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Agency Leaders on Cryptocurrency, Blockchain, and the Evolution of a Central Bank Digital Currency [2020 National Lawyers Convention] Nov 25, 2020

Show notes

On November 13, 2020, The Federalist Society's Financial Services & E-Commerce Practice Group hosted a virtual panel for the 2020 National Lawyers Convention. The panel covered "Agency Leaders on Cryptocurrency, Blockchain, and the Evolution of a Central Bank Digital Currency."
The pandemic has accelerated the establishment of digital currencies, including central bank digital currencies (CBDC). One of the biggest draws of cryptocurrency and even the blockchain, in general, is its leaning towards decentralization. Even so, CBDCs are now in active pilot programs across the world with the Federal Reserve, the Bank of England, the Bank of Japan, the European Central Bank and the People’s Bank of China all exploring the technology.
Proponents of CBDCs argue they will bring multiple advantages for an average consumer, including fast and cheap cross-border transactions, pseudo-anonymity, personal data protection, and international operability. However, Alexander Hamilton might ask if it is tendency of CBDCs to increase public and private credit. “The former gives power to the state, for the protection of its rights and interests; and the latter facilitates and extends the operations of commerce among individuals. Industry is increased, commodities are multiplied, agriculture and manufacturers flourish: and herein consists the true wealth and prosperity of a state."
Featuring:
Mr. Brian P. Brooks, Acting Comptroller of the Currency, Office of the Comptroller of the
Currency, United States Department of the Treasury
Hon. Brent J. McIntosh, Undersecretary for International Affairs, United States Department of the Treasury
Hon. Hester M. Peirce, Commissioner, United States Securities and Exchange Commission
Moderator: Hon. Paul S. Atkins, Chief Executive Officer, Patomak Global Partners, LLC; Former Commissioner, United States Securities and Exchange Commission
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

The Future of the Second Amendment's Right to Keep and Bear Arms: From the Supreme Court to Social Unrest in the Streets [2020 NLC] Nov 25, 2020

Show notes

On November 13, 2020, The Federalist Society hosted a virtual panel for the 2020 National Lawyers Convention. This special session covered "The Future of the Second Amendment's Right to Keep and Bear Arms: From the Supreme Court to Social Unrest in the Streets‎."
With contrasting views from the two Presidential candidates, as well as the nomination of Judge Amy Barrett to the U.S. Supreme Court, the Second Amendment has once again become one of the foremost topics of discussion in the legal and political world.
Second Amendment issues have arisen in 2020 like never before. ‎The year started with “Second Amendment sanctuaries” in which almost all counties in Virginia, and many in other states, declared that proposed infringements on the right to keep and bear arms would not be enforced. The Virginia governor declared a state of emergency because of a planned protest in Richmond by gun owners, and although 22,000 protesters, many of them legally armed, attended, there was no reported violence. More recently, rioting and civil unrest have raised questions about citizens arming themselves and the use of potentially deadly force.
What constitutional protections, if any, are available to property owners wishing to protect their lives, livelihood, property, and communities? What is the correct constitutional analysis of restrictions on fundamental rights, including the Second Amendment, enacted in the midst of a nationwide pandemic and what role, if any, do traditional “police powers” play in analyzing those restrictions? What are the constitutional implications, if any, of criminal cases capturing headlines concerning the use of firearms by individual Americans such as Mark and Patricia McClosky, and Kyle Rittenhouse? The panel will discuss the Second Amendment implications of these timely issues.
Featuring:
Mr. Deepak Gupta, Founding Principal, Gupta Wessler PLLC
Mr. John Ohlendorf, Associate, Cooper & Kirk, PLLC
Prof. Mark W. Smith, Senior Fellow in Law and Public Policy: Presidential Scholar, The King’s College
Moderator: Hon. Thomas M. Hardiman, United States Court of Appeals, Third Circuit
Introduction: Hon. Dean A. Reuter, General Counsel | Vice President & Director, Practice Groups, The Federalist Society
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Address by Justice Samuel Alito [2020 National Lawyers Convention] Nov 25, 2020

Show notes

On November 12, 2020, The Federalist Society hosted a virtual address by Justice Samuel Alito as a part of the 2020 National Lawyers Convention.
Featuring:
Hon. Samuel A. Alito, Jr., Associate Justice, United States Supreme Court
Introduction: Hon. Dean A. Reuter, General Counsel | Vice President & Director, Practice Groups, The Federalist Society
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Address by Judge Janice Rogers Brown [2020 National Lawyers Convention] Nov 25, 2020

Show notes

On November 12, 2020, The Federalist Society hosted a virtual address by Judge Janice Rodgers Brown as part of the 2020 National Lawyers Convention.
Featuring:
Hon. Janice Rogers Brown, United States Court of Appeals, District of Columbia Circuit (ret.); Former Associate Judge, California Supreme Court
Introduction: Mrs. Lisa Ezell, Vice President and Director, Lawyers Chapters, The Federalist Society
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As always, the Federalist Society takes no position or particular legal or public policy issues; all expressions of opinion are those of the speaker.

