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26th Annual Federalist Society Faculty Conference

January 9 — 10, 2025
Moscone Center South
747 Howard St
San Francisco, CA 94103

26th Annual Federalist Society Faculty Conference


The 26th Annual Federalist Society Faculty Conference takes place January 9-10, 2025 in San Francisco, CA at the Moscone Center. The conference will proceed 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 will be held in the Moscone Center.

Conference Schedule

Thursday, January 9th

Welcome 11:30 am  - 11:40 pm

Luncheon Discussion: South Africa v. Israel Case: Allegations of Israeli Genocide in Gaza 11:40 pm  - 12:40 pm

  • Prof. Sam Estreicher, Dwight D. Opperman Professor of Public Law, New York University School of Law
  • Prof. Chimène Keitner, Martin Luther King Jr. Professor of Law, University of California Davis School of Law
  • Moderator: Hon. David Stras, Judge, United States Court of Appeals, Eighth Circuit

7 Minute Presentations of Works in Progress Panel 1-A 2:30 pm - 3:45 pm 

  • Prof. Eric Claeys, "Regulatory Takings and the Original Meaning of the Fourteenth Amendment," Professor of Law, George Mason University Antonin Scalia Law School
  • Prof. Mark Kubisch, “Constitutional Regulation of Foreign Corporate Speech,” Associate Professor of Legal Research and Writing, Pepperdine University Caruso School of Law
  • Prof. Michael J.Z. Mannheimer, "An Originalist Defense of Mapp,” Professor of Law, Northern Kentucky University Salmon P. Chase College of Law
  • Mr. Branton Nestor, “Judicial Power and Church Autonomy,” Non-resident Fellow, Stanford Constitutional Law Center
  • Prof. Mark Pickering, "The Challenge that the Uniqueness Objection Poses to Expressive Justifications of Punishment," Assistant Professor of Law, St. Thomas University Benjamin L. Crump College of Law
  • Prof. David Upham, Associate Professor of Law, St. Thomas University Benjamin L. Crump College of Law
  • Moderator: Prof. Joel Alicea, Associate Professor of Law and Director of the Law School's Center for the Constitution and the Catholic Intellectual Tradition, The Catholic University of America Columbus School of Law

7 Minute Presentations of Works in Progress Panel 1-B 2:30 pm - 3:45 pm

  • Prof. Christa Laser, "Scientific Educations Among U.S. Judges," Assistant Professor of Law, Cleveland State University College of Law
  • Mr. Brian Lipshutz, "Thunder Basin and the Timing of Judicial Review of Agency Action," Bigelow Fellow, University of Chicago Law School
  • Mr. Bradley Niederschulte, "Antitrust As Public Law," Olin-Searle-Smith Fellow in Law, Harvard Law School
  • Prof. Andrew Schwartz, "Ltd. Life Co.," Lawrence W. DeMuth Chair of Business Law, University of Colorado Law School
  • Prof. Daniel Slate, “Emergency Algorithms,” Visiting Assistant Professor, Notre Dame Law School
  • Moderator: Prof. Jeremy Kidd, Professor of Law, Drake University Law School

Welcome Remarks by AALS President-Elect Austen Parrish 4:00 pm - 4:15 pm

Panel: Institutional Neutrality in Academia and Beyond 4:15 pm - 6:00 pm

  • Prof. Andrew Crespo, Morris Wasserstein Public Interest Professor of Law, Harvard Law School
  • Prof. Evelyn Douek, Assistant Professor of Law, Stanford Law School
  • Prof. Robert George, McCormick Professor of Jurisprudence, Princeton University
  • Prof. Robert C. Post, Sterling Professor of Law, Yale Law School
  • Moderator: Prof. Stephen Sachs, Antonin Scalia Professor of Law, Harvard Law School

Reception 6:00 pm - 7:00 pm

Friday, January 10th

Breakfast 8:00 am - 9:00 am

Panel: Regulation of Algorithms 9:00 am - 10:45 am

  • Prof. Gregory Dickinson, Assistant Professor of Law, University of Nebraska–Lincoln College of Law
  • Mr. Dhruva Krishna, Visiting Jurist, UCLA School of Law
  • Prof. Christina Mulligan, Professor of Law, Brooklyn Law School
  • Prof. Eugene Volokh, Thomas M. Siebel Senior Fellow, Hoover Institution and Gary T. Schwartz Distinguished Professor of Law, University of California Los Angeles School of Law
  • Moderator: Prof. Saurabh Vishnubhakat, Professor of Law & Director, Intellectual Property and Information Law Program, Yeshiva University Benjamin N. Cardozo School of Law

