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Teleforum

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Teleforum

The Federalist Society

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This series of podcasts features experts who analyze the latest developments in the legal and policy world. The podcasts are in the form of monologues, podcast debates or panel discussions and vary in length. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal is ...
 
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Smart Dust

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Smart Dust

The Works & Norton Rose Fulbright

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Want expert insight on what’s trending in the world of technology, data and innovation each month? The Smart Dust Podcast is for you. But what on Earth is Smart Dust? The name refers to the very real and extraordinary dust-sized computers designed to be breathed in and monitor the human brain. No, we are not making that up. The mission of the Smart Dust Podcast is to give you brain-expanding ideas and perspectives to breathe in and apply to your daily and professional life. With industry-lea ...
 
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Much has been written, published and broadcast about a Divided America—especially now, with the Dobbs decision overturning Roe v. Wade. Political divisions, often bitter, however, have existed since the Founding. But how can we know whether the so-called Divided America is something new, something traditional that has become more noticeable due to …
 
Join us for a discussion between David A. Carrillo, Christina Sandefur, and Robert F. Williams moderated by Braden Boucek on Thursday, June 23 at 4:00 PM ET / 1:00 PM PT. The panelists will address the different purposes and rights guarantees within state constitutions and the federal constitution. What are the federalism implications of an increas…
 
On June 24, 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization. In a 6-3 decision, the Court reversed and remanded the decision of the US Court of Appeals for the Fifth Circuit, holding that the Constitution does not confer a right to abortion; that Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Case…
 
Since taking office in January 2021, the Biden Administration and its Executive Branch agencies have embraced the use of race in federal programs. From COVID-19 relief to other federal subsidies, the Biden Administration has purported to advance equity by specifically advancing race-based policy-making. Daniel Lennington from the Wisconsin Institut…
 
On June 23, 2022, the Supreme Court decided New York State Rifle & Pistol Association Inc. v. Bruen. In a 6-3 decision, the Court struck down New York’s handgun licensing law that required New Yorkers to demonstrate a “proper cause” in order to be granted a license to carry a pistol or revolver in public. The petitioners, Brandon Koch and Robert Na…
 
Senior officials in the Administration have expressed concern about cryptocurrencies being used for criminal activity and undermining the dollar as the global reserve currency. These concerns have been heightened with the Russian invasion of Ukraine, evasion of sanctions including North Korean sanctions, cyberattacks, and ransomware. Others contend…
 
In February of 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due proc…
 
On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act which commits approximately $65 billion towards broadband expansion. Wisely, Section 60104(c) of the Act directs the Federal Communications Commission to submit to Congress “a report on the options of the Commission for improving its effectiveness in achieving t…
 
On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance. In a rare 9-0 decision, the Court vacated and remanded the judgment of the U.S. Court of the Appeals for the Eighth Circuit, holding that federal courts may not adopt an arbitration-specific rule conditioning a finding of waiver of the right to arbitrate on a showing of prejudice t…
 
This webinar will explore issues raised by the raft of state and federal initiatives on Critical Race Theory and related topics. Issues will include the scope of state authority over the content of education, with special attention to differences between K-12 and public universities. Varying features of state-level CRT bills will be discussed, as w…
 
On April 28, 2022, The U.S. Supreme Court decided Cummings v. Premier Rehab Keller. The case involved the availability of emotional damages for discrimination on the basis of disability and, more generally, the scope of recoverable damages for private actions under Spending Clause statutes. After the respondent, Premier Rehab, declined to provide a…
 
In February of 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due proc…
 
The United States is – perhaps now more than ever before – a global energy powerhouse. From oil and gas production to the expansion of new energy technologies, the United States has made gains in achieving long-heralded calls for energy independence and energy security, while also reducing environmental impacts associated with energy production, ge…
 
As the Supreme Court prepares to hear two cases this fall that challenge race preferential admissions policies at Harvard University and the University of North Carolina, questions have arisen about how colleges typically use race preferences and whether such use is fair and lawful. This webinar will address how and when race is commonly used in co…
 
As the cryptocurrency industry grows, state and federal governments are considering how that industry should be regulated. The President has directed the Secretary of the Treasury to report soon on the issues involved. A draft bill that would regulate stablecoins has been released in the U.S. Senate. Meanwhile, states are competing with one another…
 
A Hollywood depiction of the lives of fishermen tells a real life story about how Executive Branch overreach damages American families. Hear from two practitioners challenging the administrative state on these very regulations depicted in “Coda” and learn why telling clients’ stories is critical to reform. Featuring: --Eric Bolinder, Managing Polic…
 
