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2019 National Student Symposium

The Resurgence of Economic Liberty

March 15 — 16, 2019

On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 38th National Student Symposium in Phoenix, AZ. The theme for the Symposium was “The Resurgence of Economic Liberty.” Audio and video is now available on the agenda tabs.

Fees • Travel Scholarship • Lodging

Arizona has long been at the forefront of promoting economic liberty and free market ideals, and this year’s symposium reflects this commitment by focusing on "The Resurgence of Economic Liberty."  The theme is inspired by Frédéric Bastiat’s maxim: “Life, liberty, and property do not exist because men have made laws.  On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.”

The story of the American founding is inextricably linked with a quest for economic liberty.  From restrictions on trade to heavy taxes, tyranny in the economic sphere is one of the most commonly cited abuses of governmental power that sparked the American Revolution.  Economic theories played a central role in the debates leading to the Constitution’s ratification. In discussing factions, relations among the states, congressional powers, and other fundamental constitutional themes, the Founders recognized the critical ways in which the ideas of liberty, justice, and equality could only be realized through an understanding of markets and related economic interests.

Indeed, the “American Dream” itself can be characterized in terms of economic self-determination, including the right to choose a profession, earn a livelihood, and buy and sell on the same terms as fellow citizens.  The twentieth century witnessed a vast expansion of governmental power and the administrative state, which some scholars have argued has distorted the Framers’ original constitutional design—all with a profound impact on economic liberty and welfare, and thus the way of life for millions of Americans.

Today, Americans remain deeply divided over the meaning and importance of economic liberty, and, as a result, the topic often animates social discourse and decision-making at all levels of government.  The question of how much the government ought to intrude into the economic realm is a fundamental fault line that divides not only American conservatives and liberals, but also conservatives and libertarians, as well as adherents to various schools of thought within each of those political philosophies.  As a matter of constitutional interpretation, even staunch originalists disagree with one another over the extent to which the nation’s charter protects economic liberty.

The Symposium’s panels will focus on the legal and philosophical roots of economic liberty and explore how those roots should inform jurisprudence and political thought in addressing contemporary issues.  The panels will delve deeply into first principles underlying our constitutional scheme as well as explore their application to cutting-edge technologies, regulatory schemes, and business models. We will challenge attendees to deepen their understanding of the relationship between economic liberty and legal rights, and to test personal economic beliefs against commitments to originalism and the rule of law.

Friday Evening Keynote:

Is Lochner v. New York Constitutionally Indefensible?

Richard Epstein
Prof. Richard Epstein
Laurence A. Tisch Professor of Law and
Director, Classical Liberal Institute,
New York University School of Law

Saturday Evening Banquet "Fireside Chat" Keynote:

We're thrilled to announce that Arizona Governor Doug Ducey will be our Keynote speaker at the Saturday evening banquet. Governor Ducey was the CEO of Cold Stone Creamery before becoming Arizona's 32nd State Treasurer. In 2014 he was elected the 23rd Governor of Arizona.

This will be a "fireside chat" moderated by Senator Jon Kyl (AZ), former member of the U.S. House of Representatives (AZ) (1987-1995), Senate Minority Whip (2007-2013), Chairman of the Republican Policy Committee (2003-2007) and Republican Conference (2007). 

Gov. Doug Ducey
Arizona Governor Doug Ducey


Moderator: Sen. Jon Kyl (AZ)
Photo credit: U.S. Senate Photographic Studio

SYMPOSIUM FEES:

Student Symposium Registration ONLY (includes all events except the Saturday night cocktail reception and banquet.):

  • $10 (student members)
  • $100 (non-student members)

Banquet and Saturday night cocktail reception (This does not include Student Symposium registration. You must also register for the Student Symposium Registration as well if you’d like to attend the panels/lunch.):

  • $55 (student members)
  • $200 (non-student members)

Banquet registration is now closed. If you are still interested in attending the banquet, a few tickets may be available at on-site registration.

TRAVEL SCHOLARSHIP:

50% TRAVEL SCHOLARSHIP (TRAVEL ONLY—does not include lodging) FOR DUES-PAYING STUDENT MEMBERS: https://fedsoc.org/travelscholarship

JOIN OR RENEW YOUR STUDENT MEMBERSHIP ($5): https://fedsoc.org/join

LODGING:

Rather than reserve a block of rooms at a predetermined hotel, ASU Law has embraced the symposium theme of economic liberty and provided Symposium attendees with a link through which you can access all ASU-wide hotel special hotel rates in the Phoenix area.  This optimizes consumer choice, and hopefully will lead to more efficient outcomes.  That said, Phoenix hotels book very quickly during March with great weather and lots of Baseball Spring Training going on in the area.  Make sure to book your hotel rooms early!

