Federalist Society Event Audio

Shakespeare's Henry V and the Law and War, Pt. 2 - Discussion - 6-15-10

19 Jul 2010 16:33:29 GMT

Now in its tenth year, the Boston Lawyers Chapter of the Federalist Society presents, as part of its Shakespeare and the Law series, a staged reading of Henry V, followed by a panel discussion of the law and war -- including the role of patriotism, the treatment of enemy combatants, the trial of foreign terrorists, and the use of torture. The event is hosted by Andrew H. Card Jr., former White House Chief of Staff, and features former D.C. U.S. Attorney and now General Counsel to Raytheon Co., Jay B. Stephens, as Henry. Participants also include U.S. federal judges Nathaniel M. Gorton, George A. O'Toole, Patti B. Saris, Douglas P. Woodlock, and Rya Zobel. Also featured are Kerry M. Healey, former Lt. Governor of Massachusetts, Michael Sullivan, former Mass. U.S. Attorney and Acting Director, ATF, John T. Montgomery, Managing Partner, Ropes & Gray, criminal defense attorney J.W. Carney Jr., Jennifer Nassour, Chair, Mass GOP, and Jeff Jacoby, Syndicated Columnist. The reading will be directed by Steven Maler, Artistic Director of Commonwealth Shakespeare Company (producer of free Shakespeare on Boston Common). The panel discussion will be moderated by Boston Lawyers Chapter chair and McCarter & English partner, Daniel J. Kelly, and will feature John Yoo, Professor of Law, Berkeley Law, U. Cal., Michael Avery, Professor of Law, Suffolk University, and Shakespeare and Politics scholar Bernard Dobski of Assumption College. The event is co-sponsored by the Massachusetts Bar Association. Part 2 of 2 - Discussion

Shakespeare's Henry V and the Law and War, Pt. 1 - Staged Reading - 6-15-10

19 Jul 2010 16:33:07 GMT

The International Criminal Court After Kampala: Should the United States Change its Relationship with the ICC? 7-12-10

13 Jul 2010 20:17:46 GMT

The Assembly of States Parties to the Rome Statute (which created the International Criminal Court) held a review conference in Kamapala, Uganda in early June 2010, including a week of negotiations resulting in the adoption of a definition of the crime of aggression. -- The Bush Administration "unsigned" the Clinton Administration's last-minute signing of the Statute and severely limited its contacts with the ICC. The Obama Administration, as part of its exploration of support for the ICC, sent a 30-member delegation to Kampala. -- The U.S. delegation's plea for rejection of the definition of the crime of aggression presented to the Review Conference was unsuccessful. Instead, the adoption of a complex set of understandings and amendments regarding the implementation of the definition, including one that made it clear that in the absence of a U.N. Security Council finding of an act of aggression neither a non-State Party nor its nationals could be charged with the crime, permitted the U.S. delegation to join the adoption of the definition by consensus. -- Should the U.S. re-sign the Statute? Accede to the Statute? Continue its current status as a non-party, but increase its cooperation with the ICC? On the other hand, does the action taken (or not taken) at Kampala provide additional support for those who oppose accession and cooperation? -- Featuring: Mr. Richard Dicker, Director of the International Justice Division for Human Rights Watch; Hon. Brian Hook, Partner at Latitude, LLC and former Assistant U.S. Secretary of State for International Organizations; Prof. Jeremy A. Rabkin of George Mason University School of Law; Prof. Michael P. Scharf, the John Deaver Drinko-Baker & Hostetler Professor of Law at Case Western Reserve University School of Law; and Hon. Edwin D. Williamson, Senior Counsel at Sullivan & Cromwell LLP and former Legal Adviser of the U.S. Department of State, as the moderator.

2010 Annual Supreme Court Round Up 7-9-10

Gregory G. Garre, Douglas R. Cox — 12 Jul 2010 22:09:35 GMT

On July 9, 2010, former United States Solicitor General Gregory G. Garre delivered the Annual Supreme Court Round Up at The Mayflower Hotel in Washington, DC. Mr. Douglas R. Cox of Gibson Dunn & Crutcher gave the introduction.

Regulatory Authority in the EPA 6-15-10

16 Jun 2010 18:37:48 GMT

The Environmental Protection Agency has broad discretion, delegated to it by Congress in several different legislative acts, in regulating all manner of pollutants. But what are the limits of that discretion? To what extent must and should regulators consider the costs of proposed regulations and weigh them against the benefits of those regulations? Should the EPA balance economic costs on one side, and benefits to health and the environment on the other side? Or are certain environmental or health hazards so dire that regulating them must be done at virtually any cost? On what type of information or science may the EPA rely in reaching its conclusions, deciding to regulate, and deciding how to regulate? These and other questions will be discussed by our panel of experts. Featuring: The Honorable Ronald Cass, President of Cass & Associates PC; Mr. Jeffrey Clark, Partner at Kirkland & Ellis LLP; Mr. Jason A. Schwartz, Legal Fellow at Institute for Policy Integrity; Mr. Robert Verchick, Deputy Associate Administrator of the Office of Policy, Economics, and Innovation at the United States Environmental Protection Agency; and Mr. Douglas T. Nelson, EVP, General Counsel and Secretary of CropLife America, as the moderator. This event was hosted by the Environmental Law & Property Rights Practice Group in Washington, DC, on June 15, 2010.

The Scurvy of Hollywood: International Film Piracy and the Pirate Bay Cases 4-13-10

John G. Malcolm, Beth Cate, Marshall Leaffer — 1 Jun 2010 22:01:06 GMT

The Indiana-Bloomington Student Chapter hosted this debate on "The Scurvy of Hollywood: International Film Piracy and the Pirate Bay Cases" on April 13, 2010. Speakers included Mr. John Malcolm, Former Executive Vice President and Director of World Wide Anti-Piracy Operations for the Motion Picture Assocation; Ms. Beth Cate, Associate General Counsel at Indiana University; and Prof. Marshall Leaffer of Indiana University Maurer School of Law as the moderator.

The Financial Crisis: Will More Governmental Stimulus and Regulation Save Our Economy? 2-22-10

Fred L. Smith, Martin Spechler, Timothy E. Lynch, Benjamin Blair — 1 Jun 2010 21:59:17 GMT

The Indiana-Bloomington Student Chapter hosted this debate on "The Financial Crisis: Will More Governmental Stimulus and Regulation Save Our Economy?" on February 22, 2010. Speakers included Mr. Fred L. Smith, Jr., President and Founder of the Competitive Enterprise Institute; Prof. Martin Spechler of Indiana University-Purdue University Indianapolis; and Prof. Timothy E. Lynch of Indiana University Maurer School of Law as the moderator. Mr. Benjamin Blair, Treasurer of the Indiana-Bloomington Student Chapter, gave the introduction.

Georgetown Student Chapter's Seventh Annual Lifetime Service Award: Natural Law In Ancient and Modern Guise 4-1-2010

Richard A. Epstein, Randy E. Barnett, Nicholas Quinn Rosenkranz — 28 May 2010 14:37:10 GMT

The Federalist Society's Georgetown Student Chapter presented its Seventh Annual Lifetime Service Award to Professor Richard A. Epstein on April 1, 2010. Prof. Randy Barnett of the Georgetown University Law Center opened the event and Prof. Nicholas Quinn Rosenkranz also of the Georgetown University Law Center introduced Prof. Epstein. Prof. Epstein's address was titled "Natural Law In Ancient and Modern Guise".

The Great Health Care Debate: Is Nationalized Health Care the Cure for America? 2-16-10

Doug Bandow, Neville Cox, David Fidler, Yvonne Cripps — 28 May 2010 03:32:55 GMT

On February 16, 2010, the Indiana - Bloomington Student Chapter of the Federalist Society, Black Law Students Association, and Health Law Society co-hosted this debate panel on health care, sponsored by the John Templeton Foundation. Speakers included Mr. Doug Bandow, Senior Fellow at the Cato Institute; Prof. Neville Cox of Trinity College Dublin School of Law; Prof. David Fidler of Indiana University Maurer School of Law; and Prof. Yvonne Cripps of Indiana University Maurer School of Law as the moderator.

California’s 17200 - Its Use and Abuse 5-19-10

25 May 2010 18:41:31 GMT

Prop 64, also known as California 17200, was adopted by initiative in 2004 and was supposed to limit the state’s law on unfair competition, restricting private lawsuits against a company only to those where an individual is actually injured by and suffers a financial loss due to an unfair, unlawful, or fraudulent business practice. Otherwise, only public prosecutors may file lawsuits charging unfair business practices. How has the measure functioned in practice? Has it been a hurdle for private litigation, or a catalyst? What has been the frequency and extent of criminal sanctions? Has the provision spurned a greater amount of business-on-business litigation, and what is the real-world impact of such a development? Speakers include Mr. H. Scott Leviant of Spiro Moss LLP; Prof. Shaun P. Martin of the University of San Diego School of Law; Mr. Jeremy Rosen of Horvitz & Levy LLP; and Mr. William L. Stern of Morrison & Foerster LLP.

Climate Policy Heats Up: What’s Not Cool About Global Warming Regulations 5-3-10

Jonathan H. Adler, Matthew Saltzman — 19 May 2010 00:29:14 GMT

In 2007, the Supreme Court declared that carbon dioxide and other greenhouse gases are "pollutants" under the Clean Air Act. Since then, the Environmental Protection Agency has announced its intention to adopt far-reaching greenhouse gas regulations. At the same time, Congress is considering federal climate legislation. What will these new regulatory initiatives mean? What will they cost? And will they do anything to make the planet cooler or greener? Professor Jonathan H. Adler will explore these questions and consider the implications of federal climate policy. The Las Vegas Lawyers Chapter of the Federalist Society hosted this event on May 3, 2010.

