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The Constitutionality of Independent Agencies: The CFPB

Litigation Practice Groups Teleforum Thursday, August 25, 2016 02:00 PMFederalist Society Teleforum Conference Call

In April, the mortgage lender PHH Corporation challenged the constitutionality of the Consumer Financial Protection Bureau (CFPB) after being ordered by the CFPB to disgorge $109 million. PHH challenged the bureau’s legitimacy under Article II, and cited Free Enterprise Fund v. Public Company Accounting Oversight Board as relevant precedent, because PCA officers could be removed for cause, and then, only by officers of the SEC. Meanwhile, the CFPB cited Humphrey’s Executor v. United States, in which the Supreme Court upheld the constitutionality of the Federal Trade Commission Act, which allowed the president to remove an FTC commissioner only for cause. Here to discuss the CFPB and the constitutionality of other independent agencies like it are Professor Peter Conti-Brown of The Wharton School and Gregory Jacob, partner at O'Melveny & Myers LLP.

Featuring:

  • Peter Conti-Brown, Assistant Professor of Legal Studies and Business Ethics, The Wharton School
  • Gregory F. Jacob, Gregory F. Jacob Partner, O'Melveny & Myers LLP

Religious Freedom of Religious Colleges

Religious Liberties Practice Group Teleforum Wednesday, August 24, 2016 03:00 PMFederalist Society Teleforum Conference Call

Mr. Gregory S. Baylor of Alliance Defending Freedom will discuss current and future challenges to the religious freedom of faith-based institutions of higher education, focusing on the ongoing debate over California Senate Bill 1146. Earlier versions of SB1146 would have significantly curtailed longstanding religious freedom protections in state anti-discrimination law, thereby exposing faith-based schools to liability for discrimination on the basis of religion, sexual orientation, and gender identity in student and employee relations. The bill's prime sponsor recently removed its most controversial provisions, but he indicated that a similar bill may be proposed in the next legislative session.

Featuring:

  • Mr. Gregory S. Baylor, Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom

Former NSA and CIA Director General Michael V. Hayden

International & National Security Law Practice Group Teleforum Tuesday, August 23, 2016 01:00 PMFederalist Society Teleforum Conference Call

General Michael V. Hayden, former Director of the National Security Agency and the Central Intelligence Agency, and retired United States Air Force four-star general, will join us to discuss his new book, Playing to the Edge: American Intelligence in the Age of Terror, his memoir as a career intelligence officer and leader. Though the book covers the arc of his entire professional life, our Teleforum will focus primarily on the cyber world, which he describes as “a domain of conflict and cooperation whose importance seems to grow by the hour” couched “in an era of shrinking trust in government and expanding global threats.”

Featuring:

  • Gen. Michael V. Hayden, Principal, The Chertoff Group, Former NSA and CIA Director
  • Moderator: Prof. Jamil N. Jaffer, Adjunct Professor and Director, Homeland and National Security Law Program

Voter ID: A Debate

Free Speech & Election Law Practice Group Monday, August 22, 2016 02:00 PMFederalist Society Teleforum Conference Call

Recent North Carolina, North Dakota, Texas, and Wisconsin court decisions have invalidated voter ID laws under constitutional and Voting Rights Act challenges. How do these recent decisions square with Crawford v. Marion County Election Board, where the United States Supreme Court upheld the Indiana voter ID law in 2008? Maya M. Noronha, an election attorney at BakerHostetler, and Dan Tokaji, a law professor at The Ohio State University, Moritz College of Law, will address these recent decisions and debate the legality of voter ID laws.

Featuring:

  • Ms. Maya Noronha, Associate, BakerHostetler
  • Prof. Daniel P. Tokaji, Moritz College of Law, The Ohio State University