FedSoc Events

Environmental law and policy raise profound questions about Congress's role and responsibilities. Many environmental regulatory statutes leave the Environmental Protection Agency with broad discretion. Although these grants of discretion create flexibility and take advantage of EPA expertise, they also invite congressional passivity, create administrative problems, and increase special-interest pressures on the EPA and Congress alike. Congressional-EPA relations matter now more than ever because many major federal environmental laws are now more than 40 years old. The EPA is using currently enabling language from old environmental organic acts to regulate global climate change and other cutting-edge problems. What are the proper relations between Congress and the EPA? If these relations are out of alignment, can Congress realign them and how? Panelists will explore these questions with examples ranging from hydrofracturing through clean water and clean air regulation. -- This panel was presented at the 2015 National Lawyers Convention on Saturday, November 14, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Prof. Eric R. Claeys, Professor of Law, George Mason University School of Law; Mr. Matt Leggett, Policy Counsel on Energy, Environment, and Agriculture, U.S. Senate Republican Policy Committee; Prof. Nicholas A. Robinson, University Professor on the Environment, and Kerlin Professor Emeritus, Pace University School of Law; and Prof. David Schoenbrod, Trustee Professor of Law, New York Law School. Moderator: Hon. Steven M. Colloton, U.S. Court of Appeals, Eighth Circuit.

Over the years, and especially recently, it appears as though members of Congress primarily need to avoid offending constituents if they wish to stay in office. There are few rewards for genuine political leadership or the hard-nosed political deals that are oftentimes crucial to good governance. “Passing the buck" to the Executive branch, usually in the form of the Administrative State or even to the Judiciary seems less effective but more prudent. Are the incentives for members of Congress deleterious to its overall function? Is it possible to effectively change them? -- This panel was presented at the 2015 National Lawyers Convention on Saturday, November 14, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Hon. Howard L. Berman, Former U.S. Representative, California’s 28th Congressional District, Senior Advisor, Covington & Burling LLP; Prof. James W. Ceaser, Professor of Politics, University of Virginia; Prof. Michael S. Greve, Professor of Law, George Mason University School of Law; Prof. Frances E. Lee, Professor, University of Maryland; Prof. Richard H. Pildes, Sudler Family Professor of Constitutional Law, New York University School of Law; and Mr. Matthew L. Wiener, Executive Director, Administrative Conference of the United States. Moderator: Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit. Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society.

On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara K. Olson was murdered in the terrorist attacks against the United States as a passenger on the hijacked American Airlines flight that was flown into the Pentagon. The Federalist Society established this annual lecture in Barbara's memory because of her enormous contributions as an active member, supporter, and volunteer leader. Solicitor General Theodore B. Olson delivered the first lecture in November 2001. The lecture series continued in following years with other notable individuals. In 2015, Senator Tom Cotton of Arkansas delivered the lecture. He was introduced by Mr. Eugene B. Meyer, President of the Federalist Society.

Most would agree that the world is unsettled, with hotspots in the Middle East, North Korea, the South China Sea, and the Ukraine, to name but a few. Terrorism has complicated international relations. But exactly when, and how, should America act to maintain order? Is a muscular and expeditionary style of engagement to be favored over quiet diplomacy? Is more and faster better than less and slower? How contextual should the answers to these questions be? -- This panel was presented at the 2015 National Lawyers Convention on Friday, November 13, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Prof. Colin Dueck, Associate Professor, George Mason University School of Policy, Government, and International Affairs; Mr. Benjamin H. Friedman, Research Fellow in Defense and Homeland Security Studies, Cato Institute; Mr. François-Henri Briard, Supreme Court Attorney (France), Delaporte, Briard & Trichet; and Hon. Mike J. Rogers, Former U.S. House of Representatives, Michigan. Moderator: Mr. Brian H. Hook, former Assistant Secretary of State.

Supporters of mandated disclosure of the source of speech (or of money used to pay for speech) claim it can provide important information to the public and the legal system. But opponents say it violates privacy rights and can also deter the sources from speaking or contributing. -- This debate also applies to reporters' confidential sources. In both situations, disclosure (of who contributed or spent, or who a confidential source was) may provide useful information to voters, prosecutors, civil litigants, judges, or jurors. In both situations, requiring disclosure of the source may deter people from contributing to controversial campaigns or organizations, or from talking to journalists. Politically, people tend to react differently to these reactions – confidentiality of contributors tends to be more supported by conservatives, while confidentiality of journalists' sources tends to be more supported by liberals. But structurally, are these issues similar? This panel will consider both these questions together. -- This panel was presented at the 2015 National Lawyers Convention on Friday, November 13, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Mr. Andrew M. Grossman, Associate, BakerHostetler; Mr. Stephen Klein, Pillar of Law Institute; Mr. Paul S. Ryan, Senior Counsel, Campaign Legal Center; and Hon. Hans von Spakovsky, Manager, Election Law Reform Initiative and Senior Legal Fellow, The Heritage Foundation. Moderator: Hon. Robert P. Young, Jr., Chief Justice, Supreme Court of Michigan. Introduction: Mr. Manuel Klausner, Co-Founder, Trustee, and Legal Advisor, Reason Foundation and General Counsel, Individual Rights Foundation.

