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Government Law (State/Federal)

Interpreting State Constitutions - Event Audio/Video

Inaugural Ohio Chapters Conference
Judith L. French, Jeffrey S. Sutton, Steve Yarbrough, Matthew T. Kemp April 25, 2017

State courts are often faced with cases raising arguments under state and federal law. If there are similar provisions in both the United States Constitution and the Ohio Constitution, how should judges interpret these provisions? Must they be interpreted in the same way? If not, then what is needed to justify a court's decision to interpret text in the Ohio Constitution differently than similar (or even identical) text in the United States Constitution?

This panel was held during the Inaugural Ohio Chapters Conference at the Athletic Club of Columbus on Friday, March 31, 2017.

Featuring:

  • Hon. Judith French, Ohio Supreme Court 
  • Hon. Jeffrey S. Sutton, U.S. Court of Appeals, 6th Circuit
  • Moderator: Hon. Steve Yarbrough, Ohio Sixth District Court of Appeals
  • Introduction: Matt Kemp, President, Toledo Lawyers Chapter

Athletic Club of Columbus
Columbus, OH

Combating Federal Overreach - Event Audio/Video

2017 Annual Florida Chapters Conference
Amit Agarwal, Andrew Brasher, Scott Keller, Elbert Lin, Allen Winsor, Rachel Nordby February 10, 2017

This panel, Combating Federal Overreach, was held on February 4, 2017, at the 2017 Florida Chapters Conference at Disney's BoardWalk Inn at the Walt Disney World® Resort in Lake Buena Vista, Florida.

Combating Federal Overreach
2:15 p.m. – 3:45 p.m.

  • Amit Agarwal, Solicitor General, Florida
  • Andrew Brasher, Solicitor General, Alabama
  • Scott Keller, Solicitor General, Texas
  • Elbert Lin, Solicitor General, West Virginia
  • Moderator: Hon. Allen Winsor, Florida 1st District Court of Appeals and Former Solicitor General, Florida
  • Introduction: Rachel Nordby, Deputy Solicitor General, Florida Office of the Attorney General

Disney's Boardwalk Inn
Lake Buena Vista, FL

Debate—State Blaine Amendments - Event Audio/Video

2017 Annual Western Chapters Conference
David Cortman, Steven Green, Carlos T. Bea, Lisa Ezell February 06, 2017

The Supreme Court has agreed to hear oral arguments in Trinity Lutheran Church of Columbia, Inc. v. Pauley. The case questions whether the exclusion of churches from an otherwise neutral and secular aid program violates the First Amendment’s guarantee of Free Exercise of Religion and the Fourteenth Amendment’s Equal Protection Clause. Debaters will address this case along with the Blaine Amendment implications.

This panel was part of the 2017 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 28, 2017.

Debate—State Blaine Amendments
2:00 pm - 3:00 pm

  • David A. Cortman, Senior Counsel and Vice President of U.S. Litigation, Alliance Defending Freedom
  • Prof. Steven Green, Fred H. Paulus Professor of Law and Director of the Center for Religion, Law & Democracy, Willamette University College of Law
  • Moderator: Hon. Carlos Bea, U.S. Court of Appeals, 9th Circuit
  • Introduction: Lisa Ezell, Vice President & Director of Lawyers Chapters, The Federalist Society

The Ronald Reagan Presidential Library
Simi Valley, CA

Views and opinions expressed by the Federalist Society are not necessarily shared by the Ronald Reagan Presidential Library.

Conversation with State Supreme Court Justices - Event Audio/Video

2017 Annual Western Chapters Conference
Clint Bolick, Stephen J. Markman, Diane S. Sykes, Jennifer Perkins February 06, 2017

What is the proper role of the State judiciary when considering questions of federal law?  If there are independent and adequate federal and State grounds, on which basis should a state supreme court decide a case?

This panel was part of the 2017 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 28, 2017.

Luncheon: Conversation with State Supreme Court Justices
12:00 Noon – 1:45 pm

  • Hon. Clint Bolick, Arizona Supreme Court
  • Hon. Stephen Markman, Michigan Supreme Court
  • Moderator: Hon. Diane Sykes, U.S. Court of Appeals, 7th Circuit
  • Introduction: Jennifer Perkins, Assistant Solicitor General, AG Opinions and Ethics at Arizona Attorney General's Office

The Ronald Reagan Presidential Library
Simi Valley, CA

Views and opinions expressed by the Federalist Society are not necessarily shared by the Ronald Reagan Presidential Library.

Litigating State Constitutional Issues - Event Audio/Video

2017 Annual Western Chapters Conference
Thomas Ahearne, Paul Avelar, Jeremy B. Rosen, Carolyn B. Kuhl, Joel Ard, Carrie Ann Donnell February 06, 2017

The past forty years have seen a surge in efforts to litigate under state constitutional provisions furthering individual liberties. Panelists could look to numerous examples of differences between the state and federal constitutions (examples include criminal justice, property rights, same-sex marriage, education/school choice, labor, speech, and economic liberty) and explore how such differences have affected litigation strategy and forum shopping. Which emerging controversies are ripe to be litigated in state courts as opposed to the federal courts? What about business and arbitration cases? In the light of the results of the 2016 election, might some litigators further turn to the state courts to best protect liberty in light of changes to the federal bench?

This panel was part of the 2017 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 28, 2017.

Litigating State Constitutional Issues
10:30 a.m. – 12:00 Noon

  • Thomas F. Ahearne, Foster Pepper and Counsel to Plaintiffs, McCleary v. State 
  • Paul Avelar, Senior Attorney, Institute for Justice
  • Jeremy Rosen, Partner, Horvitz & Levy LLP and Director, 9th Circuit Appellate Clinic, Pepperdine University School of Law
  • Moderator: Hon. Carolyn Kuhl, Superior Court of California, County of Los Angeles
  • Introduction: Joel Ard, Member, Foster Pepper PLLC
  • Introduction: Carrie Ann Donnell, Legal Programs Director, Goldwater Institute

The Ronald Reagan Presidential Library
Simi Valley, CA

Views and opinions expressed by the Federalist Society are not necessarily shared by the Ronald Reagan Presidential Library.