From Guantanamo Bay to Thomson, Illinois: A Debate on the Detention and Prosecution of Alleged Terrorists in 2010 and Beyond 2-22-10

Angela Campbell, Michael J. Edney, Larry J. Eisenhauer, Ryan G. Koopmans — 22 Apr 2010 15:57:54 GMT

The Iowa Lawyers Chapter presented this panel discussion on February 22, 2010, titled From Guantanamo Bay to Thomson, Illinois: A Debate on the Detention and Prosecution of Alleged Terrorists in 2010 and Beyond. Approximately one year after President Barack Obama announced his intention to close the detainee holding facility at Guantanamo Bay, Cuba, and in the wake of reports that the federal government intends to move terrorist detainees to a facility just outside Iowa's borders in Thomson, Illinois, and recent decisions to try the "Christmas Day Bomber," Umar Farouk Abdulmuttalab, in civilian court, the debate continues about the appropriate way to handle the detention and prosecution of terrorists. Mr. Edney and Ms. Campbell will discuss what has happened and will offer their thoughts on the appropriate course of conduct in the future. Speakers include Ms. Angela Campbell, co-founder of Dickey & Campbell P.L.C. and former counsel to four detainees held at Guantanamo Bay; Mr. Michael J. Edney, of counsel at Gibson, Dunn & Crutcher LLP and former Legal Advisor to President George W. Bush's National Security Council; and Judge Larry J. Eisenhauer of the Iowa Court of Appeals as the moderator. Introduction by Mr. Ryan G. Koopmans of Nyemaster Good West Hall & O'Brien PC and Vice President of the Iowa Chapter of the Federalist Society.

Christian Legal Society v. Martínez 4-14-10

15 Apr 2010 01:27:12 GMT

The Federalist Society's Religious Liberties Practice Group, the Becket Fund for Religious Liberty, and the Cato Institute present a panel discussion on Christian Legal Society v. Martínez. In 2004, the Christian Legal Society filed suit against the University of California Hastings College of the Law after being denied recognition and the benefits of recognition, including student activity fee funding, because the chapter requires its officers and voting members to adhere to the CLS Statement of Faith. In its lawsuit, CLS alleges that UC Hastings' exclusion of its chapter violates, among other constitutional rights, CLS' right of expressive association and CLS' right to be free from viewpoint discrimination. The district court ruled in favor of defendants, and a panel of the Ninth Circuit Court of Appeal, in March 2009, affirmed the district court's opinion. On December 7, 2009, the U.S. Supreme Court granted CLS's petition for certiorari, and oral arguments in Christian Legal Society v. Martínez are scheduled for April 19, 2010. Please join our distinguished panel of experts as they discuss the merits of this potentially landmark religious liberties case before the Court. Featuring: Mr. Luke Goodrich, Deputy National Litigation Director for the Becket Fund for Religious Liberty; Rev. Barry W. Lynn, Executive Director of Americans United for Separation of Church and State; Dr. Roger Pilon, Vice President for Legal Affairs and Director of the Center for Constitutional Studies at The Cato Institute; Mr. Paul M. Smith, Partner at Jenner & Block LLP; and Mr. William L. Saunders Jr., Senior Counsel for Americans United for Life, as the moderator. Introduction by Mr. Dean Reuter, Director of Practice Groups for the Federalist Society.

Address by William Kristol 2-27-10

William Kristol, Eugene B. Meyer — 22 Mar 2010 22:14:16 GMT

The 2010 Annual Student Symposium was hosted by the University of Pennsylvania Student Chapter in Philadelphia, PA, on February 26-27. The Symposium Banquet was held on Saturday and featured the Keynote Address by Mr. William Kristol, Editor of The Weekly Standard and a Commentator on Fox News. Introduction by Mr. Eugene B. Meyer, President of the Federalist Society.

2010 Bator Award Presentation 2-27-10

M. Todd Henderson, Prerak Shah — 22 Mar 2010 22:10:32 GMT

The Paul M. Bator Award was established in 1989 in memory of Professor Paul M. Bator, a renowned scholar and teacher of federal courts and constitutional law. Professor Bator taught at Harvard Law School from 1959 to 1982 and from 1983 to 1985, and at the University of Chicago from 1985 until his untimely death in 1989. He also served as Principal Deputy Solicitor General in 1982 and 1983. The award is given annually to a young academic (under 40) who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact. This year's award was presented to Prof. Todd Henderson of the University of Chicago Law School during the Federalist Society's 2010 Student Symposium Banquet. Mr. Prerak Shah of the University of Chicago Student Chapter introduced Prof. Henderson.

Does the Originalism of the Fourteenth Amendment Guarantee Justice for All? 2-27-10

Akhil Reed Amar, Jack M. Balkin, Steven G. Calabresi, John C. Harrison, Amy Wax — 15 Mar 2010 16:57:21 GMT

Often, critics argue that originalism will trap us in the sins of societies past, doomed to repeat some of history’s mistakes. If originalism cannot adequately meet these challenges, some would argue that it is significantly lacking as an interpretive theory. The Fourteenth Amendment is the provision of the Constitution often used to correct these injustices. This panel will examine the importance of the Fourteenth Amendment for the theory of originalism. For instance, does it transform the meaning of previous amendments? Are there distinctive interpretive rules for the Fourteenth Amendment? Can Fourteenth Amendment be interpreted in an originalist manner to provide equal justice for all? The Federalist Society's Student Division presented this debate at the 2010 Annual Student Symposium on February 27, 2010. Panelists included Prof. Akhil Reed Amar of Yale Law School; Prof. Jack Balkin of Yale Law School; Prof. Steven Calabresi of Northwestern University School of Law; Prof. John Harrison of the University of Virginia School of Law; and Prof. Amy Wax of the University of Pennsylvania Law School as the moderator.

Originalism, Precedent and Judicial Restraint 2-27-10

15 Mar 2010 16:55:53 GMT

We often hear much about the perils of “judicial activism” and how a judge’s proper role is as interpreter of law, not maker of law. However, in a world where much binding precedent has been decided on grounds other than original intent, this restrained view of the judiciary is sometimes thought to stand often in stark contrast with the originalist movement. Originalists have had two ways of treating precedent. One is to dismiss non-originalist precedent as inconsistent with originalism. This approach would allow judges to dramatically change the law. A second approach is to suggest that precedent can be reconciled with originalism. But this approach would require determinate rules to prioritize originalism and precedent. This panel will explore the conflict between a restrained judiciary and original constitutional interpretation as well as possible means through which the two may be reconciled. The Federalist Society's Student Division presented this panel at the 2010 Annual Student Symposium on February 27, 2010. Panelists included Justice Stephen Markman of the Michigan Supreme Court; Prof. Mike Rappaport of the University of San Diego School of Law; Prof. Jeffrey Rosen of The George Washington University School of Law; Prof. David Strauss of the University of Chicago Law School; and Judge Gene Pratter of the U.S. District Court for the Eastern District of Pennsylvania as the moderator.

Originalism and Construction: Does Originalism Always Provide the Answer? 2-27-10

15 Mar 2010 16:54:18 GMT

Recently, the so-called “new originalists” have embraced a concept called constitutional construction. Constructionist originalism responds to the claim that the original public meaning of some parts of the Constitution is vague or ambiguous. Constructionist originalists argue that interpreters are bound by the original meaning of the constitution only when it is clear. When it is unclear, interpreters must resort to non-originalist materials to determine the Constitution's meaning. Other scholars have attacked construction as permitting resort to illegitimate methods of interpretation within originalism. This panel will explore the rationales for and problems of construction-the most important current development in originalist theory. The Federalist Society's Student Division presented this panel at the 2010 Annual Student Symposium on February 27, 2010. Panelists included Prof. Randy Barnett of Georgetown University Law Center; Prof. Lino Graglia of the University of Texas School of Law; Prof. Caleb Nelson of the University of Virginia School of Law; Judge A. Raymond Randolph of the U.S. Court of Appeals for the DC Circuit; Prof. Kermit Roosevelt of the University of Pennsylvania Law School; and Judge Diane Sykes of th U.S. Court of Appeals for the Seventh Circuit as the moderator.

Originalism in Criminal Procedure: Ancient Checks or Newfangled Rights? 2-27-10

Stephanos Bibas, Jeffrey Fisher, Christopher S. Yoo — 15 Mar 2010 16:52:39 GMT

In recent years, the Supreme Court has relied on originalist arguments in ruling for defendants on issues of Fourth Amendment searches and seizures, Sixth Amendment confrontation and cross-examination, and Sixth Amendment jury-trial guarantees at sentencing. Originalists claim that these rulings are essential to reintroduce checks on governmental power, to protect defendants, and to reinforce juries. Critics object that the constitutional text and history provide only weak foundations for these new rights, that there are multiple plausible originalist approaches to each of these clauses, and that these rights misfire when superimposed on the modern criminal justice system. This debate will weigh the pros and cons of originalism and its appropriate role in interpreting the criminal procedure provisions of the Bill of Rights, particularly the Fourth and Sixth Amendments. The Federalist Society's Student Division presented this debate at the 2010 Annual Student Symposium on February 27, 2010. Speakers included Prof. Stephanos Bibas of the University of Pennsylvania Law School; Prof. Jeffrey Fisher of Stanford Law School; and Prof. Christopher Yoo of the University of Pennsylvania Law School as the moderator.

