Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
333 W Harbor Dr
San Diego, CA 92101
24th Annual Federalist Society Faculty Conference
The 24th Annual Federalist Society Faculty Conference will take place on January 5-6, 2023 in San Diego, CA. The conference takes place under the general aegis of the AALS Annual Meeting, with our events and speakers cross-listed in the AALS Annual Meeting Program. Panels and meals are to be held in the Marriott Marquis San Diego Marina. The cut-off date to register in our rooming block is December 20th, although it is likely to fill up sooner!
Please contact Nick Garfinkel ([email protected]) with any questions or concerns!
Conference Schedule
Thursday, January 5th
Welcome: 11:45 am - 12:00 pm
- Hon. Lee Liberman Otis, Senior Vice President, The Federalist Society
Luncheon Debate: Resolved: The Major Questions Doctrine Has No Place in Statutory Interpretation 12:00 pm - 1:00 pm
- Prof. Ilan Wurman, Associate Professor, Arizona State University, Sandra Day O'Connor College of Law
- Prof. Chad Squitieri, Assistant Professor, Catholic University, Columbus School of Law
- Moderator: Prof. Christopher J. Walker, Professor, University of Michigan Law School
7 Minute Presentations of Works in Progress Panel 1-A 3:00 pm - 4:15 pm
- Prof. Josh Blackman, "Salmon Chase, Jefferson Davis, and Caesar Griffin: Is Section 3 of the Fourteenth Amendment Self Executing," Professor, South Texas College of Law Houston
- Prof. Andrew DeLoach, "High Originals: Originalism for the Common Good," Associate Professor, Trinity Law School
- Prof. Scott Gerber, "Law as History: Law, Religion, and Historiography in Colonial America," Professor, Ohio Northern University Pettit College of Law
- Mr. Tyler Lindley, "Anachronistic Readings of the Ku Klux Klan Act," Research Fellow, Brigham Young University J. Reuben Clark Law School
- Prof. Michael Paulsen, "Section 3 Lives: The Constitution's Disqualification of Oath-Breaking Insurrectionists from Office," Distinguished University Chair and Professor, University of St. Thomas School of Law
- Moderator: Prof. Randy Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
7 Minute Presentations of Works in Progress Panel 1-B 3:00 pm - 4:15 pm
- Prof. Mark Kubisch, "Sustainable ESG," Assistant Professor, Pepperdine Caruso School of Law
- Prof. Tamar Meshel, "Arbitration as an Impure Public Good," Associate Professor, University of Alberta Faculty of Law
- Prof. Natalie Rhoads, "A Case for your Conscience: Why the Censor of Collective Speech is Antithetical to Constitutional Freedoms and the Search for Truth," Visiting Assistant Professor, Liberty University School of Law
- Prof. Stephen Ware, "Elections Not So Much," Frank Edwards Tyler Distinguished Professor, University of Kansas School of Law
- Moderator: Prof. Daniel B. Lyons, Professor, Boston College Law School
Welcome Remarks by AALS President-Elect, Dean Mark Alexander 4:30 pm - 4:45 pm
Panel: Election Law in Flux 4:45 pm - 6:30 pm
- Prof. Michael R. Dimino, Sr., Professor of Law, Widener University Commonwealth Law School
- Prof. Derek T. Muller, Ben V. Willie Professor in Excellence, Iowa College of Law
- Prof. Edward B. Foley, Ebersold Chair in Constitutional Law, The Ohio State University, Mortiz College of Law
- Prof. Franita Tolson, Pleger Chair in Law, University of Southern California, Gould School of Law
- Moderator: Prof. Robert Cottrol, Harold Paul Green Research Professor of Law, George Washington University Law School
Reception: Co-sponsored with the Institute for Humane Studies 6:30 pm - 7:30 pm
Friday, January 6th
Breakfast 8:00 am - 9:00 am
Panel: Politicization of the Economy 9:00 am - 10:45 am
- Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
- Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
- Prof. Sean J. Griffith, T.J. Maloney Chair in Business Law, Fordham University School of Law
- Prof. Adriana Z. Robertson, Donald N. Pritzker Professor of Business Law, University of Chicago Law School
- Moderator: Prof. Christina Parajon-Skinner, Assistant Professor, University of Pennsylvania, Wharton
7 Minute Presentations of Works in Progress Panel 2-A 11:00 am - 12:00 pm
- Prof. Johnny Buckles, "Constitutional Law and Tax Expenditures: A Prelude," Professor, University of Houston Law Center
- Prof. Sean J. Griffith, "What's Controversial About ESG? A Theory of Compelled Commercial Speech under the First Amendment," T. J. Maloney Chair and Professor of Law, Fordham Law School
