Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
811 7th Avenue
New York, NY 10019
The 18th Annual Federalist Society Faculty Conference was held on January 8-9, 2016 at the Sheraton New York Times Square Hotel, the co-lead hotel for the AALS Annual Meeting, and all events and speakers were cross-listed in the AALS Annual Meeting Program.
The conference featured panels on the new skeptics of Chevron deference, upward redistribution and rent seeking, and the legal impact of American multiculturalism. The annual luncheon debate considered whether the FCC has authority to implement net neutrality.
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8:45 a.m. - 10:15 a.m.
Panel: The New Chevron Skeptics
18th Annual Faculty Conference
| Topics: | Administrative Law & Regulation • Separation of Powers • Supreme Court • Federalism & Separation of Powers |
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Central Park West
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Event Video
Description
When Chevron was first decided it was generally welcomed on the right side of the political spectrum as a principled method constraining judicial discretion and permitting the executive to exert policy control over the administrative state. But as the administrative state continues to grow, some now see Chevron as removing an important check on government power and an abdication of the judiciary’s authority to say what the law is. Some members of the Supreme Court are now open to reconsidering judicial deference to agency action, at least in certain areas, such as determining their own jurisdictions and interpreting their own regulations. The panel will consider the extent to which the new skepticism toward Chevron in particular and judicial deference to agencies in general is justified.
This panel took place during the 18th Annual Faculty Conference at the Sheraton New York Times Square Hotel in New York, NY on January 8, 2016.
Welcome
- Dean Blake D. Morant, President, Association of American Law Schools & Dean and Robert Kramer Research Professor of Law, George Washington University Law School and
- Dean Kellye Y. Testy, President Elect, Association of American Law Schools & Toni Rembe Dean & Professor of Law, University of Washington School of Law
- Introduction: Hon. Lee Liberman Otis, Senior Vice President & Faculty Division Director, The Federalist Society
Panel: The New Chevron Skeptics
- Prof. Michael Herz, Yeshiva University Benjamin N. Cardozo School of Law
- Prof. Jeffrey Pojanowski, University of Notre Dame Law School
- Prof. Peter Strauss, Columbia Law School
- Prof. Christopher Walker, The Ohio State University Moritz College of Law
- Moderator: Prof. John McGinnis, Northwestern University School of Law
Speakers
10:30 a.m. - 11:45 a.m.
7 Minute Presentations of Works in Progress Panel 1-B
18th Annual Faculty Conference
Liberty 5
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Description
- Moderator: Prof. Stephen J. Ware, Univeristy of Kansas School of Law
- Prof. Nadia Ahmad, Barry University Dwayne O. Andreas School of Law: “Tribes and Pipelines: Resuscitating the Right of Way Doctrine in Indian Country”
- Prof. Gregory Dolin, University of Baltimore School of Law & Prof. Irina Manta, Hofstra University Maurice A. Deane School of Law: “Taking Patents”
- Prof. Jeremy Kidd, Mercer University Walter F. George School of Law: “Hedge Funds Regulation and Special Interests”
- Prof. Irina Manta, Hofstra University Maurice A. Deane School of Law & Prof. Gregory Dolin, University of Baltimore School of Law: "Parallel State"
- Prof. George Mocsary, Southern Illinois University School of Law: “Freedom of Corporate Purpose”
- Prof. Guy Rub, The Ohio State University Mortiz College of Law: "Copyright is alive: ProCD, 20 years later"
- Prof. James Spindler, The University of Texas at Austin School of Law: “Vicarious Liability for Managerial Myopia”
Speakers
10:30 a.m. - 11:45 a.m.
7 Minute Presentations of Works in Progress Panel 1-A
18th Annual Faculty Conference
Liberty 4
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Description
- Moderator: Prof. George W. Dent, Jr., Case Western Reserve University School of Law
- Prof. Aaron "Chris" Bryant, University of Cincinnati College of Law: “Constitutional Law from the Ground Up: How the Prohibition on ‘Under-Ruling’ Distorts the Judicial Function”
- Prof. Antony Kolenc, Florida Coastal School of Law: “Religion Lessons from Europe: Intolerant Secularism, Benevolent Neutrality, and the Supreme Court”
- Prof. Lawrence Rosenthal, Chapman University Dale E. Fowler School of Law: “Compulsion”
- Prof. Ilya Somin, George Mason School of Law: “Democracy and Political Ignorance: Why Smaller Government is Smarter”
- Prof. Robert Steinbuch, University of Arkansas at Little Rock School of Law: "The Intersection of Freedom of Information Acts and Affirmative Action in Public Law Schools"
- Prof. Seth Barrett Tillman, Maynooth University Department of Law: “Ex Parte Merryman: Myth, History, and Scholarship”
- Prof. Sandor Udvary, Károli Gáspár University of the Reformed Church in Hungary: “Codification of the Hungarian Civil Procedure”
Speakers
12:00 p.m. - 2:00 p.m.
