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    Federalist Society Faculty Division Podcasts

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

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    The Tea Party: Three Principles - Faculty Book Podcast 3-19-12 Sep 28, 2026
    Show notes

    Elizabeth Price FoleyJared GoldsteinThis Federalist Society Faculty Book Podcast features Professor Elizabeth Price Foley�s new book, The Tea Party: Three Principles.

    As Publisher Cambridge University Press states: “In The Tea Party: Three Principles, constitutional law professor Elizabeth Price Foley takes on the mainstream media's characterization of the American Tea Party movement, asserting that it has been distorted in a way that prevents meaningful political dialogue and may even be dangerous for America's future. Foley sees the Tea Party as a movement of principles over politics. She identifies three "core principles" of American constitutional law that bind the decentralized, wide-ranging movement: limited government, unapologetic U.S. sovereignty, and constitutional originalism. These three principles, Foley explains, both define the Tea Party movement and predict its effect on the American political landscape. Foley explains the three principles' significance to the American founding and constitutional structure. She then connects the principles to current issues as health care reform, illegal immigration, the war on terror, and internationalism.�

    Professor Foley, a Professor of Law at Florida International University School of Law, is joined by critical commenter Jared Goldstein, a Professor at Roger Williams University School of Law, to discuss the book.

    Taming Globalization - Faculty Book Podcast 6-6-12 Sep 28, 2026
    Show notes

    Julian KuMartin FlahertyTaming Globalization discusses the challenge to American constitutional law that arises out of our increasingly global society. The creation of dozens of international institutions, from the International Court of Justice to border commissions to the World Trade Organization, has given rise to a legal network that poses a challenge for American constitutional law. In response to this challenge, Julian Ku and John Yoo propose that domestic actors make use of “mediating devices� such as non-self-execution of treaties, recognition of the President�s authority to interpret international law, and a reliance on state implementation of international law and agreements. These devices, the authors argue, will help us resolve the legal challenges of globalization in a way that minimizes both constitutional and international difficulties.

    Julian Ku, a professor at Hofstra University School of Law, is joined by critical commenter Martin Flaherty, the Leitner Family Professor of Law and Co-Founding Director of the Leitner Center for International Law and Justice at Fordham Law School, to discuss the book.

    The Machinery of Criminal Justice - Faculty Book Podcast 6-8-12 Sep 28, 2026
    Show notes

    Andrew TaslitzStephanos BibasThe Machinery of Criminal Justice discusses the shift in American criminal law from being a system run primarily by laymen to a system in which lawyers are the primary actors. Author Stephanos Bibas argues that this shift has increased the speed and efficiency of our criminal justice system, but that softer values, such as reforming defendants and healing relationships, have been lost with the prioritization of efficiency. Bibas proposes a variety of ways to involve victims, defendants, and the public in the criminal justice process again, including requiring convicts to work or serve in the military and giving more power to sentencing juries over prosecutors. His remarks suggest that, although these mechanisms may be more expensive, they may better serve the interests of criminal procedure by facilitating the denouncement of crime, the vindication of victims, and the reformation of criminals.

    Stephanos Bibas, a professor at the University of Pennsylvania Law School, is joined by critical commenter Andrew Taslitz, a professor at Howard University School of Law, to discuss the book.

    A Distinct Judicial Power - Faculty Book Podcast 5-23-12 May 23, 2012
    Show notes

    James PfanderScott GerberThis Federalist Society Faculty Book Podcast features Professor Scott Gerber�s new book, A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787.

    A Distinct Judicial Power analyzes the origins of judicial independence in the United States. The book sets forth both the political theory behind and the historical progression of independent judicial power in the United States during the colonial period. It concludes with an examination of how this mixture of theory and experience coalesced to produce Article III of the U.S. Constitution and a power of judicial review committed to the protection of individual rights.

    Professor Scott Gerber, a professor at Ohio Northern University College of Law, is joined by critical commenter Jim Pfander, a professor at Northwestern University School of Law, to discuss the book.

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