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23rd Annual Federalist Society Faculty Conference

Faculty Division

January 6 — 8, 2021
Webinars & Live Streams

The 23rd Annual Federalist Society Faculty Conference will take place virtually on January 6-8, 2021, as online webinars and live streams.

 

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12:00 p.m. - 1:15 p.m.
Welcome & Luncheon Debate: Resolved: Employment Division v. Smith Should be Overruled

23rd Annual Federalist Society Faculty Conference

Topics: Labor & Employment Law • Religious Liberty • Supreme Court • Religious Liberties
Webinar & Live Stream

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Welcome
12:00 pm - 12:15pm

  • Hon. Lee Liberman Otis, The Federalist Society

Luncheon Debate: Resolved: Employment Division v. Smith should be overruled
12:15 pm - 1:15 pm

  • Prof. Michael McConnell, Stanford Law School
  • Prof. Eugene Volokh, UCLA School of Law
  • Moderator: Richard Garnett, Notre Dame Law School 

This debate will discuss whether the Supreme Court should overrule its 1990 decision in Employment Division v. Smith, and, if so, whether Fulton v. City of Philadelphia, Pennsylvania presents an opportunity to do so.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Speakers

2:15 p.m. - 3:45 p.m.
Panel: Police Powers and the Pandemic

23rd Annual Federalist Society Faculty Conference

Topics: Civil Rights • Constitution • Criminal Law & Procedure • Healthcare
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With the many COVID-19 emergency measures undertaken by state and local officials as a backdrop, this panel explores the States' police powers and their limits, including potential separation of powers concerns.

Featuring:

  • David Bernstein, Antonin Scalia Law School
  • Julia Mahoney, University of Virginia Law School
  • Daniel Rodriguez, Northwestern University School of Law 
  • Ilan Wurman, Arizona State University College of Law
  • Moderator: John Harrison, University of Virginia Law School

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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. 

Speakers

4:15 p.m. - 5:30 p.m.
7 Minute Presentations of Works in Progress Panel 1-A

23rd Annual Federalist Society Faculty Conference

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 Presenters:

  • Thomas Folsom, Regent University School of Law: "Privateers in Cyberspace"
  • Chris Guzelian, Texas State University College of Business: "One World, Two Moneys" 
  • Dmitry Karshtedt, The George Washington University Law School: "Pharmaceutical Patents and Adversarial Examination"
  • Hillel Nadler, Program on International Financial Systems: "Taxing Zero" 
  • Christina Parajon Skinner, Wharton School, University of Pennsylvania: "Central Banks and Climate Change"
  • David O. Taylor, Southern Methodist University School of Law: "Immoral Patents" 
  • Moderator: Kristen Osenga, University of Richmond School of Law

Speakers

4:15 p.m. - 5:30 p.m.
7 Minute Presentations of Works in Progress Panel 1-B

23rd Annual Federalist Society Faculty Conference

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Presenters:

  • Scott Boykin, Georgia Gwinnett College: "Original Intent Originalism: A Reformulation and Defense"  
  • Tara Leigh Grove, University of Alabama Law School: "Sacrificing Legitimacy in a Hierarchical Judiciary"
  • Laura Jenkins, Ph.D. candidate, Syracuse University: "Paradise Lost: The Effect of Judicial Review on Congressional Debate" 
  • Eugene Kontorovich, George Mason University Antonin Scalia Law School: "Lochner Under Lockdown" 
  • Jason Mazzone, University of Illinois College of Law: "Originalism and Inter-Constitutional Interpretation"
  • James Phillips, Chapman University School of Law: "Textualism’s Mistaken Assumption of Ordinary Meaning: A Case Study of Title VII’s 'Undue Hardship'"
  • Moderator: Thomas H. Lee, Fordham University School of Law

Speakers

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12:00 p.m. - 12:30 p.m.
Virtual Lunch & Business Meeting

23rd Annual Federalist Society Faculty Conference

Zoom Meeting

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1:00 p.m. - 2:30 p.m.
Panel: Corporate Social Responsibility Revisited

23rd Annual Federalist Society Faculty Conference

Topics: Administrative Law & Regulation • Corporations, Securities & Antitrust
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This panel will explore recent developments in the debate over corporate social responsibility, which has become a matter not only of internal corporate governance but also socially oriented regulation by government actors.

Featuring: 

  • Stephen Bainbridge, UCLA School of Law
  • Elizabeth Pollman, University of Pennsylvania Law School
  • Moderator and Panelist: Todd Henderson, University of Chicago Law School

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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.

