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2014 National Student Symposium

Security vs. Freedom: Contemporary Controversies

March 7 — 8, 2014

Florida Student Chapter LogoThe University of Florida Levin College of Law’s Federalist Society Student Chapter hosted the 33rd National Federalist Society Student Symposium.

The Federalist Society Student Symposium attracts hundreds of law student members from across the country each year. This year's conference addressed contemporary issues in the perennial debate concerning where to draw lines among security, freedom and privacy.

Americans have been embroiled in debate regarding the boundaries between the freedom that defines us and the safety measures necessary to achieve that freedom. The issue is so divisive that individuals who share a large majority of their core beliefs can be bitter rivals regarding the line drawing in this debate. Now, more than a decade following the 9/11 terrorist attacks, balancing national security and personal freedom seems more challenging than ever.

With events like the Boston Marathon Bombings, leaks of confidential governmental information, and shifting global hostilities occurring seemingly daily, questioning our security and freedom are commonsense and responsible questions to explore. There are also a number of deeper issues that rarely emerge in our public debate, such as: Are security and freedom necessarily in opposition? Does the expression of one entail the truncation of the other? How do we strike a balance between them – i.e. where exactly is the middle ground between totalitarianism and the solitary, nasty, brutish, and short life?

The perennial debate regarding the reconciliation between security and freedom has not been the topic of a symposium since at least Harvard’s “Law and Freedom” conference in 2005, yet so much has changed in our world since then. We will critically explore this important topic in March 2014.

 

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6:00 p.m. - 8:00 p.m.
Roundtable Discussion: Balancing Privacy and Security

2014 National Student Symposium

Topics: Civil Rights • Constitution • Fourth Amendment • Security & Privacy
J. Wayne Reitz Union
University of Florida Levin College of Law
309 Village Dr
Gainesville, FL 32611

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Balancing Privacy and Security - Event Audio/VideoThis roundtable will address a wide range of issues and potential solutions to the challenges associated with balancing privacy and security in an increasingly technological world. In an era where individuals increasingly entrust their data to third parties, how can the right balance be struck between the government’s need to collect information, and the individual’s right to privacy in that information. Does the Fourth Amendment adequately protect an individual’s rights in an era of rapidly advancing technology, or should Congress play a more active role in regulating this space?

The University of Florida Student Chapter hosted this roundtable discussion during the 2014 Annual Student Symposium on Friday, March 7, 2014.

Introductory Remarks
6:00 p.m.
J. Wayne Reitz Union

  • Mr. Devon Westhill, Chairman, Symposium Executive Committee
  • Dean Robert H. Jerry II, University of Florida Levin College of Law

Roundtable Discussion: “BALANCING PRIVACY AND SECURITY”
6:15 – 8:00 p.m.
J. Wayne Reitz Union

  • Mr. Steven G. Bradbury, Partner, Dechert LLP
  • Hon. Rachel L. Brand, Vice President & Chief Counsel for Regulatory Litigation, National Chamber Litigation Center, U.S. Chamber of Commerce; Member, Privacy & Civil Liberties Oversight Board
  • Mr. Julian Sanchez, Research Fellow, The Cato Institute
  • Prof. John Stinneford, Associate Professor of Law, University of Florida Levin College of Law
  • Mr. Ted Ullyot, Former General Counsel, Facebook
  • Moderator: Hon. William H. Pryor Jr., U.S. Court of Appeals, Eleventh Circuit

 

Speakers

8:15 p.m. - 9:15 p.m.
Debate I: Should We Better Protect Government Secrets and Punish Leaks More Severely?

2014 National Student Symposium

Topics: Security & Privacy • International & National Security Law
J. Wayne Reitz Union
University of Florida Levin College of Law
309 Village Dr
Gainesville, FL 32611

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Should We Better Protect Government Secrets and Punish Leaks More Severely? - Event Audio/VideoRecent leaks of classified information have undermined the public’s confidence in the ability of their government to keep secrets. Government officials have alleged that these leaks have caused irreparable harm to America’s national security. However, while government officials criticize leaks, they oftentimes are complicit in leaking information when it serves their political interests. All experts seem to agree that some exposures undermine America’s ability to combat terrorism and counter other national security threats. But, other leaks are viewed as a form of whistleblowing and public accountability. Are there good leaks and bad leaks, and who decides? Should the U.S. government do a better job of protecting secrets? Should leakers be prosecuted? What about those media outlets and other entities who publish national security secrets, should they also be prosecuted?

