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Federalist Society

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Federalist Society

Sep 20 2022

Tuesday 6:00 p.m. EDT

The Bane of the Administrative State? The Nondelegation and Major Questions Doctrines After West Virginia v. EPA

DC Young Lawyers Chapter

Washington, DC

Speakers:

Philip A. Hamburger • Victoria Nourse • Neomi Rao • Yaakov M. Roth

Topics:

Article I Initiative

Sponsors:

DC Young Lawyer Chapter • Article I Initiative

In-Person Event

Sep 20 2022

Tuesday 6:00 p.m. EDT

September Happy Hour

Atlanta Young Lawyers Chapter

Atlanta, GA

Sponsors:

Atlanta Young Lawyer Chapter

In-Person Event

Sep 20 2022

Topics

Federalist Society

Blog Post

News

Ken Starr: The Quiet Warrior

Anna Cotton

It was the summer of 2003. I was interning at the U.S. Solicitor General’s office...

Sep 16 2022

Friday 11:30 a.m. CDT

A Discussion of Cancel Culture with Jonathan Urick

New Orleans Lawyers Chapter

New Orleans, LA

Speakers:

Jonathan D. Urick

Sponsors:

New Orleans Lawyer Chapter

In-Person Event

Sep 15 2022 Video

Revealing Documents from the Watergate Prosecutions

Paul S. Diamond, Theodore B. Olson, Stephen A. Saltzburg, Geoff Shepard, Laurence H. Silberman

The Watergate scandal culminated in the resignation of President Richard Nixon and the conviction of...

Topics: Constitution · Criminal Law & Procedure · Due Process · Litigation · The Practice Groups

Sponsors: Criminal Law & Procedure Practice Group · Litigation Practice Group

Sep 15 2022

Thursday 12:00 p.m. EDT

Revealing Documents from the Watergate Prosecutions

A Practice Groups Virtual Symposium

Speakers:

Paul S. Diamond • Theodore B. Olson • Stephen A. Saltzburg • Geoff Shepard • Laurence H. Silberman

Topics:

Constitution • Criminal Law & Procedure • Due Process • Litigation • The Practice Groups

Sponsors:

Criminal Law & Procedure Practice Group • Litigation Practice Group

Sep 14 2022

Wednesday 12:00 p.m. EDT

An Introduction to The Federalist Society

Pennsylvania Student Chapter

Philadelphia, PA

Speakers:

Louis J. Capozzi

Topics:

Federalist Society • Supreme Court

Sponsors:

Pennsylvania Student Chapter

In-Person Event

Sep 13 2022

Tuesday 5:30 p.m. EDT

2022 Supreme Court Review

Tampa Bay Lawyers Chapter

Tampa, FL

Speakers:

Henry Charles Whitaker

Sponsors:

Tampa Bay Lawyer Chapter

In-Person Event

Sep 9 2022

Friday 12:00 p.m. EDT

Inaugural North Carolina Chapters Conference

North Carolina Lawyers Chapters

Raleigh, NC

Sponsors:

Triangle Lawyer Chapter • Charlotte Lawyer Chapter • Cape Fear Lawyer Chapter • Triad Lawyer Chapter

In-Person Event

Sep 9 2022

Topics

Administrative Law & Regulation •
Civil Rights •
Education Policy

Blog Post

Title IX NPRM: Due Process and Potential Challenges

Paul F. Zimmerman,
Paul R. Moore

The U.S. Department of Education’s (ED) proposed rulemaking (NPRM) pursuant to Title IX’s anti-sex discrimination...

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Speaker Information

Philip A. Hamburger

Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance

Biography

Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.

He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.

His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).

He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.

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Speaker Information

Victoria Nourse

Ralph V. Whitworth Professor in Law, Georgetown University Law Center

Biography

Professor Nourse is one of the nation’s leading scholars of Congress, the separation of powers, and statutory interpretation. In addition to her scholarship, she has practiced as an attorney in the White House, the Department of Justice, the Senate, and in private practice. The story of her pioneering work on gender equality is told in Equal: Women Reshape American Law.

Her most recent book is “The Impeachments of Donald Trump: An Introduction to Constitutional Argument” (West 2021). In 2016, Harvard Press published her Misreading Law, Misreading Democracy, on the limits of textualism. She is one of the most-cited scholars on interpretation in the country and has recently co-authored Yale’s revised leading casebook, Statutes, Regulation & Interpretation (West 2024).