Central Bank Digital Currencies (CBDC) are the subject of a global debate. In one version, individuals and businesses would hold deposits directly with the central bank. Critics point out that the Federal Reserve would then control how these deposits are used, allocating credit to private-sector borrowers and to government spending, arguing that CB…
 
On October 21, 2021, the Commodity Futures Trading Commission announced a nearly $200 million whistleblower award, the largest in history. The award was related to more than $3 billion in sanctions by the CFTC and foreign regulators. The award, so large that it emptied the Commodity Futures Trading Commission's fund for whistleblower awards, was cr…
 
On January 20, 2022, the U.S. Supreme Court decided Hemphill v. New York. In an 8-1 decision, the Court reversed and remanded the judgment of the Court of Appeals of New York, holding that the trial court’s admission—over Hemphill’s objection—of the plea allocution transcript of an unavailable witness violated Hemphill’s Sixth Amendment right to co…
 
In Thompson v. Clark, the plaintiff sought to bring a civil suit claiming he was the victim of a wrongful seizure after police allegedly entered his apartment without a warrant based on unsubstantiated allegations of child abuse. Thompson was charged with resisting arrest amid the warrantless raid, but prosecutors subsequently elected to drop this …
 
Last fall, Deputy Attorney General Lisa Monaco announced significant changes to Department of Justice policies on corporate criminal enforcement, including the use of monitors, review of prior misconduct, and cooperation. As Monaco stated, "This is a start -- and not the end -- of this administration's actions to better combat corporate crime." The…
 
This panel will focus on the pros and cons of zoning, its relation to environmental justice, its detrimental (or beneficial) impacts on minorities, and its consistency (or inconsistency) with property rights. Importantly, the discussion will engage with the scope of modern zoning and what, if anything, should be done to alter, increase, or decrease…
 
On March 31, 2022, the U.S. Supreme Court decided Badgerow v. Walters. In an 8-1 decision, the Court reversed and remanded the judgment of the U.S. Court of the Appeals for the Fifth Circuit, holding that Vaden’s “look-through” approach to determining federal jurisdiction does not apply to requests to confirm or vacate arbitral awards under Section…
 
On September 16, 2011, President Obama signed the American Invents Act (AIA) into law. The first major overhaul of the U.S. patent system since the 1952 Patents Act, the AIA received overwhelming bipartisan support in both chambers when enacted. But, with the recent ten-year anniversary of the AIA, a new director poised to take the helm at the USPT…
 
On April 25, 2022, the U.S. Supreme Court will hear oral argument in Kennedy v. Bremerton School District. Bremerton School District in Washington state removed Coach Joe Kennedy from his job as a public high school football coach after kneeling in brief, quiet prayer on the field after football games. Coach Kennedy filed suit alleging that the sch…
 
On March 4, 2022, the U.S. Supreme Court decided United States v. Tsarnaev. In a 6-3 decision, the Court reversed the judgment of the U.S. Court of the Appeals for the First Circuit, holding that the court improperly vacated Dzhokhar Tsarnaev's capital sentences. The Court held that the judge's conduct of voir dire conformed to its precedents and r…
 
In the modern era, U.S. Supreme Court justices have been cited for what some critics characterize as “controversial” statements, sometimes relating to actual or potential matters before the Court. In some instances, these critiques have been accompanied by calls for recusal in specific cases. More recently, critics have turned to the statements not…
 
No poaching allowed! No, you have not wandered into a Hunter’s Safety Forum, but rather an in depth discourse regarding the Department of Justice, Antitrust Division’s recent criminal investigations and prosecutions of “No Poach” conduct. These agreements, which generally establish that Company A will not hire Company B’s employees and in exchange …
 
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases that will be covered are included below. United States v. Washington (April 18) – workers’ compensation; state and federal law Siegel v. Fitzgerald (April 18) – Bankruptcy Judgeship Act; Bankruptcy Clause of the U.S. Constitut…
 
In his recent book John Fisher and Thomas More: Keeping Their Souls While Losing Their Heads, Robert Conrad, who serves as a federal district court judge in the Western District of North Carolina, details the lives, trials, and executions of two Catholic saints who opposed King Henry's bid for ecclesiastical approval of his divorce. Thomas More, an…
 
Following the prominent events of early 2020, as part of what’s often referred to as a national, racial reckoning, countless institutions altered their policies. Large publicly traded corporations (including Coca-Cola Company, Novartis AG, McDonald’s Corporation, Starbucks Coffee Company, Lowe’s Companies, Inc., NASDAQ, Inc., and much of the financ…
 
