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2014 National Lawyers Convention

Millennials, Equity and the Rule of Law

November 13 — 15, 2014

The Federalist Society's 2014 National Lawyers Convention was held on Thursday, November 13 through Saturday, November 15 at the Mayflower Hotel in Washington, D.C. The topic of the convention was: Millennials, Equity and the Rule of Law.

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9:00 a.m. - 9:45 a.m.
2014 National Lawyers Convention Opening with Justice Scalia

2014 National Lawyers Convention

Topics: Constitution • Federalist Society • Founding Era & History • Separation of Powers • Supreme Court
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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United States Supreme Court Justice Antonin Scalia opened the 2014 National Lawyers Convention on November 13 at the Mayflower Hotel in Washington, DC. Justice Scalia discussed the importance of Magna Carta.

Featuring:

  • Hon. Antonin Scalia, United States Supreme Court
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

Speakers

9:45 a.m. - 11:30 a.m.
Showcase Panel I: Youth, Employment, and the Law

2014 National Lawyers Convention

Topics: Civil Rights • Corporations, Securities & Antitrust • Culture • Labor & Employment Law • Law & Economics
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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This panel will examine intergenerational equity issues raised by employment discrimination laws, including those protecting the elderly from discrimination.  Those laws, minimum wage laws, laws favoring unionization, and laws countering arbitrary dismissal have obvious appeal.  But many of those very laws greatly raise the costs to business of entry-level hiring.  One consequence may be that many young people are only able to enter the work force as interns or fellows.  This may be especially true for minorities.  Are these costs worth the benefits?  Is there some middle ground?

The Federalist Society's Practice Groups presented this showcase panel on "Youth, Employment and the Law" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law, and James Parker Hall Distinguished Service Professor of Law, University of Chicago Law School
  • Hon. Chai Rachel Feldblum, U.S. Equal Employment Opportunity Commission
  • Hon. Gail Heriot, U.S. Commission on Civil Rights, and Professor, University of San Diego School of Law
  • Prof. J. Hoult "Rip" Verkerke, Director, Program for Employment and Labor Law Studies, University of Virginia School of Law
  • Moderator: Hon. Jennifer W. Elrod, U.S. Court of Appeals, Fifth Circuit

Speakers

11:45 a.m. - 1:45 p.m.
Religious Liberty after Hobby Lobby

2014 National Lawyers Convention

Topics: Constitution • First Amendment • Religious Liberty • Supreme Court • Religious Liberties
State Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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The U.S. Supreme Court’s 2013-14 Term included two major religion cases, Town of Greece v. Galloway and Burwell v. Hobby Lobby. In Galloway, the Court held that prayers offered by local clergy at the start of town board meetings did not violate the Establishment Clause. In Hobby Lobby, the Court held that the Religious Freedom Restoration Act required that corporations whose owners object to the HHS contraceptive mandate be exempt from it.  The panel will explore, from a range of perspectives, the significance of Hobby Lobby and the religious freedom jurisprudence of the Roberts Court.  Among the topics to be considered are the analysis under RFRA of the government’s compelling interest and the narrow tailoring requirements, the interplay between religious exemptions and the Establishment Clause, emerging issues at the intersection of religious freedom and anti-discrimination laws, ongoing challenges to the HHS contraceptive mandate, and the legacy of Hobby Lobby for future First Amendment and religious freedom cases.

The Federalist Society's Religious Liberties Practice Groups presented this panel on "Religious Liberty after Hobby Lobby" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Kim Colby, Senior Counsel, Christian Legal Society
  • Prof. William P. Marshall, William Rand Kenan, Jr. Distinguished --Professor of Law, University of North Carolina School of Law
  • Prof. Robin Fretwell Wilson, Roger and Stephany Joslin Professor of Law and Director, Program in Family Law and Policy, University of Illinois College of Law
  • Moderator: Hon. Diarmuid F. O’Scannlain, U.S. Court of Appeals for the 9th Circuit
  • Introduction: Mr. William L. Saunders, Senior Vice President and Senior Counsel, Americans United for Life and Chairman, Religious Liberties Practice Group

Speakers

11:45 a.m. - 1:45 p.m.
Roundtable: Teaching Law: Tenure-track, Adjunct, and Clinical Pathways

2014 National Lawyers Convention

Pennsylvania Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Sponsored by the Faculty Division

  • Prof. Jodi S. Balsam, Associate Professor of Clinical Law and Director of Civil Externship Programs, Brooklyn Law School
  • Prof. Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
  • Prof. Beth Kregor, Lecturer in Law and Director of The Institute for Justice Clinic on Entrepreneurship, University of Chicago Law School
  • Prof. Greg Maggs, Professor of Law; Co-director, National Security and U.S. Foreign Relations Law Program, George Washington University Law School
  • Mr. David H. Thompson, Managing Partner, Cooper & Kirk, PLLC and Adjunct Professor of Law, Georgetown University Law Center
  • Moderator: Hon. Lee Otis, Senior Vice President & Faculty Division Director, The Federalist Society

