https://freedomofthought.fedsoc.org/enPoliticsCopyright The Federalist Societyhttps://d3wo5wojvuv7l.cloudfront.net/t_rss_itunes_square_1400/images.spreaker.com/original/e912a92d762c9ad9ed8fdcd65a21081c.jpghttps://freedomofthought.fedsoc.org/Wed, 05 Mar 2025 20:39:52 +0000The Federalist SocietyThe Federalist Societyfot@fedsoc.orgThe 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...falseepisodichttps://www.spreaker.com/episode/frozen-out-debanking-practice-and-policy-in-the-new-administration--64005801 
The lack of transparency does not help. How do financial institutions determine which accounts or services will be closed? Are these decisions driven by regulatory sensitivities, perceived reputational risk, or other considerations? Should legal limits exist on financial institutions' discretion to debank? What are the rights of corporations to choose what customers to serve and what, if any, limits might apply in an industry as heavily-regulated and protected as banks? What can be done to protect citizens' rights to participate in public discourse without fear of financial exclusion?

Featuring:

Nicholas Anthony, Policy Analyst, Center for Monetary and Financial Alternatives, Cato Institute
Hon. Rohit Chopra, Director, Consumer Financial Protection Bureau
Will Hild, Executive Director, Consumers’ Research
Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
Moderator: Megan McArdle, Columnist, Washington Post]]>https://api.spreaker.com/episode/64005801Wed, 29 Jan 2025 18:04:25 +0000The Federalist SocietyFinancial institutions have faced growing scrutiny for debanking customers, with no explanation. While debanking is sometimes legally necessary when banks suspect unlawful conduct, recent reports have prompted high-profile questions about the... 
The lack of transparency does not help. How do financial institutions determine which accounts or services will be closed? Are these decisions driven by regulatory sensitivities, perceived reputational risk, or other considerations? Should legal limits exist on financial institutions' discretion to debank? What are the rights of corporations to choose what customers to serve and what, if any, limits might apply in an industry as heavily-regulated and protected as banks? What can be done to protect citizens' rights to participate in public discourse without fear of financial exclusion?

Featuring:

Nicholas Anthony, Policy Analyst, Center for Monetary and Financial Alternatives, Cato Institute
Hon. Rohit Chopra, Director, Consumer Financial Protection Bureau
Will Hild, Executive Director, Consumers’ Research
Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
Moderator: Megan McArdle, Columnist, Washington Post]]>5325falsefullhttps://www.spreaker.com/episode/open-minds-with-prof-richard-epstein-and-prof-todd-zywicki-part-i--63717821
Featuring:

Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law
Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University]]>https://api.spreaker.com/episode/63717821Thu, 16 Jan 2025 20:46:06 +0000The Federalist SocietyProf. Richard Epstein joins Prof. Todd Zywicki to discuss his academic journey, where he learned early on, particularly through the lens of Roman law, that legal issues cannot be understood by mere definitions, but by understanding deeper substantive...
Featuring:

Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law
Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University]]>2732falsefullhttps://www.spreaker.com/episode/panel-preserving-judicial-independence-in-a-time-of-political-division--63148618
Featuring:

James Burnham, President, Vallecito Capital
Jay Edelson, Founder & CEO, Edelson PC
Prof. Nicole Stelle Garnett, John P. Murphy Foundation Professor of Law, University of Notre Dame Law School
Moderator: Megan McArdle, Columnist, Washington Post

And later featuring:

T. Elliot Gaiser, Solicitor General, Ohio
Eric Wessan, Solicitor General, Iowa
Moderator: Megan McArdle, Columnist, Washington Post]]>https://api.spreaker.com/episode/63148618Thu, 05 Dec 2024 16:00:08 +0000The Federalist SocietyAt this Freedom of Thought Project event, panelists will discuss the current political landscape in the U.S. and how rhetoric from political leaders impacts our judiciary, society, and our freedoms. Featuring: James Burnham, President, Vallecito...
Featuring:

James Burnham, President, Vallecito Capital
Jay Edelson, Founder & CEO, Edelson PC
Prof. Nicole Stelle Garnett, John P. Murphy Foundation Professor of Law, University of Notre Dame Law School
Moderator: Megan McArdle, Columnist, Washington Post

And later featuring:

