2015 Separation of Powers CLE Course Federalism & Separation of Powers Practice Group August 20, 12:00 AMThe Ritz-Carlton, Bachelor Gulch
0130 Daybreak Ridge
Avon, CO 81620
U.S. Supreme Court Associate Justice Antonin Scalia and Professor John Baker of Georgetown Law will teach a ten-hour CLE course on the courts, standing, the non-delegation doctrine, and appointments and removal, as they relate to the separation of powers. This course is offered exclusively to Federalist Society members. [Register now!] SCOTUScast 3-4-15 featuring Thomas Plank
Thomas Plank March 04, 2015
On January 14, 2015, the Supreme Court heard oral argument in Wellness Int’l Network, Limited v. Sharif, which presents two questions. The first is whether a bankruptcy court has power under Article I of the Constitution to determine, where an issue of state property law is involved, that property in the debtor’s possession belongs to the bankruptcy estate. The second question is whether, notwithstanding the limits of Article I authority, the consent of litigants can permit a bankruptcy court to exercise Article III judicial power--and if so, whether a litigant's continued participation in litigation can constitute implied consent.
To discuss the case, we have Thomas Plank, who is the Joel A. Katz Distinguished Professor of Law at the University of Tennessee College of Law. 2014 National Lawyers Convention
For a federal court to consider an issue, there must be a case or controversy, and the parties before the court must have standing, i.e., a stake in the outcome of the decision. While standing is important in our system of justice, the courts are not the only avenue for relief (the ballot box, theoretically, being another). This panel will explore the history, development and current status of standing doctrine in regulatory litigation, with particular focus on the extent to which standing and related justiciability requirements have come to serve as a shield against meaningful judicial review of agency actions.
The Federalist Society's Administrative Law & Regulation Practice Group presented this panel on "Without Standing, Are We All Sitting Ducks?" on Saturday, November 15, during the 2014 National Lawyers Convention.
- Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
- Prof. Amanda Cohen Leiter, Associate Professor of Law, American University Washington College of Law
- Mr. Robert N. Weiner, Partner, Arnold & Porter LLP
- Mr. Patrick Wyrick, Solicitor General, State of Oklahoma
- Moderator: Hon. A Raymond Randolph, U.S. Court of Appeals for the D.C. Circuit
- Introduction: Hon. Eileen O'Connor, Partner, Pillsbury Winthrop Shaw Pittman LLP; and Chairman, Administrative Law & Regulation Practice Group