Pepperdine University School of Law and former United States Solicitor General as the moderator.

Labor Initiatives in the New Administration 11-21-08

info@fed-soc.org — 9 Dec 2008 23:19:58 GMT

The Federalist Society's Labor & Employment Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 21, 2008. The panelists included Ms. Holly B. Fechner of Covington & Burling LLP, Hon. William J. Kilberg of Gibson, Dunn & Crutcher and Former Solicitor for the United States Department of Labor, Mr. James A. Paretti of the United States House of Representatives Committee on Education & Labor, Mr. William Samuel of the AFL-CIO, and Judge Timothy M. Tymkovich of the United States Court of Appeals for the Tenth Circuit as the moderator.

Address by Justice Antonin Scalia 11-22-08

info@fed-soc.org — 5 Dec 2008 00:59:51 GMT

United States Supreme Court Justice Antonin Scalia delivered this address at the 2008 National Lawyers Convention on Saturday, November 22, 2008. Introduction by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.

Regulation of Judicial Conduct 11-22-08

info@fed-soc.org — 5 Dec 2008 00:57:59 GMT

Is recent congressional interest in curtailing participation of judges in conferences and educational programs a chilling effort to curtail free speech, or is it a necessary insulation of the judiciary from special interest groups and their influence? What kind of extra-judicial participation in conferences and programs ought judges be allowed to engage in? Should Congress be concerned about the amount of time some justices of the Supreme Court spend with European and other foreign jurists. What, if anything, should be done to control the foreign or domestic education programs in which federal judges participate? Panelists include Judge A. Raymond Randolph of the United States Court of Appeals for the District of Columbia Circuit, Mr. Robert F. Schiff of the United States Senate's Subcommittee on the Judiciary, Prof. Eugene Volokh of the University of California, Los Angeles School of Law, and Judge Carlos T. Bea of the United States Court of Appeals for the Ninth Circuit.

1st Annual Rosenkranz Discussion 11-22-08

info@fed-soc.org — 5 Dec 2008 00:47:49 GMT

The Federalist Society's 1st Annual Rosenkranz Discussion was held on November 22, 2008. Panelists included Judge Michael W. McConnell of the United States Court of Appeals for the Tenth Circuit, Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit, and Prof. Nicholas Quinn Rosenkranz of the Georgetown University Law Center as the moderator. Introduction by Mr. Eugene B. Meyer, President of The Federalist Society.

The SEC and the Financial Services Crisis of 2008 11-22-08

info@fed-soc.org — 5 Dec 2008 00:46:13 GMT

The Federalist Society's Corporations Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 22, 2008. The panelists included Hon. Paul S. Atkins, former Commissioner of the United States Securities & Exchange Commission, Prof. Edmund Kitch of the University of Virginia School of Law, Prof. Jonathan R. Macey of Yale Law School, Hon. George J. Terwilliger III, of White & Case LLP and former United States Deputy Attorney General, and Prof. Stephen Bainbridge of the University of California, Los Angeles School of Law as the moderator.

Second Look Doctrines 11-22-08

info@fed-soc.org — 5 Dec 2008 00:44:55 GMT

Some scholars have praised Canada, Britain, and Israel for having a form of judicial review where a legislative majority in a clear statute can override an erroneous high court ruling or suspend it from taking effect. The argument is that judicial review is inherently counter-majoritarian and undemocratic, so legislative majorities should be able to overrule erroneous Supreme Court decisions. Should Congress be able to override U.S. Supreme Court decisions the way it can override a presidential veto? What majority ought to be required for such an override? Ought state voters in initiatives and referenda be able, by majority vote, to amend state constitutions so as to override state supreme courts? Panelists include Judge Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit, Prof. Richard A. Epstein of the University of Chicago Law School, Prof. Neal K. Katyal of the Georgetown University Law Center, and Hon. Larry D. Thompson of Pepsico, Inc., and former Deputy United States Attorney General as the moderator.

8th Annual Barbara K. Olson Memorial Lecture 11-21-08

info@fed-soc.org — 5 Dec 2008 00:42:27 GMT

On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara 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 established this annual lecture in Barbara's memory because of her enormous contributions as an active member, supporter, and volunteer leader. Solicitor General Theodore B. Olson delivered the first lecture in November 2001. The lecture series continued in following years with other notable individuals. In 2008, Judge Edith H. Jones of the Court of Appeals for the Fifth Circuit delivered the lecture.

