With the Court starting to hear cases for the upcoming year on October 7, 2024, a balanced panel of experts previewed some of the most interesting and potentially consequential cases for the coming year. The panelists focused on the civil justice-related cases on the docket, the cases where economic analysis is most at play, and those cases likely to have the most substantial economic impact or require adjustment to business activity.

Panelists:

John H. Beisner, Of Counsel, Litigation; Mass Torts, Insurance and Consumer Litigation, Skadden, Arps, Slate, Meagher & Flom LLP

Robert S. Peck, President, Center for Constitutional Litigation

Donald J. Kochan, Moderator, Professor of Law and Executive Director, Law & Economics Center

This one-hour talk examined the recent Department of Justice (DOJ) complaint against Apple, which alleges that Apple has designed and structured its iPhone platform in a manner that violates Section 2 of the Sherman Act. Join us as Professor James Cooper of George Mason University Antonin Scalia Law School, Professor Erika Douglas of Temple University Beasley School of Law, Professor Thom Lambert of the University of Missouri School of Law, and moderator Professor John Yun of George Mason University Antonin Scalia Law School discuss the scope of a platform's duty to deal, the relevance of privacy considerations in antitrust matters, and the applicability of the seminal Microsoft case in determining the likely outcome.

Luncheon Panel at the Fifteenth Annual Judicial Symposium on Civil Justice Issues in Charleston, SC

This is the second episode in the LEC's Native American Heritage Month series, "Reclaiming the Narrative: Voices from Indian Country." In this series, tribal leaders share their perspectives and discuss a wide range of issues from indigenous history to tribal courts.

This is the first episode in the LEC's Native American Heritage Month series, "Reclaiming the Narrative: Voices From Indian Country." In this series, tribal leaders share their perspectives and discuss a wide range of issues from indigenous history to tribal courts.

Professor of Law and Executive Director of the Law & Economics Center at the George Mason University Antonin Scalia Law School, Donald J. Kochan, moderates a discussion about Climate Change Lawsuits and Preemption or Displacement of State Law: An Analysis of the Sunoco Cert Petition. This conversation, recorded in May, 2024, features Phil Goldberg of Shook, Hardy & Bacon L.L.P., Catherine M. Sharkey of New York University School of Law, and John Yoo of University of California at Berkeley School of Law, who analyzed, from diverse persepectives, the merits of the Sunoco Cert Petition and the arguments surrounding it.

Professor of Law and Executive Director of the Law & Economics Center at the George Mason University Antonin Scalia Law School, Donald J. Kochan, moderates a discussion about the Standards for Judicial Education on Scientific Topics. This conversation, recorded in January, 2024, features David Faigman of the University of California College of Law, Jonathan Klick of the University of Pennsylvania Carey Law School, Gary Marchant of the Arizona State University Sandra Day O'Connor College of Law, and Charles R. Santerre of Clemson University, who provide their expertise on teaching judges about science and how to understand scientific methodology, how to evaluate scientific topics as a non-expert, and how to consider the admissibility of expert testimony.

What standards can be employed to ensure that the teachers of judges remain objective educators rather than using the podium to teach the judges how to achieve policy outcomes and overcome scientific barriers to those outcomes? What is appropriate and what is not in educating judges about science? What should be the objective of this kind of specialized judicial education – is it to empower the judges to understand science or to provide tools for activism from the bench? How do you remain objective as an instructor and in the curriculum? What standards should be used when teaching science to ensure that you do not cross the line into helping judges manipulate science to achieve preferred policy objectives? What are some good and bad models of judicial education on science, and how can judges identify them? These and other questions were explored.

Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy 

Forum on the Economic and Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy 

Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon L. Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy

Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy

Forum on the Economic & Legal Foundations of Capitalism, with Nobel Laureate Vernon Smith; Cosponsored with the Smith Institute for Political Economy and Philosophy 

Forum on the Economic & Legal Foundations of Capitalism, with Nobel laureate Vernon Smith

Cosponsored with the Smith Institute for Political Economy and Philosophy 

Panel on Privacy, Data, and Competition Policy at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security.

Panel Members:

David LeDuc, Vice President of Public Policy, Network Advertising Initiative

Alison Pepper, Executive Vice President of Government Relations, The 4As

Lindsey Barrett, Fritz Family Fellow and Adjunct Professor of Law, Georgetown
University Law Center

Ari Levenfeld, Senior Manager, Government Affairs & Public Policy, Google

Panel on Perspectives on Surveillance Capitalism at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security.