Speakers

3:00 p.m. - 5:00 p.m.
Young Legal Scholars Paper Presentations

23rd Annual Federalist Society Faculty Conference

Topics: Constitution • Contracts • Jurisprudence • Philosophy • Free Speech & Election Law
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Young Legal Scholars Paper Presentations
3:00pm - 5:00pm

Featuring:

  • Sadie Blanchard, Notre Dame Law School: “Contracts Without Courts or Clans: How Freestanding Business Networks Govern Exchange”
  • Jud Campbell, University of Richmond School of Law: “The Emergence of Content and Viewpoint Neutrality”
  • Katherine Mims Crocker, William and Mary Law School: “Reconsidering Section 1983’s Nonabrogation of Sovereign Immunity”
  • Jeffrey Hetzel, Law Clerk to the Hon. Kevin Newsom: “What Powers, Exactly, Lawfully Belong to Juries?”
  • Lorianne Updike Toler, Resident Fellow, Yale Law School: “Law Office Originalism”
  • Commenter: Richard Epstein, New York University School of Law and University of Chicago Law School
  • Moderator: Stephen Sachs, Duke Law School

 

Speakers

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11:00 a.m. - 12:30 p.m.
Panel: Originalism & Its Discontents

23rd Annual Federalist Society Faculty Conference

Topics: Constitution • Founding Era & History • Jurisprudence • Philosophy • Supreme Court
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Originalism & Its Discontents
11:00 am - 12:30 pm

This panel will discuss some of the critiques of originalism as offered by libertarians and social conservatives.

  • Prof. Randy Barnett, Georgetown University Law Center
  • Prof. Marc DeGirolami, St. John's University School of Law
  • Prof. Joshua Kleinfeld, Northwestern University Pritzker School of Law
  • Dr. Jesse Merriam, Patrick Henry College
  • Prof. Christina Mulligan, Brooklyn Law School
  • Moderator: Prof. John McGinnis, Northwestern University Pritzker School of Law

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Speakers

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

23rd Annual Federalist Society Faculty Conference

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Presenters:

  • Jessica Asbridge, Baylor University Law Center: "Redefining the Boundary Between Regulations and Appropriations"
  • Jennifer Barrow, Climenko Fellow, Harvard Law School: "Recidivism Under the Armed Career Criminal Act"
  • Juscelino Colares, Case Western Reserve University School of Law: "The Consistently Inconsistent, GATT-Violating EU Labeling of Israeli Food Imports"
  • Martin Edwards, Mississippi College School of Law: "Competition Upstream of Amazon"
  • Bashar Malkawi, University of Arizona College of Law: "Applying Discrimination Laws in the COVID-19 Era"
  • Barbara Mouly, Liberty University School of Law: "Arbitration Agreements in Nursing Home Admissions Contracts"
  • Paolo Saguato, George Mason University Antonin Scalia Law School: "The Regulator of Last Resort"
  • Moderator: Daniel Barnhizer, Michigan State University College of Law

Speakers

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

23rd Annual Federalist Society Faculty Conference

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Description

Presenters:

  • Johnny Rex Buckles, University of Houston Law Center: "A Rawlsian Critique of the Political Speech Constraints on Charities"
  • Peter Galie, Canisius College: "The Rights Tradition in America's First Constitutions" 
  • Scott Gerber, Ohio Northern University School of Law: 'We Who Differ With Regard to Religion Will Keep the Peace with One Another': The Intellectual History of European Laws about Religious Toleration Prior to the Planting of English America"
  • Lynn Marie Kohm, Regent University School of Law: "The Intersectionality of Racism and Bioethics"
  • Antony Kolenc, UNT Dallas College of Law: 'No Help You God': The Intersection of Religious Liberty and the Rule of Evidence 610"
  • David Schizer, Columbia Law School: "Nonprofits as a Complement to Federalism"
  • Moderator: Michelle Kundmueller, Old Dominion University

Speakers

3:00 p.m. - 4:15 p.m.
Next Gen Panel: A Conversation between Eugene Volokh and the Hon. Janice Rogers Brown on Freedom of Thought

23rd Annual Federalist Society Faculty Conference

Topics: Constitution • Education Policy • First Amendment • Philosophy • Free Speech & Election Law
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This panel will consist of a conversation between Professor Eugene Volokh and Judge Janice Rogers Brown, who retired from the bench in 2017 and is now a lecturer at UC Berkeley School of Law. They will primarily discuss various topics relating to Freedom of Thought on campuses and more broadly.

Featuring: 

  • Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
  • Hon. Janice Rogers Brown, Lecturer, UC Berkeley School of Law
  • Moderator: Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Speakers

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