Address by Mark Steyn 11-21-08

info@fed-soc.org — 5 Dec 2008 00:41:09 GMT

Columnist Mark Steyn delivered this address at the 2008 National Lawyers Convention on Friday, November 21, 2008. Introduction by Prof. Steven Calabresi of Northwestern University School of Law and Chairman of The Federalist Society Board of Directors.

Judicial Independence Dialogue 11-21-08

info@fed-soc.org — 5 Dec 2008 00:39:20 GMT

This panel on "Judicial Independence" was presented at the Federalist Society's 2008 National Lawyers Convention on Friday, November 21, 2008. Panelists include Hon. William H., Pryor Jr. of the United States Court of Appeals for the Eleventh Circuit, Mr. H. Thomas Wells Jr. of the American Bar Association and Maynard, Cooper & Gale, P.C., and Mr. M. Edward Whelan III of the Ethics and Public Policy Center as the moderator.

Judicial Tenure: Life Tenure or Fixed Nonrenewable Terms? 11-21-08

info@fed-soc.org — 5 Dec 2008 00:37:26 GMT

The Supreme Court of the United States is the only major court of its kind in the world where justices have life tenure rather than serving for a term of years or subject to a mandatory retirement age. Not only has every other western democracy rejected life tenure, but forty-nine out of fifty states have rejected it for their state supreme courts as well. Is life tenure for U.S. Supreme Court justices a good idea, or is it an 18th Century anachronism? What can or should be done about the fact that the average tenure of Supreme Court Justices has increased from 15 to 27 years since 1970? Ought we to be concerned if vacancies on the Supreme Court open up only once every four years instead of once every two as happened between 1789 and 1970? Panelists include Prof. Stephen B. Burbank of the University of Pennsylvania Law School, Hon. Charles J. Cooper of Cooper & Kirk, PLLC, Prof. James Lindgren of Northwestern University School of Law, Prof. David R. Stras of the University of Minnesota School of Law, and Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit.

Keynote Address by U.S. Attorney General Michael B. Mukasey 11-20-08

info@fed-soc.org — 5 Dec 2008 00:35:20 GMT

United States Attorney General Michael Mukasey delivered this address during the Annual Dinner on Thursday, November 20, as part of the 2008 National Lawyers Convention. Introduction by Hon. Theodore B. Olson of Gibson Dunn & Crutcher and former U.S. Solicitor General.

International Law & the Separation of Powers 11-20-08

info@fed-soc.org — 5 Dec 2008 00:34:05 GMT

The Federalist Society's International & National Security Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. John O. McGinnis of Northwestern University School of Law, Hon. Randy Moss of WillmerHale, Mr. David R. Rivkin, Jr., of Baker & Hostetler LLP, Prof. John C. Yoo of the University of California, Berkeley, Boalt Hall School of Law, and Mr. François-Henri Briard of Delaporte, Briard & Trichet and President of The Federalist Society Paris Chapter as the moderator.

The Policy Implications of the Reaction to Climate Change 11-20-08

info@fed-soc.org — 5 Dec 2008 00:32:57 GMT

The Federalist Society's Environmental Law & Property Rights Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. Jonathan Adler of Case Western Reserve University School of Law, Prof. John C. Dernbach of Widener University Law School, Mr. Steven F. Hayward of the American Enterprise Institute, Prof. Jeremy A. Rabkin of George Mason University School of Law, and Judge Jeffrey S. Sutton of the United States Court of Appeals for the Sixth Circuit as the moderator.

Specialized Courts: Lessons from the Federal Circuit 11-20-08

info@fed-soc.org — 5 Dec 2008 00:31:32 GMT

The Federalist Society's Intellectual Property Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Prof. F. Scott Kieff of Washington University School of Law, Mr. Don Martens of Knobbe Martens Olson & Bear LLP, Prof. Arti K. Rai of Duke University School of Law, and Judge Randall R. Rader of the United States Court of Appeals for the Federal Circuit.

The Prosecution of Public Corruption 11-20-08

info@fed-soc.org — 5 Dec 2008 00:29:49 GMT

The Federalist Society's Criminal Law Practice Group presented this panel discussion at the 2008 Annual National Lawyers Convention on November 20, 2008. The panelists included Dr. John S. Baker Jr. of Louisiana State University Paul M. Hebert Law Center, Hon. Alice Fisher of Latham & Watkins and former Assistant Attorney General of the United States Department of Justice, Mr. Daniel E. Reidy of Jones Day, Mr. Robert Trout of Trout Cacheris, PLLC, and Judge Merrick Garland of the United States Court of Appeals for the District of Columbia Circuit as the moderator.

