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2021 Executive Branch Review Week

The Next Four Years

May 17 — 20, 2021
Register

Executive Branch Review Week will feature eleven webinar panels over four days of programming discussing the theme "The Next Four Years".

All panels will be live-streamed and available to watch online, as well as recorded for later viewing on our YouTube channel.

Continuing Legal Education (CLE) credits will be available for the four webinars on Wednesday, May 19.

No cost to attend.

CLE is offered only for the webinars on Wednesday, May 19.
CLE registration: $50 for members, $100 for non-members
Up to 6 credits available, depending on state approval.

 
 

This event will be hosted on Airmeet, a virtual event platform that combines the benefits of a webinar with virtual networking, so plan to visit the networking lounge before, between, and after panel discussions/sessions. Airmeet works best on a laptop or desktop computer. Functionality is limited on phones. Chrome is the preferred browser for Airmeet. Please click the "Webinar Register" button above and proceed through the registration process on Airmeet. After you register, you will receive a confirmation email from Airmeet. On the day of the event, return to Airmeet and sign in with the email address you used to register. If you have any difficulties, check out our Airmeet Registrant Instructions visual guide or feel free to contact airmeet@fedsoc.org.

Monday, May 17

  • Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today
  • Trade and Its Cross-Cutting Equities: New Horizons, New Challenges

Tuesday, May 18

  • Civil Rights in the New Administration
  • Reputational Risk in Banking: Is Operation Chokepoint the Answer?

Wednesday, May 19

  • Regulating Social Media in the New Administration
  • Settlement Payments to Non-Governmental Third Parties
  • Religious Liberty in Transition?
  • State Sovereignty or Fair-Weather Federalism?

Thursday, May 20

  • Climate Change, Environmental Justice, and the Environmental Agenda
  • Is Faithful Execution being Devoured By Factional Execution?
  • Judicial Nominations and Confirmations

Networking Lounge

Airmeet, our new online platform for the Executive Branch Review Conference, offers us the exciting opportunity to network with one another, and with speakers, moderators, and FedSoc staff. Before, between and after panel discussions, feel free to click the Lounge button at the top of your screen and join a table of fellow conference attendees. As sessions conclude, we'll also send a "Lounge Alert" with a link you can click to make it easy to join the Lounge. We'll also send alerts to the Lounge before panel discussions begin, so there is no need to worry about missing any of the panels.Please plan to join us in the "Lounge" for a unique networking opportunity. It's a great way to stay in touch with everyone until we can convene in person once again.  We look forward to seeing you there!


Confirmed participants to date:

