Settings
Light Theme
Dark Theme
Podcast Cover

The Freedom of Thought Podcast

  • Open Minds with Jonathan Mitchell and James Burnham - Part I

    13 MAR 2024 · In the first part of this interview, James Burnham and Jonathan Mitchell discuss his unusual career progression in alternating legal practice and academia, how his experience with consequentialism informs his formalism and textualism, and what's next for the conservative legal movement.
    51m 49s
  • DEIA Initiatives in the Workplace Post-SFFA

    13 MAR 2024 · In June, the Supreme Court held that consideration of applicants’ race in admissions decisions of Harvard and the University of North Carolina violated both the Equal Protection Clause of the Constitution and Title VI of the 1964 Civil Rights Act. Join us as two EEOC Commissioners, Democrat Vice Chair Jocelyn Samuels and Republican Commissioner Andrea Lucas, discuss their respective views on how this decision, the federal law banning employment discrimination (Title VII of the 1964 Civil Rights Act), and EEOC regulations apply to employers’ DEI programs and initiatives. The Commissioners also will discuss their views on related topics such as the benefits and risks related to various categories of DEI programs; how employers should assess the lawfulness of their initiatives; and promising practices and guardrails for employers. Featuring: Jocelyn Samuels, Vice Chair, Equal Employment Opportunity Commission Andrea Lucas, Commissioner, Equal Employment Opportunity Commission Moderator: Kate Comerford Todd, Partner, Ellis George Cipollone
    1h 13m 6s
  • A discussion within the right: Why is there not a larger conservative plaintiffs' bar?

    13 MAR 2024 · For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected officials and liberal causes, while conservative lawyers have largely joined the ranks of defense-side firms. In recent years, large public companies have become increasingly associated with political liberalism, and promoted contentious social issues that many conservatives reject – with biglaw defending them throughout. Given this shift in corporate behavior and business culture, it is reasonable to ask--why haven't more conservatives joined the plaintiffs’ bar that seeks to hold large companies accountable? Is our culture shifting in a fundamental way that will realign the legal profession? Or will the tension between supporting big business and believing in conservative views soon pass? Join us for a discussion that reflects the diversity of perspectives within the right on these questions. Featuring: James M. Burnham, President, Vallecito Capital, LLC Ashley Keller, Partner, Keller Postman Mark Behrens, Co-Chair, Public Policy Group at Shook, Hardy & Bacon L.L.P. Brandon Smith, Chief of Staff, Office of the Tennessee Attorney General Moderator: Andrew Ferguson, Solicitor General of Virginia
    1h 20m 17s
  • Tyranny of an organized minority: Free speech standards in higher education

    13 MAR 2024 · This panel will consider the symmetry and consistency of free speech norms in higher education. Academic norms for free speech are essential to promote the free exchange of ideas. Students and professors must be free to engage with mutual respect while drawing a line at harassment. But has academia failed to recognize consistent speech harassment distinctions? Have there even been decisions that turned on the identities of the group involved? Featuring: Prof. David Bernstein, University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law Jay Edelson, Founder & CEO, Edelson PC Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University Moderator: Marcella Burke, Founder and Managing Partner of Burke Law Group PLLC
    1h 13m 20s
  • Academic Freedom and Freedom of Expression: Will the proposed accreditation standard support freedom of thought at law schools?

    13 MAR 2024 · Recent high-profile incidents at law schools have raised questions about the scope of academic freedom for faculty and freedom of speech for students and faculty. At the suggestion of its Strategic Review Committee, the Council of the ABA's Section of Legal Education and Admissions to the Bar, which is the primary accreditor of American law schools, has put out for comment a proposed new accreditation standard, "Standard 208, Academic Freedom and Freedom of Expression." As the Council describes the core concern behind the proposed standard: “Effective legal education and the development of the law require the free, robust, and uninhibited sharing of ideas reflecting a wide range of viewpoints. Becoming an effective advocate or counselor requires learning how to conduct candid and civil discourse in respectful disagreement with others while advancing reasoned and evidence-based arguments. Concerns about civility and mutual respect, however, do not justify barring discussion of ideas because they are controversial or even offensive or disagreeable to some.” The Freedom of Thought Project has assembled a virtual panel to help illuminate discussion of various questions implicated by the proposed standard. Among other topics, the panel will consider the rationale for the standard put forward by the Council as well as the likely efficacy of the standard. It will also consider the role of accreditation standards in supporting freedom of thought at law schools. Featuring: Prof. Nicole Stelle Garnett, John P. Murphy Foundation Professor of Law, University of Notre Dame Law School Daniel R. Thies, Shareholder, Webber & Thies PC Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law Moderator: Hon. Carlos G. Muñiz, Chief Justice, Florida Supreme Court --- To register, click the link above.
    1h 15m 18s
  • Open Minds with Jonathan Mitchell and James Burnham - Part II

