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This series of podcasts features experts who analyze the latest developments in the legal and policy world. The podcasts are in the form of monologues, podcast debates or panel discussions and vary in length. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues.

This series of podcasts features experts who analyze the latest developments in the legal and policy world. The podcasts are in the form of monologues, podcast debates or panel discussions and vary in length. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues.
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Location:

United States

Description:

This series of podcasts features experts who analyze the latest developments in the legal and policy world. The podcasts are in the form of monologues, podcast debates or panel discussions and vary in length. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues.

Language:

English


Episodes

California and Lead Paint Public Nuisance Case

9/21/2018
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ConAgra Grocery Products Company, NL Industries, Inc., and The Sherwin-Williams Company filed petitions with the United States Supreme Court seeking review of the California Court of Appeal’s decision in The People of California v. ConAgra Grocery Products Company, 17 Cal. App. 5th 51. This lawsuit in California is using a novel legal theory – public nuisance – which is spreading to other industries across the country. The petitions raise important issues of national significance regarding...

Duration:00:40:45

Social Media Oversight: The Debate Over Regulation and Antitrust Enforcement on Tech Titans

9/19/2018
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Russian interference in the 2016 election, Facebook and Cambridge Analytica, and claims of political bias in banning users and restricting content have all led to calls for regulation and antitrust enforcement against the preeminent social media platforms. Tech titan executives are making regular trips to Capitol Hill to explain the actions of their companies. Are Facebook, Twitter, and Google in need of greater government oversight? If so, what type of regulation is warranted? Our panel...

Duration:00:45:34

The Third Annual Mike Lewis Memorial Teleforum: Cyberwar and International Law

9/7/2018
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There is broad agreement that international law applies to cyber conflict. There is less agreement as to exactly what that means. What principles of the existing Law of Armed Conflict clearly apply to cyber attacks by nations? What questions remain open and should be determined by the actual practice of nations? Two distinguished law professors will address these and other issues during the Mike Lewis Memorial Teleforum. Mike Lewis was a naval aviator, and then a renowned law professor,...

Duration:00:43:13

Civil Rights Commissions: Enforcers of Social Justice

9/5/2018
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Whether called Human Rights, Human Relations, or Civil Rights Commissions, many cities and counties and virtually every state has one. On the local level, the commissioners who comprise these agencies are usually either volunteers or political appointees. These commissioners typically have no legal training or direct attorney oversight; they just have a passion for “inclusivity” and conciliation. In the Masterpiece Cakeshop case, the Supreme Court called out the Colorado Civil Rights...

Duration:01:06:04

Ted Suhl Litigation Update

8/30/2018
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On July 20, 2016, Ted Suhl, a former head of a behavioral health company in Arkansas, was convicted by a federal jury on four counts of bribery. The prosecution was initiated and carried out by the United States Department of Justice and Suhl was found guilty of interstate travel in aid of bribery, federal funds bribery, and two counts of honesty services fraud. Suhl was sentenced to 7 years in prison, and immediately appealed the ruling. In March 2018, the United States Court of Appeals...

Duration:00:27:33

Litigation Update: Collins v. FHFA

8/24/2018
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On July 16, the Fifth Circuit Court of Appeals ruled that the Federal Housing Finance Agency (FHFA) which oversees two government services enterprises (GSEs), is unconstitutionally structured because it is excessively insulated from Executive Branch oversight. The FHFA was created by the Housing and Economic Recovery Act of 2008 (HERA) to oversee Fannie Mae and Freddie Mac. The parties challenging the FHFA’s constitutionality were shareholders of the GSEs who were seeking to invalidate an...

Duration:00:31:50

Do Regulatory Reform Efforts Inevitably Entrench the Administrative State?

8/23/2018
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Government regulation is pervasive, complex and expensive to administer. Americans have a vital interest and real need to understand how the current regulatory system can best be improved and made to achieve its laudable objectives for health, safety and environmental protection using means that are both cost-effective and fully consistent with the rule of law. But can we make the regulatory system more effective without strengthening the administrative state and undermining the rule of...

Duration:01:04:33

Regulating Cryptocurrency

8/20/2018
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Recently there has been much discussion over the proper regulation of cryptocurrencies and initial coin offerings (ICOs), as well as litigation asserting that ICOs must be registered with the Securities and Exchange Commission (SEC). Given the broad range of products and significant expansion of these markets, there has been confusion over the proper regulation of these instruments under various regulatory frameworks and by various regulatory bodies. Join us for a Teleforum discussion of...

Duration:00:50:01

West Virginia Supreme Court in Crisis

8/20/2018
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The West Virginia Supreme Court of Appeals has been plagued for months with controversy over alleged overspending and other impropriety. Two justices have resigned, and the remaining three face trials in the state Senate after being impeached earlier this week by the House of Delegates. The ongoing controversy has implications for this fall's elections, the future of the court, and separation of powers. Our teleforum discussion will feature Laurie Lin, a columnist and editorial writer for...

