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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 Oral Argument Teleforum: United States v. Collins Oct 20, 2020

Show notes

Consolidated with United States v. Collins, United States v. Briggs challenges the idea that a rape charge may only be prosecuted if it is discovered within five years of the crime. Michael Briggs was found guilty of rape in 2014; however, Briggs claimed that the statute of limitations had expired, as the crime happened in 2005. Briggs was convicted by the U.S. Air Force Criminal Court and, after a fairly complicated procedural route, will now be heard by the U.S. Supreme Court.
Featuring:
Arthur Rizer, Director, Criminal Justice & Civil Liberties; Resident Senior Fellow, R Street Institute
Prof. Richard Sala, Assistant Professor of Law, Vermont Law School
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: Ford Motor Company v. Montana Eighth Judicial District Court Oct 20, 2020

Show notes

Liability in motor vehicle accidents is frequently an issue necessitating litigation, but not typically at the level of the Supreme Court. In this case, though, two incidents rose all the way to our highest court. In a Minnesota accident, a passenger driving a Ford vehicle suffered severe brain injury when the passenger-side airbags failed to deploy during an accident. Ford found itself in another case, this time in Montana, involving a vehicle's tread/belt separation and resulting in fatality for the driver. Despite their efforts to dismiss these claims by citing a lack of personal jurisdiction, the state courts and state supreme courts in both cases affirmed the ruling of liability and negligence on the part of Ford Motor Company. The Supreme Court will now decide whether the "arise out of or relate to" requirement of the Fourteenth Amendment's due process clause permits a state court to exercise specific personal jurisdiction over a nonresident.
Featuring:
Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center
Jaime A. Santos, Partner, Goodwin Procter 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.

The Economics and Ethics of Insider Trading Reform Oct 20, 2020

Show notes

There was surprising momentum on the issue of insider trading reform at the start of 2020. On December 9, 2019, the U.S. House of Representatives passed the Insider Trading Prohibition Act with wide bi-partisan support. In January 2020, the Securities and Exchange Commission sponsored Bharara Task Force on Insider Trading released a report containing proposed legislation. Both the House bill and the task force's proposal recommend redefining insider trading as the wrongful use of information in securities trading. What do these recommendations for reform mean by "wrongful" use? After evaluating the current state of the law, this panel will discuss the economic and ethical implications of the two reform proposals.
Featuring:
-- Jonathan R. Macey, Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale University
-- John Anderson, Professor of Law, Mississippi College School of Law, and the author of Insider Trading: Law, Ethics, and Reform
-- Moderator: Kevin R. Douglas, Assistant Professor of Law, Michigan State University College of Law

The Staggers Act Turns Forty: Lessons Learned from Railroad Regulation Oct 20, 2020

Show notes

October 14, 2020 marks the 40th anniversary of the enactment of the Staggers Rail Act -- the law that largely deregulated economic dealings within the freight rail sector. So far removed, the anniversary may seem irrelevant, but the opposite is true: rail deregulation serves as an important case study on matters related to competition, markets, rate regulation and capitalism writ large.
Please join us for a discussion to analyze the rail regulatory experience and to see if there are any lessons to be learned from efforts to impose "common carrier" utility regulations on other sectors in the American economy. Covered topics will include a summary of rail deregulation, how it continues to be challenged and why core tenets of the Staggers Act are especially relevant for salient discussions related to ratemaking and due process under the Fifth Amendment.
Featuring:
-- George S. Ford, Chief Economist, Phoenix Center for Advanced Legal & Economic Public Policy Studies
-- Timothy Strafford, Associate General Counsel and Corporate Secretary, Association of American Railroads
-- Moderator: Lawrence Spiwak, President, Phoenix Center for Advanced Legal & Economic Public Policy Studies

Courthouse Steps Oral Argument Teleforum: Pereida v. Barr Oct 20, 2020

Show notes

Clemente Avelino Pereida faced removability charges by the Department of Homeland Security after receiving a conviction of attempted criminal impersonation in Nebraska. As a citizen and native of Mexico, Pereida filed for an application for relief from removal. An immigration judge barred relief from removal, finding moral turpitude in his conviction. The Board of Immigration Appeals found that he was statutorily ineligible for cancellation of removal. 8th Circuit denied Pereida's petition for review.
Featuring:
-- Brian M. Fish, Special Assistant, United States Attorney, Baltimore, Maryland

