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FedSoc Forums — Business
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.

Latest Episodes:

Courthouse Steps Decision: New York State Rifle & Pistol Association Inc. v. Bruen Jun 27, 2022

Show notes

On June 23, 2022, the Supreme Court decided New York State Rifle & Pistol Association Inc. v. Bruen. In a 6-3 decision, the Court struck down New York’s handgun licensing law that required New Yorkers to demonstrate a “proper cause” in order to be granted a license to carry a pistol or revolver in public. The petitioners, Brandon Koch and Robert Nash, were denied licenses to carry a firearm in public after listing their generalized interest in self-defense as the reason for seeking the license. New York denied their license application because a generalized interest in self-defense failed to satisfy the state’s proper cause requirement. Both men sued, claiming that New York had violated their Second Amendment and Fourteenth Amendment rights in doing so. A district court dismissed their claims, and the U.S. Court of Appeals for the Second Circuit affirmed.
Justice Thomas delivered the opinion of the Court, in the first major case on firearms regulation that the Court has considered in over a decade.
Please join our legal expert to discuss the case, the legal issues involved, and the implications for the future of firearm regulation in America.
Featuring:
--Prof. Mark W. Smith, Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology, University of Oxford; Presidential Scholar and Senior Fellow in Law and Public Policy, The King’s College; Distinguished Scholar and Senior Fellow of Law and Public Policy, Ave Maria School of Law

Due Process Protections in Agency Enforcement Actions Jun 13, 2022

Show notes

In February of 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due process rights of those who were the subject of DOT enforcement actions, including a requirement that the agency disclose all exculpatory evidence to those targeted by civil enforcement and the prohibition of “fishing expedition” investigations without sufficient evidence to support a violation.
On April 2, 2021, DOT rescinded these rules without the opportunity for public comment. Thereafter Polyweave Packaging inc., a company that had been issued a civil penalty order by DOT over alleged regulatory violations, filed suit against DOT claiming the agency violated its due process rights by revoking the Bradbury Memo rules.
The U.S. District Court for the Western District of Kentucky ruled in favor of DOT, the case has been appealed to the Sixth Circuit Court of Appeals and oral arguments were on May 5, 2022.
Please join this litigation update of Polyweave Packaging v. Buttigieg as our experts discuss the case, the legal issues involved, and the implications for administrative rulemaking and due process.
Featuring:
--Hon. Steven Bradbury, Attorney; Former General Counsel, Department of Transportation
--Sheng Li, Litigation Counsel, New Civil Liberties Alliance
--Moderator: Hon. Beth Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; former Assistant Attorney General, U.S. Department of Justice

The Future of Universal Service After the Infrastructure Act Jun 07, 2022

Show notes

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act which commits approximately $65 billion towards broadband expansion. Wisely, Section 60104(c) of the Act directs the Federal Communications Commission to submit to Congress “a report on the options of the Commission for improving its effectiveness in achieving the universal service goals for broadband in light of this Act” within 270 days of enactment. Congress also invited the Commission to make “recommendations … on further actions the Commission and Congress could take to improve the ability of the Commission to achieve the universal service goals for broadband.” Last December, the FCC launched a Notice of Inquiry to begin this process. Please join us for a teleforum with industry experts to discuss the legal, economic and policy implications of this important proceeding.
Featuring:
--Patrick Halley, SVP, Policy & Advocacy and General Counsel, USTelecom
--Alexander Minard, Vice President & State Legislative Counsel, NCTA
--Angie Kronenberg, Chief Advocate and General Counsel, INCOMPAS
--Dr. George S. Ford, Chief Economist, Phoenix Center for Advanced Legal & Economic Public Policy Studies
--Moderator: Lawrence J. Spiwak, President, Phoenix Center for Advanced Legal & Economic Public Policy Studies

