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Panel Three: The Civil Jury: Constitutional Liberty or Unhealthy Romance? Nov 07, 2019

Show notes

On October 24, 2019, The Federalist Society held its annual Third Circuit Chapters Conference. This panel debated the merits of civil juries.
The American civil jury has all but disappeared. Cases are rarely heard by juries, which might be a good thing: juries are expensive, time-consuming, and unpredictable. On the other hand, they are a constitutional right – in the federal constitution and all but two state constitutions – and there may be much value to keeping this right, notwithstanding the costs. Professors Philip Hamburger and Renee Lerner will debate the merits of the American civil jury.
Prof. Renée Lettow Lerner - Donald Phillip Rothschild Research Professor of Law, George Washington University Law School
Prof. Shanin Specter - Irving Segal Distinguished Adjunct Professor of Law, University of Pennsylvania Law School
Moderator: Hon. David J. Porter - U.S. Court of Appeals, Third Circuit
Introduction: Alida Kass, The Federalist Society New Jersey 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.

Panel Two: Regulation of Big Tech Nov 07, 2019

Show notes

On October 24, 2019, The Federalist Society held its annual Third Circuit Chapters Conference. This panel discussed and debated the proper government response to Big Tech.
In recent years, a small number of big tech companies have amassed enormous power and influence in our society. Growing concerns regarding the roles these companies play have led to numerous government investigations and bipartisan calls to crack down on or even break up Big Tech. This panel will discuss these developments and debate the proper government response to Big Tech.
Barry C. Lynn, Executive Director, Open Markets Institute
Taylor Owings, Counsel to the Assistant Attorney General, United States Department of Justice
Prof. Joshua Wright, Professor of Law and Director, Global Antitrust Institute, George Mason University School of Law, and former Commissioner, Federal Trade Commission
Moderator: Hon. Stephanos Bibas, U.S. Court of Appeals, Third Circuit
Introduction: Ryan Costa, The Federalist Society Delaware 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.

Keynote Address by Don McGahn Nov 07, 2019

Show notes

On October 24, 2019, The Federalist Society held its annual Third Circuit Chapters Conference. The keynote address here is by Don McGahn, former White House Counsel.
Featuring:
Hon. Don McGahn, Former White House Counsel
Introduction: Matthew J. Hank, President, The Federalist Society Philadelphia 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.

Panel One: The Future of Administrative Law After Kisor Nov 07, 2019

Show notes

On October 24, 2019, The Federalist Society held its annual Third Circuit Chapters Conference. This panel focused on the Supreme Court's recent opinion in Kisor v. Wilkie and the increased attention given to deference that is paid by administrative agencies' legal interpretations.
In judicial opinions, such as the Supreme Court’s recent opinion Kisor v. Wilkie, and in academia, there is increased attention to deference that is and should be paid to administrative agencies’ legal interpretations. This panel will address these developments, make some predictions about future developments, and discuss whether those likely developments are good, bad, or neither.
Prof. Emily Bremer - University of Notre Dame Law School
Adam White - Director, Center for the Study of the Administrative State, George Mason University
Prof. David Zaring - The University of Pennsylvania
Moderator: Hon. Paul B. Matey - U.S. Court of Appeals, Third Circuit
Introduction: Matthew Hank, President, The Federalist Society Philadelphia 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.

First Amendment Panel Nov 04, 2019

Show notes

On October 7, 2019, The Federalist Society held a panel on The First Amendment at its annual Kentucky Chapters Conference.
From Twitter blocking to Peace Crosses to religious exemptions and commercial speech, the First Amendment remains perhaps the most hotly and frequently contested aspect of constitutional law. Those disputes are playing out in federal and state courts, and under federal and state constitutions. Notions of judicial restraint have long had less purchase when First Amendment claims are at stake, with courts invalidating laws more frequently and offering less deference to legislatures. And in the Twitter era, courts are arguably less guided by traditional arguments from text, original meaning, and precedent than in other contexts. Our panel will take stock of how these debates are playing out in federal and Kentucky courts, and where we can expect the next battle lines to emerge.
Amy D. Cubbage - Ackerson & Yann, PLLC; ACLU of Kentucky Litigation Review Committee
Jesse Panuccio - Former Acting Associate Attorney General, U.S. Department of Justice
William E. Thro - General Counsel, University of Kentucky
Jonathan D. Urick - Senior Counsel, U.S. Chamber Litigation Center
Moderator: Hon. John Nalbandian - U.S. 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 speaker.

