FedSoc Forums

The Federalist Society hosts Prof. Beth Van Schaack and Mr. John Bellinger for a discussion about the current treatment of Turkic Muslim civilians by the People's Republic of China ("PRC"), under a policy that the PRC describes as a counter-terrorism campaign but that others have described as a genocide. Prof. Van Schaack is the Acting Director of the International Human Rights Clinic at Stanford Law School, and previously served as the Deputy to the Ambassador-at-Large for War Crimes Issues in the Office of Global Criminal Justice of the U.S. Department of State. Mr. Bellinger is a partner at Arnold & Porter, and previously served as Legal Adviser to the Department of State, as Senior Associate Counsel to the President, and as Legal Adviser to the National Security Council.

Featuring:
-- John B. Bellinger, III, Partner, Arnold & Porter
-- Prof. Beth Van Schaack, Leah Kaplan Visiting Professor in Human Rights, Stanford Law School

On February 8, 1996, President Bill Clinton signed into law the landmark Telecommunications Act of 1996, the most significant revision of the Communications Act since its enactment in 1934. In the 1996 Act’s preamble, Congress declared the statute’s purpose “to promote competition and reduce regulation.” And the conference report accompanying the law stated it was intended “to provide for a pro-competitive, deregulatory national policy framework.” At the signing ceremony, President Clinton’s rhetoric was soaring: “With the stroke of a pen, our laws will catch up with our future.”

Now, a quarter century after the Telecom Act’s passage, we can celebrate the 25th anniversary and acknowledge the achievement, while – with the benefit of hindsight – also taking a critical look at what the 1996 Act actually accomplished and whether it needs updating. This program will address these fundamental questions: (1) what did the 1996 Act get right; (2) what did it get wrong; and (3) should it now be updated or substantially rewritten, and if so, in what way? The Federalist Society's Telecommunications & Electronic Media Practice Group is pleased to host a distinguished panel to address these questions.

Free State Foundation President Randolph May, a former FCC Associate General Counsel with over four decades of experience in the communications law and policy field, will moderate a discussion among experts: Harold Furthgott-Roth, a former FCC commissioner who served as a principal House Commerce Committee staff member working on the 1996 Act; Michelle Connolly, Professor of the Practice in the Economics Department at Duke University who twice served as Chief Economist at the FCC; and Chris Lewis, President and CEO of Public Knowledge who has served as Deputy Director of the FCC’s Office of Legislative Affairs.

Featuring:
-- Michelle Connolly, Professor of the Practice, Duke University; former Chief Economist, Federal Communications Commission
-- Chris Lewis, President & CEO, Public Knowledge; former Deputy Director, FCC Office of Legislative Affairs
-- Hon. Harold Furchtgott-Roth, Senior Fellow and Director, Center for the Economics of the Internet, Hudson Institute; former FCC Commissioner
-- Moderator: Randolph May, President, Free State Foundation; Executive Committee Member, Federalist Society's Telecommunications & Electronic Media Practice Group

The Federalist Society's Intellectual Property Practice Group is pleased to host this panel discussion on the elimination of the injunction presumption by the U.S. Supreme Court's decision in eBay v. MercExchange (2006), and what impact this decision has had on the patent system, especially with respect to the concepts of “efficient infringement,” patent-owner leverage (or lack thereof) and the innovation economy. Our distinguished panelists will offer diverse perspectives on these issues and more.

Featuring:
-- Mr. David Jones, Executive Director, High Tech Inventors Alliance
-- Hon. Paul R. Michel, former Chief Judge, U.S. Court of Appeals, Federal Circuit
-- Prof. Adam Mossoff, Professor of Law, Antonin Scalia Law School, George Mason University; Senior Scholar, Hudson Institute
-- Moderator: Mr. Robert J. Rando, Partner, Taylor English Duma LLP; Executive Committee Member, Federalist Society Intellectual Property Practice Group

During the last weeks of the Trump Administration’s Treasury Department, the Financial Crimes Enforcement Network (FinCen) unveiled a rule that received more comments than any other proposal in FinCen’s history. Over seven thousand commentors weighed in, despite only a 15-day comment-period stretching over the Christmas and New Year’s Day holidays. The proposed rule would impose certain Bank Secrecy Act reporting requirements on unhosted virtual currency wallets. (An unhosted wallet is the digital equivalent of a physical wallet, whereas a hosted wallet is the equivalent of a brokerage account.) Opponents argued that the proposed rule violated privacy rights, was ineffective, inhibited innovation, and violated the Administrative Procedures Act. Proponents asserted the proposed rule and its abbreviated review period were necessary to limit money laundering, and other illicit activity.

This disagreement represented a shift in positioning between the virtual currency industry and the regulators. Previously, many virtual currency adherents had argued its unique characteristics made standard regulations inapplicable. Regulators generally disagreed, imposing traditional financial regulatory frameworks such as the Howey-test, know-your-customer, and money transmitter requirements. Now virtual currency advocates claimed they were being singled out unfairly, and instead should be treated as their equivalents in the traditional financial system. Regulators argued that the unique characteristics of virtual currency justified a more stringent approach. This debate has significant consequences for the scope of government, combatting terrorism and other unlawful activity, personal privacy, and the future of money.

