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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.

May 20, 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, debuts on national television this 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—will discuss his nearly thirty years on the Court, his approach to the law, and how his earlier life has shaped his jurisprudence.

May 14, 2020

Robert Bork’s consumer welfare paradigm, which has heavily influenced the evolution of antitrust analysis and enforcement over the past 42 years, is under attack. Critics from both parties assert not only that antitrust has been unable to keep up with developments in the high tech, finance, and communications industries, but also that competition law should be weaponized and used as a tool to address broader concerns such as privacy, inequality, and political viewpoint discrimination. In response, the DOJ and FTC have launched investigations into Amazon, Apple, Facebook, Twitter and Google. Meanwhile, the House Judiciary Committee has launched its own investigation into these companies and are also reviewing whether changes are necessary to...

May 12, 2020

Virtual Panel Discussion: 

New Title IX Rules for Sexual Assault & Harassment

On May 6, the U.S. Department of Education released new Title IX regulations governing how schools handle students' accusations of sexual assault and harassment. The regulations are intended to ensure that every accusation of sexual misconduct is taken seriously while also guaranteeing due process and a presumption of innocence for the accused. Supporters of the new rules point out that due process has been lacking on many campuses since the Obama Administration's issuance of Title IX guidance in 2011. Critics of the rules, including Joe Biden and many other Democrats, say they will make it harder for accusers to obtain justice. Our panelists will discuss the merits...

May 12, 2020

Robert Bork’s consumer welfare paradigm, which has heavily influenced the evolution of antitrust analysis and enforcement over the past 42 years, is under attack. Critics from both parties assert not only that antitrust has been unable to keep up with developments in the high tech, finance, and communications industries, but also that competition law should be weaponized and used as a tool to address broader concerns such as privacy, inequality, and political viewpoint discrimination. In response, the DOJ and FTC have launched investigations into Amazon, Apple, Facebook, Twitter and Google. Meanwhile, the House Judiciary Committee has launched its own investigation into these companies and are also reviewing whether changes are necessary to...

May 11, 2020

On May 6, the U.S. Department of Education released new Title IX regulations governing how schools handle students' accusations of sexual assault and harassment. The regulations are intended to ensure that every accusation of sexual misconduct is taken seriously while also guaranteeing due process and a presumption of innocence for the accused. Supporters of the new rules point out that due process has been lacking on many campuses since the Obama Administration's issuance of Title IX guidance in 2011. Critics of the rules, including Joe Biden and many other Democrats, say they will make it harder for accusers to obtain justice. Our panelists will discuss the merits of the new regulations as well as the inevitable lawsuits challengi...

May 11, 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

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.

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