  • Hon. Alice M. Batchelder, U.S. Court of Appeals, Sixth Circuit
  • Mr. Greg Baer, President and Chief Executive Officer, Bank Policy Institute
  • Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School
  • Hon. Elizabeth L. Branch, U.S. Court of Appeals, Eleventh Circuit
  • Hon. Brian P. Brooks, Former Acting Comptroller of the Currency, Office of the Comptroller of the Currency
  • Ms. Nadira Clarke, Partner and Section Chair for Environmental Safety & Incident Response, Baker Botts LLP
  • Mr. Art Coleman, Managing Partner and Co-Founder, EducationCounsel
  • Mr. Eric Dreiband, Partner, Jones Day
  • Hon. W. Neil Eggleston, Partner, Kirkland & Ellis; Former White House Counsel
  • Mr. Tony Francois, Senior Attorney, Pacific Legal Foundation
  • Prof. Thomas D. Grant, Faculty of Law, University of Cambridge 
  • Hon. C. Boyden Gray, Founding Partner, Boyden Gray & Associates
  • Prof. Philip Hamburger, Maurice & Hilda Friedman Professor of Law, Columbia Law School
  • Hon. Gail L. Heriot, Professor of Law, University of San Diego School of Law
  • Mrs. Allyson N. Ho, Partner, Gibson Dunn
  • Hon. Sandra Ikuta, United States Court of Appeals, Ninth Circuit
  • Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit
  • Prof. F. Scott Kieff, Fred C. Stevenson Research Professor, George Washington University Law School 
  • Hon. Joan Larsen, U.S. Court of Appeals, Sixth Circuit
  • Mr. Matt Leopold, Partner, Hunton Andrews Kurth
  • Mr. Gregory M. Lipper, Partner, Clinton & Peed
  • Prof. Daniel Mach, Director, ACLU Program on Freedom of Religion and Belief; George Washington University Law School
  • Hon. Kenneth L. Marcus, Founder and Chairman, Louis D. Brandeis Center for Human Rights Under Law
  • Ms. Joan Marsh, Executive Vice President of Federal Regulatory Relations, AT&T
  • Prof. Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School
  • Dr. Joshua Meltzer, Senior Fellow, The Brookings Institution 
  • Hon. Steven Menashi, United States Court of Appeals, Second Circuit
  • Mr. Hashim M. Mooppan, Former Deputy Assistant Attorney General, Civil Division, U.S. Department of Justice
  • Hon. John B. Nalbandian, United States Court of Appeals, Sixth Circuit
  • Hon. Andrew S. Oldham, U.S. Court of Appeals, Fifth Circuit
  • Mr. Jesse Panuccio, Partner, Boies Schiller Flexner LLP
  • Prof. Christina Parajon Skinner, Assistant Professor of Legal Studies & Business Ethics, The Wharton School, University of Pennsylvania
  • Prof. Nicholas Parrillo, William K. Townsend Professor of Law, Yale Law School
  • Prof. Eloise Pasachoff, Professor of Law; Anne Fleming Research Professor; Associate Dean for Careers, Georgetown Law
  • Prof. Chris Peterson, John J. Flynn Endowed Professor of Law, University of Utah, S.J. Quinney College of Law
  • Hon. Noah Phillips, Commissioner, Federal Trade Commission
  • Hon. Neomi Rao, United States Court of Appeals, D.C. Circuit
  • Prof. Ed Rubin, University Professor of Law and Political Science, Vanderbilt Law School
  • Mr. Justin A. Savage, Partner, Sidley Austin LLP
  • Hon. Virginia Seitz, Partner, Sidley, Former Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice
  • Ms. Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network
  • Hon. Roger Severino, Senior Fellow, Ethics & Public Policy Center
  • Prof. Carolyn Shapiro, Professor of Law, Chicago-Kent College of Law; former Solicitor General, Illinois
  • Prof. Theodore M. Shaw, Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
  • Hon. Nathan Simington, Commissioner, Federal Communications Commission
  • Mr. K. Dane Snowden, President & CEO, Internet Association
  • Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School
  • Mr. Judd Stone, Solicitor General, Texas
  • Ms. Anna St. John, President, Hamilton Lincoln Law Institute 
  • Mr. Steven Tepp, President & CEO, Sentinel Worldwide
  • Ms. Farnaz F. Thompson, Partner, McGuireWoods LLP, Former Deputy General Counsel for Postsecondary Education, U.S. Department of Education
  • Ms. Hana Veselka Vizcarra, Staff Attorney, Environmental & Energy Law Program, Harvard Law School

No cost to attend.

CLE is offered only for the webinars on Wednesday, May 19.
CLE registration: $50 for members, $100 for non-members
Up to 6 credits available, depending on state approval.

 
 

This event will be hosted on Airmeet, a virtual event platform that combines the benefits of a webinar with virtual networking, so plan to visit the networking lounge before, between, and after panel discussions/sessions. Airmeet works best on a laptop or desktop computer. Functionality is limited on phones. Chrome is the preferred browser for Airmeet. Please click the "Webinar Register" button above and proceed through the registration process on Airmeet. After you register, you will receive a confirmation email from Airmeet. On the day of the event, return to Airmeet and sign in with the email address you used to register. If you have any difficulties, check out our Airmeet Registrant Instructions visual guide or feel free to contact airmeet@fedsoc.org.

