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2023 Education Law & Policy Conference

Co-Sponsored by the Defense of Freedom Institute for Policy Studies

September 13, 2023

Registration is now open!

The Education Law & Policy Conference will examine the federal legal and policy issues surrounding American education. The conference will take place on Wednesday, September 13, 2023 at the Washington Hilton in Washington, D.C. and will feature a welcome session, plenary panels, lunch, and a closing speech followed by a reception.

Wednesday, September 13, 2023

Washington Hilton
1919 Connecticut Avenue, NW
Washington, District of Columbia,
20009

 

Addresses

Opening Speaker:


Philip K. Howard
Author,
Not Accountable: Rethinking the Constitutionality of Public Employee Unions

 

Luncheon Speaker:

Hon. Eugene Scalia
Former United States Secretary of Labor

 

Closing Address:

Hon. Mitch Daniels
Former Governor of the State of Indiana

 

Conference Schedule

Wednesday, September 13th

Continental Breakfast8:30 am  - 9:00 am

Welcome and Introduction of First Speaker 9:00 am  - 9:15 am

Opening Address 9:15 am  - 10:00 am

Plenary Session #1 Teacher Unions: Roadblocks to Education Reform or Defenders of Teacher and Student Interests? 10:00 am - 11:30 am

Philip K. Howard Book Signing 11:30 am - 12:00 pm

Lunch and Luncheon Address 11:45 am - 1:15 pm

Plenary Session #2 Religious Charter Schools: Protected or Prohibited by the First Amendment? 1:30 pm - 2:30 pm

Plenary Session #3 U.S. Department of Education Rulemaking: Hiding Regulatory Elephants in Statutory Mouseholes? 2:45 pm - 4:15 pm

Closing Keynote Address 4:30 pm - 5:00 pm

Closing Reception (sponsored by yes. every kid. foundation) 5:15 pm - 7:15pm

Speakers Confirmed to Date:

  • Jonathan Berry, Managing Partner, Boyden Gray & Associates
  • Jennifer Braceras, Director, Independent Women's Law Center, Independent Women's Forum
  • Hon. Michael Brennan, U.S. Court of Appeals for the 7th Circuit
  • Christian Corrigan, Solicitor General of Montana
  • Mike Donnelly, Vice President, yes. every kid. foundation
  • Robert S. Eitel, Co-Founder and President, Defense of Freedom Institute
  • Lanae Erickson, Senior Vice President for Social Policy, Education & Politics, Third Way
  • Prof. Nicole Garnett, John P. Murphy Foundation Professor of Law & Associate Dean for External Engagement, Notre Dame Law School; Senior Fellow, Manhattan Institute
  • Dr. Michael T. Hartney, Hoover Fellow, Hoover Institution, Stanford University
  • David Osborne, Senior Fellow, Labor Policy, The Commonwealth Foundation for Public Policy Alternatives
  • Ilya Shapiro, Director, Constitutional Studies, Manhattan Institute
  • Prof. Jed Shugerman, Boston University Law School
  • Eric Stahlfeld, Chief Litigation Counsel, Freedom Foundation
  • Farnaz Thompson, Partner, McGuire Woods
  • Renita Thukral, Vice President of Legal Affairs, National Alliance of Public Charter Schools

Cost: 

  • Conference (Member)--$25
  • Conference (Non-Member)--$50
  • Conference with CLE Credit (Member)--$50
  • Conference with CLE Credit (Non-Member)--$75

Press:

 PRESS: Please email TJ Winer at ([email protected]) to register. 

Registration Notes:

 No refunds for this event will be issued after 09/06/23.

 Registration for this event will close 09/11/23.

 All attendees may be required to present identification for admission.

Click below for CLE information:

 

 

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8:30 a.m. - 9:00 a.m.
Continental Breakfast

2023 Education Law & Policy Conference

Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

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9:00 a.m. - 9:15 a.m.
Welcome and Introduction of First Speaker
Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

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Speakers

9:15 a.m. - 10:00 a.m.
Opening Address

2023 Education Law & Policy Conference

Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

Event Video

Speakers

10:00 a.m. - 11:30 a.m.
Plenary Session #1 Teacher Unions: Roadblocks to Education Reform or Defenders of Teacher and Student Interests?