Speakers

11:45 a.m. - 1:45 p.m.
The Short-Termism Debate

2014 National Lawyers Convention

Topics: Corporations, Securities & Antitrust • Law & Economics
East Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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For thirty years, the economic analysis of corporate law has been based on the assumption that shareholder value is a reliable proxy for social welfare.  However, for some time now, the large majority of the shares in some public companies have been held by institutional investors, including pension funds and mutual funds.  These investors have some incentive to favor short-term profits at the expense longer-term benefits.  Can shareholder value still be reliably equated with social welfare?  Or does the current incentive structure encourage the misallocation of resources and a net social loss?

The Federalist Society's Corporations, Securities & Antitrust Practice Groups presented this panel on "The Short-Termism Debate" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Prof. Lucian A. Bebchuk, William J. Friedman and Alicia Townsend Friedman Professor of Law, Economics, and Finance and Director of the Program on Corporate Governance, Harvard Law School
  • Prof. Jonathan R. Macey, Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School
  • Prof. Robert T. Miller, Professor of Law and F. Arnold Daum Fellow in Corporate Law, University of Iowa College of Law
  • Mr. Steven A. Rosenblum, Wachtell, Lipton, Rosen & Katz
  • Moderator: Hon. E. Norman Veasey, Former Chief Justice, Delaware Supreme Court

Speakers

2:00 p.m. - 3:30 p.m.
Copyright Revision

2014 National Lawyers Convention

Topics: Intellectual Property • Telecommunications & Electronic Media
State Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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The U.S. Supreme Court has in the past several years begun to take several intellectual property cases each term, often including important copyright cases, like last term’s American Broadcasting Companies, Inc. v. Aereo, Inc.  At the same time, the legislature has already substantially revised patent rights, seems to be ready to revisit patent rights yet again, and is poised to consider revisions to copyright.  On the table seem to be issues of the length of copyright term, fair use, and more.  Our panel of experts will discuss the past present and future of IP and copyright.

The Federalist Society's Intellectual Property Practice Group presented this panel on "Copyright Revision" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Danielle Aguirre, Senior Vice President, Business & Legal Affairs, National Music Publishers’ Association
  • Mr. Usman Ahmed, Policy Counsel, eBay Inc.
  • Prof. David S. Olson, Associate Professor of Law, Boston College Law School
  • Ms. Katherine A. Oyama, Senior Copyright Policy Counsel, Google, Inc.
  • Prof. Mark F. Schultz, Senior Scholar and Director of Academic Programs, Center for the Protection of Intellectual Property, George Mason University School of Law; Law Professor, Southern Illinois University
  • Moderator: Hon. Douglas H. Ginsburg, U.S. Court of Appeals, D.C. Circuit; Professor of Law, George Mason University

Speakers

2:00 p.m. - 3:30 p.m.
The Minimum Wage

2014 National Lawyers Convention

Topics: Labor & Employment Law • Law & Economics
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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In January 2014, in his State of the Union Address, President Obama called on Congress to raise the national minimum wage to $10.10 an hour.  In February, President Obama used his pen to raise the minimum wage for employees working on government contracts to $10.10 through an Executive Order.  This panel will explore the policy and economics of increasing the minimum wage, which the White House asserts will lift wages for millions of Americans and boost the bottom lines of businesses.

The Federalist Society's Labor & Employment Law Practice Group presented this panel on "The Minimum Wage" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Mr. Ross Eisenbrey, Vice President, Economic Policy Institute and former Member, U.S. Occupational Safety and Health Review Commission
  • Ms. Diana Furchtgott-Roth, Senior Fellow, Manhattan Institute for Policy Research, former chief economist, U.S. Department of Labor
  • Mrs. Karen R. Harned, Executive Director, National Federation of Independent Business Small Business Legal Foundation
  • Hon. David Weil, Administrator, Wage and Hour Division, U.S. Department of Labor
  • Moderator: Hon. William F. Kuntz, II, United States District Court, Eastern District of New York

Speakers

3:45 p.m. - 5:15 p.m.
Competition Policy in the Telecommunications Space

2014 National Lawyers Convention

Topics: Law & Economics • Telecommunications & Electronic Media
East Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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In today’s rapidly evolving telecommunications landscape, the development of new technologies and distribution platforms are driving innovation and growth at a breakneck speed across the Internet ecosystem.  Broadband connectivity is increasingly important to our civil discourse, our economy, and our future.  What is the proper role of government in facilitating robust investment and competition in this critical sector?  When technology companies constantly have to reinvent themselves and adapt to survive – what role should government play?  Our panel of experts will discuss the current regulatory environment and how government policies – particularly regarding transactions and the Open Internet proceeding – could affect the competitive marketplace.