The University of Florida Student Chapter hosted this debate during the 2014 Annual Student Symposium on Friday, March 7, 2014.

Featuring:

  • Dr. Roger Pilon, Vice President for Legal Affairs; B. Kenneth Simon Chair in Constitutional Studies; Director, Center for Constitutional Studies, The Cato Institute
  • Prof. Nadine Strossen, Professor of Law, New York Law School; Former President, ACLU
  • Moderator: Hon. Jerry E. Smith, U.S. Court of Appeals, Fifth Circuit

Speakers

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9:00 a.m. - 10:45 a.m.
Panel I: Cybersecurity and the NSA

2014 National Student Symposium

Topics: Foreign Policy • Fourth Amendment • Security & Privacy • International & National Security Law
J. Wayne Reitz Union
University of Florida Levin College of Law
309 Village Dr
Gainesville, FL 32611

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Cybersecurity and the NSA - Event Audio/VideoThe NSA acts pursuant to broad statutory authorities, and has interpreted those statutes to enable vast data collection programs. Two programs in particular, programmatic surveillance of the content of communications and bulk collection of metadata have become the subject of heated public and scholarly debate. Are these programs consistent with the NSA’s mission to gather foreign intelligence and to defend U.S. government information systems? Have the leaks about these programs jeopardized national security, or have they enhanced public accountability? Is there a better way to strike a balance between privacy and security?

The University of Florida Student Chapter hosted this panel discussion during the 2014 Annual Student Symposium on Saturday, March 8, 2014.

Featuring:

  • Mr. Stewart Baker, Partner, Steptoe & Johnson LLP
  • Prof. Randy Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
  • Prof. Jeremy Rabkin, Professor of Law, George Mason University School of Law
  • Moderator: Chief Justice Ricky Polston, Florida Supreme Court

Speakers

11:00 a.m. - 12:15 p.m.
Debate II: Is the FISA Court Too Secret?

2014 National Student Symposium

Topics: Federal Courts • Security & Privacy • International & National Security Law
J. Wayne Reitz Union
University of Florida Levin College of Law
309 Village Dr
Gainesville, FL 32611

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Is the FISA Court Too Secret? - Event Audio/VideoThe proceedings before the FISA Court are ex parte, and secret, prompting critics to argue that the court has become a rubber stamp, authorizing governmental activity without democratic accountability. Are activities conducted pursuant to FISA too secret? Does FISA require more oversight or accountability? Are there any feasible reforms that can effectively balance the need for foreign intelligence gathering against the rights of individuals who are surveilled? This debate will address these important questions.

The University of Florida Student Chapter hosted this debate during the 2014 Annual Student Symposium on Saturday, March 8, 2014.

Featuring:

  • Mr. Alex Abdo, Staff Attorney, ACLU National Security Project
  • Prof. Gregory McNeal, Associate Professor of Law, Pepperdine University School of Law
  • Moderator: Justice Charles T. Canady, Florida Supreme Court

 

Speakers

1:45 p.m. - 3:30 p.m.
Panel II: Detained Suspected Terrorists: Try in Military Courts or Civilian Courts?

2014 National Student Symposium

Topics: Constitution • Security & Privacy • International & National Security Law • Federal Courts
J. Wayne Reitz Union
University of Florida Levin College of Law
309 Village Dr
Gainesville, FL 32611

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Detained Suspected Terrorists: Try in Military Courts or Civilian Courts? - Event Audio/VideoThis panel will address the ongoing debate regarding trying, convicting and punishing suspected terrorists. Should military tribunals be abandoned in favor of trying individuals in Article III courts? A mere seven individuals held in Guantanamo Bay have been tried and convicted by military commissions, while DOJ reports that more than 500 individuals have been convicted of terrorism related offenses. What has prevented the trial of suspected terrorists held in Guantanamo Bay? Should military commissions for suspected terrorists and other enemies be abandoned or do they serve a valuable function?

The University of Florida Student Chapter hosted this panel discussion during the 2014 Annual Student Symposium on Saturday, March 8, 2014.

