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June 28, 2020

The death of George Floyd and the nation's reaction to it have raised a variety of interesting legal issues, including police reform, racial profiling, qualified immunity, censorship, criminal charges against policemen, and the scope of the president's power to use troops to quell civil unrest. Our panel of legal experts will analyze the legal issues involved and how they are likely to play out in the months ahead, while also discussing the broader implications for the law and our society.

June 24, 2020

The death of George Floyd and the nation's reaction to it have raised a variety of interesting legal issues, including police reform, racial profiling, qualified immunity, censorship, criminal charges against policemen, and the scope of the president's power to use troops to quell civil unrest. Our panel of legal experts will analyze the legal issues involved and how they are likely to play out in the months ahead, while also discussing the broader implications for the law and our society.

June 16, 2020

This week, the Supreme Court interpreted Title VII's prohibition against sex discrimination in employment to encompass discrimination based on sexual orientation or identity. The majority opinion in Bostock v. Clayton County, authored by Justice Neil Gorsuch, relied heavily on the text of the 1964 statute. Too heavily – to the exclusion of legislative intent – some critics say. Our panel of Supreme Court and civil rights experts will discuss whether the Court's opinion was a work of principled textualism or an example of judicial activism.

June 15, 2020

Our panel last month discussed Robert Bork’s consumer welfare standard, which has heavily influenced the evolution of antitrust analysis and enforcement over the past 42 years, and how Bork’s paradigm is under attack. Many defenders of the rule of law are concerned with the populist notion that competition law should be weaponized and used as a tool to address broader socio-economic concerns. Furthermore, adopting populist proposals that seek to rewrite antitrust law would upend more than a century of legal and economic learning and progress. This week, we will dive deeper into the recent populist antitrust movement and how the failure to distinguish between the proper and improper uses of antitrust laws poses a threat to the rule of law.

June 2, 2020

A Supreme Court term that saw historic firsts—oral argument by telephone and live audio—is drawing to a close. Terms usually end with a bang, and this bang will be louder than most because so many important cases remain undecided. Our panel of Supreme Court experts will discuss the Court's impending decisions and the issues on the line, including (to name just a few): What restrictions on abortion are permissible? Do federal discrimination laws apply to gender identity and sexual orientation? Can educational tax credits go to religious schools? And can New York and the U.S. House of Representatives get their hands on President Trump's financial records?

May 31, 2020

Severino, former Thomas law clerk Erik Jaffe and author Ralph Rossum shared their memories and thoughts about the justice in a Committee for Justice webinar.

May 30, 2020

Journalists and academics seem convinced that artificial intelligence is often biased against women and racial minorities. If Washington’s new facial recognition law is a guide, legislators see the same problem. But is it true? It’s not hard to find patterns in AI decisions that have a disparate impact on protected groups. Is this bias? And if so, whose?

May 28, 2020

May 25, 2020 marks two years since the landmark General Data Protection Regulation (GDPR) came into force, and European regulators find themselves struggling to enforce a law that has burdened the economy through enormous compliance costs and created more confusion than clarity. Meanwhile in the US, recent concerns over contact tracing and public health data during the COVID-19 pandemic have underscored the tension between a person’s right to privacy and the public’s right to know. What lessons for U.S. policy can be learned through the mistakes of others? Three leading privacy experts take an in-the-trenches look at how our privacy laws work (or don’t), recent failures in the states and abroad, and what is on the horizon as state and feder...

May 26, 2020

"Created Equal: Clarence Thomas in His Own Words," which tells the story of Clarence Thomas's journey from poverty and segregation in the South to the Supreme Court, debuted on national television last week. To mark the occasion, our panelists—former law clerks for Justice Thomas and the author of Understanding Clarence Thomas: The Jurisprudence of Constitutional Restoration—discuss his nearly thirty years on the Court, his approach to the law, and how his earlier life has shaped his jurisprudence.

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