Telecommunications & Electronic Media

The Future of Spectrum Policy - Event Audio/Video

Sat, 12 Nov 2011 00:00:00 EST

Brian F. Fontes, Janice Obuchowski, Thomas C. Power, Jennifer Walker Elrod

The Telecommunications & Electronic Media Practice Group hosted this panel on "The Future of Spectrum Policy" on Saturday, November 12, 2011, during the 2011 National Lawyers Convention. The panel featured Mr. Brian F. Fontes of the National Emergency Number Association; Hon. Janice Obuchowski of Freedom Technologies, Inc.; Mr. Thomas C. Power of the Office of Science & Technology Policy in the Executive Office of the President; and JudgeJennifer Walker Elrod of the U.S. Court of Appeals for the Fifth Circuit as the moderator.

The First Amendment Online: Search, Privacy & Personalization - Event Audio/Video

Thu, 09 Jun 2011 00:00:00 EST

Richard A. Epstein, James Grimmelmann, Jonathan Masur, Berin Szoka, Diane P. Wood, Trevor K. Copeland

Congress is aflutter with online privacy bills, while arguments for regulating search engines, social networks and other online service providers are gaining traction with consumer protection and competition agencies. Yet policymakers seem to have given little attention to how interventions to protect privacy or competition will affect speech online. Our expert panel will discuss how the First Amendment applies to search engines and the personalization of online services, content and advertising based on user data—once abstract questions that are increasingly becoming central to our culture and economy. Featuring Prof. Richard A. Epstein of New York University School of Law; Prof. James Grimmelman of the Institute for Information Law and Policy at New York Law School; Prof. Jonathan Masur of the University of Chicago Law School; Mr. Berin Szoka of TechFreedom; and JudgeDiane P. Wood of the U.S. Court of Appeals for the Seventh Circuit as the moderator. Introduction by Mr. Trevor K. Copeland of Brinks Hofer Gilson & Lione.

Regulation of the Internet - Event Audio/Video

Thu, 16 Dec 2010 00:00:00 EST

Meredith Attwell Baker, John F. Blevins, Christopher Libertelli, Christopher S. Yoo, Scott J. Wallsten, Dean A. Reuter

The internet has been a revolution of undoubted importance in the business world, for government, and for our culture. It has thus far flourished, largely without government intervention or oversight. But is increased federal regulation of the internet inevitable? If so, which agency is best able to provide such regulation in a manner that will allow the internet to continue to grow in the most beneficial manner? Will the Federal Trade Commission become the primary federal agency, to the exclusion of the Federal Communications Commission, of internet regulation? What are the relative merits of regulation by either or both agencies? Is regulation by an agency even possible at this point, or is legislation required first? Opening address by Commissioner Meredith Atwell Baker of the Federal Communications Commission with an introduction by Mr. Dean A. Reuter, Director of Practice Groups for the Federalist Society. Panelists included Prof. John F. Blevins of Loyola University New Orleans College of Law; Mr. Christopher Libertelli, Senior Director of Government and Regulatory Affairs for Skype; Prof. Christopher S. Yoo of the University of Pennsylvania Law School; and Mr. Scott J. Wallsten, Vice President for Research and Senior Fellow at the Technology Policy Institute, as the moderator.

Rewriting the Telecomm Act: Has the Time Come? - Event Audio/Video

Sat, 20 Nov 2010 00:00:00 EST

Robert M. McDowell, Thomas J. Tauke, Shawn H. Chang, Parul P. Desai, Maureen K. Ohlhausen, Howard Waltzman, David B. Sentelle

The Federalist Society's Telecommunications & Electronic Media Practice Group hosted this panel discussion on "Rewriting the Telecomm Act: Has the Time Come?" at the 2010 National Lawyers Convention on Saturday, November 20, 2010. The Honorable Robert M. McDowell of the Federal Communications Commission gave some introductory remarks. Immediately following, The Honorable Thomas J. Tauke of Verizon Communications and former U.S. Representative from Iowa delivered the keynote address. Panelists included Mr. Shawn H. Chang of the United States House of Representatives Committee on Energy and Commerce; Ms. Parul P. Desai of Consumers Union; Ms. Maureen K. Ohlhausen of Wilkinson, Barker, Knauer, LLP; Mr. Howard W. Waltzman of Mayer Brown LLP; and Judge David B. Sentelle of the United States Court of Appeals for the D.C. Circuit as the moderator.