Originalism: A Rationalization for Conservatism or a Principled Theory of Interpretation? 2-26-10

15 Mar 2010 16:50:39 GMT

One of the criticisms of originalism is that it simply is code for conservative ideology. Pointing to figures such as Justice Scalia, some characterize originalism merely as a tool of the Republican Party, suggesting that all originalist jurisprudence is also politically conservative. The first question for originalism is what justifies originalism as a theory of constitutional interpretation as opposed to a political program. Originalists have advanced a variety of justifications for originalism. Some justify it on the basis that originalism is implicit in the use of language. Others suggest that originalism is to be preferred, because it is the theory that delivers the clearest rules. This panel will explore such justifications as well as critiques of originalism. The Federalist Society's Student Division presented this panel at the 2010 Annual Student Symposium on February 26, 2010. Opening remarks were delivered by University of Pennsylvania Law School Symposium Director Ryan Ulloa and Dean Michael A. Fitts of the University of Pennsylvania Law School. Panelists included Prof. Mary Anne Case of the University of Chicago Law School; Prof. Richard Fallon of Harvard Law School; Prof. Saikrishna Prakash of the University of Virginia School of Law; Prof. Keith Whittington of Princeton University; and Hon. Greg Garre, 44th Solicitor General of the United States, as the moderator.

The FCC's Authority to Promulgate Internet Traffic Rules 3-3-10

Gregory G. Garre, Gigi B. Sohn, Helgi C. Walker, Bryan N. Tramont — 3 Mar 2010 23:58:09 GMT

Recently, the Federal Communications Commission proposed an expansion of its authority into a new arena broadband internet access service. It is now in the midst of receiving and analyzing comments to its proposal. With both supporters and detractors, the proposal has generated a great deal of public attention. Our panel of experts discuss a paper written by former U.S. Solicitor General Gregory G. Garre examining the FCCs authority to regulate broadband internet access. This event was held at the National Press Club in Washington, DC, on March 3, 2010.

Civil Pleading Standards After Iqbal 1-8-10

Suzanna Sherry, Suja Thomas, Stephen B. Burbank, Adam Steinman, Robin Effron — 25 Feb 2010 19:42:29 GMT

This panel discussion took place on January 8, 2010, at the Federalist Society's 12th Annual Faculty Conference in New Orleans. Panelists included Prof. Suzanna Sherry of Vanderbilt University Law School; Prof. Suja Thomas of the University of Illinois College of Law; Prof. Stephen Burbank of the University of Pennsylvania Law School; Prof. Adam Steinman of the University of Cincinnati College of Law; and Prof. Robin Effron of Brooklyn Law School as the moderator.

2010 Health Care Reform Legislation 1-27-10

Paul Summers, James Blumstein, J. Ammon Smartt, Todd F. Gaziano, Bill Young — 23 Feb 2010 23:01:34 GMT

The Nashville Lawyers Chapter hosted this panel discussion on "2010 Health Care Reform Legislation" at the law firm of Waller Lansden Dortch & Davis LLP in Nashville on January 27, 2010. Speakers included Mr. Todd Gaziano, Director of the Center for Legal and Judicial Studies at The Heritage Foundation; Mr. Bill Young, General Counsel of BlueCross BlueShield of Tennessee; Hon. Paul Summers, former Attorney General of Tennessee; and Prof. James Blumstein, Director of the Vanderbilt Health Policy Center at Vanderbilt University Law School as the moderator. Mr. Ammon Smartt, Co-Chair of the Nashville Lawyers Chapter, delivered the introduction.

Balancing Individual Rights and National Security 2-8-10

John C. Yoo, Bob Barr, Gil Soffer — 8 Feb 2010 20:01:00 GMT

The Chicago Lawyers Chapter hosted this debate on "Balancing Individual Rights and National Security" at the Union League Club in Chicago on February 8, 2010. Speakers included Prof. John Yoo of Boalt Hall School of Law and author of Crisis and Command: A History of Executive Power from George Washington to George W. Bush; Congressman Bob Barr, former Congressman and 2008 Presidential Candidate of the Libertarian Party; and Gil Soffer of Katten Muchin Rosenman LLP and former Associate Deputy Attorney General as the moderator.

Will Trying Suspected Terrorists in Federal Court Advance the Interests of Justice and National Security? 1-27-10

2 Feb 2010 16:38:33 GMT

The Federalist Society's Fordham Student Chapter, New York Lawyers Chapter, and the International & National Security Law Practice Group presented this panel discussion on "Will Trying Suspected Terrorists in Federal Court Advance the Interests of Justice and National Security?" The event was held at Fordham University School of Law on January 27, 2010. Panelists included Mr. James J. Benjamin Jr., of Akin, Gump, Strauss, Hauer & Feld LLP; Prof. Martin Flaherty of Fordham University School of Law; Prof. William K. Kelley of the University of Notre Dame Law School; Mr. Vincent Vitkowsky of Edwards, Angell, Palmer, & Dodge LLP; and Prof. Andrew Kent of Fordham University School of Law as the moderator.

The War on Terror: Where Are We Now? Where Do We Go from Here? 1-27-10

1 Feb 2010 16:17:23 GMT

It has been a year since President Obama took office with a promise to close the detainee holding facility at Guantánamo Bay, Cuba. In the wake of decisions to try Khalid Sheikh Mohammad, Umar Farouk Abdulmutallab, and other terrorist detainees in civilian courts, this is an opportune time to assess our progress in the War on Terror. Panelists will discuss what has transpired, what has gone wrong, what has gone right, and what we should expect next. Topics will include detention, surveillance, interrogation, trials, and more. Panelists include Mr. Steven A. Engel of Dechert LLP; Hon. Neal K. Katyal, Principal Deputy Solicitor General for the U.S. Department of Justice; Mr. David B. Rivkin, Jr., Partner at Baker & Hostetler LLP and Co-Chairman for the Center for Law and Counterterrorism; Prof. Stephen I. Vladeck of American University Washington College of Law; and Prof. Neomi Rao of George Mason University School of Law as the moderator. This event was co-sponsored by The Center for Law and Counterterrorism (A Joint Project of the Foundation for Defense of Democracies and the National Review Institute).

Young Legal Scholars Paper Presentations 1-8-10

28 Jan 2010 19:01:18 GMT

On January 8, 2010, at the 12th Annual Faculty Conference in New Orleans, the Federalist Society provided an opportunity for legal scholars to give presentations on papers they had recently authored followed by commentary by Prof. Richard Epstein of the University of Chicago Law School and New York University Law School. Papers included "Cooperation's Cost" by Prof. Miriam Baer of Brooklyn Law School; "Negotiating in the Shadow of ‘Bad Faith’ Refusal to Settle: A Game Theory Model of Medical Malpractice Pre-Trial Settlements and Insurance Limits" by Mr. Theodore Frank of the Center for Class Action Fairness & Marie Gryphon of the Manhattan Institute Center for Legal Policy; "When the Supreme Court is not Supreme" by Prof. Jason Mazzone of Brooklyn Law School; "Reconsidering Murdock: The Supreme Court’s Power to Reverse a State Supreme Court Solely on State-Law Grounds" by Prof. Jonathan Mitchell of George Mason University School of Law; and "Three Concepts of Dignity" by Prof. Neomi Rao of George Mason University School of Law. Prof. Nita Farahany of Vanderbilt University Law School moderated.

Constitutional and Prudential Limits on the Treaty Power: Federalism, Delegation, or Some Other Principle? 1-8-10

Duncan Hollis, John O. McGinnis, David L. Sloss, Julian Ku — 28 Jan 2010 18:48:22 GMT

This panel discussion took place on January 8, 2010, at the Federalist Society's 12th Annual Faculty Conference in New Orleans. Panelists included Prof. Duncan Hollis of Temple University Beasley School of Law; Prof. John McGinnis of Northwestern University Law School; Prof. David Sloss of Santa Clara University Law School; and Prof. Julian Ku of Hofstra University School of Law as the moderator.

Constitutional Interpretation vs. Constitutional Construction 1-8-10

Randy E. Barnett, Michael B. Rappaport, Lee Strang — 28 Jan 2010 18:41:31 GMT

This debate took place on January 8, 2010, at the Federalist Society's 12th Annual Faculty Conference in New Orleans. Panelists included Prof. Randy Barnett of Georgetown University Law Center; Prof. Michael Rappaport of the University of San Diego School of Law; and Prof. Lee Strang ofthe University of Toledo College of Law as the moderator.

Bankrupty or Bailout? 1-8-10

Barry Adler, Timothy Canova, Garett Jones, Michael E. Levine, Larry Ribstein — 28 Jan 2010 18:37:29 GMT

This panel discussion took place on January 8, 2010, at the Federalist Society's 12th Annual Faculty Conference in New Orleans. Panelists included Prof. Barry Adler of New York University School of Law; Prof. Timothy Canova of Chapman University School of Law; Prof. Garett Jones of the Mercatus Center at George Mason University; Prof. Michael E. Levine of New York University School of Law; and Prof. Larry Ribstein of the University of Illinois College of Law as the moderator.

The Google Books Settlement 12-14-09

info@fed-soc.org — 4 Jan 2010 20:32:23 GMT

The New York City Lawyers Chapter hosted this event on December 14, 2009, at the Cornell Club in New York City. Speakers include Prof. Richard A. Epstein, James Parker Hall Distinguished Service Professor of Law at the University of Chicago Law School and Visiting Professor of Law at New York University Law School; Mr. Jonathan M. Jacobson, Partner at Wilson Sonsini Goodrich & Rosati; and Prof. Scott Hemphill, Associate Professor of Law and Milton Handler Fellow at Columbia Law School.

