RTP's Fourth Branch Podcast The Federalist Society

In October 2022, President Biden issued an executive order regarding the European Union - U.S. Data Privacy Framework. The Framework allows for data flows between the EU and the U.S., and it was established after the European Court of Justice struck down a prior agreement known as the EU-U.S. Privacy Shield. The executive order addresses U.S. collection of signals intelligence, which has been a source of concern for EU regulators and privacy advocates. The executive order limits signals intelligence collection to defined national security objectives, requires the privacy and civil liberties of all persons be considered regardless of nationality, and the collection must be proportionate. In addition, the executive order calls for a multi-layered review process that will allow individuals to lodge complaints regarding the collection of signals intelligence.

Our experts will discuss whether the Framework addresses the concerns of privacy advocates in the EU and the U.S., and they will consider the implications of the review process for U.S. intelligence collection. This program will also explore whether the EU and U.S. can reach a durable privacy agreement given the tension between EU privacy preferences and U.S. national security needs.

Featuring:
- Stewart Baker, Of Counsel, Steptoe & Johnson LLP
- Max Schrems, Founder, NOYB
- [Moderator] Matthew R. A. Heiman, General Counsel & Corporate Secretary, Waystar Health; Senior Fellow and Director of Planning, National Security Institute

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

As children's lives become increasingly digital, how can we protect their safety online while weighing potential trade-offs like privacy interests and free speech?

Join us for a panel discussion examining the complex legal and ethical implications of enacting age verification requirements for access to social media and adult websites. The panel will dive into regulatory and legislative proposals and efforts, the role of tech companies and educational institutions, and the technological solutions available. Key questions include: How can we balance children's privacy and safety? What are the roles of government, companies, and parents? Is it necessary to restrict access by age? This timely discussion will provide a nuanced look at the issues from all sides as we seek to build a safer, more responsible digital world for the next generation.

Featuring:
- Clare Morell, Senior Policy Analyst, Technology and Human Flourishing Project, Ethics and Public Policy Center
- Ben Sperry, Senior Scholar, Innovation Policy, International Center for Law & Economics
- Jamie Susskind, Legislative Director for Senator Marsha Blackburn, U.S. Senate
- Shoshana Weissmann, Director, Digital Media, Communications and Fellow, R Street Institute
- [Moderator] Ashkhen Kazaryan, Senior Fellow, Free Speech & Peace, Stand Together

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Eleventh Annual Executive Branch Review Conference — EBRXI
Theme: Transparency, Accountability, and the Administrative State

The White House recently released much-anticipated changes to federal regulatory practices, including a new Executive Order 14094 on “Modernize Regulatory Review,” draft revisions to Circular A-4 governing regulatory impact analysis, and draft guidance on meetings with entities outside of the executive branch. The Office of Information and Regulatory Affairs (OIRA) has the lead for implementing these changes, which comprise the most significant regulatory policy initiatives of the Biden administration. In this opening session, OIRA experts, including several former OIRA administrators will review these developments.

Featuring:
- Anthony Philip Campau, Principal, Clark Hill Public Strategies & Attorney, Clark Hill PLC
- Susan Dudley, Director, GW Regulatory Studies Center & Distinguished Professor of Practice Trachtenberg School of Public Policy & Public Administration, George Washington University
- Sally Katzen, Professor of Practice and Distinguished Scholar in Residence & Co-Director of the Legislative and Regulatory Process Clinic, New York University
- [Moderator] Andrew Olmem, Partner, Mayer Brown

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

During President Obama’s second term, the U.S. Education Department began sharing studies indicating that black students were disciplined at higher rates than their white peers. These data were viewed as evidence of racial bias, and, in 2014, the Education and Justice Departments jointly published a resource package to help American schools “…promote fair and effective disciplinary practices that will make schools safe, supportive, and inclusive for all students,” (DOJ).

Supporters applauded these steps from the federal government saying they reduced schools’ racial disparities in disciplinary decisions thereby curtailing the “school-to-prison pipeline.” Critics countered that the guidance misstated federal civil rights law, encouraged racial discrimination in the allocation of school discipline to produce demographic parity, and left classrooms less functional.

The 2014 resource package was ultimately rescinded in 2018 under the Trump Administration, only to be largely restored by the Biden Administration. In May 2023, the Education and Justice Departments published a “Resource on Confronting Racial Discrimination in Student Discipline.”

What is the best path forward for appropriate and meaningful disciplinary decision making in American schools? How will our school children be best served? What does the evidence really show about race and school discipline? Please join us as an expert panel discusses the legal and educational contours of the most recent guidance on race and school discipline.

Featuring:
Dr. Juan Del Toro, Assistant Professor, Department of Psychology, University of Minnesota
Max Eden, Research Fellow, American Enterprise Institute (AEI)
Kristen Harper, Vice President for Public Policy and Engagement, Child Trends
Dan Morenoff, Executive Director, American Civil Rights Project
[Moderator] Alison Somin, Legal Fellow, Center for the Separation of Powers, Pacific Legal Foundation

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Join us for an in-depth exploration into the SEC's recent lawsuit against Coinbase – a case that will no doubt influence the legal landscape of crypto asset trading and securities laws well into the future.

The SEC alleges that Coinbase has operated its trading platform as an unregistered exchange, broker, and clearing agency, and further contends that Coinbase's staking-as-a-service program has been unlawfully engaged in securities offerings. On the other hand, Coinbase has challenged the classification of digital currencies as 'investment contracts' and has invoked the Major Questions Doctrine to question the SEC's authority to regulate without affirmative Congressional authorization.

Join Paul Grewal from Coinbase, Stephen Palley from Brown Rudnick LLP, and Professor J.W. Verret from George Mason University as they discuss regulators’ approach towards this burgeoning asset class, the legal arguments at play in the SEC’s lawsuit, and the broader implications of the case going forward.

Featuring:
- Paul Grewal, Chief Legal Officer, Coinbase
- Stephen Palley, Partner, Brown Rudnick LLP
- Moderator: J.W. Verret, Associate Professor of Law, George Mason University

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

What does it take to attract the world's most brilliant minds?

In this Tech Roundup episode, Caleb Watney and Adam Thierer explore the United States’ approach towards highly skilled immigration, its impact on innovation and economic growth, and how it might be improved going forward.

They begin by looking backwards, highlighting contributions from scientific refugees that led to remarkable advances such as the Manhattan Project. The conversation then delves into present-day legislative scenarios, including bipartisan support and barriers to immigration reform, alongside an analysis of specific policies like the CHIPS Act and the potential to expand the O-1 visa for extraordinary ability. The episode underscores immigrants' contributions to entrepreneurship and contrasts the United States' policies with those of Canada, the UK, and China's aggressive talent recruitment strategies.

Tune in for an in-depth exploration of how the United States could maintain its competitive edge in the global race for talent.

Featuring:
- Adam Thierer, Senior Fellow, Technology & Innovation, R Street Institute
- Caleb Watney, Co-Founder and Co-CEO, Institute for Progress

Additional Resources:
- STEM Immigration Is Critical to American National Security

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.