Duration:01:23:27

Arbitration in the #MeToo Era

8/3/2018
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Employers are increasingly turning to arbitration to reduce the costs and burdens of employment-related litigation. Proponents of arbitration contend it is often less expensive than litigation, frequently quicker, but just as fair. Moreover, proponents argue that employer programs utilizing various alternative dispute resolution techniques may resolve employment disputes early and entirely avoid the need for litigation or even arbitration proceedings.In the wake of the #MeToo movement,...

Duration:00:48:45

Sanctuary Cities

8/3/2018
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In 2015, 32-year old Kate Steinle was shot in San Francisco by an Illegal Immigrant. The immigrant was previously deported five times and had seven prior felony convictions. This incident, along with additional stories of criminal behavior by illegal aliens, drew national attention to the issue of sanctuary cities.The Center for Immigration Studies defines sanctuary cities as localities which, by statute or action, seek to shield information regarding illegal aliens from Immigration and...

Duration:00:54:19

Persuader Rule

8/2/2018
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On March 24, 2016 the DOL’s Office of Labor-Management Standards (OLMS) issued the so-called “persuader rule” that would have greatly inhibited the ability of employers to obtain legal advice in responding to union organizing campaigns. For nearly 50 years the DOL recognized that advice, including legal advice, is excluded from reporting under federal labor law. The new persuader rule would have forced lawyers and law firms that counsel a business on most labor relations matters to...

Duration:00:30:43

Wisconsin Supreme Court Upholds Academic Freedom

7/20/2018
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Like most private universities, Marquette University guarantees academic freedom to its faculty. John McAdams, a tenured professor who had been with the university for almost forty years, wrote a blog post about the increasing tendency on the left to regard certain points of view as “unsafe” and objects for censorship. He used an example of a graduate instructor who had told a student that the student’s opposition to same sex marriage would “come off” as “offensive” and “homophobic” and...

Duration:00:49:24

The Establishment Clause Overseas

7/19/2018
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How much, if at all, does the First Amendment’s Establishment Clause constrain what the United States can do overseas? In a world where religious groups often participate in the operations and elections of foreign governments, and in a global struggle against violent Islamism that often requires cooperation with moderate Muslim groups, this question is more important than ever. Join us for a Teleforum discussion featuring Nathan Forrester and David Buckley. Mr. Forrester analyzes these...

Duration:00:47:40

The GDPR and the Future of Internet Privacy

7/18/2018
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Within 7 hours of the EU’s General Data Protection Regulation (GDPR) coming into effect, Austrian privacy activist Max Schrems and his non-profit None of Your Business (NOYB) lodged four complaints against Google and Facebook, seeking damages of $8.8 billion. Among its 173 recitals, the GDPR empowers litigants through enumerated rights of representation, judicial remedy, and compensation to create non-profit organizations, lodge complaints, and collect fees on behalf of users. Violations...

Duration:00:54:12

Litigation Update: Trinity Western University v. Law Society of Upper Canada

7/16/2018
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Trinity Western University (“TWU”) is a private institution organized around a specific viewpoint: evangelical Christianity. As part of that conviction, TWU affirms a “conduct covenant” which limits sexual behavior to married heterosexual couples. Two bar societies determined in view of that covenant that TWU graduates were not fit to “article,” that is, sit for the bar due to TWU’s institutional standard, irrespective of whether the graduates agreed or practiced that standard. The Canadian...

Duration:00:58:36

The JCPOA Withdrawal

7/10/2018
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In 2015, the United States, along with China, France, Germany, Russia, the United Kingdom, and the European Union, reached a Joint Comprehensive Plan of Action (JCPOA) with Iran. The terms of the deal called for Iran to take various steps to ensure its nuclear capacity would be exclusively peaceful. Aspects of Iran’s nuclear development program were subject to restrictions for varying lengths of time between 10 and 15 years. In exchange for Iran agreeing to these terms, Iran received relief...

Duration:00:59:43

Courthouse Steps Decision: Carpenter v. United States

7/10/2018
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In Carpenter, arrests made in an armed robbery case occurred because the Federal Bureau of Investigation was able to obtain “transactional records” of the cell phones owned by the alleged coconspirators. These records track the date and time of a call and the approximate position of the caller. The records were collected under the Stored Communications Act of 1986, which allows the government certain kinds of telecommunications records relevant to an ongoing criminal investigation. The...

Duration:00:31:08

Courthouse Steps Decision: Currier v. Virginia

7/10/2018
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In Currier v. Virginia, Justice Gorsuch, writing for a 5-4 majority, held that where a criminal defendant elects to sever charges into multiple trials, he cannot, after acquittal at the first trial, argue that the Double Jeopardy clause precludes the second trial from occurring. In Currier, the government charged the defendant with burglary, grand larceny, and felon in possession of a firearm. All three charges arose from an alleged home invasion, in which the government argued the defendant...

Duration:00:29:19

Courthouse Steps: Husted v. A. Philip Randolph Institute Decided

7/10/2018
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With more than 10 percent of Americans moving each year, how can states ensure that their voting lists are kept up to date and that ineligible persons are removed? In Husted v. A. Philip Randolph Institute, the Court held that states can look at failure to vote as evidence to identify people who may have moved, but that it can’t be the sole factor used to remove a voter from the rolls. By a 5-4 vote, the decision upheld an Ohio law that removes from the voter rolls voters who don’t vote in...

Duration:00:29:34