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Author: The Federalist Society

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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.
932 Episodes
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From litigation challenging COVID regulations to the recent legal challenges to state laws regulating transgender surgery and medications to recent actions to reassess the EPA's "Endangerment Finding," important questions have emerged about how courts should evaluate scientific claims. What are the challenges “with appealing and deferring to the authority of the expert class,” as Justice Thomas wrote in his Skrmetti concurrence? What is the role of the judge and the jury in evaluating scientific claims made by the parties? Featuring: Mr. Benjamin M. Flowers, Partner, Ashbrook Byrne Kresge Flowers LLCProf. Michael Gerrard, Professor, Columbia Law School; Faculty Director, Sabin Center for Climate Change LawMr. Rob Johnson, Senior Attorney, Institute for JusticeMr. J.J. Snidow, Partner, Keller Postman LLPModerator: Hon. Jennifer Mascott, United States Court of Appeals, Third CircuitIntroducer: Mr. David Haungs, President, Yale Student Chapter
The advent and rise of AI over the past several years poses radical questions for lawyers and the law. How will AI change the practice of law, including the work of law firms and inside judges’ chambers (“AI for the Law”)? And how should courts respond to the myriad legal issues implicating AI – copyright and beyond (“The Law of AI”)? Do the last five years of legal cases against social media companies tell us anything about the future of AI companies in the courts? Will there be a “techlash” against AI similar to the “techlash” against social media? How might national security concerns inform the AI legal and regulatory landscape?Featuring: Mr. Ryan L. Bangert, Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending FreedomMr. James M. Burnham, Managing Partner, King Street Legal; President, Vallecito CapitalHon. Kevin C. Newsom, United States Court of Appeals, Eleventh CircuitMr. Mike Trinh, Associate General Counsel, OpenAIMrs. Tobi Young, General Counsel, Saronic TechnologiesModerator: Hon. Jennifer Walker Elrod, United States Court of Appeals, Fifth CircuitIntroducer: Mr. Gabriel Powell, President, Notre Dame Student Chapter
What do the tools of originalism teach us about significant immigration legal issues? For example, what was the President’s authority to remove aliens at the time of the Founding? How much of immigration is left to the President versus Congress? What can originalism tell us about immigration and due process? Experts discuss cutting edge issues in immigration law and ask how and whether originalism can help provide answers.Featuring:Prof. Akhil Reed Amar, Sterling Professor of Law and Political Science, Yale Law SchoolProf. Stephanie Barclay, Professor of Law at Georgetown University Law Center & Faculty Co-Director, Georgetown Center for the Constitution, Georgetown University Law CenterMr. Trevor W. Ezell, General Counsel, Office of Texas Governor Greg AbbottMr. Gene P. Hamilton, President & Co-Founder, America First Legal FoundationModerator: Hon. James P. Sullivan, Texas Supreme CourtIntroducer: Ms. Jordan Lamb, Former President, Texas Student Chapter
This year marks the 20th anniversary of the Roberts Court. Many of the Court's most high-profile rulings have occurred this decade—and the decade is only half over. The advocates who argued and won five of the most high-profile rulings of the Roberts Court discuss trends of the Roberts Court; the path to victory in their respective cases; and what is on the horizon for the Roberts Court. Cases discussed include Dobbs, Students for Fair Admissions, Loper Bright, Skrmetti, and Bruen. Featuring:Hon. Paul D. Clement, Partner, Clement & Murphy, PLLCMr. Cameron T. Norris, Partner, Consovoy McCarthy PLLCMr. Matthew Rice, Solicitor General, TennesseeMr. Scott G. Stewart, Solicitor General, MississippiModerator: Hon. Kathryn Kimball Mizelle, United States District Court, Middle District of FloridaIntroducer: Mrs. Morgan Larson, President, Arizona State Student Chapter
Overflow: Hutchins Hall Michigan Law SchoolWe are pleased to announce that the Honorable James C. Ho & Allyson Newton Ho will be the keynote speakers for a Fireside Chat at the Saturday evening banquet.Hon. James C. Ho, Judge, United States Court of Appeals for the Fifth CircuitAllyson Newton Ho, Partner, Gibson, Dunn & Crutcher LLPModerator Katherine Rifiotis Slivensky, Michigan Student Chapter PresidentModerator JJ Marshall, Michigan Student Chapter, Symposium Co-Director
Featuring: Prof. Jamal Greene, Dwight Professor of Law, Columbia Law SchoolProf. Tara Leigh Grove, Professor and Vinson & Elkins Chair in Law, University of Texas School of LawProf. Richard Primus, Theodore J. St. Antoine Collegiate Professor of Law, University of Michigan Law SchoolProf. Amanda Tyler, Thomas David & Judith Swope Clark Professor of Constitutional Law, University of California, Berkeley School of LawProf. Keith E. Whittington, David Boies Professor of Law, Yale Law SchoolModerator: Hon. Raymond Kethledge, Judge, United States Court of Appeals for the Sixth Circuit
