FedSoc Events

What is the proper role of state attorneys general and the courts in litigation in seeking to nullify federal law? Panelists will discuss the difference in approach between Texas during the Obama administration and other state's efforts during the Trump administration with a particular emphasis on the role of state AGs and the role of the courts in issuing nationwide injunctions. Are nationwide injunctions "legally and historically dubious," as Justice Thomas has described them?
Featuring:

Scott Keller, Baker Botts & Former Solicitor General, Texas
Prof. Michael Morley, Assistant Professor, Florida State University College of Law
Jordan Smith, Former Deputy Solicitor General of Nevada
Moderator: Hon. Allison Eid, U.S. Court of Appeals, 10th Circuit
Introduction and Welcome: Lisa Ezell, Vice President & Director, Lawyers Chapters, The Federalist Society

On February 7, 2019, The Federalist Society hosted a panel discussing the role of the bar in selecting Iowa's judges.
Tom Levis is the President of the Iowa State Bar Association, and serves as an elected member of the Judicial Election District 5C Judicial Nominating Commission. He is a shareholder at the Brick Gentry law firm in Des Moines and has been an active member and leader of the Polk County and Iowa State Bar Associations. Professor Brian Fitzpatrick is a national expert on judicial selection. Prior to joining the faculty of the Vanderbilt University Law School, he practiced at Sidley Austin in Washington, D.C., served as a Special Counsel for Supreme Court Nominations for Senator John Cornyn, and clerked for Justice Scalia at the U.S. Supreme Court.
Featuring:

Prof. Brian T. Fitzpatrick, Professor of Law, Vanderbilt University Law School
Tom Levis, President, Iowa State Bar Association
Introduction: Ryan G. Koopmans, Iowa Lawyers Chapter

On January 15, 2019, the Federalist Society's Civil Rights and Criminal Law & Procedure Practice Groups cosponsored a conference on "The Supreme Court and the Second Amendment." The first panel discussed the question of whether the right to bear arms encompasses a right to carry handguns in public.
Featuring:

Stephen P. Halbrook, Senior Fellow, Independent Institute; and author of The Founders’ Second Amendment
Jonathan E. Taylor, Principal, Gupta Wessler PLLC; and author of amicus briefs on behalf of Everytown for Gun Safety
Moderator: Hon. Gregory Katsas, United States Court of Appeals, District of Columbia Circuit
Introduction: Dean A. Reuter, General Counsel | Vice President & Director, Practice Groups, The Federalist Society

This panel will focus on questions of academic rigor and intellectual orthodoxy in modern American law schools. What is the role of academic rigor in legal scholarship and education? To what extent can it coexist with an intellectual orthodoxy? Is there an intellectual orthodoxy in American law schools? When does an orthodoxy reflect accumulated wisdom, and when does it reflect unexamined assumptions? Does it matter if the orthodoxy has a political valence?
Featuring:

William Baude, University of Chicago Law School
Erwin Chemerinsky, Berkeley Law School
Joshua Kleinfeld, Northwestern Pritzker School of Law
Moderator: Thomas Lee, Fordham University School of Law

There have been renewed challenges to the Chicago School framework for antitrust law. Some have argued that it fails to address growing inequality among people and concentration among industries. In cases like Ohio v. American Express, the Supreme Court appears more divided on the application of its principles. This panel will discuss these important developments.
Featuring:

Einer Elhauge, Harvard Law School
Harry First, New York University School of Law
Justin (Gus) Hurwitz, Nebraska College of Law
Moderator: Thomas Arthur, Emory University School of Law

Over the past year, there have been a number of discussions about social media and freedom of speech. Some critics blame social media companies for inadequately monitoring their content and promoting “fake news” at the instigation of foreign governments. Others criticize these companies’ new algorithms or content mediation policies, revised in some instances to respond to the first set of criticisms, as aimed at or disadvantaging certain sets of views. Meanwhile one leading tech company fired an employee for expressing views on the reasons for the company’s lack of gender diversity on the company’s listserv that were then published widely and condemned on social media on the ground that the views were offensive and could be seen as creating a hostile work environment.What kinds of responsibility do/should social media companies have for what is published on their sites? To what extent should this be determined by the companies themselves? By the market? By a body of outside experts? By government regulation?
Featuring:

Justin (Gus) Hurwitz, Nebraska College of Law (moderator and panelist)
Richard Epstein, NYU School of Law, University of Chicago Law School
J.S. Nelson, Villanova University Charles Widger School of Law
Hannibal Travis, Florida International University Law School
Aaron Wright, Benjamin N. Cardozo School of Law

On January 3, 2019, the Federalist Society hosted the Young Legal Scholars Paper Presentations. The presentations were a part of the 21st Annual Faculty Conference in New Orleans, Louisiana.
Featuring:

Vince Buccola, University of Pennsylvania, The Wharton School: “The Logic and Limits of Municipal Bankruptcy”
Paul Crane, University of Richmond School of Law: “Incorporating Collateral Consequences into Criminal Procedure”
Jennifer Mascott, George Mason University Antonin Scalia Law School: “The Ratifiers’ Theory of Officer Accountability”
Lance Sorenson, Utah Office of the Attorney General: “The Hybrid Nature of the Property Clause: Implications for Judicial Review of National Monument Reductions”
Lael Weinberger, University of Chicago JD/PhD Candidate: “Frankfurter, Abstention Doctrine, and the Development of Modern Federalism: A History and Three Futures”
Ilan Wurman, Arizona State University Sandra Day O’Connor College of Law: “The Origins of Substantive Due Process”
Commenter: Richard Epstein, NYU School of Law, University of Chicago Law School
Moderator: Larry Alexander, University of San Diego School of Law

On January 3, 2019, the Federalist Society hosted a luncheon debate on qualified immunity. The debate was a part of the 21st Annual Faculty Conference in New Orleans, Louisiana.
Featuring:

William Baude, University of Chicago Law School
Christopher Walker, The Ohio State University Moritz College of Law
Moderator: Tara Leigh Grove, William & Mary Law School