The Federalist Society's Telecommunications & Electronic Media Practice Group presented this panel on "Competition Policy in the Telecommunications Space" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Mr. Gene Kimmelman, President and CEO, Public Knowledge
  • Hon. Maureen K. Ohlhausen, Federal Trade Commission
  • Hon. Michael O’Rielly, Federal Communications Commission
  • Prof. Christopher S. Yoo, John H. Chestnut Professor of Law, Communication, and Computer & Information Science, and Director, Center for Technology, Innovation & Competition, University of Pennsylvania Law School
  • Moderator: Hon. Stephen F. Williams, Senior Circuit Judge, U.S. Court of Appeals, D.C. Circuit

Speakers

3:45 p.m. - 5:15 p.m.
Time to Revisit Chevron Deference?

2014 National Lawyers Convention

Topics: Jurisprudence • Litigation • Separation of Powers • Supreme Court
State Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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This panel will explore how judicial deference to agency decisionmaking has evolved since the seminal Supreme Court decision in Chevron v. NRDC and whether it is time to revisit the doctrine of "Chevron deference."  The panelists will discuss questions such as whether Chevron deference has led courts to take such a hands-off approach in litigation against agency action that the agencies have become an unaccountable fourth branch of government.  Or is Chevron deference a doctrine that is necessary to keep courts from becoming policymaking bodies?  They will discuss the real-world implications of Chevron deference from the perspective of regulated parties and whether there are any practical alternatives to Chevron deference.  The panel will also explore related doctrines of judicial deference, such as so-called Auer deference, and whether lower courts have taken that deference beyond what the Supreme Court intended.

The Federalist Society's Litigation Practice Group presented this panel on "Time to Revisit Chevron Deference?" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Prof. Jack M. Beermann, Harry Elwood Warren Scholar Professor of Law, Boston University School of Law
  • Hon. Charles J. Cooper, Partner, Cooper & Kirk, PLLC, and former Assistant U.S. Attorney General for the Office of Legal Counsel
  • Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia University School of Law
  • Prof. Amy Wildermuth, Associate Vice President for Faculty, Senior Vice President Academic Affairs - Operations, University of Utah S.J. Quinney College of Law
  • Moderator: Hon. Don R. Willett, Texas Supreme Court
  • Introduction: Hon. Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy United States Department of Justice; and Chairman, Litigation Practice Group

Speakers

3:45 p.m. - 5:15 p.m.
The President's Duty to Take Care that the Law Be Faithfully Executed

2014 National Lawyers Convention

Topics: Federalism • Philosophy • Separation of Powers • Federalism & Separation of Powers
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Is President Obama failing in this basic obligation of the President?  Allegations of lawlessness have been made about his decisions not to enforce the immigration law, to suspend some requirements of the Affordable Care Act, and to flout Congress’s requirement of thirty-day notice before freeing prisoners from Guantanamo.  Are these fair charges or does the President enjoy inherent constitutional power or specific statutory authority to decline enforcement?  What should be Congress’s reaction to non-enforcement?  Does this pattern of non-enforcement imply anything more general about the President’s legal or political philosophy?

The Federalist Society's Federalism & Separation of Powers Practice Group presented this panel on "The President's Duty to Take Care that the Law Be Faithfully Executed" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Dr. John S. Baker, Jr. Visiting Professor of Law, Georgetown University Law Center; Professor Emeritus of Law, Dale E. Bennett Professor of Law, Louisiana State University Law School
  • Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC
  • Prof. Neal E. Devins, Goodrich Professor of Law, Cabell Research Professor, Professor of Government, Director, Institute of Bill of Rights Law; and Director, Election Law Program, The College of William & Mary
  • Prof. Christopher H. Schroeder, Charles S. Murphy Professor of Law and Public Policy Studies; Co-Director of the Program in Public Law, Duke Law School
  • Moderator: Hon. Thomas B. Griffith, U.S. Court of Appeals, D.C. Circuit
  • Introduction: Dr. John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007 – 2010); and Director, Center for Constitutional Jurisprudence, Dale E Fowler School of Law, Chapman University; and Chairman, Federalism & Separation of Powers Practice Group

Speakers

7:00 p.m. - 10:00 p.m.
Lawyers Convention Annual Dinner

2014 National Lawyers Convention

Topics: Constitution • Federalist Society • Supreme Court
Marriott Marquis Washington, DC
901 Massachusetts Ave NW
Washington, DC 20001

