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2017 Annual Texas Chapters Conference

The Executive Power Shall Be Vested in the President

September 22 — 23, 2017

2017 Annual Texas Chapters Conference
September 22-23, 2017

Texas Chapters Conference—The Executive Power Shall Be Vested in the President:  

The Houston Lawyers Chapter invites you to join us for the third annual Texas Chapters Conference, which will focus on Executive Power.  How powerful is the office of the Presidency under the law?  Has the Executive Branch become more powerful in recent years?  What scope of discretion does the Executive have in its role enforcing the law?  Whether it is Executive action on immigration, states claiming overreach from the Executive Branch, or ethics in the White House, the role and power of the President and Executive Branch is the subject of fierce debate. Where debate over Executive power is often shaped by policy choices and political rhetoric, this conference examines the constitutional and statutory bases for Executive power, and the role of federalism, separation of powers, and ethics in constraining that power.

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6:00 p.m. - 8:00 p.m.
Opening Reception
The Houstonian - Hearth Room
111 North Post Oak Lane
Houston, TX 77024

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9:00 a.m. - 9:15 a.m.
Welcome
The Houstonian
111 North Post Oak Lane
Houston, TX 77024

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9:15 a.m. - 10:45 a.m.
Panel One: Executive Power Over Immigration

2017 Annual Texas Chapters Conference

Topics: Civil Rights • Constitution • Federalism • International & National Security Law
The Houstonian
111 North Post Oak Lane
Houston, TX 77024

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Description

What is the constitutional and statutory scope of the Executive Branch’s power in the area of immigration?  And how does the Executive’s enforcement, or lack of enforcement, of immigration law impact states and local cities?  This panel is a discussion from federal and state perspectives on the current status of the Executive’s implementation of immigration law and the scope of the Executive Branch’s power and discretion in the area of immigration.  Topics include:  Prosecutorial discretion in the enforcement of immigration law, the Executive’s statutory and constitutional power to exclude aliens from entry, sanctuary cities and the potential consequences of refusing to cooperate with federal immigration authorities, and whether statements made on the campaign trail can be used in determining the legality of an Executive order.  The panel will be moderated by Judge Jerry Smith.

  • Allyson Ho – Partner, Morgan Lewis
  • Brantley Starr - Deputy First Assistant Attorney General, State of Texas
  • Andre Segura – Legal Director, American Civil Liberties Union of Texas
  • Moderator: Hon. Jerry Smith –  U.S. Court of Appeals, Fifth Circuit

Speakers

11:00 a.m. - 12:30 p.m.
Panel Two: Ethics in the Executive Branch

2017 Annual Texas Chapters Conference

Topics: Administrative Law & Regulation • Federalism • Professional Responsibility & Legal Education
The Houstonian
111 North Post Oak Lane
Houston, TX 77024

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Description

The greater the power of the Executive, the greater the imperative to adhere to the highest ethical standards in the execution of the Executive’s duties.  A proposition likely to garner widespread support in theory; but as they say, the devil is in the details.  This panel examines the legal and practical bases from which Executive Branch ethics are derived, as well as the role and function of those ethical standards in executing the Executive’s duties.   Topics include: The extent to which the President is bound by ethics laws, the role of White House Counsel in ensuring adherence to ethics standards in the Executive Branch, and the ethics involved in the selection of a Supreme Court nominee and the role of the Executive Branch in the confirmation process.  The panel will be moderated by Judge Jennifer Walker Elrod.

Speakers:

  • Bobby Burchfield, Partner, King & Spalding
  • Adam White, Research Fellow, Hoover Institution; Director of the Center for Study of the Administrative State at George Mason University’s Antonin Scalia Law School
  • Tobi Young, General Counsel, Staff Secretary, and Secretary of the Board, George W. Bush Presidential Center
  • Moderator: Hon. Jennifer Elrod, U.S. Court of Appeals, Fifth Circuit

Speakers

12:45 p.m. - 2:15 p.m.
Keynote Address by Senator John Cornyn

2017 Annual Texas Chapters Conference

Topics: Federalism
The Houstonian
111 North Post Oak Lane
Houston, TX 77024

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Keynote: Senator John Cornyn, U.S. Senator, TX
Introduction: Charles Eskridge, Partner, Quinn Emanuel

Speakers

2:30 p.m. - 4:00 p.m.
Panel Three: Federalism as a Check on Executive Authority

2017 Annual Texas Chapters Conference

Topics: Federalism
The Houstonian
111 North Post Oak Lane
Houston, TX 77024

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Description

EPA regulatory power, voting rights and redistricting, federal directives regarding transgender persons, the constitutionality of ACA provisions, and seized execution drugs.  Texas, often joined by other states, sued the federal government at least forty-eight times during the Obama administration.  Suits are currently pending against the Trump Administration pertaining to the Emoluments Clause and environmental policy.  This panel examines the role of the states in checking Executive authority in an era of executive action and the administrative state’s regulatory growth. Topics include:  Whether and how the Executive Branch has increased its power in recent years, federal interference with state policy choices and core powers, and litigating against Executive overreach.  The panel will be moderated by Justice Jeff Brown.  

Speakers:

  • Caitlin Halligan, Partner, Gibson Dunn; Former New York Solicitor General
  • Scott Keller, Texas Solicitor General 
  • Prof. Ernest Young, Alston & Bird Professor of Law, Duke University
  • Moderator: Hon. Jeff Brown, Supreme Court of Texas

Speakers

4:00 p.m. - 5:00 p.m.
Closing Reception

2017 Annual Texas Chapters Conference

The Houstonian
111 North Post Oak Lane
Houston, TX 77024

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