Environmental Law & Property Rights Practice Group Podcast
In Horne v. U.S. Department of Agriculture, eight justices of the Supreme Court agreed that a governmental taking of personal property, just like real property, was a compensable taking under the Fifth Amendment. In Horne, the government took physical control of parts of the Horne's raisin crop, withholding it from the market in order to influence raisin prices. Under other agricultural programs, growers are permitted to send to market only certain quantities of the produce, though the government never takes physical control of the goods. Just how sweeping is the Horne decision? Does it apply to all forms of personal property? What level of control must the government exercise over personal property in order for there to be a compensable taking? Are these other agricultural programs now suspect?
- Prof. John D. Echeverria, Vermont Law School
- Hon. Michael W. McConnell, Professor of Law and Director, Stanford Constitutional Law Center, Stanford Law School
2015 Texas Chapters Conference
On September 19, 2015, The Federalist Society hosted the 2015 Texas Chapters Conference at the George W. Bush Presidential Center in Dallas, Texas. In this session, Keith Hennessey, former Assistant to President George W. Bush for Economic Policy and Director of the U.S. National Economic Council, was interviewed about The 2008 Financial Crisis.
Interview: The 2008 Financial Crisis
- Keith Hennessey, former Assistant to President George W. Bush for Economic Policy and Director of the U.S. National Economic Council
- Interviewer: Marc Kesselman, former General Counsel of the Department of Agriculture and former Deputy General Counsel of Office of Management and Budget
- Introduction: William Peterson, Beck Redden LLP and President, Houston Lawyers Chapter
September 19, 2015
2015 Texas Chapters Conference
On September 19, 2015, The Federalist Society hosted the 2015 Texas Chapters Conference at the George W. Bush Presidential Center in Dallas, Texas. President of the George W. Bush Presidential Center and former United States Secretary of Education Margaret Spellings welcomed the attendees at the start of the conference. The following panel featured a retrospective on the War on Terror and the Rule of Law.
- Hon. Margaret Spellings, President, George W. Bush Presidential Center and former United States Secretary of Education
Panel: The War on Terror
- Hon. Michael Chertoff, former Secretary, Department of Homeland Security
- Hon. William Haynes, II, former General Counsel, Department of Defense
- Hon. Michael Mukasey, former Attorney General, Department of Justice
- Hon. Larry D. Thompson, former Deputy Attorney General, Department of Justice
- Moderator: Mr. John Rizzo, former Acting General Counsel, Central Intelligence Agency
September 19, 2015
Litigation Practice Group Podcast
The federal rulemakers have begun a wholesale reexamination of the rule on class actions, Federal Rule of Civil Procedure 23. Both the plaintiffs' bar and the defense bar have proposed significant changes. During this Teleforum, we discussed some of these proposals and explained where the rulemaking process is at the present time and how you can get involved to make your views known.
- Prof. Brian Fitzpatrick, Professor of Law, Vanderbilt University Law School
- Mary Massaron, Partner, Plunkett Cooney
Criminal Law & Procedure Practice Group Podcast
FBI Director James Comey recently testified before Congress about what he characterized as law enforcement's increasing lack of technical ability to carry out court orders to intercept and access communications and information because of a fundamental shift in communications services and technologies. This issue has been coined the “going dark" problem. According to Comey, changes in technology such as encryption hinder law enforcement’s ability to use investigative tools and follow critical leads to stop terrorists and cyber criminals.
Is "going dark" a real problem, or are Director Comey's concerns overblown? Do the means exist to develop techniques and tools, designed to mitigate the challenges associated with "going dark," while maintaining the privacy-protecting attributes of the technologies at issue?
- Prof. Peter Swire, Nancy J. and Lawrence P. Huang Professor of Law and Ethics, Scheller College of Business, Georgia Institute of Technology and Senior Counsel, Alston & Bird LLP
- Mr. Benjamin Wittes, Senior Fellow, Governance Studies, The Brookings Institution
Co-Sponsored by the Faculty Division and the Practice Groups
October 5th will mark the first day of the 2015 Supreme Court term. Thus far, the Court's docket includes major cases involving the death penalty, affirmative action, unions, civil asset forfeiture, and more.
Notable cases include Campbell-Ewald Company v. Gomez, which concerns pre-certification mootness; Tyson Foods v. Bouaphakeo, which concerns class certification where statistical methods are used to establish liability and damages; Spokeo v. Robins, which concerns Article III standing and statutory damages; Fisher v. University of Texas at Austin, which concerns affirmative action in admissions; Evenwel v. Abbott, which concerns redistricting law; Friedrichs v. California Teachers Association, which concerns teacher unions; and Kansas v. Gleason, Kansas v. Carr, Montgomery v. Louisiana, Foster v. Humphrey, and Hurst v. Florida, which all concern the death penalty.
In addition to these cases and others, which may include abortion and contraceptive mandate questions, the panelists will discuss the current composition and the future of the Court.
- Prof. Gail Heriot, Professor of Law, University of San Diego School of Law
- Mr. John Elwood, Partner at Vinson & Elkins
- Mr. Neal K. Katyal, Partner at Hogan Lovells
- Prof. John F. Stinneford, Professor of Law and Assistant Director, Criminal Justice Center at Levin College of Law, University of Florida
- Mr. Ed Whelan, President of Ethics & Public Policy Center
- Moderator: Mr. Adam Liptak, The New York Times
September 30, 2015