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    FedSoc Forums

    *This series was formerly known as Teleforums.

    FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as:

    • Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decision
    • A Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sitting
    • Litigation Update: A series that provides the latest updates in important ongoing cases from all levels of government

    The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

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    Latest Episodes:
    A Seat at the Sitting - November 2023 Oct 30, 2023
    Show notes

    Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below.
    Culley v. Marshall (October 30) - Due Process; What test should district courts apply to determine whether a state or local government must provide a hearing to someone who has had property seized under a civil asset forfeiture law?
    Lindke v. Freed (October 31) - Civil Rights, First Amendment; Whether a public official’s social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.
    O’Connor-Ratcliff v. Garnier (October 31) - Civil Rights, First Amendment; Are public officials acting as government officials, so that they can violate the First Amendment, when they block people on their personal social media accounts that they use to communicate with the public?
    Vidal v. Elster (November 1) - First Amendment, Intellectual Property; Does Section 2(c) of the Lanham Act, which bars the registration of a trademark which uses the name of another living person without that person’s permission, violate the Constitution when used to reject a trademark that contains criticism of a government official or public figure?
    Department of Agriculture Rural Development Rural Housing Service v. Kirtz (November 6) - Fair Credit Reporting Act, Sovereign Immunity; Whether the civil-liability provisions of the Fair Credit Reporting Act clearly waive the sovereign immunity of the United States.
    United States v. Rahimi (November 7) - Second Amendment; Whether a federal ban on the possession of guns by individuals who are subject to domestic violence restraining orders violates the Second Amendment.
    Rudisill v. McDonough (November 8) - GI Bill; Whether a veteran who has served two separate periods of qualifying service under the Montgomery GI Bill and the Post-9/11 GI Bill is entitled to receive a total of 48 months of education benefits as between both programs.
    Featuring:
    Braden Boucek, Director of Litigation, Southeastern Legal Foundation
    Prof. Christa Laser, Professor, Cleveland State University of Law
    Gary Lawkowski, Counsel, Dhillon Law Group
    Amy Swearer, Senior Legal Policy Analyst, Meese Center for Legal and Judicial Studies, The Heritage Foundation
    Moderator: Laura Stanley, Judicial Law Clerk, US Court of Appeals, Ninth Circuit


    Pakistan at a Crossroads: Ports, Courts, and Power Games Oct 27, 2023
    Show notes

    Pakistan finds itself in yet another multi-faceted crisis. In response to numerous economic challenges, including the worst inflation in Asia and the risk of default, the government is scrambling to raise funds. But the country's socio-political entities are paralyzed amidst a high-stakes tussle between former Prime Minister Imran Khan and the powerful security establishment--one that has drawn international scrutiny about Pakistan's judicial processes and the health of democratic institutions. These domestic concerns cannot be separated from Pakistani leaders' strategic balancing between the United States and China. This panel explored these and other related issues.
    Featuring:
    Sahar Khan, Research Fellow, CATO
    Michael Kugelman, Director, South Asia Institute, Wilson Center
    Moderator: Nitin Nainani, Student Liaison, International & National Security Law Practice Group