 

Back to top
10:30 a.m. - 11:00 a.m.
Networking Lounge Open
Lounge
Online Event

Share

Description

Airmeet, our new online platform for the Executive Branch Review Conference, offers us the exciting opportunity to network with one another, and with speakers, moderators, and FedSoc staff. Before, between and after panel discussions, feel free to click the Lounge button at the top of your screen and join a table of fellow conference attendees. As sessions conclude, we'll also send a "Lounge Alert" with a link you can click to make it easy to join the Lounge. We'll also send alerts to the Lounge before panel discussions begin, so there is no need to worry about missing any of the panels.

Please plan to join us in the "Lounge" for a unique networking opportunity. It's a great way to stay in touch with everyone until we can convene in person once again.  We look forward to seeing you there!

11:00 a.m. - 12:30 p.m.
Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today

Administrative Law & Regulation and Federalism & Separation of Powers Practice Groups

Topics: Administrative Law & Regulation • Separation of Powers • Federalism & Separation of Powers • Constitution • Founding Era & History
Webinar
Online Event

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Event Video

Description

Whether as the result of hyper-partisanship or as a residue of the constitutional design for lawmaking, government by executive “diktat” is lately increasing.  Many of these executive actions appear to have dubious—if any—statutory authority, but the courts have been reticent to validate objections along these lines.  The U.S. Supreme Court has indicated a willingness to revisit and possibly to reinvigorate the non-delegation doctrine (with 5 Justices adhering to that view publicly), or at least to put some teeth into its supposedly constraining intelligibility principle.  To do so, the Court first will have to grapple with whether Article I, Section 1 of the Constitution contains a non-delegation principle at all?

Featuring: 

  • Prof. Nicholas Bagley, Professor of Law, University of Michigan Law School
  • Prof. Philip Hamburger, Maurice & Hilda Friedman Professor of Law, Columbia Law School
  • Prof. Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School
  • Prof. Nicholas Parrillo, William K. Townsend Professor of Law, Yale Law School
  • Moderator: Hon. Neomi Rao, United States Court of Appeals, D.C. Circuit

Speakers

1:00 p.m. - 2:30 p.m.
Trade and Its Cross-Cutting Equities: New Horizons, New Challenges

Intellectual Property and International & National Security Law Practice Groups

Topics: Foreign Policy • Intellectual Property • International Law & Trade • International & National Security Law
Webinar
Online Event

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Event Video

Description

The Trump Administration re-focused U.S. trade policy on the interests of several sectors of the U.S. market, including traditional manufacturing. How the Biden Administration directs U.S. trade policy remains to be seen.

Rising to the challenge of IP theft—both by commercial firms and strategic actors—the previous Administration took a hard look at trade with China and other competitors. Keeping pace with emerging technologies, it re-aligned U.S. policies on export control and investment review. Meanwhile, the U.S.-Mexico-Canada Agreement (USMCA) re-configured the United States’ two most important trade relationships. Being a treaty in force, USMCA is likely to stay the touchstone for those relationships. Other areas of trade policy, however, the President may more readily shift in new directions. A range of national security-related policies in particular fall within Executive Branch discretion, and because of the granularity of so many critical trade-related rules, the interplay of White House preferences and Interagency equities inevitably will influence policy outcomes as well.

The ideal for any market is the frictionless flow of goods, services, capital, and ideas. Seldom, if ever, however, does any given market live up to the ideal. Trade, because it takes place across different national markets and regulatory régimes, entails distinctive challenges. This Conference Panel, Trade and Its Cross-Cutting Equities: new horizons, new challenges, will explore several key challenges that lie ahead as the Executive Branch seeks to steer its trade-related departments and agencies to make best use of its particular tools of the trade.

