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17th Annual Faculty Conference

January 3 — 4, 2015

The 17th Annual Federalist Society Faculty Conference was held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC. It featured a debate between leading academics on the new Obamacare case, panels on topics such as "The Executive Power to Not Enforce the Law," and faculty presentations of competitively selected papers and works in progress.

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9:00 a.m. - 10:45 a.m.
Welcome & Panel I: The Executive Power to Not Enforce the Law

17th Annual Faculty Conference

   
Topics: Constitution • Separation of Powers • Federalism & Separation of Powers
Palladian Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

Welcome

  • Hon. Lee Liberman Otis, Senior Vice President & Director, Faculty Division
  • Prof. Daniel B. Rodriguez, President, Association of American Law Schools & Dean, Northwestern Law School

Panel: The Executive Power to Not Enforce the Law

  • Prof. John Harrison, University of Virginia School of Law
  • Prof. Gillian Metzger, Columbia Law School
  • Prof. Zachary Price, University of California Hastings College of Law
  • Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center
  • Moderator: Prof. Tara Grove, William & Mary Law School

Speakers

11:00 a.m. - 12:30 p.m.
7 Minute Presentations of Works in Progress Panel 1-A

17th Annual Faculty Conference

   
Palladian Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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  • Prof. Tara Grove, William and Mary Law School, "Reconsidering the Political Question Doctrine"
  • Prof. Ken Masugi, Johns Hopkins University, "The 13th Amendment as Completion of the American Founding: Toward an Originalist Jurisprudence"
  • Prof. James Maxeiner, University of Baltimore School of Law, "A Government of Laws Not of Precedents: Google's Challenge to Common Law Myth"
  • Prof. Michael Morley, Barry University School of Law, "Remedial Equilibration and the Right to Vote Under the Fourteenth Amendment"
  • Prof. Aaron Nielson, Brigham Young University Law School and Prof. Chris Walker, Ohio State University Moritz College of Law, "The New Qualified Immunity: Pearson's Pathologies and the Need for Reason Giving"
  • Prof. Ilya Somin, George Mason University School of Law, "The Mainstreaming of Libertarian Constitutionalism"
  • Prof. Thaddeus Williams, Trinity Law School, “Aretegenic Law: Can Virtue Be Legislated?”
  • Moderator: Prof. Bradley Smith, Capital University Law School

Speakers

11:00 a.m. - 12:30 p.m.
7 Minute Presentations of Works in Progress Panel 1-B

17th Annual Faculty Conference

   
Empire Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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  • Prof. Marco de Benito, IE Law School, "International Arbitration: A Principled Order"
  • Prof. Matthew Harrington, University of Montreal Faculty of Law, "Is It Charitable to Discriminate?"
  • Prof. Jake Linford, Florida State University College of Law, "Semantic Shift and Trademark Contexts"
  • Prof. Andrew Schwartz, University of Colorado Law School, "The Agency Costs of Crowdfunding"
  • Prof. Victoria Schwartz, Pepperdine University School of Law, "Overcoming the Public-Private Divide in Privacy Analogies"
  • Ms. Christina Parajon Skinner, Columbia Law School, "Transnational White-Collar Crime"
  • Prof. Stephen Ware, University of Kansas School of Law, "Arbitration and the Consumer Financial Protection Bureau: A Centrist Proposal"
  • Moderator: Prof. George Dent, Case Western Reserve University School of Law

 

Speakers

12:30 p.m. - 2:30 p.m.
Lunch Debate: Affordable Care Act Subsidies

17th Annual Faculty Conference

   
Topics: Administrative Law & Regulation • Healthcare • Separation of Powers • Federalism & Separation of Powers
Diplomat Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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Resolved, that the Affordable Care Act does not authorize subsidies for individuals purchasing health insurance through federal exchanges

This debate was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

  • Prof. Jonathan Adler, Case Western Reserve University School of Law
  • Prof. Nick Bagley, University of Michigan School of Law
  • Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center

Speakers

2:30 p.m. - 4:30 p.m.
Young Legal Scholars Paper Presentations

17th Annual Faculty Conference

   
Topics: Administrative Law & Regulation • Constitution • Contracts • Financial Services • Founding Era & History • Jurisprudence • Law & Economics • Litigation • Philosophy • Property Law
Palladian Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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In Memory of Prof. Dan Markel, Florida State University School of Law, Prawfsblawg Founder, and former Searle fellow

