In September, the Department of Justice announced that it would withdraw its 1995 bank merger guidelines and apply its 2023 merger guidelines for all industries, a move that some have interpreted as signaling stricter review of bank mergers. At the same time, Congress is considering the “Credit Card Competition Act,” which purports to promote competition in the credit card network space. Join us for a discussion of these topics and their implications for consumers, competition, and the...

In 1906, Congress passed the Antiquities Act, which gives the President the authority to set aside federal land to protect "objects of historic or scientific interest." Presidents have since used the Act in increasingly broad ways, setting aside millions and millions of acres to protect broader arrays of "objects." Recently, President Biden set aside 3 million acres in Utah to protect a collection of such objects -- among them: landscapes, regions, ecosystems, habitats, and...

Last term, the Supreme Court handed down its ruling in Loper Bright Enterprises v. Raimondo. This watershed ruling included the notable line, “Chevron is overruled.” The federal judiciary is now to review agencies’ interpretations of statutes that are “silent or ambiguous” without affording an agency deference. This decision is already affecting administrative law and the review of agency rulemaking. It is being widely cited by both litigants and courts. For example, in U.S. Sugar Corp. v....

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Wisconsin Bell v. U.S., (November 4) - Telecommunications; Whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are “claims” under the False Claims Act. Advocate Christ Medical Center v. Becerra, (November 5) - Medicare; Whether the phrase “entitled ... to benefits,” used twice in...

Chiles v. Salazar arises from a challenge to a Colorado law limiting therapists’ speech when counseling gay and transgender individuals. The Minor Conversion Therapy Law (MCTL) prevents licensed mental health professionals from providing any practice or treatment that “attempts or purports to change an individual’s sexual orientation or gender identity including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward...

The Federalist Society is proud to host Mark Rienzi, President of the Becket Fund and Professor of Law at the Catholic University of America, for this year’s annual discussion of Religious Liberty at the Court. This webinar will be moderated by William Saunders, Professor and Co-director of the Center for Religious Liberty at Catholic University of America. Please join us for this latest installment which will look at recent developments in religious liberty litigation and ahead to the...

When it comes to patent eligibility and statutory construction, does “any” really mean “any?” In the courts, is it permissible to limit statutorily-authorized patent term adjustment based on a doctrine that has no basis in statute? The debate surrounding these issues has only gotten livelier with recent Federal Circuit decisions and a bi-partisan patent eligibility bill working its way through Congress. With this backdrop, please join us for an exciting discussion about whether patent law has...

Garland v. VanDerStok concerns whether the ATF's 2022 update to its regulations under the Gun Control Act of 1968, which clarified that federal law requirements that apply to the manufacture and sale of standard firearms also apply to "ghost guns" --readily convertible weapons parts or receiver kits-- exceeds the mandate of the same. The ATF argues it simply clarified what had already been true in response to the notable rise in the use of ghost guns. The challengers, including both two...

Professor Ron Rotunda wrote seminal law books that are still used in law schools across the country and was the author of over 500 law review articles and other legal publications. These books and articles have been cited more than 2000 times by law reviews, by state and federal courts at every level, by the U.S. Supreme Court and by foreign courts in Europe, Africa, Asia and South America. He was also a member of the Federalist Society’s Professional Responsibility & Legal Education...

Liquefied natural gas (“LNG”) technology has enabled the United States to become the world’s largest exporter of natural gas in recent years, boosting our allies’ energy security and our own domestic economy and trade balance. Some estimates show that U.S. LNG export capacity will almost double over the next several years as facilities currently under construction come online. But LNG has met opposition from those concerned about its environmental impacts – including the Biden Administration,...

The National Telecommunications and Information Administration (NTIA) unveiled the National Spectrum Strategy in November 2023 with significant attention and has since introduced an implementation plan. This webinar will delve into potential implementation scenarios, expected outcomes, and how the upcoming presidential election might influence the strategy's execution. Featuring: Jennifer Warren, Vice President, Technology Policy & Regulation, Lockheed Martin Government Affairs Hon....

In his new book The Indispensable Right: Free Speech in an Age of Rage, Professor Jonathan Turley turns his attention to current attacks on free speech, analyzing them in the context of the historical, legal, and political traditions of free speech and the First Amendment which frame them. In so doing he discusses the interaction and role of government, academia, media, and others in creating the current climate surrounding speech which he finds troubling. Join us as Prof. Turley and...