Senator Orrin Hatch delivered this address at the 2015 National Lawyers Convention on Friday, November 13, 2015. He was introduced by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.

Many observers of the U.S. financial system increasingly believe that the United States will soon experience another financial crisis – the only questions are when and how bad will it be? With that expectation in mind, the panel could address the following issues: What are the likely early indicators that another crisis is in the offing? What economic conditions are the likely causes of that crisis (rising housing prices, the reemgence of shadow banking, other consequences of Dodd-Frank, crises emanating from other countries, etc.)? What might ignite that crisis? Who will likely be blamed for causing the next crisis and who or what should be blamed? What might be the political/legislative response(s) to the next crisis? What, if anything, can be done to mitigate the consequences of the next financial crisis and possibly even steer the U.S. economy away from future financial crises? -- This panel was presented at the 2015 National Lawyers Convention on Friday, November 13, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Hon. Phil Gramm, Senior Advisor, US Policy Metrics and Former United States Senator; Mr. Frank Medina, Senior Counsel & Director of Research, Better Markets; Ms. Karen Shaw Petrou, Managing Partner, Federal Financial Analytics, Inc.; and Prof. J.W. Verret, Assistant Professor of Law, George Mason University School of Law. Moderator: Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit.

If we accept the premise that government, and government power, is growing, then the stakes for elective office have never been higher. With the levers of power at stake, are we seeing an increase in the use of the criminal justice system to attack legitimate political activity? Or are we perhaps seeing the proper policing of increased fraud and abuse by those in the political sphere? In a media climate in which a mere investigation can be fatal to a political campaign or career, what actions are political and what actions are criminal, and who should decide? -- This panel was presented at the 2015 National Lawyers Convention on Friday, November 13, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Mr. Todd P. Graves, Partner, Graves Garrett LLC; Mr. Edward T. Kang, Partner, Alston & Bird LLP; Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law; and Mr. Peter R. Zeidenberg, Partner, Arent Fox LLP. Moderator: Hon. Raymond W. Gruender, U.S. Court of Appeals, Eighth Circuit. Introduction: Mr. John G. Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies, and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, The Heritage Foundation.

Criminal justice and policing reform are much in the news lately, sparked by events that garner national media coverage. This panel will assess the need for reform, and the road forward. How do media narratives about policing square with the empirical evidence? What are the most effective methods of policing, and how can they best be promoted? What is the proper way to balance police activity and the crime rate? In the current atmosphere, is legitimate police activity chilled? Must law enforcement officers responding to calls pause to consider their potential personal liability? -- This panel was presented at the 2015 National Lawyers Convention on Friday, November 13, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Mr. Arthur Loevy, Partner, Loevy & Loevy; Mr. Tim Lynch, Director, Project on Criminal Justice, The Cato Institute; Dr. David B. Muhlhausen, Research Fellow in Empirical Policy Analysis, Center for Data Analysis, The Heritage Foundation; Mr. Michael P. Tremoglie, Former Philadelphia Police Officer; and Mr. Robert L. Woodson, Sr., Founder and President, Center for Neighborhood Enterprise. Moderator: Hon. David Stras, Associate Justice, Supreme Court of Minnesota. Introduction: Hon. Gail Heriot, Professor of Law, University of San Diego School of Law.

Clearly, we live in a very different society from that of the founding period. Size of both population and territory, speed of communication, and America's role in the world are but three examples of many differences. Equally clear is that these changes require adaptation, even if the original design was perfect. But how true have those changes been to the structure and spirit of that design? Have the required changes in practice been consciously or unconsciously used as a way to alter the original conception? What has been lost that would be valuable today? Are there better ways to adjust the Congressional role to major changes in society? Hypothetically, how would Congress handle a greatly increased volume of work in the unlikely event that the size of the government was halved, and could it do so without excessive reliance on the Administrative State? Is Congress dysfunctional today? If so, how can we improve it? -- This panel was presented at the 2015 National Lawyers Convention on Friday, November 13, 2015, at the Mayflower Hotel in Washington, DC. -- Featuring: Mr. Christopher C. DeMuth, Distinguished Fellow, Hudson Institute; Prof. Neal E. Devins, Sandra Day O'Connor Professor of Law, Cabell Research Professor, Professor of Government, and Director, Institute of Bill of Rights Law, William & Mary Law School; Prof. David Mayhew, Sterling Professor of Political Science, Yale University; Prof. Gillian E. Metzger, U.S. Constitutional Law Scholar and Professor of Law, Columbia Law School; and Prof. Neomi Rao, Associate Professor of Law, George Mason University School of Law. Moderator: Hon. Jerry Smith, U.S. Court of Appeals, Fifth Circuit. Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society.