This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

  • Prof. William Baude, University of Chicago Law School, "Is Originalism the Law?"
  • Prof. Charles Korsmo, Case Western University School of Law, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
  • Prof. Minor Myers, Brooklyn Law School, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
  • Prof. Christopher Newman, George Mason University School of Law, "Bailment and the Property/Contract Interface"
  • Prof. Christopher Walker, Ohio State University Moritz College of Law, "Inside Agency Interpretation"
  • Prof. Kevin Walsh, University of Richmond School of Law, "In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions"
  • Commentor: Prof. James Lindgren, Northwestern University School of Law
  • Commentor: Prof. Keith Hylton, Boston University School of Law
  • Moderator: Prof. Richard Garnett, University of Notre Dame Law School

Speakers

4:45 p.m. - 6:30 p.m.
Debate: The Private Attorney General: Good or Bad

17th Annual Faculty Conference

   
Topics: Federalism • Separation of Powers • State Governments • Federalism & Separation of Powers
Palladian Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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This debate was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

  • Prof. Lester Brickman, Benjamin N. Cardozo School of Law
  • Prof. Brian Fitzpatrick, Vanderbilt Law School
  • Moderator: Prof. Jill Fisch, University of Pennsylvania Law School

Speakers

6:30 p.m. - 7:30 p.m.
Reception

17th Annual Faculty Conference

   
Diplomat Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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Co-Sponsored by The Fund for American Studies

  • Featured Guest: The Honorable Samuel Alito, The United States Supreme Court

Speakers

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9:30 a.m. - 11:15 a.m.
Panel II: The Administrative State: Within the Bounds of Law?

17th Annual Faculty Conference

   
Topics: Administrative Law & Regulation • Constitution • Separation of Powers • Federalism & Separation of Powers
Palladian Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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Event Video

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Description

This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

  • Prof. Michael Greve, George Mason University School of Law
  • Prof. Philip Hamburger, Columbia Law School
  • Prof. Kristin Hickman, University of Minnesota Law School
  • Prof. Richard Pierce, The George Washington University School of Law
  • Moderator: Prof. John McGinnis, Northwestern University School of Law

Speakers

11:30 a.m. - 1:00 p.m.
7 Minute Presentations of Works in Progress 2-B

17th Annual Faculty Conference

   
Empire Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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Description

  • Prof. Vince Buccola, University of Pennsylvania Wharton School of Business, "Toward a Federal Theory of the Firm: Corporate Rights and Organizational Neutrality"
  • Prof. Jim Chen, Michigan State University College of Law, "Legal Signal Processing"
  • Prof. Catherine Christopher, Texas Tech University School of Law, "Mobile Banking: the Answer for the Unbanked in America?"
  • Prof. Andy Grewal, University of Iowa College of Law, "Does the Lenity Principle Handcuff the Treasury?"
  • Ms. Marah Stith McLeod, Columbia Law School, "Does the Death Penalty Require Death Row?"
  • Prof. Mark Moller, DePaul University College of Law, "Agenda Setting and the Class Action"
  • Prof. Michael O'Shea, Oklahoma City University School of Law, "The Confrontational Constitution: Justice Scalia and the Bill of Rights"
  • Moderator: Prof. Julie Hill, University of Alabama School of Law

Speakers

11:30 a.m. - 1:00 p.m.
7 Minute Presentations of Works in Progress 2-A

17th Annual Faculty Conference

   
Palladian Ballroom
Omni Shoreham Hotel
2500 Calvert Street NW
Washington, DC 20008

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Description

  • Prof. Josh Blackman, South Texas College of Law,  "Gridlock and Executive Power"
  • Prof. Tara Helfman, Syracuse University College of Law, "The Dread Pirate Who? Challenges in Interpreting Treaty and Customary International Law in the United States"
  • Prof. Anthony Johnstone, University of Montana School of Law, "The Federalist Safeguards of Politics"
  • Prof. Jeff Pojanowski, Notre Dame Law School, "Reading Statutes in the Common Law Tradition"
  • Prof. Stephen Sachs, Duke University School Law and Prof. Will Baude, University of Chicago Law School, "The Law of Interpretation"
  • Mr. Ilan Wurman, Winston & Strawn, "Law Historians' Fallacies"
  • Moderator: Prof. Michael Moreland, Villanova University School of Law

 

Speakers

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