Professor Nourse has published widely on the power of the President and the separation of powers, Reclaiming the Constitutional Text from Originalism: The Case of Executive Power, 106 Calif. L. Rev. 1 (2018), and constitutional rights, In Reckless Hands (Norton 2008), the story of Skinner v. Oklahoma and American eugenics.

President Biden appointed Professor Nourse to serve as Vice-Chair of the United States Commission on Civil Rights in 2023, with her term expiring in 2029.

Professor Nourse previously served as Chief Counsel to then Vice President Biden under the Obama Administration. Prior to that role, she practiced as an appellate litigator in the Department of Justice and as Special Counsel to the Senate Judiciary Committee.

Professor Nourse has held chairs at Emory University and the University of Wisconsin. She has been a visiting professor at Yale, NYU, University of Maryland, and Northwestern.

She began her legal career in New York, clerking for legendary trial judge of the Southern District of New York, Edward Weinfeld, and practicing at Paul, Weiss, Rifkind Wharton & Garrison. She left private practice to serve as junior counsel to the Senate-Iran Contra Committee. After serving on the appellate staff of the Civil Division, she was hired as a legal expert for then Senator Joseph Biden.

Professor Nourse is the co-Founder of the Supreme Court Interpretation Lab, which uses big data to analyze trends in Supreme Court analyses. She formerly served as Executive Director of the Georgetown Law Center on Congressional Studies.

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Speaker Information

Neomi Rao

Judge, United States Court of Appeals, District of Columbia Circuit

Biography

Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.

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Speaker Information

Yaakov M. Roth

Jones Day, Partner

Biography

Yaakov Roth's goal is to strategically develop and effectively present the key legal arguments that will secure victory for clients through appellate advocacy and dispositive motions. He has represented clients in high-profile Supreme Court cases, argued appeals in the federal Courts of Appeals, and prepared motions to dismiss and for summary judgment across a range of substantive areas.

Yaakov's most recent Supreme Court experience includes vindicating former Virginia Gov. Bob McDonnell from political corruption charges, narrowing the geographic scope of private civil RICO lawsuits, and pursuing a major challenge to the Affordable Care Act from inception through high court review. At the appellate level, Yaakov's oral advocacy has included pressing a First Amendment challenge to an Ohio law prohibiting "false" campaign statements, seeking disclosure of a Justice Department policy manual concerning criminal discovery, and protecting the religious freedom rights of Death Row inmates. He has successfully defended his clients against defamation, antitrust, Title VII, and ERISA claims — including nationwide class actions — and pursued a host of challenges to federal, state, and local regulations. His ERISA experience also includes a series of withdrawal liability arbitrations and related litigation.

Yaakov speaks and writes about the Supreme Court and First Amendment issues and maintains an active pro bono practice centered around religious freedom and criminal justice.

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Speaker Information

Jonathan D. Urick

Senior Associate Chief Counsel, U.S. Chamber of Commerce Litigation Center

Biography

Jonathan Urick is senior associate chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. Urick handles a variety of litigation matters for the Chamber.

Urick rejoined the Chamber after helping launch the national litigation boutique Lehotsky Keller LLP, where he represented large corporations and trade associations as one of the firm’s early partners. He previously served as senior counsel for the Chamber Litigation Center, primarily covering arbitration and class-action issues.

Before his first stint at the Chamber, Urick practiced law at McGuireWoods LLP on the firm’s appeals and issues team. With a diverse commercial-litigation practice focused on appeals and dispositive motions, Urick represented a variety of businesses across federal and state courts.

Urick served as a law clerk at all three levels of the federal judiciary: For Justices Antonin Scalia and Clarence Thomas of the U.S. Supreme Court, Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Circuit, and Judge Amul Thapar, then a judge on the U.S. District Court for the Eastern District of Kentucky.

Urick graduated Order of the Coif from the University of Virginia School of Law, where he served as Articles Development Editor of the Virginia Law Review. He received his undergraduate degree in economics from the University of Delaware.

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Speaker Information

Paul S. Diamond

United States District Judge, Eastern District of Pennsylvania

Biography

Paul S. Diamond is a District Judge for the Eastern District of Pennsylvania, where he has served since 2004. He was nominated by President Bush to serve on the Third Circuit Court of Appeals in 2008, but no hearings were held in that election year. He graduated from the University of Pennsylvania Law School in 1977 and served as a state prosecutor in Philadelphia from 1977-1979 and then again from 1981 to 1983. From 1993 until 1995, he worked as treasurer and as counsel for the 1996 presidential campaign of United States Senator Arlen Specter. Paul is the author of Federal Grand Jury Practice and Procedure, Fifth Edition (2012).