Featuring:

  • Prof. Thomas D. Grant, Faculty of Law, University of Cambridge 
  • Hon. F. Scott Kieff, Fred C. Stevenson Research Professor, George Washington University Law School 
  • Dr. Joshua Meltzer, Senior Fellow, The Brookings Institution 
  • Moderator: Mr. Steven Tepp, President & CEO, Sentinel Worldwide
 

Speakers

2:30 p.m. - 3:00 p.m.
Networking Lounge Open
Lounge
Online Event

Share

Description

Airmeet, our new online platform for the Executive Branch Review Conference, offers us the exciting opportunity to network with one another, and with speakers, moderators, and FedSoc staff. Before, between and after panel discussions, feel free to click the Lounge button at the top of your screen and join a table of fellow conference attendees. As sessions conclude, we'll also send a "Lounge Alert" with a link you can click to make it easy to join the Lounge. We'll also send alerts to the Lounge before panel discussions begin, so there is no need to worry about missing any of the panels.

Please plan to join us in the "Lounge" for a unique networking opportunity. It's a great way to stay in touch with everyone until we can convene in person once again.  We look forward to seeing you there!

Back to top
10:30 a.m. - 11:00 a.m.
Networking Lounge Open
Lounge
Online Event

Share

Description

Airmeet, our new online platform for the Executive Branch Review Conference, offers us the exciting opportunity to network with one another, and with speakers, moderators, and FedSoc staff. Before, between and after panel discussions, feel free to click the Lounge button at the top of your screen and join a table of fellow conference attendees. As sessions conclude, we'll also send a "Lounge Alert" with a link you can click to make it easy to join the Lounge. We'll also send alerts to the Lounge before panel discussions begin, so there is no need to worry about missing any of the panels.

Please plan to join us in the "Lounge" for a unique networking opportunity. It's a great way to stay in touch with everyone until we can convene in person once again.  We look forward to seeing you there!

11:00 a.m. - 12:30 p.m.
Civil Rights in the New Administration

Civil Rights Practice Group

Topics: Civil Rights
Webinar
Online Event

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Event Video

Description

The Biden Administration has signaled, in various respects, that it would take a new course on civil rights. For example, in January, President Biden issued four executive orders regarding executive orders regarding what the new administration describes as systemic racism.  In addition, President Biden issued early executive orders regarding sex-based discrimination, gender identity, and gender orientation. Incoming executive officials have begun taking actions based on these orders. For example, the Education Department has announced a comprehensive review of its Title IX regulations. Similarly, HUD officials have signaled plans to revisit approaches to disparate action that had been abandoned during the prior administration. The new administration’s emphasis on equity also reaches other agencies that have not historically been associated with the issue. The Centers for Disease Control and Prevention, for instance, have launched an initiative to address how “social determinants of health” (education, neighborhood, wealth) impact people of color. In light of such developments, the civil rights panel will review new actions and policies undertaken or announced by federal executive departments. They will examine such questions as the nature, extent, and desirability vel non of these approaches, as well as the underlying legal authority to act.

Featuring:

  • Mr. Art Coleman, Managing Partner and Co-Founder, EducationCounsel
  • Mr. Eric Dreiband, Partner, Jones Day
  • Hon. Gail L. Heriot, Professor of Law, University of San Diego School of Law
  • Prof. Theodore M. Shaw, Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
  • Moderator: Hon. Kenneth L. Marcus, Founder and Chairman, Louis D. Brandeis Center for Human Rights Under Law

 

Speakers

1:00 p.m. - 2:30 p.m.
Reputational Risk in Banking: Is Operation Chokepoint the Answer?

Financial Services & E-Commerce and Corporations, Securities & Antitrust Practice Groups

Topics: Corporations, Securities & Antitrust • Financial Services • Financial Services & E-Commerce
Webinar
Online Event

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Event Video

Description

Beginning with Operation Chokepoint, financial regulators, often boosted by community activists, have introduced social issues into regulation, sometimes under the label “reputational risk,” to discourage banks from serving legal businesses.   Emboldened by successes in denying service to industries they disfavor, such as payday lenders, gun shops, and oil companies, groups now pressure banks to deny service to individuals. This panel will discuss the impact of these efforts on public access to financial services, and whether additional market participants, new technologies such as cryptocurrency, or policy measures similar to the OCC’s fair access rule, are called for.

