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    FedSoc Events

    The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. This podcast feed contains audio files of Federalist Society panel discussions, debates, addresses, and other events related to law and public policy. Additional audio and video can be found at https://fedsoc.org/commentary.

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    Latest Episodes:
    The Safety Net and Poverty 2-27-2016 Mar 04, 2016
    Show notes

    Most agree that society should take care of its neediest members. The question is how this should be accomplished. Our current federal safety net was designed for a different era and is becoming increasingly outdated, ineffective, and expensive. How can we reform it to be both successful and fiscally sustainable? To what degree does our current entitlement system stretch well beyond the actual needs of those in poverty? And to what extent should we rely on state governments and civil society instead of a one-size-fits-all national approach? -- This panel was presented at the 2016 National Student Symposium on Saturday, February 27, 2016, at the University of Virginia School of Law. -- Featuring: Mr. Christopher DeMuth, Distinguished Fellow, Hudson Institute; Dr. William Galston, Senior Fellow, Governance Studies, The Brookings Institution; Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law; and Prof. David Super, Professor of Law, Georgetown University Law Center. Moderator: Prof. John Harrison, James Madison Distinguished Professor of Law, University of Virginia School of Law. Introduction: Mr. Thomas Sanford, Vice President for Special Events, University of Virginia School of Law Student Chapter.


    Immigration Restrictions and the Constitution 2-27-2016 Mar 04, 2016
    Show notes

    Immigration restrictions keep millions of people stuck in impoverished countries – preventing them from improving their lives by moving somewhere else. However, some restrictions are clearly necessary to protect national security. And many say that our current laws do not go anywhere near far enough, arguing that additional restrictions are needed to prevent wage depression and the overburdening of our already-strained safety net. One way or another, immigration restrictions have an enormous impact on poverty, both domestically and abroad. But are such restrictions constitutional? This debate will address that question, along with the complex policy issues involved with the topic. -- This panel was presented at the 2016 National Student Symposium on Saturday, February 27, 2016, at the University of Virginia School of Law. -- Featuring: Prof. John Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law and Prof. Ilya Somin, Professor of Law, George Mason University School of Law. Moderator: Hon. Amul R. Thapar, U.S. District Court for the Eastern District of Kentucky. Introduction: Mr. Nicholas Rotz, University of Virginia School of Law Student Chapter.


    The Family 2-27-2016 Mar 04, 2016
    Show notes

    It is oddly controversial to identify the breakdown of the family unit as a central cause of poverty. The empirical evidence confirming a strong correlation is overwhelming: higher divorce rates, increasing out-of-wedlock births, lower percentages of married couples, and higher rates of abortion are all associated with poverty. How has the law impacted these trends, and what can be done to reverse them? -- This panel was presented at the 2016 National Student Symposium on Saturday, February 27, 2016, at the University of Virginia School of Law. -- Featuring: Prof. Mary Anne Case, Arnold I. Shure Professor of Law, University of Chicago Law School; Ms. Kay Hymowitz, Senior Fellow, The Manhattan Institute; Prof. W. Bradford Wilcox, Associate Professor of Sociology, University of Virginia; and Mr. Robert Woodson, Founder and President, Center for Neighborhood Enterprise. Moderator: Hon. A. Raymond Randolph, U.S. Court of Appeals, D.C. Circuit. Introduction: Mr. Robert Smith, 1L Committee Co-Chair, University of Virginia School of Law Student Chapter. Welcome: Mr. Dan McBride, President, University of Virginia School of Law Student Chapter.


    Capitalism and Inequality 2-26-2016 Mar 04, 2016
    Show notes

    Free markets have exponentially improved the well-being of humanity and lifted more people out of poverty than any government program. But severe inequalities persist, and gaps have widened in the past thirty years. Is this a problem in and of itself? Or only to the extent it is caused by unfairly distorting the market with the help of government – so-called “crony capitalism" – as opposed to the inherently unique capabilities of each individual? How should the law be structured to ensure a level playing field? -- This panel was presented at the 2016 National Student Symposium on Friday, February 26, 2016, at the University of Virginia School of Law. -- Welcome and Opening Remarks: Dean Paul Mahoney, Dean, David and Mary Harrison Distinguished Professor of Law, and Arnold H. Leon Professor of Law, University of Virginia School of Law. Introduction: Mr. Dan McBride, President, University of Virginia School of Law Student Chapter. -- Panel I: Capitalism and Inequality -- Featuring: Dr. Yaron Brook, Executive Director, The Ayn Rand Institute; Prof. Thomas Edsall, Adjunct Professor of Journalism, Columbia Graduate School of Journalism; Prof. Jason Johnston, Henry L. and Grace Doherty Charitable Foundation Professor of Law, University of Virginia School of Law; and Prof. Steven Teles, Associate Professor of Political Science, Johns Hopkins University. Moderator: Hon. Jerry E. Smith, U.S. Court of Appeals, Fifth Circuit.


    Federalism and Religious Liberty 1-30-2016 Feb 17, 2016
    Show notes

    How should federalism affect “moral” issues like abortion, traditional marriage, and state RFRA laws? What about the intersection of equal protection and religious liberties? Should pro-life state attorneys general, for example, file lawsuits against abortion providers like Planned Parenthood? Is religious faith and morality inherently in tension with fidelity to the rule law? -- This debate was part of the 2016 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 30, 2016. -- Featuring: Prof. John Eastman, Dale E. Fowler School of Law, Chapman University and Prof. Marci Hamilton, Paul R. Verkuil Chair in Public Law, Benjamin N. Cardozo School of Law, Yeshiva University. Moderator: Hon. Carlos Bea, U.S. Court of Appeals, 9th Circuit. Introduction: Mr. Joel Ard, Member, Foster Pepper PLLC.