- Prof. Tim Todd, "Interpretive Risk, Reducing Ambiguity, and Incentivizing Clear Rules: Applying Contra Proferentem in Tax Rulemaking," Professor, Liberty University School of Law
- Prof. Lorianne Updike-Toler, "The Crowd-Sourced Constitution," Assistant Professor, Northern Illinois University College of Law
- Moderator: Prof. Michael McGinniss, Professor, University of North Dakota School of Law
7 Minute Presentations of Works in Progress Panel 2-B 11:00 am - 12:00 pm
- Prof. Andrew Connors, "Make it Stop: Reining in ADA Website Trolls," Adjunct Assistant Professor, Liberty University School of Law
- Prof. Bashar Malkawi, "Remembered Information and Trade Secrets Misappropriation Claims," Global Professor of Practice in Law, University of Arizona James E. Rogers College of Law
- Prof. Erin Sheley, "Self Defense and the Rhetoric of Anger," Professor, California Western School of Law
- Prof. Moin Yahya, "The Legal (Constitutional and Moral) Case Against the Federal Reserve," Professor, University of Alberta Faculty of Law
- Moderator: Prof. Miranda Perry Fleischer, Richard and Kay Woltman Professor in Finance, University of San Diego School of Law
Panel: Dobbs & the Rule of Law (lunch included) 12:15 pm - 2:30 pm
- Prof. Sherif Girgis, Associate Professor, University of Notre Dame Law School
- Prof. Vicki C. Jackson, Laurence H. Tribe Professor of Constitutional Law, Harvard Law School
- Prof. J. Joel Alicea, Assistant Professor, The Catholic University of America, Columbus School of Law
- Prof. Reva Siegel, Nicholas deB. Katzenbach Professor of Law, Yale Law School
- Moderator: Prof. Stephen E. Sachs, Antonin Scalia Professor of Law, Harvard Law School
Young Legal Scholars Paper Presentation 2:45 - 4:45 pm
- Prof. Ilan Wurman, "Reversing Incorporation," Associate Professor, Arizona State University, Sandra Day O'Connor College of Law
- Prof. Jacob Schuman, "Revocation at the Founding," Assistant Professor, Penn State Law - University Park
- Prof. Mark Kubisch, "ESG, Public Pensions, and Compelled Speech," Assistant Professor, Pepperdine University, Caruso School of Law
- Prof. Caleb Griffin, "The Market for Investment," Assistant Professor, University of Arkansas-Fayetteville School of Law
- Prof. Marah Stith McLeod, "Is the Principle of Desert Unprincipled in Practice?," Associate Professor, University of Notre Dame Law School
- Commenter: Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
- Moderator: Prof. Paul G. Mahoney, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Panel: America and Her Discontents 5:00 pm - 6:30 pm
- Prof. Nicole Stelle Garnett, John P. Murphy Foundation Professor of Law, University of Notre Dame Law School
- Prof. Paul Gowder, Professor of Law, Northwestern Pritzker School of Law
- Prof. Josh Kleinfeld, Professor of Law, Northewestern Pritzker School of Law
- Moderator: Prof. Stephen E. Sachs, Antonin Scalia Professor of Law, Harvard Law School
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11:00 a.m. - 11:45 a.m.
Check-in
24th Annual Federalist Society Faculty Conference
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
333 W Harbor Dr
San Diego, CA 92101
11:45 a.m. - 12:00 p.m.
Welcome & Lunch
24th Annual Federalist Society Faculty Conference
Marina Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Speakers
12:00 p.m. - 1:00 p.m.
Luncheon Debate: Resolved: The Major Questions Doctrine Has No Place in Statutory Interpretation
24th Annual Federalist Society Faculty Conference
Marine Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Event Video
Description
In West Virginia v. EPA, decided this last term, the Supreme Court invoked the major questions doctrine to reject EPA's claim that the Clean Air Act granted it the authority effectivaly to require power plants to shift from generating electricity through coal to doing so through natural gas, wind, or solar sources. Should the doctrine continue to play a role in the interpretation of federal statutes? Is the major questions doctrine consistent with textualism? How does it relate to the nondelegation doctrine? Does it really protect congressional primacy in policymaking, or is it cover for deregulatory gridlock and the imposition of the judiciary's policy preferences?
Featuring:
- Prof. Ilan Wurman, Associate Professor, Arizona State University, Sandra Day O'Connor College of Law
- Prof. Chad Squitieri, Assistant Professor, Catholic University, Columbus School of Law
- Moderator: Prof. Christopher J. Walker, Professor, University of Michigan Law School
Speakers
3:00 p.m. - 4:15 p.m.
