FedSoc Forums - TopPodcast.com

View Top 200 Chart

Back to Rankings Page

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 Oral Argument: West Virginia v. EPA Mar 01, 2022

Show notes

On February 28, 2022, the U.S. Supreme Court will hear West Virginia v. EPA, one of the most anticipated environmental law cases on the Court’s docket in recent years. By way of background, in 2015, EPA issued the “Clean Power Plan.” Using the Agency’s authority under Clean Air Act Section 111(d), and styled as a rule to control greenhouse gas emissions from existing coal- and gas-fired power plants, the Clean Power Plan would have required states to shift their electric generation mix away from fossil fuels towards renewables, employing a “cap and trade” credit scheme.
The Supreme Court stayed the Clean Power Plan in 2016, and in 2019 the Trump Administration rescinded it and replaced it with the Affordable Clean Energy rule, concluding that the Clean Power Plan’s design was unambiguously beyond the limits of the Agency’s authority under Section 111. In 2021, and over a dissent from Judge Walker, the D.C. Circuit disagreed. And in American Lung Association v. EPA (985 F.3d 914), the D.C. Circuit vacated the Clean Power Plan repeal and Affordable Clean Energy rule, staying the vacatur indefinitely pending further rulemaking because EPA, under the current administration, has declared it will not enforce either rule.
The issue before the Court in West Virginia v. EPA is whether, when designing rules under Section 111, EPA is limited to identifying “systems of emission reduction” that can be applied to and at the level of an individually regulated facility, or whether there are no limits to EPA’s authority other than the textual commands to consider cost, nonair quality health and environmental impacts, and energy requirements. Federal respondents argue the case is moot and should be dismissed as improvidently granted.
This teleforum will discuss the legal issues involved, questions from the bench, and anticipate where the law could be headed. A broader discussion on West Virginia v. EPA, with additional speakers and analysis, will be provided after the Court renders its decision.
For accompanying document, click here
Featuring:
Speaker: Justin Schwab, Founder, CGCN Law; former Deputy General Counsel, EPA.
Moderator: Garrett Kral, Associate Member of the Environmental Law & Property Rights Practice Group’s Executive Committee; former Special Advisor for Oversight, EPA.

Courthouse Steps Decision: Unicolors, Inc v. H&M Hennes & Mauritz, LP Mar 01, 2022

Show notes

Join us virtually to hear a discussion on the Supreme Court's recent decision in Unicolors, Inc v. H&M Hennes & Mauritz, LP.
Featuring:
Zvi Rosen, Assistant Professor at SIU Law, and was a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law. He has previously taught at University of New Hampshire School of Law as an adjunct professor and New York Law School as an adjunct assistant professor.

Freedom of Thought on Campus: Discussion and Debate at Georgetown Feb 24, 2022

Show notes

Is open discussion and debate essential to the function of the university?
Many universities, including Georgetown, have adopted strong policies on academic freedom, affirming that deliberation or debate may not be suppressed because ideas put forth might be offensive, unwise, immoral or ill conceived.
But when controversy arises on campus, concrete complaints about offensive speech can displace these abstract principles of academic freedom.
What does an environment conducive to learning require? What kinds of limits should govern the ideas that students are exposed to by their teachers and classmates? Should students be exposed to ideas or opinions that are offensive? Should students have recourse to administrative action when faced with an offensive opinion? What kind of harm does offense entail?
On the other hand, when administrators step in to punish offending speech, does that decision come with consequences? And who bears the resulting harm attendant on limiting who can speak or what opinions can be expressed? Who measures what kind of opinions or statements are harmful or not?
Featuring:
Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Prof. Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law
Moderator: Hon. Stephanos Bibas, Judge, United States Court of Appeals for the Third Circuit
---
To register, click the link above.

