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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

54:55

Courthouse Steps Oral Argument: United States v....

FedSoc Forums ·

2024/12/13

In the last several years, numerous minors who identify as transgender have undergone surgery and other medical procedures to mirror common physical features of the opposite sex.In March 2023, Tennessee enacted Senate Bill 1, which prohibits medical procedures for the purpose of either (1) enabling a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex, or (2) treating purported discomfort or distress from a discordance between the minor’s sex and

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40:17

Litigation Update: Bethesda University v. Cho

FedSoc Forums ·

2024/12/13

Bethesda University, a private Christian university founded around Pentecostal theology, faced an internal leadership dispute, as the president persuaded the board to appoint non-Pentecostal members to the board of directors. The rest of the leadership objected and fired President Cho, arguing that only Pentecostals could serve on the board of directors. The former President and the California Court of Appeals sided with him, determining that the election of non-Pentecostal board members was valid

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62:34

AI Policy In President Trump's Second Term

FedSoc Forums ·

2024/12/10

There have been significant changes in federal AI policy over the course of the first term of the Trump administration and Biden administration that present a major inflection point for President-elect Trump as he prepares for his second term in office. This panel will delve into the differing doctrinal and policy frameworks for executive branch and congressional AI policy to map out how this transformative technology and its associated policy might manifest in President Trump's second term in

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61:01

Litigation Update: First Amendment Matters in the...

FedSoc Forums ·

2024/12/10

The intersection of the First Amendment, parental rights, and educational texts has become a topic of significant conversation over the past several years. School boards in states across the nation are facing questions related to what materials are appropriate for students to read, how to educate children, the nature of parental rights, what exceptions should be granted for families who raise religious objections, and so much more. Legal challenges have cropped up on both sides, as families

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59:48

The FCC's Proposal to Regulate Political Ads Using...

FedSoc Forums ·

2024/12/05

The Federal Communications Commission (FCC) has initiated a proceeding that proposes to require radio and TV broadcasters as well as cable and direct broadcast satellite (DBS) operators to include a disclaimer on all political advertisements that contain content generated by artificial intelligence (AI). The requirement would apply to both candidate and issue ads. The broadcasters of the ads also would be required to include a notice in their online political files disclosing the ad’s use of

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40:55

Courthouse Steps Oral Argument: Food and Drug...

FedSoc Forums ·

2024/12/04

Under the Family Smoking Prevention and Tobacco Control Act, the FDA must approve new tobacco products. Wages and White Lion Investments (dba Trion Distribution) and Vapetasia manufacture and sell flavored nicotine-containing liquids for use in refillable e-cigarette systems. They applied for FDA approval in 2020; about ten months later the FDA announced new requirements for approval and, based on those requirements, denied the applications citing the deficiency. The manufacturers challenged the

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61:00

What Could the Next Administration’s SEC Agenda Look...

FedSoc Forums ·

2024/12/04

With the upcoming shift in presidential administrations, there is a potential for significant changes within federal agencies like the Securities and Exchange Commission. This webinar will speculate and discuss exactly what sorts of changes may be in store for the SEC agenda. Our two speakers will address questions surrounding topics like the agency’s enforcement approach, the future of cryptocurrency, climate regulation, exemptive relief post-Chevron, and the timeline according to which these

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42:54

Litigation Update: Recent Challenges to the New Title...

FedSoc Forums ·

2024/12/03

This past April, the Department of Education published a 423-page final rule amending its implementing for Title IX, which prohibits sex discrimination in federally-funded education programs and activities, with certain, important exceptions. The new rule was consistent with an order issued by President Biden on his first day in office that the Supreme Court’s 2020 decision in Bostock v. Clayton County be applied across the entire federal government.Shortly after the new rule issued, at least

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40:50

The Supreme Court’s Three Cheers for Free Speech

FedSoc Forums ·

2024/12/03

The Supreme Court has recently issued rulings in three cases involving speech-based arrests, demonstrating increased scrutiny of such incidents. In a span of four months, the Court reversed three lower court decisions that had previously granted immunity to government officials accused of arresting individuals for their speech.The cases are Gonzalez v. Trevino, decided on June 20, 2024; Murphy v. Schmitt, summarily reversed on October 7, 2024; and Villarreal v. Alaniz, summarily reversed on October

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83:48

A Seat at the Sitting - December 2024

FedSoc Forums ·

2024/11/26

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. Food and Drug Administration v. Wages and White Lion Investments, LLC (December 2) - Federalism & Separation of Powers; Issue(s): Whether the court of appeals erred in setting aside the Food and Drug Administration’s orders denying respondents’ applications for authorization to market new

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52:25

Courthouse Steps Oral Argument: Delligatti v. United...