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  • Hon. Samuel A. Alito, Jr., United States Supreme Court
  • Mr. Adam G. Ciongoli, Executive Vice President and General Counsel, Lincoln Financial Group; former Law Clerk for Justice Alito
  • Hon. David M. McIntosh, Mayer Brown; Vice Chairman, The Federalist Society
  • Mr. Eugene B. Meyer, President, The Federalist Society

Speakers

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9:00 a.m. - 10:15 a.m.
Diversity Jurisdiction from Strawbridge to CAFA

2014 National Lawyers Convention

Topics: Federal Courts • Federalism • Separation of Powers • Federalism & Separation of Powers
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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In a recent article, constitutional lawyer Charles Cooper argued that federal courts have erred by too narrowly construing their statutory grants of diversity jurisdiction. Mr. Cooper urges the courts to recognize much broader federal jurisdiction based on diversity of citizenship as a matter of both statutory and constitutional interpretation.  Others have called on Congress to consider legislation that would expand federal courts' diversity jurisdiction to include all cases in which any two parties come from different states.  Our panel will include members of the federal judiciary to discuss whether (and if so, how) federal court jurisdiction should be expanded.

The Federalist Society's Practice Groups presented this panel on "Diversity Jurisdiction from Strawbridge to CAFA" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Hon. Charles J. Cooper, Partner, Cooper & Kirk, PLLC, and former Assistant U.S. Attorney General for the Office of Legal Counsel
  • Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit
  • Hon.  J. Harvie Wilkinson III, United States Court of Appeals, Fourth Circuit
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Speakers

10:30 a.m. - 12:00 p.m.
Showcase Panel II: Intergenerational Equity and Social Security, Medicare, Obamacare, and Pensions

2014 National Lawyers Convention

Topics: Culture • Financial Services • Healthcare • Law & Economics • Security & Privacy
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Several major federal programs directly tax the young to provide benefits to the elderly.  This is a main feature of the Affordable Care Act, the Social Security System as it currently works, and of the laws guaranteeing pensions.  In addition, the national debt raises intergenerational equity issues.  What obligations do these debts impose on the young?  Are they all of a piece or are the answers different in each case?  Is it true that this generation is likely to be poorer than the previous one?  What role does our legal system play in this?  How will the law address pensions that contribute to bankrupting cities or states?  What is the nature of the Social Security contract?

The Federalist Society's Practice Groups presented this showcase panel on "Intergenerational Equity and Social Security, Medicare, Obamacare, and Pensions" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Hon. Christopher C. DeMuth, Distinguished Fellow, Hudson Institute, Inc., and former Administrator for Information and Regulatory Affairs, U.S. Office of Management and Budget
  • Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law
  • Prof. David A. Weisbach, Walter J. Blum Professor of Law and Senior Fellow, The Computation Institute of the University of Chicago and Argonne National Laboratory
  • Moderator: Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit

Speakers

12:00 p.m. - 2:00 p.m.
Criminal Sentencing Reform: A Conversation among Conservatives

2014 National Lawyers Convention

Topics: Criminal Law & Procedure • Due Process • Federal Courts • State Courts
State Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Although prison populations at the federal level have very recently declined for the first time in decades, prisoner population at the state level rose.  The cost of crime, some that can be measured and some that are impossible to measure, is undoubtedly high, but so too is the cost of incarceration.  Are we striking the right balance in length of sentences?  And what is the proper balance between latitude and sentencing guidelines for judges?  Do the answers to these questions differ for the state versus the federal criminal justice system?

The Federalist Society's Criminal Law & Procedure Practice Group presented this panel on "Criminal Sentencing Reform: A Conversation among Conservatives" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Mr. Marc A. Levin, Director, Center for Effective Justice, Texas Public Policy Foundation
  • Mr. John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation
  • Hon. Michael B. Mukasey, Partner, Debevoise & Plimpton LLP and former U.S. Attorney General
  • Prof. William G. Otis, Adjunct Professor of Law, Georgetown University Law Center
  • Moderator: Hon. William H. Pryor, Jr., U.S. Court of Appeals, Eleventh Circuit

Speakers

12:00 p.m. - 2:00 p.m.
Credit to Cronies: Government’s Heavy—IF Hidden—Hand

2014 National Lawyers Convention

Topics: Financial Services • Law & Economics • Financial Services & E-Commerce
Chinese Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Key to a vibrant and increasingly productive economy is an efficient credit allocation process -- the mechanism by which all forms of credit, and not just bank loans, flow to those who can make the best use of that credit.  Do  government regulations influence and therefore distort – intentionally or not – the allocation of credit within the U.S. economy?

Bank capital and liquidity standards, consumer lending requirements, lending rules enforced by the Consumer Bureau, the Community Reinvestment Act, and government-sponsored enterprises (notably Fannie Mae, Freddie Mac, and the Farm Credit System) among other federal programs steer credit to favorites based on government priorities.  Designating large financial firms as “systemically important financial institutions” might diminish their role as independent credit providers and subject them to further government direction.   Some argue that Federal Reserve monetary policy, which greatly influences all interest rates, has consequent credit-allocation effects.  Where did this all come from, where is it going, and what it means for the future of the economy will be questions for the panel.