2023 Education Law & Policy Conference

Topics: Education Policy • Federalism • Labor & Employment Law
Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

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Event Video

Description

The COVID-19 pandemic demonstrated the powerful influence of teacher unions in public education. As a result, teacher unions are facing greater scrutiny from the public and policymakers. But is this scrutiny warranted? The legal scholars and experienced litigators on this panel will attempt to answer the basic question of whether teacher unions generally advance or hinder the core purpose of public schools to give students a quality education. The panel will also consider  whether the Guarantee Clause of the Federal Constitution, which mandates republican government in the states, prohibits state and local governments from engaging in collective bargaining with public employee unions, as well as the prospects of success for this argument in the courts.

Featuring:

  • Dr. Michael Hartney, Fellow, Hoover Institution and author of How Policies Make Interest Groups: Governments, Unions, and American Education
  • David Osborne, Senior Fellow, Labor Policy,  The Commonwealth Foundation for Public Policy Alternatives, and Special Counsel, Americans for Fair Treatment
  • Ilya Shapiro, Director, Constitutional Studies, Manhattan Institute
  • Eric Stahlfeld, Chief Litigation Counsel, Freedom Foundation
  • [Moderator] Jonathan Berry, Managing Partner, Boyden Gray & Associates

 

 

 

Speakers

11:30 a.m. - 12:00 p.m.
Philip K. Howard Book Signing

2023 Education Law & Policy Conference

Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

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Speakers

11:45 a.m. - 1:15 p.m.
Lunch and Luncheon Address

2023 Education Law & Policy Conference

Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

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Event Video

Speakers

1:30 p.m. - 2:30 p.m.
Plenary Session #2 Religious Charter Schools: Protected or Prohibited by the First Amendment?

2023 Education Law & Policy Conference

Topics: Constitution • Education Policy • Federalism • First Amendment
Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

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Event Video

Description

Supporters of charter schools argue that their popularity and proven effectiveness in improving learning outcomes stem from their diverse educational options and flexibility in teaching—advantages that traditional public schools are unable to match. Some legal scholars and policymakers want to take this flexibility farther, arguing that state and local governments should—and must, under the Free Exercise Clause—grant charters directly to churches and other religious organizations for the purpose of offering students a religious education. Other charter school supporters argue that the Establishment Clause forbids states from operating charter school programs to authorize religious charter schools because these schools are state-supported entities that must remain neutral with respect to religion. This discussion will explore the contours of charter school law and policy in light of recent developments, including the Fourth Circuit’s opinion in Charter Day School, Inc. v. Peltier, the Oklahoma Statewide Virtual Charter School Board’s approval for a Catholic public charter school, and recent Supreme Court precedent. 

Featuring:

  • Professor Nicole Garnett, John P. Murphy Foundation Professor of Law & Associate Dean for External Engagement, Notre Dame Law School, Senior Fellow, Manhattan Institute
  • Renita Thukral, Vice President of Legal Affairs, National Alliance of Public Charter Schools
  • [Moderator] Mike Donnelly, Vice President, yes.everykid foundation

 

 

Speakers

2:45 p.m. - 4:15 p.m.
Plenary Session #3 U.S. Department of Education Rulemaking: Hiding Regulatory Elephants in Statutory Mouseholes?

2023 Education Law & Policy Conference

Topics: Administrative Law & Regulation • Education Policy • Federal Courts • Federalism & Separation of Powers
Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

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Event Video

Description

The Supreme Court’s recent decision in Biden v. Nebraska has not ended questions about regulatory actions from President Biden’s Department of Education. The current administration has proposed important regulations regarding Title IX and student loan repayment, cancellation, and forgiveness. This panel will examine whether these and other major regulatory efforts by the Education Department rest on valid new uses for existing law or stretch the bounds of statutory language so far that they should trigger “judicial skepticism” under the Supreme Court’s “major questions doctrine.” What will become of these efforts to reshape federal education regulations, and what do they portend for rulemaking in future administrations?

Featuring: 

  • Jennifer Braceras, Director, Independent Women's Law Center, Independent Women's Forum
  • Christian Corrigan, Solicitor General of Montana
  • Professor Jed Shugerman, Boston University Law School
  • Farnaz Thompson, Partner, McGuire Woods
  • Lanae Erickson, Senior Vice President for Social Policy, Education & Politics, Third Way
  • [Moderator] Hon. Michael Brennan, Judge, U.S. Court of Appeals for the 7th Circuit

 

 

Speakers

4:30 p.m. - 5:00 p.m.
Closing Keynote Address

2023 Education Law & Policy Conference

Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

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Speakers

5:15 p.m. - 7:15 p.m.
Closing Reception

Sponsored by yes. every kid. foundation

Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

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