19th Annual Faculty Conference

Faculty Division
Start : Thursday, January 05, 2017 08:00 AM
End : Friday, January 06, 2017 12:15 PM
Parc 55 San Francisco - A Hilton Hotel
55 Cyril Magnin Street
San Francisco, CA 94102

The 19th Annual Federalist Society Faculty Conference will take place on January 5-6, 2017 at San Francisco's Parc55 Hilton, the co-lead hotel for the AALS Annual Meeting. The conference will again take place as part of the official AALS Annual Meeting, and all of our events and speakers will be cross-listed in the AALS Annual Meeting Program.

The conference will feature panels on corpus linguistics and legal interpretation, the 150th anniversary of the Thirteenth Amendment, and "Dear Colleague" letters. Scholars will present their works in progress at other various panels. Our annual luncheon debate will feature an exciting discussion about juries.


Thursday, January 5, 2017

Welcome - Audio/Video
8:30 am
3rd Floor, Embarcadero Room

  • Hon. Lee Liberman Otis, The Federalist Society
  • AALS President Kellye Y. Testy, Dean, University of Washington School of Law
  • Prof. Steven G. Calabresi, Northwestern University Pritzker School of Law [on the late Justice Antonin Scalia]

Panel: Corpus Linguistics and Legal Interpretation - Audio/Video
8:45 am - 10:15 am
3rd Floor, Embarcadero Room

  • Moderator: Prof. Kurt T. Lash, University of Illinois College of Law
  • Justice Thomas Lee, Utah Supreme Court
  • Mr. Stephen Mouritsen, Willkie Farr & Gallagher LLP
  • Prof. Lawrence Solan, Brooklyn Law School

Description: This panel is about “corpus linguistics,” a technique that involves the use of computer searches of large collections of texts, or corpora, to determine meaning by reference to usage. It will discuss this technique’s potential value and limitations in informing the interpretation of different kinds of legal texts.

7 Minute Presentations of Works in Progress Panel 1-A
10:30 am - 11:45 am
3rd Floor, Powell I Room

  • Moderator: Prof. Caleb Nelson, University of Virginia School of Law
  • Prof. Josh Blackman (South Texas College of Law Houston): "Presidential Maladministration"
  • Prof. Enrique Guerra-Pujol (University of Central Florida): "Probabilistic Interpretation"
  • Ms. Jennifer Mascott (Georgetown University Law Center): "Who are Officers of the United States"
  • Mr. Jonathan Mitchell (Stanford Law School): "The Writ of Erasure Fallacy in American Jurisprudence"
  • Prof. William Nancarrow (Curry College): 'What Was All the Fuss About?: The Real Reason for Popular Anger at the Courts during the “Lochner Era"'
  • Prof. Ilya Somin (George Mason University Antonin Scalia Law School): "The Original Scope of State and Federal Power Over Immigration"
  • Prof. Lee Strang (University of Toledo College of Law): "Aretaic Originalism: Originalism's Promise and Limits"

7 Minute Presentations of Works in Progress Panel 1-B
10:30 am - 11:45 am
3rd Floor, Powell II Room

  • Moderator: Prof. George Mocsary, Southern Illinois University School of Law
  • Prof. Vince Buccola (Wharton School, University of Pennsylvania): "Corporate Law's Domain"
  • Prof. Dmitry Karshtedt (The George Washington University Law School): "Rational Willfulness: Toward a New Standard for Enhanced Damages in Patent Law"
  • Prof. Jeremy Kidd (Mercer University School of Law): "Is There a Bootlegger in my Uber?"
  • Prof. Jake Linford (Florida State University College of Law): "Scarcity of Attention in a World Without Copyright"
  • Prof. Nadia Nedzel (Southern University Law Center): "Hayek, the Rule of Law, and Spontaneous Order"
  • Prof. Seth Oranburg (Duquesne University School of Law): "A Place of Their Own: Crowds in the New Market for Equity Crowdfunding"
  • Mr. Justin Pace (Florida State University College of Law): "The Misnomer in the Use of Fiduciary in the Business Organization Context"

7 Minute Presentations of Works in Progress Panel 1-C
10:30 am - 11:45 am
3rd Floor, Embarcadero Room

  • Moderator: Prof. Earl Maltz, Rutgers Law School-Camden
  • Prof. Paul Baier (Louisiana State University Law Center): “Written in Water”
  • Prof. Andrea Boyack (Washburn University School of Law): “Residential Segregation, Rental Unaffordability, and Neighborhood Decline: Taming the Three-Headed Housing Hellhound”
  • Prof. Tara Leigh Grove (William & Mary Law School): "Conventions of Judicial Independence"
  • Prof. Michael Lewyn (Touro Law Center): “Health and Safety Overregulation”
  • Prof. Katherine Macfarlane (University of Idaho College of Law): "Shadow Judges: Staff Attorney Adjudication of Prisoner Claims"
  • Prof. James Sonne (Stanford Law School): "Cross-Cultural Lawyering and Religion: A Clinical Perspective"
  • Prof. Stephen Ware (University of Kansas School of Law): "Judicial Retention Elections Stink"

Luncheon Debate: The Past and Future of the Criminal and Civil Jury - Audio/Video
12:00 pm - 2:00 pm
3rd Floor, Market Street Room

  • Moderator: Prof. Joshua Kleinfeld, Northwestern University Pritzker School of Law
  • Prof. Renee Lettow Lerner, George Washington University Law School
  • Prof. Suja Thomas, University of Illinois College of Law

Description: This debate will discuss the proper role of the criminal and civil jury in modern America and as understood at the Founding.

