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FedSoc Forums

The Federalist Society

*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world,

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All Episodes

62:07

The Federal Circuit's Reliance on One-Word...

FedSoc Forums ·

2025/03/06

The Federal Circuit’s first Chief Judge, the Honorable Howard T. Markey, announced, “In our Court there will be an opinion explaining enough to tell you what the law is in every case.” He added, “We do not just render a one-worded decision and go away.” In recent years, however, the Federal Circuit has routinely issued one-word “judgment[s] of affirmance without opinion” under Federal Circuit Rule 36(a), saying only “AFFIRMED” rather than issuing

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46:54

Courthouse Steps Oral Argument: Ames v. Ohio...

FedSoc Forums ·

2025/03/05

Marlean Ames, a straight woman, was denied promotion and later demoted in her role at the Ohio Department of Youth Services by her lesbian supervisor. The position she sought and her former position were then given to a lesbian woman and a gay man respectively. This prompted Ames to file suit under Title VII of the Civil Rights Act of 1964, arguing that she was unlawfully discriminated against based on her sexual orientation because she is heterosexual. The Sixth Circut Court of Appeals affirmed the

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50:13

Courthouse Steps Oral Argument: Smith & Wesson...

FedSoc Forums ·

2025/03/05

In Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos Mexico brought suit against several U.S. gun manufacturers including Smith & Wesson, alleging, among other things, that they were in part liable for the killings perpetrated by Mexican cartels. Mexico argued that the gun manufacturers know the guns they sell are/may be illegally sold to the cartels and thus are the proximate causes of the resulting gun violence. The manufacturers argued that they were immune from such suits

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60:02

DOJ in Transition: What May Be Coming Next?

FedSoc Forums ·

2025/03/04

President Trump and his Administration are moving quickly to focus on different priorities for and make reforms to the U.S. Department of Justice. This conversation, with a veteran of the Department who served in the transition for this new Administration, will explore these new priorities and discuss how they may impact criminal and civil enforcement of federal laws and, therefore, justice in the United States.Featuring:Gregg N. Sofer, Partner, Husch Blackwell LLP(Moderator) Hon. John C. Richter,

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40:41

Litigation Update: Cerame v. Slack

FedSoc Forums ·

2025/02/27

In June 2021, the Superior Court of Connecticut approved amendments to Connecticut Rule of Professional Conduct 8.4, which defines professional misconduct. The amendments expanded the definition of misconduct in subsection (7) to include engaging in "conduct that the lawyer knows or reasonably should know is harassment or discrimination...in conduct related to the practice of law" based on a long list of protected characteristics including "race, color, ancestry, sex, pregnancy, religion, national

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61:25

Cryptocurrency After the Election

FedSoc Forums ·

2025/02/25

Will the 2024 election mark a decisive shift in how U.S. financial regulators approach cryptocurrency and other digital assets? Will the SEC continue its retroactive and reactive regulation, or will it establish clear rules, sensible disclosure frameworks, and targeted enforcement priorities? How will the CFTC balance investor protection, capital formation, market integrity, and innovation? Finally, will the 119th Congress enact comprehensive digital asset legislation, and if so, what form will it

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55:34

Litigation Update: The Future of the Corporate...

FedSoc Forums ·

2025/02/25

The Corporate Transparency Act (CTA) is a sweeping federal statute requiring individuals with significant interests in LLCs and other entities registered under state or tribal law to disclose personal information, unless explicitly exempt. This information is stored in a Treasury Department database maintained by the Financial Crimes Enforcement Network (FinCEN) and accessible by the IRS, federal and foreign law enforcement, and intelligence agencies without court approval. (State authorities must

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58:12

The Future of U.S.-Iran Policy

FedSoc Forums ·

2025/02/25

As President Donald Trump embarks on a second term, U.S. policy toward Iran stands at a crossroads. The Islamic Republic appears weaker and more isolated than ever, with its proxies severely damaged and domestic unrest threatening the regime’s stability. Yet, Tehran remains dangerously close to acquiring a nuclear weapon and has deepened its ties with Russia and China. Should Trump revive the “maximum pressure” strategy, pursue a more comprehensive nuclear agreement, or back an

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56:42

Rockets, Pagers, and Targeted Strikes: Law-of-War...

FedSoc Forums ·

2025/02/25

The international community has focused on the conflict in Gaza between Israel and Hamas following Hamas’ massacre of civilians and taking of hostages on October 7th, 2023. However, after Hezbollah joined Hamas’ attack “in solidarity” by launching rockets and artillery at Israelis on October 8th, a second front opened. Fighting raged along Israel’s northern border through much of the past year, displacing large civilian populations for months. Innovative Israeli tactics

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56:18

Political Speech of Retired Admirals & Generals

FedSoc Forums ·

2025/02/25

What constitutional protections exist for retired admirals and generals commenting on political candidates, campaigns, and sitting presidents? What constitutes prohibited speech? What enforcement mechanisms exist for any such prohibited speech? What additional national security concerns exist when retired admirals and generals weigh in on politics?Join leading experts to examine the legal parameters of the persistent use of political speech by retired military officials in American

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60:00

Litigation Update: Kluge v. Brownsburg Community...

