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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.

Latest Episodes:

Courthouse Steps Preview: Van Buren v. United States Nov 06, 2020

Show notes

The Computer Fraud and Abuse Act (CFAA) makes it a crime (and a tort) to access “without authorization” a computer to obtain information from that computer. But is the CFAA limited to cases in which an outsider hacks into a system or database to gain information, or does it also cover cases where a person who has permission to be on the system uses that permission for manifestly improper purposes – for example, where an employee uses access to their employer’s computers to steal information on those computers for themselves or for a competitor? In Van Buren v. United States, the Supreme Court will address this question, which has vexed federal courts for more than a decade. Mr. Joseph DeMarco, who has filed two amicus briefs in that case, will discuss the legal issues involved in Van Buren and the potential ramifications of the Court’s decision in this closely-watched case.
Featuring:
Joseph DeMarco, Partner, DeVore & DeMarco LLP
This call is open to the public and press. Dial 888-752-3232 to access the call.

Iran Snapback Nov 06, 2020

Show notes

Iran is in significant non-performance of its commitments under the Joint Comprehensive Plan of Action (JCPOA). Yet, the United Nations Security Council and America’s European allies have failed to “snapback” sanctions on Iran as agreed in the JCPOA. Join us for a conversation between Brian Hook, former Special Representative for Iran, and Dr. Jeremy Rabkin, Professor of Law at George Mason University’s Antonin Scalia Law School, for a conversation about the future of U.S.-Iranian policy and how to prevent Iran from achieving its nuclear ambitions.
Featuring:
-- Brian Hook, former U.S. Special Representative for Iran and Senior Policy Advisor to Secretary of State Mike Pompeo
-- Prof. Jeremy A. Rabkin, Professor of Law, Antonin Scalia Law School, George Mason University

Capital Conversations: Hon. Beth A. Williams, Assistant Attorney General, United States Department of Justice Nov 06, 2020

Show notes

Join us as Beth Williams, the U.S. Assistant Attorney General for the Office of Legal Policy at the United States Department of Justice, discusses the priorities and work of her office during COVID-19 and 2020.
Featuring:
-- Hon. Beth A. Williams, Assistant Attorney General, Office of Legal Policy, United States Department of Justice

Catholic Judges and the Death Penalty Nov 03, 2020

Show notes

Can Catholic judges, consistently with their faith, participate in death penalty cases? Faithful Catholics who have considered the question in recent decades have reached different conclusions. In 1998, Judge Amy Barrett, then a law clerk on the D.C. Circuit, co-authored an article concluding that it is immoral under Church teaching to directly participate in executions in a modern society with a functional prison system. Accordingly, she concluded that Catholic trial judges cannot in good conscience issue a death sentence and have an obligation to recuse themselves from the sentencing phase of capital trials. Appellate judges, on the other hand, need not recuse themselves in capital cases, because they do not directly issue death sentences. Justice Antonin Scalia took a different view. In a 2002 article, he asserted that if the death penalty were immoral under Church teaching, he could not participate in capital cases and would have an obligation to resign from the Supreme Court. But because he believed Catholic teaching affirmed the legitimacy of capital punishment, he concluded that Catholic judges, both trial and appellate, could fully participate in capital cases at every stage. Further complicating matters, Pope Francis has recently declared that the death penalty is “inadmissible”—a term whose significance is a matter of debate—and called on Catholics worldwide to seek the abolition of the death penalty. Ryan Proctor joins us to discuss the Catholic Church’s teaching on capital punishment and its implications for Catholic judges.
Featuring:
-- Ryan Proctor, Associate, Jones Day

Should the Federal Government Be in the 5G Business? Oct 29, 2020

Show notes

The Department of Defense (DoD) recently issued a Request for Information about the possibility of constructing a new national 5G network on 450 MHz of mid-band spectrum presently assigned to the Department. Access to this spectrum by commercial wireless services could be granted when it is not needed for national security requirements through a dynamic spectrum-sharing arrangement. Many members of Congress from both sides of the aisle, as well as members of the Federal Communications Commission, have expressed concern about DoD’s intentions. Recent press reports assert that several high-ranking officials in the White House are pushing the idea despite President Trump’s public opposition to such a plan. Should the DoD proceed with constructing its own network? Should the 450 MHz of mid-band spectrum be auctioned to private providers? Should the Department instead rely on the network services of commercial wireless providers? Please join us for a teleforum with industry experts to discuss the policy and economic implications.
Featuring:
-- Jon Adame, General Counsel, Office of Sen. Marsha Blackburn
-- Kelly Cole, Senior Vice President, Government Affairs, CTIA
-- 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; member of the Federalist Society’s Telecommunications & Electronic Media Practice Group Executive Committee

