Federalist Society logo

2019 National Lawyers Convention

Originalism

November 14 — 16, 2019
Register

The 2019 National Lawyers Convention will take place on Thursday, November 14 through Saturday, November 16 at the Mayflower Hotel in Washington, D.C. For over three days, the convention will feature four Showcase Sessions discussing the Convention Theme of Originalism, sixteen breakout sessions sponsored by the Practice Groups, the Twelfth Annual Rosenkranz Debate, the Nineteenth Annual Barbara K. Olson Memorial Lecture, and the 2019 Antonin Scalia Memorial Dinner. Register now!

LodgingFeesCLE


2019 Antonin Scalia Memorial Dinner

With:

Collection of the Supreme Court of the United States
Collection of the Supreme Court of the United States

Hon. Brett M. Kavanaugh
Associate Justice,
Supreme Court of the United States

Union Station
50 Massachusetts Avenue NE
Washington, DC 20002
Thursday, November 14, 2019
Reception - 6:00 p.m.
Dinner - 7:00 p.m.
(ticketed event) BLACK TIE OPTIONAL
SOLD OUT


Nineteenth Annual Barbara K. Olson Memorial Lecture

Featuring:


Hon. William P. Barr

The Mayflower Hotel
1127 Connecticut Avenue NW
Friday, November 15, 2019
5:00 p.m.
(ticketed event)
SOLD OUT


Twelfth Annual Rosenkranz Debate

RESOLVED: The free exercise clause guarantees a constitutional right of religious exemption from general laws when such an exemption would not endanger public peace and good order.

Featuring:


Prof. Philip A. Hamburger
Maurice and Hilda Friedman
Professor of Law,
Columbia Law School
 

          and

 

 

 

 

 


Prof. Michael W. McConnell
Richard and Frances Mallery
Professor of Law and Director,
Constitutional Law Center,
Stanford Law School

The Mayflower Hotel
1127 Connecticut Avenue NW
Saturday, November 16, 2019
12:30 p.m.


Address by

Collection of the Supreme Court of the United States
Collection of the Supreme Court of the United States

Hon. Neil M. Gorsuch
Associate Justice,
Supreme Court of the United States

The Mayflower Hotel
1127 Connecticut Avenue NW
Saturday, November 16, 2019
4:30 p.m.


Showcase Sessions Discussing the Convention Theme:
"Originalism"

  • What Is Originalism? 
  • Why or Why Not, Be an Originalist? 
  • Does Originalism Protect Unenumerated Rights? 
  • Originalism and Precedent

Practice Group Breakout Sessions

  • Gundy v. U.S. and the Future of the Nondelegation Doctrine
  • Stare Decisis in Civil Rights Cases 
  • The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposals
  • The Wisdom and Legality of Sanctuary Cities 
  • Originalism and Constitutional Property Rights Jurisprudence 
  • Horizontal Federalism: May States Project their Sovereignty Beyond Their Borders? 
  • Money and the Constitution 
  • Freedom of Speech and Private Power
  • Economic Law & Policy as a Tool of National Security
  • Originalism and Changes in Technology
  • 51 Imperfect Solutions for the Ethical Practice of Law
  • Arbitration and #Metoo
  • Is It Time to End Life Tenure for Federal Judges?
  • The Future of the Establishment Clause in the Roberts Court
  • Telecommunications Law and Policy
  • Originalism, Populism, and the Second Amendment Right to Keep and Bear Arms

Up to 20 hours of Continuing Legal Education (CLE) credits available. Direct all CLE inquiries to the Federalist Society's national office - (202) 822-8138 or email cle@fedsoc.org.


Lodging

The Mayflower has sold out of all available rooms in the reserved room block at our contracted rate of $279. There may still be rooms available at the hotel's prevailing rate, but otherwise we suggest registrants look into other area hotels.

Reserve early! Washington, DC hotels are becoming booked very quickly for the fall convention season. To reserve overnight accommodations for the Convention, please contact The Mayflower directly:

The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Reservations Toll Free: 877-212-5752
Reservations Local Phone: 202-347-3000

Reservation Link: https://book.passkey.com/event/49941504/owner/1261/home

Cut off Date: October 21, unless rooms sell out sooner.

Inquire about the special rate of $279 per night offered to Federalist Society Convention registrants. Specify "Federalist Society" when contacting the Mayflower. All rooms at this rate are now sold out.


Convention Fees

Sessions Package* 
Private Sector
Non-Member
$575
Private Sector
Active Member
$450
Student/Non-Profit/Government
Non-Member
$350
Student/Non-Profit/Government
Active Member                                                
$250


*The Sessions Package includes all three days of sessions, CLE, and lunches as well as the Annual Rosenkranz Debate & Luncheon.

