FedSoc Forums

Senior officials in the Administration have expressed concern about cryptocurrencies being used for criminal activity and undermining the dollar as the global reserve currency. These concerns have been heightened with the Russian invasion of Ukraine, evasion of sanctions including North Korean sanctions, cyberattacks, and ransomware. Others contend that blockchain transactions are easier to trace...

On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance. In a rare 9-0 decision, the Court vacated and remanded the judgment of the U.S. Court of the Appeals for the Eighth Circuit, holding that federal courts may not adopt an arbitration-specific rule conditioning a finding of waiver of the right to arbitrate on a showing of prejudice to the other party. Though this had been a relative...

This webinar will explore issues raised by the raft of state and federal initiatives on Critical Race Theory and related topics. Issues will include the scope of state authority over the content of education, with special attention to differences between K-12 and public universities. Varying features of state-level CRT bills will be discussed, as well as the characterization of their content from...

On April 28, 2022, The U.S. Supreme Court decided Cummings v. Premier Rehab Keller. The case involved the availability of emotional damages for discrimination on the basis of disability and, more generally, the scope of recoverable damages for private actions under Spending Clause statutes. After the respondent, Premier Rehab, declined to provide a sign language interpreter at Jane Cummings’ physi...

In February of 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due process rights of those who were the subject of DOT en...

The United States is – perhaps now more than ever before – a global energy powerhouse. From oil and gas production to the expansion of new energy technologies, the United States has made gains in achieving long-heralded calls for energy independence and energy security, while also reducing environmental impacts associated with energy production, generation, transportation, and use. Many are callin...

As the Supreme Court prepares to hear two cases this fall that challenge race preferential admissions policies at Harvard University and the University of North Carolina, questions have arisen about how colleges typically use race preferences and whether such use is fair and lawful. This webinar will address how and when race is commonly used in college admissions, whether colleges and universitie...

As the cryptocurrency industry grows, state and federal governments are considering how that industry should be regulated. The President has directed the Secretary of the Treasury to report soon on the issues involved. A draft bill that would regulate stablecoins has been released in the U.S. Senate. Meanwhile, states are competing with one another to adopt regulatory laws that may attract cryptoc...

A Hollywood depiction of the lives of fishermen tells a real life story about how Executive Branch overreach damages American families. Hear from two practitioners challenging the administrative state on these very regulations depicted in “Coda” and learn why telling clients’ stories is critical to reform. Featuring: --Eric Bolinder, Managing Policy Counsel, Americans for Prosperity Foundation; Co...

Central Bank Digital Currencies (CBDC) are the subject of a global debate. In one version, individuals and businesses would hold deposits directly with the central bank. Critics point out that the Federal Reserve would then control how these deposits are used, allocating credit to private-sector borrowers and to government spending, arguing that CBDCs would eviscerate the private banking industry...

On October 21, 2021, the Commodity Futures Trading Commission announced a nearly $200 million whistleblower award, the largest in history. The award was related to more than $3 billion in sanctions by the CFTC and foreign regulators. The award, so large that it emptied the Commodity Futures Trading Commission's fund for whistleblower awards, was criticized as "relating to an action by a foreign fu...

On January 20, 2022, the U.S. Supreme Court decided Hemphill v. New York. In an 8-1 decision, the Court reversed and remanded the judgment of the Court of Appeals of New York, holding that the trial court’s admission—over Hemphill’s objection—of the plea allocution transcript of an unavailable witness violated Hemphill’s Sixth Amendment right to confront the witnesses against him. Justice Sotomayo...

In Thompson v. Clark, the plaintiff sought to bring a civil suit claiming he was the victim of a wrongful seizure after police allegedly entered his apartment without a warrant based on unsubstantiated allegations of child abuse. Thompson was charged with resisting arrest amid the warrantless raid, but prosecutors subsequently elected to drop this criminal case. The question that then arose was wh...

