Criminal Law & Procedure Practice Group
In the last year, the Department of Justice lost three major cases against Fed Ex, Vascular Solutions and Warner Chilcott. Critics argue that each case was an example of over-enforcement by DOJ and overcriminalization by Congress. Proponents assert that it is a critical role of government to police and dissuade bad acts by private citizens and corporations. Are there too many federal agencies, giving prosecutors too much power over individuals and corporations? Is it good policy to prosecute individual employees of a corporation, as suggested in the Yates memorandum? Panelists, including lawyers in each of these three cases, will discuss the limits of federal criminal law and prosecutions.
This panel was held on December 8, 2016, at the National Press Club in Washington, DC.
- Cristina C. Arguedas, Partner, Arguedas, Cassman & Headley LLP
- Leslie R. Caldwell, Assistant Attorney General for the Criminal Division, The United States Department of Justice
- Ben Hatch, Partner, McGuireWoods
- John Richter, Partner, King & Spalding
- Joseph Savage, Partner, Goodwin Proctor
- Moderator: Stuart S. Taylor, Contributing Editor, National Journal
National Press Club 2016 National Lawyers Convention
The final Showcase panel examines Justice Scalia's transformation of five very important areas of Supreme Court doctrine. First, Justice Scalia transformed freedom of expression doctrine by entrenching a rule of viewpoint neutrality in place of different tests for different kinds of speech. In the five to four flag burning cases, Justice Scalia teamed up with Justices Brennan and Marshall to protect political speech. In the five to four decision in Citizens United he did the same thing with a different block of Justices. In another five to four opinion, Justice Scalia recognized constitutional protection for hate speech in RAV v. City of St. Paul. He joined a summary affirmance of a Seventh Circuit opinion by Judge Frank Easterbrook banning Catherine MacKinnon's anti-pornography laws. Second, Justice Scalia revolutionized the law of the religion clauses by largely burying the Lemon test and leading the Supreme Court in affirming the constitutionality of education vouchers for religious schools. Third, Justice Scalia revolutionized the Second Amendment by finding that it protected an individual's right to bear arms to defend himself, and he was very libertarian and protective of criminal defendants' rights in his criminal procedure jurisprudence. Fourth, Justice Scalia surprised some observers with his criminal law and procedure opinions on searches, the Confrontation Clause, and more. Finally, Justice Scalia played what some describe as a unique role in standing, including in his opinion in Lexmark International, Inc. v. Static Control Components, Inc.
This panel was held on November 19, 2016, during the 2016 National Lawyers Convention in Washington, DC.
Showcase Panel IV: ROUNDTABLE: Areas of Constitutional Doctrine Transformed
2:45 p.m. – 4:45 p.m.
- Mr. Floyd Abrams, Partner, Cahill Gordon & Reindel LLP
- Hon. Michael W. McConnell, Richard and Frances Mallery Professor of Law, Director of the Constitutional Law Center, Stanford Law School; Senior Fellow, Hoover Institute
- Hon. David R. Stras, Minnesota Supreme Court
- Prof. Nadine Strossen, John Marshall Harlan II Professor of Law, New York Law School; former President, American Civil Liberties Union
- Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
- Mr. Edward Whelan, President, Ethics & Public Policy Center
- Moderator: Hon. Diarmuid F. O’Scannlain, U.S. Court of Appeals, Ninth Circuit
- Introduction: Hon. Lee Liberman Otis, Senior Vice President, The Federalist Society
The Mayflower Hotel 2016 National Lawyers Convention
Justice Scalia's originalism had an important impact on our nation's criminal law. While sometimes overlooked, his commitment to the rights of criminal defendants, as rooted in the Constitution, is indisputable. He forthrightly addressed new Fourth Amendment issues including technological advances in surveillance, revived the Sixth Amendment's jury and confrontation clauses, remained mindful of both common law and substantive criminal law concerns, and in many instances swayed his fellow justices. This panel will delve into these areas and discuss if and how Justice Scalia's work will continue to affect future Court decisions.
This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.
Criminal Law: Justice Scalia and the Criminal Law
3:30 p.m. – 5:00 p.m.
- Prof. Rachel E. Barkow, Segal Family Professor of Regulatory Law and Policy and Faculty Director, Center on the Administration of Criminal Law, New York University School of Law
- Prof. Stephanos Bibas, Professor of Law and Criminology and Director, Supreme Court Clinic, University of Pennsylvania Law School
- Prof. Orin S. Kerr, Fred C. Stevenson Research Professor of Law, The George Washington University Law School
- Mr. Paul J. Larkin, Jr., Senior Legal Research Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation
- Hon. Stephen J. Markman, Michigan Supreme Court
- Moderator: Hon. David R. Stras, Minnesota Supreme Court
- Introduction: Mr. John G. Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies, and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, The Heritage Foundation
The Mayflower Hotel Civil Rights Practice Group Podcast
Michael Kirk November 03, 2016
Mr. Kirk discussed the successful challenge brought by the leaders of the Virginia General Assembly to Governor Terry McAuliffe’s attempt to repeal Virginia’s constitutional prohibition against felon voting by Executive Order. The Executive Order purported to exercise the Governor's clemency power to restore political rights (including the rights to vote and to sit on juries) to over 200,000 convicted felons. Mr. Kirk focused on issues that could arise in connection with other states’ prohibitions against felon voting, including the argument that such provisions discriminate on the basis of race.
Criminal Law & Procedure Practice Group Podcast
- Michael Kirk, Partner, Cooper & Kirk PLLC
John C. Richter October 11, 2016
On Tuesday, October 11, the Supreme Court will hear oral arguments in Pena-Rodriguez v. Colorado. This case involves the constitutionality of a Colorado rule that bars a defendant from introducing evidence that a juror was racially biased. The justices will consider whether applying a no-impeachment rule to block evidence in this context violates the Sixth Amendment right to an impartial jury.
- John C. Richter, Partner, King & Spalding