Individual Day** 
Non-Member$250 per day
Active Member$200 per day
Student Non-Member$60 per day
Student Active Member                                                $50 per day


**Individual day purchase includes that day’s sessions, CLE and lunch.  It does not include social events.

Social Events*** 
Antonin Scalia Memorial Dinner
Non-Member
SOLD OUT
$250
Antonin Scalia Memorial Dinner
Active Member
    SOLD OUT
$200
Barbara K. Olson Memorial Lecture & Reception
Non-Member
    SOLD OUT
$150
Barbara K. Olson Memorial Lecture & Reception         
Active Member
    SOLD OUT
$100

***The social events are now sold out. You may add yourself to the waitlists for the Antonin Scalia Memorial Dinner and the Olson Lecture & Reception. If a spot opens up, you will be contacted and confirmed before any payment is processed.

CANCELLATION FEE OF $100 AFTER MONDAY, NOVEMBER 4.
NO REFUNDS WILL BE GIVEN AFTER MONDAY, NOVEMBER 11.


Media inquiries should go to Peter Robbio at probbio@crcpublicrelations.com.

 

Back to top
9:00 a.m. - 9:45 a.m.
Opening

2019 National Lawyers Convention

Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

  • Hon. Ron DeSantis, Governor, Florida
 

Speakers

9:45 a.m. - 11:30 a.m.
Showcase Panel I: What is Originalism?

2019 National Lawyers Convention

Topics: Constitution • Founding Era & History • Philosophy • Supreme Court
Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

While originalism is on the rise today, its content has become fractal with different views of what are the methods of determining a constitutional provision's meaning. This panel would look at the many types of originalism and consider the extent to which the theoretical differences will result in different outcomes.

  • Prof. Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
  • Mr. Evan D. Bernick, Law Clerk to the Honorable Diane S. Sykes of the United States Court of Appeals, Seventh Circuit
  • Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Pritzker School of Law, Northwestern University
  • Prof. Christina M. Mulligan, Vice Dean for Academic and Student Affairs and Professor of Law, Brooklyn Law School
  • Prof. Stephen E. Sachs, Professor of Law, Duke University School of Law
  • Ms. Elizabeth B. Wydra, President, Constitutional Accountability Center
  • Moderator: Hon. Amul Thapar, United States Court of Appeals, Sixth Circuit

Speakers

11:45 a.m. - 1:30 p.m.
Horizontal Federalism: May States Project their Sovereignty Beyond Their Borders?

2019 National Lawyers Convention

Topics: Federalism • Federalism & Separation of Powers • Constitution • State Courts • State Governments • Supreme Court
East Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

The Supreme Court's recent decision in Franchise Tax Bd. v. Hyatt (overturning Nevada v. Hall) enforced an originalist understanding, limiting attempts by a state to extend its sovereign powers beyond its borders. Although often overlooked, vertical federalism arose in part as way of controlling the abuses of horizontal federalism under the Articles of Confederation. Some states had arguably been using their powers to infringe on the powers of other states. The Constitution’s strong federal government (yet with a limited number of powers) modified, without eliminating, horizontal federalism. The Constitution adapted from the Articles of Confederation certain horizontal provisions such as privileges and immunities, extradition, and full faith and credit. The two forms of federalism are encased within our current system of separation of powers. 

Vertical federalism is evident when different groups of state AGs -- Red state AGs against Obama and now Blue state AGs against Trump-- have challenged federal policies in suits filed in federal courts. Different and more difficult to challenge, however, are attempts by one state or a group of states to make its policies effectively binding on other states. Examples include sanctuary state laws, California’s Internet regulation, cities and states suing oil companies in an attempt to regulate global warming and the National Popular Vote Compact. These developments implicate not only federalism and separation of powers, but the limits of state police powers and the natural right of self-government. Do these actions by some states necessarily come at the expense of other states? Do they violate the fundamental right of citizens to be governed by their own state constitutions and the separation of powers system of the federal Constitution?

  • Dr. John S. Baker, Jr., Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University and Visiting Professor, Georgetown University Law Center
  • Dr. John C. Eastman, Henry Salvatori Professor of Law and Community Service and Director, Center for Constitutional 
  • Prof. Edward L. Rubin, University Professor of Law and Political Science, Vanderbilt Law School
  • Mr. Ilya Shapiro, Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
  • Moderator: Hon. Michael Brennan, United States Court of Appeals, Seventh Circuit

Speakers

11:45 a.m. - 1:30 p.m.
Thursday General Luncheon

2019 National Lawyers Convention

The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

11:45 a.m. - 1:30 p.m.
Is It Time to End Life Tenure for Federal Judges?

