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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:
    The Implications and Importance of CIC Services, LLC v. Internal Revenue Service Dec 14, 2020
    Show notes

    On December 1st, the Supreme Court heard oral arguments in the case CIC Services, LLC v. Internal Revenue Service. The case involves whether courts have jurisdiction over challenges to the validity of Internal Revenue Service rules or regulations under the Administrative Procedure Act before the taxpayer pays a tax and seeks a refund. The specific issue presented was whether the prohibition in the Anti-Injunction Act (26 U.S.C., sec. 7421, “AIA”) on lawsuits “for the purpose of restraining the assessment or collection of any tax” bars challenges to regulatory mandates issued by Treasury/IRS in the form of information reporting requirements that could lead to the assessment of tax penalties. In CIC Services, the Government asserted that the AIA barred pre-enforcement litigation challenging reporting requirements that could have significant civil and criminal penalties attached for non-compliance, where the civil penalties are denominated by the Internal Revenue Code as a “tax” but where no violation had yet occurred. The case came to the Supreme Court on a writ of certiorari to the U.S. Court of Appeals for the Sixth Circuit, which had affirmed a district court opinion dismissing the case under the AIA for lack of jurisdiction.
    We are joined by a panel of experts to discuss the oral arguments, and the various policy implications of the potential rulings.
    Featuring:
    Prof. Robert Carney, Senior Counsel, Caplin & Drysdale, and Adjunct Professor, Tax Practice and Procedure (Administrative), Georgetown University Law Center
    Prof. Kristin Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School
    Prof. Gregory Dolin, Co-director of the Center for Medicine and Law, University of Baltimore School of Law, and Adjunct Scholar at the Cato Institute
    Please dial 1-888-752-3232 to participate.


    Courthouse Steps Oral Argument Teleforum: Republic of Hungary v. Simon and Federal Republic of Germany v. Philipp Dec 14, 2020
    Show notes

    On December 7, the Supreme Court will hear oral arguments in two cases involving the Foreign Sovereign Immunities Act (FSIA).
    In Republic of Hungary v. Simon, the issue is whether a district court may abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity, in a matter in which former Hungarian nationals have sued the nation of Hungary to recover the value of property lost in Hungary during World War II but the plaintiffs made no attempt to exhaust local Hungarian remedies.
    In Federal Republic of Germany v. Philipp, the issue is whether the “expropriation exception” of the FSIA, which abrogates foreign sovereign immunity when “rights in property taken in violation of international law are in issue,” provides jurisdiction over claims that a foreign sovereign has violated international human rights law when taking property from its own national within its own borders, even though such claims do not implicate the established international law governing states’ responsibility for takings of property. Is the doctrine of international comity unavailable in cases against foreign sovereigns, even in cases of considerable historical and political significance to the foreign sovereign, when the foreign nation has a domestic framework for addressing the claims?
    Prof. Alberto Coll and moderator Jim Dunlop join us to discuss both these cases.
    Featuring:
    Prof. Alberto R. Coll, Vincent de Paul Professor of Law and Director of Global Engagement, DePaul College of Law
    James C. Dunlop, Senior Attorney, Sensient Technologies Corporation
    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 Teleforum: Mnuchin v. Collins Dec 14, 2020
    Show notes

    The case of Mnuchin v. Collins will have oral arguments before the Supreme Court on December 9, 2020. The case involves the Federal Housing Finance Agency's 2008 decision to appoint itself conservator of Fannie Mae and Freddie Mac, and the issues presented are whether the statute's anti-injunction clause precludes a court from setting aside the Third Amendment and whether the succession clause precludes shareholders from challenging the Third Amendment. Elizabeth Slattery joins us to discuss the case and its implications.
    Featuring:
    Elizabeth Slattery, Senior Legal Fellow, Pacific Legal Foundation
    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.


