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Judiciary

The Least Dangerous Branch? Reflections on Bickel’s Classic

Professional Responsibilities & Legal Education Practice Group Teleforum Monday, July 11, 03:00 PMFederalist Society Teleforum Conference Call

The Federalist Society's Teleforum series, Legal Classics Revisited, will consider Professor Alexander Bickel's 1962 book, The Least Dangerous Branch. In a life cut short just before his 50th birthday, Professor Bickel contributed to our understanding of American constitutional law. Among his more provocative concepts was the "counter-majoritarian difficulty." It is not unique to observe that in a nation governed by elected representatives, an unelected Federal judiciary with lifetime tenure represents an anomaly. Alexander Hamilton penned Federalist No. 78 to explain and defend the idea. Professor Bickel takes Hamilton's idea and his title and spends his book exploring the questions: How can an unelected branch of government be a co-equal branch of government? How can society enjoy the benefits of an impartial judiciary without seismic jolting along the fault line between majoritarian and counter-majoritarian institutions? Professor Bickel's questions are still extremely relevant today.

Featuring:

  • Dean Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine
  • James A. Haynes, Attorney and Alternate Judge, U.S. Dept of Labor, Employees Compensation Appeals Board
  • Prof. Ronald Rotunda, Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University Dale E. Fowler School of Law

Is having only 8 Supreme Court Justices a problem?

Short video featuring Steven Calabresi
Steven G. Calabresi June 10, 2016

Steven G. Calabresi, Professor of Law at Northwestern University, discusses the number of Justices who sit on the Supreme Court. He contrasts our current Court of nine Justices with earlier periods in US history, international Courts, and state Supreme Courts. He also explains what happens when a case gets a 4-4 vote.

The President's Judicial Legacy - Podcast

Litigation Practice Group Podcast
Damien Schiff, Brett A. Shumate May 03, 2016

After almost eight years in office, President Obama’s 322 appointments to the federal courts have already begun to make a substantial impact on the law. In this Teleforum, two litigators talked about whether and how these new judges are shaping the law and the judiciary. They focused in particular on the U.S. Courts of Appeals for the D.C. and Ninth Circuits.

Featuring:

  • Damien Schiff, Principal Attorney, Pacific Legal Foundation
  • Brett Shumate, Partner, Wiley Rein LLP

Judicial Activism and the Nevada Judiciary: A National Perspective - Event Audio/Video

Las Vegas Lawyers Chapter
Mark A. Behrens, Erven T. Nelson, Matthew Saltzman February 05, 2016

Mark Behrens, co-chair of the Washington, DC-based Public Policy Group of Shook, Hardy & Bacon L.L.P., will discuss Nevada’s poor ranking in a recent U.S. Chamber Institute for Legal Reform survey of the fairness of state legal climates. He will also discuss the comments on Nevada courts included in the American Tort Reform Foundation’s annual Judicial Hellholes report, along with a recent point of light from the Nevada Supreme Court. Mr. Behrens will discuss Nevada’s efforts for judicial reform together with strategies Nevada lawyers may use to promote a fair and restrained judiciary.

Assemblyman Erv Nelson is a partner at the Las Vegas firm of Cram Valdez Brigman & Nelson and Vice-Chairman of the Judiciary Committee of the Nevada State Assembly. In his role as a legislator, he was deeply involved in efforts to enact Judicial Reform legislation in Nevada. Mr. Nelson will discuss Nevada’s efforts to affect Judicial Reform, including legislation that may be proposed in the future.

The Las Vegas Lawyers Chapter hosted this event on January 28, 2016.

Speakers:

  • Mr. Mark Behrens, Co-chair, Shook, Hardy & Bacon L.L.P.
  • Hon. Erven T. Nelson, Nevada Assemblyman
  • Introduction: Mr. Matthew Saltzman, Shareholder, Kolesar & Leatham

Fogo de Chao Churrascaria Restaurant
Las Vegas, NV

Address by Tim Cerio - Event Audio/Video

2016 Annual Florida Chapters Conference
Tim Cerio, Edwin A. Scales February 03, 2016

Tim Cerio, General Counsel to Governor Rick Scott of Florida, delivered this address at the 2016 Annual Florida Chapters Conference on Saturday, January 23, 2016, at Disney's Boardwalk Inn in Lake Buena Vista, FL. He was introduced by Judge Ed Scales of the Florida Third District Court of Appeal.

Address by Tim Cerio

  • Mr. Tim Cerio, General Counsel to Governor Rick Scott
  • Introduction: Hon. Edwin A. Scales III, Florida Third District Court of Appeal

Disney's Boardwalk Inn
Lake Buena Vista, FL