Featuring:

  • Mr. Greg Baer, President and Chief Executive Officer, Bank Policy Institute
  • Hon. Brian P. Brooks, Former Acting Comptroller of the Currency, Office of the Comptroller of the Currency
  • Prof. Christina Parajon Skinner, Assistant Professor of Legal Studies & Business Ethics, The Wharton School, University of Pennsylvania
  • Prof. Chris Peterson, John J. Flynn Endowed Professor of Law, University of Utah, S.J. Quinney College of Law
  • Moderator: Hon. Sandra Ikuta, United States Court of Appeals, Ninth Circuit

Speakers

2:30 p.m. - 3:00 p.m.
Networking Lounge Open
Lounge
Online Event

Share

Description

Airmeet, our new online platform for the Executive Branch Review Conference, offers us the exciting opportunity to network with one another, and with speakers, moderators, and FedSoc staff. Before, between and after panel discussions, feel free to click the Lounge button at the top of your screen and join a table of fellow conference attendees. As sessions conclude, we'll also send a "Lounge Alert" with a link you can click to make it easy to join the Lounge. We'll also send alerts to the Lounge before panel discussions begin, so there is no need to worry about missing any of the panels.

Please plan to join us in the "Lounge" for a unique networking opportunity. It's a great way to stay in touch with everyone until we can convene in person once again.  We look forward to seeing you there!

Back to top
10:30 a.m. - 11:00 a.m.
Networking Lounge Open
Lounge
Online Event

Share

Description

Airmeet, our new online platform for the Executive Branch Review Conference, offers us the exciting opportunity to network with one another, and with speakers, moderators, and FedSoc staff. Before, between and after panel discussions, feel free to click the Lounge button at the top of your screen and join a table of fellow conference attendees. As sessions conclude, we'll also send a "Lounge Alert" with a link you can click to make it easy to join the Lounge. We'll also send alerts to the Lounge before panel discussions begin, so there is no need to worry about missing any of the panels.

Please plan to join us in the "Lounge" for a unique networking opportunity. It's a great way to stay in touch with everyone until we can convene in person once again.  We look forward to seeing you there!

11:00 a.m. - 12:30 p.m.
Regulating Social Media in the New Administration

Telecommunications & Electronic Media and Corporations, Securities & Antitrust Practice Groups

Topics: Corporations, Securities & Antitrust • Culture • First Amendment • Politics • Telecommunications & Electronic Media • Free Speech & Election Law
Webinar
Online Event

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Event Video

Description

Simmering controversies over the social media platforms we use every day have recently come to a boil, with certain platforms suspending or permanently disabling accounts, others directly or indirectly targeting disinformation, and others removing certain applications from their app stores.  While many statutes, including the Communications Decency Act (and its Section 230), have played a role in the tremendous growth and innovation of modern technology and online platforms we use every day, we are now at a crossroads.  The new Administration must confront important questions, such as the role federal law will play in protecting future innovation, growth, and competition in today’s fast-changing online era.  Furthermore, the appetite to reform Section 230 is shared across the executive and legislative branches: the President, Department of Commerce, Congress, and the FCC have all criticized the existing statute.   Ultimately whether reform happens as an executive branch exercise—or through a more traditional legislative process—is yet to be seen.  This panel will address these issues and more.

Featuring:

  • Ms. Joan Marsh, Executive Vice President and Chief Regulatory Officer, AT&T 
  • Hon. Noah Phillips, Commissioner, Federal Trade Commission
  • Hon. Nathan Simington, Commissioner, Federal Communications Commission
  • Mr. K. Dane Snowden, President & CEO, Internet Association
  • Moderator: Hon. Elizabeth L. Branch, U.S. Court of Appeals, Eleventh Circuit

Speakers

1:00 p.m. - 2:30 p.m.
Settlement Payments to Non-Governmental Third Parties

Litigation Practice Group

Topics: Litigation
Webinar
Online Event

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Event Video

Description

President Biden, on his first day in office, signed Executive Order 13990, which ordered all agency heads, not just those overseeing health or environmental issues, to “immediately review all existing regulations, orders, guidance documents, policies, and any other similar agency actions promulgated, issued, or adopted” during the entire Trump Administration, giving agency heads significant leeway to suspend, revise, or rescind a large swath of Trump-era administrative actions.