    5 MAR 2024 · In the second part of this interview, James Burnham and Jonathan Mitchell discuss areas where conventional wisdom can be challenged and how he has sought to shift the Overton window in legal discourse. Should legal doctrine eclipse constitutional and statutory text? Join us for a sweeping discussion on equality doctrine, judicial review limitations, private civil enforcement, and more.
    34m 32s
  • NetChoice and the Future of State Regulation of Big Tech

    27 FEB 2024 · A panel of experts from a variety of political perspectives will discuss the range of briefing and arguments in Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton. Featuring: Ryan L. Bangert, Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law Prof. Ganesh Sitaraman, New York Alumni Chancellor's Chair in Law, Vanderbilt University Law School Prof. Zephyr Teachout, Professor of Law, Fordham Law School Moderator: James M. Burnham, President, Vallecito Capital, LLC
    1h 15m 48s
  • Race at Work: Can Businesses Treat People Differently on the Basis of Race?

    12 FEB 2024 · In June of last year, the Supreme Court held that consideration of applicants’ race in admissions decisions of Harvard and the University of North Carolina violated both the Equal Protection Clause of the Constitution and Title VI of the 1964 Civil Rights Act. But what are the implications outside of university admissions? How might this decision affect the interpretation and enforcement of federal laws against discrimination in employment, contracting, and other business practices? Please join us for the first in a series of webinars, as we consider the larger implications of Students for Fair Admissions for employees and businesses. On February 12th, our panelists will consider the continuing relevance of voluntary affirmative action plans under Weber and Johnson, the risks of adopting "diversity" commitments or pressuring outside contractors on diversity metrics, and newer defenses like asserted First Amendment interests in the consideration of race. Featuring: Jason C. Schwartz, Partner, Gibson Dunn & Crutcher Jay Edelson, Founder & CEO, Edelson PC Stacy Hawkins, Professor of Law, Rutgers Law School Jonathan Berry, Managing Partner, Boyden Gray PLLC Moderator: Hon. Gregory G. Katsas, Judge, United States Court of Appeals, District of Columbia Circuit
    1h 18m 42s
  • Competition Policy, Corporate Concentration & Freedom of Thought: Approaching the Draft Merger Guidelines

    16 AUG 2023 · The Department of Justice has just released new Draft Merger Guidelines. What are the implications - not just for how the Draft Guidelines might affect economic questions, but also for freedom of thought and the rule of law? In this afternoon session, Assistant Attorney General Jonathan Kanter and Principal Deputy Assistant Attorney General Doha Mekki will discuss these issues, the development of the Draft Guidelines and what comes next. Featuring: Hon. Jonathan S. Kanter, Assistant Attorney General for the Antitrust Division, U.S. Department of Justice Doha Mekki, Principal Deputy Assistant Attorney General, U.S. Department of Justice Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University Moderator: James M. Burnham, President, Vallecito Capital, LLC
    1h 36m 58s
  • Open Minds: Thinking like a Conservative Plaintiff’s Lawyer - Corporations' Rights and Corporate Power

    26 APR 2023 · Judge Gregory Katsas and Ashley Keller sit down for a wide-ranging discussion of his career as a conservative plaintiff’s lawyer, how he thinks about corporate rights and corporate power, and what Citizens United might say about competing First Amendment interests of corporations and human citizens.
    41m 45s

The Freedom of Thought Podcast: An opportunity to explore the people behind the books, articles, arguments, and events that contribute to the law and public discourse. We interview the scholars...

show more
The Freedom of Thought Podcast: An opportunity to explore the people behind the books, articles, arguments, and events that contribute to the law and public discourse. We interview the scholars and attorneys bringing fresh thinking to new challenges and questions, and ask: what makes you different? What are the convictions behind your engagement on controversial questions? How has your work shaped your thinking, and how have your ideas evolved? What have you learned about the value of freedom of thought?
show less
Contacts
Information

Looks like you don't have any active episode

Browse Spreaker Catalogue to discover great new content

Current

Looks like you don't have any episodes in your queue

Browse Spreaker Catalogue to discover great new content

Next Up

Episode Cover Episode Cover

It's so quiet here...

Time to discover new episodes!

Discover
Your Library
Search