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Panel II: Current State-of-Play Jul 13, 2018

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In recent years, a new populist movement in antitrust law has been labeled “hipster antitrust,” and its proponents include prominent members of Congress including Senators Bernie Sanders and Elizabeth Warren. These would-be antitrust revolutionaries oppose using the consumer welfare standard of Judge Bork as the sole policy interest of antitrust law, and instead argue that antitrust law should be used to solve a myriad of far-reaching issues such as income inequality, redistribution of wealth, and political power. Proponents further contend that an overhaul of antitrust law could be used to curb the power and influence of vast companies such as Amazon, Facebook, and Google. Are such companies truly becoming too expansive and powerful? Is an overhaul of antitrust law, or revisiting the consumer welfare standard, a necessary or even desirable step in response to such powerful companies?
Featuring:
Deb Garza, Partner, Covington & Burling LLP
Diana Moss, President, American Antitrust Institute
Hon. Noah Phillips, Commissioner, Federal Trade Commission
Hon. Joshua Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law School
Moderator: Judge Douglas Ginsburg, United States Court of Appeals, District of Columbia

Panel I: Generational Impact of The Antitrust Jul 13, 2018

Show notes

In 1978, Judge Robert Bork published the book The Antitrust Paradox. The Antitrust Paradox has become one of the most influential authorities on antitrust policy, changing the landscape of American antitrust law forever. Since its publication, The Antitrust Paradox has been cited by over 100 different United States courts, and its reasoning has often been adopted by the Supreme Court of the United States. Judge Bork argued the original intent of the Sherman Act and other American antitrust laws was to protect competition itself rather than consumers. The result of this flawed approach was certain market practices such as vertical integration and price discrimination, which posed no threat to consumers, were still outlawed in favor of competition, even if this competition lead to an overall harm to the consumer. Instead, Judge Bork advocated for a consumer welfare standard, where violations of antitrust law would be measured solely by their affect on consumers. Jude Bork’s articulation of these principles in The Antitrust Paradox had a lasting impact that can be felt in antitrust law to this day.
Featuring:
Susan Creighton, Partner, Co-Chair, antitrust practice, Wilson Sonsini Goodrich & Rosati
Andrew Finch, Principal Deputy Attorney General, Antitrust Division, Department of Justice
Charles (Rick) Rule, Co-Chair, Antitrust Group, Paul|Weiss
Hon. Joshua Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law school
Moderator: Judge Laurence Silberman, United States Court of Appeals, District of Columbia

Opening Remarks Jul 13, 2018

Show notes

Featuring:
Hon. Makan Delrahim, Assistant Attorney General, Antitrust Division, Department of Justice
Introduction: Dean Reuter, General Counsel | Vice President & Director, Practice Groups, The Federalist Society

Panel 2 — The Tech Titans' Duties to Assist the Government Jul 13, 2018

Show notes

It is difficult to imagine any criminal acts, espionage, or terrorism that does not leave some form of cyber fingerprints. As corporate citizens, to what extent can and should the companies cooperate in supporting criminal, intelligence, and counterintelligence operations? What should their duties be, if any, to combat information warfare conducted by foreign governments or terrorist organizations? What incentives can be created to encourage them? What are the challenges to working collaboratively with the government on these issues? Are compliance regimes necessary and, if not, how should we ensure that companies and the government are able to work together effectively on such issues?
Featuring:
Craig Albright, Vice President, Legislative Strategy, BSA
Stewart Baker, Partner, Steptoe & Johnson
Mark Champoux, Principal Deputy Assistant Attorney General, Office of Legal Policy, U.S. Department of Justice
Prof. F. Scott Kieff, Research Professor of Law, The George Washington University Law School
David Kris, Advisor, Intellectual Ventures
Moderator: Matthew R. A. Heiman, Visiting Fellow, National Security Institute, Antonin Scalia Law School, George Mason University

Reception with Senator Chuck Grassley Jun 18, 2018

Show notes

On June 11, 2018, the Federalist Society's DC Young Lawyers Chapter and the Article I Initiative cosponsored an event which featured Senator Chuck Grassley.
Sen. Grassley (IA) spoke on developments in the federal judiciary and the importance of Congress reasserting its constitutional powers.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
Featuring:
Senator Chuck Grassley, United States Senator for Iowa and Chairman, Senate Judiciary Committee
Introduction: Leonard A. Leo, Executive Vice President, The Federalist Society
Welcome: Lisa Ezell, Vice President & Director of Lawyers Chapters, The Federalist Society

Founding Principles as Pillars of Our Foreign Policy Jun 13, 2018

Show notes

What would history have to say about the way in which American foreign policy is conducted in the modern era? Are Congress and the Executive duly considering the founding principles of our nation as they conduct foreign policy, from the division of labor between these two branches, to the appropriate use of treaties, executive agreements, and other less formal agreements not submitted to the Senate for ratification, to the imposition or revocation of sanctions? And what of multilateral treaties, international governing bodies, and the preservation of American sovereignty? These and other issues will be addressed by our guest speaker and panelists.
Featuring
An address by:
Hon. Mike Gallagher, U.S. House of Representatives, WI-8
Followed by a panel with:
Prof. Henry Nau, Professor of Political Science and International Affairs, Elliot School of International Affairs, The George Washington University
Prof. Jeremy A. Rabkin, Professor of Law, George Mason University School of Law
Mr. Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute
Moderator: Mr. Nathan Kaczmarek, Director, Article I Initiative, The Federalist Society

How Does International Law Limit the War on Terror? [Archive Collection] Jun 13, 2018

Show notes

On February 25, 2006, the Federalist Society student chapter at Columbia Law School hosted the 25th Annual National Student Symposium. The Symposium featured a panel on the question, "How Does International Law Limit the War on Terrorism?"
Featuring:
Prof. Akhil Amar, Yale Law School
Prof. Catherine Powell, Fordham Law School
Prof. Saikrishna B. Prakash, University of San Diego School of Law
Prof. John Yoo, Boalt Hall (UC Berkeley) School of Law
Moderator: Hon. A. Raymond Randolph, U.S. Court of Appeals, DC Circuit
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Lawyers & the U.S. Justice System [Archive Collection] Jun 01, 2018

Show notes

On June 22, 1999, the Oklahoma City Federalist Society Chapter hosted a panel discussion on Lawyers and the U.S. Justice System.
Featuring:
Hon. Laurence H. Silberman, U.S. Court of Appeals, D.C. Circuit
William G. Paul, President-Elect, American Bar Association
Introductions: Hon. Robert Henry, U.S. Court of Appeals, Tenth Circuit
Opening Remarks: Andy Lester, Chairman, Oklahoma City Federalist Society Chapter
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Are U.S. Colleges and Universities Barring Asian Applicants Based on their Race? May 30, 2018

Show notes

The Classical Theory of Law [Archive Collection] May 30, 2018

Show notes

On April 3, 1987, the University of Chicago chapter hosted the Sixth Annual National Student Symposium. The Symposium featured a panel on the topic, "The Classical Theory of Law."
Introductory Remarks:
Janice Calabresi, University of Chicago Law School, Federalist Society Chapter President
Dean-Designate Geoffrey Stone, University of Chicago Law School
Panel Featuring:
Prof. Norman P. Barry, The University of Buckingham Law School
Prof. Richard Epstein, University of Chicago Law School
Prof. Gary Peller, University of Virginia School of Law
Moderator: Dean-Designate Geoffrey Stone, University of Chicago Law School
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

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