FedSoc Events

The Federalist Society

The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. This podcast feed contains audio files of Federalist Society panel discussions, debates, addresses, and other events related to law and public policy. Additional audio and video can be found at https://fedsoc.org/commentary.

Biden’s Antitrust Agenda: Mission Creep or Mission Achieved?
Jul 18 2022
Biden’s Antitrust Agenda: Mission Creep or Mission Achieved?
Whether in academia, on Capitol Hill, among federal and state enforcers, or in the plaintiff and defense bars, few topics are debated as hotly as the future of antitrust law. The Biden administration's ambitious competition policies and enforcement goals are evolving against the backdrop of this larger debate – and to strong fanfare in some quarters. Certain academics, practitioners, and politicians view the Biden administration's approach as a renaissance, one that embodies the Neo-Brandeisian revolution and is a much-needed return to the original intent of U.S. antitrust law.Others are more skeptical, and consider the Biden administration's more expansive approach inconsistent with current law or sound policy. These skeptics believe the Biden administration's approach goes beyond legitimate objectives for antitrust policy and enforcement, and that the new efforts of the Biden FTC or DOJ amount to mission creep, or worse.This webinar will feature Elyse Dorsey, Amanda Lewis, David J. Shaw, and Jonathan Wolfson discussing antitrust developments under the Biden administration and offering various evaluations of the administration's approach.Featuring:Elyse Dorsey, Partner, Kirkland & Ellis LLPAmanda Lewis, Partner, Cuneo Gilbert & Deluca, LLPDavid J. Shaw, Partner, Morrison & FoersterModerator: Jonathan Wolfson, Chief Legal Officer and Policy Director, Cicero Institute---To register, please click the link above
Fireside Chat: Aleksandr Solzhenitsyn and Live Not By Lies
Jul 11 2022
Fireside Chat: Aleksandr Solzhenitsyn and Live Not By Lies
Nearly fifty years ago, Alexander Solzhenitsyn released the text of a four-page essay titled Live Not By Lies. The account of his eight-year imprisonment as a political dissident in a Russian gulag had just been published in the West. In retaliation, the Russian government exiled Solzhenitsyn to Zurich. The day before his expulsion from Russia, Solzhenitsyn released the text and eventually made his way to America.In his essay, Solzhenitsyn argued that the totalitarian regime which had silenced a generation of his fellow Russians existed only because lies were allowed a foothold. Out of an understandable desire to conform—“not to stray from the herd, not to set out on our own, and risk suddenly having to make do without the white bread, the hot water heater, a Moscow residency permit”—individuals had allowed crushing authoritarian violence to take over little by little. Liberation was still possible, but it had to begin with the individual and a “personal non participation in lies.” In the essay, Solzhenitsyn calls on his fellow Russians to “stand straight as . . . honest m[e]n” so that the "rule [of the lies] hold not through [us].” Solzhenitsyn’s insight into psychology and human society is evergreen—and well worth revisiting today. Join us for a Fireside Chat to discuss Solzhenitsyn’s famous essay and more. Featuring:Professor Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law Moderator: Hon. Stephanos Bibas, Judge, United States Court of Appeals for the Third Circuit ---To register, click the link above.
Regulating the New Crypto Ecosystem: Necessary Regulation or Crippling Future Innovation?
Jun 27 2022
Regulating the New Crypto Ecosystem: Necessary Regulation or Crippling Future Innovation?
This event is sold out. We will take walk-ins at the door if room becomes available. Cryptocurrency. Decentralized finance. Nonfungible tokens. Once only experts on the cutting edge of financial services were familiar with these terms. Now, with the emergence of digital assets within the global financial system, crypto, DeFi, and NFTs are becoming part of the mainstream financial services lexicon. The rapidly emerging crypto ecosystem faces uncertainty within a regulatory regime designed for very different institutions and securities. In response, on March 9, 2022, President Biden issued an executive order, “Ensuring Responsible Development of Digital Assets,” which ordered agencies to submit policy recommendations based upon multiple principles such as: providing consumer protection, ensuring U.S. financial system stability, mitigating systemic financial risk, responsibly developing digital assets, and examining the creation of a U.S. Central Bank Digital Currency (CBDC). Supporters of increased financial regulation over cryptocurrency see this as a necessity to provide security essential to ensuring financial stability and consumer protection within the digital asset space. Others view these federal regulatory efforts as a threat to future opportunities for economic innovation. SEC Commissioner Hester M. Peirce and an expert panel including Jerry Brito, Ryan Selkis, C. Todd Phillips, moderated by J.W. Verret, will address current and future efforts at regulation of cryptocurrency and its implications for innovation, financial stability, and consumer protection. Schedule:12:00pm - Lunch12:30pm - Opening RemarksHon. Hester M. Peirce, Commissioner, United States Securities and Exchange Commission12:45pm - PanelRyan Selkis, Co-Founder and CEO, MessariTodd Phillips, Director, Financial Regulation and Corporate Governance, Center for American ProgressJerry Brito, Executive Director, Coin CenterModerator: Prof. J.W. Verret, Associate Professor of Law, Antonin Scalia Law School, George Mason University Lunch will be provided. The event is free, but advance registration is required.This event will be livestreamed on the web page. Registration is not required to watch the livestream.