Featuring:Prof. Michael W. McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law SchoolProf. Julian Davis Mortenson, James G. Phillipp Professor of Law, University of Michigan Law SchoolModerator: Hon. Joan Larsen, Judge, United States Court of Appeals for the Sixth Circuit
Featuring: Prof. Nicholas Bagley, Thomas G. Long Professor of Law, University of Michigan Law SchoolProf. Emily Bremer, Professor, Notre Dame Law SchoolProf. Jennifer Nou, Ruth Wyatt Rosenson Professor of Law, University of Chicago Law SchoolHon. Paul J. Ray, Director of the Thomas A. Roe Institute for Economic Policy Studies, The Heritage FoundationModerator: Hon. Neomi Rao, Judge, United States Court of Appeals for the District of Columbia Circuit
Featuring:Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director of the Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of LawHon. Justin Amash, former United States Congressman from MichiganProf. Josh Chafetz, Agnes Williams Sesquicentennial Professor of Law and Politics, Georgetown University Law CenterProf. Gillian E. Metzger, Harlan Fiske Stone Professor of Constitutional Law, Columbia Law SchoolAmanda H. Neely, Of Counsel, Gibson Dunn and former General Counsel to Senator Rob PortmanModerator: Hon. Robert J. Luck, Judge, United States Court of Appeals, Eleventh Circuit
Featuring:Prof. Jeffrey Pojanowski, Biolchini Family Professor of Law, Notre Dame Law SchoolProf. Jennifer L. Mascott, Director of the Separation of Powers Institute and Associate Professor of Law, The Catholic University of America Columbus School of LawProf. Nina A. Mendelson, Joseph L. Sax Collegiate Professor of Law and Co-Director of the Environmental and Energy Law Program, University of Michigan Law SchoolProf. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law SchoolProf. Aaron Nielson, Solicitor General of Texas and Professor of Law, Brigham Young University Law SchoolModerator: Hon. Chad A. Readler, Judge, United States Court of Appeals for the Sixth Circuit
Featuring:Prof. John F. Duffy, Samuel H. McCoy II Professor of Law and Director of the Center on Intellectual Property Law, University of Virginia School of LawProf. Christopher J. Walker, Professor, University of Michigan Law SchoolModerator: Sarah Isgur, Senior Editor, The Dispatch
Featuring:Sheldon Gilbert, President and CEO, The Federalist SocietyModerator: Jesse Panuccio, Partner, Boies Schiller Flexner LLP
In recent years the Supreme Court has decided critically important executive power and administrative law cases. From agency deference and adjudication, to presidential immunity, to “jaw boning”—what does it all mean for the future of the presidency and the administrative state the president oversees? How might the country’s new president approach these issues?Featuring:Steven Engel, Partner, Dechert LLPJack Goldsmith, Learned Hand Professor of Law at Harvard UniversitySarah Harris, Partner, Williams & Connolly LLPModerator: Hon. Chad Readler, U.S. Court of Appeals, Sixth Circuit
Featuring:Hon. Gregory J. Katsas, U.S. Court of Appeals, District of Columbia CircuitHon. Barbara Lagoa, U.S. Court of Appeals, Eleventh CircuitHon. Steven J. Menashi, U.S. Court of Appeals, Second CircuitHon. Amul R. Thapar, U.S. Court of Appeals, Sixth CircuitModerator: Hon. Kathryn Kimball Mizelle, U.S. District Court, Middle District of Florida
Nearly twenty five years after the election of Governor Jeb Bush, the Florida state courts have transformed. Previously, many state judges had a more activist, progressive view of the role of a judge. Today, many state judges hold originalist and textualists views of judicial interpretation. Our panel will consider the last 25 years of judicial appointments in Florida, discussing how the roles of the executive, the JNC, and the conservative legal movement have contributed to these transformations. They will discuss how the Florida Supreme Court today differs from the Court that ruled on Bush v. Gore in 2000. Featuring:Jason Gonzalez, Shareholder, Lawson Huck Gonzalez, PLLC and Former General Counsel to Governor Charlie Crist, 2008Ryan Newman, General Counsel to Governor Ron DeSantis, 2021 - 2025Daniel Nordby, Partner, Shutts & Bowen LLP, Former General Counsel to Governor Rick Scott, 2017 - 2019Jesse Panuccio, Partner, Boies Schiller Flexner LLP and Former General Counsel to Governor Rick Scott, 2012 - 2013Raquel “Rocky” Rodriguez, Shareholder, Buchanan Ingersoll & Rooney PC and Former General Counsel to Governor Jeb Bush, 2002 - 2007Moderator: Hon. T. Kent Wetherell II, Judge, U.S. District Court, Northern District of Florida and Former Deputy Solicitor General of Florida, 1999-2002
Opening Fireside Chat