Is Google Monopolizing Something, and If So, What? 12-7-09

info@fed-soc.org — 7 Dec 2009 23:28:44 GMT

Last June, Christine Varney, then a lawyer in private practice, now President Obama's nominee to be the next Assistant Attorney General for Antitrust, warned that Google, not Microsoft, is the monopolist of the future. "For me, Microsoft is so last century. They are not the problem," Varney said at a June 19 panel discussion sponsored by the American Antitrust Institute. The U.S. economy will "continually see a problem -- potentially with Google" because it already "has acquired a monopoly in Internet online advertising." Concerns of this nature ultimately led Tom Barnett, the last Assistant Attorney General for Antitrust, to threaten a Sherman Act monopolization lawsuit if Google went through with plans to buy Yahoo. Google, on the other hand, contends that the concerns are completely misplaced. "The nature of the Internet is just a fundamentally different world from the sale of packaged software or the bundling of software with OEMs (original equipment manufacturers)," according to Kent Walker, Google’s General Counsel. "The standard line we have is that competition is just one click away." Panelists include Mr. Scott Cleland, President of Precursor LLC and Chairman of NetCompetition.org; Ms. Susan Creighton, Partner at Wilson Sonsini Goodrich & Rosati, PC; Prof. Geoffrey Manne, Founder and Executive Director of the International Center for Law & Economics and Lecturer in Law at Lewis & Clark Law School; Mr. Rick Rule, Partner at Cadwalader, Wickersham & Taft LLP; and Mr. Montgomery N. Kosma, Vice President of Legal Services Outsourcing at CPA Global as the moderator.

Broadband Policy -- One Year In 11-14-09

info@fed-soc.org — 3 Dec 2009 19:55:03 GMT

The Federalist Society's Telecommunications Practice Group hosted this panel discussion on Telecommunications: Broadband Policy -- One Year In at the 2009 National Lawyers Convention on Saturday, November 14, 2009. Panelists included Prof. Marvin Ammori of the University of Nebraska-Lincoln College of Law; Hon. David M. McIntosh, Partner at Mayer Brown Row & Maw, LLP; Hon. Kyle E. McSlarrow, President & CEO of the National Cable & Telecommunications Association; Prof. Gigi B. Sohn, President and Founder of Public Knowledge; and Judge Jennifer W. Elrod of the U.S. Court of Appeals for the Fifth Circuit as the moderator. The Honorable Robert M. McDowell, Commissioner for the Federal Communications Commission, opened the panel with remarks.

Breakdown of the Public-Private Distinction: Implications for the Administrative State 11-14-09

info@fed-soc.org — 3 Dec 2009 19:53:41 GMT

The Federalist Society's Administrative Law & Regulation Practice Group hosted this panel discussion on the Breakdown of the Public-Private Distinction: Implications for the Administrative State at the 2009 National Lawyers Convention on Saturday, November 14, 2009. Panelists included Mr. David Berenbaum, Executive Vice President of the National Community Reinvestment Coalition; Mr. David G. Leitch, Group Vice President and General Counsel for Ford Motor Company; Prof. J.W. Verret, Assistant Professor of Law at George Mason University School of Law; Prof. David Zaring, Assistant Professor of Legal Studies and Business Ethics at The Wharton School at the University of Pennsylvania; and Hon. Ronald A. Cass, President of Cass & Associates, PC, as the moderator.

Delaware's New Competition: The Creeping Federalization of American Corporate Law 11-14-09

info@fed-soc.org — 3 Dec 2009 16:06:56 GMT

The Federalist Society's Corporations, Securities, & Antitrust Practice Group hosted this panel discussion on Delaware's New Competition: The Creeping Federalization of American Corporate Law at the 2009 National Lawyers Convention on Saturday, November 14, 2009. Panelists included Prof. Stephen M. Bainbridge of the University of California, Los Angeles, School of Law; Mr. Cornish F. Hitchcock of the Hitchcock Law Firm PLLC; Mr. David A. Katz, Partner at Wachtell, Lipton, Rosen & Katz; Prof. Roberta Romano, Director of the Yale Law School Center for the Study of Corporate Law; and Judge Thomas M. Hardiman of the U.S. Court of Appeals for the Third Circuit as the moderator.

Religious Liberty and the Limits of Government Power 11-13-09

info@fed-soc.org — 3 Dec 2009 01:53:07 GMT

The Federalist Society's Religious Liberties Practice Group hosted this panel discussion on Religious Liberty and the Limits of Government Power at the 2009 National Lawyers Convention on Friday, November 13, 2009. Panelists included Prof. Alan E. Brownstein, Boochever and Bird Chair for the Study and Teaching of Freedom and Equality at the University of California, Davis, School of Law; Prof. Ira C. "Chip" Lupu, F. Elwood and Eleanor Davis Professor of Law at The George Washington University Law School; Hon. Michael W. McConnell, Richard and Frances Mallery Professor of Law and Director of the Stanford Constitutional Law Center at Stanford Law School; and Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit as the moderator.

The Fairness Doctrine 11-13-09

info@fed-soc.org — 2 Dec 2009 19:18:44 GMT

The Federalist Society's Free Speech & Election Law Practice Group hosted this panel discussion on The Fairness Doctrine at the 2009 National Lawyers Convention on Friday, November 13, 2009. Panelists included Prof. Thomas W. Hazlett, Professor of Law & Economics at George Mason University; Mr. Seton Motley, Communications Director for Media Research Center; Prof. Jamin Ben Raskin, Director of the Law and Government Program at American University Washington College of Law; and Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit as the moderator.

International Law: Agreements Between Sovereigns or World Government? 11-13-09

info@fed-soc.org — 2 Dec 2009 19:16:40 GMT

The Federalist Society's International & National Security Law Practice Group hosted this panel discussion on International Law: Agreements Between Sovereigns or World Government? at the 2009 National Lawyers Convention on Friday, November 13, 2009. Panelists included Mr. François-Henri Briard, Supreme Court Attorney (France) for Delaporte, Briard & Trichet; Prof. Oona A. Hathaway of Yale Law School; Hon. Brian H. Hook, former Assistant U.S. Secretary of State for International Organization Affairs; Prof. Jeremy A. Rabkin of George Mason University School of Law; Ms. Laura M. Olson, Senior Counsel for The Constitution Project; and Mr. Bret Stephens, Deputy Editorial Page Editor and Foreign Affairs Columnist for The Wall Street Journal.

Wall Street, Labor Unions, and the Obama Administration: A New Paradigm for Capital and Labor? 11-13-09

info@fed-soc.org — 2 Dec 2009 19:16:39 GMT

The Federalist Society's Labor & Employment Law Practice Group hosted this panel discussion on Wall Street, Labor Unions, and the Obama Administration: A New Paradigm for Capital and Labor? at the 2009 National Lawyers Convention on Friday, November 13, 2009. Panelists included Mr. Harold Meyerson, Editor-at-Large for the The American Prospect; Ms. Amity Shlaes, Senior Fellow for Economic History at the Council on Foreign Relations; Mr. Damon A. Silvers, Associate General Counsel for the American Federation of Labor-Congress of Industrial Organizations; Prof. Todd J. Zywicki of George Mason University School of Law; and Hon. Steven J. Law, Chief Legal Officer and General Counsel for the U.S. Chamber, of Commerce as the modeator.

9th Annual Barbara K. Olson Memorial Lecture 11-13-09

info@fed-soc.org — 3 Dec 2009 19:56:33 GMT

On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara Olson was murdered in the terrorist attacks against the United States as a passenger on the hijacked American Airlines flight that was flown into the Pentagon. The Federalist Society established this annual lecture in Barbara's memory because of her enormous contributions as an active member, supporter, and volunteer leader. Solicitor General Theodore B. Olson delivered the first lecture in November 2001. The lecture series continued in following years with other notable individuals. In 2009, Judge Douglas H. Ginsburg of the Court of Appeals for the D.C. Circuit delivered the lecture.

Re-Privatization of the Financial Sector 11-13-09

info@fed-soc.org — 30 Nov 2009 23:30:00 GMT

The Federalist Society's Financial Services Practice Group hosted this panel discussion on Re-Privatization of the Financial Sector at the 2009 National Lawyers Convention on Friday, November 13, 2009. Panelists included Mr. John A. Allison, Chairman of the BB&T Corporation; Prof. William Black, Associate Professor of Economics and Law at the University of Missouri-Kansas City School of Law; Mr. Alex J. Pollock, Resident Fellow at the American Enterprise Institute; Mr. Andrew J. Redleaf, Founding Partner and Chief Executive Officer for Whitebox Advisors LLP; and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.

Federalism and the Economic Crisis 11-12-09

info@fed-soc.org — 25 Nov 2009 06:46:32 GMT

The Federalist Society's Federalism & Separation of Powers Practice Group hosted this panel discussion on Federalism and the Economic Crisis at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists included Dean John C. Eastman of Chapman University School of Law; Prof. Malcolm M. Feeley of the University of California, Berkeley School of Law, Boalt Hall; Prof. Roderick M. Hills of New York University School of Law; Prof. Ilya Somin of George Mason University School of Law; and Judge Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit as the moderator.

