The Forum, sponsored by Latham & Watkins, presents discussions on current events, legal and public policy issues, and intellectual ideas. The programs feature experts from within and outside the Law School, and time is generally allowed for questions from the audience.
Fall 2020 Schedule
Supreme Court Preview
Wednesday, September 30, 2:00–3:30 p.m.
Virtual Event
The US Supreme Court is at center stage as the nation mourns the death of Justice Ruth Bader Ginsburg and a political brawl is underway over the selection of her successor. Amidst all this, the Court begins a new term on October 1, and a number of major cases are already on the docket. This year we add a twist to our usual Forum that previews the upcoming term: The discussion will feature the Strict Scrutiny podcast team, including NYU Law’s Melissa Murray, and they’ll be recording the event as a podcast episode. You can read about the Strict Scrutiny crew on their website, and at this Forum they’ll offer views on cases including the latest challenge to the Affordable Care Act to reach the Court (California v. Texas /Texas v. California), and one pitting First Amendment free-exercise claims against antidiscrimination law (Fulton v. City of Philadelphia). They’ll also continue their discussion about Justice Ginsburg’s legacy and the battle to fill her vacancy.
Panelists
- Leah Litman, Assistant Professor of Law, University of Michigan Law School
- Melissa Murray, Frederick I. and Grace Stokes Professor of Law, NYU School of Law
- Kate Shaw, Professor of Law, Benjamin N. Cardozo School of Law
Where Law Ends: Inside the Mueller Investigation
Tuesday, October 13, 3:30–4:45 p.m.
Virtual Event
For two years, Andrew Weissmann served as a senior member of the team assembled by Robert Mueller to investigate Russian interference in the 2016 US election. In his new book, Where Law Ends: Inside the Mueller Investigation, Weissmann provides the first and so far only inside account of the investigation. As described by the publisher:
Weissmann puts the reader in the room as Mueller’s team made their most consequential decisions, such as whether to subpoena the president, whether to conduct a full financial investigation of Trump, and whether to explicitly recommend obstruction charges against him. Weissmann also details for the first time the debilitating effects that President Trump himself had on the investigation, through his dangling of pardons and his constant threats to shut down the inquiry and fire Mueller, which left the team racing against the clock and essentially fighting with one hand tied behind their backs.
This Forum, to be presented as a Zoom webinar, will consist of a brief book talk by Weissmann, followed by a Q&A with NYU Law experts on criminal law and national security.
Panelists
- Rachel Barkow, Vice Dean; Segal Family Professor of Regulatory Law and Policy; Faculty Director, Center on the Administration of Criminal Law
- Ryan Goodman, Anne and Joel Ehrenkranz Professor of Law; Founding Co-Editor-in-Chief, Just Security
- Courtney Oliva, Executive Director, Center on the Administration of Criminal Law
- Andrew Weissmann, Partner, Jenner & Block; NYU Law Senior Distinguished Fellow and Adjunct Professor of Law
The 2020 Election, Part I: Critical Issues as America Votes
Tuesday, October 20, 11:30 a.m.–1:00 p.m.
Virtual Event
The issues surrounding the 2020 election are in the headlines on a daily basis: pandemic-related changes to voting procedures and deadlines (and challenges to those changes); early voting and mail-in voting (and associated allegations of potential fraud and concerns about counting ballots in a timely manner); poll watching vs. voter intimidation; the role of courts; the possibility that Congress could decide a tied or contested outcome; and many more. At this Forum, Professors Samuel Issacharoff and Richard Pildes—who established the Law of Democracy as an academic discipline and are experts in election law—will join other experts in the field to discuss what the country faces two weeks ahead of Election Day. For Part II of this discussion, the panel will reconvene on November 20 to assess the situation two-and-a-half weeks after the polls have closed.
Panelists
- Benjamin Ginsberg, Practitioner of election law for 38 years (retired); clients included the Republican National Committee, the Republican Governors Association, and the Bush-Cheney presidential campaign. Co-chaired the bipartisan 2013 Presidential Commission on Election Administration.
- Samuel Issacharoff, Bonnie and Richard Reiss Professor of Constitutional Law, NYU School of Law
- Richard Pildes, Sudler Family Professor of Constitutional Law
- Franita Tolson, Vice Dean for Faculty and Academic Affairs, and Professor of Law, USC Gould School of Law
The 2020 Election, Part II: Where Things Stand
Friday, November 20, 10:30 a.m.–12:00 p.m.
Virtual Event
At this Forum, the same panelists who discussed key issues around voting shortly before the election will reconvene two-and-a-half weeks after Election Day. They will assess how the election process went and the post-election challenges that President Trump and his allies have brought. They’ll also discuss issues that could arise around state certification of election results, the workings of the Electoral College, and the transition of power.
Panelists
- Benjamin Ginsberg, Practitioner of election law for 38 years (retired); clients included the Republican National Committee, the Republican Governors Association, and the Bush-Cheney presidential campaign. Co-chaired the bipartisan 2013 Presidential Commission on Election Administration.
