Teleforum-logo

Teleforum

News & Politics Podcasts >

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.
More Information

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

The Clean Water Act and Groundwater Pollution: A Natural Fit or an Interpretive Stretch?

11/9/2018
More
The scope of the Clean Water Act is a notoriously difficult question. Attention has largely focused on the extent to which the Act reaches wetlands, arroyos, ponds, and other surface features that have only slight connections to traditional navigable waters. Three recent decisions from the federal courts of appeals, however, augur an expansion of the controversy. The Fourth and Ninth Circuit Courts of Appeals have ruled that the Act applies to at least some forms of groundwater pollution,...

Duration:00:54:19

Courthouse Steps Oral Argument: Jam v. International Finance Corp.

11/8/2018
More
The issue at hand in Jam v. International Finance Corp. is whether the International Organizations Immunities Act (IOIA), which gives international organizations the “same immunity” as sovereigns have from suits, confers the same type of immunity as those foreign governments have under the Foreign Sovereign Immunities Act (FISA). The lawsuit began when farmers and fishermen in India were affected economically by the development of a coal-plant in India, by the International Finance...

Duration:00:35:12

Courthouse Steps: Sturgeon v. Frost Oral Arguments

11/7/2018
More
John Sturgeon has been in litigation with the National Park Service for a decade, including two trips to the Supreme Court, over whether he can use his hovercraft to travel on Alaska’s Nation River through the Yukon-Charley Rivers National Preserve. While Park Service regulations bar the use of hovercraft within the National Park system, Sturgeon argues that a special statute applicable only in Alaska excludes navigable rivers like the Nation from the Service’s regulations. The Supreme Court...

Duration:01:04:25

Return to Sender? The U.S. Challenge to the Universal Postal Union’s Status Quo

11/6/2018
More
A few weeks ago, the Trump Administration initiated the process to withdraw from the 144 year old Universal Postal Union (UPU) because UPU agreements provide that the Postal Service must deliver inbound postal packages for rates that are substantially less than it charges domestic mailers for similar services. U.S. critics of the UPU rate scheme argue that it gives foreign online merchants an unfair advantage over U.S. merchants in the area of shipping costs. Today the biggest beneficiary is...

Duration:01:06:34

Life, Liberty, and the Pursuit of Home-Sharing

11/6/2018
More
Home-sharing, a centuries-old American tradition of homeowners allowing visitors to stay in their homes rather than in hotels, has been made more efficient by online platforms like Airbnb and Homeaway that enable homeowners and travelers to connect better than ever before. In addition to helping homeowners earn money to pay their mortgages and giving consumers greater choices at lower prices, home-sharing represents an important way for property owners to exercise their basic right to choose...

Duration:01:02:39

Has NATO Expanded and Evolved Beyond Its Mission?

11/5/2018
More
As NATO launches Trident Juncture, exercises that will demonstrate the organization's largest show of force for 20 years, allies and foes alike will monitor performance. At a time when tensions are rising due to a belligerent Russia and autocratic Turkey, NATO countries are assessing commitment levels, capability, and resolve. As America asks for financial commitments to be met, it also seeks a level of democratic commonality among member nations. Is America in a position to lead on all...

Duration:00:54:22

Courthouse Steps: Frank v. Gaos Oral Arguments

11/5/2018
More
The case of Frank v. Gaos presents the question of whether and in what circumstances courts can approve class action settlements that send all or part of the settlement to charity rather than to class members. The payments to charity are known as “cy pres” payments—French for “next best.” The idea is that, if, for some reason, it is not practical to send the money to class members—usually because the money is not sufficient to send more than a few cents or dollars to each class member—the...

Duration:01:02:28

Book Review: Finance and Philosophy: Why We're Always Surprised

11/5/2018
More
Finance and Philosophy provides a concise and witty account of how bankers and financial regulators think, of the alleged causes of the cycles of booms and busts, of the implicit and often un-thought-out assumptions shaping retirement finance, fiat money, corporate governance. Pollock deftly shows how poorly bankers have measured the risk their banks have been exposed to. With candor and clarity, he uncovers the persistent and unavoidable uncertainty inherent in the business of banking. We...

Duration:01:47:27

Courthouse Steps Teleforum Preview: Frank v. Gaos

11/5/2018
More
What is the purpose of class actions? To provide compensation to class members? Or to provide compensation for attorneys? The Seventh Circuit has taken a skeptical view of settlements that provide fees for counsel but no meaningful benefit for the class. But there is a circuit split on the question, with the Ninth Circuit approving settlements that maximize attorney fees at the expense of the class, while funneling the class’s compensation to organizations already supported by defendant...

Duration:00:28:48

Update: Workers’ Speech Rights in the Wake of Janus

10/30/2018
More
In its Janus v. AFSCME decision this past June, the Supreme Court held that it violated the First Amendment for states to force their employees to subsidize the speech of labor unions. But are workers getting the relief that Janus promised? Rather than follow the ruling, some unions have reportedly claimed that members have to take action to opt-out of fee payments and may do so only during opt-out periods months or even years in the future. Others have refused to issue refunds of fees...