T. Elliot Gaiser, Solicitor General, Ohio
Eric Wessan, Solicitor General, Iowa
Moderator: Megan McArdle, Columnist, Washington Post]]>3839falsefullhttps://www.spreaker.com/episode/fireside-chat-with-solicitors-general-t-elliot-gaiser-and-eric-wessan--63018744
Featuring:

T. Elliot Gaiser, Solicitor General, Ohio
Eric Wessan, Solicitor General, Iowa
Moderator: Megan McArdle, Columnist, Washington Post]]>https://api.spreaker.com/episode/63018744Tue, 26 Nov 2024 22:16:06 +0000The Federalist SocietyAt this Freedom of Thought Project event, panelists will discuss the current political landscape in the U.S. and how rhetoric from political leaders impacts our judiciary, society, and our freedoms. Featuring: T. Elliot Gaiser, Solicitor General,...
Featuring:

T. Elliot Gaiser, Solicitor General, Ohio
Eric Wessan, Solicitor General, Iowa
Moderator: Megan McArdle, Columnist, Washington Post]]>2981falsefullhttps://www.spreaker.com/episode/open-minds-with-prof-julia-mahoney-and-prof-joshua-kleinfeld-part-ii--61389956Featuring:

Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>https://api.spreaker.com/episode/61389956Tue, 27 Aug 2024 17:41:00 +0000The Federalist SocietyIn Part 2, Professor Julia Mahoney joins Professor Joshua Kleinfeld to discuss freedom of thought in diverse professional worlds, from universities to law to corporations to medicine. Why have professional sectors become more ideological? Has...Featuring:

Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>4528false27fullhttps://www.spreaker.com/episode/open-minds-with-prof-julia-mahoney-and-prof-joshua-kleinfeld-part-i--61252015Featuring:

Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>https://api.spreaker.com/episode/61252015Mon, 19 Aug 2024 14:36:00 +0000The Federalist SocietyIn Part I, Professor Julia Mahoney joins Professor Joshua Kleinfeld to delve into the complexities of governmental regulation and market power. What makes markets possible? How do institutions enable people to cooperate in a productive way? In what...Featuring:

Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>3858false26fullhttps://www.spreaker.com/episode/2024-freedom-of-thought-conference-luncheon-fireside-chat-with-hon-andrew-ferguson-and-hon-paul-b-matey--60593392Featuring:

Hon. Andrew Ferguson, Commissioner, Federal Trade Commission
Moderator: Hon. Paul B. Matey, U.S. Court of Appeals, Third Circuit]]>https://api.spreaker.com/episode/60593392Thu, 20 Jun 2024 21:25:00 +0000The Federalist SocietyFeaturing: Hon. Andrew Ferguson, Commissioner, Federal Trade Commission Moderator: Hon. Paul B. Matey, U.S. Court of Appeals, Third CircuitFeaturing:

Hon. Andrew Ferguson, Commissioner, Federal Trade Commission
Moderator: Hon. Paul B. Matey, U.S. Court of Appeals, Third Circuit]]>3145falsefullhttps://www.spreaker.com/episode/2024-freedom-of-thought-conference-panel-3-securing-the-rights-of-a-free-people--60593320
Featuring:

Prof. Randy Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Hon. Rohit Chopra, Director, Consumer Financial Protection Bureau
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
Prof. Maimon Schwarzschild, Professor of Law, University of San Diego School of Law
Jonathan Urick, Associate Chief Counsel, U.S. Chamber of Commerce Litigation Center
Moderator: Hon. Kyle Duncan, U.S. Court of Appeals, Fifth Circuit]]>https://api.spreaker.com/episode/60593320Thu, 20 Jun 2024 21:10:00 +0000The Federalist SocietyWhat responsibility do states have in protecting the rights of their citizens? How should we think about rights like the freedom of speech — do rights operate primarily as a limit on government power, or do they protect the natural rights of the...
Featuring:

Prof. Randy Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Hon. Rohit Chopra, Director, Consumer Financial Protection Bureau
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
Prof. Maimon Schwarzschild, Professor of Law, University of San Diego School of Law
Jonathan Urick, Associate Chief Counsel, U.S. Chamber of Commerce Litigation Center
Moderator: Hon. Kyle Duncan, U.S. Court of Appeals, Fifth Circuit]]>5949falsefullhttps://www.spreaker.com/episode/2024-freedom-of-thought-conference-panel-2-the-challenge-of-citizens-united--60593241
Featuring:

