FedSoc Forums

Garland v. VanDerStok concerns whether the ATF's 2022 update to its regulations under the Gun Control Act of 1968, which clarified that federal law requirements that apply to the manufacture and sale of standard firearms also apply to "ghost guns" --readily convertible weapons parts or receiver kits-- exceeds the mandate of the same. The ATF argues it simply clarified what had already been true in...

Professor Ron Rotunda wrote seminal law books that are still used in law schools across the country and was the author of over 500 law review articles and other legal publications. These books and articles have been cited more than 2000 times by law reviews, by state and federal courts at every level, by the U.S. Supreme Court and by foreign courts in Europe, Africa, Asia and South America. He was...

Liquefied natural gas (“LNG”) technology has enabled the United States to become the world’s largest exporter of natural gas in recent years, boosting our allies’ energy security and our own domestic economy and trade balance. Some estimates show that U.S. LNG export capacity will almost double over the next several years as facilities currently under construction come onli...

The National Telecommunications and Information Administration (NTIA) unveiled the National Spectrum Strategy in November 2023 with significant attention and has since introduced an implementation plan. This webinar will delve into potential implementation scenarios, expected outcomes, and how the upcoming presidential election might influence the strategy's execution. Featuring: Jennifer Warren,...

In his new book The Indispensable Right: Free Speech in an Age of Rage, Professor Jonathan Turley turns his attention to current attacks on free speech, analyzing them in the context of the historical, legal, and political traditions of free speech and the First Amendment which frame them. In so doing he discusses the interaction and role of government, academia, media, and others in creating the...

Please join us for a fireside chat with Gwendolyn Cooley, former Chair of the National Association of Attorneys General (NAAG) Multistate Antitrust Task Force (2021-2024) and former Wisconsin Assistant Attorney General (2005-2024). This candid conversation will cover how State Attoneys General work together across administrations, their work with Federal antitrust agencies, and more. Gwendolyn J....

In Laredo, Texas, officials arrested local journalist and regular government critic Priscilla Villarreal for soliciting and receiving “information that has not been made public” with the "intent to obtain a benefit", a felony under a local statute. Ms. Villareal had asked a Laredo police officer for facts about two newsworthy events, which the officer shared and Ms. Villarreal...

For many years, legal scholars have declared that the nondelegation doctrine is dead. Professor Cass Sunstein once quipped that the nondelegation doctrine had only "one good year" and more than 200 "bad ones." But that has changed recently. In 2024, the en banc Fifth Circuit held that the Federal Communications Commision's (FCC) Universal Service Fund is unconstitutional on nondelegation grounds....

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Royal Canin U.S.A. v. Wullschleger, (October 7) -Federalism & Separation of Powers; Whether a post-removal amendment of a complaint to omit federal questions defeats federal-question subject matter jurisdiction pursu...

On June 25, 2024, the Oklahoma Supreme Court ruled that the nation’s first religious charter school, St. Isidore of Seville Catholic Virtual School, was unconstitutional under the Establishment Clause based on its view that the privately operated school was both a government entity and a state actor. This finding of state action also led the court to uphold a state law that expressly bans re...

In Nowhere to Live: The Hidden Story of America’s Housing Crisis, author James Burling describes the interesting history of America's housing market. With stories going back to the Civil War, the early twentieth century, and the “urban renewal” movement of the 1950s, Nowhere to Live argues that a series of governmental mistakes helped to create a current housing crisi...

The Supreme Court recently decided that they will review a case dealing with the Clean Water Act (CWA), which prohibits the pollution of US waters without a National Pollutant Discharge Elimination System (NPDES) permit. In order to comply with the statute, the city of San Francisco was issued a permit by the Environmental Protection Agency (EPA) in 2019. The permit, however, lays down narrative l...

The Bureau of Land Management (BLM) recently adopted comprehensive new land management regulations known as the “Conservation and Landscape Health Rule,” or simply, “the Public Lands Rule.” The rule has spurred litigation challenging the Interior Department’s authority to establish a conservation “overlay” over 245 million acres of federal lands. Some argu...

