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Executive Branch/Power

The Texas Immigration Case: What Does it Mean, What Happens Next? - Podcast

Litigation and International & National Security Law Practice Groups Podcast
John C. Eastman, Brianne Gorod March 25, 2015

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?

  • Prof. John C. Eastman, Director, Center for Constitutional Jurisprudence, Henry Salvatori Professor of Law and Community Service, Chapman University Dale E. Fowler School of Law
  • Brianne Gorod, Appellate Counsel, Constitutional Accountability Center

Consumer Financial Protection Bureau Update - March 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Todd J. Zywicki March 13, 2015

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.

  • Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
  • Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law

Civil Asset Forfeiture - Podcast

Criminal Law & Procedure and Litigation Practice Groups Podcast
John G. Malcolm, John W. Vardaman February 23, 2015

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.

  • John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation
  • John W. Vardaman, III, Assistant Deputy Chief for Policy, Asset Forfeiture and Money Laundering Section, United States Department of Justice

Executive Action on Immigration - Event Audio/Video

Sponsored by the Federalist Society's Practice Groups
Kamal Essaheb, David B. Rivkin, Jr., Ilya Shapiro, Peter Bisbee February 20, 2015

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.

Featuring:

  • Mr. Kamal Essaheb, Immigration Policy Attorney, National Immigration Law Center
  • Mr. David Rivkin, Partner, Baker & Hostetler LLP
  • Mr. Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute
  • Moderator: Mr. Peter Bisbee, Membership Director and Associate Director of External Relations, The Federalist Society

National Press Club
Washington, DC