The Compact Clause of the Constitution provides that "[n]o State shall, without the Consent of Congress... enter into any Agreement or Compact with another State, or with a foreign Power." The Supreme Court requires congressional consent only for interstate compacts that attempt to enhance "states power quoad [relative to] the federal government" opening the door to approximately 200 interstate compacts. On this previously recorded conference call, the speakers discuss states’ rights, the issues that arise from interstate compacts, and their impact on federal programs. Featuring Dr. Michael Greve of the American Enterprise Institute and Mr. Nick Dranias of the Center for Constitutional Government at the Goldwater Institute. [Listen now!]

In March 2011, the Second Circuit Court of Appeals issued summary judgment in Harmon v. Markus, a challenge to New York's rent stabilization law by Mr. John Harmon, whose townhouse has been occupied for years by tenants paying rent equal to about 60% of market value. The Second Circuit ruled that "government regulation of the rental relationship does not constitute a physical taking" in light of the Supreme Court precedent, and that Mr. Harmon was therefore not entitled to just compensation. The Supreme Court has asked New York City and the tenants to file a response to the certiorari petition filed by Mr. Harmon. On this previously recorded conference call, Prof. Richard Epstein provides analysis of the case and rent control statutes as they relate to the Takings Clause and answers questions from the callers.

Nicholas Wapshott's book examines the vastly divergent economic philosophies of John Maynard Keynes and Friedrich von Hayek. Messrs. Keynes and Hayek studied the normal course of the capitalist business cycle, especially after World War I, but reached radically different opinions about the role governments should play in regulating and ameliorating the effects of the business cycle. These two gentlemen, two of the most influential economic thinkers of the 20th Century, participated in on-going debates about the respective merits of their own philosophies and the demerits of the other's philosophies. Mr. Wapshott examines these debates and expounds on them in this podcast. Featuring Mr. Nicholas Wapshott, Author of Keynes vs. Hayek: The Clash that Defined Modern Economics, and Mr. James A. Haynes of the Professional Responsibility & Legal Education Practice Group Executive Committee and the Baltimore Lawyers Chapter.

Much has been written lately about companies’ unwillingness to invest or create new jobs in California. 2010 was the first census in which California did not add a member of Congress. Other states, including Texas, are seeing large influxes of new jobs and people. Some have suggested that California law (as passed by the legislature and as made by the courts) contributes to a negative business climate that discourages investment and job creation. This panel will look at California laws involving employment issues, tort liability, and environmental regulation and compare California’s approach to those of other states, including Texas to determine whether the law has become an impediment to job creation in California. This panel was featured at the Sixth Annual Western Conference on January 28, 2012. Featuring Mr. William J. Emanuel of Littler Mendelson PC; Mr. Jed Kolko of Trulia; Mr. H. Scott Leviant of Spiro Moss LLP; Mr. David A. Schwarz of Irell & Manella LLP; Ms. Kate Comerford Todd of the National Chamber Litigation Center; and Judge Carlos T. Bea of the  U.S. Court of Appeals for the Ninth Circuit as the moderator. Introduction by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.