7 Minute Presentations of Works in Progress Panel 1-A
24th Annual Federalist Society Faculty Conference
La Costa
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Description
Featuring:
- Prof. Josh Blackman, "Salmon Chase, Jefferson Davis, and Caesar Griffin: Is Section 3 of the Fourteenth Amendment Self Executing," Professor, South Texas College of Law Houston
- Prof. Andrew DeLoach, "High Originals: Active and Passive Promotion of the Common Good," Associate Professor, Trinity Law School
- Prof. Scott Gerber, "Law as History: Law, Religion, and Historiography in Colonial America," Professor, Ohio Northern University Pettit College of Law
- Mr. Tyler B. Lindley, "Anachronistic Readings of the Ku Klux Klan Act," Research Fellow, Brigham Young University J. Reuben Clark Law School
- Prof. Michael Paulsen, "Section 3 Lives: The Constitution's Disqualification of Oath-Breaking Insurrectionists from Office," Distinguished University Chair and Professor, University of St. Thomas School of Law
- Moderator: Prof. Randy Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Speakers
3:00 p.m. - 4:15 p.m.
7 Minute Presentations of Works in Progress Panel 1-B
24th Annual Federalist Society Faculty Conference
Catalina
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Description
Featured:
- Prof. Mark Kubisch, "Sustainable ESG," Assistant Professor, Pepperdine Caruso School of Law
- Prof. Tamar Meshel, "Arbitration as an Impure Public Good," Associate Professor, University of Alberta Faculty of Law
- Prof. Natalie Rhoads, "A Case for your Conscience: Why the Censor of Collective Speech is Antithetical to Constitutional Freedoms and the Search for Truth," Visiting Assistant Professor, Liberty University School of Law
- Prof. Stephen Ware, "Elections Not So Much," Frank Edwards Tyler Distinguished Professor, University of Kansas School of Law
- Moderator: Prof. Daniel Lyons, Professor, Boston College Law School
Speakers
4:30 p.m. - 4:45 p.m.
Welcome Remarks by AALS President-Elect, Dean Mark Alexander
24th Annual Federalist Society Faculty Conference
Marina Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Event Video
Description
Featuring
- Dean Mark Alexander, AALS President-Elect
Speakers
4:45 p.m. - 6:30 p.m.
Panel: Election Law in Flux
24th Annual Federalist Society Faculty Conference
Marina Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Event Video
Description
Election law has attracted increasing academic and judicial scrutiny in recent years, with topics of concern ranging from the scope of the Voting Rights Act and the meaning of materiality in certain protections provided by the Civil Rights Act of 1964, to state regulation of absentee ballots and the limits of state legislative and judicial authority with respect to redistricting. This panel will discuss these and related developments.
Featured:
- Prof. Michael R. Dimino, Sr., Professor of Law, Widener University Commonwealth Law School
- Prof. Derek T. Muller, Ben V. Willie Professor in Excellence, Iowa College of Law
- Prof. Edward B. Foley, Ebersold Chair in Constitutional Law, The Ohio State University, Mortiz College of Law
- Prof. Franita Tolson, Pleger Chair in Law, University of Southern California, Gould School of Law
- Moderator: Prof. Robert Cottrol, Harold Paul Green Research Professor of Law, George Washington University Law School
Speakers
6:30 p.m. - 7:30 p.m.
Reception: Co-sponsored with the Institute for Humane Studies
24th Annual Federalist Society Faculty Conference
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
333 W Harbor Dr
San Diego, CA 92101
8:00 a.m. - 9:00 a.m.
Breakfast
24th Annual Federalist Society Faculty Conference
Marina Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
9:00 a.m. - 10:45 a.m.
Panel: Politicization of the Economy
24th Annual Federalist Society Faculty Conference
Marina Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Event Video
Description
The role of our democratically responsive institutions—and the legislature in particular—is increasingly performed by private economic actors and independent financial regulators willing to use their influence over capital to steer economic life pursuant to a set of politically charged values. Large firms, perhaps in response to customer demand or managerial preferences, attempt to influence a range of public policies, from gun rights to religious liberty to climate, now as a matter of common course. Financial institutions have become reluctant to lend to oil and gas companies. Financial regulators such as the Federal Reserve and the SEC have given tailwinds to these actions by requiring firms to consider climate risk when making business decisions. According to some, these steps are needed in light of Congress’s reluctance to address pressing social issues. According to others, contemporary congressional inertia is a feature of our system of separated powers and mixing economic and social justice issues is inconsistent with bedrock principles of free-market capitalism. This panel will consider the relationship between the economy, economic regulators, and the use of economic power to regulate social issues and influence public policy.
Featuring:
- Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
- Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
- Prof. Sean J. Griffith, T.J. Maloney Chair in Business Law, Fordham University School of Law
- Prof. Adriana Z. Robertson, Donald N. Pritzker Professor of Business Law, University of Chicago Law School
- Moderator: Prof. Christina Parajon-Skinner, Assistant Professor, University of Pennsylvania, Wharton
Speakers
11:00 a.m. - 12:00 p.m.