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Speaker Information

Theodore B. Olson

Partner, Gibson Dunn & Crutcher LLP

Biography

Theodore B. Olson is a Partner in Gibson, Dunn & Crutcher’s Washington, D.C. office; a founder of the Firm’s Crisis Management, Sports Law, and Appellate and Constitutional Law Practice Groups.

Mr. Olson was Solicitor General of the United States during the period 2001-2004. From 1981-1984, he was Assistant Attorney General in charge of the Office of Legal Counsel in the U.S. Department of Justice. Except for those two intervals, he has been a lawyer with Gibson, Dunn & Crutcher in Los Angeles and Washington, D.C. since 1965.

Selected by Time magazine in 2010 as one of the 100 most influential people in the world, Mr. Olson is one of the nation’s premier appellate and United States Supreme Court advocates. He has argued 65 cases in the Supreme Court and has prevailed in over 75% of those cases. These include the two Bush v Gore cases arising out of the 2000 presidential election; Citizens United v Federal Election Commission; Hollingsworth v Perry, the case affirming the overturning of California’s Proposition 8, banning same-sex marriages; Murphy v NCAA, overturning a federal law prohibiting states from authorizing sports betting; and U.S. Dept. of Homeland Security v Regents of the Univ. of Calif., challenging the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (“DACA”). Mr. Olson’s practice is concentrated on appellate and constitutional law, federal legislation, media and commercial disputes, and assisting clients with strategies for the containment, management and resolution of major legal crises. He has handled cases at all levels of state and federal court systems throughout the United States. Mr. Olson co-authored “Redeeming the Dream, the Case for Marriage Equality” with David Boies. Both were featured in HBO’s award-winning documentary, “The Case Against 8.”

Mr. Olson's Supreme Court arguments have included cases involving separation of powers; federalism; voting rights; the Tenth Amendment; the First Amendment; the Equal Protection and Due Process Clauses; jury trial rights; punitive damages; takings of property; the Commerce Clause; administrative law; taxation; criminal law; sports wagering; copyright, patent and antitrust; securities; campaign finance; foreign sovereign immunities; telecommunications; the environment; the internet; the Supremacy Clause; and other federal constitutional and statutory questions. As Solicitor General, during the presidency of George W. Bush, Mr. Olson was the Government's principal advocate in the United States Supreme Court, responsible for supervising and coordinating all appellate litigation of the United States, and a legal adviser to the President and the Attorney General. As Assistant Attorney General for the Office of Legal Counsel during the Reagan Administration, Mr. Olson was the Executive Branch's principal legal adviser, rendering legal guidance to the President and to the heads of the Executive Branch departments on a wide range of constitutional and federal statutory questions, and assisting in formulating and articulating the Executive Branch's position on constitutional issues.

Mr. Olson has served as private counsel to two Presidents, Ronald W. Reagan and George W. Bush, in addition to serving those two Presidents in high-level positions in the Department of Justice. He has twice been awarded the United States Department of Justice's Edmund J. Randolph Award, its highest award for public service and leadership, and also received the Department of Defense's Distinguished Public Service Award, its highest civilian award, for his advocacy in the courts of the United States, including the Supreme Court. He also received the American Bar Association Medal, its highest award for “exceptionally distinguished service by a lawyer or lawyers to the cause of American jurisprudence.” Mr. Olson is to receive the 2021 Jack Valenti Friend of the White House Fellows Award in the Fall of 2021 to be presented by the White House Fellows Foundation and Association.

Solicitor General of Florida

Biography

Henry Whitaker became Florida’s Solicitor General in July 2021. He came to the position after four years of serving in the Office of Legal Counsel of the U.S. Department of Justice, including as Principal Deputy Assistant Attorney General, where he advised the White House Counsel’s Office, the Attorney General, and cabinet secretaries on a range of important and complex legal issues. Before that, Solicitor General Whitaker worked on the Appellate Staff of the Civil Division of the U.S. Department of Justice for almost nine years, arguing more than 40 appeals in the federal appellate courts. He clerked for Justice Clarence Thomas of the U.S. Supreme Court and for Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit after graduating magna cum laude from both Harvard Law School and Yale College.

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Contributor Information

Paul S. Diamond

United States District Judge, Eastern District of Pennsylvania

Biography

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Contributor Information

Theodore B. Olson

Partner, Gibson Dunn & Crutcher LLP

Biography

Biography

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