Featuring:
-- Sujit Raman, Partner, Sidley Austin
-- Jaikumar Ramaswamy, Head of Risk, cLabs
-- Shannen Coffin, Chair, Appeals and Advocacy, Steptoe
-- Moderator: Paul Watkins, Managing Director, Patomak Global Partners

This teleforum will address the upcoming Eleventh Circuit en banc argument in United States v. Brown, which concerns whether a juror may be removed from a deliberating jury because he prayed for and believed he received the Holy Spirit's guidance in considering the evidence. A district court found that a juror who did so could be removed from service and an Eleventh Circuit panel affirmed the decision. Judge William Pryor wrote a 64-page dissent, in which he argued that the decision demonstrated "a failure to reflect on the nature of prayer" and how it features in religious believers' "everyday way of thinking, speaking, and deciding."
The Eleventh Circuit then granted en banc review in September 2020. Oral arguments are scheduled for February 23, 2021. Lea Patterson of First Liberty Institute joins us to discuss the case and its implications.
Featuring:
Lea Patterson, Counsel, First Liberty

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

This teleforum will discuss in detail the various provisions contained in the Protecting the Right to Organize (PRO) Act The Act, which increases worker rights, passed the House in last Congress and is expected to be reconsidered in the new Congress. This teleforum will discuss the Act and potential strategies to be utilized by the Biden administration to obtain passage of the PRO Act.

Featuring:
-- Maury Baskin, Shareholder and Co-Chair, Workplace Policy Institute, Littler Mendelson P.C.
-- Moderator: Dean Reuter, General Counsel, Vice President & Director of the Practice Groups, Federalist Society for Law and Public Policy

The Fourteenth Amendment is now over 150 years old. The Supreme Court has long rejected interpreting that Amendment with its original meaning. But what would an originalist interpretation of the Amendment look like? Would it be unworkable for modern problems?
In this teleforum, Profs. Steven Calabresi and Ilan Wurman will discuss Wurman's new book The Second Founding: An Introduction to the Fourteenth Amendment, in which he argues not only that we should reclaim the original meaning of the Fourteenth Amendment, but that doing so would lead to many desirable and surprising results. Professor Wurman argues that the privileges or immunities clause is not, like many originalists claim, a fundamental rights provision, but is instead an antidiscrimination provision. The implications for incorporation, economic liberty, school desegregation, and gay rights may surprise you.
Featuring:
Prof. Steven G. Calabresi, Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law
Prof. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law, Arizona State University; Author, The Second Founding: An Introduction to the Fourteenth Amendment

This call is open to the public and press. Dial 888-752-3232 to access the event.

ABA Model Rule of Professional Conduct 8.4(g) holds it misconduct for an attorney to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination” in connection with the practice of law. Scholars have criticized the Rule as chilling speech on matters of public concern and unlawful viewpoint discrimination; several state attorneys general concluded the rule is unconstitutional. Nevertheless, Pennsylvania adopted a modified version of Rule 8.4(g), including “words or conduct” within its ambit. In Greenberg v. Haggerty (E.D. Pa. 2020), an attorney represented by the Hamilton Lincoln Law Institute obtained a preliminary injunction against Pennsylvania’s enforcement of the rule. Pennsylvania officials have appealed to the Third Circuit. HLLI’s Ted Frank will discuss Rule 8.4(g) and its consequences for speech, the Greenberg decision and appeal, and the prospects for future litigation.
Featuring:
Ted Frank, Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute and the Center for Class Action Fairness.

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

On January 19, 2021, the U.S. Supreme Court heard oral arguments in Federal Communications Commission v. Prometheus Radio Project, an important case involving issues of media ownership. Specifically, the Court will decide whether the U.S. Court of Appeals for the Third Circuit erred in vacating as arbitrary and capricious the Federal Communications Commission orders under review, which relaxed the agency’s cross-ownership restrictions to accommodate changed market conditions.
A distinguished panel joined The Federalist Society on January 25, 2021 to discuss the case, the arguments, and the implications.
Featuring:

Ms. Jane E. Mago, Consultant in Media Policy and Law; former General Counsel, Federal Communications Commission


Hon. Michael O'Rielly, Visiting Fellow, Hudson Institute; former Commissioner, Federal Communications Commission


Mr. Christopher J. Wright, Partner, Harris, Wiltshire & Grannis; former General Counsel, Federal Communications Commission


Moderator: Mr. Lawrence J. Spiwak, President, Phoenix Center for Advanced Legal and Economic Public Policy Studies; Executive Committee Member, Federalist Society's Telecommunications & Electronic Media Practice Group

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As always, the Federalist Society takes no position on matters of legal and public policy. Expressions of opinion are those of the speakers.

After living in relative obscurity since its passage in 1996, the Congressional Review Act caught the nation’s attention in 2017 when a Republican-led Congress and newly-elected President Trump used it to overturn 14 “midnight” regulations issued at the end of the Obama administration. Some prominent Democratic lawmakers opposed the CRA’s framework as well as its individual uses in 2017. Will roles be reversed in 2021 regarding Trump administration "midnight" regulations? Can they be completely reversed? The teleforum will review the mechanics and overriding purposes of the CRA. The technical elements include the law’s expedited congressional procedures, the types of actions covered, time frames for disapprovals, number of votes needed to overturn an action, and the consequences of disapproval.
Featuring:
Todd F. Gaziano, Chief of Legal Policy and Strategic Research and Director, Center for the Separation of Powers, Pacific Legal Foundation
Moderator: Prof. Susan E. Dudley, Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University


Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.