Litigation Update: Merrill v. Milligan Feb 24, 2022

Show notes

On February 7, 2022, the Supreme Court noted probable jurisdiction and granted certiorari before judgment in a case involving Alabama's new congressional district map. It also granted a stay allowing the map to go into effect for Alabama's upcoming primary elections. The Alabama State Conference of the NAACP and others had challenged the map adopted by the Alabama State legislature before a three-judge federal district court panel. They argued that the state's redistricting plan dilutes minority votes in violation of Section 2 of the Voting Rights Act. The district court, agreeing with the plaintiffs, enjoined Alabama from implementing the legislature's map and gave the state legislature 14 days to implement a remedial redistricting plan that "include[s] two districts in which Black voters either comprise a voting-age majority or something quite close to it"--or the court would itself retain an expert to draw, on an expedited basis, a congressional map compliant with federal law for purposes of the 2022 congressional elections.
By a 5-4 vote, the Supreme Court stayed that order.
Many commentators have weighed in, some critiquing the Court's order, others dissecting the vote breakdown and still others considering possible implications. Professor Michael T. Morley of FSU College of Law joins us for a litigation update to discuss the issues.
Featuring:
Professor Michael T. Morley, Assistant Professor of Law, Florida State University College of Law
---
To register, click the link above.

Cert Petition Litigation Update: United States v. Tuggle and the Meaning of “Search” Feb 22, 2022

Show notes

An exciting petition for certiorari pending before the U.S. Supreme Court, United States v. Tuggle presents the question "Whether long-term, continuous, and surreptitious video surveillance of a home and its curtilage constitutes a search under the Fourth Amendment." The central question deals with the meaning of the word "search." Under Katz v. U.S., the reasonable expectation of privacy test defines a "search." Many argue Katz is incorrect. Instead, the Court should interpret search to have its ordinary public meaning--a purposeful, investigative act. Please join our speakers in a discussion about United States v. Tuggle, the Fourth Amendment, textualism, the meaning of the word "search," and importantly, whether the Court should grant cert in this case.
Featuring:
Professor Orin Kerr, William G. Simon Professor of Law at UC Berkeley School of Law
Josh Windham, attorney at the Institute for Justice
Moderator: Adam Griffin, Law Clerk, U.S. District Courts; former Constitutional Law Fellow, Institute for Justice

A Seat at the Sitting - February 2022 Feb 17, 2022

Show notes

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. Issues presented in the next sitting include the regulatory authority of the Environmental Protection Agency, the Controlled Substances Act, states rights, and Indian law.
Ysleta del Sur Pueblo v. Texas (Feb. 22) Indian tribes and state law
Denezpi v. United States (Feb. 22) Indian law
Arizona v. San Francisco (Feb. 23) states’ rights
West Virginia v. EPA (Feb. 28) regulatory authority of the EPA under the Clean Air Act
North American Coal Corp. v. EPA (Feb. 28) regulatory authority of the EPA
Westmoreland Mining Holdings LLC v. EPA (Feb. 28) regulatory authority of the EPA
North Dakota v. EPA (Feb. 28) regulatory authority under the EPA
Ruan v. United States (March 1) defenses under the Controlled Substances Act
Kahn v. United States (March 1) defenses under the Controlled Substances Act
Marietta Memorial Hospital v. Davita Inc. (March 1) – Medicare Secondary Payer Act
Egbert v. Boule (March 2) – Bivens, Fourth Amendment
Featuring:
Anthony J. "A.J." Ferate, Of Counsel, Spencer Fane LLP
Elizabeth Murrill, Solicitor General, Louisiana
Robert V. Percival, Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Kenji Price, Partner, McDermott Will & Emery
Jeff Beelaert, Partner, Stein Mitchell Beato & Missner LLP
Moderator, Adam Liptak, Supreme Court Correspondent, The New York Times
---
This event has concluded. Watch above or on our YouTube page.