Address by Secretary Michael Certoff 11-20-08

info@fed-soc.org — 3 Dec 2008 22:27:39 GMT

United States Secretary of Homeland Security Michael Chertoff delivered this address at the 2008 National Lawyers Convention on Thursday, November 20, 2008. Introduction by Hon. Lee Liberman Otis, Senior Vice President and Faculty Director for the Federalist Society.

Judicial Selection: Federal and State 11-20-08

info@fed-soc.org — 3 Dec 2008 22:26:21 GMT

Is the process we use for selecting judges broken at both the federal and the state level? Acrimony in federal judicial selection intensified with the Robert Bork and Clarence Thomas Hearings, escalated when Republicans delayed some Clinton nominees, and then the confirmation process fell apart completely under President George W. Bush as Senate Democrats refused to hold hearings on nominees for years or filibustered them on the floor of the Senate. This panel will examine what, if anything, can be done to repair the federal judicial appointment process. It will also consider the longstanding debate at the state level over election versus appointment of state judges. Is merit selection an answer, or would it surrender the last vestiges of democratic control over the judiciary to a special interest trial lawyer elite? Panelists include Prof. Meryl J. Chertoff of the Sandra Day O’Connor Project on the State of the Judiciary at the Georgetown University Law Center, Prof. William K. Kelley of Notre Dame Law School, Prof. William P. Marshall of University of North Carolina School of Law, Hon. Harold F. See, Jr., of the Supreme Court of Alabama, and Hon. Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit as the moderator.

Opening Address by Senator Mitch McConnell 11-20-08

info@fed-soc.org — 3 Dec 2008 22:23:45 GMT

United States Senator Mitch McConnell delivered the Opening Address at the 2008 National Lawyers Convention on Thursday, November 20, 2008. Introduction by Leonard Leo, Executive Vice President of the Federalist Society.

The 2008 Election and the Federal Courts 10-28-08

info@fed-soc.org — 13 Nov 2008 18:27:53 GMT

On October 28, 2008, the Michigan Lawyers Chapter presented a debate on "The 2008 Election and the Federal Courts." The subject of this debate was the impact of the 2008 presidential election on the Supreme Court, the lower federal courts, and the direction of federal jurisprudence. Panelists include Prof Douglas Kmiec of Pepperdine University Law School and Ms. Wendy Long of The Judicial Confirmation Network.

Address by George W. Bush 10-6-08

info@fed-soc.org — 27 Oct 2008 22:53:10 GMT

On October 6, 2008, the Federalist Society's Cincinnati Chapter and the Ashbrook Center for Public Affairs co-sponsored a conference titled "The Presidency and the Courts." The Keynote Address was delivered by President George W. Bush of the United States. President Bush was introduced by Pter W. Schramm of the Ashbrook Center for Public Affairs.

Interpreting the Constitution: The Founders and Today 10-6-08

info@fed-soc.org — 27 Oct 2008 22:52:04 GMT

On October 6, 2008, the Federalist Society's Cincinnati Chapter and the Ashbrook Center for Public Affairs co-sponsored a conference titled "The Presidency and the Courts." This panel featured Robert D. Alt of The Heritage Foundation, Paul Clement, Former U.S. Solicitor General, David Forte of Cleveland-Marshall College of Law, Michael J. Gerhardt of University of North Carolina School of Law, and Doug Cole of Jones Day as the moderator.

Address by Edwin Meese III 10-6-08

info@fed-soc.org — 27 Oct 2008 22:50:37 GMT

On October 6, 2008, the Federalist Society's Cincinnati Chapter and the Ashbrook Center for Public Affairs co-sponsored a conference titled "The Presidency and the Courts." This luncheon address featured Former U.S. Attorney General Edwin Meese III. Introduction by Charles M. Miller of Keating, Muething & Klekamp PLL.

The Presidency and the Federal Courts: Historical Reflections 10-6-08

info@fed-soc.org — 27 Oct 2008 22:48:23 GMT

On October 6, 2008, the Federalist Society's Cincinnati Chapter and the Ashbrook Center for Public Affairs co-sponsored a conference titled "The Presidency and the Courts." This panel featured Louis D. Bilionis of University of Cincinnati College of Law, Wendy Long of the Judicial Confirmation Network, Jeffrey Sikkenga of Ashland University, M. Edward Whelan III of the Ethics and Public Policy Center, and Charles M. Miller of Keating Muething & Klekamp PLL as the moderator.