John Ehrett, Chief Counsel, U.S. Senator Josh Hawley
Prof. Robert Miller, F. Arnold Daum Chair in Corporate Finance and Law, University of Iowa College of Law
Matt Stoller, Director of Research, American Economic Liberties Project
Eric Wessan, Solicitor General, Iowa Office of the Attorney General
Moderator: Hon. Gregory G. Katsas, U.S. Court of Appeals, District of Columbia Circuit]]>https://api.spreaker.com/episode/60593241Thu, 20 Jun 2024 21:05:00 +0000The Federalist SocietyHow did corporate rights evolve to include expressive constitutional rights akin to those of a natural person? How should we think about constitutional protections for corporate speech promoting commercial interests? Should the degree of alignment...
Featuring:

John Ehrett, Chief Counsel, U.S. Senator Josh Hawley
Prof. Robert Miller, F. Arnold Daum Chair in Corporate Finance and Law, University of Iowa College of Law
Matt Stoller, Director of Research, American Economic Liberties Project
Eric Wessan, Solicitor General, Iowa Office of the Attorney General
Moderator: Hon. Gregory G. Katsas, U.S. Court of Appeals, District of Columbia Circuit]]>5442falsefullhttps://www.spreaker.com/episode/2024-freedom-of-thought-conference-panel-1-did-james-madison-think-corporations-were-people-too--60593224
Featuring:

Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Hon. Doha Mekki, Principal Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida
Lael Weinberger, Fellow, Constitutional Law Center, Stanford Law School
Moderator: Hon. Julius "Jay" Richardson, U.S. Court of Appeals, Fourth Circuit]]>https://api.spreaker.com/episode/60593224Thu, 20 Jun 2024 21:00:00 +0000The Federalist SocietyHow did citizens understand corporate power at the Founding? What were the rights, privileges, and limits on corporations, and how did the rights of corporations compare to those of individual citizens? Should the fact that significant elements of the...
Featuring:

Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Hon. Doha Mekki, Principal Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida
Lael Weinberger, Fellow, Constitutional Law Center, Stanford Law School
Moderator: Hon. Julius "Jay" Richardson, U.S. Court of Appeals, Fourth Circuit]]>5455falsefullhttps://www.spreaker.com/episode/2024-freedom-of-thought-conference-panel-4-the-netchoice-problem--61392249
Featuring:

Jonathan Berry, Managing Partner, Boyden Gray PLLC
James Burnham, President, Vallecito Capital, LLC
Erin Hawley, Senior Counsel, Alliance Defending Freedom
Casey Mattox, Vice President, Legal Strategy, Stand Together
Prof. Todd Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
Moderator: Hon. Trevor N. McFadden, U.S. District Court, District of Columbia]]>https://api.spreaker.com/episode/61392249Thu, 20 Jun 2024 13:00:00 +0000The Federalist SocietyWe know how to think about government coercion. We have ready and familiar frameworks for evaluating how government power should be exercised against the private individual. But courts and policymakers increasingly are called to mediate between...
Featuring:

Jonathan Berry, Managing Partner, Boyden Gray PLLC
James Burnham, President, Vallecito Capital, LLC
Erin Hawley, Senior Counsel, Alliance Defending Freedom
Casey Mattox, Vice President, Legal Strategy, Stand Together
Prof. Todd Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
Moderator: Hon. Trevor N. McFadden, U.S. District Court, District of Columbia]]>6379falsefullhttps://www.spreaker.com/episode/open-minds-with-andrew-ferguson-and-james-burnham--61273485
Andrew Ferguson and James Burnham then turn to the questions of the moment. What role can state solicitors general play in curtailing government overreach? What is antitrust law? How did a bipartisan consensus on antitrust doctrine develop? How well does it align with original understanding of older antitrust statutes? And where might antitrust thinking be headed next?

Featuring:

Andrew N. Ferguson, Commissioner, Federal Trade Commission
James M. Burnham, President, Vallecito Capital, LLC]]>https://api.spreaker.com/episode/61273485Mon, 17 Jun 2024 14:03:00 +0000The Federalist SocietyIn this episode of Open Minds, Andrew Ferguson discusses his career, from judicial clerkships to the Hill to state government, and how the mentors and friends he made along the way helped shape his career and intellectual development. Andrew Ferguson...
Andrew Ferguson and James Burnham then turn to the questions of the moment. What role can state solicitors general play in curtailing government overreach? What is antitrust law? How did a bipartisan consensus on antitrust doctrine develop? How well does it align with original understanding of older antitrust statutes? And where might antitrust thinking be headed next?