Showcase Panel II: The Presidency and the Rule of Law [2020 National Lawyers Convention] Nov 25, 2020

Show notes

On November 12, 2020, The Federalist Society hosted a virtual panel for the 2020 National Lawyers Convention. The topic of the panel was "The Presidency and the Rule of Law."
The U.S. Constitution states that the president “shall take care that the laws be faithfully executed.” It also requires the President, before taking office, to swear (or affirm) that he or she will “faithfully execute the office of President of the United States.” Many believe that the Constitution, in creating a Presidency with sufficient energy to lead the country, contemplates that the President will have considerable discretion in how to go about this. At the same time, over the years, norms have developed to reinforce the idea that in the United States, executive power is to be exercised pursuant to law, and not as a tool to punish political enemies or to protect friends.
How does the rule of law both constrain and protect the Presidency? What role do norms play? Have the norms surrounding the President’s exercise of executive power eroded, and if so, why? What role have Congress, the media, social media, and other factors played? The panel will discuss these and other matters including possible reforms.
Featuring:
Mr. W. Neil Eggleston, Partner, Kirkland & Ellis, LLP, Former White House Counsel
Hon. Jack L. Goldsmith, Professor of Law, Harvard University; Former Assistant Attorney General, United States Department of Justice
Amb. C. Boyden Gray, Founding Partner, Boyden Gray & Associates; Former White House Counsel; Former Ambassador to the European Union
Hon. Theodore B. Olson, Partner, Gibson Dunn; Former United States Solicitor General
Moderator: Hon. Edith H. Jones, Chief Judge, United States Court of Appeals, Fifth Circuit
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Address by Secretary of Labor Eugene Scalia [2020 National Lawyers Convention] Nov 25, 2020

Show notes

On November 12, 2020, The Federalist Society hosted a virtual address by Secretary of Labor Eugene Scalia as a part of the 2020 National Lawyers Convention.
Featuring:
Hon. Eugene Scalia, Secretary of Labor, United States Department of Labor
Introduction: Mr. Eugene Meyer, President and CEO, The Federalist Society
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Showcase Panel I: Law, Social Justice, Wokeness and the Protests: Where Do We Go From Here? [2020 National Lawyers Convention] Nov 25, 2020

Show notes

On November 12, 2020, the Federalist Society hosted a virtual panel for the 2020 National Lawyers Convention. The panel covered "Law, Social Justice, Wokeness, and Protests: Where Do We Go From Here?".
Historically, the rule of law and the concept of justice it represents supply two key roots of the American experiment. Some think the ideology underlying many of the recent protests challenges this experiment at its core and that its concept of justice arguably differs from that of our Framers. Indeed for some social justice advocates the concepts of the rule of law, justice, reason and discussion all are suspect at best and tools of oppression at worst. Are the protesters who hold this ideology reform minded or revolutionary? Do the critics of this movement underestimate the powerful currents behind the protests? What are possible or desirable responses to this challenge?
Featuring:
Prof. Randy E. Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Prof. Randall Kennedy, Michael R. Klein Professor of Law, Harvard Law School
Mr. Eugene B. Meyer, President and CEO, The Federalist Society (representing Prof. John O. McGinnis)
Prof. John O. McGinnis, George C. Dix Professor of Constitutional Law, Northwestern Pritzker School of Law
Prof. Nadine Strossen, John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Moderator: Hon. Kenneth K. Lee, United States Court of Appeals, Ninth Circuit
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Modern Quandaries of Law Enforcement [2020 National Lawyers Convention] Nov 25, 2020

