Teleforum

This teleforum provides a wide-ranging discussion on the recent developments in the China-Taiwan relationship. It explores the role that the United States may have in light of Taiwan Relations Act obligations and regional stability to provide both assurance and support to our ally, Taiwan, while - at the same time - examining concerns over the range of Chinese reactions. Featuring: -- Dr. June Teufel Dreyer, Professor of Political Science, University of Miami, Coral Gables-- Prof. Julian Ku, Senior Associate Dean for Academic Affairs, Faculty Director of International Programs, and Maurice A. Deane Distinguished Professor of Constitutional Law, Maurice A. Deane School of Law at Hofstra University-- Moderator: Saul Newsome, Attorney, Newsome International Law, LLC

Watchlisting people with known or suspected ties to terrorism has long been a key tool among U.S. counterterrorism and transportation security programs. For just as long, a wide range of people – from U.S. citizens to foreign nationals with no legal status in the United States – have litigated their suspected presence on watchlists or no-fly lists, claiming that those lists, or aspects of their administration, violate various tenets of due process and other rights. Last year, courts were particularly rough on the federal agencies charged with curating and using watchlists. For the first time, a district court held the government’s procedures with respect to the FBI’s centralized Terrorist Screening Database (TSDB), violates procedural due process of a group of twenty-three U.S. citizen plaintiffs. On the heels of that decision, the Supreme Court declined to review an en banc opinion by the Ninth Circuit suggesting that the government acted in bad faith with respect to the nearly 15-year long litigation co

Paul Atkins, Patomak Global Partners CEO, and banking consultant Bert Ely discuss the numerous programs Congress, in response to the COVID-19 pandemic, has directed the Federal Reserve to implement to provide financial support to America's financial institutions, state and local governments, and the broader economy. Much of this support will consist of the Fed purchasing bonds and other debt instruments, which could balloon the Fed's balance to a record size. Some of these support programs were undertaken after the 2008 financial crisis; others have never been tried before. Paul and Bert also offer their views as to how these programs might play out, and their potential longer term impacts on the U.S. financial system and the broader economy – all of which is taking place in an election year. Featuring: -- Paul Atkins, CEO, Patomak Global Partners -- Bert Ely, Principal, Ely & Company Inc.

The National Labor Relations Board (NLRB) has used rulemaking only a few times through the decades. But the Board recently issued final rules that make major changes to secret ballot election petitions, particularly decertification petitions. The final rules, issued April 1, 2020, make three major changes:(1) Ending the controversial “blocking charge” policy that allowed unions to unilaterally halt secret ballot elections by filing unfair labor practice charges alleging employer violations of the National Labor Relations Act (NLRA). (2) Reinstating the rule of Dana Corp., 351 NLRB 434 (2007), which allows employees to call for a secret ballot election after an employer voluntarily recognizes a union pursuant to a “card-check." The Dana rule had been in effect until it was overruled by the Board in Lamons Gasket Co., 357 NLRB 739 (2011).(3) A construction industry employer and union may no longer bar an employee’s election petition if they converted their Section 8(f) bargaining relationship into a Section 9(a

Police in Greenwood Village, CO, chased a shoplifting suspect into a home belonging to Leo Lech and his family. When the suspect took a shot at the police, they responded by using an armored vehicle to tear gaping holes in the side of the house and launching "gas munitions" into the interior, effectively destroying the home. The Lech family sought compensation, but the Tenth Circuit rejected their claim on the grounds that the Fifth Amendment's just compensation requirement contains a categorical exception for law enforcement. Was that decision correct, and either way, should the Supreme Court grant cert and reconsider whether owners are entitled to compensation when their property is damaged or destroyed in police operations?Featuring: Clark Neily, Vice President for Criminal Justice, Cato InstituteModerator: Jeffrey Redfern, Attorney, Institute for Justice Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should recei