Opening Fireside Chat

2025-03-1248:20

Featuring: Hon. Jeb Bush, Former Governor, FloridaModerator: Raquel “Rocky” Rodriguez, Shareholder, Buchanan Ingersoll & Rooney PC and Former General Counsel to Governor Jeb Bush, 2002 - 2007
Featuring:Prof. Sadie Blanchard, "Adjudicating ESG Reputation," Associate Professor of Law, Notre Dame Law SchoolProf. Benjamin Chen, "What are Linguistic Canons for?," Associate Professor, University of Hong Kong Faculty of LawProf. Robert Leider, "The Individual Right to Bear Arms for Common Defense," Assistant Professor of Law, Antonin Scalia Law School, George Mason UniversityProf. Tyler Lindley, "Reconstructing Section 1983," Associate Professor, Brigham Young University, J. Reuben Clark Law SchoolMr. Luke Schumacher, “A Council of Grand Strategists: The Original Hope, Fear, and Intent of the U.S. Senate in Foreign Affairs,” J.D. Candidate, Stanford Law School and Ph.D Candidate, University of Virginia Department of PoliticsCommenter: Prof. Jud Campbell, Professor of Law, Stanford Law SchoolCommenter: Prof. Tara Leigh Grove, Vinson & Elkins Chair in Law, University of Texas at Austin School of LawCommenter: Prof. Robert Miller, F. Arnold Daum Chair in Corporate Finance and Law, University of Iowa College of LawCommenter: Prof. Brian Slocum, Stearns Weaver Miller Professor, Florida State University College of LawCommenter: Prof. Keith Whittington, David Boies Professor of Law, Yale Law SchoolModerator: Prof. Christina Mulligan, Professor of Law, Brooklyn Law School
This panel will explore the Court’s recent decision in Loper Bright as well as its major questions cases. What impact will overturning Chevron deference have on the major questions doctrine? How do the two doctrinal developments relate? How do they connect to the non-delegation doctrine? These and related questions will be examined.Featuring:Prof. Eric Bolinder, Assisant Professor of Law, Liberty University School of LawProf. Tara Leigh Grove, Vinson & Elkins Chair in Law, University of Texas at Austin School of LawProf. Brian Slocum, Stearns Weaver Miller Professor, Florida State University College of LawModerator: Prof. Ilan Wurman, Julius E. Davis Professor of Law, University of Minnesota Law School
Featuring:Prof. Stephanie Barclay, Professor of Law, Georgetown University Law CenterDean Rachel Rebouché, Kean Family Dean and Peter J. Liacouras Professor of Law, Temple University School of LawProf. Stephen Sachs, Antonin Scalia Professor of Law, Harvard Law SchoolProf. Mary Ziegler, Martin Luther King Jr. Professor of Law, UC Davis Law SchoolModerator: Sherif Girgis, Associate Professor of Law, Notre Dame Law School
Opaque algorithms shape what news stories you see on social media, dictate how artificial intelligence answers prompts, and can even decide whether applicants get a mortgage or a job interview. Amidst claims of algorithmic race, gender, and viewpoint discrimination, more and more individuals of all political affiliations are calling for greater government regulation of algorithms, while regulatory skeptics worry that government intervention will impede important technological innovation. This panel will explore the wisdom of efforts to regulate algorithms and how best to frame concerns about algorithmic errors and bias.Featuring:Prof. Gregory Dickinson, Assistant Professor of Law, University of Nebraska–Lincoln College of LawMr. Dhruva Krishna, Visiting Jurist, University of California Los Angeles School of LawProf. Christina Mulligan, Professor of Law, Brooklyn Law SchoolProf. Eugene Volokh, Thomas M. Siebel Senior Fellow, Hoover Institution and Gary T. Schwartz Distinguished Professor of Law, University of California Los Angeles School of Law Moderator: Prof. Saurabh Vishnubhakat, Professor of Law & Director, Intellectual Property and Information Law Program, Yeshiva University Benjamin N. Cardozo School of Law
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Comments (1)

Denny Gomez

A terrible example. I have seen video of lab tests of that Audi model that supported the claims of victims. Occam's Razor would lead anyone to consider the likelihood of a new technology to create unintended consequences MUCH more likely than that dozens and dozens of unrelated people around the world have engaged in wildly inexplicable behavior. Under what circumstances would someone crash into a whole row of cars? What would cause a person to accelerate into and through the rear wall of their own garage, over the body of their 10 year-old son? (This last happened in one case not mentioned here.) There's plenty of junk science presented in courts. This is a bad example.

Aug 26th
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