FedSoc Forums ·

2024/11/26

Delligatti v. United States concerns whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.Known by some as the "non-violent murder case" Delligatti ties into a larger conversation on the way "violent"/"use-of-force" crimes are defined categorically rather than on a solely case-by-case basis.Oral Argument was heard on November 12, 2024.Join us for this Courthouse

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59:19

Time for a Checkup: Evaluating the Withdrawal of the...

FedSoc Forums ·

2024/11/26

In 1996, the FTC and DOJ issued Statements of Antitrust Enforcement Policy in Health Care. The statements addressed important topics, such as hospital mergers, information sharing, joint purchasing, and provider joint ventures. The DOJ withdrew the guidelines in February 2023, and the FTC followed in July. Some healthcare companies – and businesses in other sectors – that have established relationships in reliance on these statements are concerned as to whether long-running

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53:53

Does Jarkesy Doom the Preserve Access to Affordable...

FedSoc Forums ·

2024/11/26

Reducing the cost of prescription drugs has been a bipartisan priority for years. One recent effort is the Preserve Access to Affordadble Generics and Biosimilars Act (S. 142), sponsored by Sen. Klobuchar with the support of Sen. Grassley and others. This bill would give the FTC new authority to investigate settlements between branded and generic drug companies that delay generic/biosimilar market entry and are deemed anticompetitive. The bill proposes allowing the FTC to make factual findings and

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58:53

Is AI Woke, in What Ways, and Should We Worry?

FedSoc Forums ·

2024/11/25

Discussions of the dangers of Artificial Intelligence (AI) have long included concerns about AI systems’ potential to discriminate against racial minorities, women, and other groups said to be disadvantaged. But more recently, there have been increasing concerns about the dangers of Woke AI. Because generative AI models learn from large amounts of real-world data, which is primarily gleaned from internet content and thus tends to reflect dominant cultural views, is some degree of political

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51:31

Litigation Update: Tennessee v. Cardona

FedSoc Forums ·

2024/11/25

Tennessee v. Cardona concerns the Biden Administration’s recent revisions to regulations under Title IX.Particularly at issue are those provisions that redefine the term "sex" to include "gender identity" for purposes of the regulation. Six states, including Tennessee, along with an association of Christian educators and a female high-school student sued, alleging the regulation as amended threatened student privacy, safety, and free speech." They also sought an injunction to stop the full

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59:22

Litigation Update: Smith v. City of Atlantic City

FedSoc Forums ·

2024/11/19

The Atlantic City Fire Department requires all personnel who respond to fires or other emergencies to follow the proper use of an air mask when exposed to hazardous air. To ensure a proper fit, employees are prohibited from growing facial hair that could interfere with the mask seal. Plaintiff, Pastor Alexander Smith requested a religious accommodation to wear a short beard, arguing that growing the beard was an exercise of his faith and that wearing the mask was not part of his technician role in

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40:33

Courthouse Steps Oral Argument: E.M.D. Sales, Inc. v....

FedSoc Forums ·

2024/11/19

E.M.D. Sales, Inc. v. Carrera concerns what standard the court should apply in cases of exceptions to the Fair Labor Standards Act. This act governs such limitations as hours worked, overtime pay, and working conditions across the United States. Several provisions within it exempt certain industries from some requirements, and this case deals with the burden of proof on a corporation to prove that an employee should be exempt from these rules.The plaintiffs in this case are two employees of a food

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66:20

A Seat at the Sitting - November 2024

FedSoc Forums ·

2024/11/04

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.Wisconsin Bell v. U.S., (November 4) - Telecommunications; Whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are “claims” under the False Claims Act.Advocate Christ Medical Center v. Becerra, (November 5) - Medicare; Whether the phrase “entitled ... to

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59:09

Litigation Update: Chiles v. Salazar

FedSoc Forums ·

2024/11/04

Chiles v. Salazar arises from a challenge to a Colorado law limiting therapists’ speech when counseling gay and transgender individuals. The Minor Conversion Therapy Law (MCTL) prevents licensed mental health professionals from providing any practice or treatment that “attempts or purports to change an individual’s sexual orientation or gender identity including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings

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61:57

Competition and Consumer Banking: Bank Mergers,...

FedSoc Forums ·

2024/10/30

In September, the Department of Justice announced that it would withdraw its 1995 bank merger guidelines and apply its 2023 merger guidelines for all industries, a move that some have interpreted as signaling stricter review of bank mergers. At the same time, Congress is considering the “Credit Card Competition Act,” which purports to promote competition in the credit card network space. Join us for a discussion of these topics and their implications for consumers, competition,

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1,313 results

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