New Frontiers in Federalism – Session 2: Interstate and Regulatory Clashes: Commerce, Corporate Conduct and Corporate Law


The second session addresses inter-governmental clashes on commerce and economic regulation, and overlapping mandates involving the private sector. Our speakers sketch out the historical contours of federalism as it functioned in the aftermath of the Depression in the 1930s through the end of the 20th Century. Since then, the combination of inter-governmental pressures have combined with (a) an accelerating pace of technological innovation or disruption and (b) unprecedented political divisiveness to create ongoing regulatory conundrums.

Our speakers talk about state regulation of corporate law and the financial services industry and the legal and political difficulties concerning the “environmental, social and governance” (ESG) movement, and the clash between pro- and anti- boycott regulations in regard to state investment and public markets.

Stephen Kass
, Former Chair, Rule of Law Task Force

Hon. Jed Rakoff
, U.S. District Judge (SDNY)

Brad Karp
, Chair, Paul Weiss Rifkind Wharton & Garrison
Professor Michael Posner, Stern School of Business, NYU

Sponsoring Committee:
Rule of Law Task Force, Marcy Kahn, Chair

Co-Sponsoring Committees:
Health Law, Heather Hatcher, Chair
Sex and Law, Farah Diaz-Tello and Iliana Konidaris, Co-Chairs
Election Law, Rachael Harding, Chair
Government Ethics and State Affairs, Ed Murray, Chair
Federal Courts, Richard Hong, Chair

Co-Sponsoring Organization:
Birnbaum Women’s Leadership Network at NYU School of Law
The Brennan Center for Justice