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Presidential Power

Shakespeare & the Law: Julius Caesar - Event Audio/Video

Boston Lawyers Chapter
David Barron, Jennifer C. Braceras, Martha Coakley, Nancy Gertner, Michael Greco, Nathaniel M. Gorton, Jeff Jacoby, Daniel J. Kelly, George A. O'Toole Jr., Dean A. Reuter, Carol Rose, F. Dennis Saylor IV, Douglas P. Woodlock, Rya W. Zobel October 21, 2016

Julius Caesar is Shakespeare’s classic depiction of the abuse of power, political assassination and intrigue – a plot that would rival any episode of House of Cards or Scandal. The play offers a valuable and timeless springboard for a discussion of the use of executive power in 21st century America – and its future under a Clinton or Trump presidency.

The Shakespeare & the Law series features a staged reading of the abridged play performed by prominent judges, attorneys, journalists, political strategists and scholars, followed by a panel discussion that explores the implications of the work in the era of Obama, Clinton and Trump. Presented in partnership with the Federalist Society, McCarter & English LLP, and Foley Hoag LLP. 

This event took place at the Wimberly Theatre at the Boston Center of the Arts in Boston, MA on September 28, 2016.

Participants include:

  • David J. Barron, United States Circuit Judge for the U.S. First Circuit Court of Appeals
  • Jennifer C. Braceras, Attorney and Editor of NewBostonPost
  • Martha Coakley, Former Attorney General of Massachusetts
  • Nancy Gertner, Retired Judge, United States District Court for the District of Massachusetts
  • Michael S. Greco, Partner at K&L Gates and past present of the American Bar Association
  • Nathaniel  M. Gorton, United States District Judge for the District of Massachusetts
  • Jeff Jacoby, Op-Ed Columnist for The Boston Globe
  • Daniel J. Kelly, Chairman of the Boston Lawyers Division of the Federalist Society and a partner at McCarter & English
  • George A. O’Toole, Jr., United States District Judge for the District of Massachusetts
  • Dean Reuter, Vice President & Director of the Practice Groups of the Federalist Society 
  • Carol Rose, Executive Director of the ACLU of Massachusetts
  • F. Dennis Saylor IV, United States District Judge for the District of Massachusetts 
  • Douglas P. Woodlock, United States District Judge for the District of Massachusetts
  • Rya W. Zobel, United States District Judge for the District of Massachusetts

Wimberly Theatre at the Boston Center for the Arts
Boston, MA

U.S. v. Texas - Podcast

Federalism & Separation of Powers Practice Group Podcast
John C. Eastman, Kevin R. Johnson February 12, 2016

All eyes are on the United States Supreme Court as it prepares to hear oral argument in U.S. v. Texas, which will examine the President's executive actions on immigration. In addition to complex questions about standing and administrative law, the Court has, on its own initiative, added a Take Care Clause question to the argument. Our experts previewed the oral arguments, the major points to be made by both sides, and the stakes.

Featuring:

  • Dr. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law
  • Prof. Kevin R. Johnson, Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies, University of California, Davis, School of Law

Congressional Oversight - Audio/Video

Third Annual Executive Branch Review Conference
Jonathan H. Adler, Michael D. Bopp, Sally Katzen, Adam J. White, Todd F. Gaziano June 24, 2015

After delegating significant power to the administrative state, is Congress properly discharging its oversight role? Are there tools available to Congress that are underutilized? Would a proper annual budget process help? Are Congress’ oversight hearings meaningful, well-run, and properly focused? Should Congress be requesting more information from agencies through other avenues?

This panel was presented on June 18, 2015, at the Mayflower Hotel in Washington, DC during the Third Annual Executive Branch Review Conference.

Plenary Panel: Congressional Oversight
2:00 p.m. – 3:30 p.m.
Promenade Room

  • Prof. Jonathan H. Adler, Case Western Reserve University School of Law
  • Mr. Michael D. Bopp, Gibson Dunn and Crutcher
  • Prof. Sally Katzen, New York University School of Law
  • Mr. Adam J. White, Boyden Gray & Associates
  • Moderator: Hon. Todd F. Gaziano, Pacific Legal Foundation

June 18, 2015
Washington, DC

The Incentives Behind Congressional Delegation - Audio/Video

Third Annual Executive Branch Review Conference
Jack Beermann, Gillian E. Metzger, Neomi Rao, Dean A. Reuter June 24, 2015

In administrative law the focus has primarily been on how to constrain executive discretion. It may, however, be equally important to consider how to constrain the delegations that create that discretion—not just by telling Congress to “do its job,” but by thinking about how to shift the incentives that members have for delegation. This panel will consider what Congress gains by delegating policymaking authority to the executive. The conventional view holds that delegations only expand the power of the executive, ignoring the myriad reasons that Congress chooses to delegate its power. Members of Congress may realize a variety of benefits from delegation, including control over how agencies exercise their discretion. Panelists will discuss the reasons why Congress delegates so broadly and consider what legal and political solutions might curb such delegations.

Luncheon Panel: The Incentives behind Congressional Delegation
12:30 p.m. – 2:00 p.m.
State Room

  • Prof. Jack M. Beermann, Boston University School of Law
  • Prof. Gillian E. Metzger, Columbia Law School
  • Prof. Neomi J. Rao, George Mason University School of Law
  • Moderator: Mr. Dean A. Reuter, The Federalist Society

June 18, 2015
Washington, DC