FedSoc Events

What is the proper role of the State judiciary when considering questions of federal law? If there are independent and adequate federal and State grounds, on which basis should a state supreme court decide a case? -- This panel was part of the 2017 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 28, 2017. -- Luncheon: Conversation with State Supreme Court Justices -- Hon. Clint Bolick, Arizona Supreme Court and Hon. Stephen Markman, Michigan Supreme Court. Moderator: Hon. Diane Sykes, U.S. Court of Appeals, 7th Circuit. Introduction: Jennifer Perkins, Assistant Solicitor General, AG Opinions and Ethics at Arizona Attorney General's Office.

The past forty years have seen a surge in efforts to litigate under state constitutional provisions furthering individual liberties. Panelists could look to numerous examples of differences between the state and federal constitutions (examples include criminal justice, property rights, same-sex marriage, education/school choice, labor, speech, and economic liberty) and explore how such differences have affected litigation strategy and forum shopping. Which emerging controversies are ripe to be litigated in state courts as opposed to the federal courts? What about business and arbitration cases? In the light of the results of the 2016 election, might some litigators further turn to the state courts to best protect liberty in light of changes to the federal bench? -- This panel was part of the 2017 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 28, 2017. -- Litigating State Constitutional Issues -- Thomas F. Ahearne, Foster Pepper and Counsel to Plaintiffs, McCleary v. State; Paul Avelar, Senior Attorney, Institute for Justice; and Jeremy Rosen, Partner, Horvitz & Levy LLP and Director, 9th Circuit Appellate Clinic, Pepperdine University School of Law. Moderator: Hon. Carolyn Kuhl, Superior Court of California, County of Los Angeles. Introduction: Joel Ard, Member, Foster Pepper PLLC and Carrie Ann Donnell, Legal Programs Director, Goldwater Institute.

In 1977, the publication of Justice William Brennan’s article, “State Constitutions and the Protection of Individual Rights,” provoked many litigators to look to the state courts to enhance individual liberties beyond the scope of the federal constitution. Panelists will discuss the legacy of Justice Brennan’s call for state constitutions to serve as a bulwark for individual liberties. How have state courts responded? Panelists will also discuss if the advancement of federalism has been an unintended consequence of this call to action. They will also discuss what this trend toward greater state judicial engagement means for the separation of powers and legislative action. -- This panel was part of the 2017 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 28, 2017. -- Forty Years Later: The Brennan Article and State Constitutions -- Dean James A. Gardner, Interim Dean, SUNY Distinguished Professor and Bridget and Thomas Black Professor, University at Buffalo School of Law; Prof. Kenneth Miller, Claremont McKenna College; and Prof. Derek Muller, Pepperdine University School of Law. Moderator: Hon. Jay Bybee, U.S. Court of Appeals, 9th Circuit. Introduction: Mr. Eugene B. Meyer, President, The Federalist Society.

Congressman Goodlatte discusses the House Judiciary Committee's agenda for the 115th Congress. He delivered these remarks on Wednesday, February 1, 2017, at the National Press Club in Washington, DC. -- Featuring: Hon. Bob Goodlatte, United States House of Representatives. Introduction: Hon. C. Boyden Gray, Founding Partner, Boyden Gray & Associates.

The Federalist Society's Practice Group and Student Divisions and the American Branch of the International Law Association (ABILA) are pleased to present a half-day conference on the future of international and national law under freshly inaugurated President Trump. This panel will feature a lively discussion between leading international lawyers the Hon. John Bellinger and Associate Dean and Professor Rosa Brooks about whether international law will matter to the new administration. The luncheon panel will be moderated by Professor David Stewart. -- This panel was part of the conference on International Law in the Trump Era: Expectations, Hopes, and Fears held on January 23, 2017, at Georgetown University Law Center in Washington, DC. -- Luncheon Panel: Will International Law Matter to the Trump Administration? -- Hon. John B. Bellinger, III, former Legal Adviser, U.S. Department of State and the National Security Council and Prof. Rosa Brooks, Associate Dean, Graduate Programs & Professor of Law, Georgetown University Law Center. Moderator: Prof. David Stewart, President, American Branch of the International Law Association (ABILA).

