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22nd Annual Federalist Society Faculty Conference

January 3 — 4, 2020
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The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20008
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The 22nd Annual Federalist Society Faculty Conference will take place on January 3-4, 2020 in Washington, D.C. The conference is part of the official AALS Annual Meeting with our events and speakers cross-listed in the AALS Annual Meeting Program.

The conference will include panels on Originalism and stare decisis, corporate governance, and the Fourth Amendment. The winners of our Young Legal Scholars Paper Competition will present their papers, and various other attendees will be given feedback on works they have in progress. Our annual luncheon debate will address the electoral college.

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12:00 p.m. - 12:30 p.m.
Welcome Lunch

22nd Annual Federalist Society Faculty Conference

Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

  • Hon. Lee Liberman Otis, The Federalist Society

Speakers

12:30 p.m. - 1:45 p.m.
Panel: Originalism and Stare Decisis

22nd Annual Federalist Society Faculty Conference

Topics: Constitution • Federalism • State Courts
Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

Sometimes the original meaning of the Constitution conflicts with or points in a different direction from the Supreme Court's precedents.  When that happens, what is the role of stare decisis? To what extent is stare decisis consistent with or at odds with originalism? What should an originalist Court do with non-originalist precedent?  What exactly does stare decisis commit a court to follow? Do the Supreme Court’s past practices or its duty to follow its precedents differ from inferior courts’ duty to heed Supreme Court decisions? 

Featuring:

  • Moderator: TBD
  • Panelists:
    • Randy E. Barnett, Georgetown University Law Center
    • Randy J. Kozel, Notre Dame Law School
    • John O. McGinnis, Northwestern University Pritzker School of Law
    • Bernadette Meyler, Stanford Law School

Speakers

2:00 p.m. - 3:15 p.m.
7 Minute Presentations of Works in Progress Panel 1-A

22nd Annual Federalist Society Faculty Conference

Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

 Featuring:

  • Moderator: TBA
  • Presenters:
    • Josh Blackman, South Texas College of Law: "Originalism and Stare Decisis in the Lower Courts"
    • Johnny Rex Buckles, University of Houston Law Center: "Liberal Suppression: Section 501(c)(3) And the Taxation of Speech"
    • Joseph S. Devaney, Abraham Baldwin Agricultural College: "Due Process of Natural Law"
    • John L. Hill, Indiana University Robert H. McKinney School of Law: "The Prophet of Modern Constitutional Liberalism: John Stuart Mill and the Supreme Court"
    • Jennifer Huddleston, Mercatus Center: "A Hard Problem for Soft Law: Justiciability Issues in Potential Legal Challenges of 'Soft Law'"
    • Marah Stith McLeod, Notre Dame Law School: "Communicating Punishment"
    • Ilya Somin, George Mason University Antonin Scalia Law School: "Free to Move:  Foot Voting, Migration, and Political Freedom"

Speakers

2:00 p.m. - 3:15 p.m.
7 Minute Presentations of Works in Progress Panel 1-B

22nd Annual Federalist Society Faculty Conference

Capitol Room
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

 Featuring:

  • Moderator: TBA
  • Presenters:
    • Juscelino F. Colares, Case Western Reserve University School of Law: "Turkey as a WTO Litigant: A Case of Waived Leverage and Mismatched Policy Ends and Means"
    • Michael Lewyn, Touro College Fuchsberg Law Center: "Impact of High-End Condos on the Urban Housing Market"
    • Adam Mossoff, George Mason University Antonin Scalia Law School: "Injunctions for Patent Infringement"
    • Seth C. Oranburg, Duquesne University School of Law: "Social Media and Securities Regulation"
    • Stefan J. Padfield, University of Akron School of Law: "The Omnipresent Specter of Political Bias"
    • Kenneth M. Rosen, University of Alabama School of Law: "Investor Confidence"
    • Aaron D. Simowitz, Williamette University College of Law: "Nonparty Jurisdiction"(with Linda J. Silberman)

Speakers

4:30 p.m. - 6:30 p.m.
Young Legal Scholars Paper Presentations

22nd Annual Federalist Society Faculty Conference

Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

 Featuring:

  • Moderator: TBA
  • Presenters:
    • Christian Burset, Notre Dame Law School: "Relativizing the Rule of Law in the Eighteenth-Century British Empire"
    • Mihailis E. Diamantis, University of Iowa College of Law: "The Extended Corporate Mind: When Corporations Use AI to Break the Law"
    • Michael T. Morley, Florida State University College of Law: "Partisan Gerrymandering and State Constitutions"
    • Ryan C. Williams, Boston College Law School: "Lower Court Originalism"
    • Ilan Wurman, Arizona State University Sandra Day O’Connor College of Law: "In Search of Prerogative"
  • Commenters 
    • Sean J. Griffith, Fordham University School of Law
    • Tara Leigh Grove, William & Mary Marshall-Wythe School of Law

Speakers

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

22nd Annual Federalist Society Faculty Conference

Congressional A & B
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

Co-Sponsored with the Institute for Humane Studies

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8:30 a.m. - 9:00 a.m.
Breakfast

22nd Annual Federalist Society Faculty Conference

Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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9:15 a.m. - 10:45 a.m.
Panel: Governance by Index: Mutual Fund Involvement in Corporate Governance

22nd Annual Federalist Society Faculty Conference

Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

Mutual funds, particularly index funds, increasingly find themselves in a position to influence the governance of the companies in which they invest. Accordingly, campaigners of every sort—from hedge fund activists to advocates for environmental and social causes—now lobby mutual funds for voting support. But how should mutual funds wield their power in corporate governance?  This panel will discuss the nature of mutual fund investing, the shift to indexing, its impact on the market, and how mutual funds ought to exercise their influence over the companies in which they invest.