Capital Conversations: Hon. Paul J. Ray, OIRA Administrator Oct 20, 2020

Show notes

Join us as Paul Ray, the Administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget, discusses the priorities and work of his office during 2020.
Featuring:
-- Hon. Paul J. Ray, Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget

Book Review: America in the World: A History of U.S. Diplomacy and Foreign Policy Oct 20, 2020

Show notes

Ranging from Benjamin Franklin, Alexander Hamilton, and Thomas Jefferson to Henry Kissinger, Ronald Reagan, and James Baker, America in the World tells the vibrant story of American diplomacy. Recounting the actors and events of U.S. foreign policy, Roberty Zoellick identifies five traditions that have emerged from America's encounters with the world: the importance of North America; the special roles trading, transnational, and technological relations play in defining ties with others; changing attitudes toward alliances and ways of ordering connections among states; the need for public support, especially through Congress; and the belief that American policy should serve a larger purpose. These traditions frame a closing review of post-Cold War presidencies, which Zoellick foresees serving as guideposts for the future.
Featuring:
-- Robert B. Zoellick, Author, America in the World: A History of U.S. Diplomacy and Foreign Policy
-- Moderator: Matthew R. A. Heiman, General Counsel & Corporate Secretary, Waystar Health; Senior Fellow and Director of Planning, National Security Institute

Courthouse Steps Oral Argument Teleforum: Google v. Oracle Oct 14, 2020

Show notes

Google copied over 11,000 lines of computer code, called declaring code, owned by Oracle. Ten years after Oracle filed suit, the Supreme Court will hear the oral argument on October 7, 2020. Google says the code is purely functional, is uncopyrightable because there’s only one way to write it, and in any case their copying was fair use. Oracle, backed by the Solicitor General, says its code is creative expression that falls squarely into what Congress intended to protect and that Google’s copying was non-transformative infringement. Join us for a review of oral arguments in Google v. Oracle on the afternoon of October 7th by an all-star panel.
Featuring:
Jordana Rubel, Assistant General Counsel, U.S. Copyright Office, which co-wrote the government's brief
Prof. Michael Risch, Vice Dean and Professor of Law, Villanova University Charles Widger School of Law; author of amicus brief in support of Google
Moderator: Steven Tepp, President & CEO, Sentinel Worldwide; Professorial Lecturer in Law at The George Washington University Law School; author of amicus brief in support of Oracle
This call is open to the public and press. Dial 888-752-3232 to access the call.

Courthouse Steps Oral Argument Teleforum: Tanzin v. Tanvir Oct 14, 2020

Show notes

This teleforum addresses the October 6, 2020, Supreme Court oral argument in FNU Tanzin v. Tanvir, which involves the sole question of whether the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C § 2000bb et seq., permits suits seeking money damages against individual federal employees. The underlying facts of the case involve RFRA claims brought by Muslim immigrants to the United States, now U.S. citizens or lawful permanent residents, who allege they were placed on the No Fly List in retaliation for refusing, on religious grounds, to serve as informants for the FBI. In a 2011 decision, Sossamon v. Texas, the Court held that the Religious Land Use and Institutionalized Persons Act (RLUIPA), a companion statute to RFRA, did not authorize money damages against states. This case represents another look at the remedies available under RFRA and the statutory phrase “appropriate relief.”
This teleforum features Stephanie Taub, Senior Counsel for First Liberty Institute, which filed an amicus brief in support of Respondents.
Featuring:
Stephanie Taub, Senior Counsel, First Liberty Institute
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: Texas v. New Mexico Oct 14, 2020

Show notes

As an act of original jusrisdiction, the Supreme Court appointed a river master to resolve a dispute between New Mexico and Texas over the Pecos River back in 1949. Over 70 years later, the actions of this river master are now in question. After a tropical storm in 2014, overflow water from the Texas reservoir Red Bluff was impounded at a federally owned reservoir in New Mexico. Texas argues that when New Mexico released the impounded water, they wasted it. Because of this claim, the river master did not originally reduce Texas' rights in the 2014 and 2015 annual reports; however, upon New Mexico's request, the river master changed the 2015 reports and reduced its delivery to Texas because of the 2014-2015 flood water. By December 2018, Texas had filed a motion with the U.S. Supreme Court, with argument now scheduled for October 5. Tony Francois joins us to discuss the oral argument.
Featuring:
Anthony L. Francois, Senior Attorney, 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.

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