The Federalist Society's Corporations, Securities & Financial Services & E-Commerce Practice Group presented this panel on "Credit to Cronies: Government’s Heavy—IF Hidden—Hand" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Mr. Edward J. DeMarco, Senior Fellow-in-Residence, Milken Institute
  • Mr. Bert Ely, Principal, Ely & Company, Inc.
  • Dr. Paul H. Kupiec, Resident Scholar, American Enterprise Institute
  • Moderator: Hon. Paul S. Atkins, Patomak Global Partners LLC; former Commissioner, U.S Securities & Exchange
  • Introduction: Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association; and Chairman, Financial Services & E-Commerce Practice Group

Speakers

12:00 p.m. - 2:00 p.m.
Sexual Assault on Campus

2014 National Lawyers Convention

Topics: Civil Rights • Due Process • Education Policy
East Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Sexual assault on campus is a serious issue—so serious that it is difficult for some to speak plainly about it.  As a result, disagreements abound—even about issues as fundamental as the definition of sexual assault.  This panel will discuss the nature and extent of sexual assault on campus.  It will examine the Department of Education’s “Dear Colleague” letter of April 4, 2011 on sexual violence, the numerous investigations that it has opened in colleges and universities around the country, and the effect they are having on campus.  It will also discuss the new  "Only Yes Means Yes," laws recently adopted in California and being considered around the country.  Among the questions that will be addressed are: How dangerous are our college campuses?  From where does the U.S. Department of Education derive the authority to address this issue?  Is due process being accorded to those who are accused of sexual assault?

The Federalist Society's Civil Rights Practice Group presented this panel on "Sexual Assult on Campus" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Heather Mac Donald, Thomas W. Smith Fellow, Manhattan Institute
  • Mr. Seth Galanter, Principal Deputy Assistant Secretary, Office for Civil Rights, U.S. Department of Education
  • Ms. Lara S. Kaufmann, Senior Counsel & Director of Education Policy for At-Risk Students, National Women's Law Center
  • Mr. Greg Lukianoff, President, Foundation for Individual Rights in Education
  • Moderator: Hon. Diane S. Sykes, U.S. Court of Appeals for the Seventh Circuit
  • Introduction: Hon. Gail Heriot, U.S. Commission on Civil Rights, and Professor, University of San Diego School of Law; and Chairman, Civil Rights Practice Group

Speakers

2:15 p.m. - 2:45 p.m.
Address by Carly Fiorina

2014 National Lawyers Convention

Topics: Administrative Law & Regulation • Corporations, Securities & Antitrust • Federalist Society • Intellectual Property • Law & Economics
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Carly Fiorina delivered this address at the 2014 National Lawyers Convention on Friday, November 14, 2014. She was introduced by Mr. Dean A. Reuter, Vice President & Director of Practice Groups at The Federalist Society.

Featuring:

  • Mrs. Carly Fiorina, Fiorina Group
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Speakers

2:45 p.m. - 3:15 p.m.
Address by Orrin Hatch

2014 National Lawyers Convention

Topics: Federalism • Federalist Society • Separation of Powers • Federalism & Separation of Powers
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Senator Orrin Hatch of Utah delivered this address at the 2014 National Lawyers Convention on Friday, November 14, 2014. He was introduced by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.

Featuring:

  • Hon. Orrin Hatch, U.S. Senate
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

Speakers

3:30 p.m. - 5:00 p.m.
How First Amendment Procedures Protect First Amendment Substance

2014 National Lawyers Convention

Topics: Constitution • First Amendment • Supreme Court • Free Speech & Election Law
State Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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While the substance of constitutional rights is always important, it is often the procedures surrounding the protection and enforcement of those rights that give them teeth – or defang them.  From the landmark case of New York Times v. Sullivan to the recently decided Susan B. Anthony List v. Driehaus, the procedures required before one can burden speech, or raise a successful defense under the First Amendment, are critical to the effective scope of the constitutional right.  This panel will explore the various procedural safeguards applied – or not applied – in the context of the Freedom of Speech.  What level of proof is required before speech may be restricted based on an otherwise valid interest?  When will a private party have standing to challenge a restriction on speech that may not yet be final but that has immediate adverse consequences, such as requiring a party to defend an investigation or rebut a preliminary government finding in the midst of an election campaign?  What safeguards should exist in administrative processes, such as IRS tax exemption rulings, where discretion may be used to punish speech or otherwise favor one viewpoint over another?  These and other examples all illustrate that even where the substance of First Amendment rights is well established, procedural loopholes or protections can reduce or enhance the effectiveness of those rights.