A related document issued the same day entitled “Fact Sheet: List of Agency Actions for Review; Actions Address the COVID-19 Pandemic, Provide Economic Relief, Tackle Climate Change, and Advance Racial Equity” includes the U.S. Department of Justice’s “Prohibition on Settlement Payments to Non-Governmental Third Parties,” 85 Fed. Reg. 81409 (Dec. 16, 2020), for review and suspension and/or rescission. The original regulation prohibits the government from including “provisions in settlement agreements directing or providing for a payment or loan to a non-governmental person or entity that is not a party to the dispute, except in defined circumstances.” Prior to this policy, DOJ sometimes gave significant discounts in monetary penalties to defendants who agreed in exchange to give money to third parties unrelated to the litigation.

Many interest groups and industry representatives welcomed the promised return of third-party payments on the grounds that they incentivize settlement and can be used to achieve desired policy outcomes. But the move also drew sharp criticism. As these critics have noted, third-party settlement payments (1) often use federal enforcement power to pressure defendants to give money to an administration’s political allies, (2) likely offend Congress’s power of the purse (as well as the Miscellaneous Receipts Act and the Anti-Deficiency Act) because they effectively divert penalty monies from the U.S. Treasury to projects and entities which Congress never selected, approved, or legislated, and (3) can be combined with the controversial practice of “sue and settle,” where the government declines to defend against a special-interest group’s lawsuit and settles on terms favorable to the plaintiffs, allowing interest groups to collect large amounts of attorneys fees and, in some cases, enabling "regulation by litigation" by using settlement terms to achieve policy goals without the transparency and accountability of rule-making under the Administrative Procedure Act.

Featuring:

  • Ms. Anna St. John, President, Hamilton Lincoln Law Institute
  • Mr. Jesse Panuccio, Partner, Boies Schiller Flexner LLP
  • Mr. Justin A. Savage, Partner, Sidley Austin LLP
  • Moderator: Hon. Alice M. Batchelder, U.S. Court of Appeals, Sixth Circuit

Speakers

3:00 p.m. - 4:30 p.m.
Religious Liberty in Transition?

Religious Liberties Practice Group

Topics: Religious Liberty • Religious Liberties
Webinar
Online Event

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Event Video

Description

Presidential administrations have traditionally acknowledged the important role of religious liberty and pursued executive action concerning this constitutional right. The Trump Administration used a range of executive branch tools to pursue a broad program to protect religious freedoms of individual believers as well as houses of worship and other faith-based organizations, both domestically and around the world. The Biden Administration has acknowledged the important role of faith-based organizations with its mid-February launch of a White House Office of Faith-Based and Neighborhood Partnership. Our panel will explore the approaches to religious liberty and executive action that the current and previous administrations have taken, highlighting commonalities while noting differences. 

Featuring:

  • Mrs. Allyson N. Ho, Partner, Gibson Dunn
  • Mr. Gregory M. Lipper, Partner, Clinton & Peed
  • Prof. Daniel Mach, Director, ACLU Program on Freedom of Religion and Belief; George Washington University Law School
  • Hon. Roger Severino, Senior Fellow, Ethics & Public Policy Center
  • Moderator: Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit

Speakers

5:00 p.m. - 6:30 p.m.
State Sovereignty or Fair-Weather Federalism?