Crypto Wars: Balancing Privacy versus National Security Jun 07, 2022

Show notes

Senior officials in the Administration have expressed concern about cryptocurrencies being used for criminal activity and undermining the dollar as the global reserve currency. These concerns have been heightened with the Russian invasion of Ukraine, evasion of sanctions including North Korean sanctions, cyberattacks, and ransomware. Others contend that blockchain transactions are easier to trace than physical cash, and that the Administration’s concerns are exaggerated and could stifle innovation. China has banned cryptocurrencies and developed its own central bank digital currency (CBDC). It appears that the digital yuan will be used by the Chinese government for surveillance purposes to closely monitor personal transactions and behavior. A number of other regimes, including Canada, have used the banking and monetary system to silence dissidents. Some say that dissidents and citizens in countries that have unstable fiat currencies have turned to bitcoin and other cryptocurrencies to escape the national currency and protect their rights; other say cryptocurrencies are used by criminals and terrorists.
This very timely panel will discuss whether the US can develop policies on digital assets that both protect freedom and privacy and maintain our safety from bad actors, and what the trade-offs with the dollar’s international role might be.
Featuring:
--Hon. Mick Mulvaney, Co-Chair, Actum LLC; Former Director, Office of Management and Budget
--Hon. Kathy Kraninger, Vice President of Regulatory Affairs, Solidus Labs; Former Director, Consumer Financial Protection Bureau
--Michele Korver, Head of Regulatory, a16z Crypto
--Norbert Michel, Vice President and Director, Center for Monetary and Financial Alternatives, Cato Institute
--Moderator: Dina Ellis Rochkind, Counsel, Government Affairs and Strategy, Paul Hastings

Courthouse Steps Decision Webinar: Morgan v. Sundance Jun 01, 2022

Show notes

On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance. In a rare 9-0 decision, the Court vacated and remanded the judgment of the U.S. Court of the Appeals for the Eighth Circuit, holding that federal courts may not adopt an arbitration-specific rule conditioning a finding of waiver of the right to arbitrate on a showing of prejudice to the other party. Though this had been a relatively common analysis, the Court rejected it, cabining any concept that there is a “policy favoring arbitration.” The Court reinterpreted that to mean only that federal courts may not invent special, arbitration-preferring procedural rules. “[A] court must hold a party to its arbitration contract just as the court would to any other kind.” The Court went on to say that “a court may not devise novel rules to favor arbitration over litigation.” But the Court also left open the role of state law and what rules can apply, including waiver, forfeiture, estoppel, laches, or procedural timeliness.
Justice Kagan delivered the opinion of the Court.
Please join our legal experts to discuss the case, the legal issues involved, and the implications for these parties and other litigation parties going forward.
Featuring:
Erika Birg, Partner, Nelson Mullins Riley & Scarborough LLP
Richard D. Faulkner, FCIArb., Arbitrator, Attorney & Former Professor of ADR Law

Issue Update: Critical Race Theory Legislation Across the States Jun 01, 2022

Show notes

This webinar will explore issues raised by the raft of state and federal initiatives on Critical Race Theory and related topics. Issues will include the scope of state authority over the content of education, with special attention to differences between K-12 and public universities. Varying features of state-level CRT bills will be discussed, as well as the characterization of their content from supporters and detractors.
On the state level, state education standards, "book banning", and legislation pertaining to curriculum transparency, “action civics,” and “diversity statements” will be discussed. Moves to control educational content at the federal level through grantmaking will also be covered.
Featuring:
--Stanley Kurtz, Senior Fellow, Ethics and Public Policy Center

Courthouse Steps: Cummings v. Premier Rehab Keller May 31, 2022

Show notes

On April 28, 2022, The U.S. Supreme Court decided Cummings v. Premier Rehab Keller. The case involved the availability of emotional damages for discrimination on the basis of disability and, more generally, the scope of recoverable damages for private actions under Spending Clause statutes. After the respondent, Premier Rehab, declined to provide a sign language interpreter at Jane Cummings’ physical therapy sessions, Cummings sued the provider in federal court. Cummings claimed disability discrimination in violation of the Rehabilitation Act of 1973 and the Affordable Care Act. A trial court found that the only injuries allegedly caused by Premier were emotional in nature and dismissed the complaint, ruling that emotional damages are not recoverable under either statute. The Fifth Circuit affirmed.
In a 6-3 decision, the Court held that emotional damages are not recoverable in a private action under either the Rehabilitation Act of 1973 or the Affordable Care Act. The majority opinion was penned by Chief Justice Roberts. Justice Breyer wrote a dissenting opinion, joined by Justices Kagan and Sotomayor.
Please join our legal expert to discuss the case, the legal issues involved, and the implications for disabilities law going forward.
Featuring:
--Curt Levey, President, Committee for Justice