Affirmative Action in the Obama Era 11-12-09

info@fed-soc.org — 25 Nov 2009 06:45:59 GMT

The Federalist Society's Civil Rights Practice Group hosted this panel discussion on Affirmative Action in the Obama Era at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists included Ms. Shirley J. Wilcher, Executive Director of the American Association for Affirmative Action; Prof. Theodore M. Shaw, Professor of Professional Practice at Columbia University School of Law; Ms. Linda L. Chavez, Chairman of the Center for Equal Opportunity; Hon. Peter N. Kirsanow, Commissioner on the U.S. Commission on Civil Rights; and Judge Carlos T. Bea of the U.S. Court of Appeals for the Ninth Circuit as the moderator.

The Role of Government Attorneys and the Global War on Terror 11-12-09

info@fed-soc.org — 24 Nov 2009 16:17:11 GMT

The Federalist Society's Professional Responsibility Practice Group hosted this panel discussion on The Role of Government Attorneys and the Global War on Terror at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists included Mr. Miguel A. Estrada of Gibson, Dunn & Crutcher, LLP; Prof. W. Bradley Wendel of Cornell University Law School; and Judge Diane S. Sykes of the U.S. Court of Appeals for the Seventh Circuit.

The Future of Cost-Benefit Analysis in Environmental Policy 11-12-09

info@fed-soc.org — 24 Nov 2009 16:15:34 GMT

The Federalist Society's Environmental Law & Property Rights Practice Group hosted this panel discussion on The Future of Cost-Benefit Analysis in Environmental Policy at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists included Hon. Susan E. Dudley, Director of The George Washington University Regulatory Studies Center; Mr. Michael A. Livermore, Executive Director of the Institute for Policy Integrity at the New York University School of Law; Mr. Daryl L. Joseffer of King & Spalding; and Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit.

Drug Enforcement Policy 11-12-09

info@fed-soc.org — 24 Nov 2009 16:13:28 GMT

The Federalist Society's Criminal Law Practice Group hosted this panel discussion on Drug Enforcement Policy at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists included Prof. John S. Baker Jr., of the Louisiana State University Law Center; Prof. Mariano-Florentino "Tino" Cuéllar, Special Assistant to the President for Justice and Regulatory Policy for the White House Domestic Policy Council; Mr. Aryeh Neier, President of the Open Society Institute; Hon. John P. Walters, Executive Vice President of the Hudson Institute; and Justice Robert P. Young, Jr., of the Michigan Supreme Court as the moderator.

The Future of Federal Pre-Emption 11-12-09

info@fed-soc.org — 23 Nov 2009 23:08:14 GMT

The Federalist Society's Litigation Practice Group hosted this panel discussion on The Future of Federal Pre-Emption at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists Dr. Michael S. Greve of the American Enterprise Institute; Prof. Alan B. Morrison of The George Washington University Law School; Prof. Catherine M. Sharkey of New York University School of Law; Hon. Daniel E. Troy, Senior Vice President and General Counsel of GlaxoSmithKline; and Judge William H. Pryor Jr., of the U.S. Court of Appeals for the Eleventh Circuit.

Intellectual Property and Economic Growth 11-12-09

info@fed-soc.org — 23 Nov 2009 21:02:29 GMT

The Federalist Society's Intellectual Property Practice Group hosted this panel discussion on Intellectual Property and Economic Growth at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists included Prof. Richard A. Epstein of the University of Chicago Law School and New York University Law School; Prof. F. Scott Kieff of The George Washington University Law School; Prof. Michael J. Meurer of Boston University School of Law; Mr. Daniel B. Ravicher, President and Executive Director of the Public Patent Foundation; and Prof. Mark F. Schultz of Southern Illinois University School of Law as the moderator.

Showcase Panel IV: Control of the Bureaucracy 11-14-09

info@fed-soc.org — 23 Nov 2009 20:59:30 GMT

The Federalist Society presented this panel discussion on Control of the Bureaucracy at the 2009 National Lawyers Convention on Friday, November 14, 2009. Panelists included Prof. Geoffrey P. Miller of the Center for the Study of Central Banks and Financial Institutions at New York University School of Law; Hon. Harvey L. Pitt of Kalorama Partners, LLC; Hon. Steven Wallman of Foliofn; and Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit as the moderator.

Annual Rosenkranz Debate: Statutory Interpretation 11-14-09

info@fed-soc.org — 20 Nov 2009 23:12:39 GMT

The Annual Rosenkranz Debate was held on November 14, 2009, during The Federalist Society's 2009 National Lawyers Convention. This debate featured Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit; Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit; and Prof. John F. Manning of Harvard Law School as the moderator. Introduction by Eugene B. Meyer, President of the Federalist Society. RESOLVED: The United States Constitution Requires Federal Courts to Interpret Statutes as Honest Agents of the Enacting Congress.

Address by Mark Levin 11-14-09

info@fed-soc.org — 20 Nov 2009 20:45:46 GMT

Mark Levin, President of the Legal Landmark Foundation and author of Liberty and Tyranny: A Conservative Manifesto, closed the 2009 National Lawyers Convention with this address on Saturday, November 14, 2009. Introduction by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.

Showcase Panel III: Regulation of Financial Institutions 11-14-09

info@fed-soc.org — 20 Nov 2009 17:52:11 GMT

The Federalist Society presented this panel discussion on Redistribution of Wealth at the 2009 National Lawyers Convention on Friday, November 13, 2009. Panelists included Hon. Paul S. Atkins of the Congressional Oversight Panel and former U.S. SEC Commissioner; Ms. Stephanie R. Breslow of Schulte, Roth & Zabel LLP; Dean Paul G. Mahoney of the University of Virginia School of Law; Hon. Annette L. Nazareth of Davis Polk & Wardwell LLP; and Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit.

Showcase Panel II: Bailouts and the Government as Insurer of Last Resort 11-13-09

info@fed-soc.org — 20 Nov 2009 17:50:42 GMT

The Federalist Society presented this panel discussion on Redistribution of Wealth at the 2009 National Lawyers Convention on Friday, November 13, 2009. Panelists included Hon. C. Boyden Gray of Gray & Schmitz LLP and former U.S. Ambassador to the European Union; Mr. Maurice R. Greenberg, Chairman and Chief Executive Officer of C.V. Starr & Co., Inc.; Dr. Robert D. McTeer of the National Center for Policy Analysis; Hon. Steven Wallman, Chief Executive Officer of Foliofn; and Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit as the moderator.

Constitutional Interpretation & the Bill of Rights 11-13-09

info@fed-soc.org — 18 Nov 2009 19:27:17 GMT

The Federalist Society presented this presentation and commentary on Constitutional Interpretation & the Bill of Rights at the 2009 National Lawyers Convention on Friday, November 13, 2009. Panelists included Prof. Burt Neuborne of the Brennan Center for Justice at the New York University School of Law; Prof. Randy E. Barnett of the Georgetown University Law Center; and Judge Diarmuid F. O'Scannlain of the U.S. Court of Appeals for the Ninth Circuit as the moderator.

Showcase Panel I: Redistribution of Wealth 11-12-09

info@fed-soc.org — 18 Nov 2009 15:55:12 GMT

The Federalist Society presented this panel discussion on Redistribution of Wealth at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists included Prof. Richard A. Epstein of New York University Law School; Mr. Steve Forbes, Chairman and CEO of Forbes Inc. and Editor of Forbes Magazine; Prof. Jed Rubenfeld of Yale Law School; Mr. Andrew L. Stern, President of the Service Employees International Union; and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit as the moderator.

Opening Address by Senator Jeff Sessions 11-12-09

info@fed-soc.org — 18 Nov 2009 15:52:00 GMT

United States Senator Jeff Sessions opened the 2009 National Lawyers Convention with this address on Thursday, November 12, 2009. Introduction by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.

Address by Michael B. Mukasey - 11-13-09

info@fed-soc.org — 14 Nov 2009 15:22:50 GMT

Former United States Attorney General Michael B. Mukasey delivered this address at the 2009 National Lawyers Convention on Friday, November 13, 2009. Introduction by Mr. Gerald Walpin, former Inspector General of the Corporation for National and Community Service.

The Unbearable Wrongness of Roe v. Wade 3-5-09

info@fed-soc.org — 29 Oct 2009 20:29:01 GMT

The Fordham Student Chapter co-hosted this event on March 5, 2009 with the Catholic Law Students Association. Professor Michael Stokes Paulsen of the University of St. Thomas School of Law delivered an address on "The Unbearable Wrongness of Roe v. Wade." Dean William Treanor of Fordham University School of Law gave the introduction.

DC v. Heller and the Future of Gun Control Legislation 1-22-09

info@fed-soc.org — 28 Oct 2009 21:10:17 GMT

The Fordham Student Chapter co-hosted this event on January 22, 2009 with the American Constitution Society and the Fordham Law School Republicans. Speakers include Alan Gura of Gura & Possessky, PLLC; Dean William Michael Treanor of Fordham Law; and Professor Nicholas Johnson of Fordham Law as the moderator.

Fighting Judicial Activism in Washington featuring John Cornyn 10-16-09

info@fed-soc.org — 21 Oct 2009 20:43:15 GMT

On October 16, 2009, Senator John Cornyn delivered an address before the Dallas Lawyers Chapter on Fighting Judicial Activism in Washington. Dan Morenoff, President of the Dallas Lawyers Chapter, introduced the Senator.