ASU Law discount lodging link:
https://visit.asu.edu/travel

The hotel where most non-panel events will be held is the Sheraton Grand Phoenix Hotel, located directly across the street from ASU Law at: 340 N 3rd St., Phoenix, AZ 85004.

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3:00 p.m. - 5:00 p.m.
Registration & Snacks

2019 National Student Symposium

Fort McDowell Yavapai Nation Courtyard & Room 544 - Beus Center for Law & Society (BCLS)
111 E Taylor Street
Phoenix, AZ 85004

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5:00 p.m. - 5:30 p.m.
Opening Remarks and Welcome to Arizona

2019 National Student Symposium

Topics: Constitution • Law & Economics • Supreme Court
BCLS W.P. Carey Foundation Armstrong Great Hall
111 E Taylor Street
Phoenix, AZ 85004

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On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 2019 National Student Symposium. The symposium opened with a keynote lecture by Prof. Richard Epstein on "Is Lochner v. New York Constitutionally Indefensible?"

KEYNOTE TOPIC: Is Lochner v. New York Constitutionally Indefensible?

Is Lochner v New York constitutionally indefensible? It is commonly asserted that there are only four cases in American constitutional history that are beyond the pale:  Dred Scott v. Sanford, Plessy v. Ferguson, Korematsu v United States, and Lochner v. New York.  The stark contrast between decisions that have thwarted economic and social liberties and the one case that defends it, should itself be sufficient to explain why economic liberties today deserve increased constitutional protection.  In this lecture, Professor Epstein will examine the yawning gulf between Lochner and these three other decisions.

Featuring:

  • Grant Frazier, ASU Sandra Day O'Connor College of Law
  • Dean Douglas Sylvester, ASU Sandra Day O'Connor College of Law
  • Prof. Richard Epstein, New York University School of Law

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

5:45 p.m. - 7:30 p.m.
Panel 1: The Original Understanding of “Privileges or Immunities”

2019 National Student Symposium

Topics: Fourteenth Amendment • Constitution • Law & Economics • Supreme Court
BCLS W.P. Carey Foundation Armstrong Great Hall
111 E Taylor Street
Phoenix, AZ 85004

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On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 2019 National Student Symposium. The first panel discussed "The Original Understanding of 'Privileges of Immunities'".

Scholars contest the original meaning of the Fourteenth Amendment. In 1873, the Supreme Court rejected a challenge to state economic regulations under the Privileges or Immunities Clause of the Fourteenth Amendment in the Slaughter-House Cases. Since then, the Privileges or Immunities Clause has been best known as a “practical nullity.” However, Justice Thomas provided a strong challenge to this interpretation in his McDonald v. City of Chicago concurrence.

This panel explores whether the Fourteenth Amendment was principally concerned with equality, guaranteeing fundamental rights, or both. If the Fourteenth Amendment does guarantee fundamental rights, does it merely incorporate the bill of rights against the states, or does it do more and provide protections for economic liberty? And was the Amendment intended to accomplish these purposes through a substantive notion of “due process” or through the Privileges or Immunities Clause? Is the fundamental-rights view inconsistent with judicial restraint? This panel will discuss these fundamental questions concerning the Fourteenth Amendment’s original meaning, and whether maintaining an expansive notion of substantive due process or resurrecting the Privileges or Immunities Clause would be an ill-conceived invitation to judicial activism.

  • Prof. Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown Law
  • Prof. Kurt T. Lash, E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
  • Prof. Ilan Wurman, Visiting Assistant Professor, ASU Sandra Day O’Connor College of Law
  • Prof. Rebecca E. Zietlow, Charles W. Fornoff Professor of Law and Values, University of Toledo College of Law
  • Moderator: Judge Amul R. Thapar, United States Court of Appeals, Sixth Circuit

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

Speakers

7:30 p.m. - 7:40 p.m.
The Second Annual Article I Writing Contest Winner Presentation

2019 National Student Symposium

Topics: Article I Initiative • Federalist Society
BCLS W.P. Carey Foundation Armstrong Great Hall
111 E Taylor Street
Phoenix, AZ 85004

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On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 2019 National Student Symposium. The winner of the second Annual Article I Initiative Writing Contest was Deion Kathawa, a student at Notre Dame Law School.