Remarks of FCC Commissioner Robert M. McDowell - Prepared Remarks

Sat, 20 Nov 2010 00:00:00 EST

Robert M. McDowell

The Federalist Society's Telecommunications & Electronic Media Practice Group hosted a panel discussion on "Rewriting the Telecomm Act: Has the Time Come?" at the 2010 National Lawyers Convention on Saturday, November 20, 2010. The Honorable Robert M. McDowell of the Federal Communications Commission delivered an address before the panel discusson. Here are his prepared remarks.

Engage Volume 11, Issue 2, September 2010

Fri, 10 Sep 2010 00:00:00 EST

The September 2010 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

National Broadband Plan

Tue, 31 Aug 2010 00:00:00 EST

Howard Waltzman
In February 2009, as part of the American Recovery and Reinvestment Act (the “Recovery Act”), Congress directed the Federal Communications Commission (the “Commission”) to develop a National Broadband Plan “to ensure that all people of the United States have access to broadband capability and [to] establish benchmarks for meeting that goal.” This initiative originated with a campaign proposal of President Barack Obama to increase access to broadband services. The Recovery Act also included grants to increase broadband deployment and adoption...

Engage Volume 11, Issue 1, March 2010

Wed, 31 Mar 2010 00:00:00 EST

The March 2010 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

The Opportunity and Peril of Smart Grid

Wed, 31 Mar 2010 00:00:00 EST

Raymond L. Gifford, Eric Gunning
Last year witnessed “the smart grid” going from an arcane concept about updating the electric distribution system to a full-fledged public policy priority. The Obama Administration views the deployment of smart grid technologies as a linchpin to achieving its new energy economy objectives. These goals include: lowering energy costs for consumers, achieving energy independence, promoting clean and green technologies, and reducing greenhouse gas emissions. To that end, Congress allocated approximately $4 billion in stimulus grants and loans to smart grid deployments and tasked the National Institute for Standards and Technology (“NIST”) to develop smart grid interoperability standards...

The FCC's Authority to Promulgate Internet Traffic Rules - Event Audio/Video

Wed, 03 Mar 2010 00:00:00 EST

Gregory G. Garre, Gigi B. Sohn, Helgi C. Walker, Bryan N. Tramont
Recently, the FCC proposed an expansion of its authority into a new arena – broadband internet access service. It is now in the midst of receiving and analyzing comments to its proposal. Our panel of experts discuss a paper written by former U.S. Solicitor General Gregory G. Garre examining the FCC’s authority in this matter. [Watch or listen now!]

The FCC's Internet Power Surge: The Constitutional and Statutory Limits on the FCC's Authority to Promulgate "Net Neutrality" Rules

Fri, 12 Feb 2010 00:00:00 EST

Gregory G. Garre
The Federal Communications Commission (FCC or Commission) has established authority over the regulation of virtually all television, radio, satellite, and cable services in America. Recently, the FCC has proposed an expansion of its authority into a new arena—broadband Internet access service. In October 2009, the Commission noticed its intent to adopt rules governing traffic over the Internet. Proponents of the FCC’s so-called “net neutrality” rules maintain that they would allow Internet traffic to flow more freely, while opponents claim that federal regulation in this area could stifle the innovation and growth that has been the hallmark of the Internet since it became a household word less than two decades ago. Whatever the proper resolution of that important policy debate, there is a critical threshold question that must be answered—whether Congress has authorized the FCC to regulate at all in this area. And upon examination, the FCC’s broad new assertion of power over the Internet is unsound...

Discussion of Constitutional and Statutory Limits on the FCC's Authority to Promulgate Internet Traffic Rules

Fri, 12 Feb 2010 00:00:00 EST

There is an important discussion about the FCC's proposal to regulate broadband internet access. We present a number of pieces and links discussing this important issue.