Gay Marriage and the Role of the Judiciary 10-23-08

info@fed-soc.org — 27 Oct 2008 20:58:27 GMT

On May 15, 2008, the California Supreme Court decided In re Marriage Cases. In a 4-3 decision, it followed the lead of the Massachusetts Supreme Court’s Goodridge decision, holding that failure to permit same-sex marriage is a denial of equal protection. California will ultimately decide the issue in November by plebiscite, when the California Protection of Marriage Initiative is put to a vote. Recently on October 10, 2008, Connecticut became the third state to legalize same-sex marriage in Kerrigan v. the State Commissioner of Public Health in which the state Supreme Court struck down a statutory ban by a 4-3 decision. -- This Federalist Society panel will focus on the proper role of the judiciary. Were the decisions of the Massachusetts, Connecticut, and California courts exercises in judicial activism? Or were these jurists, bound by their oath to uphold the state constitution, faithfully applying the law to a novel situation? In the coming years, other unforeseen equal protection arguments concerning any number of issues are likely to be presented to the courts. For example, recent legal cases and news stories concerning adoption and polygamy will challenge traditional family structures. How should the judiciary act in these and other situations? This panel offers a range of perspectives on what the future of the judiciary may hold. -- Panelists include Mr. Charles J. Cooper of Cooper & Kirk, PLLC, Ms. Maggie Gallagher of the Institute for Marriage and Public Policy, Hon. Jamin Raskin of the Maryland State Senate and American University College of Law, Ms. Lara Schwartz of the Human Rights Campaign, and Mr. Stuart Taylor Jr. of National Journal and Newsweek as the moderator.

Election Through Litigation 10-7-08

info@fed-soc.org — 16 Oct 2008 21:27:32 GMT

On October 7, 2008, the Federalist Society held presented the 2008 Election Law Conference. In recent years, the courts (both federal and state) have become increasingly involved in elections. Before Election Day, courts are involved in determining whether and how candidates and initiatives qualify for inclusion on the ballot. On Election Day, courts decide whether voting problems or irregularities require that polling places be kept open beyond the hours originally intended. After Election Day, courts are involved in election contests and protests. Is the ubiquitous involvement of the judiciary in the election process nothing more than a reflection of the litigiousness of our society? Is it a healthy or unwelcome development with possible separation of powers implications? If unwelcome, is there any way to "put the genie back in the bottle," or to limit the involvement of the judiciary? Panelists include Mr. Adam Bonin of Cozen O’Connor, Mr. James Bopp of Bopp, Coleson & Bostrom, Mr. John Fund of The Wall Street Journal, and Mr. Erik S. Jaffe of the Law Offices of Erik S. Jaffe as the moderator.

Election Finance and 527s 10-7-08

info@fed-soc.org — 16 Oct 2008 21:25:02 GMT

On October 7, 2008, the Federalist Society held presented the 2008 Election Law Conference. This panel will consider the laws and regulations that limit or restrict giving, receiving, and/or spending related to an election, as well as the constitutional requirements and boundaries for such rules. Thus, the panel will consider the topics that generally fall under the umbrella of campaign finance, most notably the continued fight over who can contribute and/or expend what money on political advertising. The Bipartisan Campaign Reform Act of 2002 (BCRA), popularly known as McCain-Feingold, was supposed to usher in a new bright line rule when it came to broadcast advertising that referred to a federal candidate around election time. However, this rule has never been implemented, and the contribution and expenditure of so-called "soft money" around election time has persisted. The presidential election cycle of 2004 was replete with broadcast advertisements referring to candidates that were paid for using "soft money." Our panel will discuss potential constitutional, statutory, and regulatory questions about the free speech rights of non-profit or tax-exempt groups such as so-called 527 and 501(c)(4) organizations. Panelists include Mr. Joseph M. Birkenstock of Caplin Drysdale, Mr. James Bopp of Bopp, Coleson & Bostrom, Hon. Bradley A. Smith of Capital University Law School and former member of the Federal Election Commission, Mr. Scott E. Thomas of Dickstein Shapiro, and Mr. Reid Alan Cox of the Center for Competitive Politics as the moderator.