Luncheon Debate: RESOLVED: The FCC Does Not Have the Legal Authority to Implement Net Neutrality
18th Annual Faculty Conference
| Topics: | Administrative Law & Regulation • First Amendment • Separation of Powers • Telecommunications & Electronic Media |
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Riverside Ballroom
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Event Video
Description
The FCC derives its legal authority almost entirely from statutes that predate the Internet--primarily from the 1934 Communications Act, which was designed for the regulation of a national telephone monopolist, and the 1996 Telecommunications Act, which was designed to incrementally deregulate the communications industry as the vestiges of that national monopoly gave way to competition. Over the past 20 years, the Internet has become the foundation of the communications industry, playing a role similar to that of the monopoly-provided telecommunications services that the FCC has traditionally regulated. There is unquestionably more competition today than there was in 1934, but perhaps not as much as was hoped in 1996. The FCC’s Open Internet Order, in which the FCC brought Internet Service Providers within the regulatory framework initially created in 1934, presents a compelling example of an agency struggling to find a new role in a changed industry – struggling to imbue old statutes with broad grants of power to govern what the FCC, but perhaps not Congress, believes are issues properly within its ambit. In doing so, the Order thrusts the FCC into current debates about the scope of the administrative state, the potential revival of the major questions doctrine, and the potential demise of Chevron. Framed by these issues, this debate will consider whether the FCC’s Open Internet Order fits within the agency’s statutory authority.
This debate took place during the 18th Annual Faculty Conference at the Sheraton New York Times Square Hotel in New York, NY on January 8, 2016.
Luncheon Debate: Resolved: The FCC does not have the legal authority to implement net neutrality
- Prof. Adam Candeub, Michigan State University School of Law
- Prof. Justin (Gus) Hurwitz, Nebraska College of Law
- Mr. Geoffrey Manne, International Center for Law and Economics
- Prof. James Speta, Northwestern University School of Law
- Moderator: Prof. Daniel Lyons, Boston College Law School
Speakers
2:15 p.m. - 4:15 p.m.
Young Legal Scholars Paper Presentations
18th Annual Faculty Conference
| Topics: | Civil Rights • Constitution • Federal Courts • Federalism • Litigation • Federalism & Separation of Powers |
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Central Park West
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Event Video
Description
This panel was part of the 18th Annual Federalist Society Faculty Conference held on January 8, 2016 at the Sheraton New York Times Square Hotel New York, NY.
Young Legal Scholars Paper Presentations
- Prof. Tara Leigh Grove, William & Mary Law School: “When Can a State Sue the United States?”
- Prof. Jeremy Kidd, Mercer University Walter F. George School of Law: “Neither Savior Nor Bogeyman: What Lies Behind the Door of Third-Party Litigation Finance?”
- Prof. Randy Kozel, University of Notre Dame Law School & Prof. Jeffrey Pojanowski, University of Notre Dame Law School: “Discretionary Dockets”
- Prof. Ozan Varol, Lewis & Clark Law School: "Structural Rights"
- Mr. Ilan Wurman, Winston & Strawn: "Constitutional Administration"
- Commenter: Prof. James Lindgren, Northwestern University School of Law
- Commenter: Prof. Thomas Lee, Fordham University School of Law
- Moderator: Prof. Saikrishna Prakash, University of Virginia School of Law
Speakers
4:30 p.m. - 6:00 p.m.
Panel: Upward Redistribution, Government Policy, and Rent Seeking
18th Annual Faculty Conference
| Topics: | Financial Services • Law & Economics • Administrative Law & Regulation |
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Central Park West
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Event Video
Description
This panel will consider to what extent the disproportionate increase in income among the very wealthy is due not to market forces but to rent seeking and government policies that are the product of rent seeking. It will also discuss possible solutions.