7 Minute Presentations of Works in Progress Panel 2-A 11:00 am - 12:15 pm

  • Ms. Annika Boone Barkdull, "Facially Neutral Non-Funding Provisions: The Future of the Blaine Amendments Post-Carson v. Maikin," Fellow, Brigham Young University J. Reuben Clark Law School
  • Prof. Jacob Eisler, "Populist Primacy," James Edmund and Margaret Elizabeth Hennessey Corry Professor, Florida State University College of Law
  • Mr. Dhruva Krishna, "Legislation Killed the AI Star – Revisiting Likeness Legislation,” Visiting Jurist, UCLA School of Law
  • Prof. Tyler Lindley, "The Promise of Judicial Constraint," Associate Professor, Brigham Young University J. Reuben Clark Law School
  • Prof. Bradley Rebeiro, "Anti-Slavery and Anti-Commandeering," Associate Professor of Law, Brigham Young University J. Reuben Clark Law School
  • Prof. Kenneth Rosen, "Artificial Intelligence and the Dangers of Regulatory Exceptionalism,"Professor of Law, University of Alabama School of Law
  • Prof. Robert Steinbuch, "Protecting State Sunshine Laws from Anti-Madisonian Executive-Legislative Alliances," Professor of Law, University of Arkansas at Little Rock William H. Bowen School of Law
  • Moderator: Prof. Orin Kerr, William G. Simon Professor of Law, University of California Berkeley School of Law

7 Minute Presentations of Works in Progress Panel 2-B 11:00 am - 12:15 pm

  • Prof. Josh Blackman, "Bilateral Judicial Reform," Professor of Law and Centennial Chair of Constitutional Law, South Texas College of Law Houston
  • Prof. Kevin Haeberle, "The Liquidity Cost of Robust Securities Regulation," Professor of Law, University of California, Irvine School of Law
  • Prof. Haley Palfreyman Jankowski, "Why General Jurisdiction Should Run Away From Home," Assistant Professor of Law, South Texas College of Law Houston
  • Ms. Brittney Lane Kubisch, “Writs As the Jurisdictional Substance of Due Process,” Ken Starr Faculty Fellow, Pepperdine University Caruso School of Law
  • Prof. Tamar Meshel, "Efficiencies in Enforcing Arbitration Agreements: Lessons from Mass Arbitration and Wallrich v. Samsung," Associate Professor, University of Alberta Faculty of Law
  • Prof. Moin Yahya, "The Netherlands Commercial Court: A case study in Arbitral Courts," Professor, University of Alberta Faculty of Law
  • Moderator: Donald Childress, Professor of Law, Pepperdine University Caruso School of Law

Luncheon Panel: Abortion Law After Dobbs 12:30 pm - 2:30 pm

  • Prof. Stephanie Barclay, Professor of Law, Georgetown University Law Center
  • Dean Rachel Rebouché, Kean Family Dean and Peter J. Liacouras Professor of Law, Temple University School of Law
  • Prof. Stephen Sachs, Antonin Scalia Professor of Law, Harvard Law School
  • Prof. Mary Ziegler, Martin Luther King Jr. Professor of Law, UC Davis Law School
  • Moderator: Prof. Sherif Girgis, Associate Professor of Law, Notre Dame Law School

Young Legal Scholars Paper Presentations 2:45 pm - 4:45 pm

  • Prof. Sadie Blanchard, "Adjudicating ESG Reputation," Associate Professor of Law, Notre Dame Law School
  • Prof. Benjamin Chen, "What are Linguistic Canons for?," Associate Professor, University of Hong Kong Faculty of Law
  • Prof. Robert Leider, "The Individual Right to Bear Arms for Common Defense," Assistant Professor of Law, Antonin Scalia Law School, George Mason University
  • Prof. Tyler Lindley, "Reconstructing Section 1983," Associate Professor, Brigham Young University, J. Reuben Clark Law School
  • Mr. Luke Schumacher, "A Council of Grand Strategists: The Original Hope, Fear, and Intent of the U.S. Senate in Foreign Affairs," J.D. Candidate, Stanford Law School and Ph.D Candidate, University of Virginia Department of Politics
  • Commenter: Prof. Jud Campbell, Professor of Law, Stanford Law School
  • Commenter: Prof. Tara Leigh Grove, Vinson & Elkins Chair in Law, University of Texas at Austin School of Law
  • Commenter: Prof. Robert Miller, F. Arnold Daum Chair in Corporate Finance and Law, University of Iowa College of Law
  • Commenter: Prof. Brian Slocum, Stearns Weaver Miller Professor, Florida State University College of Law
  • Commenter: Prof. Keith Whittington, David Boies Professor of Law, Yale Law School
  • Moderator: Prof. Dale Carpenter, Judge William Hawley Atwell Chair of Constitutional Law, Altshuler Distinguished Teaching Professor, and Professor of Law, SMU Dedman School of Law

