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Local Control or Abdication of Individual Rights? 9-17-2016 Sep 20, 2016

Show notes

A growing number of Texas municipalities are passing so-called "nanny state" restrictions and regulations that may interfere with Texans’ personal liberties, property rights, and livelihood. Advocates of these types of regulations defend them by citing a theory of “local control,” which posits that government works best when it is closest to the people. Our republic is founded upon the notion that all powers not granted to the federal government are reserved to the states or to the people. Some say the notion of local control being anything other than a specific grant of authority from the state government is a misunderstanding of federalism. This could lead to "grassroots tyranny" in which individual liberties of Texans are encroached by local government. Should the Legislature enforce strict limits on municipalities or should it defer to the will of a geographical majority? How can the Legislature reassert its primacy as the state’s lawgiver and defender of individual liberty if existing statutes are overlooked by the courts? In short, this panel will discuss a theory of local control and determine whether the Texas Legislature has abdicated too much lawmaking authority to political subdivisions throughout the state. -- This panel took place on September 17, 2016, during the Second Annual Texas Chapters Conference in Austin, Texas. The theme for the conference was "The Separation of Powers in the Administrative State". -- Featuring: Hon. Phil King, Texas House of Representatives, District 61; Dean Andrew P. Morriss, Dean and Anthony G. Buzbee Dean’s Endowed Chair, Texas A&M University School of Law; and Hon. Don Zimmerman, Council Member, District 6, Austin. Moderator: Hon. Michael Massengale, First Court of Appeals, Texas. Introduction: Mr. Roger Borgelt, Principal and CEO, Borgelt Law. Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society.

Keynote Address by Senator Ted Cruz 9-17-2016 Sep 20, 2016

Show notes

Senator Ted Cruz (R-TX) gave the keynote address at our Second Annual Texas Chapters Conference. He discussed the life and legacy of Justice Antonin Scalia before turning his attention to Constitution Day and answering questions from attendees. -- This address took place on September 17, 2016, during the Second Annual Texas Chapters Conference in Austin, Texas. The theme for the conference was "The Separation of Powers in the Administrative State". -- Featuring: Hon. Ted Cruz, U.S. Senator, Texas. Introduction: Mr. Arthur Gollwitzer III, Partner, Michael, Best & Friedrich LLP.

Officer Safety and Community Policing 9-12-2016 Sep 20, 2016

Show notes

On September 12, 2016, the Federalist Society at Berkeley Law hosted Heather Mac Donald and a panel of law enforcement professionals for a discussion on officer safety and community policing. The panelists reflected on their personal experiences in law enforcement and weighed in on the current crisis in police-community relations. -- Featuring: Kenton Rainey, Chief, BART Police Department; Scott Erickson, Founder, Americans in Support of Law Enforcement; Daryl Jackson, District Attorney Inspector; Harry Stern, Managing Principal, Rains Lucia Stern, PC; and Heather Mac Donald, Author, "The War on Cops". Moderator: Kevin Walker, Berkeley Law.

The Clean Power Plan Goes to Court 9-13-2016 Sep 15, 2016

Show notes

In August 2015 the President announced the Clean Power Plan, characterized by the Environmental Protection Agency’s website as “a historic and important step in reducing carbon pollution from power plants that takes real action on climate change.” Some six months later, on February 9, 2016, the U.S. Supreme Court stayed implementation of the Plan, pending further judicial review. Later this month, the D.C. Circuit Court of Appeals will hear en banc argument in that case, West Virginia et al. v. EPA. The suing states and power companies assert that the EPA has overstepped its authority in the Clean Air Act, and have acted beyond the bounds of the U.S. Constitution. Our experts will debate the arguments made in the various briefs and expected at oral argument. -- Speakers: David Bookbinder, Founder, Element VI Consulting; David Doniger, Policy Director, Climate & Clean Air Program, Natural Resources Defense Council; Hon. Scott Pruitt, Attorney General, Oklahoma; and David B. Rivkin, Jr., Partner, Baker & Hostetler LLP. Moderator: Adam J. White, Research Fellow, The Hoover Institution.

2016 Annual Supreme Court Round Up 7-22-2016 Jul 26, 2016

Show notes

On July 22, 2016, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at The Mayflower Hotel in Washington, DC. Introduction by Mr. Douglas R. Cox, Gibson Dunn & Crutcher LLP.

A Look Back, and a Look Forward: A Discussion with Three Former SEC Commissioners 6-1-2016 Jun 14, 2016

Show notes

Three former SEC Commissioners reflect on their tenures at the SEC and also provide their perspectives on several of today’s most important financial regulatory issues and questions. -- This panel was sponsored by the Federalist Society's Corporations, Securities & Antitrust Practice Group on June 1, 2016, at the National Press Club in Washington, DC. -- Featuring: Hon. Paul S. Atkins, Chief Executive, Patomak Global Partners, LLC (SEC Commissioner 2002-2008); Hon. Annette L. Nazareth, Partner, Davis Polk & Wardwell LLP (SEC Commissioner 2005-2008); and Hon. Troy A. Paredes, Founder, Paredes Strategies LLC (SEC Commissioner 2008-2013). Moderator: Jeffrey T. Dinwoodie, Associate, Davis Polk & Wardwell LLP. Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society.

