The Federalist Society

2008 National Lawyers Convention Schedule

American courts, on both the state and federal level, are playing an increasingly visible role in deciding issues of enormous importance.  Using the theme of this year’s Convention, The People and the Judiciary, the Federalist Society will examine the role of the “least dangerous branch.”  How, and by whom, should the judges who populate these various courts be selected?  And for what period of time, and under what conditions, should judges be retained?  Should their decisions be subject to review, revision and even reversal by the populace, or perhaps by the peoples’ elected representatives?  And how can standards of judicial conduct be determined, monitored, and enforced, without impinging on judicial independence?  Our four plenary panel sessions and various addresses will answer these and other questions.

This schedule was last updated on Wednesday, Nov. 19, at 6:15 p.m. Changes are marked in red.

THURSDAY, NOVEMBER 20
9:00 a.m. - 9:30 a.m.
Grand Ballroom

Welcome and Opening Address

  • Hon. Mitch McConnell, United States Senator, Kentucky

9:30 a.m. - 11:15 a.m.
Grand Ballroom

Showcase Panel I: Judicial Selection: Federal and State

Is the process we use for selecting judges broken at both the federal and the state level?  Acrimony in federal judicial selection intensified with the Robert Bork and Clarence Thomas Hearings, escalated when Republicans delayed some Clinton nominees, and then the confirmation process fell apart completely under President George W. Bush as Senate Democrats refused to hold hearings on nominees for years or filibustered them on the floor of the Senate.  This panel will examine what, if anything, can be done to repair the federal judicial appointment process.  It will also consider the longstanding debate at the state level over election versus appointment of state judges.  Is merit selection an answer, or would it surrender the last vestiges of democratic control over the judiciary to a special interest trial lawyer elite?

  • Prof. Meryl J. Chertoff, Sandra Day O’Connor Project on the State of the Judiciary, Georgetown University Law Center
  • Prof. William K. Kelley, Notre Dame Law School
  • Prof. William P. Marshall, University of North Carolina School of Law
  • Hon. Harold F. See, Jr., Supreme Court of Alabama
  • Moderator:  Hon. Diane S. Sykes, United States Court of Appeals, Seventh Circuit

11:30 a.m. - 12:00 noon
Grand Ballroom

Address

  • Hon. Michael Chertoff, Secretary, United States Department of Homeland Security

12:00 noon - 2:00 p.m.
Lunch Buffet
Cabinet Room, Chinese Room, Colonial Room, Maryland Room, Massachusetts Room, New Hampshire Room, New Jersey Room, New York Room, North Carolina Room

12:00 noon - 2:00 p.m.
East Room

Criminal Law: The Prosecution of Public Corruption

  • Dr. John S. Baker, Jr., Louisiana State University Paul M. Hebert Law Center
  • Hon. Alice Fisher, Latham & Watkins, and Former Assistant Attorney General, Criminal Division, United States Department of Justice
  • Mr. Daniel E. Reidy, Jones Day
  • Mr. Robert Trout, Trout Cacheris, PLLC
  • Moderator: Hon. Merrick Garland, United States Court of Appeals, District of Columbia Circuit

12:00 noon - 2:00 p.m.
Colonial Room
 

Intellectual Property: Specialized Courts: Lessons from the Federal Circuit

  • Prof. F. Scott Kieff, Washington University School of Law
  • Mr. Don Martens, Knobbe Martens Olson & Bear LLP
  • Prof. Arti K. Rai, Duke University School of Law
  • Moderator:  Hon. Randall R. Rader, United States Court of Appeals, Federal Circuit

12:00 noon - 2:00 p.m.
State Room 

Religious Liberties: The International Religious Freedom Act

  • Prof. Thomas F. Farr, Georgetown University
  • Prof. Richard W. Garnett, IV, Notre Dame Law School
  • Dr. T. Jeremy Gunn, American Civil Liberties Union
  • Moderator:  Mr. William L. Saunders, Family Research Council