Broadband Policy -- One Year In - Event Audio/Video

Sat, 14 Nov 2009 00:00:00 EST

Marvin Ammori, Robert M. McDowell, David M. McIntosh, Kyle E. McSlarrow, Gigi B. Sohn, Jennifer Walker Elrod
The Federalist Society's Telecommunications Practice Group hosted this panel discussion on Telecommunications: Broadband Policy -- One Year In at the 2009 National Lawyers Convention on Saturday, November 14, 2009. Panelists included Prof. Marvin Ammori of the University of Nebraska-Lincoln College of Law; Hon. David M. McIntosh, Partner at Mayer Brown Row & Maw, LLP; Hon. Kyle E. McSlarrow, President & CEO of the National Cable & Telecommunications Association; Prof. Gigi B. Sohn, President and Founder of Public Knowledge; and Judge Jennifer W. Elrod of the U.S. Court of Appeals for the Fifth Circuit as the moderator. The Honorable Robert M. McDowell, Commissioner for the Federal Communications Commission, opened the panel with remarks.

Government-Run Broadband: Will it Work this Time?

Mon, 20 Jul 2009 00:00:00 EST

Raymond L. Gifford, Mark Walker
In “Th e Music Man,” Professor Harold Hill convinced the people of River City, Iowa that forming a band would protect the town’s boys from sin and corruption. In a modern replay, today’s music men are trying to convince cities that government-run broadband networks will bring economic, cultural, and educational benefi ts. Th ough it is not quite saving the youth from the iniquities of pool-playing, the government-run broadband promise is an equally hollow con. To date, government-run broadband has a consistent track record of over-promising and under-delivering. But $4.7 billion of stimulus under the Broadband Technology Opportunities Program (BTOP) and $4.2 billion for potential broadband-related ‘smart grid’ technologies is breathing new life into the government-run broadband movement...

Engage Volume 10, Issue 2, July 2009

Thu, 16 Jul 2009 00:00:00 EST

The July 2009 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than is all too often found in today’s legal community. [Read now!]

Introducing Julius Genachowski, Nominee for FCC Chairman

Thu, 23 Apr 2009 00:00:00 EST

Raymond L. Gifford
On March 3, 2009, President Obama formally announced his intent to nominate Julius Genachowski to be Chairman of the Federal Communications Commission (“FCC”). President Obama said, “I can think of no one better than Julius Genachowski to serve as Chairman of the Federal Communications Commission. He will bring to the job diverse and unparalleled experience in communications and technology, with two decades of accomplishment in the private sector and public service . . . .”

FCC v. Fox and the Future of the First Amendment in the Information Age

Mon, 16 Feb 2009 00:00:00 EST

Adam Thierer
On November 4th, 2008, the Supreme Court heard oral arguments in the potentially historic free speech case of Federal Communications Commission v. Fox Television Stations, Inc. This case, which originated in the Second Circuit Court of Appeals, deals with the FCC’s new policy for “fleeting expletives” on broadcast television. The FCC lost and appealed to the Supreme Court. By contrast, the so-called “Janet Jackson case”—CBS v. FCC—was heard in the Third Circuit Court of Appeals. The FCC also lost that case and has also petitioned the Supreme Court to review the lower court’s ruling....

Engage Volume 10, Issue 1, February 2009

Mon, 16 Feb 2009 00:00:00 EST

The February 2009 issue of Engage is now online. Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than is all too often found in today’s legal community. [Read now!]

The FCC's Stalled Attempt to Breathe Life into Commercial Leased Access of Cable Television

Mon, 16 Feb 2009 00:00:00 EST

Back in the 1980s and 1990s, when the only way to get television programming was through cable or over-the-air broadcast, Congress decided that the cable industry had too much market power. In response, Congress enacted several restrictions on cable operators’ ability to decide what programs to carry, including: (1) “must-carry” rules, requiring cable operators to dedicate some channels to carrying local broadcast stations, (2) “PEG” rules, requiring cable operators to dedicate other channels to public, educational, and governmental programming, and (3) “leased access” rules, requiring cable operators to dedicate yet other channels for unaffiliated commercial programmers who were unable to convince operators to carry their programs voluntarily....

