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16th Annual Faculty Conference

Faculty Division

January 3 — 4, 2014

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Kelo v. New London

The 16th Annual Federalist Society Faculty Conference was held on January 3-4, 2014 in New York City. The purpose of our Annual Faculty Conferences is to provide an opportunity for those interested in the Society to share ideas and scholarship with each other.

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12:00 p.m. - 1:00 p.m.
Introductory Lunch: Online Education Projects and Opportunities

16th Annual Faculty Conference

Topics: Professional Responsibility & Legal Education
Essex Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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  • Remarks by: Michele Pistone, Villanova University School of Law and Legal Ed Web

Speakers

1:00 p.m. - 2:45 p.m.
Panel I: Is IP Property or Government-Conferred Monopoly?

16th Annual Faculty Conference

Topics: Corporations, Securities & Antitrust • Intellectual Property • Law & Economics • Philosophy • Property Law
Kent/Surrey Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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Is IP Property or Government-Conferred Monopoly? - Event Audio/VideoThe Federalist Society's Faculty Division hosted a panel discussion that asked "Is IP Property or Government-Conferred Monopoly?" on Friday, January 3, 2014, during the 16th Annual Faculty Conference.

  • Prof. Greg Dolin, University of Baltimore School of Law
  • Prof. Irina Manta, Hofstra University School of Law
  • Prof. David Olson, Boston College Law School
  • Prof. Adam Mossoff, George Mason University School of Law
  • Moderator: Prof. Randy Barnett, Georgetown University Law Center

Speakers

3:00 p.m. - 4:45 p.m.
Panel II: Who Determines an Agency's Power?

16th Annual Faculty Conference

Topics: Administrative Law & Regulation • Constitution • Separation of Powers • Federalism & Separation of Powers
Kent/Surrey Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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Who Determines an Agency's Power? - Event Audio/VideoThe Federalist Society's Faculty Division hosted this panel discussion which asked "Who Determines an Agency's Power?" on Friday, January 3, 2014, during the 16th Annual Faculty Conference.

  • Prof. Christopher Walker, Ohio State University Moritz College of Law
  • Prof. Frederick (Andy) Hessick, University of Utah S.J. Quinney College of Law
  • Prof. John Duffy, University of Virginia School of Law
  • Prof. Gregory Maggs, George Washington University Law School
  • Moderator: Prof. John McGinnis, Northwestern University Law School

Speakers

5:00 p.m. - 6:15 p.m.
Seven-Minute Presentations of Works in Progress - Part IB

16th Annual Faculty Conference

Oxford Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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  • Prof. Joshua Kleinfeld, Northwestern University School of Law, "NATO's Purpose"
  • Prof. Tahirih Lee, Florida State University College of Law, "Media Transmissions as Case Law in China"
  • Prof. Dan Markel, Florida State University College of Law, "Catalyzing Fans"
  • Prof. Ilya Somin, George Mason University School of Law, "The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain"
  • Prof. Robert Steinbuch, University of Arkansas at Little Rock School of Law, "Affirmative Action and Access to Information"
  • Moderator: Saikrishna Prakash, University of Virginia School of Law

Speakers

5:00 p.m. - 6:15 p.m.
Seven-Minute Presentations of Works in Progress - Part IA

16th Annual Faculty Conference

Kent Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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  • Prof. David Moore, BYU Law School, "Taking Our Cues from Congress"
  • Prof. Alan Hurst, BYU Law School, "The Very Old New Separationism"
  • Prof. Nadia Nedzel, Southern University Law School, "Rule of Law: The Foundational principle of Anglo-American Law and Legal Culture, How it Relates to Liberty, and How it Differs from the Civilian Legal State"
  • Dr. Marie Newhouse, Harvard University, Edmond J. Safra Center for Ethics, "Institutional Corruption"
  • Prof. David Wagner, Regent University School of Law, "Grounding a Constitutional Right to Homeschool"
  • Moderator:  Prof. Eugene Volokh, UCLA School of Law

Speakers

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8:30 a.m. - 9:15 a.m.
Public Interest Litigation Workshop

16th Annual Faculty Conference

Topics: Litigation • Professional Responsibility & Legal Education
Kent/Surrey Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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?Public Interest Litigation Workshop - Event Audio/VideoThe Federalist Society's Faculty Division hosted this workshop on public interest litigation on Saturday, January 4, 2014, during the 16th Annual Faculty Conference.