United States v. Google Oct 29, 2020

Show notes

This week, the United States Department of Justice launched its rumored antitrust law suit against Google. The government's complaint brief alleges that Google has a monopoly in search and search advertising, and has unlawfully maintained that monopoly. Among the many complaints, the government points specifically to the billion dollar payments google pays to Apple, in exchange for Apple carrying the search engine on be the de facto search engine on its iOS platform. The Government is alleging that these practices are not in the best interests of consumers or competition. The case is the most high profile antitrust case in decades, and could potentially remake Google, antitrust law, and the internet as we know it.
Today's Teleforum is cosponsored by The Bork Foundation, a non-partisan, nonprofit educational foundation just launched, led by Robert H. Bork, Jr. who chairs a board which includes today's speaker, George L. Priest, the Edward J. Phelps Professor of Law and Economics and Kauffman Distinguished Research Scholar in Law, Economics, and Entrepreneurship at Yale Law School. The Bork Foundation was launched this month to promote the life and legacy of Robert H. Bork: lawyer, Yale Law School professor, Solicitor General, federal appellate court judge, Supreme Court nominee, author, and public intellectual.
Featuring:
-- George L. Priest, the Edward J. Phelps Professor of Law and Economics and Kauffman Distinguished Research Scholar in Law, Economics, and Entrepreneurship at Yale Law School

Supreme Court Criminal Law Roundup: A Look Back and a Look Ahead Oct 23, 2020

Show notes

Join Dean Mazzone and Matt Cavedon for a discussion of major criminal cases at the U.S. Supreme Court from both last year and the current term. Discussion will cover areas of law ranging from the death penalty and searches and seizures to sentencing guidelines and computer crimes.
Featuring:
Dean A. Mazzone, Senior Trial Counsel, Massachusetts Attorney General
Matthew Cavedon, Assistant Public Defender, Northeastern Judicial Circuit
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 Executive Branch, the Supreme Court, and More Oct 23, 2020

Show notes

Join us as John Malcolm and John Yoo discuss recent Supreme Court news, the 25th amendment, what happens if the Electoral College deadlocks (or fails), as well as the latest on the confirmation hearings for Judge Amy Coney Barrett.
Featuring:
John G. Malcolm, Vice President, Institute for Constitutional Government, Director of the Meese Center for Legal & Judicial Studies and Senior Legal Fellow, The Heritage Foundation
Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley School of Law
This call is open to the public - please dial 888-752-3232 to access the call.

Born in the USA: A Debate on the Meaning of the Constitution’s Citizenship Clauses Oct 21, 2020

Show notes

Article II and the 12th Amendment require those seeking the office of President and Vice-President be a natural-born citizen. The 14th Amendment provides that "all persons born...in the United States, and subject to the jurisdiction thereof, are citizens." But what does it mean to be "subject to the jurisdiction thereof?" These two texts have been the subject of controversy throughout the past decade, and present interesting legal questions for constitutional theorists. Is it enough to be born in the U.S.A.?
In conjunction with the Chapman University and UCLA Federalist Society chapters, the Federalism and Separation of Powers Practice Group is poised to host renowned Constitutional scholars John Eastman and Eugene Volokh. Eastman and Volokh will debate the meaning of the Constitution's citizenship clauses live on Zoom. The Honorable Andrew Guilford, Ret., will moderate with Q&A to follow.
Featuring:
-- Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
-- John Eastman, Henry Salvatori Professor of Law and Community Service and Director, Center for Constitutional Jurisprudence, Chapman University Fowler School of Law
-- Moderator: Hon. Andrew J. Guilford, United States District Court, Central District of California

Courthouse Steps Oral Argument Teleforum: Torres v. Madrid Oct 20, 2020

Show notes

In 2014, Roxanne Torres pleaded guilty to three crimes: aggravated fleeing from a law enforcement officer, assault on a police officer, and unlawfully taking a motor vehicle. All of these crimes occurred while Ms. Torres was under the influence of methamphetamine. Ms. Torres was stopped by two police officers only after one shot and wounded her. In October of 2016, she filed a civil rights complaint in federal court against the two arresting officers in which she claimed the officers used excessive force and conspired to use excessive force. After the court interpreted her complaint under the Fourth Amendment, the court dismissed the case claiming the officers are entitled to qualified immunity. The court reasoned that because there was no seizure at the time of the shooting, there could be no Fourth Amendment violation. The U.S. Court of Appeals for the Tenth Circuit affirmed the lower court's decision.
Featuring:
Kent Scheidegger, Legal Director & General Counsel, Criminal Justice 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.

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