    Courthouse Steps Preview: Culley v. Marshall Oct 26, 2023
    Show notes

    Which Test is it Anyway? Civil Asset Forfeiture and the Right to a Prompt Post-Seizure Hearing at the High Court.
    The Court will hear argument on Monday, October 30, 2023, in Culley v. Marshall. Petitioners Halima Culley and Lena Sutton contend police seized their vehicles and held those vehicles for more than a year without judicial oversight. The Respondents assert that those vehicles were seized because they were being used to traffic narcotics and then Petitioners sat on their rights. Ultimately, the state court denied the Petitioners a post-seizure hearing based on the Sixth Amendment speedy-trial test of Barker v. Wingo, 407 U.S. 514 (1972). The Petitioners contend the court employed the wrong test and they should have received a prompt post-seizure hearing under the Due Process Clause.
    Accordingly, the Question Presented in the case is: “In determining whether the Due Process Clause requires a state or local government to provide a post seizure probable cause hearing prior to a statutory judicial forfeiture proceeding and, if so, when such a hearing must take place, should district courts apply the “speedy trial” test employed in United States v. $8,850, 461 U.S. 555 (1983), and Barker v. Wingo, 407 U.S. 514 (1972), as held by the Eleventh Circuit or the three-part due process analysis set forth in Mathews v. Eldridge, 424 U.S. 319 (1976), as held by at least the Second, Fifth, Seventh, and Ninth Circuits.”
    Stef Cassella, CEO of Asset Forfeiture Law, LLC, and Robert Johnson, Senior Attorney at the Institute for Justice, joined us for an an exciting preview of the oral argument in Culley. The discussion was moderated by Adam Griffin, Constitutional Litigation Fellow at Pacific Legal Foundation.
    Featuring:
    Stefan Cassella, CEO, Asset Forfeitrure Law, LLC
    Robert Johnson, Senior Attorney, Institute for Justice
    Moderator: Adam Griffin, Constitutional Litigation Fellow, Pacific Legal Foundation


    Courts as Police, Legislators, and “Homeless Policy Czars”? What are the Implications of Grants Pass on Local Policing and Public Safety? Oct 19, 2023
    Show notes

    Communities across the country are grappling with the complex issues presented by growing homeless encampments that have filled parks, blocked building entrances, and overrun sidewalks. Some observe that their ability to find effective, compassionate solutions have been impacted by the Ninth Circuit opinion in the City of Grants Pass v. Johnson, et al., holding that laws regulating camping on public property constitute “cruel and unusual punishment.”
    In a lengthy series of opinions about these purported new rights of the homeless, the Ninth Circuit denied rehearing en banc, setting up a showdown in the Supreme Court where cities, law enforcement, disability rights advocates, property owners, and homeless advocates are looking for a final resolution to the important balance of Constitutional rights and Separation of Powers concerns.
    Featuring:
    William R. Maurer, Managing Attorney of the Washington Office, Institute for Justice
    McGregor W. Scott, Partner, King & Spalding LLP
    John F. Bash, III, Partner, Quinn Emanuel
    [Moderator] Antoinette T. Bacon, US Attorney's Office, Southern District of Florida


    Talks with Authors: What It Means to Be Human Oct 13, 2023
    Show notes

    In What It Means to Be Human - The Case for the Body in Public Bioethics Prof. O. Carter Snead investigates the tension between the natural limits of the human body and the political philosophy of autonomy, and the legal and policy challenges that arise when those two conflict. He proposes a new paradigm of how to understand being human and applies it to complex issues of bioethics, laying out a framework of embodiment and dependence.
    Join us for a special 90-minute webinar conversation with Prof. Snead moderated by Prof. William Saunders on “What it Means to Be Human” -both philosophically and practically.
    Featuring:
    Prof. O. Carter Snead, Professor of Law, Director, de Nicola Center for Ethics and Culture, & Concurrent Professor of Political Science, University of Notre Dame Law School
    [Moderator] Prof. William L. Saunders, Professor - Human Rights, Religious Liberty, Bioethics, Catholic University of America


    Loper Bright and the Next Steps for Chevron Deference at the Supreme Court Oct 11, 2023
    Show notes

    This Term, the Supreme Court will hear Loper Bright Enterprises v. Raimondo—a case concerning judicial deference to agency interpretations of ambiguous statutes. Pursuant to Chevron v. NRDC and follow-on cases, courts defer to agency interpretations of ambiguous statutes. Loper Bright offers the Court an opportunity to abandon Chevron deference entirely. But the phrasing of the Question presented in Loper Bright also presents an off-ramp for the Court, allowing it to keep Chevron’s framework intact. How the Court resolves Loper Bright will have massive implications for administrative law. On this panel, three distinguished administrative law scholars discuss the task before the Court in Loper Bright and the future of Chevron deference.
    Featuring:
    Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School
    Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School
    Prof. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law, Arizona State University
    (Moderator) Eli Nachmany, Former Law Clerk to Hon. Steven J. Menashi, U.S. Court of Appeals for the Second Circuit