Featuring:

  • Moderator: M. Todd Henderson, University of Chicago Law School
  • Panelists:
    • Sean J. Griffith, Fordham University School of Law
    • Ann M. Lipton, Tulane University Law School
    • Adriana Z. Robertson, University of Toronto Faculty of Law

Speakers

11:00 a.m. - 12:15 p.m.
7 Minute Presentations of Works in Progress Panel 2-A

22nd Annual Federalist Society Faculty Conference

Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

 Featuring:

  • Moderator: TBD
  • Robert Anderson IV, Pepperdine University Caruso School of Law: "A Property Theory of Corporate Law"
  • Adam Crepelle, Southern University Law Center: "Are the Business Killing Trust Restrictions on Tribal Land Constitutional?"
  • Matthew J. Festa, South Texas College of Law Houston: "De Facto Zoning and Property Rights"
  • Enrique Guerra-Pujol, University of Central Florida College of Business: "Breaking Bad Promises"
  • Michael J. Zydney Mannheimer, Northern Kentucky University Chase College of Law: "Fraudulently Induced Confessions"
  • Barbara Massie Mouly, Liberty University School of Law: "Arbitration Agreements in Nursing Home Admission Contracts"
  • Dwight Newman, University of Saskatchewan College of Law: "Competing Conservative Visions of Federal Indian Law"

Speakers

11:00 a.m. - 12:15 p.m.
7 Minute Presentations of Works in Progress Panel 2-B

22nd Annual Federalist Society Faculty Conference

Capitol Room
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

  Featuring:

  • Moderator: TBA
  • Presenters:
    • Paul R. Baier, Louisiana State University Hebert Law Center: “Nazis in the Supreme Court”
    • Bridget C.E. Dooling, The George Washington University Regulatory Studies Center: “Bespoke Regulatory Review”
    • Scott Douglas Gerber, Ohio Northern University Pettit College of Law: “Law and Religion in Plymouth Colony"
    • Earl M. Maltz, Rutgers University School of Law at Camden: “Faint-Hearted Federalism: The Role of the Concept of State Autonomy in Conservative Constitutional Jurisprudence”
    • Ken Masugi, Johns Hopkins University: “Reconsidering ‘Japanese-American Concentration Camps’ in Law and Justice”
    • Christopher J. Walker, The Ohio State University Moritz College of Law, “Qualified Immunity and Federalism” (with Aaron L. Nielson)
    • Christopher J. Wolfe, University of St. Thomas at Houston, “Justice Neil Gorsuch and the Right to Life in the 14th Amendment”

 

Speakers

12:30 p.m. - 2:30 p.m.
Luncheon Debate: Resolved: The Electoral College Should Be Abrogated

22nd Annual Federalist Society Faculty Conference

Congressional A & B
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

How should the country elect the President? This debate presents the arguments for and against eliminating the electoral college.

 Featuring:

  • Moderator: TBA
  • Debaters:
    • Lawrence Lessig, Harvard Law School
    • Stephen Sachs, Duke University School of Law

Speakers

2:45 p.m. - 4:15 p.m.
Panel: Originalism and the Fourth Amendment

22nd Annual Federalist Society Faculty Conference

Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

This panel will explore the extent, if any, to which an originalist methodology can answer the big questions of Fourth Amendment interpretation that courts are grappling with today.  If an originalist methodology can answer these questions, what answers does it provide? 

Featuring:

  • Moderator: Orin Kerr, UC Berkeley School of Law
  • Panelists:
    • William Baude, University of Chicago Law School
    • Jeffrey Bellin, William and Mary Marshall-Wythe Law School
    • Laura Donohue, Georgetown University Law Center

Speakers

6:00 p.m. - 7:15 p.m.
Panel: Is Everything Political?

22nd Annual Federalist Society Faculty Conference

Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20006

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Description

This panel seeks to explore whether the reach of politics is broader now that it once was, whether there is a law-politics distinction, whether politics has become a substitute for religion or related claims on a person’s sense of self, and whether it is possible or desirable for politics to play a smaller role in life.

Featuring:

  • Moderator: Joshua Kleinfeld, Northwestern University Pritzker School of Law
  • Panelists:
    • Christian Burset, Notre Dame Law School
    • Guy-Uriel Charles, Duke University School of Law
    • Tara Leigh Grove, William & Mary Marshall-Wythe School of Law
    • Stephen E. Sachs, Duke University School of Law

Speakers

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