Featuring:

Andrew N. Ferguson, Commissioner, Federal Trade Commission
James M. Burnham, President, Vallecito Capital, LLC]]>4258false25fullhttps://www.spreaker.com/episode/open-minds-concentrated-control-acceptable-opinions-and-corporate-influence-part-ii--60389774Featuring:

Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida
Alida Kass, Vice President & Director, Strategic Initiatives and Freedom of Thought Project, The Federalist Society]]>https://api.spreaker.com/episode/60389774Wed, 08 May 2024 21:18:00 +0000The Federalist SocietyIn Part 2 of Open Minds with Ryan Newman, we discuss government and private coercion and how state plenary authority plays into questions of freedom. How does concentrated economic and government power affect the democratic power of private citizens?...Featuring:

Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida
Alida Kass, Vice President & Director, Strategic Initiatives and Freedom of Thought Project, The Federalist Society]]>2578false24fullhttps://www.spreaker.com/episode/open-minds-a-new-approach-for-putting-conservativism-into-practice-part-i--61085127
Featuring:

Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida
Alida Kass, Vice President & Director, Strategic Initiatives and Freedom of Thought Project, The Federalist Society]]>https://api.spreaker.com/episode/61085127Thu, 25 Apr 2024 20:35:00 +0000The Federalist SocietyPart 1 of Open Minds with Ryan Newman covers how his upbringing in the American southwest and his less conventional career, including military service, as well as judicial clerkships, and service in both state and federal government, shaped his life...
Featuring:

Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida
Alida Kass, Vice President & Director, Strategic Initiatives and Freedom of Thought Project, The Federalist Society]]>2547corporations,federalist society,securities & antitrustfalse23fullhttps://www.spreaker.com/episode/netchoice-and-murthy-speech-and-coercion-in-the-digital-age--60188912Together, the cases highlight the significance of the NetChoice cases heard last month. Can laws like those adopted in Texas and Florida create counter-pressure against coercion from the federal government? What responsibility do states have in protecting their own citizens’ participation in online public discourse?
Featuring:

Alan Gura, Vice President for Litigation, Institute for Free Speech
Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Matt Stoller, Director of Research, American Economic Liberties Project
Moderator: Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University]]>https://api.spreaker.com/episode/60188912Tue, 09 Apr 2024 16:31:00 +0000The Federalist SocietyWhat can state actors do to protect or interfere with online public discourse? The recent argument in National Rifle Association of America v. Vullo suggests that there is some outer limit of government coercion on private actors to interfere with...Together, the cases highlight the significance of the NetChoice cases heard last month. Can laws like those adopted in Texas and Florida create counter-pressure against coercion from the federal government? What responsibility do states have in protecting their own citizens’ participation in online public discourse?
Featuring:

Alan Gura, Vice President for Litigation, Institute for Free Speech
Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Matt Stoller, Director of Research, American Economic Liberties Project
Moderator: Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University]]>4681falsefullhttps://www.spreaker.com/episode/when-mozilla-fired-its-founder-on-the-10-year-anniversary-of-brendan-eich-leaving-his-company--60188892Watching it all unfold, Prof. Todd Zywicki was concerned, warning that this would not stop with financial contributions for ballot initiatives – that it was not a stable equilibrium. At least at the time, Inez Stepman was less troubled, confident that such disagreements could be resolved through market forces. Who was right? Join us for a conversation with Prof. Zywicki and Inez Stepman, as they reflect on the campaign against Brendan Eich, consider lessons learned, and discuss the implications for freedom of thought today.
Featuring:

Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
Inez Stepman, Senior Policy Analyst, Independent Women’s Forum]]>https://api.spreaker.com/episode/60188892Wed, 03 Apr 2024 16:01:00 +0000The Federalist SocietyCo-founder of Mozilla and creator of JavaScript, Brendan Eich had made remarkable contributions to the technology sector. He also had contributed $1,000 to the (successful) Proposition 8 campaign against same-sex marriage. On April 3, 2014, Mozilla...Watching it all unfold, Prof. Todd Zywicki was concerned, warning that this would not stop with financial contributions for ballot initiatives – that it was not a stable equilibrium. At least at the time, Inez Stepman was less troubled, confident that such disagreements could be resolved through market forces. Who was right? Join us for a conversation with Prof. Zywicki and Inez Stepman, as they reflect on the campaign against Brendan Eich, consider lessons learned, and discuss the implications for freedom of thought today.
Featuring:

Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
Inez Stepman, Senior Policy Analyst, Independent Women’s Forum]]>3861falsefullhttps://www.spreaker.com/episode/open-minds-with-jonathan-mitchell-and-james-burnham-part-ii--59032563
Featuring:

Jonathan Mitchell, Principal, Mitchell Law PLLC
James Burnham, President, Vallecito Capital, LLC]]>https://api.spreaker.com/episode/59032563Thu, 14 Mar 2024 21:52:00 +0000The Federalist SocietyIn 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...
Featuring:

Jonathan Mitchell, Principal, Mitchell Law PLLC
James Burnham, President, Vallecito Capital, LLC]]>2073federalism & separation of pow,federalist societyfalse22fullhttps://www.spreaker.com/episode/open-minds-with-jonathan-mitchell-and-james-burnham-part-i--59032562
Featuring:

Jonathan Mitchell, Principal, Mitchell Law PLLC
James Burnham, President, Vallecito Capital, LLC]]>https://api.spreaker.com/episode/59032562Wed, 13 Mar 2024 14:34:59 +0000The Federalist SocietyIn 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...
Featuring:

Jonathan Mitchell, Principal, Mitchell Law PLLC
James Burnham, President, Vallecito Capital, LLC]]>3110federalism & separation of pow,federalist societyfalse21fullhttps://www.spreaker.com/episode/netchoice-and-the-future-of-state-regulation-of-big-tech--58945228 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
]]>https://api.spreaker.com/episode/58945228Tue, 27 Feb 2024 15:00:00 +0000The Federalist SocietyA 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 &... 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
]]>4549first amendment,free speech & election law,telecommunications & electronifalsefullhttps://www.spreaker.com/episode/race-at-work-can-businesses-treat-people-differently-on-the-basis-of-race--58946107But 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]]>https://api.spreaker.com/episode/58946107Mon, 12 Feb 2024 15:36:00 +0000The Federalist SocietyIn 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...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]]>4723affirmative action,civil rights,labor & employment lawfalsefullhttps://www.spreaker.com/episode/tyranny-of-an-organized-minority-free-speech-standards-in-higher-education--59032240Featuring:

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]]>https://api.spreaker.com/episode/59032240Wed, 20 Dec 2023 15:16:00 +0000The Federalist SocietyThis 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...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]]>4401free speech & election law,professional responsibility &falsefullhttps://www.spreaker.com/episode/a-discussion-within-the-right-why-is-there-not-a-larger-conservative-plaintiffs-bar--59032348
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]]>https://api.spreaker.com/episode/59032348Thu, 16 Nov 2023 15:20:00 +0000The Federalist SocietyFor 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...
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]]>4818conservative,federalistsociety,litigation,plaintiffsbarfalsefullhttps://www.spreaker.com/episode/deia-initiatives-in-the-workplace-post-sffa--59032358
Featuring:

Jocelyn Samuels, Vice Chair, Equal Employment Opportunity Commission
Andrea Lucas, Commissioner, Equal Employment Opportunity Commission
Moderator: Kate Comerford Todd, Partner, Ellis George Cipollone]]>https://api.spreaker.com/episode/59032358Tue, 17 Oct 2023 14:20:00 +0000The Federalist SocietyIn 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....
Featuring:

Jocelyn Samuels, Vice Chair, Equal Employment Opportunity Commission
Andrea Lucas, Commissioner, Equal Employment Opportunity Commission
Moderator: Kate Comerford Todd, Partner, Ellis George Cipollone]]>4387affirmative action,labor & employment lawfalsefullhttps://www.spreaker.com/episode/academic-freedom-and-freedom-of-expression-will-the-proposed-accreditation-standard-support-freedom-of-thought-at-law-schools--59032235As 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

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To register, click the link above.]]>https://api.spreaker.com/episode/59032235Mon, 18 Sep 2023 14:15:00 +0000The Federalist SocietyRecent 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...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

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To register, click the link above.]]>4518education policy,free speech & election law,professional responsibility &falsefullhttps://www.spreaker.com/episode/competition-policy-corporate-concentration-freedom-of-thought-approaching-the-draft-merger-guidelines--56489367Featuring:

