Separation of Powers

FTC’s 6(b) Patent Assertion Entity Study - Podcast

Intellectual Property Practice Group Podcast
Jorge Contreras, Kristen Osenga, Laurie Self, Adam Mossoff October 18, 2016

On October 6, 2016, the Federal Trade Commission released the long-awaited results of its 6(b) study on patent assertion entities (PAEs). The study provides detailed information about the litigation and licensing activities by the approximately twenty companies the FTC ordered to submit data. The study does more than just describe this data, though. Given that PAEs' function in the innovation industries, the FTC also proposed a number of legislative and judicial recommendations concerning how patents are asserted against alleged infringers. Thus, the FTC's PAE study is an important part of the policy debates about patents, patent licensing, patent litigation, and the impact these have on the innovation economy. In this Teleforum, the panelists discussed the study findings and their reactions to the study and its policy proposals.


  • Prof. Jorge L. Contreras, Associate Professor, S.J. Quinney College of Law, University of Utah
  • Prof. Kristen Osenga, Professor of Law, University of Richmond School of Law
  • Ms. Laurie Self, Vice President and Counsel of Government Affairs, Qualcomm Incorporated
  • Moderator: Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar of CPIP, Antonin Scalia Law School, George Mason University

Stolen Sovereignty: How to Stop Unelected Judges from Transforming America - Podcast

Administrative Law & Regulation Practice Group Podcast
Daniel Horowitz, Eileen J. O'Connor September 20, 2016

Stolen Sovereignty: How to Stop Unelected Judges from Transforming America, by Daniel Horowitz, discusses the possible political repercussions of President Obama’s judicial appointments. President Obama has filled roughly 30% of the federal judicial seats in his tenure as President. In this Teleforum, Daniel Horowitz will discuss his book and how he believes the will of the people is being usurped by activist judges.


  • Daniel Horowitz, Author, Stolen Sovereignty: How to Stop Unelected Judges from Transforming America
  • Moderator: Hon. Eileen J. O'Connor, Founder, Law Office of Eileen J. O'Connor, PLLC

Clean Power Plan Litigation Update - Podcast

Environmental Law & Property Rights Practice Group Podcast
Elbert Lin September 01, 2016

On Tuesday, September 27, the D.C. Circuit Court of Appeals will hear West Virginia v. Environmental Protection Agency, the case that will determine the fate of President Obama’s Clean Power Plan. If enacted, the Clean Power Plan would set a national limit for carbon emissions, and require each state to reduce its own output and meet state-specific standards. In February, the Supreme Court voted 5-4 to stay the Clean Power regulations while the case was pending in the D.C. Court. Twenty-four states, and various energy producers, have joined the suit against the federal government. Does the EPA have the authority to regulate a state’s carbon emissions under the Clean Air Act? Elbert Lin, the Solicitor General of West Virginia, joined us to discuss the arguments as briefed in this highly important case.


  • Mr. Elbert Lin, Solicitor General, State of West Virginia

The Least Dangerous Branch? Reflections on Bickel’s Classic - Podcast

Professional Responsibilities & Legal Education Practice Group Podcast
Erwin Chemerinsky, James A. Haynes, Ronald Rotunda July 14, 2016

The Federalist Society's Teleforum series, Legal Classics Revisited, will consider Professor Alexander Bickel's 1962 book, The Least Dangerous Branch. In a life cut short just before his 50th birthday, Professor Bickel contributed to our understanding of American constitutional law. Among his more provocative concepts was the "counter-majoritarian difficulty." It is not unique to observe that in a nation governed by elected representatives, an unelected Federal judiciary with lifetime tenure represents an anomaly. Alexander Hamilton penned Federalist No. 78 to explain and defend the idea. Professor Bickel takes Hamilton's idea and his title and spends his book exploring the questions: How can an unelected branch of government be a co-equal branch of government? How can society enjoy the benefits of an impartial judiciary without seismic jolting along the fault line between majoritarian and counter-majoritarian institutions? Professor Bickel's questions are still extremely relevant today.


  • Dean Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine
  • James A. Haynes, Attorney and Alternate Judge, U.S. Dept of Labor, Employees Compensation Appeals Board
  • Prof. Ronald Rotunda, Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University Dale E. Fowler School of Law

House of Representatives Wins Round One of Obamacare Challenge: U.S. House of Representatives v. Burwell - Podcast

Administrative Law & Regulation Practice Group Podcast
Josh Blackman May 20, 2016

On Thursday, May 12, a United States District Court Judge upheld a constitutional challenge to the Affordable Care Act by finding that the monies for two programs that reimburse insurance companies for providing health coverage at lower costs to low-income consumers and provide tax credits to help these consumers afford their premiums were never appropriated by Congress, and that the programs were thus unconstitutional. Judge Rosemary M. Collyer stayed her decision pending appeal. Our expert discussed the opinion as well as its outlook on appeal.


  • Prof. Josh Blackman, Assistant Professor of Law, South Texas College of Law