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Showcase Panel I: Social Activism and Corporate Leadership Dec 13, 2021

Show notes

What role should publicly traded corporations play in democratic politics?
The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in Washington, DC. The topic of the conference was "Public and Private Power: Preserving Freedom or Preventing Harm?" The first showcase panel discussed "Social Activism and Corporate Leadership."
Corporate resources are increasingly being used to advance social justice policy goals. This corporate engagement includes advocacy for what’s presented as the “corporate perspective” on divisive social questions. It also includes the use of economic leverage to influence public opinion, affect government policy, and induce private agreements to policy choices that have not been adopted through the political process.
To some, this is a positive development: it is all to the good for corporations to advance a just cause. Their public leadership and their market power can help bring the country and the world along. To others, this is an abuse and confusion of power. The goals of the “social justice” and “woke” movements are among the most hotly contested questions of American politics and culture, and they should be resolved through democratic processes without corporations putting a thumb on the scale.
We will explore these questions both as matters of principle and matters of law.
As a matter of principle, should corporations have unfettered discretion to influence any sphere of American life? Is such discretion good for the democratic process, and is it good for individual liberty? Is the libertarian perspective -- that private actors should be largely able to do what they want, and if they overstep, market competition will fill the gap – adequate to this dynamic? Is there any limiting principle to corporations using economic power to influence politics?
As a matter of law, are corporations permitted to use whatever levers are available to them to influence matters of politics? Is corporate leadership permitted to do so in publicly traded companies? Should corporate endorsement or support of a policy position or candidate be considered a reportable lobbying expense or campaign contribution and, if so, how should it be valued? What existing legal frameworks might apply to these questions? How does Citizens United fit into this picture?
Featuring:
Prof. Margaret Blair, Professor of Law Emerita & Milton R. Underwood Chair in Free Enterprise Emerita, Vanderbilt University Law School; Senior Fellow, Brookings Institution
Prof. Jonathan Macey, Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School
Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Prof. Luigi Zingales, Robert C. McCormack Distinguished Service Professor of Entrepreneurship and Finance and George G. Rinder Faculty Fellow, University of Chicago Booth School of Business
Moderator: Hon. Jeffrey S. Sutton, Chief Judge, U.S. Court of Appeals, Sixth Circuit

Opening Address by Amul Thapar Dec 13, 2021

Show notes

The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in Washington, DC. The topic of the conference was "Public and Private Power: Preserving Freedom or Preventing Harm?". The opening address was given by Judge Amul Thapar.
Featuring:
Hon. Amul R. Thapar, U.S. Court of Appeals, Sixth Circuit

Panel Two: School Choice in the Courts [Archive Collection] Dec 09, 2021

Show notes

On March 26, 1999, the Federalist Society co-sponsored the Stranahan National Issues Forum with the University of Toledo College of Law. The title of the conference was "Education Reform at the Crossroads: Politics, the Constitution, and the Battle over School Choice." The second panel covered "School Choice in the Courts."
The United States Supreme Court recently declined to review the Wisconsin Supreme Court's holding that Milwaukee's school-voucher program does not violate the First Amendment's Religion Clause, and the Arizona Supreme Court upheld tax credits. Other recent federal-court decisions have embraced many of the constitutional arguments advanced by school choice proponents. In the months to come, other courts in Ohio, Maine, and Vermont, are likely to address this same issue. However, given the twists and turns of the Supreme Courts's Religion Clause jurisprudence, only the Supreme Court will be able to resolve the constitutional questions surrounding vouchers. At this panel, leading constitutional scholars and litigators will discuss various aspects of the problem of school choice programs' constitutionality.
Featuring:
Leonard Leo, The Federalist Society
Richard W. Garnett, Attorney, Miller, Cassidy, Larroca & Lewin
Jeffrey Sutton, Of Counsel, Jones, Day, Reavis & Pogue
Steven R. Shapiro, National Legal DIrector, American Civil Liberties Union
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Panel One: The History and Politics of School Choice [Archive Collection] Dec 03, 2021

Show notes

On March 26, 1999, the Federalist Society co-sponsored the Stranahan National Issues Forum with the University of Toledo College of Law. The title of the conference was "Education Reform at the Crossroads: Politics, the Constitution, and the Battle over School Choice." The first panel discussed "The History and Politics of School Choice."
School choice is a "hot" political topic, one that cuts across current party lines and ideological boundaries. School choice efforts have succeeded in some States, yet failed in others. What are the "politics of school choice?" How can and do voucher proponents and opponents frame their case to appeal to the public? What arguments "work?" Is there room for consensus and compromise? Speakers at this panel will be experienced observers of the political scene and students of public opinion who will place the rhetorical and political struggles over school choice in perspective.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Featuring:
Mr. Andrew Coulson, Senior Research Associate, Social Philosophy Policy Center
Mr. Dal Lawrence, Former President, Toledo Federation of Teachers
Mr. Richard Leonardi, President, Buckeye Institute
Councilwoman Fannie Lewis, Cleveland City Council
Moderator Mr. Douglas Haynes, Vice President of Education Policy, John Locke Foundation

Federalism in the Age of Pandemic Health Measures Nov 18, 2021

Show notes

Featuring:
Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law

Panel III: Speech-Policing the Virtual Town Square Nov 18, 2021

Show notes

Featuring:
Brian Barnes, Partner, Cooper & Kirk PLLC
Antonio García-Martínez, Author, Chaos Monkeys, and ex-Advisor, Twitter
Michael McConnell, Richard and Frances Mallery Professor, Stanford Law School, and Co-Chair, Oversight Board
Chris Pavlovski, Founder and CEO, Rumble.com
Moderator: Olivia Jackson, General Counsel, Oversight Board
Introduction: Jonathan Breit, Stanford Law School ’22
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Panel II: Antitrust in the the Age of the Trillion-Dollar Company Nov 18, 2021

Show notes

Featuring:
A. Douglas Melamed, Professor, Stanford Law School, and ex-General Counsel, Intel
Aaron Schur, Deputy General Counsel, Yelp
Hal Singer, Managing Director, Econ One
Dina Srinivasan, Author, The Antitrust Case Against Facebook
Alan Sykes, Professor, Stanford Law School
Moderator: Ted Ullyot, Former General Counsel, Facebook
Introduction: Austin Peters, Stanford Law School '22
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Fireside Chat with Paul Grewal, Chief Legal Officer of Coinbase Nov 18, 2021

Show notes

Featuring:
Paul Grewal, Chief Legal Officer, Coinbase
Interviewer: Katie Biber, Chief Legal Officer, Brex
Introduction: Theodore Furchtgott, Stanford Law School '22
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Panel I: Privacy for and from the Digital Person Nov 18, 2021

Show notes

Featuring:
Melissa Holyoak, Solicitor General, State of Utah
Clayton Kozinski, Counsel, Lehotsky Keller LLP
Aaron Royston, Managing Partner, venBio Partners
Hoan Ton-That, Co-Founder and CEO, Clearview AI
Moderator: Gabe Ledeen, Managing Counsel, Privacy and Product, Cruise
Introduction: Daniel Bojorquez, Stanford Law School '23
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Opening and a Conversation on Regulation as Opportunity Nov 18, 2021

Show notes

Convocation
Eugene B. Meyer, President and CEO, The Federalist Society
A Conversation on Regulation as Opportunity
Salen Churi, General Partner, Trust Ventures
Miles Jennings, General Counsel, a16z Crypto
Moderator: Ann McDonald, Stanford Law School '23
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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