Stare Decisis Panel Nov 04, 2019

Show notes

On October 7, 2019, The Federalist Society held a panel on Stare Decisis at its annual Kentucky Chapters Conference.
This spring, Justice Breyer wrote, in response to the Supreme Court's decision to overrule Nevada v. Hall, "Today’s decision can only cause one to wonder which cases the Court will overrule next." But is the Roberts Court actually more aggressive in overruling precedents than previous Courts? How does the Kentucky Supreme Court compare? And when should a Court overrule a precedent? This latter question divides many originalists and textualists, in part because it cuts across ideological lines. Our panel will explore these topics, with a focus on the intersection of originalist principles and the principles of stare decisis.
Cassie Chambers Armstrong - Kaplan Johnson Abate & Bird; Vice Chair, Kentucky Democratic Party
Prof. Michael Morley - Assistant Professor, Florida State University College of Law
John Sheller - Stoll Keenon Ogden
Hon. Laurance VanMeter - Kentucky Supreme Court
Moderator: Hon. Amul Thapar - U.S. 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 speaker.

Fair Trade: Reinvigorating American Leadership in the 21st Century Oct 28, 2019

Show notes

On October 15, 2019, the Federalist Society's International & National Security Law Practice Group hosted a panel at the Mayflower Hotel in Washington, DC. The topic of the panel was "Fair Trade: Reinvigorating American Leadership in the 21st Century".
Many conservative-leaning thinkers and commentators are swift to attack the President’s embrace of tariffs and other tough trade tools. They speak of free trade and exchange, comparative advantage, and market efficiency, but do these critics fundamentally mistake the pre-Trump trade policy status quo for “free trade?” Have unjust trade imbalances and foreign manipulation of trade relationships chipped away at America's economic and security well-being, meaning bold action has been needed to address it?
President Trump argues that though foreign commercial discrimination, regional protectionism, and illegal commercial exploitation have chipped away at our economic and national security, our economy’s sheer size and and strength have largely insulated it from dramatic, sudden effects. But the effects, in the aggregate, over time, have led to a decline in American dominance and self-reliance. The President made a commitment to revivify sectors that have slowly atrophied over the decades, negatively impacting our culture as well as our economy. By engaging vigorously with foreign powers - allies and strategic competitors alike, the President is attempting to send a signal: He wants free trade, but it must also be fair trade. These and other issues will be debated at our event.
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As always, the Federalist Society takes no particular legal or policy positions. All opinions expressed are those of the speakers.
Opening Address
Panel Discussion Featuring:
Donald B. Cameron, Jr., Partner, Morris, Manning, & Martin, LLP
Hon. Ronald A. Cass, President, Cass & Associates, PC; Former Commissioner & Vice-Chairman, US International Trade Commission; Dean Emeritus, Boston University School of Law
Hon. Jeffrey I. Kessler, Assistant Secretary of Commerce for Enforcement and Compliance, U.S. Department of Commerce
Moderator: Dean A. Reuter, General Counsel | Vice President & Director, Practice Groups, The Federalist Society

Laboratories of Democracy, Part 2: Can Congress learn from State Legislatures? Oct 17, 2019

Show notes

The concept of states serving as important test cases for national governance dates to the founding of the country. In part 2 of our series, this panel will discuss how lessons from how different state legislatures operate today could be incorporated to increase the effectiveness of our federal legislature. The panel will begin with a presentation on a study from the Center for Legislative Strengthening at the National Conference of State Legislatures which examines the structures and procedures that have allowed some state legislatures to avoid partisan gridlock.
Featuring:
Hon. Robert Hurt, Vice President and Director, Center for Law and Government at Liberty University; Former Congressman, Virginia's 5th District
Karl Kurtz, Principal, Legis Matters; Coauthor, Republic on Trial: The Case for Representative Democracy
Introduction: William Hild, III, Deputy Director, Article I Initiative and Deputy Director, Regulatory Transparency Project, The Federalist Society
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 Milton Friedman [Archive Collection] Oct 03, 2019

Show notes

On March 7, 1986, The Federalist Society hosted its annual National Student Symposium at Stanford Law School. Professor Emeritus Milton Friedman delivered opening remarks on economics and free speech.
Featuring:
Brian J. Brille, Symposium Director, Stanford Federalist Society
John Hart Ely, Dean, Stanford Law School
Milton Friedman, Professor Emeritus of Economics, University of Chicago
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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 President Ronald Reagan [Archive Collection] Oct 03, 2019

Show notes

On September 9, 1988, President Ronald Reagan delivered this address at the Second Annual National Lawyers Convention.
Featuring:
Steven Calabresi, Co-Chairman, The Federalist Society
T. Kenneth Cribb, Assistant to the President for Domestic Affairs
Hon. Ronald Reagan, President of The United States
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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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