Second Annual Texas Chapters Conference
A growing number of Texas municipalities are passing so-called "nanny state" restrictions and regulations that may interfere with Texans’ personal liberties, property rights, and livelihood. Advocates of these types of regulations defend them by citing a theory of “local control,” which posits that government works best when it is closest to the people. Our republic is founded upon the notion that all powers not granted to the federal government are reserved to the states or to the people. Some say the notion of local control being anything other than a specific grant of authority from the state government is a misunderstanding of federalism. This could lead to "grassroots tyranny" in which individual liberties of Texans are encroached by local government. Should the Legislature enforce strict limits on municipalities or should it defer to the will of a geographical majority? How can the Legislature reassert its primacy as the state’s lawgiver and defender of individual liberty if existing statutes are overlooked by the courts? In short, this panel will discuss a theory of local control and determine whether the Texas Legislature has abdicated too much lawmaking authority to political subdivisions throughout the state.
This panel took place on September 17, 2016, during the Second Annual Texas Chapters Conference in Austin, Texas. The theme for the conference was "The Separation of Powers in the Administrative State".
Panel Two: Local Control or Abdication of Individual Rights?
1:15 p.m. - 2: 45 p.m.
- Hon. Phil King, Texas House of Representatives, District 61
- Dean Andrew P. Morriss, Dean and Anthony G. Buzbee Dean’s Endowed Chair, Texas A&M University School of Law
- Hon. Don Zimmerman, Council Member, District 6, Austin
- Moderator: Hon. Michael Massengale, First Court of Appeals, Texas
- Introduction: Mr. Roger Borgelt, Principal and CEO, Borgelt Law
- Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society
AT&T Executive Education and Conference Center Telecommunications & Electronic Media Practice Group Podcast
University of Texas at Austin
On March 17th the United States Court of Appeals for the Sixth Circuit heard oral arguments in The State of Tennessee et al. v. FCC. This appeal involves a challenge to the FCC’s March 2015 order that preempted certain provisions of Tennessee and North Carolina state laws, which impose restrictions on the deployment of municipal broadband services. The Sixth Circuit will determine whether the FCC has the power to intervene and define the relationship between state and municipal governments when it comes to providing these services. Our expert discussed the FCC’s order, the parties’ arguments, and the takeaways from the oral argument.
Environmental Law & Property Rights and Federalism & Separation of Powers Practice Groups Podcast
- Raymond L. Gifford, Wilkinson Barker Knauer LLP
Elbert Lin March 08, 2016
Everyone has heard of the Clean Power Plan, but fewer people actually understand its contours and requirements. Most recently, on February 9, 2016, the U.S. Supreme Court stayed implementation of the rule, pending judicial review. Our expert discussed the scope and impact of the rule and the latest developments in the litigation.
2016 Annual Western Chapters Conference
- Elbert Lin, Solicitor General, West Virginia
How should federalism affect “moral” issues like abortion, traditional marriage, and state RFRA laws? What about the intersection of equal protection and religious liberties? Should pro-life state attorneys general, for example, file lawsuits against abortion providers like Planned Parenthood? Is religious faith and morality inherently in tension with fidelity to the rule law?
This debate was part of the 2016 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 30, 2016.
Federalism and Religious Liberty
- Prof. John Eastman, Dale E. Fowler School of Law, Chapman University
- Prof. Marci Hamilton, Paul R. Verkuil Chair in Public Law, Benjamin N. Cardozo School of Law, Yeshiva University
- Moderator: Hon. Carlos Bea, U.S. Court of Appeals, 9th Circuit
- Introduction: Mr. Joel Ard, Member, Foster Pepper PLLC
The Ronald Reagan Presidential Library 2016 Annual Western Chapters Conference
Simi Valley, CA
Some states have criticized Washington overreach on a number of energy and environmental issues, from fracking, the sale of public lands, utility regulation, and clean air and water regulation. Many state attorneys general have banded together to challenge alleged overreach in the environmental arena, including litigation against the EPA’s coal-fired power plant regulation plans. What are the proper federalism models for environmental regulation? What role should the courts and state attorneys general play? A panel of experts will discuss.
This panel was part of the 2016 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 30, 2016.
Federalism, the Environment, Land Use, and Energy Independence
- Mr. Anthony L. (Tony) François, Senior Staff Attorney, Pacific Legal Foundation
- Prof. Richard Frank, Director, California Environmental Law and Policy Center, UC Davis School of Law
- Prof. Donald J. Kochan, Associate Dean for Research and Faculty Development; Dale E. Fowler School of Law, Chapman University
- Prof. Justin Pidot, Sturm College of Law, University of Denver
- Moderator: Hon. Milan D. Smith, Jr., U.S. Court of Appeals, 9th Circuit
- Introduction: Ms. Jennifer Perkins, Assistant Solicitor General, AG Opinions and Ethics at Arizona Attorney General's Office
The Ronald Reagan Presidential Library
Simi Valley, CA