Address by Senator Dan Sullivan 5-17-2016 May 20, 2016

Show notes

United States Senator Dan Sullivan of Alaska delivered this address during the Fourth Annual Executive Branch Review Conference on May 17, 2016. Introduction by Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society.

Disparate Impact: Reducing Innovation in the Workplace? 5-17-2016 May 20, 2016

Show notes

The slogan "Personnel is policy" reflects the principle that hiring the right people is one of the most important things that employers do. An employer with an innovative approach to bringing on board the best people has a critical edge over her competition. But the rise of interpretations of federal employment law that basically give the Equal Employment Opportunity Commission ("EEOC") veto power over nearly any employment decision means that many creative ideas about hiring will be stillborn. Notably, the EEOC interprets federal civil rights law not just to prohibit employers from discriminating on the basis of race, sex, color, national origin, and age, but also on practices that have a "disparate impact" on members of such groups even if the practice is not actually discriminatory. Because virtually any job qualification has a disparate impact on members of some such group, this interpretation confers extraordinary powers on the EEOC. Disparate impact is widely believed to have led many employers to abandon paper and pencil tests of cognitive ability. More recently, employers have been discouraged from using the Internet to recruit because racial minorities were thought to lack access to the internet relative to members of other racial and ethnic groups. Further, the EEOC also has put pressure on employers to abandon the use of credit and criminal background checks because of their alleged disparate impact on racial minorities. This panel will discuss how the metastasis of disparate impact has strangled innovative hiring strategies in these areas as well as others and other perverse consequences of disparate impact's growth. -- This panel was presented during the Fourth Annual Executive Branch Review Conference on May 17, 2016, at the Mayflower Hotel in Washington, DC. -- Featuring: Hon. Gail Heriot, United States Commission on Civil Rights, and Professor of Law, University of San Diego School of Law; Mr. James Scanlan, Attorney at Law; and Mr. James Sharf, Sharf & Associates. Moderator: Mr. John Irving, Of Counsel, Kirkland & Ellis.

Are Patents Under Attack in the Supreme Court? 5-17-2016 May 20, 2016

Show notes

As Congress debates controversial patent legislation that some say will undermine patent rights, has the U.S. Supreme Court been steadily eroding the scope and enforceability of patents for the past decade? The Supreme Court has made it easier to invalidate patents because an invention is “obvious,” not specific enough, or an “abstract idea.” The Court has also made it more difficult for patent owners to stop or “enjoin” ongoing infringement of their rights and riskier to assert their rights in court. Is the Supreme Court striking the right balance or is it undermining an important property right? -- This panel was presented during the Fourth Annual Executive Branch Review Conference on May 17, 2016, at the Mayflower Hotel in Washington, DC. -- Featuring: Prof. John F. Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law; Mr. Michael R. Huston, Gibson, Dunn & Crutcher; Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar, Center for the Protection of Intellectual Property, Antonin Scalia Law School, George Mason University; and Mr. Jeff Wall, Sullivan & Cromwell. Moderator: Hon. Randall R. Rader, The George Washington University.

Regulatory Barriers to Innovation 5-17-2016 May 20, 2016

Show notes

American technological innovation has given birth to entire new segments of economic activity. The sharing economy alone has given rise to a new class of entrepreneurs, where web platforms enable companies like AirBnB and Uber to allow the peer-to-peer sharing of houses, cars ... even lawn mowers. Connectivity and big data is driving the Internet of Things revolution, where ideas once only seen in science fiction movies (think self-driving cars) may soon become an everyday reality. And all of these innovations have been made possible thanks to the Internet, which, until recently, has benefitted from a light regulatory touch. -- Unfortunately, federal and state agencies have not always welcomed innovation and disruption, even when it enhances overall consumer welfare. What can be done to embrace innovation and American leadership? What role should the state and federal governments play as new economies continue to take shape? What role should the FTC play? How will the FCC's current Net Neutrality rules impact growth? These and other issues will be explored. -- This panel was presented during the Fourth Annual Executive Branch Review Conference on May 17, 2016, at the Mayflower Hotel in Washington, DC. -- Featuring: Mr. Krishna Juvvadi, Senior Counsel, Uber Technologies, Inc.; Mr. Clark Neily, Senior Attorney, Institute for Justice; Prof. John O'Neill, Director, School of Hospitality Management, Penn State; and Mr. Peter Pitsch, Associate General Counsel and Executive Director of Communications Policy, Intel Corporation. Moderator: Hon. Maureen Ohlhausen, Commissioner, Federal Trade Commission.

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