17th Annual Faculty Conference
This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.
Young Legal Scholars Paper Presentations
In Memory of Prof. Dan Markel, Florida State University School of Law, Prawfsblawg Founder, and former Searle fellow
- Prof. William Baude, University of Chicago Law School, "Is Originalism the Law?"
- Prof. Charles Korsmo, Case Western University School of Law, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
- Prof. Minor Myers, Brooklyn Law School, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
- Prof. Christopher Newman, George Mason University School of Law, "Bailment and the Property/Contract Interface"
- Prof. Christopher Walker, Ohio State University Moritz College of Law, "Inside Agency Interpretation"
- Prof. Kevin Walsh, University of Richmond School of Law, "In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions"
- Commentor: Prof. James Lindgren, Northwestern University School of Law
- Commentor: Prof. Keith Hylton, Boston University School of Law
- Moderator: Prof. Richard Garnett, University of Notre Dame Law School
Washington, DC SCOTUScast 4-28-14 featuring Lee Strang
January 3, 2015
Lee Strang April 28, 2014
On April 2, 2014, the Supreme Court issued its decision in Northwest, Inc. v. Ginsberg. The question here is whether the Airline Deregulation Act of 1978 (the “ADA”) preempts Ginsburg’s claim that Northwest Air Lines breached an implied covenant of good faith and fair dealing when it unilaterally terminated his membership in Northwest’s frequent-flier program.
In an opinion delivered by Justice Alito, the Court unanimously held that the Airline Deregulation Act preempts a state-law claim for breach of the implied covenant of good faith and fair dealing if it seeks to enlarge the contractual obligation that the parties voluntarily adopt. The opinion of the Ninth Circuit was reversed and remanded for further proceedings. International & National Security Law Practice Group Podcast
To discuss the case, we have Lee Strang, who is a Professor of Law at the University of Toledo College of Law.
In 2001, Argentina defaulted on $80 billion of government bonds. When issuing the bonds in the early 1990s, Argentina expressly waived sovereign immunity, in order to get higher value for the bonds it issued. Now, Argentina is asking the U.S. Supreme Court to throw out a ruling by the Second Circuit Court of Appeals requiring disclosure of information about the country’s assets. What are the extent of the plaintiff’s rights to discovery of Argentina’s assets? Does the answer depend on the location, use, or character of the assets? The Supreme Court heard oral arguments in Republic of Argentina v. NML Capital on Monday, April 21, 2014. Our expert offered his impression of the arguments and answered questions from a call-in audience.
- Prof. Michael D. Ramsey, Hugh and Hazel Darling Foundation Professor of Law, Director, International & Comparative Law Programs, University of San Diego School of Law
[Listen now!]?? Labor & Employment Law Practice Group Podcast
On January 27, 2014, in Sandifer v. United States Steel, the U.S. Supreme Court unanimously held that time employee time spent donning and doffing their protective gear is not compensable by application of the Fair Labor Standards Act. The impact of the Court’s decision may have a substantial impact on employers, especially manufacturers. Our experts discussed the breadth and impact of the decision.
- Lawrence C. DiNardo, Partner, Jones Day
- Hon. Tammy D. McCutchen, former Administrator, Wage and Hour Division, United States Department of Labor, Shareholder, Littler Mendelson, P.C., and Chairman, Labor & Employment Law Practice Group