The Federalist Society's Practice Group and Student Divisions and the American Branch of the International Law Association (ABILA) are pleased to present a half-day conference on the future of international and national law under freshly inaugurated President Trump. This second panel will discuss the future of American alliances and interventions under the Trump administration. -- This panel was part of the conference on International Law in the Trump Era: Expectations, Hopes, and Fears held on January 23, 2017, at Georgetown University Law Center in Washington, DC. -- Panel II: Alliances and Interventions -- Hon. Brian H. Hook, Former Assistant Secretary of State for International Organizations; Hon. Lawrence Korb, Former Assistant Secretary of Defense; and Amb. Kristen Silverberg, Former U.S. Ambassador to the European Union. Moderator: Prof. Jamil N. Jaffer, Former Chief Counsel and Senior Advisor, U.S. Senate Committee on Foreign Relations.

The Federalist Society's Practice Group and Student Divisions and the American Branch of the International Law Association (ABILA) are pleased to present a half-day conference on the future of international and national law under freshly inaugurated President Trump. This first panel will focus on the future of trade law, under a president who made free trade agreements like the Trans-Pacific Partnership and NAFTA a campaign issue. -- This panel was part of the conference on International Law in the Trump Era: Expectations, Hopes, and Fears held on January 23, 2017, at Georgetown University Law Center in Washington, DC. -- Panel 1: What is the Future of Trade Law? -- Prof. Timothy J. Keeler, Former Chief of Staff, Office of the U.S. Trade Representative (USTR); Prof. John O. McGinnis, Former Deputy Assistant Attorney General, Office of Legal Counsel, Department of Justice; and Prof. Alvaro Santos, Professor of Law, Georgetown University Law Center. Moderator: Mr. Matthew R. A. Heiman, Former Attorney Advisor, U.S. Department of Justice for the National Security Division.

This panel will discuss administrative agencies’ increasing use of devices such as guidance letters, consent decrees, and Notices of Proposed Rulemaking (instead of final rules or adjudications issued with APA procedural protections) as mechanisms for setting major policies that may be effectively binding on private parties. -- This panel was held on January 6, 2017 during the 19th Annual Faculty Conference in San Francisco, CA. -- Panel: “Dear Colleague”/Guidance Letters, Consent Decrees, and other administrative law innovations -- Prof. Richard Epstein, New York University School of Law; Prof. Gail Heriot, University San Diego School of Law; Prof. Richard Pierce, The George Washington University Law School; and Prof. Aaron Saiger, Fordham University School of Law. Moderator: Hon. Michael W. McConnell, Stanford Law School.

December 2015 marked 150 years since the ratification of the Thirteenth Amendment—an occasion of singular moral, political, and legal importance in American history. This panel reflects on that past with an eye toward the future. While the Amendment plainly outlaws slavery itself, does it go beyond that, or authorize Congress to go beyond that, and if so, how? -- This panel was held on January 5, 2017 during the 19th Annual Faculty Conference in San Francisco, CA. -- Panel: The Thirteenth Amendment 150 Years Later -- Prof. Jennifer Mason McAward, Notre Dame Law School; Prof. Alexander Tsesis, Loyola University of Chicago School of Law; and Prof. David Upham, University of Dallas. Moderator: Prof. Randy Barnett, Georgetown University Law Center.

This panel was held on January 5, 2017 during the 19th Annual Faculty Conference in San Francisco, CA. -- Young Legal Scholars Paper Presentations -- Prof. Daniel Hemel (University of Chicago Law School) & Prof. Aaron Nielson (Brigham Young University School of Law): "Chevron Step One-and-a-Half"; Prof. Ryan Holte (Southern Illinois College of Law) & Prof. Christopher Seaman (Washington & Lee University School of Law): “Patent Injunctions on Appeal: An Empirical Study of the Federal Circuit’s Application of eBay”; Prof. Stephen Sachs (Duke Law School): “Pennoyer Was Right: Jurisdiction and General Law”; Prof. Christopher Walker (Ohio State University College of Law): “Legislating in the Shadows”; and Mr. Ilan Wurman (Winston & Strawn): “As-Applied Nondelegation”. Commenter: Prof. Richard Epstein, New York University School of Law, University of Chicago Law School. Moderator: Prof. Amy Coney Barrett, Notre Dame Law School.