Duration:00:44:55

Guidance Against Guidance

10/30/2018
More
The Trump Administration has made clear that it is engaged in a regulatory reform effort. One stated goal of that effort is to ensure that administrative enforcement actions rely on legally binding authority such as laws and regulations and that enforcement actions are not brought for “violations” of non-binding materials such as guidance or staff views. The Department of Justice, which is the prime litigating authority for the federal government, has issued statements disclaiming department...

Duration:00:35:28

Diversity and Elimination of Bias CLE Credit Teleforum: Litigation For A Higher Cause

10/30/2018
More
The Federalist Society offers a unique opportunity to attorneys from Minnesota, New York, and California, to fill the CLE credit known as Diversity/Elimination of Bias credit. CLE will only be applied for in these three states. There will be no charge for this event. Electronic Sign-in link: (CLICK HERE) CLE Materials: Link (CLICK HERE) Diversity CLE Teleforum 2018: Litigation For A Higher Cause Representing a client with religious or spiritual motivations can pose unique problems for...

Duration:01:40:37

Book Review: Judicial Fortitude: The Last Chance to Rein In the Administrative State

10/25/2018
More
In this book, Peter J. Wallison argues that the administrative agencies of the executive branch have gradually taken over the legislative role of Congress, resulting in what many call the administrative state. The judiciary bears the major responsibility for this development because it has failed to carry out its primary constitutional responsibility: to enforce the constitutional separation of powers by ensuring that the elected branches of government―the legislative and the...

Duration:00:28:39

Ethics CLE Teleforum 2018: New Issue in Legal Ethics, ABA Model Rule 8.4(g)

10/25/2018
More
Professional Responsibility & Legal Education Practice Group Teleforum CLE not offered if Teleforum listened to after the event is concluded. Written Materials are accessible through the link included on your ticket The Federalist Society offers a unique opportunity to acquire one hour’s worth of ethics CLE credit. Our visiting expert in legal and judicial ethics will discuss a recent regulatory development in the field, with the purpose of translating this development into practical wisdom...

Duration:00:51:54

A Reader on Net Neutrality and Restoring Internet Freedom

10/17/2018
More
In December 2017, the Federal Communications Commission adopted its landmark Restoring Internet Freedom Order that repealed the public utility-like regulations which were applied to broadband Internet service providers by the Obama Administration’s FCC. The Free State Foundation has just published a new book, Reader on Net Neutrality and Internet Freedom, edited by Free State Foundation President Randolph May and Senior Fellow Seth Cooper, that offers a defense of the FCC’s Restoring...

Duration:01:27:47

Litigation Update: AT&T and Time Warner Merger

10/12/2018
More
In June 2018, the Federal District Court for the District of Columbia ruled in favor of AT&T in the $85.4 billion proposed merger of AT&T and Time Warner. U.S. District Judge Richard Leon presided over the case and held that the government had failed to meet its burden of proof in demonstrating that the merger would decrease competition. The Antitrust Division argued that the merger would result in higher carriage fees for various TV channels, and that the merger would create incentive for...

Duration:01:21:14

The Right To Be Forgotten

10/9/2018
More
The “right to be forgotten” refers to the right of individuals to have a company remove or delete their personal data when the company has no apparent justification for continuing to keep it. The “right to be forgotten” was established by the European Court of Justice in 2014, when it ruled that individuals had the right to request the removal of links to either irrelevant or outdated materials. Over half a million requests for link removals have occurred since the ruling, of which Google...

Duration:00:49:18

Corporate Governance in 2018: Social Responsibility or Political Action?

10/9/2018
More
Axios recently opined that: Be it guns or global warming, a fascinating trend is unfolding in the Trump era: Corporations, under intense social pressure, are filling a void left bygovernmental gridlock or avoidance. (emphasis added) … [t]his phenomenon is inspired not by the pure benevolence of corporations. Instead, it’s intense pressure from social media mobs … Seeking a remedy to the “governmental gridlock,” Senator Elizabeth Warren introduced the Accountable Capitalism Act,which would...

Duration:01:07:48

Courthouse Steps Oral Argument: Gundy v. United States

10/9/2018
More
Since 1789, the Supreme Court has struck down only two laws on “nondelegation” grounds, both in 1935. Gundy v. United States will potentially be a third such ruling, depending on whether the Deputy Solicitor General can convince the justices to save the delegation of authority in the Sexual Offence Notification Act (SORNA). The particular provision of SORNA at issue, which directs the Attorney General to decide whether SORNA’s registration requirements apply to sexual offenders convicted...

Duration:00:57:57

Outsourcing the Board

10/5/2018
More
In this groundbreaking work, Stephen M. Bainbridge and M. Todd Henderson change the conversation about corporate governance by examining the origins, roles, and performance of boards with a simple question in mind: why does the law require governance to be delivered through individual board members? While tracing the development of boards from quasi-political bodies through the current 'monitoring' role, the authors find the reasons for this requirement to be wanting. Instead, they propose...

Duration:01:04:47