Broadcast "Fairness" in the Twenty-First Century

Mon, 16 Feb 2009 00:00:00 EST

The broadcast Fairness Doctrine, which formally existed from 1949 to 1987, required broadcast licensees to air “controversial issues of public importance” and to do so in a “balanced” way. Th e FCC eliminated most aspects of the policy in 1987 during the heyday of Reagan administration deregulation. At least in spirit, the Fairness Doctrine has remained an article of faith among those who believe that freedom of expression is far too precious a commodity to be left in the clutches of private hands. “Fairness” enthusiasts have tended the glowing embers of a philosophy of the First Amendment and broadcast regulation that once was at full fl ame in the 1969 Supreme Court decision Red Lion Broadcasting Co. v. FCC. They have nurtured the fervent hope that, one day, a more regulatory-minded Congress and FCC would reaffi rm the government’s authority to oversee news and public aff airs programming. Some believe that with the Obama administration their day has come....

Cyber Intelligence Sharing and Protection Act

Thu, 26 Apr 2012 00:00:00 EST

Stewart A. Baker, Ryan Radia

The Cyber Intelligence Sharing and Protection Act (CISPA) is currently under consideration in Congress. What are its strengths and weaknesses? Are there legitimate privacy concerns? Will CISPA suffer the same fate as the Stop Online Piracy Act, or is it fundamentally different? Our experts will discuss these and other issues and then take questions from our call-in audience. Featuring The Honorable Stewart A. Baker of Steptoe & Johnson LLP and Mr. Ryan Radia of the Competitive Enterprise Institute.

The First Amendment Online: Search, Privacy & Personalization

Fri, 06 May 2011 00:00:00 EST

Richard A. Epstein, James Grimmelmann, Jonathan Masur, Berin Szoka, Diane P. Wood

Regulation of the Internet

Wed, 01 Dec 2010 00:00:00 EST

Meredith Attwell Baker, Christopher Libertelli, Joshua D. Wright, Christopher S. Yoo, John F. Blevins, Raymond L. Gifford The internet has been a revolution of undoubted importance in the business world, for government, and for our culture. It has thus far flourished, largely without government intervention or oversight. But is increased federal regulation of the internet inevitable? If so, which agency is best able to provide such regulation in a manner that will allow the internet to continue to grow in the most beneficial manner? Will the Federal Trade Commission become the primary federal agency, to the exclusion of the Federal Communications Commission, of internet regulation? What are the relative merits of regulation by either or both agencies? Is regulation by an agency even possible at this point, or is legislation required first?

2010 National Lawyers Convention

Wed, 24 Mar 2010 00:00:00 EST

Barry E. Carter, Maureen K. Ohlhausen, Patrick McSweeney, Antonin Scalia, Dennis G. Jacobs, Marvin Ammori, Paul S. Atkins, John S. Baker, Jr., Randy E. Barnett, Sara Sun Beale, Bradford A. Berenson, Lillian R. BeVier, Carl T. Bogus, James Bopp Jr., Steven G. Calabresi, Michael A. Carvin, Ronald A. Cass, Michael Chertoff, Roger Clegg, Robert D. Cooter, R. Ted Cruz, Frank H. Easterbrook, John C. Eastman, Richard A. Epstein, William N. Eskridge, Jr., David French, Charles Fried, Richard W. Garnett, Michael Gerhardt, C. Boyden Gray, Thomas W. Hazlett, Christine Jolls, Douglas T. Kendall, Lloyd Hitoshi Mayer, Edwin Meese III, Thomas W. Merrill, Paul R. Michel, John O. McGinnis, Barrington D. Parker, Jr., Michael S. Paulsen, Thomas R. Phillips, A. Raymond Randolph, David B. Rivkin, Jr., Mark F. Schultz, Bradley A. Smith, Paul M. Smith, Margaret D. Stock, Thomas J. Tauke, Clifford W. Taylor, Mark Tushnet, Eugene Volokh, Howard Waltzman, Ruth J. Wedgwood, J. Harvie Wilkinson III, Mitch McConnell, Noah D. Bookbinder, Lawrence A. Hamermesh, Brett M. Frischmann, Gigi B. Sohn, Kris W. Kobach, James C. Ho, William H. Pryor Jr., Joel R. Reidenberg, Diane S. Sykes, Jeffrey Bossert Clark, Kenneth T. Cuccinelli, Edith H. Jones, Ronald M. Levin, Victoria A. Lipnic, Roger Martella Jr., Diarmuid F. O'Scannlain, Roger Pilon, Rena I. Steinzor, Sarah B. Teslik, Peter J. Wallison, Arthur E. Wilmarth, John C. Yoo, Michael Barone, Michael S. Lee, Michael J. Madigan, Lanny J. Davis, Brett M. Kavanaugh, Jan Crawford, Carlos T. Bea, Kim Bobo, Shawn H. Chang, Thomas M. Hardiman, Jordan Lorence, Jeffrey P. Mahoney, Robert M. McDowell, Margaret E. McGuinness, Brandon Rees, David B. Sentelle, Jerry E. Smith, David Stras, Jeffrey S. Sutton, C. Gibson Vance, Pete Williams, Michael R. Pence, Daniel E. Lungren, Jeffrey Rosen

