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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.
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Panel V: Ownership of Life

Panel V: Ownership of Life

2021-07-1501:53:57

On March 10-11, 1989, the Federalist Society's University of Michigan student chapter hosted the eighth annual National Student Symposium in Ann Arbor, Michigan. The topic of the conference was "Property: The Founding, The Welfare State, and Beyond." The final panel of the conference covered "Ownership of Life."Featuring:Prof. Carl E. Schneider, University of Michigan Law SchoolProf. Peter H. Schuck, Yale Law SchoolWalter M. Weber, Staff Attorney, American Center for Law and JusticeProf. Anita L. Allen, Georgetown University Law CenterModerator: Prof. Patricia D. White, University of Michigan Law School*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Then-Senator Biden said in 2005 that “American citizens have benefited from the Senate’s check on the excesses of the majority” with “minority protections” through the filibuster. Now, however, President Biden believes the filibuster is being abused and, potentially, impeding democracy. Is Senator Biden or President Biden right? Recent pressure from the press and powerful interest groups on the left seem to agree with President Biden and are urging senators to cast aside their centuries-old tradition of parliamentary procedure in favor of simple majority rule. Should they? What are the consequences if the Senate exercises the nuclear option? Can the Senate still act as our cooling saucer and protect against the “excesses of the majority” without the filibuster?Featuring:Senator Jon Kyl, Senior Advisor, Covington & Burling, and former United States Congressman and SenatorMartin Gold, Partner, Capitol Counsel LLCModerator: Peter Roskam, Partner, Sidley Austin, and former Congressman, Illinois’ 6th Congressional District* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Bank accounts provide access not only to credit but basic banking and payment services, such as checking and savings accounts. In January 2021, Florida’s Bank United closed Donald Trump’s personal bank account. Other banks have cut off other individuals seemingly because of their political views and have been pressured by activist groups to cut off funding to politically-disfavored industries, such as fossil fuels. These steps follow on the back of the Obama Administration’s Operation Choke Point initiative, under which bank regulators used its supervisory power to de-bank various legal industries such as payday lenders, firearms dealers, home-based charities, and allegedly racist materials. Today, banks have increasingly acted on their own initiative to effectively operate a new voluntary form of Operation Choke Point.On June 8, 2021, the Federalist Society's Silicon Valley and San Francisco lawyers chapters hosted a discussion on the growing problem of “cancel culture” in the banking industry and what steps should be considered to address it as well as the more general implications for other heavily regulated but crucially important industries beyond banking services.Featuring: John Allison, former CEO of BB&T Corp. & former CEO, Cato InstituteTodd Zywicki, Senior Fellow, Cato Institute & George Mason University Foundation Professor of Law, Antonin Scalia Law School Moderator: Daniel Wheeler, CEO, Sunstone Trust Company* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
On March 10-11, 1989, the Federalist Society's University of Michigan student chapter hosted the eighth annual National Student Symposium in Ann Arbor, Michigan. The topic of the conference was "Property: The Founding, The Welfare State, and Beyond." The conference's fourth panel discussed "Intellectual and Informational Property Rights."Featuring:Prof. Stephen L. Carter, Yale Law SchoolJudge Frank H. Easterbrook, U.S. Court of Appeals, Seventh CircuitProf. Edmund W. Kitch, University of Virginia School of LawModerator: Dean Lee C. Bollinger, University of Michigan Law School*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On March 10-11, 1989, the Federalist Society's University of Michigan student chapter hosted the eighth annual National Student Symposium in Ann Arbor, Michigan. The topic of the conference was "Property: The Founding, The Welfare State, and Beyond." The second day of the conference continued with a discussion on "Regulation and Property: Allies or Enemies?"Featuring:Prof. Robert C. Ellickson, Yale Law SchoolProf. James E. Krier, University of Michigan Law SchoolGale A. Norton, Pacific Research InstituteProf. Richard B. Stewart, Harvard Law SchoolModerator: Judge Douglas H. Ginsburg, U.S. Court of Appeals, D.C. Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On March 10-11, 1989, the Federalist Society's University of Michigan student chapter hosted the eighth annual National Student Symposium in Ann Arbor, Michigan. The topic of the conference was "Property: The Founding, The Welfare State, and Beyond." The second day of the conference commenced with a discussion on "Property and the Constitution."Featuring:Prof. Akhil Amar, Yale Law SchoolCharles Fried, Harvard Law SchoolProf. Jeremy Rabkin, Cornell UniversityProf. Frederick Schauer, University of Michigan Law SchoolModerator: Judge Stephen F. Williams, U.S. Court of Appeals, DC Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On June 9, 2021, The Federalist Society's Pittsburgh, Harrisburg, New Jersey, Delaware, and Philadelphia Lawyers Chapters hosted a debate about various proposals to transform the Supreme Court.Is it time to pack the Supreme Court? With the appointments of Justices Gorsuch, Kavanaugh, and Barrett, many progressives are demanding structural changes to the nation's highest court. Members of Congress have proposed adding justices, establishing term limits, and even stripping the Court's jurisdiction. President Biden has assembled a commission to make proposals. Featuring: Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis NetworkProf. Ryan Doerfler, Professor of Law, University of Chicago Law School Moderator: Louis Capozzi, Law Clerk to the Honorable J. Harvie Wilkinson at U.S. Courts of Appeals* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
On March 10-11, 1989, the Federalist Society's University of Michigan student chapter hosted the eighth annual National Student Symposium in Ann Arbor, Michigan. The topic of the conference was "Property: The Founding, The Welfare State, and Beyond." The first day of the conference concluded with a debate on "Liability: The New 'New Property.'"Featuring:Peter Huber, The Manhattan InstituteProf. Joseph A. Page, Georgetown University Law CenterModerator: Judge Alex Kozinski, U.S. Court of Appeals, Ninth Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On March 10-11, 1989, the Federalist Society's University of Michigan student chapter hosted the eighth annual National Student Symposium in Ann Arbor, Michigan. The topic of the conference was "Property: The Founding, The Welfare State, and Beyond." The conference opened with a panel on "The Idea of Property."Welcoming Remarks:Dean Lee C. Bollinger, University of Michigan Law SchoolIntroduction: David Di Rita, Co-President, The Federalist Society's University of Michigan ChapterPanel Featuring:Prof. Richard Epstein, University of Chicago Law SchoolProf. William I. Miller, University of Michigan Law SchoolProf. Jeffrey Paul, Bowling Green State UniversityProf. Carol M. Rose, Northwestern University School of LawModerator: Tom Bethell, Columnist, American Spectator*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On May 28, 2021, the Federalist Society's Central Kentucky Lawyers Chapter featured the first installment of a six-part series in which former clerks interview Sixth Circuit judges. The online interview featured Judge Danny Boggs and his former clerk, Prof. Josh Blackman.Featuring: Judge Danny J. Boggs, Judge, United States Court of Appeals, Sixth CircuitProf. Josh Blackman, South Texas College of Law Houston; former clerk for Judge BoggsIntroduction: Carmine G. Iaccarino, Executive Director, Office of Civil & Environmental Law, Kentucky Office of Attorney General; The Federalist Society's Central Kentucky Lawyers Chapter* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
On May 19, 2021 the Nashville and Chattanooga Lawyers Chapters co-hosted a discussion on the free exercise clause from Employment Division v. Smith to Fulton v. City of Philadelphia.Featuring: Lori Windham, Senior Counsel at The Becket Fund for Religious Liberty (lead counsel in Fulton v. City of Philadelphia, Little Sisters of the Poor v. Azar, Burwell v. Hobby Lobby, and Hosanna-Tabor Evangelical Lutheran School v. EEOC)Prof. Richard W. Garnett, Paul J. Schierl/Fort Howard Corporation Professor of Law and Political Science & Director, Program on Church, State & Society, Notre Dame Law SchoolProf. Kody Cooper, Assistant Professor, Department of Political Science and Public Service, University of Tennessee at ChattanoogaModerator: Hon. Katherine A. Crytzer, United States District Judge for the Eastern District of TennesseeIntroductions: Alan Jackson, Spears, Moore, Rebman & Williams, P.C.; The Federalist Society's Chattanooga Lawyers Chapter* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
On March 4-5, 1988, The Federalist Society's University of Virginia student chapter hosted the National Student Symposium in Charlottesville, Virginia. The topic of the conference was "Are There Unenumerated Constitutional Rights? The third panel featured a discussion of "The Modern Role of the Privileges or Immunities Clause."Featuring:Michael K. Curtis, Smith, Patterson, Follin, Curtis, Jones and HarkavyProf. Lino Graglia, University of Texas School of LawProf. Sanford Levinson, University of Texas School of LawClarence Thomas, Chairman, Equal Employment Opportunity CommissionModerator: Judge J. Harvie Wilkinson, III, U.S. Court of Appeals, Fourth Circuit*******As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