The Federalist Society's Free Speech & Election Law Practice Group presented this panel on "How First Amendment Procedures Protect First Amendment Substance" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Prof. Aaron H. Caplan, Loyola Law School, Los Angeles
  • Prof. Robert A. Destro, The Catholic University of America Columbus School of Law
  • Mr. Todd P. Graves, Graves Garrett LLC
  • Prof. Alan B. Morrison, Lerner Family Associate Dean for Public Interest and Public Service Law; Professorial Lecturer in Law, The George Washington University Law School
  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, University of California, Los Angeles School of Law
  • Moderator: Hon. David R. Stras, Associate Justice, Minnesota Supreme Court
  • Introduction: Mr. Erik S. Jaffe, Sole Practitioner, Erik S. Jaffe, PC; and Chairman, Free Speech & Election Law Practice Group

Speakers

3:30 p.m. - 5:00 p.m.
Who Defines International Law?

2014 National Lawyers Convention

Topics: Foreign Policy • International Law & Trade • Security & Privacy • International & National Security Law
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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This panel will consider the process for determining the content of international law, including the Law of Armed Conflict and International Humanitarian Law.  The International Committee of the Red Cross and other committees established by multilateral human rights conventions are often thought to enjoy a special competence in this process.  Should they?  The panel will discuss these questions, including the debate between the ICRC and the U.S. on counterterrorism measures and the legality of bulk surveillance for national security purposes.

The Federalist Society's International & National Security Law Practice Group presented this panel on "Who Defines International Law?" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Hon. John B. Bellinger, III, Partner, Arnold & Porter LLP, former Legal Adviser to the Department of State, former Senior Associate Counsel to the President, and former Legal Adviser to the National Security Council
  • Prof. Ryan Goodman, Anne and Joel Ehrenkranz Professor of Law, New York University School of Law 
  • Prof. Michael W. Lewis, Ella A. and Ernest H. Fisher Professor of Law, Ohio Northern University
  • Prof. Deborah Pearlstein, Yeshiva University, Benjamin N. Cardozo School of Law
  • Prof. John Choon Yoo, Emanuel S. Heller Professor of Law, University of California, Berkeley School of Law
  • Moderator: Hon. Carlos T. Bea, U.S. Court of Appeals for the 9th Circuit
  • Introduction: Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law

Speakers

5:30 p.m. - 6:15 p.m.
14th Annual Barbara K. Olson Memorial Lecture

2014 National Lawyers Convention

Topics: Federalist Society
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara K. Olson was murdered in the terrorist attacks against the United States as a passenger on the hijacked American Airlines flight that was flown into the Pentagon. The Federalist Society established this annual lecture in Barbara's memory because of her enormous contributions as an active member, supporter, and volunteer leader. Solicitor General Theodore B. Olson delivered the first lecture in November 2001. The lecture series continued in following years with other notable individuals. In 2014, Mr. John Allison, President and CEO of the Cato Institute, delivered the lecture. He was introduced by Mr. Eugene B. Meyer, President of the Federalist Society.

Featuring:

  • Mr. John A. Allison, President and CEO, Cato Institute; former Chairman and CEO, BB&T Corporation
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

For information about Barbara Olson and this lecture series, click HERE.

For a list of past lecturers, click HERE.

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9:00 a.m. - 10:30 a.m.
Showcase Panel III: Higher Education: Run for the Benefit of Students or Faculty or Administrators?

2014 National Lawyers Convention

Topics: Culture • Education Policy • Financial Services
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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**Due to technical difficulties, the first 20 minutes of this panel were not recorded.**

Success in today’s global economy virtually requires a college or post graduate degree, but colleges and law schools have raised tuition enormously.  The government subsidizes students to take huge loans to pay for college and law schools, loans which inflict an increasing burden on students, including law students, in a troubled economy.  Do these loans pay as much for faculty research and administrators as for direct student education?  Are faculties producing research that justifies these costs?  Are students getting a good deal now?  Could or will on line education provide students with similar education at a fraction of the cost?  Is it time to ask some hard questions about higher education?  Does education policy benefit average and below average students or does it merely benefit the top of the class?  This panel will focus to a significant degree on law schools.

The Federalist Society's Practice Groups presented this showcase panel on "Higher Education: Run for the Benefit of Students or Faculty or Administrators?" on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Prof. Paul F. Campos, University of Colorado Law School
  • Prof. Daniel Polsby, Dean and Professor of Law, George Mason University School of Law
  • Prof. Richard Kent Vedder, Ohio University
  • Moderator: Prof. Thomas D. Morgan, (retired), The George Washington University Law School

**Due to technical difficulties, the first 20 minutes of this panel were not recorded.**

Speakers

10:45 a.m. - 12:15 p.m.
Do the EPA’s CO2 Rules Go Too Far?