2019 National Lawyers Convention

Topics: Federal Courts • Litigation • Constitution
State Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

The framers of our Constitution jealously guarded the independence of federal judges, and the principal means they selected for doing so was to confer life tenure upon them. But a great deal has changed since then. At the time of the founding, federal judges were not alone: most state judges enjoyed life tenure as well.  But now, federal judges are almost entirely alone—not only in the United States, but in the world—in this respect. In addition, life expectancies are vastly longer today than they were two hundred years ago. Finally, the process for selecting federal judges has arguably become more politicized than ever before—and some point to life tenure as the reason. Recent polls show that over 75% of Americans want to end life tenure.

Is it time to end life tenure? Are there ways to end it that do not require a constitutional amendment? Our panelists will debate these important and timely questions.

  • Dr. Norman J. Ornstein, Resident Scholar, American Enterprise Institute and Chairman, Campaign Legal Center
  • Prof. James E. Pfander, Owen L. Coon Professor of Law, Northwestern University Pritzker School of Law
  • Hon. David Ryan Stras, Judge, United States Court of Appeals, Eighth Circuit
  • Mr. Stuart Taylor, Jr., Journalist and Author
  • Moderator: Hon. William H. Pryor, Jr., Judge, United States Court of Appeals, Eleventh Circuit

Speakers

1:45 p.m. - 3:15 p.m.
The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposals

2019 National Lawyers Convention

Topics: Corporations, Securities & Antitrust
State Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

Robert Bork’s consumer welfare paradigm, which has influenced the evolution of antitrust enforcement in the United States and globally over the past 40 years, is under attack. Critics, including members of Congress and Presidential candidates from both parties, assert not only that antitrust has been unable to keep up with developments in the high tech, finance, communications, and pharmaceutical fields, but that competition law should be used as a tool to address a much broader range of concerns, from privacy and employment to income inequality and non-discrimination in political viewpoint. In response to these concerns, DOJ and FTC have laid the groundwork for potential investigations of Amazon, Apple, Facebook and Google. Calls to break those companies up have also spurred legislative proposals that would significantly change current merger review policy. It is critical to understand the arguments motivating this debate and why they are gaining traction now. Is it time to abandon or change the “consumer welfare” standard or to reconsider longstanding approaches to merger enforcement?

  • Ms. Deb Garza, Partner, Covington & Burling LLP
  • Prof. Gene Kimmelman, Professorial Lecturer in Law, George Washington University Law School
  • Dr. Rainer Wessely, Delegation of the European Union to the United States
  • Moderator: Hon. John Nalbandian, United States Court of Appeals, Sixth Circuit

Speakers

1:45 p.m. - 3:15 p.m.
Arbitration in the #MeToo Era

2019 National Lawyers Convention

Topics: Civil Rights • Labor & Employment Law
East Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

Over the last decade, the U.S. Supreme Court has repeatedly recognized the primacy of the Federal Arbitration Act (FAA) by enforcing the terms of arbitration agreements in the employment, consumer and other contexts – including mandatory and class action waivers. The FAA encourages a mechanism for the resolution of disputes that most recognize as quicker and less expensive than courts. Some argue the benefits of arbitration are waning in the #MeToo era, with confidentiality provisions in arbitration agreements. Students at Harvard, Stanford, Yale and other elite laws schools are pressuring Big Law to dump mandatory arbitration, while some large employers have publicly abandoned legally enforceable arbitration agreements. Yet, at least one study shows employees do as well or better in terms of win rate and recoveries in arbitration as opposed to the judiciary.  First introduced after the Epic Systems decision, the Restoring Justice for Workers Act (H.R. 2749) would prohibit mandatory arbitration in employment disputes.  What is the future of mandatory arbitration? Is ending mandatory arbitration for all employment claims an over-reaction? Will forcing disputes into the judiciary mean fewer disputes will be brought to resolution? What about non-disclosure provisions in arbitration agreements? Will fewer employment agreements require arbitration of employment claims in the future?

  • Hon. Paul D. Clement, former United States Solicitor General and Partner, Kirkland & Ellis
  • Prof. Alexander J. S. Colvin, Kenneth F. Kahn '69 Dean and Martin F. Scheinman Professor of Conflict Resolution, School of Industrial and Labor Relations, Cornell University
  • Mr. Deepak Gupta, Founding Principal, Gupta Wessler PLLC
  • Mr. Andrew J. Pincus, Partner, Mayer Brown LLP
  • Moderator: Hon. Joan Larsen, United States Court of Appeals, Sixth Circuit

Speakers

1:45 p.m. - 3:15 p.m.
Originalism and Changes in Technology

2019 National Lawyers Convention

Topics: Intellectual Property • First Amendment • Fourth Amendment • Security & Privacy • Free Speech & Election Law
Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

Police track criminal suspects using cell phone data and GPS devices attached to their cars. Social media and other electronic publishing platforms allow every-day citizens to function as the “press.” VCRs and DVRs allow unauthorized recording of copyrighted television programs, while micro-antennas and internet video create an opportunity to re-broadcast these programs. Advances in modern software and biotech/medical methods combined with sometimes abusive enforcement of tech patents (many of which were inadequately examined in the late '90s when advancements in internet and computer technology outpaced the USPTO’s ability to perform robust examinations) has led courts to seek solutions by way of new interpretation of Section 101 to create further subject matter restrictions.   