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 18 through Saturday, November 20 at the Mayflower Hotel. The theme for this year's convention is "Controlling Government: The Framers, the Tea Parties and the Constitution." The Annual Dinner will take place the evening of Thursday, November 18 at the Omni Shoreham Hotel. [Register now!]

The FCC's Authority to Promulgate Internet Traffic Rules

Fri, 19 Feb 2010 00:00:00 EST

Gregory G. Garre, Gigi B. Sohn, Helgi C. Walker, Bryan N. Tramont Recently, the Federal Communications Commission proposed an expansion of its authority into a new arena – broadband internet access service. It is now in the midst of receiving and analyzing comments to its proposal. With both supporters and detractors, the proposal has generated a great deal of public attention. Please join us as our panel of experts discusses a paper written by former U.S. Solicitor General Gregory G. Garre examining the FCC’s authority to regulate broadband internet access.

2009 National Lawyers Convention

Thu, 30 Apr 2009 00:00:00 EST

Samuel A. Alito, Douglas H. Ginsburg, Guido Calabresi, Frank H. Easterbrook, Jefferson B. Sessions III, Paul S. Atkins, Randy E. Barnett, Janice Rogers Brown, Linda Chavez, Mariano-Florentino (Tino) Cu�llar, Susan E. Dudley, Miguel Estrada, Richard A. Epstein, Steve Forbes, Maurice R. Greenberg, Michael S. Greve, Oona Hathaway, Peter N. Kirsanow, David G. Leitch, Michael W. McConnell, Burt Neuborne, Jeremy A. Rabkin, A. Raymond Randolph, Theodore M. Shaw, Stephen Bainbridge, Carlos T. Bea, Stephanie R. Breslow, Fran�ois-Henri Briard, Alan E. Brownstein, Ronald A. Cass, John C. Eastman, C. Boyden Gray, Lisa Heinzerling, Edith H. Jones, David A. Katz, Brett M. Kavanaugh, F. Scott Kieff, Michael Livermore, Ira C. "Chip" Lupu, Paul G. Mahoney, Robert D. McTeer, Michael J. Meurer, Geoffrey P. Miller, Alan B. Morrison, Diarmuid F. O'Scannlain, Michael Paese, Harvey L. Pitt, William H. Pryor Jr., Lucas "Scot" A. Powe Jr., Jamin Ben Raskin, Daniel B. Ravicher, Andrew J. Redleaf, Roberta Romano, David B. Sentelle, Catherine M. Sharkey, Amity Shlaes, Damon A. Silvers, Jerry E. Smith, Gigi B. Sohn, Ilya Somin, Bret Stephens, Jeffrey S. Sutton, Diane S. Sykes, Daniel E. Troy, J.W. Verret, Steven M.H. Wallman, John P. Walters, W. Bradley Wendel, Shirley J. Wilcher, J. Harvie Wilkinson III, Stephen F. Williams, Todd J. Zywicki, John A. Allison, John S. Baker, Jr., Jennifer Walker Elrod, Malcolm M. Feeley, Thomas W. Hazlett, Roderick M. Hills Jr., Brian H. Hook, Daryl Joseffer, Annette L. Nazareth, Aryeh Neier, Jed Rubenfeld, Robert P. Young, Jr., David Zaring, Mark R. Levin, Thomas M. Hardiman, John F. Manning, William Black, Cornish F. Hitchcock, Steven J. Law, Harold Meyerson, Alex J. Pollock, Andrew L. Stern, Michael B. Mukasey, David Berenbaum, Robert M. McDowell, Mark F. Schultz, David M. McIntosh, Kyle E. McSlarrow, Seton Motley, Laura M. Olson, Marvin Ammori