Supreme Court October Term 2009: What Is In Store? 10-1-09

info@fed-soc.org — 2 Oct 2009 20:11:53 GMT

October 5th marks the first day of the 2009 Supreme Court term. Thus far the Court's docket includes major cases concerning the First Amendment, the separation of powers, civil procedure, criminal law, intellectual property, mutual fund advisers' fees, takings, and more. Notable cases include Free Enterprise Fund v. Public Company Accounting Oversight Board, which concerns whether a major provision of the Sarbanes-Oxley Act is consistent with the principle of separation of powers; Graham v. Florida, which concerns the constitutionality of life without parole for juvenile criminals; United States v. Stevens, which concerns the constitutionality of a federal law criminalizing certain videos and other depictions of animal cruelty; and Jones v. Harris, which asks whether a shareholder may challenge a mutual fund investment adviser's fee as excessive under the Investment Company Act of 1940. The Court is also sure to add other significant cases when it meets for its opening conference on September 29. In addition to discussing these cases and others, the panelists will discuss Citizens United v. FEC, the case from last term involving the constitutionality of McCain-Feingold that was re-argued on September 9. Finally, the panelists will discuss the general direction of the Court, including the effect of the departure of Justice Souter and the addition of Justice Sotomayor. Featuring: Hon. Walter E. Dellinger III, of O’Melveny & Myers; Prof. Orin S. Kerr of The George Washington University Law School; Ms. Cleta Mitchell of Foley & Lardner; Prof. Nicholas Quinn Rosenkranz of the Georgetown University Law Center; Mr. Gene C. Schaerr of Winston & Strawn; and Mr. Robert Barnes of The Washington Post as the moderator.

2009 Annual Supreme Court Round Up 7-10-09

info@fed-soc.org — 16 Jul 2009 17:55:24 GMT

On July 10, 2009, former United States Solicitor General Theodore B. Olson delivered the Annual Supreme Court Round Up at The Capital Hilton in Washington, DC. Douglas Cox of Gibson, Dunn & Crutcher gave the introduction.

Voting Rights--and Wrongs: The Elusive Quest for Racially Fair Elections 6-11-09

info@fed-soc.org — 14 Jul 2009 14:52:39 GMT

Has the 1965 Voting Rights Act, the crown jewel of American civil rights legislation, become a period piece that today serves to keep most black legislators clustered on the sidelines of American politics-precisely the opposite of what its framers intended? Abigail Thernstrom, vice-chair of the U.S. Commission on Civil Rights, answers this question and more in her provocative new book, Voting Rights--and Wrongs: The Elusive Quest for Racially Fair Elections (AEI Press, June 2009)-a legal and political analysis of the forty-year history of the Voting Rights Act. ---- The act's original aim was simple: to give African Americans the same political opportunity enjoyed by other citizens-the chance to vote, form political coalitions, and elect the candidates of their choice. But southern resistance to black political power prompted a process of radical revisions to the act in order to ensure the election of blacks and Hispanics. Proportional racial representation-equality of results rather than mere equal opportunity-became the goal. Today, majority-minority districts do reserve seats for blacks and Hispanics and have succeeded in integrating southern politics-but at a cost. Those "max-black" districts discourage the development of centrist, "postracial" candidates like Barack Obama (who was defeated when he stood for Congress in one such district). Such race-conscious districting typically elects candidates to the left of most voters who are rarely able to run in majority-white settings. In fact, they perversely limit the potential power of black officeholders. ---- At this discussion of Voting Rights--and Wrongs, Thernstrom will be joined by Michael A. Carvin, a distinguished voting rights attorney, and New York University School of Law professor Richard H. Pildes, one of the nation's leading voting rights scholars. Henry Olsen, Director of the National Research Initiative at the American Enterprise Institute, moderated this event. ---- The American Enterprise Institute co-sponsored this event.

Shakespeare and the Law: Othello and Racial Politics in America - Part 2 - 5-4-09

info@fed-soc.org — 2 Jun 2009 20:25:25 GMT

The event, held on May 4, 2009, is the ninth in the series "Shakespeare and the Law," produced by the Boston Lawyers Chapter of the Federalist Society, in conjunction with Commonwealth Shakespeare Company. The event is directed by CSC's Artistic Director Steven Maler and produced by McCarter & English partner Daniel J. Kelly. The Massachusetts Bar Association and McCarter & English, LLP serve as a co-sponsors of the event. Part 1 of this event features prominent judges, public officials and members of the bar performing a staged reading of an abridged version of a Shakespeare work. Part 2 features a discussion of the legal and political issues addressed in the play and their application to today's headlines. The host and moderator for this year's Shakespeare and the Law event is Ralph F. Boyd, Jr, Chairman and CEO of the Freddie Mac Foundation and former head of the U.S. Department of Justice's Civil Rights Division. For a full listing of cast and panelists, please visit http://www.fed-soc.org/publications/pubid.1457/pub_detail.asp.

Shakespeare and the Law: Othello and Racial Politics in America - Part 1 - 5-4-09

info@fed-soc.org — 2 Jun 2009 20:15:14 GMT

Address by Kenneth L. Wainstein 5-28-09

info@fed-soc.org — 29 May 2009 18:15:54 GMT

The Federalist Society's International & National Security Law Practice Group and the Heritage Foundation co-hosted this event at the Capital Visitor Center on May 28, 2009. These closing remarks were part of a conference on Counterterrorism and the Obama Administration. The address was given by The Hon. Kenneth L. Wainstein of O'Melveny & Myers LLP and former Assistant U.S. Attorney General for National Security. Introduction by Charles D. "Cully" Stimson, Senior Legal Fellow at the Center for Legal and Judicial Studies at The Heritage Foundation and former Deputy Assistant U.S. Secretary of Defense (Detainee Affairs).

Preventing Attacks through Surveillance and Intelligence 5-28-09

info@fed-soc.org — 29 May 2009 18:11:55 GMT

The Federalist Society's International & National Security Law Practice Group and the Heritage Foundation co-hosted this event at the Capital Visitor Center on May 28, 2009. This event was part of a conference on Counterterrorism and the Obama Administration. Speakers included Mike German, Policy Counsel for the American Civil Liberties Union; Kate Martin, Director of the Center for National Security Studies; Prof. Nathan A. Sales, Assistant Professor of Law at George Mason University School of Law and former Deputy Assistant Secretary of the U.S. Department of Homeland Security; and The Hon. George J. Terwilliger III of White & Case LLP and former Deputy U.S. Attorney General. Moderating the panel was Stewart A. Baker of Steptoe & Johnson LLP and former Assistant Secretary for Policy at the U.S. Department of Homeland Security. Introduction by Vincent J. Vitkowsky of Edwards Angell Palmer & Dodge LLP.

Preventing Attacks through Interrogation and Transfer of Terrorist Suspects 5-28-09

info@fed-soc.org — 29 May 2009 17:27:06 GMT

The Federalist Society's International & National Security Law Practice Group and the Heritage Foundation co-hosted this event at the Capital Visitor Center on May 28, 2009. This event was part of a conference on Counterterrorism and the Obama Administration. Speakers included Deborah Pearlstein, Associate Research Scholar at the Woodrow Wilson School of Public and International Affairs at Princeton University; Gabor Rona, Acting Director of Law and Security and International Legal Director of Human Rights First; The Hon. Edwin D. Williamson of Sullivan & Cromwell LLP and former Legal Adviser of the U.S. Department of State; and Benjamin Wittes, Senior Fellow of Governance Studies at the Brookings Institution. Moderating the panel was William Kristol, Founder and Editor of the The Weekly Standard. Dean Reuter, Director of Practice Groups at The Federalist Society introduced the panel.

Detention and Trial of Terrorist Suspects 5-28-09

info@fed-soc.org — 29 May 2009 17:21:09 GMT

The Federalist Society's International & National Security Law Practice Group and the Heritage Foundation co-hosted this event at the Capital Visitor Center on May 28, 2009. This event was part of a conference on Counterterrorism and the Obama Administration. Speakers included Jonathan Hafetz of the American Civil Liberties Union; Elisa Massimino, Chief Executive Officer and Executive Director of Human Rights First; Andrew C. McCarthy, Senior Fellow at the National Review Institute; David B. Rivkin, Jr., Partner at Baker & Hostetler LLP; and Charles D. "Cully" Stimson, Senior Legal Fellow at the Center for Legal and Judicial Studies at The Heritage Foundation and former Deputy Assistant U.S. Secretary of Defense (Detainee Affairs). Moderating the panel was The Hon. Edwin Meese, III, Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies at The Heritage Foundation. Vincent J. Vitkowsky, Partner at Edwards Angell Palmer & Dodge LLP, introduced the panel.

Federalism v. Anti-Federalism in the American Founding 2-17-09

info@fed-soc.org — 27 May 2009 23:34:17 GMT

The Ave Maria School of Law Student Chapter hosted this debate on February 17, 2009. Speakers included Dr. Mickey Craig of Hillsdale College; Professor Patrick Gillen of Ave Maria School of Law; and Steve Klein, President of the Ave Maria Student Chapter, as the moderator.

Politics in the Pulpit 5-20-09

info@fed-soc.org — 22 May 2009 21:12:43 GMT

In 1954, Senator Lyndon B. Johnson of Texas introduced legislative language that changed the IRS code, prohibiting non-profits and churches from endorsing or opposing political candidates. Critics of the Johnson Amendment assert that this provision in the code -- Section 501(c)(3) -- violates the First Amendment’s Free Exercise Clause, while supporters contend the Johnson Amendment preserves the First Amendment’s Establishment Clause. -- Our panel will examine the application of the Johnson Amendment to religious ministers in their preaching duties during worship services. Does the Johnson Amendment constrain clergy from effectively imparting messages integral to their faith, or is it an appropriate safeguard to ensure that churches and government limit their respective activities? -- Panelists include Benjamin W. Bull of the Alliance Defense Fund; Professor Douglas Laycock of The University of Michigan Law School; Rev. Barry W. Lynn of Americans United for Separation of Church and State; Professor Donald B. Tobin of The Ohio State University, Michael E. Moritz College of Law; and Steffen N. Johnson of Winston & Strawn LLP as the moderator. Introduction by Erik Stanley of the Alliance Defense Fund.