    Capital Conversations: Hester Peirce, Commissioner, U.S. Securities and Exchange Commission Dec 14, 2020
    Show notes

    Join us as Hester Peirce, Commissioner on the Securities and Exchange Commission, discusses the intersection of individual liberty and securities regulation.


    Courthouse Steps Oral Argument Teleforum: Facebook Inc. v. Duguid Dec 11, 2020
    Show notes

    The case of Facebook Inc. v. Duguid will have oral arguments before the Supreme Court on December 8, 2020. At issue in the case is the Telephone Consumer Protection Act's definition of "automatic telephone dialing system," and whether this phrase includes any device that can store and dial phone numbers, even if it “uses a random or sequential number generator.” Megan Brown and Prof. Daniel Lyons join us to discuss the case and its implications.
    Featuring:
    Megan L. Brown, Partner, Wiley Rein
    Prof. Daniel Lyons, Professor of Law, Boston College School of Law
    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 Decision Teleforum: Roman Catholic Diocese of Brooklyn v. Cuomo Dec 11, 2020
    Show notes

    On November 25, 2020, the Supreme Court barred New York Governor Andrew Cuomo from enforcing Executive Order 202.68 10- and 25-person occupancy limits on religious services during the COVID-19 pandemic. Application for injunctive relief was granted in the per curiam opinion. Justices Gorsuch and Kavanaugh filed concurring opinions. Chief Justice Roberts filed a dissenting opinion. Justice Breyer filed a dissenting opinion, joined by Justices Sotomayor and Kagan. Justice Sotomayor filed a dissenting opinion, joined by Justice Kagan. Eric Rassbach joins us to discuss the case and its implications.
    Featuring:
    -- Eric Rassbach, Vice President & Senior Counsel, The Becket Fund for Religious Liberty


    Courthouse Steps Oral Argument Teleforum: Edwards v. Vannoy Dec 09, 2020
    Show notes

    The case of Edwards v. Vannoy will have oral arguments before the Supreme Court on December 2, 2020. At issue is whether the Supreme Court’s decision in Ramos v. Louisiana applies retroactively to cases on federal collateral review. William McClintock joins us to offer commentary on the case and the oral arguments.
    Featuring:
    William S. McClintock, Associate, King & Spalding LLP
    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 Teleforum: Nestlé USA, Inc. v. Doe I Dec 08, 2020
    Show notes

    The case of Nestlé USA, Inc. v. Doe I (consolidated with Cargill, Inc. v. Doe I) will have oral arguments before the Supreme Court on December 1, 2020. At issue is whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute may overcome the extraterritoriality bar where the claim is based on allegations of general corporate activity in the United States and where the plaintiffs cannot trace the alleged harms, which occurred abroad at the hands of unidentified foreign actors, to that activity. Also at issue is whether the judiciary has the authority under the Alien Tort Statute to impose liability on domestic corporations. David Rybicki joins us to discuss the case and the oral arguments at the Supreme Court.
    Featuring:
    David C. Rybicki, Partner, K&L Gates LLP
    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 Teleforum: Van Buren v. United States Dec 02, 2020
    Show notes

    The case of Van Buren v. United States will have oral arguments before the Supreme Court on November 30, 2020. At issue is whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose. Prof. Orin Kerr joins us to discuss the case, the oral arguments, and its implications.
    Featuring:
    Prof. Orin Kerr, Professor of Law, UC Berkeley School of Law
    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 Teleforum: Trump v. New York Dec 02, 2020
    Show notes

    On November 30, 2020 the Supreme Court heard oral arguments in Trump v. New York. The case has garnered widespread media attention and arose over the attempt by the Trump administration to exclude noncitizens from the population numbers for the purposes of apportioning seats in the House of Representatives. The Supreme Court will decide whether New York and the twenty states that filed suit against the administration have standing, and whether policy is within the power of the President's discretion under the provisions of law governing congressional apportionment. The case will bear on the short- and long-term future of congressional elections.
    Featuring:
    -- Prof. John S. Baker, Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University


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