This panel took place during the 18th Annual Faculty Conference at the Sheraton New York Times Square Hotel in New York, NY on January 8, 2016.
Panel: Upward Redistribution, Government Policy, and Rent Seeking
- Prof. David Snyder, American University Washington College of Law
- Prof. Ilya Somin, George Mason School of Law
- Prof. James Stern, William & Mary Law School
- Moderator: Prof. Jonathan H. Adler, Case Western Reserve University School of Law
Speakers
9:00 a.m. - 10:45 a.m.
Panel: American Multiculturalism: Its Force and Limits From 1776 to Today
18th Annual Faculty Conference
| Topics: | Civil Rights • Constitution • Culture • Federalism • First Amendment • Founding Era & History • Politics • Property Law |
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Central Park West
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Event Video
Description
Since before the Revolution, American legal and political traditions have supported many forms of multiculturalism, through institutions such as freedom of association, religious liberty, parental rights, freedom of speech, private property, federalism, often open immigration policy, and the like. And those traditions have likewise imposed constraints on such multiculturalism. What can those traditions tell us about today’s multiculturalism debates?
This panel took place during the 18th Annual Faculty Conference at the Sheraton New York Times Square Hotel in New York, NY on January 9, 2016.
Panel: American Multiculturalism: Its Force and Limits From 1776 to Today
- Prof. Mary Anne Case, University of Chicago Law School
- Prof. John C. Eastman, Chapman University School of Law
- Prof. Richard W. Garnett, University of Notre Dame Law School
- Ms. Heather Mac Donald, Manhattan Institute
- Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center
Speakers
11:00 a.m. - 12:15 p.m.
7 Minute Presentations of Works in Progress Panel 2-A
18th Annual Faculty Conference
Liberty 4
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Description
- Moderator: Prof. Stephen E. Sachs, Duke University School of Law
- Prof. Josh Blackman, South Texas College of Law: "Collective Liberty"
- Prof. Adam Candeub, Michigan State University College of Law: "The Administrative State Ideology and the Constitution"
- Prof. Christopher Green, University of Mississippi School of Law: "Clarity and Reasonable Doubt in Early State-Constitutional Judicial Review"
- Prof. Earl Maltz, Rutgers Law School: "Originalism, the Reapportionment Cases, and Democratic Theory"
- Prof. Irina Manta, Hofstra University Maurice A. Deane School of Law & Prof. Cassandra Robertson, Case Western Reserve University School of Law: "Secret Jurisdiction"
- Prof. James Phillips, Law Clerk, Utah Supreme Court; Mr. Daniel Ortner, Law Clerk, Utah Supreme Court; Hon. Thomas R. Lee, Associate Justice, Utah Supreme Court: "Corpus Linguistics and Original Public Meaning: A New Tool to Make Originalism More Empirical"
- Prof. Shruti Rajagopalan, SUNY Purchase College: “Political Entrepreneurship and Amendments to the Indian Constitution”
Speakers
11:00 a.m. - 12:15 p.m.
7 Minute Presentations of Works in Progress Panel 2-B
18th Annual Faculty Conference
Liberty 5
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Sheraton New York Times Square Hotel
811 7th Avenue
New York, NY 10019
Description
- Moderator: Prof. Daniel Lyons, Boston College Law School
- Mr. Mihailis Diamantis, Columbia Law School: “Perfect Criminals: A Theory of Corporate Punishment”
- Prof. Brian Frye, University of Kentucky College of Law: “IP as Charity”
- Prof. Justin (Gus) Hurwitz, University of Nebraska-Lincoln College of Law: “An Economic Theory of Law and Technology”
- Prof. Bradley Scott Shannon, Florida Coastal School of Law: “Where Have You Gone, Judicial Process?”
- Prof. Erin Sheley, University of Calgary Faculty of Law & Mr. Ted Frank, Class Action Fairness Center: “Prospective Injunctive Relief and Class Settlements”
- Prof. James Y. Stern, William & Mary Law School: "Intellectual Property and the Myth of Nonrivalry"
- Prof. Angela Walch, St. Mary's School of Law: “The Hidden Fiduciaries of Decentralized Virtual Currencies”