2014 National Lawyers Convention

Topics: Environmental & Energy Law • Environmental Law & Property Rights
East Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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On June 2, 2014, the Obama Administration took action that would require a 30 percent cut in carbon emissions at fossil fuel-burning power plants by 2030.  Some industry representatives and state officials contend that the goals are unattainable, and the required shut-down of even a fraction of the coal-burning power plants required will put several power grids at risk, particularly during the upcoming winter season.  Regulators site cost-benefit claims of seven to one – that is, for every dollar expended on compliance, seven dollars will be saved in other areas, largely health care.  Are the rules likely to be finalized?  If so, how must such reductions be accomplished?  How much latitude will states and private actors have in meeting the new requirements?

The Federalist Society's Environmental Law & Property Rights Practice Groups presented this panel on "Do the EPA’s CO2 Rules Go Too Far?" on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Mr. Paul Bailey, Senior Vice President for Federal Affairs and Policy, American Coalition for Clean Coal Electricity
  • Mr. Elbert Lin, Solicitor General, State of West Virginia
  • Prof. Robert Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, University of Maryland Francis King Carey School of Law
  • Mr. Robert M. Sussman, Principal, Sussman & Associates and former Senior Policy Counsel to EPA Administrator and EPA Deputy Administrator
  • Moderator: Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit

Speakers

10:45 a.m. - 12:15 p.m.
Without Standing, Are We All Sitting Ducks?

2014 National Lawyers Convention

Topics: Administrative Law & Regulation • Founding Era & History • Litigation
State Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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For a federal court to consider an issue, there must be a case or controversy, and the parties before the court must have standing, i.e., a stake in the outcome of the decision.  While standing is important in our system of justice, the courts are not the only avenue for relief (the ballot box, theoretically, being another).  This panel will explore the history, development and current status of standing doctrine in regulatory litigation, with particular focus on the extent to which standing and related justiciability requirements have come to serve as a shield against meaningful judicial review of agency actions.

The Federalist Society's Administrative Law & Regulation Practice Group presented this panel on "Without Standing, Are We All Sitting Ducks?" on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
  • Prof. Amanda Cohen Leiter, Associate Professor of Law, American University Washington College of Law   
  • Mr. Robert N. Weiner, Partner, Arnold & Porter LLP
  • Mr. Patrick Wyrick, Solicitor General, State of Oklahoma
  • Moderator: Hon. A Raymond Randolph, U.S. Court of Appeals for the D.C. Circuit
  • Introduction: Hon. Eileen O'Connor, Partner, Pillsbury Winthrop Shaw Pittman LLP; and Chairman, Administrative Law & Regulation Practice Group

Speakers

10:45 a.m. - 12:15 p.m.
“The Dog Ate My Emails!”: Document Retention Policies, Litigation Holds, and Legal Ethics

2014 National Lawyers Convention

Topics: Professional Responsibility & Legal Education
Chinese Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Once upon a time, corporations, government departments, and other entities made their own decisions about how long to retain documents created or received in the course of business.  Today, document retention policies can present difficult issues for the entities, for the lawyers who advise them, and for the courts that are called on to decide the consequences when documents are no longer available.  Particularly in the electronic age, where computers die, people delete their emails, and backups are not always reliable, document retention cannot be counted on.  What are an attorney’s obligations?  Should a lawyer bringing suit write to the other side and warn that entity not to engage in normal document destruction and to back up particularly important data?  Does the company being sued have to comply?  These are some of the questions that the panel will address.

In-house lawyers may face particular difficulties.  Does the lawyer represent only the institution, or does the lawyer also have obligations to the employees? Should the lawyer advise the employees to censor themselves in emails sent via the employer’s email system?  Should employees be encouraged to communicate about work through their personal email instead?  How does an in-house lawyer handle the conflicts between representing individuals who do not want to disclose discoverable emails for emails unrelated to ongoing litigation (perhaps because they made impolitic comments about their supervisors)?

Finally, the panel will discuss if there are special obligations for counsel representing government entities.  Government records have a unique status.  They document the conduct of public business and are necessary for transparency and, more formally, are subject to retention and preservation requirements.  Should lawyers advise government clients that backups cannot be destroyed for years, contrary to current IRS policy?  Should lawyers inform government employees that their personal emails, if discussing issues related to their work, may also be discoverable?  How does the government’s duty of transparency to the public affect its disclosure obligations and the lawyer’s corresponding obligations to her client?