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 12 through Saturday, November 14 at the Mayflower Hotel. The theme for this year's convention is "The Federal Government's Economic Role in our Constitutional System." The Annual Dinner will take place the evening of Thursday, November 12 at the Omni Shoreham Hotel. [Register now!]

Communications and Technology Policy for the Next Administration

Tue, 03 Jun 2008 00:00:00 EST

Michael K. Powell, Reed E. Hundt, Bryan N. Tramont The communications and technology sectors are key drivers of our nation's prosperity, of our society's dynamism, and our republic's vitality. The next President will face major decisions on the direction of markets, regulation, antitrust, and regulators. Two former Federal Communications Commission Chairmen, Reed E. Hundt and Michael K. Powell, will discuss the respective visions of likely Presidential nominees Sen. Barack Obama and Sen. John S. McCain for communications and technology. Former FCC Chief of Staff Bryan Tramont will moderate. [Register now!]

A New Role for an Aging Star: Universal Service in the Age of Competition and Technological Change

Wed, 23 Jan 2008 00:00:00 EST

Deborah Taylor Tate, Jon Banks, Kyle E. McSlarrow, Paul J. Nagle, Courtney Reinhard, Lawrence Sarjeant, Scott J. Wallsten The Federalist Society presents this program to explore the future of Universal Service. FCC Commissioner Deborah Taylor Tate will deliver a keynote address. As the Chairman of the FCC’s Joint Board on Universal Service, Commissioner Tate is at the epicenter of these policy debates. After her address, we will convene a roundtable discussion that brings together leaders from Capitol Hill and various industry sectors to explore solutions to the vexing problem of reshaping Universal Service for the Digital Age.

2007 National Lawyers Convention

Fri, 16 Mar 2007 00:00:00 EST

Samuel A. Alito, Randy E. Barnett, Robert H. Bork, Frank H. Easterbrook, Richard A. Epstein, Charles Fried, Jamie Gorelick, Gail Heriot, Neal K. Katyal, Alex Kozinski, Andrew C. McCarthy, Michael W. McConnell, Edwin Meese III, Theodore B. Olson, Walter K. Olson, Stephen Reinhardt, John G. Roberts Jr., Antonin Scalia, Phyllis Schlafly, Jay Alan Sekulow, Nadine Strossen, George J. Terwilliger III, David C. Vladeck, Eugene Volokh, Akhil Reed Amar, Robert Audi, John S. Baker, Jr., Michael Barone, Bob Barr, Carlos T. Bea, Fran�ois-Henri Briard, Janice Rogers Brown, James S. Burling, Steven G. Calabresi, Lawrence W. Casey, Ronald A. Cass, Brett M. Kavanaugh This year marks the 25th Anniversary of the Federalist Society and on November 15-17 we will be celebrating this milestone during our Annual National Lawyers Convention. The theme for this year's convention is "Shining City Upon a Hill: American Exceptionalism." In addition to the numerous panels containing noted legal experts and scholars from across the political spectrum, The convention will also feature the Seventh Annual Barbara K. Olson Memorial Lecture, to be delivered by Chief Justice John Roberts. The highlight of the convention will be the 25th Anniversary Gala, attended by many more special guests, which will be held in the Main Hall of Washington, DC's Union Station.
[Register now!]

How Should the Courts Interpret Split Decisions?

Tue, 19 Jun 2007 00:00:00 EST

The Supreme Court occasionally renders plurality opinions, which may involve 4-1-4 decisions or any number of other formulations of justices where no clear majority on particular issues emerges. These plurality opinions often address significant issues yet, due to the lack of a clear majority, are difficult for the lower courts, the regulated community, and practitioners to interpret and apply. On June 21, the Federalist Society presented a live audiocast of a panel of experts who discussed these issues and more. [Click here to listen to a replay of this event]