Show notes

On November 11, 2020, The Federalist Society's Professional Civil rights Practice Group hosted a virtual panel for the 2020 National Lawyers Convention. The panel covered "Modern Quandaries of Law Enforcement."
The debates surrounding the doctrine of qualified immunity and cultural impact of law enforcement have seen renewed vigor in past months, as citizens across the country question how reform, if appropriate, is best implemented. While qualified immunity finds its roots in the common law practice of extending protections to state actors performing their legal duty, its American origins are less definitive, which prompted Justice Thomas to comment “qualified immunity doctrine appears to stray from the statutory text” in late June.
Some scholars have suggested modifying policing strategies (i.e. “defund”) or doing away with the doctrine of qualified immunity will protect the rights of individuals against corrupt or prejudiced law enforcement officials, but there is significant pushback from everyday citizens, judges, and Presidents alike. Our panel of policy and legal experts will debate the pros and cons of both topics in this 75-minute virtual presentation.
Featuring:
Mr. Larry H. James, Managing Partner, Crabbe Brown & James LLP
Ms. Heather Mac Donald, Contributing Editor, City Journal, Manhattan Institute
Mr. Robert McNamara, Senior Attorney, Institute for Justice
Mr. Charles “Cully” Stimson, Senior Legal Fellow and Manager, National Security Law Program, The Heritage Foundation
Moderator: Hon. Patrick J. Bumatay, United States Court of Appeals, Ninth Circuit
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Intellectual Property Rights and the Rule of Law [2020 National Lawyers Convention] Nov 25, 2020

Show notes

On November 11, 2020, The Federalist Society's Intellectual Property Practice Group hosted a virtual panel for the 2020 National Lawyers Convention. The panel covered "Intellectual Property Rights and the Rule of Law."
The world’s first democratized intellectual-property legal system, initiated by Art. I, Sec. 8, Cl. 8 of the U.S. Constitution, is intended, per Federalist #43, to: provide uniformity for the protection of IP rights; secure those rights for the individual rather than the state; and incentivize innovation and creative aspirations. Predictability, rooted in uniform application of the rule of law, is essential for property rights and economically sustainable growth. This is especially true in the context of intellectual property and the tremendous investments required for innovation and creative expression. These intended goals can be jeopardized in times of crisis if they are seen as being pitted against health, safety, security, and humanitarian needs that arise during actual or perceived crises such as the COVID-19 pandemic.
How can private IP rights be achieved and maintained in a manner that genuinely promotes public good without capture issues? Does a crisis necessitate a suspension or weakening of intellectual and/or other property rights –– or is it in times of crisis that rule of law and its attendant stability/predictability are most crucially needed? What we can learn for IP from how the rule of law has been affected by national crises in the past? This panel will discuss IP law in the 21st century and especially in 2020, considering court decisions, public advocacy, and data-driven lessons of history and how they should be applied to ideas for reforms that would weaken IP and rule of law versus those that may construct and restore predictable rights in support of vibrant and productive innovation and creative output.
Featuring:
Prof. Jorge Contreras, Professor of Law, University of Utah School of Law
Prof. Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Peter and Kirsten Bedford Senior Fellow, Hoover Institution
Mr. Phil Johnson, Founder and Principal, Johnson-IP Strategy and Policy Consulting; Former, Senior Vice President and Chief Intellectual Property Counsel, Johnson & Johnson
Hon. Karyn A. Temple, Senior Executive Vice President and Global General Counsel, Motion Picture Association; Former Register of Copyrights, United States Copyright Office
Moderator: Hon. Ryan T. Holte, United States Court of Federal Claims
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Agency Leaders on Labor Policy [2020 National Lawyers Convention] Nov 25, 2020

Show notes

On November 11, 2020, The Federalist Society's Professional Labor & Employment Law Practice Group hosted a virtual panel for the 2020 National Lawyers Convention. The panel covered "Agency Leaders on Labor Policy."
The Equal Employment Opportunity Commission, National Labor Relations Board and U.S. Department of Labor can have a significant negative or positive impact on the American economy and on Americans’ liberties. With almost four years behind them, how have these agencies done? Slowed down perhaps by delayed Senate confirmations and personnel changes, they certainly have been active with new regulations, new guidance, and responding to Pandemic challenges. What did they barrel-up and what did they whiff? We will ask senior leaders from the EEOC, NLRB, and DOL for their assessments.
Featuring:
Hon. Sharon Fast Gustafson, General Counsel, United States Equal Employment Opportunity Commission
Hon. Peter B. Robb, General Counsel, United States National Labor Relations Board
Hon. Cheryl Stanton, Administrator, Wage and Hour Division, United States Department of Labor
Moderator: Hon. Amul R. Thapar, United States Court of Appeals, Sixth Circuit
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

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