- Samuel Issacharoff, Bonnie and Richard Reiss Professor of Constitutional Law, NYU School of Law
- Richard Pildes, Sudler Family Professor of Constitutional Law
- Franita Tolson, Vice Dean for Faculty and Academic Affairs, and Professor of Law, USC Gould School of Law
Spring 2021 Schedule
Crisis in Washington
Friday, January 15, 1:00–2:30 p.m.
Virtual Event
Urgent concerns raised by recent and ongoing events in Washington have prompted us to schedule this extraordinary Forum, even as the Law School remains on winter break. Dean Trevor Morrison will moderate a discussion among NYU Law experts in constitutional law, criminal law, and national security.
This program is co-sponsored by the Birnbaum Women's Leadership Network and the Reiss Center on Law and Security.
Panelists
- Rachel Barkow, Vice Dean; Charles Seligson Professor of Law; Faculty Director, Center on the Administration of Criminal Law
- Preet Bharara, Distinguished Scholar in Residence; Adjunct Professor of Law; Host, Stay Tuned with Preet
- Ryan Goodman, Anne and Joel Ehrenkranz Professor of Law; Faculty Co-Director, Reiss Center on Law and Security; Founding Co-Editor-in-Chief, Just Security
- Trevor Morrison, Dean; Eric M. and Laurie B. Roth Professor of Law
- Melissa Murray, Frederick I. and Grace Stokes Professor of Law; Faculty Director, Birnbaum Women's Leadership Network
- Andrew Weissmann, Distinguished Senior Fellow; Adjunct Professor of Law; Partner, Jenner & Block; Author, Where Law Ends: Inside the Mueller Investigation; Senior Prosecutor, Office of Special Counsel Robert Mueller (2017-2019)
Regulation in Transition: The New Presidential-Power Playbook
Wednesday, January 27, 11:00 a.m. –12:15 p.m.
Virtual Event
In recent decades, as presidents have been less able to obtain legislative wins due to congressional gridlock, they have increasingly relied on regulatory measures to implement policy. Presidents have also sought to roll back regulations issued by the administration they succeed, if they are of differing political parties. President Trump was no exception, but he pursued regulatory rollbacks far more aggressively than other presidents, targeting significant measures from as far back as 2015 in areas such as the environment and the financial sector. Many pages from this new rollback playbook are likely to remain in place for some time, and at this Forum, a panel of experts will discuss how they are likely to shape the regulatory and political strategies of President Biden’s new administration.
The Forum is sponsored by Latham & Watkins.
Panelists
- Sally Katzen, Professor of Practice and Distinguished Scholar in Residence; Co-Director, Legislative and Regulatory Process Clinic
- Amit Narang, Regulatory Policy Advocate, Public Citizen
- Bethany Davis Noll, Executive Director, State Energy and Environmental Impact Center
- Richard Revesz, AnBryce Professor of Law; Dean Emeritus; Director, Institute for Policy Integrity (moderator)
For reference: “Regulation in Transition,” by Bethany Davis Noll and Richard Revesz.
The SolarWinds Breach: What Happened and Where Do We Go From Here?
Wednesday, March 24, 1:00–2:00 p.m.
Virtual Event
In early 2020, the company SolarWinds suffered a massive cybersecurity breach of its software that went undetected for many months and had the effect of compromising a number of U.S. government agencies in addition to many private sector companies. Our understanding of the scale and scope of the attack is still unfolding, and the breach will constitute an early challenge for the Biden Administration. As more information comes out about the breadth of the hack—widely suspected to be the product of a foreign espionage campaign—and its impact on both the U.S. government and the private sector, our panelists will address what happened, who has responsibility, what is the legal landscape, and what can be done to address the breach
This program is co-sponsored by the Reiss Center on Law and Security and the NYU Center for Cybersecurity.
Panelists
- Edward Amoroso, Research Professor, NYU Center for Cybersecurity; CEO, TAG Cyber LLC
- Kristen Eichensehr, Professor of Law and Director, National Security Law Center, University of Virginia School of Law
- Judith Germano, Senior Fellow, Reiss Center on Law and Security; Distinguished Fellow, NYU Center for Cybersecurity; Adjunct Professor of Law, NYU School of Law
- Aaron Hughes, Group Vice President and Chief Information Security Officer, Albertsons Companies; Deputy Assistant Secretary of Defense for Cyber Policy, US Department of Defense, 2015-2017
- Randal Milch (moderator), Co-Chair, NYU Center for Cybersecurity; Distinguished Fellow, Reiss Center on Law and Security; and Professor of Practice at NYU School of Law
This event has been approved for one New York State CLE credit in the category of Areas of Professional Practice. The credit is both transitional and nontransitional; it is appropriate for both experienced and newly admitted attorneys.
Lawyers and Democracy: Whose Side Were They On?
Wednesday, March 31, 1:00–2:30 p.m.