The Scope of the Franchise, 2008 10-7-08

info@fed-soc.org — 16 Oct 2008 21:17:37 GMT

On October 7, 2008, the Federalist Society held presented the 2008 Election Law Conference. This panel will consider the various means by which states are regulating qualifications and registration of voters and voting. It will consider absentee, early voting, and Election Day issues. What federal interests are served when litigators challenge state election administration under the Constitution? Do states restrict access to voting primarily for "invidious" reasons, to serve partisan interests, or to ensure the integrity of the electoral system -- and does the state’s purpose matter? Must states extend the right to vote to ex-felons? Can same-day registration provide greater access without also providing greater opportunities for fraud? Has technology improved confidence in elections or increased anxiety? To what degree should the state regulation of elections and the franchise be preempted by Congress to provide uniform national rules? Panelists include Mr. David B. Muhlhausen, Ph.D., of the Center for Data Analysis at The Heritage Foundation, Mr. Douglas Kellner of the New York State Board of Elections, Hon. Hans A. von Spakovsky, former member of the Federal Election Commission and Counsel to the Assistant Attorney General for Civil Rights, U.S. Department of Justice, Ms. Wendy R. Weiser of the Brennan Center for Justice, and Prof. Allison Hayward of George Mason University School of Law as the moderator.

A Preview of the Supreme Court October 2008 Term 10-2-08

info@fed-soc.org — 3 Oct 2008 17:12:44 GMT

The Federalist Society recently sponsored a panel of noted legal practitioners and scholars on the upcoming Supreme Court term. Panelists included Allyson Ho of Morgan Lewis, William Otis, Former White House Special Counsel, Virginia Seitz of Sidley Austin, Kannon Shanmugam, Former Assistant to the Solicitor General, George Terwilliger of White & Case and Former Deputy Attorney General, and Terry Eastland of The Weekly Standard as the moderator.

Stockholders at the Wheel: Shareholder Access Rule 9-23-08

info@fed-soc.org — 29 Sep 2008 20:21:32 GMT

On November 28, 2007, the Securities and Exchange Commission voted to adopt an amendment to Rule 14a-8(i)(8), codifying the commission’s long-standing interpretation that a company may exclude from its proxy materials shareholder proposals relating to making or opposing a director nomination or to setting up a process that would allow shareholders to conduct an election contest in the future by requiring the company to include director nominations from shareholders in the company’s own proxy materials. In their 2006 decision of AFSCME v. AIG, the Second Circuit declined to defer to the Commission’s interpretation of Rule 14a-8(i)(8), requiring AIG to include a proposal from AFSCME in its proxy materials that would amend AIG’s bylaws to allow shareholders to include nominations of individuals for election as directors in subsequent proxy materials. The SEC’s amendment codifies the position it has taken on an individual basis in no-action and interpretive letters. Chairman Cox further stated that the Commission could "re-open this discussion in 2008 to consider how to strengthen the proxy rules to better vindicate the fundamental state law rights of shareholders to elect directors." The question of shareholder access to proxy materials implicates important values on both sides of a continuing controversy. Permitting access to the company’s proxy materials would facilitate the right of shareholders to nominate and elect directors, while rendering infeasible the existing proxy rules’ requirement of full disclosure. Panelists include Prof. Stephen Bainbridge of UCLA School of Law, Mr. Damon A. Silvers of the American Federation of Labor and Congress of Industrial Organizations, Mr. John Olson of Gibson Dunn & Crutcher LLP, Hon. E. Norman Veasey of Weil, Gotshal & Manges, and Judge Brett Kavanaugh of the United States Court of Appeals for the D.C. Circuit as the moderator.

Health Care and the Environment 9-12-08

info@fed-soc.org — 24 Sep 2008 21:54:58 GMT

On September 12, 2008, the Federalist Society and the American Enterprise Institute co-sponsored a conference titled "The Future of Federalism." This panel featured Prof. Jonathan Adler of Case Western Reserve University School of Law, Prof. James Blumstein of Vanderbilt Law, Mr. Tom Miller of AEI, and Mr. Theodore H. Frank of AEI as the moderator.

Address by William H. Pryor Jr. 9-12-08

info@fed-soc.org — 24 Sep 2008 21:51:11 GMT

On September 12, 2008, the Federalist Society and the American Enterprise Institute co-sponsored a conference titled "The Future of Federalism." This luncheon address was delivered by Judge William H. Pryor, Jr. of the U.S. Court of Appeals for the Eleventh Circuit.

A Discussion about Judicial Review of Federalism 9-12-08

info@fed-soc.org — 24 Sep 2008 21:49:04 GMT

On September 12, 2008, the Federalist Society and the American Enterprise Institute co-sponsored a conference titled "The Future of Federalism." This panel featured Prof. Randy Barnett of Georgetown Law, Prof. Jesse Choper of UC Berkeley Law, and Dr. Michael Greve of AEI as the moderator.