Federalism & Separation of Powers Practice Group

Topics: Federalism • State Governments • Federalism & Separation of Powers
Webinar
Online Event

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Event Video

Description

The last few administrations have seen an increasing willingness by states to challenge the executive branch, pushing back on both regulations and executive actions. This has coincided with the increase and growth of state solicitor general offices, as well as a willingness by courts to entertain lawsuits and issue injunctions, including nationwide ones. Is this just another example of our polarized times—with red states suing blue administrations and vice versa—or is there something to this reassertion of state sovereignty? Are the states becoming the primary check on executive overreach?

Featuring:

  • Prof. Ed Rubin, University Professor of Law and Political Science, Vanderbilt Law School
  • Prof. Carolyn Shapiro, Professor of Law, Chicago-Kent College of Law; former Solicitor General, Illinois
  • Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School
  • Moderator: Hon. John B. Nalbandian, United States Court of Appeals, Sixth Circuit

Speakers

6:30 p.m. - 7:00 p.m.
Networking Lounge Open
Lounge
Online Event

Share

Description

Airmeet, our new online platform for the Executive Branch Review Conference, offers us the exciting opportunity to network with one another, and with speakers, moderators, and FedSoc staff. Before, between and after panel discussions, feel free to click the Lounge button at the top of your screen and join a table of fellow conference attendees. As sessions conclude, we'll also send a "Lounge Alert" with a link you can click to make it easy to join the Lounge. We'll also send alerts to the Lounge before panel discussions begin, so there is no need to worry about missing any of the panels.

Please plan to join us in the "Lounge" for a unique networking opportunity. It's a great way to stay in touch with everyone until we can convene in person once again.  We look forward to seeing you there!

Back to top
10:30 a.m. - 11:00 a.m.
Networking Lounge Open
Lounge
Online Event

Share

Description

Airmeet, our new online platform for the Executive Branch Review Conference, offers us the exciting opportunity to network with one another, and with speakers, moderators, and FedSoc staff. Before, between and after panel discussions, feel free to click the Lounge button at the top of your screen and join a table of fellow conference attendees. As sessions conclude, we'll also send a "Lounge Alert" with a link you can click to make it easy to join the Lounge. We'll also send alerts to the Lounge before panel discussions begin, so there is no need to worry about missing any of the panels.

Please plan to join us in the "Lounge" for a unique networking opportunity. It's a great way to stay in touch with everyone until we can convene in person once again.  We look forward to seeing you there!

11:00 a.m. - 12:30 p.m.
Climate Change, Environmental Justice, and the Environmental Agenda

Environmental Law & Property Rights Practice Group

Topics: Environmental & Energy Law • Environmental Law & Property Rights
Webinar
Online Event

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Event Video

Description

The Biden Administration has made it clear that its environmental agenda will be a top priority.  Central to this agenda is addressing climate change and environmental justice.  On his first day in office, President Biden issued a notice that the U.S. was rejoining the Paris Agreement.  On January 27, he issued an executive order that would seek to establish a “whole-of-government” approach to climate change and commit to net carbon emissions by 2050.  The same executive order also committed to making environmental justice part of the mission of every agency.  What is the Biden Administration’s environmental agenda, and what should we expect moving forward? What should its agenda be, especially when it comes to climate change and environmental justice?  Join us as we hear leading experts provide differing views on these important questions.

Featuring:

  • Ms. Nadira Clarke, Partner and Section Chair for Environmental Safety & Incident Response, Baker Botts LLP
  • Mr. Tony Francois, Senior Attorney, Pacific Legal Foundation
  • Mr. Matt Leopold, Partner, Hunton Andrews Kurth
  • Ms. Hana Veselka Vizcarra, Staff Attorney, Environmental & Energy Law Program, Harvard Law School
  • Moderator: Hon. Joan Larsen, U.S. Court of Appeals, Sixth Circuit

Speakers

1:00 p.m. - 2:30 p.m.
Is Faithful Execution being Devoured By Factional Execution?