The COVID-19 crisis has exacerbated strains on all parts of our justice system from police officers on the frontlines to federal prisons. With the passage of the First Step Act signed by President Donald Trump in December 2018, the federal government moved in the direction of dozens of states that have sought to reduce the size, scope, and cost of their systems while still protecting public safety. Amid the current crisis, calls have grown to take additional steps at the federal, state, and local levels, as many advocates worry about the impact of COVID-19. For example, U.S. Attorney General William Barr has ordered the release of hundreds of elderly and infirm individuals based on geriatric release provisions in the First Step Act and the most recent $2 trillion economic relief bill. As further actions are considered at all levels of government, join this call as we assess the impact of the First Step Act and what next steps are possible based on public safety and public health considerations.Featuring: -- M

Join us as Uttam Dhillon, the Acting Administrator of the Drug Enforcement Administration, discusses the response to COVID-19, as well as the pressing issues of the opioid epidemic in America, the dangerous threat from fentanyl, and the proliferation of methamphetamine. He will also review the threat from Mexican Transnational Criminal Organizations (TCOs), the reduction of violent crime associated with drugs, and drug abuse prevention. Featuring: -- Uttam Dhillon, Acting Administrator of the Drug Enforcement Administration

Shut-down orders issued by state governors amid the COVID-19 pandemic and federal responses to the pandemic such as the CARES Act raise a range of issues related to religious freedom. Join us for this teleforum that will discuss the constitutional and statutory issues raised by these measures, including religious exemptions and participation by religious institutions in federally funded relief programs.Featuring: -- Kim Colby, Director of the Center of Law and Religious Freedom, Christian Legal Society-- Prof. Michael P. Moreland, University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University Charles Widger School of Law

The Heritage Foundation’s newly released 2020 Index of Economic Freedom confirms yet again the economic and social benefits of policies that preserve and promote economic freedom. Economic freedom has grown over the last year in most of the world (although there was a slight decline in the United States), but will no doubt be hurt by emergency health measures that include social distancing, job suspensions, and mobility restrictions. These measures may be unavoidable in the current crisis. Is there a way to prevent governments, in the name of crisis response, from adding to the problem by undertaking spending or regulatory measures that might do lasting harm to our economic prospects in the future? Please join us as we discuss this question and key findings from the 2020 Index of Economic Freedom. Featuring--Ambassador Terry Miller, Director, Center for International Trade and Economics and Mark A. Kolokotrones Fellow in Economic Freedom, The Heritage Foundation-- Nicolas Loris, Deputy Director of the Thoma

On March 18, the Senate passed and the President signed into law the “Families First Coronavirus Response Act.” Among other things, this new law, set to take effect no later than April 2, 2020, creates a new paid sick leave mandate for all employers with fewer than 500 employees and expands the application of the Family Medical Leave Act to cover all employers in certain circumstances related to the coronavirus. Karen Harned and James Paretti will walk participants through key provisions of this new law.Featuring: -- Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center-- James A. Paretti, Shareholder, Littler Mendelson P.C.

Of Federalism, Copyright, and Blackbeard’s Revenge: The recent Supreme Court ruling in Allen v. Cooper is the latest development in a decades-long series of Congressional enactments and Supreme Court rulings over whether and how Congress can abrogate the sovereign immunity of States from intellectual property infringement suits. This all-star panel will discuss the Court’s most recent decision in the context of the evolution of the Court’s sovereign immunity jurisprudence, the policy concerns of Congress and intellectual property owners, and where we might go from here.Featuring: Prof. Steven Tepp, Professorial Lecturer in Law, George Washington Law, and President and Founder of Sentinal Worldwide Prof. John T. Cross, Grosscurth Professor of Intellectual Property Law and Technology Transfer, University of Louisville Brandeis School of LawProf. Ralph Oman, Pravel, Hewitt, Kimball and Kreiger Professorial Lecturer in Intellectual Property and Patent LawProf. Ernest A. Young, Alston & Bird

