Eleventh Hour Changes to the Census: Newly Proposed Racial Categorizations - Podcast

Civil Rights Practice Group Podcast
Roger B. Clegg, Mike Gonzalez October 26, 2016

On September 30, the Office of Management and Budget (OMB) proposed a new rule on the nation’s racial categorizations, titled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity.” This rule would apply to federal programs throughout the federal government.

Two proposed changes stand out: the first would create a new ethnic group by bringing together people who originated in the North Africa and the Middle East (MENA), and the second would eliminate a question on race for Hispanics, effectively making “Hispanics” their racial identifier. OMB calls this a “limited revision,” but the changes would impact many areas including congressional redistricting and affirmative action programs. Currently Hispanics mark two boxes, an ethnic one for Hispanic, a second one for race. Thus over 50 percent of Hispanics (29 million in the 2010 census) are categorized as white. Since Hispanics account for 75 percent of the growth of whites today, preventing them from being identified as white in government statistics would have real and important effects.


  • Mr. Roger Clegg, President & General Counsel, Center for Equal Opportunity
  • Mr. Mike Gonzalez, Senior Fellow, The Heritage Foundation

Courthouse Steps: Samsung v. Apple: Giants in the Supreme Court - Podcast

Intellectual Property Practice Group Podcast
Rachel W. Apter, Mark D. Janis October 24, 2016

After years of litigation, the bitterly fought and highly publicized smartphone patent war between two of the biggest players in the industry, Apple and Samsung, finally reached the U.S. Supreme Court. While Apple has already won the patent infringement case, the Supreme Court addressed the complicated question of how to determine damages based on a design patent in a product with thousands of other patents covering it as well. Is the statutory language clear and controlling? Are profits from the entire value of the phone the right measure? Or something less? Do design patents even have any economic value at all in a technically complex product? Is the design of a smartphone more like the design of an entire car, or just a cup holder? Our speakers will discuss the oral argument, their views on the merits of the case, as well as the important policy questions related to the economic value of design patents.


  • Ms. Rachel W. Apter, Senior Associate, Orrick
  • Prof. Mark D. Janis, Robert A Lucas Chair of Law; Director, Center for Intellectual Property Research, Maurer School of Law, Indiana University, Election Lawyer Center

Shakespeare & the Law: Julius Caesar - Event Audio/Video

Boston Lawyers Chapter
David Barron, Jennifer C. Braceras, Martha Coakley, Nancy Gertner, Michael Greco, Nathaniel M. Gorton, Jeff Jacoby, Daniel J. Kelly, George A. O'Toole Jr., Dean A. Reuter, Carol Rose, F. Dennis Saylor IV, Douglas P. Woodlock, Rya W. Zobel October 21, 2016

Julius Caesar is Shakespeare’s classic depiction of the abuse of power, political assassination and intrigue – a plot that would rival any episode of House of Cards or Scandal. The play offers a valuable and timeless springboard for a discussion of the use of executive power in 21st century America – and its future under a Clinton or Trump presidency.

The Shakespeare & the Law series features a staged reading of the abridged play performed by prominent judges, attorneys, journalists, political strategists and scholars, followed by a panel discussion that explores the implications of the work in the era of Obama, Clinton and Trump. Presented in partnership with the Federalist Society, McCarter & English LLP, and Foley Hoag LLP. 

This event took place at the Wimberly Theatre at the Boston Center of the Arts in Boston, MA on September 28, 2016.

Participants include:

  • David J. Barron, United States Circuit Judge for the U.S. First Circuit Court of Appeals
  • Jennifer C. Braceras, Attorney and Editor of NewBostonPost
  • Martha Coakley, Former Attorney General of Massachusetts
  • Nancy Gertner, Retired Judge, United States District Court for the District of Massachusetts
  • Michael S. Greco, Partner at K&L Gates and past present of the American Bar Association
  • Nathaniel  M. Gorton, United States District Judge for the District of Massachusetts
  • Jeff Jacoby, Op-Ed Columnist for The Boston Globe
  • Daniel J. Kelly, Chairman of the Boston Lawyers Division of the Federalist Society and a partner at McCarter & English
  • George A. O’Toole, Jr., United States District Judge for the District of Massachusetts
  • Dean Reuter, Vice President & Director of the Practice Groups of the Federalist Society 
  • Carol Rose, Executive Director of the ACLU of Massachusetts
  • F. Dennis Saylor IV, United States District Judge for the District of Massachusetts 
  • Douglas P. Woodlock, United States District Judge for the District of Massachusetts
  • Rya W. Zobel, United States District Judge for the District of Massachusetts

Wimberly Theatre at the Boston Center for the Arts
Boston, MA

Consumer Financial Protection Bureau Update - October 2016 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Julius L. Loeser October 20, 2016

Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee will provide an update on recent important activity at the Consumer Financial Protection Bureau (CFPB). The wide-ranging discussion will cover the CFPB’s payday loan rulemaking, civil penalty fund, consumer complaint database, management challenges, and the bureau’s views on student loans. Another important topic will be the U.S. Court of Appeals for the District of Columbia’s recent ruling in PHH Corporation, et. al., v. CFPB, that the CFPB's structure is unconstitutional.


  • Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
  • Julius L. Loeser, Of Counsel, Winston & Strawn LLP

Alexander Hamilton on Judicial Independence

Short video featuring Adam White
Adam J. White October 20, 2016

What is the proper role of the Supreme Court in the government and in society? Adam White, research fellow at the Hoover Institution, explains Federalist No. 78, Alexander Hamilton's take on the role of the Supreme Court, and what judicial independence means for America today.