Government Agencies

What's the Download on Municipal Broadband?

Telecommunications & Electronic Media Practice Group Teleforum Monday, September 21, 01:00 PMFederalist Society Teleforum Conference Call

The role of municipally-owned and operated broadband networks in the United States has been the subject of considerable debate. Among some stakeholders, there is increasing enthusiasm around the potential for government-owned broadband networks (GONs) to serve as an engine for municipalities to jump-start economic development. When GONs fail, however, the costs are borne by taxpayers. Earlier this year, the FCC threw its hat into the ring by moving aggressively to preempt certain provisions of Tennessee and North Carolina law that restrict municipal provision of broadband service. In this teleforum, we will assess the need for GONs, address the competition policy and regulatory issues associated with these projects, and explore whether the FCC’s move to preempt the states will survive judicial appeal.

  • Charles M. Davidson, Director, Advanced Communications Law and Policy Institute, New York Law School
  • Randolph J. May, President, The Free State Foundation
  • Christopher Mitchell, Policy Director, Next Century Cities
  • Moderator: Rachael M. Bender, Senior Policy Director, Mobile Future

Tale of Two Agencies – Overlapping Jurisdiction of the FCC and FTC

Sponsored by the Federalist Society's Telecommunications & Electronic Media Practice Group Wednesday, September 02, 12:00 PMNational Press Club - Holeman Lounge
529 14th Street NW
Washington, DC 20045

With the adoption of the Open Internet Order, the Federal Communications Commission has potentially waded into areas that have historically been within the Federal Trade Commission’s jurisdiction. How are privacy, consumer protection, and technology policy issues currently being handled by the agencies – do their actions complement each other or are they creating regulatory tension and uncertainty? If there is a turf war going on, will Congress step in or will the courts decide? How does it impact competition policies and consumer protection? Join FCC Commissioner Ajit Pai and FTC Commissioner Maureen Ohlhausen as they engage in a moderated discussion about these and other issues relating to the respective roles of their agencies.


  • Hon. Maureen K. Ohlhausen, Federal Trade Commission
  • Hon. Ajit V. Pai, Federal Communications Commission
  • Moderator: Alexander Okuliar, Partner, Orrick, Herrington & Sutcliffe LLP

Dodd-Frank Lawsuit to Continue - Podcast

Financial Services & E-Commerce Practice Group Podcast
Gregory F. Jacob August 31, 2015

On July 24, 2015, the D.C. Circuit Court issued an opinion allowing a challenge to the constitutionality of the Consumer Financial Protection Bureau and of the recess appointment of its director to continue. Our expert discussed the implications of this decision and other recent developments in Dodd-Frank Act litigation.

  • Gregory F. Jacob, Partner, O'Melveny & Myers LLP

Congressional Oversight - Audio/Video

Third Annual Executive Branch Review Conference
Jonathan H. Adler, Michael D. Bopp, Sally Katzen, Adam J. White, Todd F. Gaziano June 24, 2015

After delegating significant power to the administrative state, is Congress properly discharging its oversight role? Are there tools available to Congress that are underutilized? Would a proper annual budget process help? Are Congress’ oversight hearings meaningful, well-run, and properly focused? Should Congress be requesting more information from agencies through other avenues?

This panel was presented on June 18, 2015, at the Mayflower Hotel in Washington, DC during the Third Annual Executive Branch Review Conference.

Plenary Panel: Congressional Oversight
2:00 p.m. – 3:30 p.m.
Promenade Room

  • Prof. Jonathan H. Adler, Case Western Reserve University School of Law
  • Mr. Michael D. Bopp, Gibson Dunn and Crutcher
  • Prof. Sally Katzen, New York University School of Law
  • Mr. Adam J. White, Boyden Gray & Associates
  • Moderator: Hon. Todd F. Gaziano, Pacific Legal Foundation

June 18, 2015
Washington, DC

The Incentives Behind Congressional Delegation - Audio/Video

Third Annual Executive Branch Review Conference
Jack Beermann, Gillian E. Metzger, Neomi Rao, Dean A. Reuter June 24, 2015

In administrative law the focus has primarily been on how to constrain executive discretion. It may, however, be equally important to consider how to constrain the delegations that create that discretion—not just by telling Congress to “do its job,” but by thinking about how to shift the incentives that members have for delegation. This panel will consider what Congress gains by delegating policymaking authority to the executive. The conventional view holds that delegations only expand the power of the executive, ignoring the myriad reasons that Congress chooses to delegate its power. Members of Congress may realize a variety of benefits from delegation, including control over how agencies exercise their discretion. Panelists will discuss the reasons why Congress delegates so broadly and consider what legal and political solutions might curb such delegations.

Luncheon Panel: The Incentives behind Congressional Delegation
12:30 p.m. – 2:00 p.m.
State Room

  • Prof. Jack M. Beermann, Boston University School of Law
  • Prof. Gillian E. Metzger, Columbia Law School
  • Prof. Neomi J. Rao, George Mason University School of Law
  • Moderator: Mr. Dean A. Reuter, The Federalist Society

June 18, 2015
Washington, DC