  • Prof. Eugene Volokh, UCLA School of Law
  • Prof. Randy Barnett, Georgetown University Law Center
  • Introduction: Hon. Lee Liberman Otis, Senior Vice President & Faculty Division Director, The Federalist Society

Speakers

9:30 a.m. - 11:15 a.m.
Panel III: Natural Law and Natural Rights

16th Annual Faculty Conference

Topics: Constitution • Founding Era & History • Philosophy
Kent/Surrey Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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Natural Law and Natural Rights - Event Audio/VideoThe Federalist Society's Faculty Division hosted this panel discussion on "Natural Law and Natural Rights" on Saturday, January 4, 2014, during the 16th Annual Faculty Conference.

  • Prof. Michael Baur, Fordham University School of Law, "What Rights Are and Why There Are Any: What the Classical (Aristotelian-Thomistic) Natural Law Approach Has to Say?"
  • Lt. Col. Brian Bengs, NATO School, "Self Defense Under Siege: The Role of Individual Self Defense in the Battlespace?"
  • Commenter: Prof. Michael Moreland, Villanova University School of Law?
  • Commenter: Prof. Jeremy Rabkin, George Mason University School of Law
  • Commenter: Prof. Roderick Hills Jr., New York University School of Law
  • Moderator: Prof. Eric Claeys, George Mason University School of Law

Speakers

11:30 a.m. - 12:30 p.m.
Seven-Minute Presentations of Works in Progress - Part II

16th Annual Faculty Conference

Kent/Surrey Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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  • Prof. Josh Blackman, South Texas College of Law, "What Happens if Data is Speech?"
  • Prof. Marc Edelman, CUNY, "The NCAA's 'Death Penalty' Sanction - Reasonable Self-Governance or an Illegal Group Boycott in Disguise"
  • Prof. Sean Griffith, Fordham University School of Law, "Confronting the Peppercorn Settlement in Merger Litigation: An Empirical Analysis and a Proposal for Reform"
  • Prof. Andrew Schwartz, University of Colorado Law School, "Corporate Independence as a Public Good"
  • Prof. Stephen Ware, University of Kansas Law School, "Vacating Arbitration Awards that Do Not Correctly Apply the Law"
  • Moderator: Prof. George Mocsary, Southern Illinois University School of Law

Speakers

12:30 p.m. - 2:30 p.m.
Lunch Debate: Is Privacy Regulation Likely to Reduce the Value of the Internet?

16th Annual Faculty Conference

Topics: Fourth Amendment • Security & Privacy
Essex Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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Is Privacy Regulation Likely to Reduce the Value of the Internet? - Event Audio/VideoThe Federalist Society's Faculty Division hosted a debate that asked "Is Privacy Regulation Likely to Reduce the Value of the Internet?" on Saturday, January 4, 2014, during the 16th Annual Faculty Conference.

  • Prof. Paul Rubin, Emory University School of Law
  • Prof. Ryan Calo, University of Washington School of Law
  • Moderator: Prof. William Kovacic, George Washington University Law School

Speakers

3:00 p.m. - 5:00 p.m.
Young Legal Scholars Paper Presentations

16th Annual Faculty Conference

Topics: Administrative Law & Regulation • Constitution • Federalism • Security & Privacy • Federalism & Separation of Powers • International & National Security Law
Kent/Surrey Room
Warwick New York Hotel
65 W 54th St.
New York, NY 10019

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Young Legal Scholars Paper Presentations - Event Audio/VideoThe Federalist Society's Faculty Division hosted this panel featuring young legal scholar paper presentations on Saturday, January 4, 2014, during the 16th Annual Faculty Conference.

  • Prof. Andrew Kent, Fordham University School of Law, "Are Damages Different? Bivens and National Security"
  • Prof. Joshua Kleinfeld, Northwestern University School of Law, "Redressive Justice"
  • Dr. Robert Leider, Law Clerk to the Hon. Diane Sykes, "Federalism and the Military Power of the United States"
  • Prof. Aaron Nielson, BYU Law School, "In Defense of Formal Rulemaking"
  • Prof. Ozan Varol, Lewis & Clark Law School, "Temporary Constitutions"
  • CommenterProf. Thomas Merrill, Columbia Law School 
  • Moderator: Prof. Steven Calabresi, Northwestern Law School

Speakers

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