The Federalist Society's Article I Initiative is focused on the critical issue of why the modern Congress is not functioning as the most powerful branch as envisioned by the Framers. In order to help engage new thought and discussion, the Initiative's second annual writing contest dealt with the theme "Ambition Counteracting Ambition: Enduring Principle or Failed Experiment?"

Featuring:

  • Nathan Kaczmarek, Director, Article I Initiative | Director, Regulatory Transparency Project, The Federalist Society for Law and Public Policy Studies
  • Deion Kathawa, Notre Dame Law School

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

Speakers

7:40 p.m. - 8:00 p.m.
RTP Film Screening of "They Say It Can't Be Done"

2019 National Student Symposium

Topics: Administrative Law & Regulation • Federalist Society • Regulatory Transparency Project
BCLS W.P. Carey Foundation Armstrong Great Hall
111 E Taylor Street
Phoenix, AZ 85004

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Nate Kaczmarek, Director of the Federalist Society's Regulatory Transparency Project, will introduce filmmakers Patrick Reasonover and Jo Jenson from Just Add Firewater to talk about RTP's forthcoming full length, documentary film "They Say It Can't Be Done" and provide a preview screening for the conference. Afterward the filmmakers will be available to speak with students about the film at the reception.

Speakers

8:00 p.m. - 10:00 p.m.
Cocktail Reception

2019 National Student Symposium

Snell & Wilmer Plaza
111 E Taylor Street
Phoenix, AZ 85004

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7:30 a.m. - 9:00 a.m.
Buffet Breakfast

2019 National Student Symposium

Snell & Wilmer Plaza
111 E Taylor Street
Phoenix, AZ 85004

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7:30 a.m. - 9:00 a.m.
Registration

2019 National Student Symposium

BCLS John J. Bouma Lobby
111 E Taylor Street
Phoenix, AZ 85004

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9:00 a.m. - 10:45 a.m.
Panel 2: Is Economic Protectionism a Legitimate State Interest?

2019 National Student Symposium

Topics: Law & Economics
W.P. Carey Great Hall, Beus Center for Law and Society (ASU Law)
111 E Taylor Street
Phoenix, AZ 85004

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On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 2019 National Student Symposium. The second panel asked "Is Economic Protectionism a Legitimate State Interest?".

The Tenth Circuit held in Powers v. Harris that “intra-state economic protectionism, absent a violation of a specific federal statutory or constitutional provision, is a legitimate state interest.” The Second Circuit agrees. In contrast, the Fifth and Sixth Circuits have struck down laws aimed at protecting local economic actors as unjustified by state police power. Does a state violate the Equal Protection Clause when it restricts economic liberty for the sole purpose of economic protectionism?  For example, is the Equal Protection Clause violated when a state doesn’t make an activity or ownership of a certain type of property per se illegal, but the state employs economic “checkpoints” to significantly discourage the activity or specified property ownership (i.e., guns, pornography, etc.).

This panel will also explore the impact of cronyism on emerging technologies and federalism. For example, had Uber and Lyft not been so successful in expeditiously building themselves up before being taken seriously by regulators and traditional industry competitors (i.e., taxi companies), the taxi companies likely could have, and would have, lobbied to pass legislation and create regulations making ridesharing companies like Uber and Lyft illegal, or so cost prohibitive as to preclude the ridesharing industry from ever being financially viable. 

  • Prof. Paul Bender, Dean Emeritus and Professor of Law, ASU Sandra Day O’Connor College of Law
  • Dr. Yaron Brook, Chairman of the Board, Ayn Rand Institute
  • Prof. Roderick M. Hills, Jr., William T. Comfort, III Professor of Law, NYU Law
  • Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School
  • Moderator: Hon. Edith H. Jones, United States Court of Appeals, Fifth Circuit

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

Speakers

11:00 a.m. - 12:45 p.m.
Panel 3: Economic Liberty in Criminal Justice: Business Crimes and Economic Sanctions

2019 National Student Symposium

Topics: Criminal Law & Procedure • Law & Economics
W.P. Carey Great Hall, Beus Center for Law and Society (ASU Law)
111 E Taylor Street
Phoenix, AZ 85004

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On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 2019 National Student Symposium. The third panel explored "Economic Liberty in Criminal Justice: Business Crimes and Economic Sanctions".