Featuring:

  • Prof. Laura Donohue, Professor of Law Georgetown University Law Center
  • Prof. Christopher Jenks, Director of the Criminal Justice Clinic and Assistant Professor of Law, Southern Methodist University Dedman School of Law
  • Prof. Peter S. Margulies, Professor of Law, Roger Williams University School of Law
  • Prof. Deborah Pearlstein, Assistant Professor of Law, Benjamin N. Cardozo School of Law
  • Moderator: Hon. A. Raymond Randolph, U.S. Court of Appeals, DC Circuit

 

Speakers

3:45 p.m. - 5:30 p.m.
Panel III: Drones and Presidential Authority

2014 National Student Symposium

Topics: Foreign Policy • International Law & Trade • Security & Privacy • International & National Security Law
J. Wayne Reitz Union
University of Florida Levin College of Law
309 Village Dr
Gainesville, FL 32611

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Drones and Presidential Authority - Event Audio/VideoA key element of America’s national security strategy has been the use of drones to carry out targeted killings against suspected terrorists. Targeted killings have become increasingly controversial, critics argue that the strikes violate the sovereignty of the nations where the attacks occur, and when those strikes occur outside circumstances of armed conflict amount to extrajudicial killings in violation of international human rights law. The U.S. contends that the strikes are part of America’s armed conflict with al Qaeda, and therefore are lawful strategies pursued pursuant to that armed conflict. Under what circumstances does the President have the authority to order the killing of suspected terrorists? Does he require statutory authorization, such as an Authorization for Use of Military Force, or can he rely on his own inherent power? Is the President bound to abide by treaties and customary international law prohibitions on the use of force? What due process rights are U.S. citizens entitled to when the President chooses to use military force against them? May the President use force against suspected terrorists inside the U.S.?

The University of Florida Student Chapter hosted this panel discussion during the 2014 Annual Student Symposium on Saturday, March 8, 2014.

Featuring:

  • Prof. Rosa Brooks, Professor of Law, Georgetown University Law Center
  • Prof. Martin Flaherty, Leitner Family Professor of Law, Fordham University School of Law
  • Mr. Gregory Katsas, Partner, Jones Day
  • Prof. Michael Stokes Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law
  • Moderator: Hon. Eileen J. O'Connor, Partner, Pillsbury Winthrop Shaw Pittman LLP

 

Speakers

7:00 p.m. - 10:00 p.m.
Banquet Keynote Address by Michael Mukasey

2014 National Student Symposium

Topics: Constitution • Security & Privacy • International & National Security Law
J. Wayne Reitz Union – Grand Ballroom
University of Florida Levin College of Law
309 Village Dr
Gainesville, FL 32611

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Michael MukaseyFormer United States Attorney General Michael B. Mukasey delivered the Keynote Address at the Federalist Society's 2014 Annual Student Symposium at the University of Florida Levin College of Law on March 8, 2014.

Featuring:

  • Hon. Michael B. Mukasey, 81st Attorney General of the United States
  • Introduction: Prof. Steven J. Willis, Professor of Law, University of Florida Levin College of Law

 

Speakers

7:00 p.m. - 10:00 p.m.
2014 Paul M. Bator Award Presentation

2014 National Student Symposium

Topics: Federalist Society
J. Wayne Reitz Union – Grand Ballroom
University of Florida Levin College of Law
309 Village Dr
Gainesville, FL 32611

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Joshua WrightThe Paul M. Bator Award was established in 1989 in memory of Professor Paul M. Bator, a renowned scholar and teacher of federal courts and constitutional law. Professor Bator taught at Harvard Law School from 1959 to 1982 and from 1983 to 1985, and at the University of Chicago from 1985 until his untimely death in 1989. He also served as Principal Deputy Solicitor General in 1982 and 1983. The award is given annually to a young academic (under 40) who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact. This award is presented during the Federalist Society's Annual Student Symposium. Prof. Joshua D. Wright received this award during the Federalist Society's Annual Student Symposium on March 8, 2014 at the University of Florida Levin College of Law. The award was presented by Mr. Zach Mayo of the University of Chicago Student Chapter.

Featuring:

  • Prof. Joshua D. Wright, Professor of Law, George Mason University School of Law
  • Presented by: Mr. Zach Mayo, Vice President & Chair of the Bator Award, University of Chicago Law School Federalist Society Chapter
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

 

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