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May 6, 2020

On Wednesday, May 6, the Senate Judiciary Committee will hold a hearing for one of President Donald Trump's most important judicial nominees. Judge Justin Walker, who currently serves on the U.S. District Court in Kentucky, has been nominated to fill one of the infrequent vacancies on the U.S Court of Appeals for the D.C. Circuit, the most important court in the nation after the Supreme Court. The D.C. Circuit hears many of the cases that determine the limits on the authority of the president and executive agencies, and the relationship between the three branches. Because of this court's importance, Senate Democrats and their allies are already fiercely attacking Walker's nomination.

May 3, 2020

How data privacy laws should be enforced remains a key flashpoint in the debates over potential data privacy legislation. Some argue that data protection laws will need a private right of action to have the teeth necessary to prevent consumer harm. What might the consequences of allowing litigation in this area be? What are the implications of the recent storm of litigation in state courts and in the 9th Circuit? And will we see many lawsuits coming out of the COVID-19 pandemic? Our panelists will give an update on recent data privacy litigation and discuss broader trends and implications for privacy law.

May 3, 2020

At the onset of the COVID-19 pandemic, Democratic officials and activists prioritized pushing states to implement universal mail-in balloting, eliminating in-person voting altogether. These mandatory vote-by-mail and forced early voting policies would disenfranchise voters through fraud and mistake, and violate voters’ fundamental right to vote. Advocates are also trying to impose mail-in voting through court orders, invalidating voters’ votes for their representatives, rather than judges, to make these laws. In this virtual panel, election experts Jim Bopp, Catherine Engelbrecht, and Jason Snead weigh in on how vote-by-mail violates voting rights and the recent flood of litigation related to this issue.

April 29, 2020

As leaders of groups representing millions of consumers, taxpayers, and entrepreneurs, we sympathize with businesses struggling due to the COVID-19 pandemic, and support policies to bring them regulatory and tax relief. We object, however, to policy actions proposed in the name of “relief” that benefit some businesses by massively raising costs on other businesses and consumers.

April 28, 2020

At the onset of the COVID-19 pandemic, Democratic officials and activists prioritized pushing states to implement universal mail-in balloting, eliminating in-person voting altogether. These mandatory vote-by-mail and forced early voting policies would disenfranchise voters through fraud and mistake, and violate voters’ fundamental right to vote. Advocates are also trying to impose mail-in voting through court orders, invalidating voters’ votes for their representatives, rather than judges, to make these laws. In this virtual panel, experts weigh in on how vote-by-mail violates voting rights and the recent flood of litigation related to this issue. Feauturing Jim Bopp, Jr., Catherine Engelbrecht, and Jason Sead.

April 27, 2020

In this virtual panel, experts on judicial nominations and the federal courts will share their views on the role the Court will play in this year's presidential election. Among the many questions they'll tackle are whether the Supreme Court issue will work in President Trump's favor again and whether Joe Biden is likely to release a list of potential nominees, as well as some novel questions brought about by COVID-19's impact on the Court's calendar and its generation of voting disputes that the Justices may address this fall.

April 27, 2020

In this virtual panel, legal and policy experts share their views of the court’s opinion, agency deference, and what is next in the net neutrality debate and in the courts.

April 24, 2020

Since World Intellectual Property Day is on April 26, it is a timely occasion for recognizing the vital role of copyright protections in encouraging innovation in the Digital Age. The strong protection of intellectual property in the Constitution and the Copyright Act has helped to make the U.S. the world's most prosperous society, and intellectual property protection of new technologies is particularly vital. Meanwhile, the Supreme Court is set to weigh in on the copyrightability of software in what will be the biggest copyright case in several decades. The Court’s ruling in Google v. Oracle is expected to set the standard for how thoroughly computer code is protected by copyright. In this virtual panel, legal experts weigh in on the...

April 21, 2020

Last year, the D.C. Circuit issued its opinion in Mozilla v. Federal Communications Commission in which the court largely upheld the Commission’s Restoring Internet Freedom Order that reversed the Obama Administration’s 2015 decision to apply common carrier regulation to the Internet. While the court upheld the bulk of the agency’s actions as reasonable under the Supreme Court’s rulings in Chevron and Brand X , the Court also remanded three discrete issues for further consideration by the Commission: 1.) public safety; 2.) pole attachments; and 3.) the Lifeline program. These comments seek to address the implications of reclassification and of the Commission’s light-touch regulatory approach for public safety.

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