Foreign Sovereign and International Organization Immunity in U.S. Courts: Recent Developments and the Way Forward Feb 14, 2022

Show notes

The Foreign Sovereign Immunities Act and its lesser-known sibling, the International Organizations Immunities Act, enacted in 1945, codify the immunities afforded to foreign states and certain international organizations in U.S. courts. Sovereign and international organization immunity stand at the nexus of international affairs, policy, and the law. This program will concentrate on developments in this dynamic area of the law, particularly in light of the recent Supreme Court case, JAM v. IFC. The panel features prominent legal practitioners who have litigated these issues and served as directors of international organizations.
Featuring:
--Rick Herz, Senior Litigation Attorney, EarthRights International
--Eliot Pedrosa, Partner, Jones Day
--Moderator: Harout Samra, Counsel, DLA Piper

The Biden Administration on Policing: What's the Verdict? Feb 10, 2022

Show notes

Rising homicide rates, challenges in fully staffing police departments, and a shortfall in trust between some communities and law enforcement agencies have focused attention on whether and how the federal government should respond. This session will examine the Biden administration’s record on policing during its first year in office and, most importantly, the path forward. In light of stalled congressional talks on policing legislation and constitutional limits on federal power in this traditionally local area, what can and should the administration do in areas such as pattern and practice investigations, use of force, certification and de-certification, training, and qualified immunity?
Featuring:
Andrew McCarthy, Senior Fellow, National Review Institute and Former U.S. Attorney
Renee Mitchell, Co-Founder, American Society of Evidence-Based Policing and Senior Police Researcher, RTI International
Marc Levin, Council on Criminal Justice, Moderator

The (Mis)Use of Anti-Suit Injunctions in International IP Litigation: Can foreign courts enjoin enforcement of US patent rights? Feb 08, 2022

Show notes

The propriety of anti-suit injunctions—that is, orders issued in one jurisdiction prohibiting a party from initiating or continuing litigation in another jurisdiction—has recently become a hot topic in international IP disputes. Chinese courts involved in these disputes are a primary reason why: the Shenzhen People’s Court has recently blocked litigants from enforcing their patent rights in other countries, including the United States. During this panel, we will discuss the use of anti-suit injunctions in international IP litigation, including the panelists’ views on recent anti-suit injunction cases and the future viability of this very powerful tool.
Featuring:
--Steve Akerley, Head of Litigation, Interdigital
--Prof. Ann Bartow, University of New Hampshire Franklin Pierce School of Law
--Judge Paul Michel, U.S. Court of Appeals for the Federal Circuit (ret.)
--Moderator: Eliza Beeney, Associate, McKool Smith PC

Who Runs the FDIC in a New Administration? Feb 04, 2022

Show notes

The FDIC board of directors has been convulsed by the widely publicized dispute over who controls the agenda for FDIC board meetings -- the Board chair or a majority of its members. Currently, the FDIC Board has four members -- Chairperson Jelena McWilliams, Director (and former Chairman) Martin Gruenberg, and serving as ex-officio members, Michael Hsu (Acting Comptroller of the Currency) and Rohit Chopra, Director of the Consumer Financial Protection Bureau; there is one vacancy, that of Vice Chairman.
Director Gruenberg and the two ex-officio directors, both Biden appointees, moved to take control of the board agenda, specifically with regard to bank merger policies, which led McWilliams, a Trump appointee, to resign as chairman, effective February 4. Gruenberg may likely become the acting chairman of what will be, for the time being, a three-member board.
The dispute between McWilliams and the other three directors has raised several issues not just for the FDIC but for other agencies governed by boards, such as the Federal Reserve, the SEC, the NCUA, the CFTC. The FDIC is unique, though, with two directors serving at the pleasure of the President, and who head their own agencies without colleagues who have a vote on their actions.
The webinar panelists will discuss the implications of the turmoil at the FDIC and what it may mean for not just the FDIC but also for the boards of other independent regulatory agencies.
Featuring:
Thomas Vartanian, Executive Director, The Financial Tech and Cybersecurity Center
Michael Krimminger, Senior Counsel, Cleary Gotlieb
Bert Ely, Principal, Ely & Company, Inc.
Moderator: Brian Johnson, Partner, Alston & Bird
---
To register, click the link above.

Related Podcasts