How does originalism handle changes in technology? Do adherents consistently apply its principles across areas of law that range from First and Fourth Amendment to intellectual property cases? Do the narrow spaces between originalism and textualism become larger gaps when it comes to addressing new technologies? How do we judge the performance of originalism against other judicial philosophies in cases involving technological change?

This distinguished panel will look at the history of how originalism has dealt with technology and also look toward a future of advanced robotics, driverless cars, and massive personal data collection to decide whether originalism as it stands is the best tool to decide the coming cases in criminal, tort liability, free speech, intellectual property, and other legal areas, or whether even judges with originalist tendencies should start to look toward other philosophies where technological challenges arise.

  • Prof. Richard A. Epstein, Director, Classical Liberal Institute and Laurence A. Tisch Professor Emeritus of Law, New York University School of Law; James Parker Hall Distinguished Service Professor of Law and Senior Lecturer, University of Chicago; and Peter and Kirstin Bedford Senior Fellow, Hoover Institution
  • Prof. F. Scott Kieff, Fred C. Stevenson Research Professor of Law and Director, Planning and Publications, Center for Law, Economics, & Finance, George Washington University Law School
  • Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Pritzker School of Law, Northwestern University
  • Moderator: Hon. Ryan T. Holte, Judge, United States Court of Federal Claims

Speakers

3:30 p.m. - 5:00 p.m.
Nondelegation after Gundy — Are we Waiting for Godot?

2019 National Lawyers Convention

Topics: Administrative Law & Regulation
East Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

Contrary to the expectations of some, the U.S. Supreme Court’s June decision in Gundy v. United States did not reinvigorate the nondelegation doctrine. Instead, the Court upheld a delegation contained in the Sex Offender Registration and Notification Act (SORNA), a 2006 law which appeared to leave it up to the Attorney General of the U.S. to decide how to apply that statute to prior offenders already in custody. However, because Justice Alito’s concurrence in the judgment expressed willingness to reconsider the Court’s approach to the doctrine and Justice Kavanaugh did not sit on this case, the Gundy decision whetted appetites for what may come in the next nondelegation case to reach the Court.

This panel will examine the Court’s decision in Gundy, dissect the various viewpoints that the justices presented, and—especially—explore what those perspectives (and Justice Kavanaugh’s subsequent participation) could mean for the future of the nondelegation doctrine. The panel will address questions such as: Will the Court alter the doctrine? What would a strengthened nondelegation doctrine look like? Is there a judicially administrable way to redefine what counts as an “intelligible principle”? What would an ideal case for the Court’s consideration look like? What will happen to delegations approved under the current version of the doctrine? Will the modern Administrative State look much different under a reinvigorated nondelegation doctrine?

  • Hon. Ronald A. Cass, President, Cass & Associates, PC
  • Prof. David Schoenbrod, Trustee Professor of Law, New York Law School
  • Prof. Kristin E. Hickman, Distinguished McKnight University Professor; Harlan Albert Rogers Professor in Law; Associate Director, Corporate Institute, University of Minnesota Law School
  • Prof. Alan Morrison, Lerner Family Associate Dean, Public Interest and Public Service Law and Professorial Lecturer in Law, George Washington University Law School
  • Moderator: Hon. Ryan D. Nelson, Judge, United States Court of Appeals, Ninth Circuit

Speakers

3:30 p.m. - 5:00 p.m.
The Wisdom and Legality of Sanctuary Cities

2019 National Lawyers Convention

Topics: Criminal Law & Procedure • Federalism • International & National Security Law
Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

The issue of sanctuary cities has increasingly been in the news in recent years. The Trump administration has threatened to cut off funds to sanctuary jurisdictions and to transport aliens who enter our borders to those jurisdictions, and also claims that these jurisdictions are endangering their citizens. Sanctuary jurisdictions have challenged (so far successfully) the administration’s ability to cut off funds, and has cited the 10th Amendment, among other arguments, to support their actions. They also argue that being a sanctuary jurisdiction actually helps their law enforcement efforts by encouraging illegal immigrants (who are often victims or witnesses of criminal conduct) to “come out of the shadows” and cooperate with law enforcement officials. A Massachusetts judge and her bailiff were recently indicted for helping assisting an illegal alien escape the clutches of an ICE agent who was waiting to arrest him, and federal authorities are still contemplating charges against Oakland’s mayor for warning illegal aliens that immigration authorities were about to conduct raids looking for them. We could debate the legal and moral questions surrounding sanctuary cities.