2:15 p.m. - 3:30 p.m.
East & State Rooms

Environmental Law: The Policy Implications of the Reaction to Climate Change

  • Prof. Jonathan Adler, Case Western Reserve University School of Law
  • Prof. John C. Dernbach, Widener University Law School
  • Mr. Steven F. Hayward, American Enterprise Institute
  • Prof. Jeremy A. Rabkin, George Mason University School of Law
  • Moderator:  Hon. Jeffrey S. Sutton, United States Court of Appeals, Sixth Circuit

2:15 p.m. - 3:30 p.m.
Grand Ballroom

Professional Responsibility: The Disciplining of Federal Judges

  • Prof. Charles Gardner Geyh, Indiana University School of Law—Bloomington
  • Prof. Arthur D. Hellman, University of Pittsburgh School of Law
  • Hon. Dennis G. Jacobs, United States Court of Appeals, Second Circuit
  • Moderator: Mr. David Reinhard, The Oregonian

3:45 p.m. - 5:15 p.m.
East & State Rooms 

Civil Rights: The Heller Case

  • Prof. Nelson R. Lund, George Mason University School of Law
  • Mr. Clark Neily, Institute for Justice
  • Prof. Lucas A. Powe, Jr., University of Texas School of Law
  • Prof. Adam Winkler, University of California, Los Angeles School of Law
  • Moderator: Hon. Diarmuid F. O’Scannlain, United States Court of Appeals, Ninth Circuit
3:45 p.m. - 5:15 p.m.
Grand Ballroom

International & National Security Law: International Law & the Separation of Powers

  • Prof. John O. McGinnis, Northwestern University School of Law
  • Hon. Randy Moss, WillmerHale
  • Mr. David R. Rivkin, Jr., Baker & Hostetler LLP
  • Prof. John C. Yoo, University of California, Berkeley, Boalt Hall School of Law
  • Moderator: Mr. François-Henri Briard, Delaporte, Briard & Trichet and President, The Federalist Society, Paris Chapter

6:00 p.m. - 7:00 p.m.
Marriott Wardman Park
2660 Woodley Road, NW
 

Madison Club Reception (Invitation only) BLACK TIE OPTIONAL

6:00 p.m. - 7:00 p.m.
Marriott Wardman Park
2660 Woodley Road, NW
 

Lawyers Convention Reception (Ticketed event) BLACK TIE OPTIONAL

7:00 p.m.
Marriott Wardman Park
2660 Woodley Road, NW

Lawyers Convention Annual Dinner (Ticketed event) BLACK TIE OPTIONAL

  • Hon. Michael B. Mukasey, United States Attorney General

 


FRIDAY, NOVEMBER 21
9:00 a.m. - 10:45 a.m.
Grand Ballroom

Showcase Panel II: Judicial Tenure: Life Tenure or Fixed Nonrenewable Terms?

The Supreme Court of the United States is the only major court of its kind in the world where justices have life tenure rather than serving for a term of years or subject to a mandatory retirement age.  Not only has every other western democracy rejected life tenure, but forty-nine out of fifty states have rejected it for their state supreme courts as well.  Is life tenure for U.S. Supreme Court justices a good idea, or is it an 18th Century anachronism?  What can or should be done about the fact that the average tenure of Supreme Court Justices has increased from 15 to 27 years since 1970?  Ought we to be concerned if vacancies on the Supreme Court open up only once every four years instead of once every two as happened between 1789 and 1970?

  • Prof. Stephen B. Burbank, University of Pennsylvania Law School
  • Hon. Charles J. Cooper, Cooper & Kirk, PLLC
  • Prof. James Lindgren, Northwestern University School of Law
  • Prof. David R. Stras, University of Minnesota School of Law
  • Moderator: Hon. J. Harvie Wilkinson III, United States Court of Appeals, Fourth Circuit

11:00 a.m. - 12:00 noon
Grand Ballroom

Special Session: Judicial Independence Dialogue

  • Hon. William H., Pryor Jr., United States Court of Appeals, Eleventh Circuit
  • Mr. H. Thomas Wells Jr., American Bar Association, and Maynard, Cooper & Gale, P.C.
  • Moderator: Mr. M. Edward Whelan III, Ethics and Public Policy Center

12:00 noon - 2:00 p.m.
Lunch Buffet

Cabinet Room, Chinese Room, Colonial Room, Maryland Room, Massachusetts Room, New Hampshire Room, New Jersey Room, New York Room, North Carolina Room