Young Legal Scholars Paper Presentations - Audio/Video
2:15 pm - 4:15 pm
4th Floor, Cyril Magnin III

  • Moderator: Prof. Amy Coney Barrett, Notre Dame Law School
  • Prof. Daniel Hemel (University of Chicago Law School) & Prof. Aaron Nielson (Brigham Young University School of Law): "Chevron Step One-and-a-Half"
  • Prof. Ryan Holte (Southern Illinois College of Law) & Prof. Christopher Seaman (Washington & Lee University School of Law): “Patent Injunctions on Appeal: An Empirical Study of the Federal Circuit’s Application of eBay”
  • Prof. Stephen Sachs (Duke Law School): “Pennoyer Was Right: Jurisdiction and General Law”
  • Prof. Christopher Walker (Ohio State University College of Law): “Legislating in the Shadows”
  • Mr. Ilan Wurman (Winston & Strawn): “As-Applied Nondelegation”
  • Commenter: Prof. Richard Epstein, New York University School of Law, University of Chicago Law School

Panel: The Thirteenth Amendment 150 Years Later - Audio/Video
4:30 pm - 6:15 pm
4th Floor, Cyril Magnin III

  • Moderator: Prof. Randy Barnett, Georgetown University Law Center
  • Dean William Carter, University of Pittsburgh School of Law
  • Prof. Jennifer Mason McAward, Notre Dame Law School
  • Prof. Alexander Tsesis, Loyola University of Chicago School of Law
  • Prof. David Upham, University of Dallas

Description: December 2015 marked 150 years since the ratification of the Thirteenth Amendment—an occasion of singular moral, political, and legal importance in American history. This panel reflects on that past with an eye toward the future. While the Amendment plainly outlaws slavery itself, does it go beyond that, or authorize Congress to go beyond that, and if so, how?

Friday, January 6, 2017

Panel: “Dear Colleague”/Guidance Letters, Consent Decrees, and other administrative law innovations - Audio/Video
9:00 am - 10:45 am
3rd Floor, Embarcadero Room

  • Moderator: Hon. Michael W. McConnell, Stanford Law School
  • Prof. Richard Epstein, New York University School of Law
  • Prof. Gail Heriot, University San Diego School of Law
  • Prof. Richard Pierce, The George Washington University Law School
  • Prof. Aaron Saiger, Fordham University School of Law

Description: This panel will discuss administrative agencies’ increasing use of devices such as guidance letters, consent decrees, and Notices of Proposed Rulemaking (instead of final rules or adjudications issued with APA procedural protections) as mechanisms for setting major policies that may be effectively binding on private parties.

7 Minute Presentations of Works in Progress Panel 2-A
11:00 am - 12:15 pm
3rd Floor, Powell I Room

  • Moderator: Prof. Richard F. Duncan, Nebraska College of Law
  • Prof. Brad Areheart (University of Tennessee College of Law): "The Symmetry Principle"
  • Prof. Johnny Rex Buckles (University of Houston Law Center): "The Sexual Integrity of Religious Schools and Tax Exemption"
  • Prof. Adam Candeub (Michigan State University College of Law): "Agency Rationality"
  • Prof. Joseph D'Agostino (Savannah Law School): "Coercive Physical Force as Essential to the Concept of Law"
  • Prof. Matthew Harrington (University of Montreal): "When Religion and Equality Collide"
  • Prof. Michael Morley (Barry University): "Nationwide Injunctions, Nationwide Class Actions Under Rule 23(b)(2), and the Remedial Powers of Lower Courts"
  • Prof. Brad Shannon (Florida Coastal School of Law): "Law and Deliberation"

7 Minute Presentations of Works in Progress Panel 2-B
11:00 am - 12:15 pm
3rd Floor, Powell II Room

  • Moderator: Prof. Ryan D. Meade, Loyola University Chicago School of Law
  • Prof. Nadia Ahmad (Barry University School of Law): "Blood Biofuels"
  • Prof. Caroline Davidson (Willamette University College of Law): "Rape in Context"
  • Prof. Jack Harrison (Northern Kentucky College of Law): "Registration, Fairness, and General Jurisdiction"
  • Prof. Michael Mannheimer (Northern Kentucky College of Law): "Decentralizing Fourth Amendment Search Doctrine"
  • Prof. Barbara Mouly (Liberty University School of Law): "Effects of Recognition of Islamic Law in United States Courts"
  • Prof. Guy Rub (The Ohio State University College of Law): "Incentivizing Fine Art through Social Norms"
  • Prof. Erin Sheley (University of Calgary Faculty of Law): "The Broken Windows Theory of Sexual Assault Enforcement"

Related Materials:
Annual Faculty Conferences