Panel: The Future of Administrative Statutes 5:00 pm - 6:30 pm

  • Prof. Eric Bolinder, Assisant Professor of Law, Liberty University School of Law
  • Prof. Tara Leigh Grove, Vinson & Elkins Chair in Law, University of Texas at Austin School of Law
  • Prof. Brian Slocum, Stearns Weaver Miller Professor, Florida State University College of Law
  • Moderator: Prof. Ilan Wurman, Julius E. Davis Professor of Law, University of Minnesota Law School
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11:30 a.m. - 11:40 a.m.
Welcome
   
Room 308
Moscone Center South
747 Howard St
San Francisco, CA 94103

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11:40 a.m. - 12:40 p.m.
Luncheon Discussion: South Africa v. Israel Case: Allegations of Israeli Genocide in Gaza
   
Room 308
Moscone Center South
747 Howard St
San Francisco, CA 94103

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Event Video

Description

 

Featuring:

  • Prof. Sam Estreicher, Dwight D. Opperman Professor of Public Law, New York University School of Law
  • Prof. Chimène Keitner, Martin Luther King Jr. Professor of Law, University of California Davis School of Law
  • Moderator: Hon. David Stras, Judge, United States Court of Appeals, Eighth Circuit

 

Speakers

2:30 p.m. - 3:45 p.m.
7 Minute Presentations of Works in Progress Panel 1-A
   
Room 305
Moscone Center South
747 Howard St
San Francisco, CA 94103

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Description

Featuring

  • Prof. Eric Claeys, "Regulatory Takings and the Original Meaning of the Fourteenth Amendment," Professor of Law, George Mason University Antonin Scalia Law School
  • Prof. Mark Kubisch, "Constitutional Regulation of Foreign Corporate Speech," Associate Professor of Legal Research and Writing, Pepperdine University Caruso School of Law
  • Prof. Michael J.Z. Mannheimer, "An Originalist Defense of Mapp,” Professor of Law, Northern Kentucky University Salmon P. Chase College of Law
  • Mr. Branton Nestor, "Judicial Power and Church Autonomy," Non-resident Fellow, Stanford Constitutional Law Center
  • Prof. Mark Pickering, "The Challenge that the Uniqueness Objection Poses to Expressive Justifications of Punishment," Assistant Professor of Law, St. Thomas University Benjamin L. Crump College of Law
  • Prof. David Upham, Associate Professor of Law, St. Thomas University Benjamin L. Crump College of Law
  • Moderator: Prof. Joel Alicea, Associate Professor of Law and Director of the Law School's Center for the Constitution and the Catholic Intellectual Tradition, The Catholic University of America Columbus School of Law

 

Speakers

2:30 p.m. - 3:45 p.m.
7 Minute Presentations of Works in Progress Panel 1-B
   
Room 306
Moscone Center South
747 Howard St
San Francisco, CA 94103

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Description

Featuring

  • Prof. Christa Laser, "Scientific Educations Among U.S. Judges," Assistant Professor of Law, Cleveland State University College of Law
  • Mr. Brian Lipshutz, "Thunder Basin and the Timing of Judicial Review of Agency Action," Bigelow Fellow, University of Chicago Law School
  • Mr. Bradley Niederschulte, "Antitrust As Public Law," Olin-Searle-Smith Fellow in Law, Harvard Law School
  • Prof. Andrew Schwartz, "Ltd. Life Co.," Lawrence W. DeMuth Chair of Business Law, University of Colorado Law School
  • Prof. Daniel Slate, "Emergency Algorithms," Visiting Assistant Professor, Notre Dame Law School
  • Moderator: Prof. Jeremy Kidd, Professor of Law, Drake University Law School

Speakers

4:00 p.m. - 4:15 p.m.
Remarks by AALS President-Elect Austen Parrish
   
Room 308
Moscone Center South
747 Howard St
San Francisco, CA 94103

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Event Video

4:15 p.m. - 6:00 p.m.
Panel: Institutional Neutrality in Academia and Beyond
   
Room 308
Moscone Center South
747 Howard St
San Francisco, CA 94103

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Description

Many institutions, particularly universities, have struggled to pursue their missions amid a polarized political world. To what extent is institutional neutrality the answer? And what does it mean for an institution to be neutral?