Although criminal justice is often associated with non-economic issues—such as those raised by violent crimes and long prison sentences—the system regularly implicates individual economic liberty, as can be seen in the prohibition and prosecution of certain commercial and financial interactions. Sometimes individuals are held strictly liable for their actions even in the absence of force, fraud, or direct harm. In turn, the government may impose a variety of economic sanctions for purported wrongdoing, with fines, fees, and forfeitures levied in legal processes which often seem bereft of basic procedural protections. This panel will explore these and other criminal justice issues and the implications for individual economic liberty.

  • Prof. Beth A. Colgan, Assistant Professor of Law, UCLA Law
  • Prof. Erik Luna, Amelia D. Lewis Professor of Constitutional and Criminal Law, ASU Sandra Day O’Connor College of Law
  • Ms. Christina Sandefur, Executive Vice President, Goldwater Institute
  • Mr. Peter J. Wallison, Senior Fellow and Arthur F. Burns Fellow in Financial Policy Studies, American Enterprise Institute
  • Moderator: Hon. Elizabeth L. Branch, U.S. Court of Appeals, Eleventh Circuit

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

Speakers

12:45 p.m. - 2:00 p.m.
Becoming an Academic

2019 National Student Symposium

Topics: Federalist Society
BCLS Room 240
111 E Taylor Street
Phoenix, AZ 85004

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Box lunches will be available for pick up in the Snell & Wilmer Plaza.

Panelists:

  • Prof. Randy Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
  • Prof. Sam Bray, Professor of Law, Notre Dame Law School
  • Prof. Tessa Dysart, Assistant Director of Legal Writing & Associate Clinical Professor of Law, University of Arizona, James E. Rogers College of Law
  • Prof. Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law
  • Prof. John McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law
  • Moderator: Hon. Lee Liberman Otis, Senior Vice President & Faculty Division Director, The Federalist Society

Speakers

12:45 p.m. - 2:00 p.m.
An Introduction to the Lawyers Division

2019 National Student Symposium

Topics: Federalist Society
BCLS W.P. Carey Foundation Armstrong Great Hall
111 E Taylor Street
Phoenix, AZ 85004

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Box lunches will be available for pick up in the Snell & Wilmer Plaza.

Panelists:

  • Mr. Paul Avelar, Managing Attorney of the Institute for Justice Arizona Office
  • Mr. Kory Langhofer, Managing Partner, Statecraft
  • Hon. John Lopez IV, Arizona Supreme Court
  • Hon. Jennifer Perkins, Arizona Court of Appeals, Division One
  • Mr. Stephen Richer, Associate, Steptoe & Johnson LLP
  • Moderator: Ms. Lisa Ezell, Vice President & Director of Lawyers Chapters, The Federalist Society

Speakers

12:45 p.m. - 2:00 p.m.
Lunch Break

2019 National Student Symposium

Various Rooms
111 E Taylor St
Phoenix, AZ 85004

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Box lunches will be available for pick up in the Snell & Wilmer Plaza.

Breakout Sessions:

  • An Introduction to the Lawyers Division - BCLS W.P. Carey Foundation Armstrong Great Hall
  • Becoming an Academic - BCLS Room 240
2:00 p.m. - 3:45 p.m.
Panel 4: Blockchain-Backed Cryptocurrencies: Order Without Law in the Digital Age

2019 National Student Symposium

Topics: Financial Services • Law & Economics
BCLS W.P. Carey Foundation Armstrong Great Hall
111 E Taylor St
Phoenix, AZ 85004

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On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 2019 National Student Symposium. The fourth panel discussed "Blockchain-Backed Cryptocurrencies: Order Without Law in the Digital Age".

In the wake of skyrocketing Bitcoin and other cryptocurrency prices, the SEC has argued that cryptocurrencies should be regulated as securities. Yet, many of those responsible for developing cryptocurrencies view them as an efficient, reliable way of storing and exchanging value without government interference or regulation. This panel will discuss the likelihood that cryptocurrencies will play a meaningful role in the global economy, and if and how they should be regulated.