Competitive and Cooperative Federalism 9-12-08

info@fed-soc.org — 24 Sep 2008 21:45:46 GMT

On September 12, 2008, the Federalist Society and the American Enterprise Institute co-sponsored a conference titled "The Future of Federalism." This panel featured Prof. Malcolm Feely of UC Berkeley Law, Dr. Michael Greve of AEI, Prof. Roderick Hills of NYU Law, Prof. Ilya Somin of GMU Law, and Dean John Eastman of Chapman University School of Law as the moderator.

A Look Back at the October Supreme Court 2007 Term 7-1-08

info@fed-soc.org — 6 Aug 2008 19:47:28 GMT

Is the DC gun ban constitutional? Do Guantanamo Bay prisoners have a constitutional right to bring habeas actions challenging their detentions? Does Louisiana’s law authorizing the death penalty for child rape violate the Eighth Amendment? Come to the Federalist Society’s luncheon panel discussion on "A Look Back at the October 2007 Supreme Court Term" on Tuesday, July 1, 2008, from 12 noon to 2:30pm at the National Press Club. By then the Court is expected to have ruled on these and other important questions. Our panelists will discuss the Court’s term, what it tells us about the Roberts Court, emerging jurisprudential themes and trends, and the future of the Court. This event will be broadcast over the internet in a live webcast. Panelists include Hon. Rachel Brand of WilmerHale, Hon. Ted Cruz of Morgan, Lewis, & Bockius, Mr. Tom Goldstein of Akin Gump Strauss Hauer & Feld, Prof. Orin Kerr of George Washington University School of Law, Prof. Nelson Lund of George Mason University School of Law, Mr. Charles Rothfeld of Mayer Brown, and ABC Legal Correspondent Ms. Jan Crawford Greenburg as the moderator.

2008 Annual Supreme Court Round Up 7-11-08

info@fed-soc.org — 22 Jul 2008 00:52:42 GMT

On July 11, 2008, former United States Solicitor General Theodore B. Olson delivered the Annual Supreme Court Round Up at the Mayflower Hotel in Washington, DC.

Securities Litigation Reform 6-25-08

info@fed-soc.org — 26 Jun 2008 20:03:40 GMT

On May 19, William Lerach, formerly of the law firm of Milberg, Weiss, Bershad, Hynes & Lerach LLP, began his prison sentence for his role in a $250 million illegal kickback scheme. On the same day, Senator John Cornyn (R-TX), citing the possibility of widespread criminal practice in the area of securities class action law, introduced the Securities Litigation Attorney Accountability and Transparency Act (S. 3033). This legislation would require the disclosure of payments between plaintiffs and attorneys, the competitive bidding as a factor for the selection of lead counsel, and a GAO study to determine appropriate attorneys fees. Advocates argue that these reforms are essential to update securities class action law. Opponents argue that the Act is unnecessary and overstates the current level of abuse. Senator John Cornyn delivered an address on June 25, followed by comments from Mr. Holt M. Lackey of the United States Senate - Committee on the Judiciary and Counsel to U.S. Senator John Cornyn and by Mr. Andrew J. Pincus of Mayer Brown.

Hein, One Year Later: The Future of Church-State Litigation 6-18-08

info@fed-soc.org — 26 Jun 2008 15:10:00 GMT

In June 2007, the U.S. Supreme Court held, in Hein v. Freedom From Religion Foundation, that taxpayers could not pursue a lawsuit claiming that conferences administered under the Bush Administration's Office of Faith-Based and Community Initiatives violated the First Amendment's Establishment Clause. The Court's plurality opinion held that, even though taxpayers have standing under the Establishment Clause to challenge legislative expenditures on religion, the plaintiffs in this case lacked such standing because the program involved discretionary executive branch spending, rather than legislation authorizing the challenged faith-based conferences. Our panel will focus on the U.S. Supreme Court’s decision in Hein and its impact on existing and future church-state litigation. The event will summarize the Court’s fractured opinion and examine what has happened in the last year as a result of Hein, discussing the lower court decisions that have cited Hein as a basis for dismissing Establishment Clause claims. Finally, the panel will speculate about what to expect in the coming years and discuss what Hein says about the Roberts Court and its views on church-state litigation. Panelists include Mr. Alex J. Luchenitser of Americans United for Separation of Church and State, Prof. Ira C. "Chip" Lupu, of The George Washington University Law School, Mr. Walter M. Weber of the American Center for Law and Justice, and Prof. Robert W. Tuttle of The George Washington University Law School as the moderator.

