FedSoc Events

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Equality vs. Discretion in Sentencing [Archive Collection] Oct 01, 2020

Show notes

On September 9-10, 1988, The Federalist Society hosted its second annual National Lawyers Convention at the Mayflower Hotel in Washington, D.C. on "The Constitution and Federal Criminal Law." The final panel of the convention explored "Equality vs. Discretion in Sentencing."
The U.S. Sentencing Commission recently issued proposed guidelines for federal judges, aimed at producing more uniform criminal sentences in similar situations by the various federal courts. Will this approach lead to greater fairness and consistency for both society and those being sentenced, or will it lessen the capacity ofjudges to fine-tune the sentence to the unique facts of each individual case?
Featuring:
Hon. Stephen Breyer, U.S. Court of Appeals, First Circuit
Hon. Ilene Nagel, U.S. Sentencing Commission
Terence MacCarthy, American Bar Association, Criminal Justice Section
Moderator: Hon. Frank Easterbrook, U.S. Court of Appeals, Seventh 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.

It Can Be Done Live: The Future of Our Seas Oct 01, 2020

Show notes

The creators of the award-winning documentary, They Say It Can't Be Done, in partnership with the Federalist Society's Regulatory Transparency Project, present It Can Be Done Live - a conversation between entrepreneurs, regulatory experts, and noted academics around creative and bipartisan solutions to global challenges to our shared future. The first of four panel events, It Can Be Done Live: The Future of Our Seas took place on September 10th, 2020.
Our oceans are changing rapidly and not for the better. Ocean acidification, rising sea levels, plastic waste, and overfishing are contributing to an unsustainable and unhealthy ecosystem in our seas. Can we find a way to reverse the damage? The panelists will explore the potential of human ingenuity to solve these problems and the conditions necessary to make those solutions a reality. We say it can be done.
Speakers:
Tom Bell, Professor, Dale E. Fowler School of Law, Chapman University
Patrick Reasonover, Producer, They Say It Can't Be Done
Scotty Schmidt, Co-Founder & CEO, Primary Ocean Providers
Julie Friedman Steele, CEO & Board Chair, World Future Society
Moderator: Kimberly Hermann, General Counsel, Southeastern Legal Foundation
Introduction: Nathan Kaczmarek, Vice President & Director, Regulatory Transparency Project and Article I Initiative, 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.
About The Film:
They Say It Can't Be Done is a documentary that explores how innovation can solve some of the world’s largest problems. The documentary tracks four companies on the cutting edge of technological solutions that could promote animal welfare, solve hunger, eliminate organ wait lists & reduce atmospheric carbon.

States’ Attorneys General: Defenders of the Bulwarks of Federalism Sep 28, 2020

Show notes

On September 10, 2020, The Federalist Society's South Carolina, Nebraska, and Houston Lawyers Chapters hosted a panel with three current Attorneys General of Nebraska, Texas, and South Carolina. The esteemed panel discussed challenges their offices have faced, the role of Attorneys General, how this role has changed over the years, and how they expect it to change in the future in their respective states.
Featuring:
Hon. Alan Wilson, Attorney General of South Carolina
Hon. Doug Peterson, Attorney General of Nebraska
Hon. Ken Paxton, Attorney General of Texas
Introduction: Miles Coleman, Partner, Nelson Mullins; President, The Federalist Society's Columbia, SC Lawyers
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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.

Wisconsin Election Law Panel Sep 22, 2020

Show notes

On September 1, 2020, the Federalist Society's Wisconsin lawyers chapters hosted their annual conference via an online webinar. The first panel of the conference focused on election law in Wisconsin.
Despite recent Supreme Court decisions addressing key aspects of election law, many questions affecting the vote remain unanswered. What limits does the Constitution put on rules governing maintenance of voter rolls? Following Rucho v. Common Cause, what if anything should policymakers do to address districts drawn through partisan gerrymanders? How secure from hacking are the electronic systems used to count votes? What problems, if any, does "dark money" pose to democratic elections? This panel will address these issues and others related to election integrity with a view to the 2020 presidential election.
Speakers:
Rick Esenberg, Founder, President and General Counsel, Wisconsin Institute for Law & Liberty
Lester A. Pines, Senior Partner, Pines Bach
Moderator: Ryan Walsh, Partner, Eimer Stahl LLP
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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.

Can the Death Penalty be Administered Constitutionally? [Archive Collection] Sep 17, 2020

Show notes

On September 9-10, 1988, The Federalist Society hosted its second annual National Lawyers Convention at the Mayflower Hotel in Washington, D.C. on "The Constitution and Federal Criminal Law." The second day of the convention commenced with a debate over whether the death penalty can be administered constitutionally.
Opponents of the death penalty, including several Supreme Court Justices, argue that, under the evolving moral standards of our society and culture, capital punishment is inherently "cruel and unusual" and therefore unconstitutional. Others argue that the framers passed the injunction against cruel and unusual punishment at the same time as language in the Fifth Amendment directly contemplating imposition of the death penalty, and that if the two could constitutionally co-exist then, they can continue to do so unless a specific amendmentis passed to change the Constitution in that regard.
Featuring:
Prof. Walter Berns, Georgetown University
Prof. Walter Dellinger, Duke University School of Law
Moderator: Judge Patrick Higginbotham, U.S. 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.