Until recently, the Internal Revenue Service and Treasury Department typically issued regulations involving the tax law with scant compliance with the familiar procedural requirements of administrative law for primarily three reasons. First, because tax law was considered “exceptional;” second, the agencies believed that their rules and regulations were exempt from the requirements of the APA and related statutes; and third, the “Anti-Injunction Act,” 26 U.S.C. § 7421(a), was thought to drastically limit judicial jurisdiction over taxpayer challenges to the validity of tax regulatory actions. Over the past decade, tax agency practices have been under attack and taxpayers have been pursuing their challenges to the procedural validity of tax regulations in the courts, notwithstanding the consistent opposition of the Government. Our speakers have been at the center of those challenges and will discuss several very recent cases highlighting the changing environment for APA challenges to tax regulations. Featur

First appearing in a 1949 dissent authored by Justice Robert H. Jackson, the phrase “the Constitution is not a suicide pact” is being cited today by critics of perceived government overreach. Local, state, and federal authorities have directed citizens to self-isolate to prevent the spread of COVID-19, causing the biggest economic shutdown in modern history. Part of the effort to “flatten the curve”, these initially voluntary quarantines are quickly becoming legal mandates in certain states (and nations across the world). In California and New York, people violating stay-home orders for non-essential activities have been ticketed and cited with misdemeanors. Is there a point at which these restrictions on travel and assembly violate the rights inherent in America’s constitutional order? Many legal scholars agree the chief executive has quasi-wartime powers during national pandemics, but is there a limiting principle or expiration date? Join Professors Richard Epstein and Anthony

On April 6, 2020, the Supreme Court, by a vote of 8-1, held that reasonable suspicion for a vehicle stop exists where the officer is informed that the registered owner of the suspect vehicle has a suspended driver's license. In an opinion written by Justice Thomas, the Court reaffirmed its decision in United States v. Cortez (1981) when it wrote that for an officer to initiate a brief investigative traffic stop requires "a particularized and objective basis for suspecting the particular person stopped of criminal activity."Brian Fish will discuss today's opinion in Kansas v. Glover, its implications, and the dissent written by Justice Sotomayor.Featuring: Brian M. Fish, Special Assistant, United States Attorney, Baltimore, Maryland Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those

Does the Second Amendment “right of the people” to “bear arms” protect an individual right to carry handguns outside of the home for lawful purposes, or may government officials decide who has a “good reason” to do so? After Heller held that the Second Amendment’s right to keep and bear arms guarantees a right to keep handguns in the home and McDonald incorporated that fundamental constitutional right against the states, the circuit courts have split over whether discretionary “may issue” carry licensing regimes are permissible. How might the Supreme Court resolve the current New York City case regarding transport of handguns outside of the home, and what are the potential implications for the hotly-debated question whether the right to carry applies generally to the law-abiding public? And in the wake of the Coronavirus shutdowns, should gun shops be considered “necessary businesses,” so that citizens who so choose may acquire a gun to protect their families?Featuring: -- Stephen Halbrook, author of The F

Amongst the many studies of the makeup of the Federal Judiciary, one particularly noticeable characteristic is the overrepresentation of Ex-prosecutors in relation to other potential professional backgrounds on the federal bench. One recent study published by the Cato Institute fully delved into this controversial issue and brought further attention to this aspect of the Federal Judiciary. Is the overrepresentation necessarily a negative aspect of the Federal Judiciary? Are there sound reasons for preferring judges who have a prosecutorial background? How has this aspect of the Judiciary shaped our constitutional and statutory law in recent decades? Join us as we discuss these controversial issues with our distinguished guests: Clark Neily, Vice-President for Criminal Justice, The Cato Institute Jesse Panuccio, Partner, Boies Schiller Flexner LLP Moderator: Jodi Balsam, Associate Professor of Clinical Law|Director, Externship Program Brooklyn Law School