On May 7, 2021, the Federalist Society's Ohio lawyers chapters hosted the 2021 Ohio Chapters Conference in Columbus, OH. The third and final panel covered "Departmentalism: What is the Executive Role in Interpreting Laws?".Thomas Jefferson ordered U.S. Attorneys not to enforce the Alien & Sedition Act, not based upon a judicial finding that it was unconstitutional (indeed, the courts were split on the question), but based upon his independent determination that it was unconstitutional. What role do state executives and Attorneys General play in interpreting laws? How far do the duties to defend laws and the duties to enforce laws extend?Featuring:Hon. Dave Yost, Ohio Attorney GeneralProf. Jonathan Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of LawEdward Whelan, President, Ethics and Public Policy CenterModerator: Judge Chad Readler, United States Court of Appeals, Sixth CircuitClosing RemarksJustice R. Patrick DeWine, Ohio Supreme CourtIntroduction: Robert Alt, President & CEO, The Buckeye Institute*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On May 7, 2021, the Federalist Society's Ohio lawyers chapters hosted the 2021 Ohio Chapters Conference in Columbus, OH. The conference's penultimate panel was titled "View from the Bench: Newly Confirmed Judges Share Their Perspectives."Last year, three new district judges were confirmed to Ohio’s two federal district courts. We look forward to hearing their perspectives on their transition to serving in the role of an Article III judge and their advice for practitioners, law students, and others on federal practice and the work of the courts. Featuring:Judge J. Philip Calabrese, United States District Court, Northern District of OhioJudge James R. Knepp II, United States District Court, Northern District of OhioJudge Michael J. Newman, United States District Court, Southern District of OhioModerator: Judge Eric E. Murphy, United States Court of Appeals, Sixth CircuitIntroduction: Patrick T. Lewis, President, Cleveland Lawyers Chapter*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On May 7, 2021, the Federalist Society's Ohio lawyers chapters hosted the 2021 Ohio Chapters Conference in Columbus, OH. The keynote address was presented by Judge Janice Rogers Brown.Featuring:Judge Janice Rogers Brown, United States Court of Appeals, District of Columbia Circuit (ret.)Introduction: Senior Judge Alice Batchelder, United States Court of Appeals, Sixth CircuitIntroduction: Lisa Ezell, Vice President & Director, Lawyers Chapters, The Federalist Society*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On May 7, 2021, the Federalist Society's Ohio lawyers chapters hosted the 2021 Ohio Chapters Conference in Columbus, OH. The first panel covered "Interpreting State Constitutions."How should state constitutions be interpreted? Should terms that mirror those in the U.S. Constitution be interpreted coterminously? This panel explores varying approaches to interpreting state constitutions, as well as the similarities and differences between the interpretation of state constitutions and the U.S. Constitution.Opening Remarks:Judge Matthew R. Byrne, Ohio Court of Appeals, Twelfth DistrictFeaturing:Judge Sharon Kennedy, Ohio Supreme CourtJudge Clint Bolick, Arizona Supreme CourtLarry Obhof, Former President of the Ohio Senate; Partner, Shumaker, Loop & Kendrick LLPModerator: Judge Jeffrey S. Sutton, United States Court of Appeals, Sixth Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On April 22, 2021, the Federalist Society's George Mason Student Chapter, the Regulatory Transparency Project, and the Global Antitrust Institute cosponsored an event regarding "(Un)Civil War: The Future of Conservative Antitrust."Featuring:Prof. Joshua D. Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law School at George Mason UniversityProf: John Yun, Associate Professor of Law, Antonin Scalia Law School at George Mason UniversityIntroduction: Sydney Dominguez, President, The Federalist Society's George Mason Student Chapter* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
On January 27, 2000, The Federalist Society hosted a presentation by Prof. Joseph A. Grundfest on "Latest Trends and Emerging Issues in Securities Class Action Litigation" in San Francisco, CA.Featuring:Prof. Joseph A. Grundfest, Stanford Law School*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On November 30- December 1, 1990, the Federalist Society hosted its annual National Lawyers Convention at the Hotel InterContinental in New Orleans, Louisiana, titled "Legal Systems in Transition: New Directions for Eastern Europe." The conference's fourth panel explored "The Judiciary and the Role of the Rule of Law."Featuring:Prof. Mirjan Damaska, Yale Law SchoolDr. Gabor Halmai, University of Budapest and The Constitutional Court of HungaryDaniel Kroupa, Legislature of the Czech and Slovak Federative RepublicMichael Novak, Senior Scholar, American Enterprise InstituteModerator: Judge Alvin B. Rubin, United States Court of Appeals, Fifth Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
On April 14, 2021, the Federalist Society's Philadelphia Lawyers Chapter hosted Prof. Ilan Wurman to discuss his new book, The Second Founding: Originalism and the Fourteenth Amendment.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 talk, Ilan Wurman, an associate professor at the Sandra Day O’Connor College of Law at Arizona State University, 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. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law at Arizona State UniversityModerator: Matthew J. Hank, Shareholder, Littler Mendelson P.C.; The Federalist Society's Philadelphia Lawyers Chapter * * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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