    The Economic Power Play: Examining China's Coercive Tactics Oct 11, 2023
    Show notes

    In recent months, there has been a notable escalation in China’s economic coercion of various countries and private companies, prompting a pressing need for a deeper examination of this phenomenon and China’s global strategy. Our panel will delve into the repercussions of actions taken by China in multilateral institutions and its use of debt-trap diplomacy, examining their effects on international relations and trade dynamics. The discussion will also shed light on how the United States and its like-minded partners can effectively deter China's coercive tactics, paving the way for a more stable and secure global landscape. Ivan Kanapathy, Senior Fellow at the Center for Strategic International Studies, and DJ Nordquist, Former US Executive Director of the World Bank joined us to discuss these issues and more.
    Featuring:
    Ivan Kanapathy, Former Deputy Senior Director, National Security Council; Senior Associate (Non-resident), Center for Strategic International Studies; Adjunct Professor, Georgetown University School of Foreign Service
    DJ Nordquist, Former US Executive Director, World Bank
    Moderator: Daniel B. Pickard, Chair, International Trade & National Security Practice Group, Buchanan Ingersoll & Rooney


    Litigation Update: FCA v San Jose Unified School Dist. Oct 05, 2023
    Show notes

    Fellowship of Christian Athletes v. San Jose Unified School District concerned a Christian student club's ability to meet on campuses in the San Jose School District. Fellowship of Christian Athletes (FCA) clubs had served students in the San Jose High Schools for over a decade, until 2019 when, following a teacher's complaints about the clubs' requirement that student leaders affirm their faith, the school district revoked the clubs' status as associated student bodies and kicked them off campus. FCA brought suit, and the district court sided with the school district. In 2022 the 9th Circuit reversed the district Court's decision, and upon the district's appeal to rehear the case en banc. reaffirmed that decision in September 2023, declaring that the district could not discriminate against the FCA clubs based on their religious leadership standards under the First Amendment and the Equal Access Act.
    Join us for a litigation update on this important case with Daniel Blomberg, vice president and senior counsel at Becket Fund for Religious Liberty which represented the FCA in this case.
    Featuring:
    Daniel Blomberg, Vice President and Senior Counsel, The Becket Fund For Religious Liberty
    (Moderator) Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity


    Will Congress Create a Statutory Framework for Digital Asset Regulation? Oct 05, 2023
    Show notes

    Will the 118th Congress succeed in creating a statutory framework for effective regulation of cryptocurrencies? House Financial Services Committee Chairman Patrick McHenry and our expert panel discussed the status of this complex legislative issue, the competition among regulators and potential division of regulatory jurisdiction, the differences between stablecoins and other cryptocurrencies, federal vs. state regulation, what financial reports and other disclosures should be required, and what key decisions must be made.
    Featuring:
    --Hon. Patrick McHenry, United States Representative, NC-10
    --Brian P. Brooks, Managing Partner, Valor Capital Group; Former Acting Comptroller of the Currency
    --Patrick D. Daugherty, Partner, Foley & Lardner; Adjunct Professor, Cornell Law School
    --Gary Kalbaugh, Deputy General Counsel, ING Americas; Special Professor of Law, Hofstra University
    --Paul Watkins, Managing Partner, Fusion Law, PLLC
    --[Moderator] J.C. Boggs, Partner, King & Spalding


    Talks with Authors: The Soul of Civility Oct 05, 2023
    Show notes

    In her new book, The Soul of Civility: Timeless Principles to Heal Society and Ourselves, Alexandra Hudson explores the question – how can a reinvigorated dedication to civility help our nation come together despite deep and growing differences? She argues that our difficulties in this arena are not new; luckily, the solutions aren’t either. Drawing wisdom from a host of ancient philosophers and influential thinkers, Hudson encourages Americans to turn inward and commit themselves to live tolerantly. She contends that our Republic depends on it.
    Please join us as Alexandra Hudson sits down with The Federalist Society’s Senior Vice President and General Counsel, Dean Reuter, to discuss The Soul of Civility.


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