Virtual Event
Lawyers have long played a vital role in assuring the fair and equitable functioning of our democracy, including through challenges to voting rules and election administration. But before and after the 2020 election, some lawyers seemed more intent on subverting the democratic process by seeking, without a legal basis, to overturn or create doubt about the legitimacy of President Biden’s victory. What do the bar's & professional conduct rules and other law have to say about their conduct? To what extent is it legitimate to criticize lawyers because of the goals of their clients or how they represent them, even when they cross no legal or ethical boundary? Of special concern are the actions of lawyers at the Justice Department who seemed, at times, to treat the president, not the United States, as their true client. Do our professional conduct rules and other law need a clearer statement about the loyalty obligations and other duties of government lawyers, at all levels? And how far should this inquiry be extended to actions other lawyers have taken during the last four years that many view as undermining core elements and institutions of US democracy? At this Forum, Dean Trevor Morrison will examine these questions with an eminent group of NYU Law experts.
Panelists
- Preet Bharara, Distinguished Scholar in Residence and Adjunct Professor of Law, NYU School of Law; Host, Stay Tuned with Preet
- Bob Bauer, Professor of Practice and Distinguished Scholar in Residence, NYU School of Law
- Stephen Gillers ’68, Elihu Root Professor of Law, NYU School of Law
- Sherrilyn Ifill ’87, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc.
- Trevor Morrison (moderator), Dean and Eric M. and Laurie B. Roth Professor of Law, NYU School of Law
Could the Internet Break Democracy?
Thursday, April 15, 1:00–2:30 p.m.
Virtual Event
Could free speech, long considered a defining element of liberal democracy, also bring about its undoing? In recent years, a deluge of falsehoods, conspiracy theories, foreign-government sponsored disinformation, and hate speech in the media—particularly social media—has put this proposition to the test. People on the right have accused major platforms of selectively censoring conservative views; liberals have decried the failure of the same outlets to rein in hate speech and lies, including about the outcome of the 2020 election. Lawmakers on both sides have called for reforming, or even abolishing, Section 230 liability protections for social media. What would be the consequences of such changes, and are there alternative solutions? Should Twitter and Facebook be able to “deplatform” national leaders, as they and others did with Donald Trump? Are there steps that can and should be taken to address content algorithms that steer users towards extremism? At this Forum, Dean Trevor Morrison and a panel of experts will address the issues that lie at the intersection of media, democracy, and speech.
This program is co-sponsored by NYU Law’s Engelberg Center on Innovation Law & Policy.
Panelists
- Randy Milch ’85, Co-Chair, NYU Center for Cybersecurity, Distinguished Fellow, Reiss Center on Law and Security, and Professor of Practice, NYU School of Law
- Trevor Morrison (moderator), Dean and Eric M. and Laurie B. Roth Professor of Law, NYU School of Law
- Faiza Patel ’91, Director, Liberty & National Security Program, Brennan Center for Justice, NYU School of Law
- Christopher Jon Sprigman, Murray and Kathleen Bring Professor of Law, NYU School of Law
- Kara Swisher, Contributing Opinion Writer and Host of the podcast Sway, New York Times
- Jeremy Waldron, University Professor, NYU School of Law
The SPAC Craze: A Critical Assessment
Wednesday, June 16, 9:45–11:00 a.m.
Virtual Event
For the past year, SPACs have been the hottest thing on Wall Street. Legions of private companies seeking public capital have done so through SPACs, which have been touted as faster, easier, and cheaper than IPOs. The potential for SPAC sponsors to reap big windfalls has drawn celebrities into the game, including Serena Williams and Jay-Z. SPACs accounted for about 50 percent of all money raised through IPOs in 2020 and an even higher percentage in early 2021. But in recent months, press accounts and regulators have begun sounding a cautionary note, in many instances pointing to the findings in a paper coauthored by NYU Law Professor Michael Ohlrogge titled “A Sober Look at SPACs” What advantages do SPACs really offer over other ways to tap capital, such as IPOs or direct listings? Is the investing public being adequately informed about their highly dilutive cost structure? Who are the winners and losers in the SPAC craze? And can SPACs be improved? At this Forum, Ohlrogge will join other experts with a wide range of perspectives on the world of corporate finance to discuss these issues and others, as well as field questions from the audience.
This program is co-sponsored by NYU Law’s Institute for Corporate Governance & Finance.
Participants
- Scott Kupor, Managing Partner, Andreessen Horowitz
- Michael Ohlrogge, Assistant Professor of Law, NYU Law
- Edward Rock, Martin Lipton Professor of Law; Co-Director, Institute for Corporate Governance & Finance, NYU Law (moderator)
- Rachel Sheridan, Partner, Latham & Watkins
- Andrew Ross Sorkin, Columnist and Editor, New York Times; Co-anchor, Squawk Box, CNBC
This event has been approved for one New York State CLE credit in the category of Areas of Professional Practice. The credit is both transitional and nontransitional; it is appropriate for both experienced and newly admitted attorneys. Out-of-state CLE: NYU School of Law is an accredited provider of CLE in New York State. If you are seeking CLE credit for a different state, we recommend you consult with your state’s CLE Board to ascertain regulations on reciprocity.