The Federalist Society's Professional Responsibility & Legal Education Practice Group presented this panel on "'The Dog Ate My Emails!': Document Retention Policies, Litigation Holds, and Legal Ethics on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Jamie Brown, Global eDiscovery Counsel, UBS AG, and former Associate General Counsel, Commodities Futures Trading Commission
  • Mr. Daniel Epstein, Executive Director, Cause of Action
  • Mr. Patrick Oot, Partner, Shook Hardy & Bacon L.L.P., and former Senior Special Counsel for Electronic Discovery Office of the General Counsel, U.S. Securities and Exchange Commission
  • Mrs. Victoria A. Redgrave, Managing Partner, Redgrave LLP
  • Ms. Julie Goldsmith Reiser, Partner, Cohen Milstein Sellers & Toll PLLC
  • Moderator: Hon. Jerry Smith, U.S. Court of Appeals, Fifth Circuit
  • Introduction: Jack J. Park Jr., Of Counsel, Strickland Brockington Lewis LLP; and Chairman, Professional Responsibility & Legal Education Practice Group

Mayflower Hotel
Washington, DC

**Please note that this video is unedited. Skip to the 3 minute mark for the introductions."

Speakers

12:15 p.m. - 2:15 p.m.
Seventh Annual Rosenkranz Debate

2014 National Lawyers Convention

Topics: Fourth Amendment • Security & Privacy
Grand Ballroom
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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RESOLVED: Indiscriminate Collection of American Phone Records Violates the Fourth Amendment

The Seventh Annual Rosenkranz Debate was held on November 15, 2014, during The Federalist Society's 2014 National Lawyers Convention.

Featuring:

  • Hon. Michael B. Mukasey, Partner, Debevoise & Plimpton LLP and former U.S. Attorney General
  • Prof. Nadine Strossen, Professor of Law, New York Law School, and former President, American Civil Liberties Union, 1991 - 2008
  • Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

Speakers

2:15 p.m. - 4:00 p.m.
Showcase Panel IV: ROUNDTABLE: Is the Future of the American Dream Bright?

2014 National Lawyers Convention

Topics: Constitution • Culture • Law & Economics
State Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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America has always been a forward-looking country.  What is the future for our young – for the best and brightest – and for everyone else?  Does the American Dream still apply?  Does our current legal and regulatory system offer the young prospects for a more just and better society, or for an overregulated society that stifles enterprise and compromises individual liberty?  How do we balance these competing concerns and what role can and should our legal system play?  Finally, there has been much discussion recently about income inequality.  Are efforts to address that through law or taxes beneficial or harmful to the young and their vision of a better society?

The Federalist Society's Practice Groups presented this showcase panel on "Is the Future of the American Dream Bright?" on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Hon. Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy United States Department of Justice
  • Hon. Lanny J. Davis, Principal, Lanny J. Davis & Associates, former Special Counsel to the President, and former Member, Privacy and Civil Liberties Oversight Board
  • Prof. Neal K. Katyal, Paul and Patricia Saunders Professor of National Security Law and Director, Center on National Security and the Law, Georgetown University Law Center, Partner, HoganLovells US LLP, and former Acting U.S. Solicitor General
  • Dr. Charles A. Murray, W.H. Brady Scholar, American Enterprise Institute
  • Moderator: Ms. Karlyn Bowman, Senior Fellow and Research Coordinator, American Enterprise Institute

Speakers

4:00 p.m. - 5:00 p.m.
Saving Congress from Itself: Emancipating the states & Empowering Their People

2014 National Lawyers Convention

Topics: Administrative Law & Regulation • Federalism • Separation of Powers • State Governments • Federalism & Separation of Powers
State Room
The Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

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Saving Congress from Itself proposes a single reform: eliminate all federal grants-in-aid to state and local governments. This action would reduce federal spending by over $600 billion a year and have a profound effect on how we govern ourselves. The proliferation of federal grants-in-aid programs is of recent vintage: only about 100 such grants existed before Lyndon Johnson took office, and now they number more than 1,100. Eliminating grants to the states will result in enormous savings in federal and state administrative costs; free states to set their own priorities; and improve the design and implementation of programs now subsidized by Washington by eliminating federal regulations that attend the grants. In short, it will free states and their subdivisions to resume full responsibility for all activities that fall within their competence, such as education, welfare, and highway construction and maintenance. And because members of Congress spend major portions of their time creating grants and allocating funds assigned to them (think earmarks), eliminating grants will enable Congress to devote its time to responsibilities that are uniquely national in character.

The Federalist Society's Practice Groups presented this closing discussion on "Saving Congress from Itself: Emancipating the States & Empowering Their People" on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Hon. James L. Buckley, U.S. Court of Appeals for the D.C. Circuit (ret.) and former U.S. Senator
  • Dr. John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007 – 2010); and Director, Center for Constitutional Jurisprudence, Dale E Fowler School of Law, Chapman University
  • Prof. Michael S. Greve, Professor of Law, George Mason University School of Law
  • Moderator: Mr. Robert R. Gasaway, Partner, Kirkland & Ellis LLP

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