12:00 noon - 2:00 p.m.
East Room

Financial Services: The Latest in the Financial Services Crises: Government Control v. the Free Market

  • Mr. Bert Ely, Ely & Company, Inc.
  • Mr. Scott M. Polakoff, Office of Thrift Supervision, U.S. Department of the Treasury
  • Mr. Alex J. Pollock, American Enterprise Institute
  • Mr. Andrew Redleaf, Whitebox Advisors, LLC
  • Mr. John Taylor, National Community Reinvestment Coalition
  • Hon. Peter J. Wallison, American Enterprise Institute
  • Prof. Todd J. Zywicki, George Mason University School of Law
  • Moderator: Hon. Douglas Ginsburg, U.S. Court of Appeals for the DC Circuit

12:00 noon - 2:00 p.m.
State Room

Labor: Labor Initiatives in the New Administration

  • Ms. Holly B. Fechner, Covington & Burling LLP 
  • Hon. William J. Kilberg, Gibson, Dunn & Crutcher and Former Solicitor, United States Department of Labor
  • Mr. James A. Paretti, United States House of Representatives Committee on Education & Labor
  • Mr. William Samuel, AFL-CIO
  • Moderator: Hon. Timothy M. Tymkovich, United States Court of Appeals, Tenth Circuit

12:00 noon - 2:00 p.m.
TBA

Litigation: Civil Litigation under the Roberts Court

  • Hon. Gregory G. Katsas, Assistant Attorney General, Civil Division, United States Department Colonial of Justice
  • Mr. Robert S. Peck, Center for Constitutional Litigation
  • Mr. Carter G. Phillips, Sidley Austin
  • Dr. Roger Pilon, Vice President for Legal Affairs, B. Kenneth Simon Chair for Constitutional Studies, and Director of the Center for Constitutional Studies, Cato Institute
  • Hon. Jerry E. Smith, United States Court of Appeals, Fifth Circuit
  • Moderator: Hon. Kenneth W. Starr, Dean, Pepperdine University School of Law and former United States Solicitor General

2:15 p.m. - 3:00 p.m.
Grand Ballroom

Address

  • Mr. Mark Steyn, Columnist and Author of America Alone: The End of the World as We Know It

3:15 p.m. - 4:45 p.m.
Grand Ballroom

Federalism: The Roberts Court and Federalism

  • Hon. Paul D. Clement, Former United State Solicitor General
  • Hon. Walter E. Dellinger III, Duke University School of Law and Former Acting United States Solicitor General
  • Dean John C. Eastman, Chapman University School of Law
  • Prof. Jeffrey Rosen, George Washington University Law School
  • Moderator: Hon. David B. Sentelle, United States Court of Appeals, District of Columbia Circuit

3:15 p.m. - 4:45 p.m.
East & State Rooms

Free Speech & Election Law: Freedom of Speech vs. Anti-Discrimination Laws

  • Prof. David Bernstein, George Mason University School of Law
  • Prof. Andrew Koppelman, Northwestern University School of Law
  • Prof. Kenneth I. Marcus, Baruch College/CUNY School of Public Affairs
  • Prof. Eugene Volokh, University of California, Los Angeles School of Law
  • Moderator:  Prof. Lillian R. BeVier, University of Virginia School of Law

5:15 p.m. - 5:45 p.m.
Grand Ballroom

Barbara K. Olson Memorial Lecture (Ticketed event)

  • Hon. Edith H. Jones, United States Court of Appeals, Fifth Circuit

5:45 p.m. - 7:30 p.m.
East & State Rooms
 

Barbara K. Olson Memorial Reception (Ticketed event)

9:00 p.m. - 11:00 p.m.
Chinese Room

Reception: Hosted by the National Review Institute



 

SATURDAY, NOVEMBER 22
9:00 a.m. - 10:30 p.m.
Grand Ballroom

Showcase Panel III: Second Look Doctrines: Should Congress be Empowered to Override the Court? Should Voters in State Initiatives and Referenda be Able to Override State Supreme Courts?