Administrative Law & Regulation Practice Group

Topics: Administrative Law & Regulation • Litigation • Constitution
Webinar
Online Event

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Event Video

Description

Abrupt and complete reversals of position from one Administration to the next, whether by Executive Order or other method, arguably not only tend to undermine respect for the law, but also disrupt the lives and businesses of those subject to the changed rules.  When the Department of Justice, on behalf of a new Administration, reverses a position the previous Administration had taken in ongoing litigation, courts might reasonably question the extent to which, if any, deference to the Executive can be reconciled with the judicial duty to say what the law is.

This panel will explore the legal standards associated with, and the practical ramifications of, the Executive Branch implementing major policy changes without involving the United States Congress, discuss examples of regulatory and litigation actions that have changed from one administration to another in the recent decades, and address whether these changes are consistent with the Constitution’s mandate that U.S. laws represent the consent of the governed.

Featuring:

  • Mr. Hashim M. Mooppan, Former Deputy Assistant Attorney General, Civil Division, U.S. Department of Justice
  • Prof. Eloise Pasachoff, Professor of Law; Anne Fleming Research Professor; Associate Dean for Careers, Georgetown Law
  • Hon. Virginia Seitz, Partner, Sidley, Former Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice
  • Ms. Farnaz Thompson, Partner, McGuireWoods LLP, Former Deputy General Counsel for Postsecondary Education, U.S. Department of Education
  • Moderator: Hon. Steven Menashi, United States Court of Appeals, Second Circuit

Speakers

3:00 p.m. - 4:30 p.m.
Judicial Nominations and Confirmations

Professional Responsibility and Litigation Practice Groups

Topics: Federal Courts • Professional Responsibility & Legal Education • Supreme Court • Litigation
Webinar
Online Event

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Event Video

Description

Whenever control of the White House turns over to a different political party, as it did in 2009, 2017 and 2021, the new administration’s personnel and practices pertaining to judicial selection will differ. That is true of the Biden administration, but that administration is also subject to some novel kinds of political pressure. Some are calling for the President to expand the Supreme Court and the lower federal courts. In response, the President has established a commission to explore reforming the courts. At the same time, departing from the approach taken by President Clinton and President Obama, President Biden has said that he will not give the American Bar Association an advance role in vetting judicial nominees. The self-styled progressive group Demand Justice welcomed that announcement calling the ABA “another corporate dominated gatekeeper in the judicial process,” and stating, “it must not be allowed to act as an obstacle to diversifying the bench.” Finally, what will the Senate Judiciary Committee’s practice be with respect to blue slips?

Our panelists will discuss these and other developments regarding judicial selection. Among the questions to be addressed: What criteria will guide the Biden administration in selecting judicial nominees? How will the Senate Judiciary Committee and the full Senate respond to efforts by individual Senators to utilize blue slips? How will Senators who, in the past, called ABA approval “the gold standard,” react if the ABA deems some Biden nominees “not qualified?” How should the executive branch interact with potential judges regarding the taking of senior status?  What can we except from the Biden commission on judicial reform and when can we expect it?

Featuring:

  • Hon. W. Neil Eggleston, Partner, Kirkland & Ellis; Former White House Counsel
  • Hon. C. Boyden Gray, Founding Partner, Boyden Gray & Associates
  • Ms. Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network
  • Moderator: Hon. Andrew S. Oldham, U.S. Court of Appeals, Fifth Circuit

Speakers

4:30 p.m. - 5:00 p.m.
Networking Lounge Open
Lounge
Online Event

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Description

Airmeet, our new online platform for the Executive Branch Review Conference, offers us the exciting opportunity to network with one another, and with speakers, moderators, and FedSoc staff. Before, between and after panel discussions, feel free to click the Lounge button at the top of your screen and join a table of fellow conference attendees. As sessions conclude, we'll also send a "Lounge Alert" with a link you can click to make it easy to join the Lounge. We'll also send alerts to the Lounge before panel discussions begin, so there is no need to worry about missing any of the panels.

Please plan to join us in the "Lounge" for a unique networking opportunity. It's a great way to stay in touch with everyone until we can convene in person once again.  We look forward to seeing you there!

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