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The Future of Federalism Conference

Federalism & Separation of Powers Practice Group

September 12, 2008

The American system of federalism is at the heart of many disagreements over important constitutional and public policy issues.  Changes in all three branches of government and recent Supreme Court decisions raise questions about the future scope of federal-state relationships.  How should we balance state and federal rights? Should the courts take a more active role in limiting federal power, or should they instead leave the federal-state balance to the political process? Can we make better progress on these issues by allowing states to pursue their own policies independently? Or should the federal government take a more active role?

At this event co-sponsored by AEI, Chapman School of Law, and the Federalist Society, scholars of differing points of view to address these questions and further reflect on the future structure of American federalism. The first panel, Competitive and Cooperative Federalism, will consider whether we should strive for a system in which states compete with each other and with the federal government, or whether we should instead work to strengthen cooperation among the states and between federal and state government.  The second panel will be a discussion of the appropriate level of judicial review and the role of the judicial branch in adjudicating disputes over the scope of federal and state power.  The third panel will look at the relevance of federalism to two major hot-button public policy issues: health care and the environment.  Judge William Pryor of the United States Court of Appeals for the Eleventh Circuit will give a keynote address.

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9:00 a.m. - 10:45 a.m.
Panel I: Competitive and Cooperative Federalism

The Future of Federalism Conference

Topics: Constitution • Federalism • State Governments • Federalism & Separation of Powers
AEI Wohlstetter Conference Center
1150 Seventeenth Street, NW
Washington, DC 20036

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Description

  • Prof. Malcolm Feeley, UC Berkeley Law
  • Dr. Michael Greve, AEI
  • Prof. Roderick Hills, NYU Law
  • Prof. Ilya Somin, GMU Law
  • Moderator: Dean John Eastman, Chapman University School of Law

Speakers

10:50 a.m. - 12:15 p.m.
Panel II: A Discussion about Judicial Review of Federalism

The Future of Federalism Conference

Topics: Constitution • Federal Courts • Federalism • Founding Era & History • Supreme Court • Federalism & Separation of Powers
AEI Wohlstetter Conference Center
1150 Seventeenth Street, NW
Washington, DC 20036

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  • Prof. Randy Barnett, Georgetown Law
  • Prof. Jesse Choper, UC Berkeley Law
  • Moderator: Dr. Michael Greve, AEI

Speakers

12:30 p.m. - 1:30 p.m.
Luncheon and Keynote Address by William H. Pryor Jr.

The Future of Federalism Conference

Topics: Constitution • Federal Courts • Federalism • Federalism & Separation of Powers
AEI Wohlstetter Conference Center
1150 Seventeenth Street, NW
Washington, DC 20036

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On September 12, 2008, the Federalist Society and the American Enterprise Institute co-sponsored a conference titled "The Future of Federalism."

  • Hon. William H. Pryor Jr., U.S. Court of Appeals for 11th Circuit

Speakers

1:30 p.m. - 3:15 p.m.
Panel III: Health Care and the Environment

The Future of Federalism Conference

Topics: Constitution • Environmental & Energy Law • Federalism • Healthcare • State Governments • Federalism & Separation of Powers • Environmental Law & Property Rights
AEI Wohlstetter Conference Center
1150 Seventeenth Street, NW
Washington, DC 20036

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Description

  • Prof. Jonathan Adler, Case Western Reserve University School of Law
  • Prof. James Blumstein, Vanderbilt Law
  • Mr. Tom Miller, AEI
  • Moderator: Mr. Theodore H. Frank, AEI

Speakers

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