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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:
    Virtual Currencies and the Rule of Law Feb 08, 2021
    Show notes

    During the last weeks of the Trump Administration’s Treasury Department, the Financial Crimes Enforcement Network (FinCen) unveiled a rule that received more comments than any other proposal in FinCen’s history. Over seven thousand commentors weighed in, despite only a 15-day comment-period stretching over the Christmas and New Year’s Day holidays. The proposed rule would impose certain Bank Secrecy Act reporting requirements on unhosted virtual currency wallets. (An unhosted wallet is the digital equivalent of a physical wallet, whereas a hosted wallet is the equivalent of a brokerage account.) Opponents argued that the proposed rule violated privacy rights, was ineffective, inhibited innovation, and violated the Administrative Procedures Act. Proponents asserted the proposed rule and its abbreviated review period were necessary to limit money laundering, and other illicit activity.
    This disagreement represented a shift in positioning between the virtual currency industry and the regulators. Previously, many virtual currency adherents had argued its unique characteristics made standard regulations inapplicable. Regulators generally disagreed, imposing traditional financial regulatory frameworks such as the Howey-test, know-your-customer, and money transmitter requirements. Now virtual currency advocates claimed they were being singled out unfairly, and instead should be treated as their equivalents in the traditional financial system. Regulators argued that the unique characteristics of virtual currency justified a more stringent approach. This debate has significant consequences for the scope of government, combatting terrorism and other unlawful activity, personal privacy, and the future of money.
    Featuring:
    -- Sujit Raman, Partner, Sidley Austin
    -- Jaikumar Ramaswamy, Head of Risk, cLabs
    -- Shannen Coffin, Chair, Appeals and Advocacy, Steptoe
    -- Moderator: Paul Watkins, Managing Director, Patomak Global Partners


    Prayer and Jury Service: United States v. Brown Feb 05, 2021
    Show notes

    This teleforum will address the upcoming Eleventh Circuit en banc argument in United States v. Brown, which concerns whether a juror may be removed from a deliberating jury because he prayed for and believed he received the Holy Spirit's guidance in considering the evidence. A district court found that a juror who did so could be removed from service and an Eleventh Circuit panel affirmed the decision. Judge William Pryor wrote a 64-page dissent, in which he argued that the decision demonstrated "a failure to reflect on the nature of prayer" and how it features in religious believers' "everyday way of thinking, speaking, and deciding."
    The Eleventh Circuit then granted en banc review in September 2020. Oral arguments are scheduled for February 23, 2021. Lea Patterson of First Liberty Institute joins us to discuss the case and its implications.
    Featuring:
    Lea Patterson, Counsel, First Liberty
    Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.


    The Potential for the Passage of the PRO Act in 2021 and Related Issues Feb 05, 2021
    Show notes

    This teleforum will discuss in detail the various provisions contained in the Protecting the Right to Organize (PRO) Act The Act, which increases worker rights, passed the House in last Congress and is expected to be reconsidered in the new Congress. This teleforum will discuss the Act and potential strategies to be utilized by the Biden administration to obtain passage of the PRO Act.
    Featuring:
    -- Maury Baskin, Shareholder and Co-Chair, Workplace Policy Institute, Littler Mendelson P.C.
    -- Moderator: Dean Reuter, General Counsel, Vice President & Director of the Practice Groups, Federalist Society for Law and Public Policy


    Book Review: The Second Founding: An Introduction to the Fourteenth Amendment Feb 03, 2021
    Show notes

    The Fourteenth Amendment is now over 150 years old. The Supreme Court has long rejected interpreting that Amendment with its original meaning. But what would an originalist interpretation of the Amendment look like? Would it be unworkable for modern problems?
    In this teleforum, Profs. Steven Calabresi and Ilan Wurman will discuss Wurman's new book The Second Founding: An Introduction to the Fourteenth Amendment, in which he argues not only that we should reclaim the original meaning of the Fourteenth Amendment, but that doing so would lead to many desirable and surprising results. Professor Wurman argues that the privileges or immunities clause is not, like many originalists claim, a fundamental rights provision, but is instead an antidiscrimination provision. The implications for incorporation, economic liberty, school desegregation, and gay rights may surprise you.
    Featuring:
    Prof. Steven G. Calabresi, Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law
    Prof. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law, Arizona State University; Author, The Second Founding: An Introduction to the Fourteenth Amendment
    This call is open to the public and press. Dial 888-752-3232 to access the event.


    ABA Model Rule 8.4(g) in Pennsylvania Feb 01, 2021
    Show notes

    ABA Model Rule of Professional Conduct 8.4(g) holds it misconduct for an attorney to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination” in connection with the practice of law. Scholars have criticized the Rule as chilling speech on matters of public concern and unlawful viewpoint discrimination; several state attorneys general concluded the rule is unconstitutional. Nevertheless, Pennsylvania adopted a modified version of Rule 8.4(g), including “words or conduct” within its ambit. In Greenberg v. Haggerty (E.D. Pa. 2020), an attorney represented by the Hamilton Lincoln Law Institute obtained a preliminary injunction against Pennsylvania’s enforcement of the rule. Pennsylvania officials have appealed to the Third Circuit. HLLI’s Ted Frank will discuss Rule 8.4(g) and its consequences for speech, the Greenberg decision and appeal, and the prospects for future litigation.
    Featuring:
    Ted Frank, Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute and the Center for Class Action Fairness.
    Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.


