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- Dr. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Dale E. Fowler School of Law at Chapman University
In February of 2015, federal District Court Judge Andrew Hanen (Southern District of Texas) temporarily blocked President Obama’s executive actions on immigration, which would have shielded as many as five million people from deportation proceedings. Judge Hanen subsequently refused the federal government’s request to reconsider, and last week the government filed an emergency motion in the Fifth Circuit Court of Appeals asking that court to overturn the injunction. This week, Judge Hanen and federal government lawyers reportedly sparred over representations made in court by government attorneys on details of waivers already granted under the executive actions. What is the basis of Judge Hanen’s injunction? Is it likely to be overturned or upheld by the Fifth Circuit? What are the next steps in the proceedings?
Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an update on recent important activity at the Consumer Financial Protection Bureau (CFPB). Recent developments included the results of the CFPB's arbitration study, the suspension of credit card agreement submission to the CFPB, new criticism of the CFPB's mortgage rate tool, and new payday lending rules.
Since the 1980s, the Department of Justice has utilized civil asset forfeiture as an effective tool to seize and forfeit billions of dollars-worth of assets allegedly connected to criminal activity as either an instrumentality or fruit of the crime. Since the inception of the asset forfeiture program, the Justice Department has shared much of these funds with state and local law enforcement authorities under its equitable sharing program, and many states have their own civil forfeiture laws and procedures. Critics of the program believe that civil asset forfeiture is fundamentally unfair, claiming, among other things, that it has the potential to warp law enforcement priorities, that the existing procedures are stacked against innocent property owners, and that it is simply wrong to seize someone’s property when that person has not been charged with, much less convicted of, a crime. Several proposals have been introduced in Congress to reform the civil asset forfeiture program, the Justice Department has announced that it is conducting an internal review of this program, and a number of states have recently undertaken a review of their own civil asset forfeiture laws.
On November 20, 2014, President Obama, with much attention from the media and the public, announced executive action on immigration. Our discussion will address the specifics of the President’s actions, and the legality of those actions. What exactly was said and done by the President, and how do his actions differ from acts he previously asserted were beyond his unilateral power? Has the President exceeded his constitutional authority to act? What happens next? Please join us over the lunch hour for a discussion with three experts in the field.
National Press Club