Teleforum

Teleforum

This series of podcasts features experts who analyze the latest developments in the legal and policy world. The podcasts are in the form of monologues, podcast debates, or panel discussions and vary in length. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues.

Episodes

December 5, 2023 61 mins
In June the U.S. Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. In a 6-3 decision, the Court held that Harvard and the University of North Carolina’s admissions programs violated the Equal Protection Clause of the Fourteenth Amendment.

Court observers have put forth different analyses concerning how far-reaching this decision may be. Will corporate diversity progr...
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On November 29, 2023, the U.S. Supreme Court will hear oral argument in SEC v. Jarkesy. The following three questions are presented – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) Whether statutory provisions that authorize the SEC to choose to enforce the securiti...
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This webinar explores the complex legal and humanitarian aspects surrounding recent events in the Israel-Palestine conflict. Specifically, this program features a discussion of Israel’s military operation in the Gaza Strip, proportionality in armed conflict, and the right to self defense in international law.

Featuring:
  • Prof. Jennifer Maddocks, Assistant Professor of Law, US Military Academy, West Point
  • Prof. Paul Stephan, John C...
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On December 5, 2023, the Supreme Court will hear oral argument in Moore v. United States. At issue is whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.

Professor James W. Ely and Professor Calvin H. Johnson joined us to discuss their amicus briefs examining the original public meaning of the taxing power and apportionment. The discussion was moderated by Elizabeth H. Slatt...
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John Malcolm and John Yoo continued their discussion of presidential power as they examine the repercussions of plea deals taken by former President Trump's allies in Georgia, Michael Cohen's testimony in the New York civil trial, and the status of the 14th Amendment disqualification trial.
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On November 13, 2023, the Supreme Court formally announced a Code of Conduct, a significant development encapsulated in a 14-page document outlining five canons of conduct. Addressing issues such as judicial recusal and permissible outside activities, the Code consolidates ethical rules guiding the Court's members. This webinar assembles a panel of Supreme Court and Legal Ethics experts to delve into the nuances of the Code, explor...
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November 30, 2023 67 mins
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.

Brown v. United States (November 27) - Criminal Law; Whether the definition of “serious drug offense” in the Armed Career Criminal Act incorporates the federal drug schedules that were in effect when the individual committed the firearm o...
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November 28, 2023 55 mins
Koons v. Platkin is a challenge to certain provisions of New Jersey Bill A4769/S3214 – now known as Chapter 131 – that overhauled the state’s firearms and concealed carry laws following the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen.

Among other things, the law features 25 broad categories of “sensitive places” where permit holders may not carry a firearm. Additionally, the law makes all priva...
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United States v. Rahimi, argued before the Supreme Court this fall, raises the question of whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic violence restraining orders, violates the Second Amendment on its face.
When executing a search warrant on Texas resident Zackey Rahimi's home in relation to a series of shootings in which he was a suspect, police found a rifle and pistol....
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Communities across the country are grappling with the complex issues presented by growing homeless encampments that have filled parks, blocked building entrances, and overrun sidewalks. Some observe that their ability to find effective, compassionate solutions have been impacted by the Ninth Circuit opinion in the City of Grants Pass v. Johnson, et al., holding that laws regulating camping on public property constitute “cruel and ...
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November 2, 2023 57 mins
On Thursday, June 29, 2023, the U.S. Supreme Court issued its decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. In a 6-3 decision, the Court held that Harvard and the University of North Carolina’s admissions programs violated the Equal Protection Clause of the Fourteenth Amendment. Two months later, The U.S. Departments of Justice and Education issued a joint guidance document addressing th...
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October 30, 2023 57 mins
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.

Culley v. Marshall (October 30) - Due Process; What test should district courts apply to determine whether a state or local government must provide a hearing to someone who has had property seized under a civil asset forfeiture law?
Lindke v. Freed (October 3...
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Pakistan finds itself in yet another multi-faceted crisis. In response to numerous economic challenges, including the worst inflation in Asia and the risk of default, the government is scrambling to raise funds. But the country's socio-political entities are paralyzed amidst a high-stakes tussle between former Prime Minister Imran Khan and the powerful security establishment--one that has drawn international scrutiny about Pakist...
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Which Test is it Anyway? Civil Asset Forfeiture and the Right to a Prompt Post-Seizure Hearing at the High Court.
The Court will hear argument on Monday, October 30, 2023, in Culley v. Marshall. Petitioners Halima Culley and Lena Sutton contend police seized their vehicles and held those vehicles for more than a year without judicial oversight. The Respondents assert that those vehicles were seized because they were being used to ...
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In What It Means to Be Human - The Case for the Body in Public Bioethics Prof. O. Carter Snead investigates the tension between the natural limits of the human body and the political philosophy of autonomy, and the legal and policy challenges that arise when those two conflict. He proposes a new paradigm of how to understand being human and applies it to complex issues of bioethics, laying out a framework of embodiment and dependen...
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This Term, the Supreme Court will hear Loper Bright Enterprises v. Raimondo—a case concerning judicial deference to agency interpretations of ambiguous statutes. Pursuant to Chevron v. NRDC and follow-on cases, courts defer to agency interpretations of ambiguous statutes. Loper Bright offers the Court an opportunity to abandon Chevron deference entirely. But the phrasing of the Question presented in Loper Bright also presents an of...
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Fellowship of Christian Athletes v. San Jose Unified School District concerned a Christian student club's ability to meet on campuses in the San Jose School District. Fellowship of Christian Athletes (FCA) clubs had served students in the San Jose High Schools for over a decade, until 2019 when, following a teacher's complaints about the clubs' requirement that student leaders affirm their faith, the school district revoked the clu...
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In recent months, there has been a notable escalation in China’s economic coercion of various countries and private companies, prompting a pressing need for a deeper examination of this phenomenon and China’s global strategy. Our panel will delve into the repercussions of actions taken by China in multilateral institutions and its use of debt-trap diplomacy, examining their effects on international relations and trade dynamics. The...
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October 9, 2023 61 mins
In her new book, The Soul of Civility: Timeless Principles to Heal Society and Ourselves, Alexandra Hudson explores the question – how can a reinvigorated dedication to civility help our nation come together despite deep and growing differences? She argues that our difficulties in this arena are not new; luckily, the solutions aren’t either. Drawing wisdom from a host of ancient philosophers and influential thinkers, Hudson encoura...
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Will the 118th Congress succeed in creating a statutory framework for effective regulation of cryptocurrencies? House Financial Services Committee Chairman Patrick McHenry and our expert panel discussed the status of this complex legislative issue, the competition among regulators and potential division of regulatory jurisdiction, the differences between stablecoins and other cryptocurrencies, federal vs. state regulation, what fi...
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