For many years, legal scholars have declared that the nondelegation doctrine is dead. Professor Cass Sunstein once quipped that the nondelegation doctrine had only "one good year" and more than 200 "bad ones." But that has changed recently. In 2024, the en banc Fifth Circuit held that the Federal Communications Commision's (FCC) Universal Service Fund is unconstitutional on nondelegation grounds. It was one of the only times since 1935 that a court has done so, and it appears that 2024...

Please join us for a fireside chat with Gwendolyn Cooley, former Chair of the National Association of Attorneys General (NAAG) Multistate Antitrust Task Force (2021-2024) and former Wisconsin Assistant Attorney General (2005-2024). This candid conversation will cover how State Attoneys General work together across administrations, their work with Federal antitrust agencies, and more. Gwendolyn J. Lindsay Cooley Featuring: Gwendolyn J. Lindsay Cooley, Former NAAG Antitrust Task Force...

In Laredo, Texas, officials arrested local journalist and regular government critic Priscilla Villarreal for soliciting and receiving “information that has not been made public” with the "intent to obtain a benefit", a felony under a local statute. Ms. Villareal had asked a Laredo police officer for facts about two newsworthy events, which the officer shared and Ms. Villarreal then published. Interestingly, this marked the first time the statute had been enforced, despite sitting on the...

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Royal Canin U.S.A. v. Wullschleger, (October 7) -Federalism & Separation of Powers; Whether a post-removal amendment of a complaint to omit federal questions defeats federal-question subject matter jurisdiction pursuant to 28 U.S.C. § 1331; and (2) whether such a post-removal amendment of a complaint precludes a district...

In Nowhere to Live: The Hidden Story of America’s Housing Crisis, author James Burling describes the interesting history of America's housing market. With stories going back to the Civil War, the early twentieth century, and the “urban renewal” movement of the 1950s, Nowhere to Live argues that a series of governmental mistakes helped to create a current housing crisis. Burling also proposes a solution: "not by government fiat, but through the restoration of private property rights." Join the...

On June 25, 2024, the Oklahoma Supreme Court ruled that the nation’s first religious charter school, St. Isidore of Seville Catholic Virtual School, was unconstitutional under the Establishment Clause based on its view that the privately operated school was both a government entity and a state actor. This finding of state action also led the court to uphold a state law that expressly bans religious entities but not secular ones from operating charter schools. This forum will present views...

The Supreme Court recently decided that they will review a case dealing with the Clean Water Act (CWA), which prohibits the pollution of US waters without a National Pollutant Discharge Elimination System (NPDES) permit. In order to comply with the statute, the city of San Francisco was issued a permit by the Environmental Protection Agency (EPA) in 2019. The permit, however, lays down narrative limitations on the discharge of pollutants, such as anything which may “cause or contribute to a...

The Bureau of Land Management (BLM) recently adopted comprehensive new land management regulations known as the “Conservation and Landscape Health Rule,” or simply, “the Public Lands Rule.” The rule has spurred litigation challenging the Interior Department’s authority to establish a conservation “overlay” over 245 million acres of federal lands. Some argue that this rule, which aims to “build and maintain the resilience of ecosystems on public lands,” violates the Federal Land Policy...

PowerPoint Slides This program will provide a short introduction to the world of E-Discovery, predominantly in the civil litigation setting. Join us as Prof. Ted Hirt discusses E-Discovery and some related topics: the challenge of "big data," how the Federal Civil Rules deal with E-discovery (including case scheduling and orders), and "proportionality." Additionally, this program will cover topics including dealing with the client, safeguarding privileges, ways to deploy technologies in...

The free speech rights (or lack thereof) of K-12 students has always been a unique area in the realm of First Amendment litigation. Cases like Tinker v. Des Moines Independent Community School District from 60 years ago established that students do not leave their First Amendment rights at the schoolhouse gate, though subsequent cases have articulated that those First Amendment rights are not inherently co-extensive with the rights of adults. Schools often implement policies aimed at...

On July 15th, Teamster’s president Sean O’Brien surprised the country by becoming the first head of the nation’s largest labor union to speak at the Republican National Convention. Former president Trump chose J.D. Vance as his running mate, on the same day. Vance, a longtime advocate for disaffected blue-collar workers, reflects a larger populist swing within some parts of the conservative movement. The Republican party, long characterized by some as hostile to unions, now includes many who...

The U.S. Supreme Court continues to shape arbitration law through a strict interpretation of the Federal Arbitration Act (FAA), with each term introducing new nuances. This program will explore Supreme Court decisions from the latest term and examine recent interpretations by federal appeals courts, focusing on their impact on arbitration practice. The panel will offer practical insights into the evolving landscape of arbitration law, updates for attorneys to ensure compliance with the latest...