Featuring:

  • Prof. Andrew Crespo, Morris Wasserstein Public Interest Professor of Law, Harvard Law School
  • Prof. Evelyn Douek, Assistant Professor of Law, Stanford Law School
  • Prof. Robert George, McCormick Professor of Jurisprudence, Princeton University
  • Prof. Robert C. Post, Sterling Professor of Law, Yale Law School
  • Moderator: Prof. Stephen Sachs, Antonin Scalia Professor of Law, Harvard Law School

Speakers

6:00 p.m. - 7:00 p.m.
Reception
   
Room 307
Moscone Center South
747 Howard St
San Francisco, CA 94103

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8:00 a.m. - 9:00 a.m.
Breakfast
   
Room 308
Moscone Center South
747 Howard St
San Francisco, CA 94103

Share

9:00 a.m. - 10:45 a.m.
Panel: Regulation of Algorithms
   
Room 308
Moscone Center South
747 Howard St
San Francisco, CA 94103

Share

Event Video

Description

Opaque algorithms shape what news stories you see on social media, dictate how artificial intelligence answers prompts, and can even decide whether applicants get a mortgage or a job interview. Amidst claims of algorithmic race, gender, and viewpoint discrimination, more and more individuals of all political affiliations are calling for greater government regulation of algorithms, while regulatory skeptics worry that government intervention will impede important technological innovation. This panel will explore the wisdom of efforts to regulate algorithms and how best to frame concerns about algorithmic errors and bias.

Featuring:

  • Prof. Gregory Dickinson, Assistant Professor of Law, University of Nebraska–Lincoln College of Law
  • Mr. Dhruva Krishna, Visiting Jurist, University of California Los Angeles School of Law
  • Prof. Christina Mulligan, Professor of Law, Brooklyn Law School
  • Prof. Eugene Volokh, Thomas M. Siebel Senior Fellow, Hoover Institution and Gary T. Schwartz Distinguished Professor of Law, University of California Los Angeles School of Law 
  • Moderator: Prof. Saurabh Vishnubhakat, Professor of Law & Director, Intellectual Property and Information Law Program, Yeshiva University Benjamin N. Cardozo School of Law

 

Speakers

11:00 a.m. - 12:15 p.m.
7 Minute Presentations of Works in Progress Panel 2-A
   
Room 305
Moscone Center South
747 Howard St
San Francisco, CA 94103

Share

Description

Featuring:

  • Annika Boone Barkdull, "Facially Neutral Non-Funding Provisions: The Future of the Blaine Amendments Post-Carson v. Makin," Fellow, Brigham Young University J. Reuben Clark Law School
  • Prof. Jacob Eisler, "Populist Primacy," James Edmund and Margaret Elizabeth Hennessey Corry Professor, Florida State University College of Law
  • Mr. Dhruva Krishna, "Legislation Killed the AI Star – Revisiting Likeness Legislation," Visiting Jurist, UCLA School of Law
  • Prof. Tyler Lindley, "The Promise of Judicial Constraint," Associate Professor, Brigham Young University J. Reuben Clark Law School
  • Prof. Bradley Rebeiro, "Anti-Slavery and Anti-Commandeering," Associate Professor of Law, Brigham Young University J. Reuben Clark Law School
  • Prof. Kenneth Rosen, "Artificial Intelligence and the Dangers of Regulatory Exceptionalism,"Professor of Law, University of Alabama School of Law
  • Prof. Robert Steinbuch, "Protecting State Sunshine Laws from Anti-Madisonian Executive-Legislative Alliances," Professor of Law, University of Arkansas at Little Rock William H. Bowen School of Law
  • Moderator: Prof. Orin Kerr, William G. Simon Professor of Law, University of California Berkeley School of Law

Speakers

11:00 a.m. - 12:15 p.m.
7 Minute Presentations of Works in Progress Panel 2-B
   
Room 306
Moscone Center South
747 Howard St
San Francisco, CA 94103

Share

Description

Featuring:

