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22nd Annual Federalist Society Faculty Conference

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

The conference included panels on Originalism and stare decisis, corporate governance, and the Fourth Amendment. The winners of our Young Legal Scholars Paper Competition presented their papers, and various other attendees were given feedback on works they have in progress. Our annual luncheon debate addressed 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 20008

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Description

Opening Remarks to begin at 12:15pm:

  • Hon. Lee Liberman Otis, The Federalist Society
  • AALS President-Elect Darby Dickerson, UIC John Marshall Law School

Speakers

12:30 p.m. - 2:15 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 20008

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On January 3-4, 2020, the Federalist Society hosted its 22nd annual Faculty Conference at the Omni Shoreham Hotel in Washington, DC. The first panel discussed "Originalism and Stare Decisis".

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? 

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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers. 

Featuring:

  • Randy E. Barnett, Georgetown University Law Center
  • Randy J. Kozel, Notre Dame Law School
  • John O. McGinnis, Northwestern University Pritzker School of Law
  • Moderator: Eugene B. Meyer, President, The Federalist Society
  • Introduction: Lee Liberman Otis, Senior Vice President & Director, Faculty Division, The Federalist Society

Speakers

2:30 p.m. - 3:45 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 20008

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 Featuring:

  • Moderator: Nadia E. Nedzel, Southern University Law Center
  • 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"
    • Caleb N. Griffin, Belmont University College of Law: “We Three Kings: Disintermediating Voting at the Index Fund Giants”
    • 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

2:30 p.m. - 3:45 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 20008

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 Featuring:

  • Moderator: Julie A. Hill, University of Alabama School of Law
  • 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

4:00 p.m. - 6:00 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 20008

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Event Video

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Description

On January 3-4, 2020, the Federalist Society hosted its 22nd annual Faculty Conference at the Omni Shoreham Hotel in Washington, DC. The conference included paper presentations by young legal scholars from around the country.

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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

 Featuring:

  • 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"
  • Commenter: Sean J. Griffith, Fordham University School of Law
  • Commenter: Philip A. Hamburger, Columbia Law School
  • Co-Moderator: Tara Leigh Grove, William & Mary Marshall-Wythe School of Law
  • Co-Moderator: Lawrence B. Solum, Georgetown University Law Center 

Speakers

6:00 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 20008

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Co-Sponsored with the Institute for Humane Studies

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8:00 a.m. - 9:00 a.m.
Breakfast & Business Meeting

22nd Annual Federalist Society Faculty Conference

Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20008

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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 20008

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Event Video

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Description

On January 3-4, 2020, the Federalist Society hosted its 22nd annual Faculty Conference at the Omni Shoreham Hotel in Washington, DC. The second panel discussed "Governance by Index: Mutual Fund Involvement in Corporate Governance".

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? 

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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Featuring:

  • Sean J. Griffith, Fordham University School of Law
  • Ann M. Lipton, Tulane University Law School
  • Adriana Z. Robertson, University of Toronto Faculty of Law
  • Moderator: Jeremy Kidd, Mercer University School 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 20008

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 Featuring:

  • Moderator: Michael McGinniss, University of North Dakota School of Law
  • Presenters:
    • 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 20008

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Description

  Featuring:

  • Moderator: Paul E. Salamanca, Kentucky College of Law
  • 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

Topics: Constitution • Election Law • Federalism • Free Speech & Election Law
Diplomat Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20008

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On January 3-4, 2020, the Federalist Society hosted its 22nd annual Faculty Conference at the Omni Shoreham Hotel in Washington, DC. The luncheon featured a debate on whether the electoral college should be abrogated.

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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

 Featuring:

  • Lawrence Lessig, Harvard Law School
  • Stephen Sachs, Duke University School of Law
  • Moderator: Hon. Neomi Rao, U.S. Court of Appeals for the D.C. Circuit

Speakers

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

22nd Annual Federalist Society Faculty Conference

Topics: Constitution • Fourth Amendment
Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20008

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Description

On January 3-4, 2020, the Federalist Society hosted its 22nd annual Faculty Conference at the Omni Shoreham Hotel in Washington, DC. The topic of the third panel was "Originalism and the Fourth Amendment".

This panel explored 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? 

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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers. 

Featuring:

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

Speakers

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

22nd Annual Federalist Society Faculty Conference

Topics: Constitution • Politics • Supreme Court
Hampton Ballroom
The Omni Shoreham Hotel
2500 Calvert St NW
Washington, DC 20008

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Description

On January 3-4, 2020, the Federalist Society hosted its 22nd annual Faculty Conference at the Omni Shoreham Hotel in Washington, DC. The final panel asked "Is Everything Political?"

This panel sought to explore whether the reach of politics is broader now than 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.

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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.

Featuring:

  • 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
  • Moderator: Joshua Kleinfeld, Northwestern University Pritzker School of Law

Speakers

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