FedSoc Events

On December 10, 2019, the Regulatory Transparency Project hosted an event at the National Press Club in Washington, DC. The title of the event was "What's Next for Fannie, Freddie, and Housing Finance Reform?" The Federal Housing Finance Agency (FHFA) oversees the administration of both Freddie Mac and Fannie Mae. What's next for the agency? What are the priorities that the agency should be pursui...

On November 14, 2019, the Federalist Society's Federalism & Separation of Powers Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "Horizontal Federalism: May States Project Their Sovereignty Beyond Their Borders?". The Supreme Court's recent decision in Franchise Tax Bd. v. Hyatt (overturning Nevada v. Hall) en...

On November 16, 2019, the Federalist Society's Federalism & Separation of Powers Practice Group held a special session for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The session covered "Executive Power vs. Congressional Power". There are a number of currently unfolding battles, involving important constitutional issues, between Congress and the Executive Br...

On November 16, 2019, the Federalist Society's practice groups held a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "51 Imperfect Solutions for the Ethical Practice of Law. The practice of law in the United States is not monolithic. Each state establishes its own rules of professional conduct. This form of federalism allows states to s...

On November 15, 2019, the Federalist Society's International & National Security Law Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "Economic Law & Policy as a tool of National Security". Since the wars in Iraq and Afghanistan, the U.S. has shifted from large-scale military interventions to the use of eco...

On November 15, 2019, the Federalist Society's Free Speech & Election Law Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "Freedom of Speech and Private Power". Should the government protect speech against private power, and not just governmental power? Many states restrict private employers’ ability to...

On November 15, 2019, the Federalist Society's practice groups hosted a special session for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "Originalism, Populism, and the Second Amendment Right to Keep and Bear Arms". The Second Amendment has again become a topic of national discussion in recent years. Mass shooting tragedies of this past year ca...

On November 15, 2019, the Federalist Society's Civil Rights Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel covered "Stare Decisis in Civil Rights Cases". Stare decisis is generally regarded as a stronger force when applied to statutes than it is in constitutional law. The standard rationale is that it is much easier for th...

On November 15, 2019, the Federalist Society's Financial Services & E-Commerce Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel covered "Money and the Constitution". Money. We all use it, for exchange, for store of value, for identifying prices, and many other purposes and exercises. In the United States, and under our C...

On November 14, 2019, the Federalist Society's Religious Liberty Practice Group held a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panelists discussed "The Future of the Establishment Clause in the Roberts Court". This panel will address the meaning of the American Legion v. American Humanist Association decision regarding the Bladensburg Peace Cros...

On November 14, 2019, the Federalist Society's Criminal Law & Procedure Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "The Wisdom and Legality of Sanctuary Cities". The issue of sanctuary cities has increasingly been in the news in recent years. The Trump administration has threatened to cut off funds to san...

On November 14, 2019, the Federalist Society's Administrative Law & Regulation Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The title of the panel was "Nondelegation after Gundy: Are We Waiting for Godot?". Contrary to the expectations of some, the U.S. Supreme Court’s June decision in Gundy v. United States did not rein...

On November 14, 2019, the Federalist Society's Intellectual Property Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "Originalism and Changes in Technology". Police track criminal suspects using cell phone data and GPS devices attached to their cars. Social media and other electronic publishing platforms allow eve...

Over the last decade, the U.S. Supreme Court has repeatedly recognized the primacy of the Federal Arbitration Act (FAA) by enforcing the terms of arbitration agreements in the employment, consumer and other contexts – including mandatory and class action waivers. The FAA encourages a mechanism for the resolution of disputes that most recognize as quicker and less expensive than courts. Some...

On November 14, 2019, the Federalist Society's Corporations, Securities, & Antitrust Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposals". Robert Bork’s consumer welfare paradigm, which has influenced the evol...

On November 14, 2019, the Federalist Society's Litigation Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The title of the panel was "Is It Time to End Life Tenure for Federal Judges?". The framers of our Constitution jealously guarded the independence of federal judges, and the principal means they selected for doing so was to confe...

On November 14, 2019, the Federalist Society hosted a showcase panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The title of the panel was "What is Originalism?" While originalism is on the rise today, its content has become fractal with different views of what are the methods of determining a constitutional provision's meaning. This panel would look at the...

On November 15, 2019, the Federalist Society's Telecommunications & Electronic Media Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel explored "The Future of Telecommunications Law and Policy". In an era of unprecedented technological change and relentless innovation, what is the proper role of regulators in competition...

On November 16, 2019, the Federalist Society hosted the fourth showcase panel of the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "Originalism and Precedent." The Supreme Court has decided hundreds of cases, many of which do not seem to square with the original meaning. How much account, if any, should originalism take account of precedent. Are the...

On November 15, 2019, the Federalist Society hosted the second showcase panel of the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The topic of the panel was "Why, or Why Not, Be an Originalist?" There are a variety of arguments for following originalism today, such as justifications rooted in language, positivism, sovereignty, and consequences. This panel would look a...

On November 16, 2019, the Federalist Society hosted the third showcase panel of the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel explored the question "Does Originalism Protect Unenumerated Rights?". Does the original meaning of any constitutional provision protect fundamental rights? Substantive Due Process had been a target of originalists, but is it fair...