7 Minute Presentations of Works in Progress Panel 2-A
24th Annual Federalist Society Faculty Conference
La Costa
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Description
Featuring:
- Prof. Johnny Buckles, "Constitutional Law and Tax Expenditures: A Prelude," Professor, University of Houston Law Center
- Prof. Sean Griffith, "What's Controversial About ESG? A Theory of Compelled Commercial Speech under the First Amendment," T. J. Maloney Chair and Professor of Law, Fordham Law School
- Prof. Ben Johnson, "Don't Hate the Player Hate the Game: Omnicare at 20," Associate Professor, Penn State Law
- Prof. Lorianne Updike-Toler, "The Crowd-Sourced Constitution," Assistant Professor, Northern Illinois University College of Law
- Moderator: Prof. Michael S. McGinniss, Professor of Law, University of North Dakota School of Law
Speakers
11:00 a.m. - 12:00 p.m.
7 Minute Presentations of Works in Progress Panel 2-B
24th Annual Federalist Society Faculty Conference
Catalina
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Description
Featuring:
- Prof. Andrew Connors, "Make it Stop: Reining in ADA Website Trolls," Adjunct Assistant Professor, Liberty University School of Law
- Prof. Bashar Malkawi, "Remembered Information and Trade Secrets Misappropriation Claims," Global Professor of Practice in Law, University of Arizona James E. Rogers College of Law
- Prof. Erin Sheley, "Self Defense and the Rhetoric of Anger," Professor, California Western School of Law
- Prof. Moin Yahya, "The Legal (Constitutional and Moral) Case Against the Federal Reserve," Professor, University of Alberta Faculty of Law
- Moderator: Prof. Miranda Perry Fleischer, Richard and Kay Woltman Professor in Finance, University of San Diego School of Law
Speakers
12:00 p.m. - 12:45 p.m.
Lunch
24th Annual Federalist Society Faculty Conference
Marina Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
12:45 p.m. - 2:30 p.m.
Panel: Dobbs & the Rule of Law
24th Annual Federalist Society Faculty Conference
Marina Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Event Video
Description
This past June, the Supreme Court’s 6-3 decision in Dobbs v. Jackson Women’s Health Organization overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, holding that the Constitution does not protect a right to abortion. Critics argue that the Court’s decision to overrule precedents that have been in place for decades and that many took for granted poses a grave threat to the rule of law. Supporters argue that Roe’s declaration of a right to abortion ungrounded in constitutional text or in historical practice was a judicial usurpation that required correction. This panel will discuss these and related issues.
Featuring:
- Prof. Sherif Girgis, Associate Professor, University of Notre Dame Law School
- Prof. Vicki C. Jackson, Laurence H. Tribe Professor of Constitutional Law, Harvard Law School
- Prof. J. Joel Alicea, Assistant Professor, Catholic University of America, Columbus School of Law
- Prof. Reva Siegel, Nicholas deB. Katzenbach Professor of Law, Yale Law School
- Moderator: Prof. Stephen E. Sachs, Antonin Scalia Professor of Law, Harvard Law School
Speakers
2:45 p.m. - 4:45 p.m.
Young Legal Scholars Paper Presentation
24th Annual Federalist Society Faculty Conference
Marina Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Event Video
Description
Featuring:
- Prof. Ilan Wurman, "Reversing Incorporation," Associate Professor, Arizona State University, Sandra Day O'Connor College of Law
- Prof. Jacob Schuman, "Revocation at the Founding," Assistant Professor, Penn State Law - University Park
- Prof. Mark Kubisch, "ESG, Public Pensions, and Compelled Speech," Assistant Professor, Pepperdine University, Caruso School of Law
- Prof. Caleb Griffin, "The Market for Investment," Assistant Professor, University of Arkansas-Fayetteville School of Law
- Prof. Marah Stith McLeod, "Is the Principle of Desert Unprincipled in Practice?," Associate Professor, University of Notre Dame Law School
- Commenter: Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
- Moderator: Prof. Paul G. Mahoney, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Speakers
5:00 p.m. - 6:30 p.m.
Panel: America and Her Discontents
24th Annual Federalist Society Faculty Conference
Marina Ballroom Salon G
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Marriott Marquis San Diego Marina
333 W Harbor Dr
San Diego, CA 92101
Event Video
Description
Featuring:
- Prof. Nicole Stelle Garnett, John P. Murphy Foundation Professor of Law, University of Notre Dame Law School
- Prof. Joshua Kleinfeld, Professor of Law, Northwestern University Pritzker School of Law
- Prof. Paul Gowder, Professor of Law, Northwestern University Pritzker School of Law
- Moderator: Prof. Stephen E. Sachs, Antonin Scalia Professor of Law, Harvard Law School