Communications and Technology Policy for the Next Administration 6-10-08

info@fed-soc.org — 11 Jun 2008 15:34:08 GMT

The communications and technology sectors are key drivers of our nation's prosperity, of our society's dynamism, and our republic's vitality. The next President will face major decisions on the direction of markets, regulation, antitrust, and regulators. Two former Federal Communications Commission Chairmen, Reed E. Hundt and Michael K. Powell, will discuss the respective visions of likely Presidential nominees Sen. Barack Obama and Sen. John S. McCain for communications and technology. Former FCC Chief of Staff Bryan Tramont will moderate.

Assessing Recent FTC Merger Litigation: One Win, One Loss, and One Tie 6-5-08

info@fed-soc.org — 6 Jun 2008 21:23:14 GMT

The Federal Trade Commission, which appeared to be in the midst of a losing streak with respect to merger challenges as early as last summer, has worked its way back to a more respectable ratio of wins and losses. FTC challenges to mergers of entities as diverse as natural gas utilities, organic grocery stores, and hospitals have raised a host of issues that are likely to impact merger practice for years to come. Equitable Resources/Peoples Natural Gas was a (belated) victory for antitrust enforcement in regulated industries, Whole Foods/Wild Oats was a defeat (for now) for narrow market definitions, and Evanston Northwestern/Highland Park proved that a challenge to a consummated hospital merger could succeed... though the nature of the remedy has caused critics to question the value of that victory. What do these three cases tell us about the state of current FTC merger practice? Is the Commission challenging the right transactions and protecting consumers? Are the courts functioning as an unnecessary obstacle to merger enforcement or an appropriate check on agency authority? Join our panel of experts for a discussion of these issues and more. Panelists include Mr. John T. Delacourt of Kelley Drye & Warren LLP, Mr. Paul T. Denis of Dechert LLP, Mr. Chul Pak of Wilson, Sonsini, Goodrich & Rosati, Mr. Edwin S. Rockefeller, author of The Antitrust Religion and former head of the American Bar Association's Antitrust Law Section, and Ms. Margaret A. Ward of Jones Day as the moderator.

The Obstruction of Justice 5-29-08

info@fed-soc.org — 3 Jun 2008 20:35:29 GMT

Every few months, a highly visible public figure or government official becomes embroiled in a criminal investigation that ultimately includes obstruction of justice charges. Barry Bonds, Rep. William Jefferson (D-LA), Roger Clemens, Scooter Libby, Martha Stewart, Computer Associates, the U.S. Attorney firings, the CIA’s destruction of interrogation tapes -- all have included a focus on the conduct occurring during the investigation of other, unrelated charges. But what exactly is obstruction of justice, and what role should it play in our justice system? No one can doubt the importance of punishing those who willfully corrupt the administration of justice, lie under oath, tamper with witnesses, or destroy evidence, but critics charge that prosecutors have used "creative interpretations" of obstruction of justice statutes to punish marginal conduct or create criminal liability where none otherwise existed. What is the proper role and scope of the obstruction statutes? Have obstruction of justice prosecutions veered too far from heartland cases? Panelists include Mr. Michael J. Madigan of Akin, Gump, Strauss, Hauer, & Feld, Prof. Stephen A. Saltzburg of The George Washington University Law School, Hon. George J. Terwilliger III, of White & Case LLP and former Deputy U.S. Attorney General, Prof. Jonathan Turley of The George Washington University Law School, and Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit as the moderator.

Credit Card Regulation 5-20-08

info@fed-soc.org — 21 May 2008 21:11:12 GMT

Congress and many consumer activist groups have called for closer regulation on the terms of credit cards. In particular, there have been calls to place price caps on certain fees, including overlimit fees, late fees, and the like. There have also been calls for stricter regulation of credit card marketing, such as marketing to college students. Likewise, there have been calls for specific regulation of certain practices, such as cross-default clauses in credit card contracts. Last year the Federal Reserve issued a long-awaited and lengthy set of proposed amendments to Regulation Z implementing the Truth in Lending Act. What would be the likely the effects of these regulations on consumer protection and competition in the credit card industry? Panelists include Mr. Thomas A. Durkin of the Financial Services Research Program at George Washington University and former Senior Economist for the Board of Governors of the Federal Reserve System, Mr. Oliver I. Ireland of Morrison & Foerster LLP, Prof. Adam J. Levitin of the Georgetown University Law Center, Prof. Todd J. Zywicki of the George Mason University School of Law, and Mr. Andrew Cochran of GAGE as the moderator.