    Courthouse Steps Oral Argument Webinar: FCC v. Prometheus Radio Project Feb 01, 2021
    Show notes

    On January 19, 2021, the U.S. Supreme Court heard oral arguments in Federal Communications Commission v. Prometheus Radio Project, an important case involving issues of media ownership. Specifically, the Court will decide whether the U.S. Court of Appeals for the Third Circuit erred in vacating as arbitrary and capricious the Federal Communications Commission orders under review, which relaxed the agency’s cross-ownership restrictions to accommodate changed market conditions.
    A distinguished panel joined The Federalist Society on January 25, 2021 to discuss the case, the arguments, and the implications.
    Featuring:
    Ms. Jane E. Mago, Consultant in Media Policy and Law; former General Counsel, Federal Communications Commission
    Hon. Michael O'Rielly, Visiting Fellow, Hudson Institute; former Commissioner, Federal Communications Commission
    Mr. Christopher J. Wright, Partner, Harris, Wiltshire & Grannis; former General Counsel, Federal Communications Commission
    Moderator: Mr. Lawrence J. Spiwak, President, Phoenix Center for Advanced Legal and Economic Public Policy Studies; Executive Committee Member, Federalist Society's Telecommunications & Electronic Media Practice Group
    ***
    As always, the Federalist Society takes no position on matters of legal and public policy. Expressions of opinion are those of the speakers.


    The Congressional Review Act: First Branch Gets the Last Word Feb 01, 2021
    Show notes

    After living in relative obscurity since its passage in 1996, the Congressional Review Act caught the nation’s attention in 2017 when a Republican-led Congress and newly-elected President Trump used it to overturn 14 “midnight” regulations issued at the end of the Obama administration. Some prominent Democratic lawmakers opposed the CRA’s framework as well as its individual uses in 2017. Will roles be reversed in 2021 regarding Trump administration "midnight" regulations? Can they be completely reversed? The teleforum will review the mechanics and overriding purposes of the CRA. The technical elements include the law’s expedited congressional procedures, the types of actions covered, time frames for disapprovals, number of votes needed to overturn an action, and the consequences of disapproval.
    Featuring:
    Todd F. Gaziano, Chief of Legal Policy and Strategic Research and Director, Center for the Separation of Powers, Pacific Legal Foundation
    Moderator: Prof. Susan E. Dudley, Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
    Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.


    U.S. and the Middle East: Trump to Biden Jan 22, 2021
    Show notes

    While China is the paramount strategic priority for the United States, the Middle East remains a region of significance for U.S. national security interests. The Trump administration prioritized pressure on Iran, efforts to reduce the number of U.S. military personnel in Iraq and Syria, and good relations with Israel and Saudi Arabia. The incoming Biden administration is expected to continue some aspects of the Trump approach while changing course in others. Our two experts will assess the Trump record in the region and what they expect from the Biden administration. Please join us for this timely discussion.
    Featuring:
    -- Matthew R. A. Heiman, General Counsel & Corporate Secretary, Waystar Health; Senior Fellow and Director of Planning, National Security Institute
    -- Prof. Jamil N. Jaffer, Adjunct Professor, NSI Founder, and Director, National Security Law & Policy Program, Antonin Scalia Law School, George Mason University


    Book Review: Believe in People: Bottom-Up Solutions for a Top-Down World Jan 21, 2021
    Show notes

    Following a year of disruptions not seen in generations: a global pandemic, economic crisis, social unrest, and a divisive political season, Americans are looking for a better way. In his new book, Believe in People: Bottom-Up Solutions for a Top-Down World, co-authored with Charles Koch, Stand Together Chairman & CEO Brian Hooks makes the case that this starts in the places and with people you may least expect. Today’s challenges call for nothing short of a paradigm shift – away from a top-down approach that sees people as problems to be managed, toward bottom-up solutions that empower everyone to realize their potential and foster a more inclusive society. Drawing on the experience of thousands of social entrepreneurs in education, business, communities, and public policy, the book shares lessons for those looking to make a greater difference and put our country on a better track.
    Featuring:
    -- Brian Hooks, Chairman and CEO, Stand Together
    -- Greg Lukianoff, President and CEO, Foundation for Individual Rights in Education (FIRE)
    -- Moderator: Dean Reuter, General Counsel, Vice President & Director of the Practice Groups, Federalist Society for Law and Public Policy


    Courthouse Steps Oral Argument Teleforum: BP P.L.C. v. Mayor and City Council of Baltimore Jan 21, 2021
    Show notes

    Nearly two dozen lawsuits against energy manufacturers seeking state tort damages over climate change have been filed in state courts. The defendants removed the cases to federal courts because the subject matter of the litigation involves exclusively federal issues, namely national energy policy over the worldwide uses of fossil fuels. The Supreme Court is considering the scope of appellate review of the remand order in one of the cases, BP P.L.C. v. Mayor and City Council of Baltimore. The implications of this ruling will likely extend to the larger climate litigation campaign. The oral argument is scheduled for January 19, 2021. Phil Goldberg, who authored an amicus brief filed by several trade groups including the National Association of Manufacturers, will provide his thoughts on the hearing and the broader implications for climate litigation.
    Featuring:
    -- Phil Goldberg, Special Counsel for the Manufacturers’ Accountability Project (MAP), a project of The National Association of Manufacturers (NAM), and Washington D.C. Office Managing Partner, Shook, Hardy & Bacon, LLP


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