This panel will evaluate efforts in the Biden administration, building upon executive actions dating back to the Clinton administration, to refocus federal agencies in a “whole of government” manner on “environmental justice” (EJ). The Civil Rights Act and various executive orders are cited as the primary legal support for these initiatives. On this basis, enforcement priorities are being adjusted across all federal agencies. Agency budgets for EJ programs are being increased and new EJ offices opened.The panel will explore the myriad legal, regulatory, and policy issues that arise in this context. It will offer a primer on administration EJ actions, and evaluate the use of disparate impacts under current law as well as related issues.

Environmental Justice, Civil Rights, and the Rule of Law

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.

News

Politics

Zionism: An Indigenous People’s Fight for its Ancient HomelandJudge Altman led us on a journey from 1208 BC (when the Merneptah Stele, the first extra-biblical mention of the People of Israel, was composed) to Israel's current war with Hamas. Along the way, Judge Altman showed that Jews are indigenous to the land of Israel, that Jews have lived in (and often ruled) the land of Israel for thousands of years, and that the State of Israel is a legitimate sovereign over the lands it now governs. Judge Altman also addressed--and refuted--claims that Israel is an apartheid state, that Gaza was in any way occupied by Israel on October 7, and that Jews have obstructed the establishment of a Palestinian state. Finally, Judge Altman explained that Israel's military response to the horrific terror attacks of October 7 was (and remains) proportional under international law.Featuring:Hon. Roy K. Altman, U.S District Court for the Southern District of Florida

Luncheon & Remarks

Perspectives on the Role of the Nation’s Chief Legal OfficerA Conversation with Three U.S. Attorneys General Featuring:Hon. John Ashcroft, Former U.S Attorney General (2001-2005)Hon. William P. Barr, Former U.S Attorney General (1991-1993 and 2019-2020)Hon. Jeff Sessions, Former U.S Attorney General (2017-2018)Moderator: Beth Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; former Assistant Attorney General for the Office of Legal Policy

Banquet Dinner

Lawmakers and courts have been reforming Florida’s tort and insurance laws for decades.  From expansion of insurance bad faith and contraction of comparative fault in the 1990’s, to restrictions on medical malpractice suits in the 2000’s, to changes in tort and insurance litigation in the 2020’s, the legal landscape shifted dramatically.  This panel will examine the latest reforms in the context of recent history, and it will debate where Florida policy should go from here.Featuring:Kansas R. Gooden, Shareholder & Practice Group Leader, Boyd & Jenerette, PAFred Karlinsky, Shareholder and Global Co-chair, Greenberg TraurigWilliam Large, President, Florida Justice Reform InstituteHon. Paul Renner, Speaker, Florida House of RepresentativesProf. Jay Tidmarsh, Judge James J. Clynes, Jr. Professor of Law, University of Notre Dame Law SchoolModerator: Pat Kilbane, Partner, General Counsel & Wealth Advisor, Ullmann Wealth Partners, President of Jacksonville Lawyers Chapter

Panel IV: Florida’s Tort and Insurance Reform: Past, Present, and Future

The panel will discuss how these decisions are transforming the admissions process in higher education and the impact on the legal profession.  Included in the discussion will be the response from academia, the permissible limits of the use of race in admissions after these decisions, and what impact this is expected to have on corporate America and the legal profession. Featuring:Prof. Tracey Maclin, Raymond & Miriam Ehrlich Chair in US Constitutional Law , University of Florida Levin College of LawCameron Norris, Partner, Consovoy McCarthy PLLCDevon Westhill, President and General Counsel, Center for Equal OpportunityModerator: Hon. Meredith Sasso, Justice, Florida Supreme Court

Panel III: Race in Admissions: How SFFA v. Harvard and SFFA v. UNC are Changing Higher Education and the Legal Profession

The state and federal bench has transformed in recent years, with more textualist/originalist judges appointed or elected. These changes are influencing how advocates should prepare to make winning arguments. A panel of jurists and leading litigators will offer their best advice to young advocates in making successful oral arguments and incorporating originalism and textualism into their briefs. They will offer their perspectives on how litigation tactics might change, if at all, at the appellate or trial court levels. They will also discuss why litigators play such a key role in encouraging textualist and originalist decisions.Featuring:Whitney Hermandorfer, Director of Strategic Litigation Unit and Assistant Solicitor General, Office of the Tennessee Attorney GeneralHon. Bobby Long, Judge, 1st District Court of Appeal, FloridaHon. Jay Mitchell, Associate Justice, Alabama Supreme CourtEd Wenger, Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLCModerator: Hon. Kathryn Kimball Mizelle, U.S. District Court, Middle District of Florida

Environmental Justice, Civil Rights, and the Rule of Law

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