Federalist Society Practice Groups Podcasts

Sep 27 2017 180 ep. 51 mins 586

Federalist Society Practice Groups Podcasts artwork

This series of podcasts features experts who analyze the latest developments in the legal and policy world. The podcasts are in the form of monologues, podcast debates or panel discussions and vary in length. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues.

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Striking Power

Threats to international peace and security include the proliferation of weapons of mass destruction, rogue nations, and international terrorism. In Striking Power, Professor Jeremy Rabkin and Professor John Yoo argue that the United States must respond to these challenges to its national security and to world stability by embracing new military technologies such as drones, autonom

Litigation Update: Sanctuary Cities in the District Court

On Friday, September 15 Judge Harry Leinenweber of the Northern District of Illinois granted a preliminary injunction against the federal government�s enforcement of a new Justice Department requirement tied to federal funding. The new Byrne Justice Assistant Grants require sanctuary cities that want federal funding to cooperate with federal immigration officials and notify them

The European Commission�s Google Decision: Searching for Answers

On June 27, the European Commission issued the long awaited opinion in its competition case against Google. The Commission held that Google had abused its dominant position as an Internet search engine by promoting its own comparison shopping service in search results and demoting those of competitors. In addition to imposing a fine of �2.42 billion ($2.7 billion) � the largest

Janus in the Court

In 1977 in Abood v. Detroit Board of Education, the Supreme Court ruled that public employees, including school teachers, could legally be required to pay a fee if they refuse to join a public-sector union. According to the Detroit Board of Education, the fee was necessary to off-set the costs the union incurred while bargaining on behalf of union and non-union members alike. -- A

Politics and Federal Antitrust Enforcement: Strangers or Bedfellows?

Some antitrust lawyers often say the federal government�s decisions about which mergers to challenge, which monopolists to rein in, and which price-fixers to send to jail are relatively consistent regardless of who occupies the White House. But has federal antitrust enforcement really been entirely apolitical, based on economics, and divorced from other issues such as trade, job

Law Firm Preferences

Major American corporations are pressuring their outside law firms to meet diversity goals both firm-wide and in the legal teams assigned to the company�s work. For example, Facebook announced this year that the law firm teams working on its matters must consist of at least 33 percent women and minorities. This pressure has resulted in the widespread use of race and gender prefer

Antitrust Implications of Pharmaceutical Pricing: from Martin Shkreli to EpiPen

From Martin Shkreli to the Epipen, decisions about pharmaceutical pricing and distribution have been very much in the news of late. Much of the discussion centers on whether or not it is immoral to charge high prices. The question remains, however, about whether those business practices raise antitrust concerns. Can a high price in and of itself violate antitrust laws? What about p

Patent Law and Antitrust

Recent developments in US patent law, particularly the Americans Invents Act (AIA) and the Supreme Court�s jurisprudence on patent-eligible subject matter, have raised questions of whether, and to what extent, the Constitutional directive to promote technological innovation has been undermined or frustrated. The panel discussed whether the U.S. is shifting from a view of patents

Courthouse Steps: DOL Overtime Rule

On Thursday, August 31, Judge Mazzant of the Eastern District of Texas invalidated the Department of Labor�s Overtime Rule, which would have increased the minimum salary level for overtime-exempt employees from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). Maury Baskin and Tammy McCutchen of Littler Mendelson joined us to discuss the decision and its signi

Fiduciary Rule Update

On April 8, 2016, the Department of Labor (DOL) published the Fiduciary Rule, which greatly expanded the universe of entities and persons that DOL deems to be fiduciaries with respect to retirement plans under the Employment Retirement Income Security Act of 1974 and with respect to Individual Retirement Accounts under the Internal Revenue Code. The Rule was originally scheduled to