A federal statute allows citizens to sue state and local officers for violating constitutional rights, but there is no federal law that does the same for federal officers. In 1971, in a case called Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court held that a cause of action for damages against federal officers co…
 
With the Supreme Court about to hear two cases involving the use of race in admissions at Harvard and the University of North Carolina, what do Americans actually think about preferential treatment? Dr. Althea Nagai, Senior Research Fellow at the Center for Equal Opportunity (CEO), will present her analysis of recent data from the Pew Research Cent…
 
Are state governors subject to the same separation of powers restrictions as the federal president? Expanding on the recent Regulatory Transparency Project panel discussion on emergency executive power during the pandemic, this event will feature experts engaging in a broader separation of powers discussion about the distinctions between the federa…
 
New York’s response to the Covid-19 pandemic has been widely criticized, triggered an FBI investigation, and repeatedly landed the state before the Supreme Court. The latest criticism comes coupled with litigation alleging that New York State’s Department of Health (NYHD) is illegally discriminating on the basis of race in administering antiviral m…
 
Internal tensions in the Supreme Court's standing doctrine have led to some unexpected fractures. Last term, in Transunion LLC v. Ramirez, the Court considered a class action arising from Transunion's errors in the processing and use of the plaintiffs' personal credit information. By a vote of 5-4, the Court held that, while Congress had created a …
 
On January 21, 2022, Arizona Governor Doug Ducey filed suit against Janet Yellen and the Treasury Department over its threat to withdraw federal funding if Governor Ducey did not alter school masking conditions. Ducey allocated over $160 million for schools but conditioned the money on those schools remaining open and not mandating masks. Two attor…
 
Although inflation has broadly scattered across the economy, it is the food we buy where inflation's bite is the most obvious. The Biden Administration has pointed the finger at industry consolidation as the culprit. It proposes a rewrite of the regulations implementing agricultural antitrust statutes as the remedy. Industry disagrees that consolid…
 
This webinar will focus on spectrum policy in the 5G era and the recent increase in inter-agency spectrum turf wars. In recent years, there has been an uptick in the amount of involvement by other agencies, including the Department of Transportation, Department of Defense, Department of Energy, and the National Oceanic and Atmospheric Administratio…
 
Before the Supreme Court this term is the question of whether all pre-viability bans on abortion are unconstitutional. In Dobbs v. Jackson Women's Health, the Court must address this question in light of its previous holdings in Roe v. Wade and Planned Parenthood v. Casey. Shortly after oral argument in December 2021, law professor Richard Re encou…
 
As federalism becomes an increasingly important principle of our constitutional structure, Chief Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Circuit has published a timely book titled, Who Decides? States as Laboratories of Constitutional Experimentation (Oxford, 2021). Judge Sutton, a former law clerk to Justices Lewis Powell a…
 
Before the Supreme Court this term is the question of whether all pre-viability bans on abortion are unconstitutional. In Dobbs v. Jackson Women's Health, the Court must address this question in light of its previous holdings in Roe v. Wade and Planned Parenthood v. Casey. Shortly after oral argument in December 2021, law professor Richard Re encou…
 
On March 3, 2022, the U.S. Supreme Court decided Cameron v. EMW Women's Surgical Center. Writing for the 8-1 majority, Justice Samuel Alito explained how the the U.S. Court of Appeals for the Sixth Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 4…
 
In October 2021, LTL Management LLC (LTL), a newly created and separate subsidiary of Johnson & Johnson (J&J) that was established to hold and manage claims in the cosmetic talc litigation, filed for voluntary Chapter 11 bankruptcy protection. J&J also entered into a funding agreement with LTL that assures that LTL will have the same, if not greate…
 
On February 25, 2022, Johnson & Johnson, Teva Pharmaceutical Industries, Ltd., McKesson Corp., Cardinal Health, Inc., and Amerisourcebergen Corp. announced that they had agreed to finalize a reported $26 billion settlement to resolve approximately 3,000 lawsuits from state and local governments regarding the opioid abuse crisis. The private plainti…
 
In Unborn Human Life and Fundamental Rights: Leading Constitutional Cases under Scrutiny (Peter Lang, 2019), editors William L. Saunders and Pilar Zambrano have collected a series of essays covering over 10 different nations and jurisdictions and addressing human rights and the role of judiciaries at home and abroad in protecting those rights. Conc…
 
Please join the Practice Groups for a timely webinar on how the upcoming Supreme Court nominee might shape law in the future. Prof. Dan Epps and Ethan Davis will consider the nominee's influence on criminal law, while Prof. William Marshall and Roger Severino will analyze possible effects on civil rights law. Featuring: --Prof. Dan Epps, Professor …
 
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