The Financial Crisis: Failure of Capitalism or Failure of Government Policy? 4-27-09

info@fed-soc.org — 20 May 2009 19:47:43 GMT

The New York City Lawyers Chapter held this event on April 27, 2009. Speakers included Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and author of A Failure of Capitalism: The Crisis of '08 and the Descent into Depression; Peter J. Wallison, Arthur F. Burns Fellow in Financial Policy Studies at the American Enterprise Institute and Former General Counsel of the U.S. Treasury Department; and Liz MacDonald, FOX Business Network Stocks Editor, as the moderator.

Civil Rights in the Age of Obama 5-13-09

info@fed-soc.org — 18 May 2009 20:38:07 GMT

Some of President Obama’s admirers and detractors have suggested that his election as President and the Democratic majorities in Congress may usher in a new civil rights era. Whether that is so, what policies this new era might usher in, and whether those policies are wise, are all subject to a healthy and exciting debate. Congress has already passed the Lilly Ledbetter Fair Pay Act and is considering several more significant bills that concern race and gender–the Native Hawaiian Government Reorganization Act, the Local Law Enforcement Hate Crimes Prevention Act, the Fair Pay Act and the Paycheck Fairness Act. More will likely be proposed this session. What effect should policymakers give to the President’s campaign promise to move "beyond race?" What does the election of Barack Obama and the strong showing of Hillary Clinton mean for race- and gender-conscious measures to ensure equality are not necessary or justified? Do the new majorities in Congress suggest that the American people want such measures to be extended and expanded to new classes of people? What will the Supreme Court have to say about all this? Several potentially landmark cases are awaiting decision by the Supreme Court. The holdings of these cases, and how the political branches respond to them, are yet another hot topic for debate. Speakers include Mr. Roger Clegg, President and General Counsel for the Center for Equal Opportunity; Prof. Gail Heriot of the University of San Diego School of Law and Commissioner on the U.S. Commission on Civil Rights; Ms. Jocelyn Samuels, Vice President for Education and Employment at the National Women's Law Center; Prof. Theodore M. Shaw of Columbia Law School and Former Director-Counsel and President at the NAACP Legal Defense and Educational Fund, Inc.; and Mr. Todd Gaziano, Senior Legal Fellow at The Heritage Foundation and Comissioner on the U.S. Commission on Civil Rights as the moderator.

The Economic Crisis: Wall Street, Main Street, or K Street? 10-23-08

info@fed-soc.org — 30 Apr 2009 21:09:12 GMT

The Fordham Student Chapter held this event on October 23, 2008. Speakers include Prof. Richard Epstein of the University of Chicago School of Law and Prof. Steven Thel of Fordham University School of Law.

Conservation without Regulation: Property-Based Environmental Protection 3-19-09

info@fed-soc.org — 10 Apr 2009 22:47:32 GMT

The Cincinnati Student Chapter held this event on March 19, 2009. Speakers include Prof. Jonathan Adler of Case Western University School of Law and Prof. Joseph Tomain of the University of Cincinnati College of Law.

What Place Does Religion Have in the Public Square? 3-18-09

info@fed-soc.org — 10 Apr 2009 22:46:14 GMT

The George Mason Student Chapter held this event on March 18, 2009. Speakers included Dr. Jeremy Gunn of the American Civil Liberties Union and Mr. Jeff Shafer of the Alliance Defense Fund.

The Constitution and the Importance of Interpretation: Original Meaning 3-7-09

info@fed-soc.org — 7 Apr 2009 20:38:10 GMT

The Louisville Lawyers Chapter co-sponsored this event with The Alexander Hamilton Historical Society of Kentucky and the League of Women Voters of Kentucky on March 7, 2009. Speakers included Judge Michael McDonald of the Kentucky Court of Appeals (retired); John Bush, President of the Louisville Lawyers Chapter of the Federlist Society; David Friedman of the American Civil Liberties Union; Dr. M. Allison Martens, Associate Professor of Political Science at the University of Louisville; and Dr. Charles Ziegler, Former Chair of Political Science at the University of Louisville as the moderator.

Forum on Selection Methods for State Judges 3-17-09

info@fed-soc.org — 7 Apr 2009 15:26:21 GMT

The Dallas Lawyers Chapter held this event on March 17, 2009. Speakers included Chief Justice Wallace Jefferson of the Texas Supreme Court, Hon. Harold See of the Alabama Supreme Court (retired), and Mr. Dan Morenoff of K&L Gates and President of the Dallas Lawyers Chapter as the moderator.

Reprivatizing Credit Risk: Where Do We Go From Here? 3-19-09

info@fed-soc.org — 2 Apr 2009 17:21:54 GMT

After discussing the extent to which credit risk has been nationalized directly or indirectly through loans or credit guarantees provided by various federal agencies (Treasury, the Fed, the FDIC, the GSEs, etc.), the panel will discuss specific options for denationalizing credit risk through the termination of credit guarantees, the run-off of lending by Treasury and the Fed, the privatization or liquidation of Fannie and Freddie, and regulatory and statutory changes which could spur increased saving and the resumption of lending by private-sector financial intermediaries in a manner that is much less likely to lead to another financial crisis. --- Panelists include Representative Jeb Hensarling of the 5th District of Texas; Mr. David Berenbaum, Executive Vice President of the National Community Reinvestment Coalition; Mr. John C. Weicher, Director of the Center for Housing and Financial Markets at the Hudson Institute; Mr. Alex Pollock, Resident Fellow at the American Enterprise Institute; and Hon. Ronald A. Cass, President of Cass & Associates, PC as the moderator.

How Did We Get into the Mess We Are in Today? 3-19-09

info@fed-soc.org — 2 Apr 2009 17:16:18 GMT

Presentation by Bert Ely of a paper titled: "Bad Rules Produce Bad Outcomes: Underlying Public Policy Causes of the U.S. Financial Crisis." The paper first discusses those aspects of behavioral economics that relate to the financial crisis. The paper then discusses numerous public policy causes (eleven at last count) of the crisis and offers specific recommendations for ameliorating those causes. Ely asserts that causes include the Internal Revenue Code, which incents overleveraging and undersaving; banking regulation, specifically regulatory capital requirements; fair-value accounting; the First Amendment protection the credit-rating agencies enjoy; the role the housing GSEs play in mortgage finance; mispriced deposit insurance; the overpromotion of home ownership (including criticism of CRA); the residual effects of Glass-Steagall; monetary policy; the existence of OTC credit-default swaps where there is no insurable interest; and FDIC regulations which discourage the use of covered bonds to finance fixed-rate mortgages and other long-life financial assets. A panel of experts will respond to the presentation. --- Panelists include Mr. Bert Ely, President of Ely & Company; Mr. James H. Carr, Chief Operating Officer of the National Community Reinvestment Coalition; Prof. Timothy Canova, Associate Dean for Academic Affairs at Chapman University School of Law; Hon. Wayne Abernathy, Executive Vice President of Financial Institutions Policy and Regulatory Affairs at the American Bankers Association; and Mr. Craig L. Hymowitz of Blank Rome LLP as the moderator.

The Founders' Intent, Constitutional Provisions, and Limits on Spending Power and Delegation 3-19-09

info@fed-soc.org — 2 Apr 2009 17:10:42 GMT

Article I of the Constitution provides that the legislative powers granted by the Constitution are vested in the Congress. As a result, basic lawmaking policy decisions must be made by Congress and cannot be delegated either to an executive branch agency or to the private sector. There must be an "intelligible principle" in the legislation to guide the actions of those who would implement the law. But are there such restrictions on the power of the Treasury Secretary in deciding how to spend the bailout funds? --- Another less noted constitutional problem surrounds actions by the Federal Reserve to spend trillions of dollars off budget, as it were. The Fed’s quasi-governmental status is itself arguably an issue of some constitutional concern. Article I, section 8 of the Constitution specifies that Congress has the power to borrow money on the credit of the United States and to coin money and regulate the value thereof. And Article I, section 9 expressly provides that "No Money shall be drawn from the Treasury, but on Consequence of Appropriations made by law." Should the Fed be able to spend money backed by the full faith and credit of the United States, without an appropriation from Congress? --- Finally, there is the long-ignored requirement that Congress can spend tax revenues only for purposes of the "common defense" and "general welfare." While our common discourse today might view a massive bailout of the financial services industry (or of the automobile industry or the various states and cities) as serving the general welfare, did the founders have something distinctly different in mind when they chose that language, namely, to limit Congress’s spending power to matters of national welfare as opposed to regional or local welfare (or as opposed to the welfare of a particular sector of the economy)? --- These matters warrant much greater attention and deliberation than they received at the time, but it is never too late to consider the constitutionality of actions by the government. --- Panelists include Dr. John Eastman, Dean of Chapman University School of Law, Prof. Louis Michael Seidman, Carmack Waterhouse Professor of Constitutional Law at the Georgetown University Law Center, and Hon. Wayne Abernathy, Executive Vice President of Financial Institutions Policy and Regulatory Affairs at the American Bankers Association as the moderator.