  • Mr. Mark Fleming, Associate Director of Litigation, National Immigrant Justice Center
  • Mr. Christopher Hajec, Director of Litigation, Immigration Reform Law Institute 
  • Hon. Jefferson B. Sessions III, former United States Attorney General
  • Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University
  • Moderator: Hon. Kurt D. Engelhardt, Judge, United States Court of Appeals, Fifth Circuit

Speakers

3:30 p.m. - 5:00 p.m.
The Future of the Establishment Clause in the Roberts Court

2019 National Lawyers Convention

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

Share

Description

This panel will address the meaning of the American Legion v. American Humanist Association decision regarding the Bladensburg Peace Cross and where the Court is headed next. Has Lemon been completely or at least partially overruled? And if so, what do we anticipate the guiding principle will be going forward in Establishment Clause cases? This question has particular salience in light of the Court’s upcoming case regarding funding for religious schools in Espinoza v. Montana Department of Revenue. Finally, to what extent do we think the Court will, or should, interpret the Establishment Clause to place strict limits on government’s ability to protect religious exercise that causes harm to third parties, including dignitary harms? Such a question may be relevant to pending cert petitions, including in Fulton v. City of Philadelphia, a case dealing with a faith-based adoption agency’s inability to certify same-sex couples for foster care.

  • Prof. Stephanie H. Barclay, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University
  • Mr. Luke Goodrich, Vice President and Senior Counsel, Becket and Adjunct Professor, S. J. Quinney College of Law, University of Utah
  • Prof. Micah J. Schwartzman, Hardy Cross Dillard Professor of Law; Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law; Director, Karsh Center for Law and Democracy, University of Virginia School of Law
  • Prof. William P. Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
  • Moderator: Hon. Carlos Bea, United States Court of Appeals, Ninth Circuit

Speakers

6:00 p.m. - 7:00 p.m.
Lawyers Convention Reception

2019 National Lawyers Convention

East Hall
Union Station
50 Massachusetts Avenue NE
Washington, DC 20002

Share

Description

(Ticketed event) Black Tie Optional

6:00 p.m. - 7:00 p.m.
Madison Club Reception

2019 National Lawyers Convention

Columbus Club
Union Station
50 Massachusetts Avenue NE
Washington, DC 20002

Share

Description

(Invitation only) BLACK TIE OPTIONAL

7:00 p.m. - 10:00 p.m.
Antonin Scalia Memorial Dinner

2019 National Lawyers Convention

Great Hall
Union Station
50 Massachusetts Avenue NE
Washington, DC 20002

Share

Description

(Ticketed event) Black Tie Optional

  • Hon. Brett M. Kavanaugh, Associate Justice, Supreme Court of the United States

Speakers

10:00 p.m. - 11:00 p.m.
Closing Reception

2019 National Lawyers Convention

East Hall
Union Station
50 Massachusetts Avenue NE
Washington, DC 20036

Share

Description

Co-Sponsored by the Harvard Student Chapter

Back to top
9:00 a.m. - 11:00 a.m.
Showcase Panel II: Why, or Why Not, Be an Originalist?

2019 National Lawyers Convention

Topics: Constitution • Jurisprudence • Philosophy
Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

There are a variety of arguments for following originalism today, such as justifications rooted in language, positivism, sovereignty, and consequences. This panel would look at many normative positions for and against originalism.

  • Hon. Amy Coney Barrett, United States Court of Appeals, Seventh Circuit
  • Prof. Michael C. Dorf, Robert S. Stevens Professor of Law, Cornell Law School
  • Prof. Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law
  • Prof. Richard H. Pildes, Sudler Family Professor of Constitutional Law, New York University Law School
  • Moderator: Hon. Thomas Hardiman, United States Court of Appeals, Third Circuit

Speakers

12:00 p.m. - 2:00 p.m.
The Future of Telecommunications Law and Policy

2019 National Lawyers Convention

Topics: Telecommunications & Electronic Media • Corporations, Securities & Antitrust • Intellectual Property
East Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

In an era of unprecedented technological change and relentless innovation, what is the proper role of regulators in competition antitrust and innovation policy? America has achieved global leadership across a wide swath of technology sectors, but at what price? How should we balance global innovation leadership with domestic competition policy, and should our answer depend on the competition and IP policies of other countries?

