Separation of Powers

The New Chevron Skeptics - Event Audio/Video

18th Annual Faculty Conference
Blake D. Morant, Kellye Y. Testy, Lee Liberman Otis, Michael E. Herz, Jeffrey Pojanowski, Peter L. Strauss, Christopher J. Walker, John O. McGinnis January 15, 2016

When Chevron was first decided it was generally welcomed on the right side of the political spectrum as a principled method constraining judicial discretion and permitting the executive to exert policy control over the administrative state. But as the administrative state continues to grow, some now see Chevron as removing an important check on government power and an abdication of the judiciary’s authority to say what the law is. Some members of the Supreme Court are now open to reconsidering judicial deference to agency action, at least in certain areas, such as determining their own jurisdictions and interpreting their own regulations. The panel will consider the extent to which the new skepticism toward Chevron in particular and judicial deference to agencies in general is justified.

This panel took place during the 18th Annual Faculty Conference at the Sheraton New York Times Square Hotel in New York, NY on January 8, 2016.

8:45 am

  • Dean Blake D. Morant, President, Association of American Law Schools & Dean and Robert Kramer Research Professor of Law, George Washington University Law School and 
  • Dean Kellye Y. Testy, President Elect, Association of American Law Schools & Toni Rembe Dean & Professor of Law, University of Washington School of Law
  • Introduction: Hon. Lee Liberman Otis, Senior Vice President & Faculty Division Director, The Federalist Society

Panel: The New Chevron Skeptics
8:45 am - 10:15 am

  • Prof. Michael Herz, Yeshiva University Benjamin N. Cardozo School of Law
  • Prof. Jeffrey Pojanowski, University of Notre Dame Law School
  • Prof. Peter Strauss, Columbia Law School
  • Prof. Christopher Walker, The Ohio State University Moritz College of Law
  • Moderator: Prof. John McGinnis, Northwestern University School of Law

New York, NY
January 8, 2016

The Voting Rights Case

Short video featuring Hans von Spakovsky and Derek Muller discussing Evenwel v. Abbott
Hans A. von Spakovsky, Derek Muller December 07, 2015

Hans A. von Spakovsky,  Manager, Election Law Reform Initiative and Senior Legal Fellow of the Heritage Foundation’s Edwin Meese III Center for legal and Judicial Studies, and Pepperdine Law Professor Derek Muller debate the meaning of one-person/one-vote in the Supreme Court’s upcoming case Evenwel v. Abbott.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Showcase Panel III: ROUNDTABLE: Can Changes in Incentives Significantly Address Congressional Dysfunction? - Event Audio/Video

2015 National Lawyers Convention
Howard L. Berman, James W. Ceaser, Michael S. Greve, Frances E. Lee, Richard Pildes, Matthew Lee Wiener, Frank H. Easterbrook, Dean A. Reuter November 19, 2015

Over the years, and especially recently, it appears as though members of Congress primarily need to avoid offending constituents if they wish to stay in office. There are few rewards for genuine political leadership or the hard-nosed political deals that are oftentimes crucial to good governance. “Passing the buck" to the Executive branch, usually in the form of the Administrative State or even to the Judiciary seems less effective but more prudent. Are the incentives for members of Congress deleterious to its overall function? Is it possible to effectively change them?

Showcase Panel III: ROUNDTABLE: Can Changes in Incentives Significantly Address Congressional Dysfunction?
9:00 a.m. – 10:45 a.m.
Grand Ballroom

  • Hon. Howard L. Berman, Former U.S. Representative, California’s 28th Congressional District, Senior Advisor, Covington & Burling LLP
  • Prof. James W. Ceaser, Professor of Politics, University of Virginia
  • Prof. Michael S. Greve, Professor of Law, George Mason University School of Law
  • Prof. Frances E. Lee, Professor, University of Maryland
  • Prof. Richard H. Pildes, Sudler Family Professor of Constitutional Law, New York University School of Law
  • Mr. Matthew L. Wiener, Executive Director, Administrative Conference of the United States
  • Moderator: Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

The Mayflower Hotel
Washington, DC

Address by Senator Orrin Hatch - Event Audio/Video

2015 National Lawyers Convention
Orrin Hatch, Leonard A. Leo November 18, 2015

Senator Orrin Hatch delivered this address at the 2015 National Lawyers Convention on Friday, November 13, 2015. He was introduced by Mr. Leonard A. Leo, Executive Vice President of The Federalist Society.

2:30 p.m. – 3:15 p.m.
Grand Ballroom

  • Hon. Orrin Hatch, U.S. Senate, Utah
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

The Mayflower Hotel
Washington, DC