  • Ms. Mary Beth Buchanan, General Counsel, Kraken Cryptocurrency Exchange
  • Mr. Jim Harper, Former Executive Vice President, Competitive Enterprise Institute
  • Prof. Gary Marchant, Regent’s Professor of Law and Director for the Center for Law, Science and Innovation, ASU Sandra Day O’Connor College of Law
  • Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern Pritzker School of Law
  • Moderator: Hon. John B. Nalbandian, United States Court of Appeals, Sixth Circuit

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

Speakers

4:00 p.m. - 5:45 p.m.
Roundtable: Federalism’s Contribution to Economic Liberty: Catalyzing Technological Advancement and Economic Growth

2019 National Student Symposium

Topics: Federalism • Fourteenth Amendment • Law & Economics
BCLS W.P. Carey Foundation Armstrong Great Hall
111 E Taylor Street
Phoenix, AZ 85004

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On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 2019 National Student Symposium. The roundtable discussion covered "Federalism's Contribution to Economic Liberty: Catalyzing Technological Advancement and Economic Growth".

Does the Fourteenth Amendment guarantee economic liberty? If not, what role might states play in advancing economic liberty? Frustrated with the federal government’s inability or unwillingness to solve regulatory or competition-based problems, some states have taken matters into their own hands. This panel will address how states have been, and still can be, laboratories of democracy when it comes to regulation and catalyzing economic growth. It will also address how federal regulators can work with, not against, states to accomplish these goals.

Using case studies ranging from emerging technologies to marijuana deregulation, the panel will explore the state’s role in our modern federal system, with special attention paid to modern interpretations of both the Fourteenth Amendment and the Commerce Clause.

Discussion will focus on demonstrating the ways in which states can remain flexible in fostering innovation—both technological and regarding social policy—while ensuring that consumers are adequately protected from dangerous product or service testing or other offerings. This flexibility enables states to attract, test, and encourage competition in emerging and innovative technologies, as well as long-existing technologies with lowered barriers to entry.

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director of the Center for Business Law & Regulation, Case Western Reserve University School of Law
  • Ms. Dana Berliner, Senior Vice President and Litigation Director, Institute for Justice
  • Hon. Clint Bolick, Arizona Supreme Court
  • Hon. Mark Brnovich, Arizona Attorney General
  • Prof. Allan Ides, Professor of Law and Christopher N. May Chair, Loyola Law School, Los Angeles
  • Moderator: Hon. Chad Readler, U.S. Court of Appeals, Sixth Circuit

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

Speakers

6:00 p.m. - 7:00 p.m.
Cocktail Reception

2019 National Student Symposium

Sheraton Grand Phoenix Hotel, Valley Overlook
340 N 3rd Street
Phoenix, AZ 85004

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7:00 p.m. - 9:00 p.m.
Banquet Dinner & Presentation of the Annual Joseph Story Award

2019 National Student Symposium

Topics: Federalist Society
Sheraton Grand Phoenix Hotel, Valley of the Sun Ballroom
340 N 3rd St
Phoenix, AZ 85004

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On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 2019 National Student Symposium. The 2019 Joseph Story Award was awarded to Prof. Samuel Bray of the Notre Dame Law School.

The Joseph Story Award is named for Joseph Story, who was appointed to the Supreme Court at the age of 32, served as the first Dane Professor of Law at Harvard, and wrote the Commentaries on the Constitution of the United States. It is the successor to the Paul M. Bator Award. 

The Joseph Story Award is given annually to a young academic (40 and under) who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made significant public impact in a manner that advances the rule of law in a free society.

Featuring:

  • Eugene Meyer, President, The Federalist Society
  • Walter Pelton, Vice President and Chair of the Joseph Story Award, University of Chicago Law School Federalist Society
  • Prof. Samuel Bray, Professor of Law, Notre Dame Law School

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

Speakers

9:00 p.m. - 10:00 p.m.
A Fireside Chat with Governor Doug Ducey and Senator Jon Kyl

2019 National Student Symposium

Topics: Federalism • State Courts • State Governments
Sheraton Grand Phoenix Hotel, Valley of the Sun Ballroom
340 N 3rd St
Phoenix, AZ 85004

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On March 15-16, 2019, the Federalist Society's student chapter at the ASU Sandra Day O'Connor College of Law hosted the 2019 National Student Symposium. The banquet dinner featured a fireside chat with Arizona Governor Doug Ducey and Senator Jon Kyl.

Featuring:

  • Introduction: Eugene Meyer, President, The Federalist Society
  • Moderator: Senator Jon Kyl, Arizona
  • Governor Doug Ducey, Arizona

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

Speakers

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