Regulation by Litigation: Boon or Bane? 3-17-09

info@fed-soc.org — 20 Mar 2009 16:43:54 GMT

Federal regulators, state attorneys general and plaintiffs attorneys increasingly rely upon litigation to impose regulatory constraints on private businesses. Through such "regulation by litigation' government officials and private attorneys bypass traditional processes and reorient regulatory priorities. In a new book, Regulation by Litigation (Yale University Press), Andrew Morriss, Bruce Yandle, and Andrew Dorchak argue that such "regulation by litigation" is attractive to regulators and activists because it provides an inappropriate and undemocratic shortcut to imposing regulatory burdens on private firms, and needs to be curbed. Others argue that regulation by litigation is an important regulatory tool that can help control corporate abuses and encourage the adoption of needed consumer protections. Why is regulation by litigation on the rise? Is regulation by litigation a problem? And, if so, how can it be controlled? Join the authors and prominent legal commentators for an exploration of these and related questions. Speakers include Prof. Andrew P. Morriss of the University of Illinois, Urbana-Champaign, Prof. Bruce Yandle of Clemson University, Andrew Dorchak of Case Western Reserve University School of Law Library, Prof. David C. Vladeck of Georgetown University Law Center and formerly with Public Citizen Litigation Group, Roger Martella, Jr., of Sidley Austin LLP and former General Counsel for the Environmental Protection Agency, and Prof. Jonathan H. Adler of Case Western Reserve University School of Law as the moderator.

War Powers and the Executive 2-28-09

info@fed-soc.org — 18 Mar 2009 22:42:33 GMT

The Federalist Society's Student Division presented this panel at the 2009 Annual Student Symposium on February 28, 2009. Panelists included Hon. John R. Bolton, former U.S. Ambassador to the United Nations, Prof. Curtis A. Bradley of Duke University Law School, Prof. Michael Paulsen of University of St. Thomas Law School, Prof. Christopher Schroeder of Duke University Law School, and Judge Debra Ann Livingston of the U.S. Court of Appeals for the Second Circuit as the moderator.

The Administrative State and the Constitution 2-28-09

info@fed-soc.org — 18 Mar 2009 22:37:05 GMT

The Federalist Society's Student Division presented this panel at the 2009 Annual Student Symposium on February 28, 2009. Panelists included Prof. Cynthia R. Farina of Cornell Law School, Prof. John Harrison of University of Virginia School of Law, Prof. Gary S. Lawson of Boston University Law School, Prof. Thomas W. Merrill of Yale Law School, Prof. Peter M. Shane of Ohio State University’s Moritz College of Law, and Professor Jonathan R. Macey of Yale Law School as the moderator.

Confirmation Battles and Presidential Nominations 2-28-09

info@fed-soc.org — 18 Mar 2009 22:23:47 GMT

The Federalist Society's Student Division presented this panel at the 2009 Annual Student Symposium on February 28, 2009. Panelists included Ms. Nan Aron of the Alliance for Justice, Hon. Rachel Brand of WilmerHale and former Assistant Attorney General for Legal Policy, Prof. Stephen Carter of Yale Law School, Prof. John O. McGinnis of Northwestern University Law School, and Judge Sonia Sotomayor of the U.S. Court of Appeals for the Second Circuit as the moderator.

Is the Separation of Powers Principle Exportable? 2-27-09

info@fed-soc.org — 18 Mar 2009 22:14:38 GMT

The Federalist Society's Student Division presented this panel at the 2009 Annual Student Symposium on February 27, 2009. Opening remarks were delivered by Yale Law School Symposium Director Rebekah Perry and Dean Harold Hongju Koh of Yale Law School. Panelists included Prof. Steven G. Calabresi of Northwestern University Law School, Prof. Oona Hathaway of UC Berkeley School of Law, Prof. Juan Linz of Yale University Dept. of Political Science, Prof. Jide Nzelibe of Northwestern University Law School, and Judge José A. Cabranes of the U.S. Court of Appeals for the Second Circuit as the moderator.

The War on Terror: Litigation Update 2-24-09

info@fed-soc.org — 24 Feb 2009 22:48:19 GMT

Amidst numerous pending war-on-terror-related court cases, ranging from the upcoming Supreme Court's consideration of the case of Ali Saleh Kahlah al-Marri (Al-Marri v. Pucciarelli), to the case involving the Uighurs, to the various district court and courts of appeal cases, how the Obama Administration will handle these matters remains unclear. These cases implicate a full panoply of substantive and procedural issues: Does the laws of war paradigm apply to al Qaeda members like Mr. al-Marri, who were lawfully present in the United States at the time they were apprehended? What are the proper circumstances in which to invoke the state's secrets doctrine? What legal architecture will the United States use in the years ahead while prosecuting war against a resolute and difficult foe? While some changes to the Bush Administration's policies are probably inevitable, should the Obama Administration retain the key elements of the existing U.S. war-on-terror-related strategies? Will the new administration's policies remain grounded in the laws of war, or will they switch to a pre-September 11 law enforcement paradigm? These and other questions will be addressed by our panel of experts. Panelists include Mr. David B. Rivkin, Jr., Partner at Baker & Hostetler LLP, Mr. Charles "Cully" D. Stimson, Senior Legal Fellow at The Heritage Foundation's Center for Legal and Judicial Studies, and Hon. Edwin Meese, III, Chairman of The Heritage Foundation's Center for Legal and Judicial Studies, as the moderator.

A Conversation on Climate Change Policy: A Look Ahead at 2009 2-19-09

info@fed-soc.org — 24 Feb 2009 00:58:22 GMT

The Federalist Society and The Vanderbilt Climate Change Research Network present, "A Conversation on Climate Change Policy: A Look Ahead at 2009," with Professor Michael Vandenbergh, an advocate of comprehensive federal and international climate change regulation including a cap-and-trade system, and Professor Jonathan Adler, an advocate of a carbon tax system for addressing greenhouse gas emissions.

International Law and Indian Law 1-24-09

info@fed-soc.org — 13 Feb 2009 23:21:21 GMT

This panel discussion took place on January 24, 2009, at the Federalist Society's Third Annual Western Conference at The Ronald Reagan Presidential Library in Simi Valley, CA. Panelists included Walter Olson of the Manhattan Institute for Policy Research, Prof. Maimon Schwarzschild of the University of San Diego School of Law, and Judge Carlos Bea of the U.S. Court of Appeals for the Ninth Circuit.

Luncheon Address with Kenneth Starr 1-24-09

info@fed-soc.org — 13 Feb 2009 23:17:01 GMT

This luncheon address took place on January 24, 2009, at the Federalist Society's Third Annual Western Conference at The Ronald Reagan Presidential Library in Simi Valley, CA. The address was delivered by the Honorable Kenneth W. Starr, Dean of Pepperdine University Law School. Introduction by John Fund of the The Wall Street Journal.

How Comfortably Does Tribal Sovereignty Fit With American Democratic Ideals? 1-24-09

info@fed-soc.org — 13 Feb 2009 23:17:00 GMT

This panel discussion took place on January 24, 2009, at the Federalist Society's Third Annual Western Conference at The Ronald Reagan Presidential Library in Simi Valley, CA. Panelists included Prof. Carole Goldberg of UCLA School of Law, Dan Kolkey of Gibson, Dunn, & Crutcher LLP, Joe Matel, Legislative Counsel for the Senate Judiciary Committee, Hon. Tom Sansonetti of Holland & Hart LLP, Prof. Alexander Tallchief Skibine of University of Utah College of Law, and Judge Diarmuid O'Scannlain of the U.S. Court of Appeals for the Ninth Circuit as the moderator. Introduction by Eugene B. Meyer, President of the Federalist Society.

The Road Ahead for Climate Change Regulation 1-9-09

info@fed-soc.org — 6 Feb 2009 00:50:44 GMT

This panel discussion took place on January 9, 2009, at the Federalist Society's 11th Annual Faculty Conference in San Diego. Panelists included Prof. Jonathan Adler of Case Western Reserve University School of Law, Prof. Jason Johnston of the University of Pennsylvania School of Law, Prof. David Dana of Northwestern University School of Law, and Prof. Sean Hecht of UCLA.

When should FDA Regulation Preempt State Tort Liability? 1-9-09

info@fed-soc.org — 6 Feb 2009 00:49:37 GMT

This debate took place on January 9, 2009, at the Federalist Society's 11th Annual Faculty Conference in San Diego. Panelists included Prof. Richard Epstein of the University of Chicago School of Law, Prof. Roderick Hills of New York University School of Law, and Prof. John McGinnis of Northwestern University School of Law as the moderator.

Guantanamo Bay: The Problem of Judicial Review Post-Boumediene 1-9-09

info@fed-soc.org — 6 Feb 2009 00:48:31 GMT

This panel discussion took place on January 9, 2009, at the Federalist Society's 11th Annual Faculty Conference in San Diego. Panelists included Dean Erwin Chemerinsky of the University of California, Irvine School of Law, Prof. Michael Ramsey of the University of San Diego School of Law, Prof. Kyndra Rotunda of Chapman University School of Law, Prof. Stephen Vladeck of American University Washington College of Law, and Prof. Robert Chesney of Wake Forest University School of Law as the moderator.

Lessons of the Subprime Mortgage Crisis 1-8-09

info@fed-soc.org — 6 Feb 2009 00:43:27 GMT

This panel discussion took place on January 8, 2009, at the Federalist Society's 11th Annual Faculty Conference in San Diego. Panelists included Mr. Andrew Redleaf of Whitebox LLC, Prof. Thomas A. Smith of University of San Diego School of Law, Prof. Alan White of Valparaiso University, Prof. Lauren Willis of Loyola Law School, and Prof. Arthur Wilmarth of George Washington University Law School.