  • Prof. Josh Blackman, "Bilateral Judicial Reform," Professor of Law and Centennial Chair of Constitutional Law, South Texas College of Law Houston
  • Prof. Kevin Haeberle, "The Liquidity Cost of Robust Securities Regulation," Professor of Law, University of California, Irvine School of Law
  • Prof. Haley Palfreyman Jankowski, "Why General Jurisdiction Should Run Away From Home," Assistant Professor of Law, South Texas College of Law Houston
  • Ms. Brittney Lane Kubisch, “Writs As the Jurisdictional Substance of Due Process,” Ken Starr Faculty Fellow, Pepperdine University Caruso School of Law
  • Prof. Tamar Meshel, "Efficiencies in Enforcing Arbitration Agreements: Lessons from Mass Arbitration and Wallrich v. Samsung," Associate Professor, University of Alberta Faculty of Law
  • Prof. Moin Yahya, "The Netherlands Commercial Court: A case study in Arbitral Courts," Professor, University of Alberta Faculty of Law
  • Moderator: Donald Childress, Professor of Law, Pepperdine University Caruso School of Law

Speakers

12:30 p.m. - 2:30 p.m.
Luncheon Panel: Abortion Law After Dobbs
   
Room 308
Moscone Center South
747 Howard St
San Francisco, CA 94103

Share

Event Video

Description

 

Featuring:

  • Prof. Stephanie Barclay, Professor of Law, Georgetown University Law Center
  • Dean Rachel Rebouché, Kean Family Dean and Peter J. Liacouras Professor of Law, Temple University School of Law
  • Prof. Stephen Sachs, Antonin Scalia Professor of Law, Harvard Law School
  • Prof. Mary Ziegler, Martin Luther King Jr. Professor of Law, UC Davis Law School
  • Moderator: Sherif Girgis, Associate Professor of Law, Notre Dame Law School

Speakers

2:45 p.m. - 4:45 p.m.
Young Legal Scholars Paper Presentations
   
Room 308
Moscone Center South
747 Howard St
San Francisco, CA 94103

Share

Event Video

Description

Featuring:

  • Prof. Sadie Blanchard, "Adjudicating ESG Reputation," Associate Professor of Law, Notre Dame Law School
  • Prof. Benjamin Chen, "What are Linguistic Canons for?," Associate Professor, University of Hong Kong Faculty of Law
  • Prof. Robert Leider, "The Individual Right to Bear Arms for Common Defense," Assistant Professor of Law, Antonin Scalia Law School, George Mason University
  • Prof. Tyler Lindley, "Reconstructing Section 1983," Associate Professor, Brigham Young University, J. Reuben Clark Law School
  • Mr. Luke Schumacher, “A Council of Grand Strategists: The Original Hope, Fear, and Intent of the U.S. Senate in Foreign Affairs,” J.D. Candidate, Stanford Law School and Ph.D Candidate, University of Virginia Department of Politics
  • Commenter: Prof. Jud Campbell, Professor of Law, Stanford Law School
  • Commenter: Prof. Tara Leigh Grove, Vinson & Elkins Chair in Law, University of Texas at Austin School of Law
  • Commenter: Prof. Robert Miller, F. Arnold Daum Chair in Corporate Finance and LawUniversity of Iowa College of Law
  • Commenter: Prof. Brian Slocum, Stearns Weaver Miller Professor, Florida State University College of Law
  • Commenter: Prof. Keith Whittington, David Boies Professor of Law, Yale Law School
  • Moderator: Prof. Dale Carpenter, Judge William Hawley Atwell Chair of Constitutional Law, Altshuler Distinguished Teaching Professor, and Professor of Law, SMU Dedman School of Law

Speakers

5:00 p.m. - 6:30 p.m.
Panel: The Future of Administrative Statutes
   
Room 308
Moscone Center South
747 Howard St
San Francisco, CA 94103

Share

Event Video

Description

This panel will explore the Court’s recent decision in Loper Bright as well as its major questions cases. What impact will overturning Chevron deference have on the major questions doctrine? How do the two doctrinal developments relate? How do they connect to the non-delegation doctrine? These and related questions will be examined.

Featuring:

  • Prof. Eric Bolinder, Assisant Professor of Law, Liberty University School of Law
  • Prof. Tara Leigh Grove, Vinson & Elkins Chair in Law, University of Texas at Austin School of Law
  • Prof. Brian Slocum, Stearns Weaver Miller Professor, Florida State University College of Law
  • Moderator: Prof. Ilan Wurman, Julius E. Davis Professor of Law, University of Minnesota Law School

 

 

Speakers

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