FedSoc Events

Universities have long been thought of, and cherished, as places for the free exchange of ideas. This idea has, however, come under pressure. Student groups have now routinely exercised pressure to keep people who they disagree with off campus. And safe spaces and trigger warnings—which limit speech that some have deemed offensive—have become regular features at universities across the nation. -- Many see the climate of shouting-down or protesting the expression of others' viewpoints as the symbolic beginning of an era limiting the freedom of speech on college campuses. While surveys seem to show a majority of students disagree with universities curtailing speech, even when it is offensive, vocal minorities with opposing views have been the ones capturing news headlines and the attention of the public at large. -- With the accessibility to speech provided by the internet and viral sharing of information, expression and speech spread with more ease than ever, but this same technology creates opportunities for back-lash on social media and gives a larger stage to those who would threaten the free market of ideas at our nation's universities. -- The First Amendment protects principles which have always required vigilance to maintain, and today's world makes no exception. This panel will explore how these developments have affected intellectual discourse on campus and if they are conducive to a meaningful learning experience at our universities. -- This panel was presented at the 2017 National Student Symposium on Saturday, March 4, 2017, at Columbia Law School in New York City, New York. -- Featuring: Prof. Robert Post, Dean and Sol & Lillian Goldman Professor of Law, Yale Law School; Prof. Phillip Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia Law School; Prof. Suzanne Goldberg, Executive Vice President for University Life, Columbia University; Herbert and Doris Wechsler Clinical Professor of Law, Columbia Law School; and Prof. Michael McConnell, Richard and Frances Mallery Professor of Law; Director, Constitutional Law Center; Senior Fellow, Hoover Institution. Moderator: Hon. Thomas Hardiman, U.S. Court of Appeals, Third Circuit.

In August 2016, the American Bar Association (ABA) added new anti-discrimination guidelines for lawyers to its Model Rules of Professional Conduct through section 8.4. This section now binds lawyers to adhere to particular speech codes in the many states that have adopted it. -- The provision labels engagement “in conduct that [a] lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law." The ABA has defined discrimination and harassment to include “harmful verbal or physical conduct that manifests bias or prejudice towards others. Harassment includes sexual harassment and derogatory or demeaning verbal or physical conduct. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature." The conduct guidelines extend to “the practice of law," including, “representing clients; interacting with witnesses, coworkers, court personnel, lawyers and other while engaged in the practice of law; operating or managing a law firm or law practice; and participating in bar association, business or social activities in connection with the practice of law." -- Some have described this section as infringing on the rights on lawyers to speak their mind, while others have argued it is necessary to prevent discrimination within the profession. This debate will discuss the implications of Model Rules of Professional Conduct 8.4 and its impact on workplace discrimination and lawyers' rights. -- This debate was presented at the 2017 National Student Symposium on Saturday, March 4, 2017, at Columbia Law School in New York City, New York. -- Featuring: Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law and Mr. Robert N. Weiner, Partner, Arnold & Porter Kaye Scholer LLP. Moderator: Hon. Lavenski Smith, U.S. Court of Appeals, 8th Circuit.

December 2015 marked 150 years since the ratification of the Thirteenth Amendment—an occasion of singular moral, political, and legal importance in American history. This panel reflects on that past with an eye toward the future. While the Amendment plainly outlaws slavery itself, does it go beyond that, or authorize Congress to go beyond that, and if so, how? -- This panel was held on January 5, 2017 during the 19th Annual Faculty Conference in San Francisco, CA. -- Panel: The Thirteenth Amendment 150 Years Later -- Prof. Jennifer Mason McAward, Notre Dame Law School; Prof. Alexander Tsesis, Loyola University of Chicago School of Law; and Prof. David Upham, University of Dallas. Moderator: Prof. Randy Barnett, Georgetown University Law Center.