PowerPoint Slides This program will provide a short introduction to the world of E-Discovery, predominantly in the civil litigation setting. Join us as Prof. Ted Hirt discusses E-Discovery and some related topics: the challenge of "big data," how the Federal Civil Rules deal with E-discovery (including case scheduling and orders), and "proportionality." Additionally, this program will cover topics...

The free speech rights (or lack thereof) of K-12 students has always been a unique area in the realm of First Amendment litigation. Cases like Tinker v. Des Moines Independent Community School District from 60 years ago established that students do not leave their First Amendment rights at the schoolhouse gate, though subsequent cases have articulated that those First Amendment rights are not inhe...

On July 15th, Teamster’s president Sean O’Brien surprised the country by becoming the first head of the nation’s largest labor union to speak at the Republican National Convention. Former president Trump chose J.D. Vance as his running mate, on the same day. Vance, a longtime advocate for disaffected blue-collar workers, reflects a larger populist swing within some pa...

The U.S. Supreme Court continues to shape arbitration law through a strict interpretation of the Federal Arbitration Act (FAA), with each term introducing new nuances. This program will explore Supreme Court decisions from the latest term and examine recent interpretations by federal appeals courts, focusing on their impact on arbitration practice. The panel will offer practical insights into the...

Judicial selection in the states is not uniform, but most states have some form of judicial elections. Some are contested elections--whether partisan or nonpartisan--and some involve uncontested retention elections. During an election, judicial candidates must abide by ethical rules that explicitly restrict their ability to speak freely. What are the implications, if any, for restrictions on judic...

CLE credit for this event is available at On-Demand CLE. DEI (Diversity, Equity and Inclusion) initiatives have become ubiquitous on campuses and in workplaces across the nation, particularly after the death of George Floyd in late May 2020 and the rapid rise of "anti-racism" initiatives. These efforts, frequently using racially exclusionary or derogatory terminology and eligibility, were consider...

The regulatory landscape for Private Funds has changed dramatically over the past decade, culminating in the SEC’s recent Private Fund Advisers regulation, which was recently struck down by the Fifth Circuit. In the wake of this important court decision, what’s next? Will the SEC go back to the drawing board? Is more regulation even needed? What broader implications can we draw...

This event will survey the SEC's current involvement in the cryptocurrency field. The conversation will include best practices for defending against SEC enforcement inquiries or investigations in the crypto industry. It will also examine the proactive legal approaches individuals and companies can take against the SEC, detailing how, when, and why they can bring suit. This discussion will conclude...

Pharmaceutical company Merck & Co., Inc. (Merck) filed a lawsuit against the U.S. Department of Health and Human Services (HHS) challenging the Medicare drug price negotiation program established by the Inflation Reduction Act of 2022. Merck argues that the drug pricing program violates the First Amendment and the Takings Clause of the Fifth Amendment, claiming it forces them to accept governm...

In Gonzalez v. Trevino, the plaintiff, Sylvia Gonzalez, argued that her arrest was a retaliatory action violating her First Amendment rights, stemming from her political activities as a newly elected city council member who had organized a petition to remove the city manager. She contended that she should be allowed to pursue her retaliatory arrest claim based on the circumstances surrounding her...

In Trump v. United States, the Supreme Court addressed the issue of presidential immunity from criminal prosecution for actions taken while in office. Former President Trump's legal team argued that a former president should have absolute immunity from criminal prosecution for official acts performed during their tenure, citing the need for presidents to act boldly without fear of future prosecuti...

Qualified immunity is perhaps the nation’s most controversial legal doctrine. Proponents say qualified immunity is necessary to give government officials—especially police—breathing room to act in split-second situations without fear of lawsuits. By requiring that a right be “clearly established” before an official can be sued for violating it, the doctrine is suppose...