Due Process Protections in Agency Enforcement Actions May 31, 2022

Show notes

In February of 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due process rights of those who were the subject of DOT enforcement actions, including a requirement that the agency disclose all exculpatory evidence to those targeted by civil enforcement and the prohibition of “fishing expedition” investigations without sufficient evidence to support a violation.
On April 2, 2021, DOT rescinded these rules without the opportunity for public comment. Thereafter Polyweave Packaging inc., a company that had been issued a civil penalty order by DOT over alleged regulatory violations, filed suit against DOT claiming the agency violated its due process rights by revoking the Bradbury Memo rules.
The U.S. District Court for the Western District of Kentucky ruled in favor of DOT, the case has been appealed to the Sixth Circuit Court of Appeals and oral arguments were on May 5, 2022.
Please join this litigation update of Polyweave Packaging v. Buttigieg as our experts discuss the case, the legal issues involved, and the implications for administrative rulemaking and due process.
Featuring:
Hon. Steven Bradbury, Attorney; Former General Counsel, Department of Transportation
Sheng Li, Litigation Counsel, New Civil Liberties Alliance
Moderator: Hon. Beth Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; former Assistant Attorney General, U.S. Department of Justice
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To register, click the link above

From Russia Without Love: U.S. Energy Policy, Environmental Goals, Foreign Wars, and the Administrative State May 26, 2022

Show notes

The United States is – perhaps now more than ever before – a global energy powerhouse. From oil and gas production to the expansion of new energy technologies, the United States has made gains in achieving long-heralded calls for energy independence and energy security, while also reducing environmental impacts associated with energy production, generation, transportation, and use. Many are calling for even more accelerated environmental progress, particularly on the climate front. While rapidly changing geopolitical dynamics – in Europe and elsewhere – are placing the United States’ energy sector and its capabilities to meet global energy needs at the forefront, a host of federal and state environmental regulatory regimes continue to pose substantial hurdles to energy-related goals and priorities. Energy pipelines, export facilities, oil and gas production, mining projects, transmission systems, and a host of other energy projects must navigate a labyrinth of regulatory reviews and approvals – from NEPA to the Clean Water Act to the Endangered Species Act and beyond. This panel of distinguished legal and policy experts will debate the goals and priorities of U.S. energy and environmental policy, administrative law dynamics affecting the energy sector, the role of climate policy and energy technologies, and the implications of these factors for our Nation’s national security in light of the war in Ukraine and other recent geopolitical events.
Featuring:
--Tristan Abbey, President of Comarus Analytics LLC
--Eric Grant, Partner, Hicks Thomas LLP
--Julia Olson, Executive Director at Our Children's Trust; Chief Legal Counsel for plaintiffs in Juliana v. U.S.
--Moderator: Hon. Ryan Nelson, Judge, United States Court of Appeals, Ninth Circuit

College Admissions: Fair or Fixed? May 26, 2022

Show notes

As the Supreme Court prepares to hear two cases this fall that challenge race preferential admissions policies at Harvard University and the University of North Carolina, questions have arisen about how colleges typically use race preferences and whether such use is fair and lawful. This webinar will address how and when race is commonly used in college admissions, whether colleges and universities are generally following the existing law, and what if any safeguards colleges use to ensure that line admissions officers use race to further only legally permissible goals. The panelists will also discuss what some find the surprising fact that Asian American applicants are more likely to be displaced by race-preferential admissions than white students and whether this practice is fair. Finally, the presenters may also address the fairness of other non-academic factors widely used in admissions, such as preferences for legacies, recruited athletes, or the children of large donors.
Featuring:
Art Coleman, Managing Partner and Co-Founder, EducationCounsel
Cory Liu, Partner, Ashcroft Law Firm
Moderator: Alison Somin, Legal Fellow, Center for the Separation of Powers, Pacific Legal Foundation
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To register, click the link above.

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