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]]>https://api.spreaker.com/episode/56489367Wed, 16 Aug 2023 17:55:01 +0000The Federalist SocietyThe 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,...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]]>5819corporations,law & economics,securities & antitrustfalsefullhttps://www.spreaker.com/episode/open-minds-thinking-like-a-conservative-plaintiff-s-lawyer-corporations-rights-and-corporate-power--53655429https://api.spreaker.com/episode/53655429Wed, 26 Apr 2023 05:16:00 +0000The Federalist SocietyJudge 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...2506false17fullhttps://www.spreaker.com/episode/open-minds-with-matt-stoller-prof-joshua-kleinfeld-part-2-who-is-exercising-private-power-and-what-do-they-control--52818020
Featuring:

Matt Stoller, Director of Research, American Economic Liberties Project
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
]]>https://api.spreaker.com/episode/52818020Wed, 22 Mar 2023 16:00:02 +0000The Federalist SocietyIn the second part of this interview, Matt and Prof. Kleinfeld discuss the roots of authoritarian trends we should be worried about in the United States and debate how ideological attitudes among few powerful elite have power over our cultural...
Featuring:

Matt Stoller, Director of Research, American Economic Liberties Project
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
]]>4101culture,federalism,federalist societyfalse16fullhttps://www.spreaker.com/episode/open-minds-with-matt-stoller-prof-joshua-kleinfeld-part-1-what-sparked-the-fascination-with-economics-and-government--52818011
Featuring:

Matt Stoller, Director of Research, American Economic Liberties Project
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>https://api.spreaker.com/episode/52818011Wed, 08 Mar 2023 17:00:01 +0000The Federalist SocietyIn Part 1 of Open Minds with Matt Stoller, we hear about how Matt's formative years shaped his interest in economics and government. Matt tells us about how he thinks about politics in a way that bends categories and how antitrust relates to...
Featuring:

Matt Stoller, Director of Research, American Economic Liberties Project
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>4042corporations,culture,federalist society,financial services,law & economics,securities & antitrustfalse15fullhttps://www.spreaker.com/episode/open-minds-with-prof-randy-barnett-prof-joshua-kleinfeld-applying-libertarian-convictions-in-the-real-world--52817971
Featuring:

Prof. Randy E. Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
]]>https://api.spreaker.com/episode/52817971Wed, 22 Feb 2023 22:00:00 +0000The Federalist SocietyProf. Randy Barnett joins Prof. Joshua Kleinfeld to discuss how his life experiences have informed his libertarian convictions. Along the way, he has rubbed shoulders with some of the giants in Libertarian political philosophy and made significant...
Featuring:

Prof. Randy E. Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
]]>4581culture,federalist society,politicsfalse14fullhttps://www.spreaker.com/episode/open-minds-with-prof-eugene-volokh-prof-joshua-kleinfeld-part-iii--52498315
Featuring:

Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
]]>https://api.spreaker.com/episode/52498315Mon, 30 Jan 2023 17:31:01 +0000The Federalist SocietyFinally, we turn to the present moment and consider the current challenges to American free speech and culture. How does cancel culture contribute to professional blacklisting at law firms and universities? Professor Volokh tackles this issue and...
Featuring:

Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
]]>3685federalist societyfalse13fullhttps://www.spreaker.com/episode/open-minds-with-prof-eugene-volokh-prof-joshua-kleinfeld-part-ii--52498294
Featuring:

Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>https://api.spreaker.com/episode/52498294Fri, 27 Jan 2023 17:31:01 +0000The Federalist SocietyWhat are the fundamentals of how free speech law works and what are the outer limits of free speech protection? Is it constitutional to allow voters to wear a Trump hat while casting a ballot? Tune in to hear Professor Volokh's perspective....
Featuring:

Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>2030false12fullhttps://www.spreaker.com/episode/open-minds-with-prof-eugene-volokh-prof-joshua-kleinfeld-part-i--52497236
Featuring:

Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>https://api.spreaker.com/episode/52497236Mon, 23 Jan 2023 17:31:01 +0000The Federalist SocietyWhat made Professor Volokh the independent and influential thinker he is today? It began with an unusual childhood and education. He discusses how his early years shaped his career path, how he has developed his approach to law and doctrine, and which...
Featuring:

Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law]]>2903false11full