Some scholars have praised Canada, Britain, and Israel for having a form of judicial review where a legislative majority in a clear statute can override an erroneous high court ruling or suspend it from taking effect.  The argument is that judicial review is inherently counter-majoritarian and undemocratic, so legislative majorities should be able to overrule erroneous Supreme Court decisions.  Should Congress be able to override U.S. Supreme Court decisions the way it can override a presidential veto?  What majority ought to be required for such an override?  Ought state voters in initiatives and referenda be able, by majority vote, to amend state constitutions so as to override state supreme courts?

  • Hon. Frank H. Easterbrook, United States Court of Appeals, Seventh Circuit
  • Prof. Richard A. Epstein, University of Chicago Law School
  • Prof. Neal K. Katyal, Georgetown University Law Center
  • Moderator: Hon. Larry D. Thompson, Pepsico, Inc., and Former Deputy United States Attorney General

10:45 a.m. - 12:15 p.m.
Chinese Room

Administrative Law: The 25th Anniversary of Chevron

  • Hon. Ronald A. Cass, Cass & Associates, PC and Dean Emeritus, Boston University School of Law
  • Prof. William N. Eskridge, Jr., Yale Law School
  • Prof. Kristin E. Hickman, University of Minnesota Law School
  • Prof. Thomas W. Merrill, Yale Law School
  • Moderator: Hon. Eileen J. O'Connor, Pillsbury Winthrop Shaw Pittman LLP, and Former Assistant Attorney General, Tax Division, United States Department of Justice

10:45 a.m. - 12:15 p.m.
State Room

Corporations: The SEC and the Financial Services Crisis of 2008

  • Hon. Paul S. Atkins, former Commissioner, United States Securities & Exchange Commission
  • Prof. Edmund Kitch, University of Virginia School of Law
  • Prof. Jonathan R. Macey, Yale Law School
  • Hon. George J. Terwilliger III, White & Case LLP, Former United States Deputy Attorney General
  • Moderator:  Prof. Stephen Bainbridge, University of California, Los Angeles School of Law

10:45 a.m. - 12:15 p.m.
East Room

Telecommunications: The FCC and the First Amendment

  • Mr. Miguel A. Estrada, Gibson, Dunn & Crutcher, and Former Assistant to the United States Solicitior General
  • Hon. Gregory G. Garre, United States Solicitor General
  • Hon. Kevin J. Martin, Federal Communications Commission
  • Mr. Adam D. Thierer, The Progress and Freedom Foundation
  • Moderator: Hon. Brett M. Kavanaugh, United States Court of Appeals, District of Columbia

12:15 p.m. - 2:15 p.m.
Grand Ballroom
 

Annual Rosenkranz Discussion

  • Hon. Michael W. McConnell, United States Court of Appeals, Tenth Circuit
  • Hon. Richard Posner, United States Court of Appeals, Seventh Circuit
  • Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University School of Law

2:30 p.m. - 4:00 p.m.
State Room

Showcase Panel IV: Regulation of Judicial Conduct: Silencing Judges or Avoiding Improper Influence?

Is recent congressional interest in curtailing participation of judges in conferences and educational programs a chilling effort to curtail free speech, or is it a necessary insulation of the judiciary from special interest groups and their influence?  What kind of extra-judicial participation in conferences and programs ought judges be allowed to engage in?  Should Congress be concerned about the amount of time some justices of the Supreme Court spend with European and other foreign jurists. What, if anything, should be done to control the foreign or domestic education programs in which federal judges participate?

  • Hon. A. Raymond Randolph, United States Court of Appeals, District of Columbia Circuit
  • Mr. Robert F. Schiff, Subcommittee on the Judiciary, United States Senate
  • Prof. Eugene Volokh, University of California, Los Angeles School of Law
  • Moderator: Hon. Carlos T. Bea, United States Court of Appeals, Ninth Circuit

4:15 p.m. - 5:15 p.m.
State Room

Address

  • Hon. Antonin Scalia, United States Supreme Court

5:15 p.m. - 7:00 p.m.
Colonial Room
 

Closing Reception: Book Signing

  • Robert A. Levy and William Mellor, authors of The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom.
  • Hon. Antonin Scalia, United States Supreme Court and author of Making Your Case: The Art of Persuading Judges.
    Books will be available for purchase.

THIS SCHEDULE WILL BE UPDATED FREQUENTLY
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