Subprime Lending 5-20-08

info@fed-soc.org — 21 May 2008 21:08:36 GMT

Problems in the subprime lending industry have led to widespread calls for substantial new regulations on lending to "subprime" consumers. The Federal Reserve has already issued new guidance to banks on loan products such as adjustable rate mortgages and various lending terms and practices. What will be the likely impact of these proposed new regulations if adopted? To what extent are the current problems in the subprime market the result of prior governmental interventions into the mortgage market, such as through the Community Reinvestment Act? Will the issues in the subprime market resolve themselves without government intervention? Panelists include Prof. Jennifer E. Bethel of Babson College, Ms. Margaret Burns of the Single Family Program Development at the United States Department of Housing and Urban Development, Mr. Allen Fishbein of the Consumer Federation of America, and Prof. Allen Ferrell of Harvard Law School as the moderator.

The War on Terrorism and Specialized Courts 5-12-08

info@fed-soc.org — 20 May 2008 16:15:40 GMT

The legal framework for our counterterrorism efforts has consisted of a mix of the law of armed conflict and criminal law. It also consisted of a varying mix of executive action and legislative authorization. This mix has been controversial. And it may be inadequate, because the efforts must have two objectives. The first is to prevent attacks, and the second is to prosecute terrorists in a manner that is both effective and just. Can these objectives be better achieved through comprehensive legislation and policy innovations, perhaps including the establishment of a specialized court with jurisdiction over (1) intelligence gathering, (2) preventive detention, (3) interrogation, and (4) trials? A distinguished panel will address the Constitutional, legal, and policy issues raised by such suggestions. Panelists include Prof. Neal K. Katyal of Georgetown University Law Center and Counsel to Salim Ahmed Hamdan, Prof. Joseph Margulies of MacArthur Justice Center at Northwestern University School of Law, Mr. David B. Rivkin, Jr., of Baker & Hostetler, LLP, Prof. Glenn M. Sulmasy of the U.S. Coast Guard Academy and National Security and Human Rights Fellow at Harvard University, and Judge Frank H. Easterbrook of the U.S. Court of Appeals for the 7th Circuit as the moderator. **There were audio problems during the recording of this event, which we were unable to fix in post-production. We apologize for the poor quality and for the inconvenience.**

Federal Regulation of Water Transfers 4-28-08

info@fed-soc.org — 20 May 2008 16:14:56 GMT

Traditionally, water has been abundant in the Eastern United States, and water transfers from one body of water to another were rarely a subject of dispute. However, as the Eastern United States continues to grow and develop - particularly in the Southeast - many communities are looking to water transfers as a means of supplying adequate water supplies for municipal and industrial purposes, among other things. Water transfers, however, raise a number of concerns, including both water quality and water quantity. One such issue involves the extent to which water transfers require a National Pollution Discharge Elimination System permit ("NPDES") under the Clean Water Act. On June 14, 2007, a federal judge in Florida issued a final judgment ordering the South Florida Water Management District ("SFWMD") to obtain a NPDES permit for a water transfer conducted as part of a federal water project. Friends of the Everglades v. Dean, Case No. 02-80309 (S.D. Fla.). This decision is currently on appeal before the U.S. Court of Appeals for the Eleventh Circuit. The SFWMD argues that the extension of NPDES jurisdiction to water transfers encroaches on the traditional role of states to allocate water resources, commandeers states' water rights, threatens the important balance of cooperative federalism, imposes unnecessary administrative burdens upon water managers, and diverts resources from current restoration priorities. Panelists include Mr. James Nutt of South Florida Water Management District, Mr. Gil Rogers of the Southern Environmental Law Center, Mr. Brent Fewell of Hunton & Williams and former U.S. EPA Deputy Assistant Administrator for the Office of Water, and Mr. Steven G. McKinney of Balch & Bingham LLP as the moderator. ***This audio cuts out during the Q&A. We apologize for the inconvenience.***

"Tax Expenditures": The Wisdom and Efficacy of Using the Tax Code to Implement Social Policy 5-7-08

info@fed-soc.org — 12 May 2008 16:43:59 GMT

The Federalist Society's 2008 Tax Policy Conference titled "Our Nation's Founding Principles and Our Tax Code - Consistent or In Conflict?" was held at the National Press Club in Washington, DC, on May 7, 2008. This panel featured Prof. Lily Batchelder of the NYU School of Law, Mr. Leonard E. Burman, Director of the Tax Policy Institute, Urban Institute, Mr. Stephen J. Entin of The Institute for Research on the Economics of Taxation, and Hon. Eileen J. O'Connor of Pillsbury Winthrop Shaw Pittman LLP, and former Assistant Attorney General for the Tax Division of the U.S. Department of Justice, as the moderator.