    Federalism, the Environment, Land Use, and Energy Independence 1-30-2016 Feb 17, 2016
    Show notes

    Some states have criticized Washington overreach on a number of energy and environmental issues, from fracking, the sale of public lands, utility regulation, and clean air and water regulation. Many state attorneys general have banded together to challenge alleged overreach in the environmental arena, including litigation against the EPA’s coal-fired power plant regulation plans. What are the proper federalism models for environmental regulation? What role should the courts and state attorneys general play? A panel of experts will discuss. -- This panel was part of the 2016 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 30, 2016. -- Featuring: Mr. Anthony L. (Tony) François, Senior Staff Attorney, Pacific Legal Foundation; Prof. Richard Frank, Director, California Environmental Law and Policy Center, UC Davis School of Law; Prof. Donald J. Kochan, Associate Dean for Research and Faculty Development; Dale E. Fowler School of Law, Chapman University; and Prof. Justin Pidot, Sturm College of Law, University of Denver. Moderator: Hon. Milan D. Smith, Jr., U.S. Court of Appeals, 9th Circuit. Introduction: Ms. Jennifer Perkins, Assistant Solicitor General, AG Opinions and Ethics at Arizona Attorney General's Office.


    Keynote Address by Former California Governor Pete Wilson 1-30-2016 Feb 17, 2016
    Show notes

    Former California Governor Pete Wilson delivered the Keynote Address at the 2016 Annual Western Chapters Conference on January 30, 2016, at The Ronald Reagan Presidential Library in Simi Valley, CA. Thomas F. Gede of Morgan Lewis introduced the Governor.


    Preserving Freedom: Federal vs. State Power 1-30-2016 Feb 17, 2016
    Show notes

    Sometimes federalism is invoked because we believe the best way to preserve freedom is to devolve to the local level. With the federal government’s reach extending into more facets of daily life like education policy, labor & employment policies, and healthcare, calls for state and local governments to stand against Washington are increasing. Yet at times, local government can serve as an even greater restraint on individual rights. From regulations governing entrepreneurship and the sharing economy, the minimum wage, asset forfeiture, and policing, state and local government at times may intrude on individual freedom even more than the federal government. State initiatives on “right to try” (now law in 24 states) and marijuana regulation also lead to federalism questions, putting conservatives and libertarians at odds. How do we strike the proper federalism balance? How should principles of federalism inform the federal government’s response to state initiatives? -- This panel was part of the 2016 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 30, 2016. -- Featuring: Mr. Adam Freedman, Author, A Less Perfect Union and The Naked Constitution; Ms. Christina Sandefur, Executive Vice President, The Goldwater Institute; and Prof. Adam Winkler, Professor of Law, UCLA School of Law. Moderator: Hon. Sandra Segal Ikuta, U.S. Court of Appeals, 9th Circuit. Introduction: Mr. Stephen M. Duvernay, Benbrook Law Group.


    Attorney General Scott Pruitt's Opening Address at the 2016 Annual Western Chapters Conference 1-30-2016 Feb 17, 2016
    Show notes

    James Madison wrote that our system of federalism provides “a double security…to the rights of the people.” In other words, the 50 states serve as shields for individual rights that the federal government fails to protect. States can harness these tools to protect important rights. The intro will set the stage for the day’s theme, building on the Founders’ concept of federalism, tying it to Reagan’s ascendancy and the framework of the Reagan Revolution, and touching on the concepts of states’ powers. -- This address was part of the 2016 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 30, 2016. -- Featuring: Hon. Scott Pruitt, Attorney General, Oklahoma.
    Introduction: Mr. Eugene B. Meyer, President, The Federalist Society.


    Judicial Activism and the Nevada Judiciary: A National Perspective 1-28-2016 Feb 05, 2016
    Show notes

    Mark Behrens, co-chair of the Washington, DC-based Public Policy Group of Shook, Hardy & Bacon L.L.P., will discuss Nevada’s poor ranking in a recent U.S. Chamber Institute for Legal Reform survey of the fairness of state legal climates. He will also discuss the comments on Nevada courts included in the American Tort Reform Foundation’s annual Judicial Hellholes report, along with a recent point of light from the Nevada Supreme Court. Mr. Behrens will discuss Nevada’s efforts for judicial reform together with strategies Nevada lawyers may use to promote a fair and restrained judiciary. -- Assemblyman Erv Nelson is a partner at the Las Vegas firm of Cram Valdez Brigman & Nelson and Vice-Chairman of the Judiciary Committee of the Nevada State Assembly. In his role as a legislator, he was deeply involved in efforts to enact Judicial Reform legislation in Nevada. Mr. Nelson will discuss Nevada’s efforts to affect Judicial Reform, including legislation that may be proposed in the future. -- The Las Vegas Lawyers Chapter hosted this event on January 28, 2016. --
    Speakers: Mr. Mark Behrens, Co-chair, Shook, Hardy & Bacon LLP and Hon. Erven T. Nelson, Nevada Assemblyman. Introduction: Mr. Matthew Saltzman, Shareholder, Kolesar & Leatham.


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