  • Mr. Jeffrey H. Blum, Senior Vice President of Public Policy and Government Affairs for DISH
  • Mr. Brendan Carr, Commissioner, Federal Communications Commission
  • Dr. Jeffrey A. Eisenach, Managing Director, NERA Economic Consulting
  • Ms. Giulia McHenry, Acting Chief, Office of Economics and Analytics, Federal Communications Commission

Speakers

12:00 p.m. - 2:00 p.m.
Friday General Luncheon

2019 National Lawyers Convention

The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

12:00 p.m. - 2:00 p.m.
Money and the Constitution

2019 National Lawyers Convention

Topics: Campaign Finance • Constitution • Financial Services • Financial Services & E-Commerce
Chinese Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

Money. We all use it, for exchange, for store of value, for identifying prices, and many other purposes and exercises. In the United States, and under our Constitution, what is money, how is it created, what is its value, who gets to decide, and to whom are such decision makers accountable? Is it an instrument of freedom, or a tool of government policy to affect that freedom? These questions, which touch all of us, will be the topic of discussion of our panelists.

  • Prof. Don Kohn, Robert V. Roosa Chair in International Economics, Senior Fellow, Economic Studies, The Brookings Institute 
  • Mr. Alex J. Pollock, Distinguished Senior Fellow, Finance, Insurance & Trade, R Street
  • Dr. Paul Sheard, Senior Fellow, Mossavar-Rahmani Center for Business and Government, Harvard Kennedy School
  • Prof. Richard E. Sylla, Professor Emeritus of Economics, New York University Stern School of Business
  • Moderator: Hon. Paul B. Matey, United States Court of Appeals, Third Circuit

Speakers

12:00 p.m. - 2:00 p.m.
Stare Decisis in Civil Rights Cases

2019 National Lawyers Convention

Topics: Civil Rights • Supreme Court
State Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

Stare decisis is generally regarded as a weaker force when applied to statutes than it is in constitutional law. The standard rationale is that it is much easier for the legislature to overrule statutory precedents than it is for the people to overrule constitutional precedents. But stare decisis has never been an absolute rule in either context. Has the Supreme Court been excessively reluctant to reconsider high-profile precedents that clearly misinterpreted the original meaning of the Civil Rights Act of 1964 and similar statutes?

  • Mr. Michael A. Carvin, Partner, Jones Day
  • Mr. William S. Consovoy, Partner, Consovoy McCarthy PLLC and Adjunct Professor, Antonin Scalia Law School, George Mason University
  • Prof. William N. Eskridge, Jr., John A. Garver Professor of Jurisprudence, Yale Law School
  • Prof. Neil Kinkopf, Professor of Law, Georgia State University College of Law 
  • Prof. Nelson Lund, University Professor, Antonin Scalia Law School, George Mason University
  • Moderator: Hon. Diane S. Sykes, United States Court of Appeals, Seventh Circuit

Speakers

2:15 p.m. - 2:45 p.m.
Friday Afternoon Address

2019 National Lawyers Convention

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

Share

3:00 p.m. - 4:30 p.m.
Originalism, Populism, and the Second Amendment Right to Keep and Bear Arms

2019 National Lawyers Convention

Topics: Constitution • Second Amendment
Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

  • Prof. Renée Lettow Lerner, Donald Phillip Rothschild Research Professor, George Washington University Law School
  • Mr. Jonathan Lowy, Chief Counsel & Vice President, Legal, Brady
  • Mr. Mark W. Smith, Founding Partner, Smith Valliere PLLC
  • Mr. Jonathan Taylor, Principal, Gupta Wessler PLLC
  • Moderator: Hon. Andrew S. Oldham, United States Court of Appeals, Fifth Circuit

Speakers

3:00 p.m. - 4:30 p.m.
Freedom of Speech and Private Power

2019 National Lawyers Convention

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

Share

Description

Should the government protect speech against private power, and not just governmental power? Many states restrict private employers’ ability to fire employees based on their speech. A few protect private college students, private high school students, or speakers at private shopping malls. And of course employment law and public accommodation law routinely ban private discrimination based on religion, including based on religious speech.

Should the federal and state governments provide comparable protection against private discrimination based on political affiliation, including political speech? Should the government require colleges and universities to demonstrate a commitment to free speech to receive government funding? Should banks, insurers, and social media platforms be required to protect free speech? Or should private entities remain largely free (or even become freer) to discriminate based on speech and ideology?

  • Prof. Adam Candeub, Professor of Law and Director, Intellectual Property, Information & Communications Law Program, Michigan State University College of Law
  • Ms. Harmeet K. Dhillon, Founding Partner, Dhillon Law Group Inc.
  • Prof. Eric Goldman, Professor of Law and Co-Director, High Tech Law Institute, Santa Clara University School of Law
  • Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
  • Moderator: Hon. Britt C. Grant, United States Court of Appeals, Eleventh Circuit

Speakers

3:00 p.m. - 4:30 p.m.
Economic Law & Policy as a Tool of National Security

2019 National Lawyers Convention

Topics: International Law & Trade • International & National Security Law • Law & Economics • Security & Privacy
State Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

Since the wars in Iraq and Afghanistan, the U.S. has shifted from large-scale military interventions to the use of economic levers such as tariffs, sanctions, export/import controls, and renegotiating trade agreements to address national security challenges including great power rivals, rogue nations engaging in nuclear proliferation, terrorism, and immigration. Our panel of experts will discuss the efficacy and sustainability of this approach and whether an economic-oriented national security policy is likely to advance U.S. interests abroad.