FedSoc Forums ·

2025/02/25

Where should the line be drawn in the debate between the rights of persons to hold religious beliefs and transgender advocates when it comes to government policies? Whether teachers or others can be compelled to use names and pronouns for students who identify as transgender is becoming a common battleground. The school district in Brownsburg, Indiana ordered Mr. Kluge to use incorrect pronouns, which he believes are a lie. The school moved to fire him when he expressed a religious

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62:33

Antitrust and FTC Reform in the New Congress

FedSoc Forums ·

2025/02/25

In 2025, antitrust and consumer protection remain hot topics in the legal world as a new Congress and Administration begin. Join this FedSoc Forum as we discuss possible antitrust and Federal Trade Commission reforms in the 119th Congress.Featuring:Adam Cella, Chief Counsel for the Administrative State, Regulatory Reform, and Antitrust, House Committee on the JudiciaryThomas DeMatteo, Chief Counsel, Senate Judiciary CommitteeDaniel Flores, Senior Counsel, Committee on Oversight and Reform, U.S

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78:31

A Seat at the Sitting - February 2025

FedSoc Forums ·

2025/02/19

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.Gutierrez v. Saenz (Feburary 24) - Federalism & Separation of Powers, Courts; Issue(s): Whether Article III standing requires a particularized determination of whether a specific state official will redress the plaintiff’s injury by following a favorable declaratory judgment.Esteras v. U.S. (February 25) - Criminal Law

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55:42

Litigation Update: United Natural Foods v. NLRB

FedSoc Forums ·

2025/02/19

This litigation update will discuss the United Natural Foods case, where a new National Labor Relations Board (NLRB) Acting General Counsel ordered the withdrawal of a Complaint issued against two unions, which occurred shortly after President Biden removed former General Counsel Peter Robb in January 2021. After the Supreme Court eliminated Chevron deference in Loper Bright Enterprises v. Raimondo (Sup. Ct. 6/28/2024), the Supreme Court in United Natural Foods vacated a divided Fifth Circuit

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88:37

Is DEI on Its Way Out?

FedSoc Forums ·

2025/02/18

Due to impending inclement weather this event has been converted to a webinar. Please feel free to join our live (virtual) audience on Wednesday, February 12th at 12:30 PM ET via the Zoom registration link or catch the discussion via livestream! Panel: David BernsteinFounder & CEO, Jewish Institute for Liberal Values Kimberly Hermann, Executive Director, Southeastern Legal Foundation Prof. Yascha Mounk, Professor of the Practice of International Affairs, Johns Hopkins

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56:56

Litigation Update: Amazon, the NLRB, and “Captive...

FedSoc Forums ·

2025/02/14

Section 8(c) of the National Labor Relations Act states an employer’s communication is not an unfair labor practice if it does not contain a threat of reprisal, force, or a promise of a benefit. Historically, this provision was understood to protect employers’ free speech rights to hold mandatory meetings with employees to express their views on unionization.However, in Amazon.com Services LLC, 373 NLRB No. 136 (Nov. 14, 2024), the National Labor Relations Board held that mandatory

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55:56

Litigation Update: Mid Vermont Christian School v....

FedSoc Forums ·

2025/02/05

From the Olympics to San Jose State, each month we hear of new controversies where biological men are competing in women’s sports. Most of those situations relate to college, international, or public school competitions. But how do policies that permit transgender athlete participation impact private religious schools, both now and in the future? How do such schools’ sincerely-held religious beliefs about these issues change what state actors can and can’t do? In Mid Vermont

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60:49

What's Next for Birthright Citizenship?

FedSoc Forums ·

2025/02/05

On his first day in office, President Trump signed an Executive Order titled Protecting The Meaning And Value of American Citizenship which moves to end birthright citizenship practice which guarantees that U.S.-born children are citizens regardless of their parents’ status.The next day, attorneys general from 22 states sued to block the Executive Order by asserting that the President is attempting to eliminate "a well-established and longstanding Constitutional principle" by executive

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58:06

Remedies in Presidential Removal Cases: A Shifting...

FedSoc Forums ·

2025/02/04

The Supreme Court's decision in Collins v. Yellen represented a paradigm shift. Now, in cases involving claims that an agency official is unconstitutionally insulated from removal by the President, litigants can face an uphill climb to obtain meaningful relief. This state of affairs arguably has a serious impact on the incentive to bring these kinds of lawsuits going forward. This webinar will discuss the future of presidential removal power litigation in light of Collins, as well as related

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59:38

Searching for the Right Remedy in U.S. v. Google

FedSoc Forums ·

2025/02/04

In August 2024, a federal district court held that Google possesses monopolistic power over “general search” and “general search text advertising,” which Google illegally maintained through exclusive agreements. The DOJ has suggested a range of possible remedies, including possible divestitures, while Google counters that the suggested remedies are “wildly interventionist” and could harm American consumers. A remedies trial will take place this year.This FedSoc

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1,313 results

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