Last fall, Deputy Attorney General Lisa Monaco announced significant changes to Department of Justice policies on corporate criminal enforcement, including the use of monitors, review of prior misconduct, and cooperation. As Monaco stated, "This is a start -- and not the end -- of this administration's actions to better combat corporate crime." These changes and the Administration's formation of a...

This panel will focus on the pros and cons of zoning, its relation to environmental justice, its detrimental (or beneficial) impacts on minorities, and its consistency (or inconsistency) with property rights. Importantly, the discussion will engage with the scope of modern zoning and what, if anything, should be done to alter, increase, or decrease the government's zoning power. Given the rise of...

On March 31, 2022, the U.S. Supreme Court decided Badgerow v. Walters. In an 8-1 decision, the Court reversed and remanded the judgment of the U.S. Court of the Appeals for the Fifth Circuit, holding that Vaden’s “look-through” approach to determining federal jurisdiction does not apply to requests to confirm or vacate arbitral awards under Sections 9 and 10 of the FAA. Justice Kagan delivered the...

On September 16, 2011, President Obama signed the American Invents Act (AIA) into law. The first major overhaul of the U.S. patent system since the 1952 Patents Act, the AIA received overwhelming bipartisan support in both chambers when enacted. But, with the recent ten-year anniversary of the AIA, a new director poised to take the helm at the USPTO, and Congress ramping up debate on reforms to th...

On April 25, 2022, the U.S. Supreme Court will hear oral argument in Kennedy v. Bremerton School District. Bremerton School District in Washington state removed Coach Joe Kennedy from his job as a public high school football coach after kneeling in brief, quiet prayer on the field after football games. Coach Kennedy filed suit alleging that the school district’s ban on “demonstrative religious act...

On March 4, 2022, the U.S. Supreme Court decided United States v. Tsarnaev. In a 6-3 decision, the Court reversed the judgment of the U.S. Court of the Appeals for the First Circuit, holding that the court improperly vacated Dzhokhar Tsarnaev's capital sentences. The Court held that the judge's conduct of voir dire conformed to its precedents and reversed the First Circuit's holding that the judge...

In the modern era, U.S. Supreme Court justices have been cited for what some critics characterize as “controversial” statements, sometimes relating to actual or potential matters before the Court. In some instances, these critiques have been accompanied by calls for recusal in specific cases. More recently, critics have turned to the statements not only of the justices themselves, but of the spous...

A war is raging in Europe. Russia invaded Ukraine on February 24, 2022. Arguing that Ukraine was controlled by nationalists and Nazis, Russia sought to seize major cities including the capitol, Kyiv, and trigger a regime change. After failures to achieve these objectives, Russia now appears to be regrouping its forces to target Ukraine’s eastern region. Russia’s aggression has resulted in signific...

No poaching allowed! No, you have not wandered into a Hunter’s Safety Forum, but rather an in depth discourse regarding the Department of Justice, Antitrust Division’s recent criminal investigations and prosecutions of “No Poach” conduct. These agreements, which generally establish that Company A will not hire Company B’s employees and in exchange Company B agrees to do the same, have been in the...

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases that will be covered are included below. United States v. Washington (April 18) – workers’ compensation; state and federal law Siegel v. Fitzgerald (April 18) – Bankruptcy Judgeship Act; Bankruptcy Clause of the U.S. Constitution George v. McDonough (April 19) – veterans’ cla...

In his recent book John Fisher and Thomas More: Keeping Their Souls While Losing Their Heads, Robert Conrad, who serves as a federal district court judge in the Western District of North Carolina, details the lives, trials, and executions of two Catholic saints who opposed King Henry's bid for ecclesiastical approval of his divorce. Thomas More, an attorney and close advisor to the king, underwent...

Following the prominent events of early 2020, as part of what’s often referred to as a national, racial reckoning, countless institutions altered their policies. Large publicly traded corporations (including Coca-Cola Company, Novartis AG, McDonald’s Corporation, Starbucks Coffee Company, Lowe’s Companies, Inc., NASDAQ, Inc., and much of the financial services industry) rolled ou...