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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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On September 13-14, 1991, the Federalist Society hosted its fifth annual National Lawyers Convention at the Mayflower Hotel in Washington, DC. The conference was titled "Individual Responsibility and the Law." The second panel discussed "Family Law and Individual Responsibility."Featuring:Prof. Elizabeth Fox-Genovese, Department of Women's Studies, Emory UniversityProf. Jane E. Larson, Northwestern Law SchoolMrs. Phyllis Schlafly, President, Eagle ForumMr. Karl Zinsmeister, Adjunct Scholar, American Enterprise InstituteModerator: William Kristol, Chief of Staff to Vice President Dan Quayle*******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 July 19, 2021, the Federalist Society's Financial Services and E-Commerce Practice Group sponsored an online conference titled "The CFPB Turns 10: Evaluating America’s Youngest Federal Financial Regulator." The conference concluded with a panel titled "What Does the CFPB's Future Hold?".The U.S. Supreme Court’s decision in Seila Law last year struck down statutory conditions on the removal of the CFPB Director from office as a violation of the Constitution’s separation of powers. The Biden Administration used this decision to abruptly change the leadership of the CFPB six months ago. This panel will discuss the priorities and actions of the CFPB under this new leadership, and the expected priorities of the agency under its next confirmed Director. The panel will also discuss what should be the future direction of federal consumer financial law and CFPB policy going forward. Specifically, how should the CFPB or consumer law and policy be reformed to improve consumer welfare and the efficient functioning of consumer finance markets? The panelists include a leading national consumer financial services lawyer and two law professors, both of whom also worked for the CFPB.Featuring: Todd Zywicki, Foundation Professor of Law, Antonin Scalia Law School, George Mason University; Center for Monetary and Financial Alternatives, Cato InstituteChris Peterson, John J. Flynn Endowed Professor of Law, University of Utah's S.J. Quinney College of LawNanci Weissgold, Partner, Alston & Bird LLPModerator: Brian Johnson, Partner, Alston & Bird LLP* * * * * 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 July 19, 2021, the Federalist Society's Financial Services and E-Commerce Practice Group sponsored an online conference titled "The CFPB Turns 10: Evaluating America’s Youngest Federal Financial Regulator." The first panel of the conference asked "What is the CFPB's Legacy?".Ten years after first opening its doors, the Consumer Financial Protection Bureau remains one of the most controversial agencies in the federal government. What is it about the agency that continues to inspire partisan passions, and how can the CFPB’s legacy be objectively assessed? This panel will examine the CFPB’s successes and failures over the past decade and evaluate the effect it has had on consumers, industry, and financial markets. The panelists include two former Deputy Directors, each of whom served under both former Director Cordray and former Director Kraninger.Featuring:Tom Pahl, Former Deputy Director, Consumer Financial Protection BureauDavid Silberman, Former Acting Deputy Director and Associate Director for Research, Markets, and Rulemaking, Consumer Financial Protection BureauModerator: Brian Johnson, Partner, Alston & Bird LLP* * * * * 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 July 19, 2021, the Federalist Society's Financial Services and E-Regulation Practice Group sponsored an online conference titled "The CFPB Turns 10: Evaluating America's Youngest Federal Financial Regulator." Former Consumer Financial Protection Bureau (CFPB) Director Kathy Kraninger offered the keynote address, reflecting on her tenure at the CFPB.Featuring:Hon. Kathy Kraninger, Former Director, Consumer Financial Protection BureauModerator: Brian Johnson, Partner, Alston & Bird* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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.
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