Regulating the New Crypto Ecosystem: SEC Commissioner Hon. Hestor M. Peirce
Jun 27 2022
Regulating the New Crypto Ecosystem: SEC Commissioner Hon. Hestor M. Peirce
Cryptocurrency. Decentralized finance. Nonfungible tokens. Once only experts on the cutting edge of financial services were familiar with these terms. Now, with the emergence of digital assets within the global financial system, crypto, DeFi, and NFTs are becoming part of the mainstream financial services lexicon. The rapidly emerging crypto ecosystem faces uncertainty within a regulatory regime designed for very different institutions and securities. In response, on March 9, 2022, President Biden issued an executive order, “Ensuring Responsible Development of Digital Assets,” which ordered agencies to submit policy recommendations based upon multiple principles such as: providing consumer protection, ensuring U.S. financial system stability, mitigating systemic financial risk, responsibly developing digital assets, and examining the creation of a U.S. Central Bank Digital Currency (CBDC). Supporters of increased financial regulation over cryptocurrency see this as a necessity to provide security essential to ensuring financial stability and consumer protection within the digital asset space. Others view these federal regulatory efforts as a threat to future opportunities for economic innovation. At a live Regulatory Transparency Project event, SEC Commissioner Hester M. Peirce addressed current and future efforts at regulation of cryptocurrency and its implications for innovation, financial stability, and consumer protection. Featuring:Hon. Hester M. Peirce, Commissioner, United States Securities and Exchange CommissionIntroduction: Moderator: Prof. J.W. Verret, Associate Professor of Law, Antonin Scalia Law School, George Mason University
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act: Is this the beginning of the end of mandatory employment arbitrat
Jun 27 2022
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act: Is this the beginning of the end of mandatory employment arbitrat
The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” amended the Federal Arbitration Act to bar mandatory employment arbitration agreements covering sexual harassment and sexual assault claims. This program will feature Prof. Alexander J.S. Colvin and G. Roger King who testified before Congress as the legislation was being considered (see here and here respectively, for their written testimony). The panel will discuss the new statute, its intended purposes, and its impact more broadly on mandatory employment arbitration. The program will also cover why sexual harassment and assault claims, in particular, have been excluded from mandatory arbitration. Will this exclusion for such claims remain unique under the FAA or will it lead towards a ban on mandatory arbitration for employment claims generally? How does the Act connect to the more general issue of class, collective, and joint action waivers in predispute arbitration, and will the Act impact the mass filing strategy that plaintiff side firms are increasingly using?Featuring:Prof. Alexander J.S. Colvin, Kenneth F. Kahn '69 Dean and Martin F. Scheinman Professor of Conflict Resolution, School of Industrial and Labor Relations, Cornell UniversityG. Roger King, Senior Labor and Employment Counsel, HR Policy AssociationModerator: Christopher C. Murray, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Panel 2 - Better Believe It: Free Exercise and the First Amendment
May 31 2022
Panel 2 - Better Believe It: Free Exercise and the First Amendment
Leading the charge for abolition during the Civil War-era, among others, were abolitionists with deeply held religious beliefs. Today, virtually everyone supports religious liberty and virtually everyone opposes discrimination. But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? Or when anti-discrimination laws unjustly constrain religious liberty? How do we promote the common good while respecting conscience in a diverse society? For example, many religious liberty questions have arisen in response to the redefinition of marriage, such as when bakers, florists, and photographers who do not wish to prove same-sex wedding services and charge for discrimination. This conflict extends well beyond the LGBT arena, notably in the abortion debate. What counts as discrimination, when is it unjust, and when should it be unlawful? Should the law give religion and conscience special protection at all, and if so, why? Might the protection of religious liberty for all serve the ever so pressing need to calming fear and polarization in today’s society?Speakers:Prof. Thomas C. Berg, James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of LawJustin Edward Butterfield, Deputy General Counsel, First Liberty InstituteD. John Sauer, Solicitor General, MissouriModerator: Hon. James C. Ho, Judge, United States Court of Appeals, Fifth Circuit