FedSoc Forums

The Supreme Court will be hearing oral arguments for Kahler v. Kansas and Ramos v. Louisiana on Monday, October 7, 2019. The issue in Kahler v. Kansas, is whether a state can abolish the insanity defense, without infringing on an individual’s Eighth and Fourteenth Amendment rights. The plaintiffs are arguing that removing this fundamental principle from the criminal justice system violates the 14th Amendment’s due process clause, which was created to protect these such principles. They also posit that Kansas’ rule violates the Eighth Amendment’s statute regarding cruel and unusual punishment because, “by convicting and punishing people who are not blameworthy, cannot be deterred, and require incapacitation and rehabilitation that the criminal justice system cannot provide,” it doesn’t advance any of the justifications for punishment.
Contrastingly, the state of Kansas asserts that any differences between its relatively unique approach and a more typical insanity defense based on knowing the difference between right and wrong are practically irrelevant in Kahler’s case because under any of these tests, he would not have been able to prove that he was insane.
In Ramos v. Louisiana, the plaintiff Ramos was arrested, tried, and convicted of second-degree murder in Louisiana with a non-unanimous jury (10-2 conviction). Consequently, he received life imprisonment without the possibility of parole. Because Louisiana state law only requires ten jurors to enter a guilty verdict, his conviction stood. The plaintiff repealed the case and the appellate court affirmed the previous decision. The Louisiana Supreme Court denied his next appeal. The question the Supreme Court will be addressing is whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict at the state level.
Featuring:
Giancarlo Canaparo, Legal Fellow, The Heritage Foundation

Melissa and Aaron Klein, of the Sweet Cakes by Melissa bakery in Oregon, were ordered to pay $135,000 in emotional damages for declining to create a custom wedding cake for a same sex wedding because of their religious convictions. This June, the U.S. Supreme Court vacated an Oregon Court of Appeals decision that had upheld the award and remanded the case for reconsideration in light of last year’s Masterpiece Cakeshop v. Colorado Civil Rights Commission decision. That decision held that state administrative proceedings must be free from anti-religious hostility under the Free Exercise Clause, concluding that the Colorado commission displayed both overt and subtle signs of bias against the baker’s religious beliefs. This teleforum will discuss recent updates in the case of Klein v. Oregon Bureau of Labor and Industries.
Featuring:
Adam Gustafson, Partner, Boyden Gray & Associates

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Professional Responsibility & Legal Education Practice Group Teleforum
CLE not offered if Teleforum listened to after the event is concluded.

Written Materials are accessible through the link included on your ticket, and also Here: Link
Certificate of Attendance: Link
Course Time 2:55-3:55 presentation, 3:55-4:00, Live Audience Q&A
The Federalist Society offers a unique opportunity to acquire one hour’s worth of ethics CLE credit.
Our visiting expert in legal and judicial ethics will discuss a recent regulatory development in the field, with the purpose of translating this development into practical wisdom about the likely impact on the practice of law in 2019 and beyond.
In August 2016, the American Bar Association approved Model Rule of Professional Conduct 8.4(g). The new provision provides that it is misconduct for an attorney to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” Comment [4] explains that “conduct related to the practice of law . . . includes representing clients; interacting with witnesses, coworkers, court personnel, lawyers and others while engaged in the practice of law; operating or managing a law firm or law practice; and participating in bar association, business or social activities in connection with the practice of law.”
The Model Rules are just that — models, that do not apply in any jurisdiction. Now the project goes to the states, as state courts consider whether to adopt Rule 8.4(g).
To date, many states have rejected the rule, including Arizona, Illinois, Minnesota, Montana, Nevada, South Carolina, and Tennessee. The Attorneys General of four states have concluded that adopting the rule would violate the First Amendment: Louisiana, South Carolina, Tennessee, and Texas. Only Vermont has adopted the model rule in its entirety.
In this teleforum, Professor Josh Blackman of the South Texas College of Law Houston will discuss the potential implications of Model Rule 8.4(g) on an attorney's ethical responsibiliities, as well as potential constitutional problems with Model Rule 8.4(g) that could lead the rule not being adopted as widely as some of the others. The debate over Model Rule 8.4(g) will shine light on Ethical Responsibilities for all attorneys, even attorneys whose states have only partially adopted the rule.
Featuring:

Prof. Josh Blackman, Associate Professor of Law, South Texas College of Law, Houston

Call begins at 2:55 p.m. Eastern Time.
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
Because we are offering CLE for this Teleforum, it is open to non-members as well. The Teleforum call-in number will be available with the CLE materials upon registration.
One hour of ethics CLE available in some jurisdictions pending approval*
$25 for CLE (Federalist Society members)$50 for CLE (non-Federalist Society members)
Charges apply ONLY to those seeking CLE credit.
Registration for CLE credit is required.Attendance must be verified during the presentation.**No registration or fee is required if you are not seeking CLE credit.
CLE Credit is Not Gaurenteed From All States, but All States That Attorneys Request, Will Be Applied To.
*Please note CLE applications will be made in accordance with any states that are requested during registration up until the day of the Teleforum. CLE credit is not guaranteed, as the decision to accredit the course is made by each individual state bar, but all states that attorneys request will be applied to.
**Additional CLE Instructions:

Please check your confirmation email for the link to the ticket, where there will be a drop box link to download all CLE Materials including the links for the online Certificate of Attendance, Evaluation Form, and the PDF Written Materials.
Call into the Teleforum number 1-888-752-3232 before 2:55 p.m. ET.
Listen for the "Unique Program Codes" during the call and enter those codes on your Certificate of Attendance to verify your attendance.
Fill out your Certificate of Attendance and Evaluation Form that will be provided with your confirmation email, within 14 days of the conclusion of the program.