Panel Members:

Jane Bambauer, Professor of Law, University of Arizona James E. Rogers College of
Law

Neil Chilson, Senior Research Fellow, Charles Koch Institute

Moderator:

Andrew Stivers
Associate Director, NERA Economic Consulting

Panel on Privacy, Data, and Competition Policy at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security.

Panel Members: 
Erika Douglas, Assistant Professor of Law, Temple University Beasley School of Law

Michael Kades, Director of Markets and Competition Policy, Washington Center for
Equitable Growth

John Yun, Associate Professor of Law, George Mason University Antonin Scalia Law
School

Fireside Chat with FTC Commissioner Noah Phillips moderated by James C. Cooper at the 9th Annual Symposium on the Law & Economics of Privacy & Data Security.

Keynote Luncheon Address from Jon Fasman, US Digital Editor, The Economist at the Ninth Annual Symposium on the Law & Economics of Privacy & Data Security. 

Listen in to the LEC's Judicial Symposium on Scientific Methodology and the Admissibility of Expert Testimony to hear an insightful panel discussion on "The Challenge of Recognizing Good Science in the Courtroom" featuring: 

David E. Bernstein, University Professor and Executive Director, Liberty and Law Center, George Mason University Antonin Scalia Law School

Edward Casmere, Partner, Riley Safer Holmes & Cancila LLP

Jeffrey S. Parker, Professor of Law (Retired), George Mason University Antonin Scalia Law School

Thomas Sheehan, Partner, Shook Hardy & Bacon LLP

Moderator: Erin O'Hara O'Connor, Dean and McKenzie Professor of Law, Florida State University College of Law

To watch a full video recording of the panel discussion, click here. 

Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "Issues in Documenting and Calculating Damages:The Debate Over Medical Financing and "Phantom" Damages" featuring: 

Nicholas C. Johnson, Of Counsel, Cohen Milstein Sellers & Toll PLLC

Drew LaFramboise, Partner, Ashcraft & Gerel 

Lee Mickus, Partner, Evans Fears & Schuttert LLP 

Caitlin F. Saladrigas, Partner, Holland & Knight

Moderator: William C. Mims, Justice, Virginia Supreme Court

To watch a full video recording of the panel discussion, click here. 

Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "The Controversy over Trends in High Damage Awards: A Discussion on Causes and Consequences" featuring:

David Ball, Trial Consultant, Malekpour & Ball Litigation Strategy

Mark A. Behrens, Co-Chair, Public Policy Practice Group, Shook Hardy & Bacon

John H. Beisner, Partner, Litigation, Mass Torts, Insurance, and Consumer Litigation
Skadden, Arps, Slate, Meagher & Flom LLP

Laura Frank Sedrish, Partner, Jacoby & Meyers

Moderator: Brock A. Swartzle, Judge, Michigan Court of Appeals

To watch the full video recording of the panel discussion, click here. 

Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "Developments in Punitive Damages" featuring: 

Eric D. Holland, Owner and Partner, Holland Law Firm, LLC

Evan M. Tager, Partner, Mayer Brown

W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management and Co-Director, PhD Program in Law and Economics, Vanderbilt Law School

Navan Ward, Principal, Beasley Allen

Moderator: Harris L Hartz, Circuit Judge, US Court of Appeals for the Tenth Circuit

To watch the full video recording of the panel discussion, click here. 

Listen in to the LEC's virtual Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions to hear a panel discussion on "An Update on the Ongoing Debate over Nationwide Injunctions, Especially with a Change in Presidential Administration" featuring: 

Samuel L. Bray, Professor of Law, The Notre Dame University Law School

Scott A. Keller, Former Solicitor General
State of Texas (2015-2018)

Amy Marshak, Senior Counsel, Institute for Constitutional Advocacy and Protection and Adjunct Professor of Law, Georgetown University Law Center

Michael T. Morley, Associate Professor, Florida State University College of Law

Moderator: Trevor N. McFadden, District Judge, US District Court for the District of Columbia

To watch the full video recording of the panel discussion, click here.

Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear a panel discussion on "Emerging State Interventions in Patent Settlements and Other Intellectual Property Matters Affecting Pharmaceuticals" featuring: 

Adam Mossoff, Professor of Law, George Mason University Antonin Scalia Law School

David Reichenberg, Co-Chair, Antitrust, Cozen O'Connor

Richard Samp, Senior Litigation Counsel, New Civil Liberties Alliance

Melissa Feeney Wasserman, Charles Tilford McCormick Professor of Law, The University of Texas at Austin School of Law

To watch the full video recording of the panel discussion, click here. 

Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear a panel discussion on "Federal Efforts to Control Pharmaceutical Prices" featuring: 

James W. Kim, Partner, McDermott Will & Emery

William Padula, Fellow, University of Southern California Schaeffer Center and Assistant Professor, Department of Pharmaceutical and Health Economics, University of Southern California School of Pharmacy

Serra J. Schlanger, Director, Hyman, Phelps & McNamara PC

To watch the full video recording of the panel discussion, click here. 

Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear a panel discussion on "State Price Controls for Pharmaceutical Products" featuring:

Kirsten Axelsen, Senior Policy Advisor, DLA Piper and Visiting Fellow, American Enterprise Institute 

Sarah Kaminer Bourland, RN, BSN, MPH Legislative Director, Patients for Affordable Drugs

Peter Maybarduk, Director, Public Citizen

Steven Horwitz, Distinguished Professor of Free Enterprise and Director, Institute for the Study of Political Economy, Ball State University

To watch the full video recording of the panel discussion, click here. 

Listen in to the LEC's virtual Symposium on the Economics and Law of Pharmaceutical Regulation: Emerging Issues to hear from Kenneth I. Kaitin, Senior Fellow and former Director of the Tufts Center for the Study of Drug Development at Tufts University School of Medicine.

To watch the full video recording of Professor Kaitin's Lecture, click here. 

Today's episode of The Marketplace of Ideas brings you a conversation between two of the leading minds in the academy on cost-benefit analysis.

Caroline Cecot is an Assistant Professor of Law at Antonin Scalia Law School at George Mason University. She teaches administrative law, environmental law, and torts. Professor Cecot has published widely in leading journals, and is a co-author of the casebook Environmental Law and Policy, 4th Ed. (Foundation Press, 2019).

Prior to joining the faculty, Professor Cecot was a Postdoctoral Research Scholar in Law and Economics at Vanderbilt Law School and clerked for the Honorable Raymond J. Lohier, Jr., of the United States Court of Appeals for the Second Circuit. She was also a Legal Fellow at the Institute for Policy Integrity at New York University School of Law. Professor Cecot is an affiliated scholar at the Atlantic Council, the C. Boyden Gray Center for the Study of the Administrative State, the Institute for Policy Integrity, and the Technology Policy Institute. She also regularly serves as an instructor in Law & Economics Center educational programming. She currently serves on the US Environmental Protection Agency Science Advisory Board's Economic Guidelines Review Panel.

Professor Cecot earned an AB degree, magna cum laude, in economics from Harvard College, a JD from Vanderbilt Law School, and a PhD in law and economics from Vanderbilt University. During her graduate studies, she received the Robert F. Jackson Prize and the Archie B. Martin Memorial Prize for her grades; and she was elected to Order of the Coif.

Click here to read Professor Cecot's recent article, and the focal point for today's episode, on "Deregulatory Cost-Benefit Analysis and Regulatory Stability."  

Michael A. Livermore is the Edward F. Howrey Professor of Law at the University of Virginia School of Law. He teaches environmental law, administrative law, regulatory law and policy, and advanced seminars on these topics. Professor Livermore is a leading expert on the use of cost-benefit analysis to evaluate regulation, and has published widely in leading journals. He is the co-author of Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health (Oxford University Press, 2020) and Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008).  He is also the co-editor of The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013). Prior to joining the faculty, Livermore was the founding executive director of the Institute for Policy Integrity at New York University School of Law.

Livermore earned his JD magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law's Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the US Court of Appeals for the DC Circuit. Professor Livermore is also Professor Livermore is a public member of the Administrative Conference of the United States.

Click here to read Professor Livermore's new book with Richard L. Revesz on "Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health."

Links

Caroline Cecot, Deregulatory Cost-Benefit Analysis and Regulatory Stability, 68 Duke L.J. 1593 (2019), https://scholarship.law.duke.edu/dlj/vol68/iss8/2

Michael A. Livermore and Richard L. Revesz, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health, Oxford University Press (2020), https://oxford.universitypressscholarship.com/view/10.1093/oso/9780197539446.001.0001/oso-9780197539446

Listen in to the twelfth panel of the LEC's Civil Justice Fest, a webinar series held throughout the month of November aimed to help make sense of America's rapidly changing civil justice environment.

This panel discussion featured:

John H. Beisner, Partner, Skadden, Arps, Slate, Meagher & Flom LLP

Robert S. Peck, Founder and President, Center for Constitutional Litigation

Kalpana Srinivasan, Managing Partner, Susman Godfrey LLP

 Moderator: Sarah E. Pitlyk, Judge, US District Court for the Eastern District of Missouri