  • Hon. Kristen Silverberg, Executive Vice President, Policy, Business Roundtable
  • Prof. John Yoo, Emanuel S. Heller Professor of Law; Co-Faculty Director, Korea Law Center; and Director, Public Law & Policy Program; UC Berkeley School of Law
  • Mr. Juan C. Zarate, Chairman and Co-Founder, Financial Integrity Network
  • Moderator: Hon. Gregory G. Katsas, United States Court of Appeals, District of Columbia Circuit

Speakers

5:00 p.m. - 5:45 p.m.
19th Annual Barbara K. Olson Memorial Lecture

2019 National Lawyers Convention

Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

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 believes that it is most fitting to dedicate an annual lecture on limited government and the spirit of freedom to the memory of Barbara Olson. She had a deep commitment to the rule of law and understood well the relationship between respecting limits on government power and the preservation of freedom. And, significantly, Barbara Olson was an individual who never took freedom for granted in her own life, even in her final terrifying moments-her inspiring and energetic human spirit is a testament to what one can achieve in a world that places a premium on human freedom. Solicitor General Theodore B. Olson delivered the first lecture in November 2001. The lecture series continued in following years with other notable individuals.

  • Hon. William P. Barr

Speakers

5:45 p.m. - 7:30 p.m.
Barbara K. Olson Memorial Reception

2019 National Lawyers Convention

East and State Rooms
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

(Ticketed event)

Back to top
9:00 a.m. - 10:45 a.m.
Showcase Panel III: Does Originalism Protect Unenumerated Rights?

2019 National Lawyers Convention

Topics: Civil Rights • Constitution • Philosophy • Supreme Court
Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

Does the original meaning of any constitutional provision protect fundamental rights? Substantive Due Process had been a target of originalists, but is it fair to dismiss it as an oxymoron? And even if Due Process does not have a substantive component, does the Privileges or Immunities Clause provide a justification for a fundamental right jurisprudence?

  • Prof. Stephanie H. Barclay, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University
  • Prof. Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
  • Prof. Steven G. Calabresi, Clayton J. & Henry R. Barber Professor of Law, Northwestern Pritzker School of Law
  • Prof. Jamal Greene, Dwight Professor of Law, Columbia Law School
  • Hon. Michael W. McConnell, Richard and Frances Mallery Professor and Director, Constitutional Law Center, Stanford Law School
  • Moderator: Hon. Kevin C. Newsom, United States Court of Appeals, Eleventh Circuit

Speakers

11:00 a.m. - 12:30 p.m.
Originalism and Constitutional Property Rights Jurisprudence

2019 National Lawyers Convention

Topics: Environmental & Energy Law • Property Law • Environmental Law & Property Rights • Due Process • Fourteenth Amendment • Law & Economics
East Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

Much controversy surrounds the extent to which the United States Constitution protects property rights. During the New Deal, most constitutional property rights came to hold the same low status as the liberty of contract recognized in Lochner v. New York and other economic rights recognized in substantive due process doctrines. Now, most lawyers and judges recognize that property rights are protected against federal intrusion (by the Fifth Amendment's Takings Clause) and state intrusion (by the Fifth Amendment as incorporated through the Fourteenth Amendment's Due Process Clause). Yet there are also vigorous debates about what these clauses mean and how far they sweep in protecting property rights. The 2005 decision Kelo v. City of New London reopened basic questions about what it means for a taking to be for public use. And in a concurrence in the 2017 regulatory takings case Murr v. Wisconsin, Justice Thomas opined that the Court had “never purported to ground [regulatory takings] precedents in the Constitution as it was originally understood” and called on lawyers and scholars to clarify whether regulatory takings doctrines are grounded in the Constitution’s original meaning. This session will showcase scholars on both sides of these debates: scholars who believe the Constitution does little to protect property from use- and value-destroying government actions, and scholars who believe that the Constitution does provide robust protection to property from such actions.

