The Forum 2023-24

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 2023 Schedule

 

The Legalization of Corruption in the United States

Wednesday, September 13, 1:10–2:25 p.m.

Vanderbilt Hall, Greenberg Lounge

Following Watergate, the US led the charge against corruption in adopting the Foreign Corrupt Practices Act (FCPA), which imposed criminal penalties for corruption of foreign public officials. The US also advocated for and signed the OECD Convention Against Bribery, while Congress passed legislation targeting domestic corruption. Today, the US still leads the way in criminal enforcement actions for bribery of foreign public officials. But in recent years, the Supreme Court has issued several opinions that dramatically curtail the reach of US laws governing domestic corruption. Today, many practices that violate the FCPA do not violate US law’s prohibiting domestic bribery—including influence peddling (selling the ability to use one’s public position to influence others in government). Beyond this, the Supreme Court also has legalized other corrupt exercises of public power for purely private aims. At this Forum, experts with a range of perspectives—a prosecutor, a defense lawyer, and NYU Law faculty members—will discuss these developments and consider whether they can be justified or instead reveal that reforms are needed.

This program is co-hosted by the Program on Corporate Compliance and Enforcement.

Panelists

  • Kevin Davis, Beller Family Professor of Business Law, NYU School of Law
  • Lawrence Gerschwer, Partner, Barnes & Thornburg; former Assistant United States Attorney and member of the Public Corruption Unit, United States Attorney’s Office for the Southern District of New York
  • M. Kristin Mace, Chief, Criminal Division, United States Attorney’s Office for the Eastern District of New York

Moderator

  • Jennifer Arlen ’86, Norma Z. Paige Professor of Law and Director, Program on Corporate Compliance and Enforcement, NYU School of Law

Watch the full video

 

Supreme Court (P)review

Wednesday, September 27, 1:10–2:25 p.m.

Vanderbilt Hall, Greenberg Lounge

The US Supreme Court issued rulings in several high-profile cases at the end of its last term in June. Far from settling fraught issues, many of these decisions raise new questions that may themselves end up before the Court. For example, will the prohibition on race-based affirmative action in college admissions be extended to workplace diversity programs? Meanwhile, new cases are landing on the Court’s merits docket for the upcoming term, including a major gun rights case and another that considers whether government officials can block followers on personal social media accounts they use to communicate with the public. While the Court’s substantive work typically draws attention, this year individual justices have also garnered an unprecedented level of scrutiny in connection with luxury travel and book sales. All of these matters will be on the table for discussion at this Forum, featuring experts with a range of vantage points on the Court.

Panelists

  • Melissa Arbus Sherry, Partner and member of the Supreme Court and Appellate Practice, Latham & Watkins
  • Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University
  • Abbie VanSickle, Supreme Court Correspondent, New York Times

Moderator

  • Melissa Murray, Frederick I. and Grace Stokes Professor of Law, NYU School of Law; Co-host, Strict Scrutiny podcast

 

Prosecuting Trump: Live Podcast Recording

Wednesday, October 4, 1:10–2:25 p.m.

Vanderbilt Hall, Greenberg Lounge

At this Forum, former federal prosecutors Mary McCord and Andrew Weissmann will record an episode of the popular MSNBC podcast they co-host, Prosecuting Donald Trump. Each episode features McCord (now at Georgetown Law) and Weissmann (a professor of practice at NYU Law) dissecting the latest developments in one or more of the four pending criminal cases against the former president. And during this episode, they’ll be talking to a special guest: NYU Law Professor and Dean Emeritus Trevor Morrison, who as a practitioner in the White House and constitutional law scholar will draw from his deep expertise on the executive branch. Time will also be allowed for questions from the audience.

This event is co-hosted by the Reiss Center on Law and Security.

Participants

  • Mary McCord, Visiting Professor of Law and Executive Director, Institute for Constitutional Advocacy and Protection, Georgetown University Law Center; Served as Principal Deputy Assistant Attorney General and Acting Assistant Attorney General for National Security (2014–2017), and for nearly 20 years as a federal prosecutor in Washington, DC.
  • Trevor Morrison, Eric M. and Laurie B. Roth Professor of Law and Dean Emeritus, NYU School of Law; Appointed by President Biden to the Presidential Commission on the Supreme Court of the United States (2021); Associate Counsel to President Obama (2009)
  • Andrew Weissmann, Professor of Practice and Distinguished Senior Fellow, Reiss Center on Law and Security, NYU School of Law; Served as a lead prosecutor in Robert S. Mueller’s Special Counsel’s Office (2017–2019), General Counsel of the Federal Bureau of Investigation (2011–2013), and Chief of the Fraud Section, US Department of Justice (2015–2019)