Nationwide Injunctions Panel Sep 17, 2020

Show notes

On September 1-3, 2020, the Federalist Society's Wisconsin lawyers chapters hosted their annual conference via an online webinar. The second panel of the conference discussed nationwide injunctions.
What is the proper role of state attorneys general and the courts in litigation in seeking to nullify federal law? Panelists will discuss the difference in approach between Wisconsin during the Obama administration and other state's efforts during the Trump administration with a particular emphasis on the role of state AGs and the role of the courts in issuing nationwide injunctions. Are nationwide injunctions "legally and historically dubious," as Justice Thomas has described them?
Featuring:
Jeffrey Mandel, Partner & Co-chair, Stafford Rosenbaum’s Litigation Practice Group
Michael Morley, Assistant Professor, Florida State University College of Law
Misha Tseyltlin, Partner, Troutman Pepper
Moderator: Hon. Rebecca Bradley, Wisconsin Supreme Court
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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.

Advice and Consent: The Mechanics, History, and Contemporary Developments in Federal Judicial Selection and Confirmation Sep 17, 2020

Show notes

The South Carolina Lawyers Chapter hosted an event on: "Advice and Consent: Mechanics, History, and Developments in Judicial Selection and Confirmation."
Featuring:
Mark Champoux, Partner, Davis, Graham & Stubbs; former Principal Deputy Assistant Attorney General, Department of Justice, Office of Legal Policy
Prof. Brian Fitzpatrick, Professor of Law, Vanderbilt University Law School
Michael Fragoso, Chief Counsel for Nominations, Senate Judiciary Committee
Hon. Lindsey Graham , United States Senate, South Carolina
Moderator: Miles Coleman, Partner, Nelson Mullins; President, The Federalist Society's Columbia, SC Lawyers Chapter
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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.

North Carolina Supreme Court Candidate Forum Sep 14, 2020

Show notes

On September 10, 2020, The Federalist Society's Triangle and Cape Fear Lawyers Chapters hosted a Forum for the upcoming North Carolina Supreme Court elections.
Featuring:
Moderator: Donna Martinez - Vice President of Marketing and Communications, John Locke Foundation
Running for Seat 1/Chief Justice:
Chief Justice Cheri Beasley (D) - North Carolina Supreme Court, Incumbent
Justice Paul Newby (R) - North Carolina Supreme Court
Running for Seat 2:
Judge Lucy Inman (D) - North Carolina Court of Appeals
Judge Phil Berger, Jr. (R) - North Carolina Court of Appeals
Running for Seat 4:
Justice Mark Davis (D) - North Carolina Supreme Court, Incumbent
Sen. Tamara Barringer (R) - Candidate, North Carolina Supreme Court
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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.

Panel V: The Public and Private Realms: The Privatization Movement and Other Developments [Archive Collection] Sep 11, 2020

Show notes

On October 16-17, 1987, the Federalist Society hosted a symposium in celebration of the bicentennial of the Constitution at the George Mason University School of Law. The symposium was titled "Constitutional Protections of Economic Activity: How They Promote Individual Freedom." The final panel of the symposium discussed "The Public and Private Realms: The Privatization Movement and Other Developments."
Featuring:
Prof. Kenneth S. Abraham, University of Virginia Law School
Prof. Robert C. Ellickson, Stanford Law School
Prof. George L. Priest, Yale Law School
Moderator: Prof. Leonard P. Liggio, Institute for Humane Studies at George Mason University
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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.

Qualified Immunity, a Debate--Retain or Abolish? Sep 09, 2020

Show notes

Created by the Supreme Court in 1967, the legal doctrine of qualified immunity shields government officials from being sued even if they violate someone’s constitutional rights, as long as they are not violating what the Court calls "clearly established law."
Proponents of qualified immunity argue that it is necessary for police officers to perform their job without the fear of being sued. Critics say that qualified immunity offers too much protection for the police and lessens their accountability.
The Federalist Society's El Paso Lawyers Chapter hosted a Zoom debate on the issue on September 1st, 2020 covering points ranging from the merits of the doctrine as it is applied today to which branch of government—the Judiciary or Congress—should change it, if at all.
Featuring:
Judd Stone, Assistant Solicitor General, Texas
Clark Neily, Vice President for Criminal Justice, CATO Institute
Moderator: Anthony Rodregous, President, El Paso Lawyers Chapter
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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.

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