  • Prof. Eric R. Claeys, Professor of Law, Antonin Scalia Law School, George Mason University
  • Prof. Richard Lazarus, Howard J. and Katherine W. Aibel Professor of Law, Harvard Law School
  • Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
  • Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University
  • Moderator: Hon. Elizabeth “Lisa” Branch, United States Court of Appeals, Eleventh Circuit

Speakers

11:00 a.m. - 12:30 p.m.
51 Imperfect Solutions for the Ethical Practice of Law

2019 National Lawyers Convention

Topics: Jurisprudence • Philosophy • Professional Responsibility & Legal Education • Corporations, Securities & Antitrust • Religious Liberty • Free Speech & Election Law
State Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

The practice of law in the United States is not monolithic. Each state establishes its own rules of professional conduct. This form of federalism allows states to serve as "laboratories of democracy," and innovate how the legal profession operates. This panel will focus on four areas in which states disagree. First, the majority of states have rejected ABA Model Rule 8.4(g), which purports to prohibit "harassment" in "conduct related to the practice of law." Second, in the wake of Janus v. AFSCME, states are considering whether to abolish "integrated" bars. Third, some states are engaging in novel experiments to permit non-lawyers to perform some types of legal services. Finally, we are in the earliest stages of understanding how legal analytics—using technology to predict how courts will decide cases—fits within the rubric of the unauthorized practice of law. These topics implicate critical issues like the freedom of speech, the free exercise of religion, antitrust law, and cutting-edge legal technology.

  • Hon. G. Barry Anderson, Associate Justice, Minnesota Supreme Court
  • Prof. Josh Blackman, Associate Professor of Law, South Texas College of Law Houston
  • Mr. Mauricio “Mo” Hernandez, Principal, Hernandez Law Office 
  • Prof. Thomas D. Morgan, Oppenheim Professor Emeritus of Antitrust and Trade Regulation Law, George Washington University Law School
  • Moderator: Hon. Jennifer Walker Elrod, Judge, United States Court of Appeals, Fifth Circuit

Speakers

11:00 a.m. - 12:30 p.m.
Special Session: Executive Power vs. Congressional Power

2019 National Lawyers Convention

Topics: Constitution • Federalism • Separation of Powers • Federalism & Separation of Powers
District Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

There are a number of currently unfolding battles, involving important constitutional issues, between Congress and the Executive Branch.  At the operational level, they involve the House’s exercise of its oversight, and impeachment powers, pitted against the Administration’s opposition to these efforts.  At the more conceptual level, we hear assertions that arguably challenge the Constitution’s core separation of powers architecture, which holds that the three branches of the federal government are co-equal. How much power does the Constitution give to the Executive Branch, and how much to the Legislative Branch, and does the answer depend on whether or not one of these two branches is exercising power against the other?

12:30 p.m. - 2:30 p.m.
Twelfth Annual Rosenkranz Debate & Luncheon

2019 National Lawyers Convention

Topics: Constitution • Religious Liberty • Religious Liberties
Grand Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

RESOLVED: The free exercise clause guarantees a constitutional right of religious exemption from general laws when such an exemption would not endanger public peace and good order.

  • Prof. Philip A. Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia Law School
  • Prof. Michael W. McConnell, Richard and Frances Mallery Professor of Law and Director, Constitutional Law Center, Stanford Law School
  • Moderator: Hon. S. Kyle Duncan, United States Court of Appeals, Fifth Circuit

Speakers

2:45 p.m. - 4:30 p.m.
Showcase Panel IV: Originalism and Precedent

2019 National Lawyers Convention

Topics: Constitution • Supreme Court
State Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

The Supreme Court has decided hundreds of cases, many of which do not seem to square with the original meaning. How much account, if any, should originalism take account of precedent. Are there particular precedent rules that originalism can generate?

  • Prof. Tara Leigh Grove, Mills E. Godwin, Jr., Professor of Law and Cabell Research Professor, William & Mary Law School
  • Prof. Bernadette Meyler, Carl and Sheila Spaeth Professor of Law and Associate Dean, Research and Intellectual Life, Stanford Law School
  • Prof. Michael Stokes Paulsen, Distinguished University Chair and Professor of Law, University of St. Thomas School of Law
  • Prof. Lawrence B. Solum, Carmack Waterhouse Professor of Law, Georgetown University Law Center
  • Moderator: Hon. Neomi Rao, United States Court of Appeals, District of Columbia Circuit

Speakers

4:30 p.m. - 5:30 p.m.
Hon. Robert H. Bork Memorial Lecture

2019 National Lawyers Convention

Topics: Constitution
State Room
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

  • Hon. Neil M. Gorsuch, Associate Justice, Supreme Court of the United States

Speakers

5:30 p.m. - 7:00 p.m.
Closing Reception & Book Signing

2019 National Lawyers Convention

Palm Court Ballroom
The Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036

Share

Description

All registrants are welcome to attend the Closing Reception.

Book Signing:

  • A Republic, If You Can Keep It by Justice Neil M. Gorsuch

Speakers

Back to top