The Federalist Society

2013 National Lawyers Convention Schedule

2013 National Lawyers ConventionThe Federalist Society's 2013 National Lawyers Convention was held on Thursday, November 14 through Saturday, November 16 at the Mayflower Hotel in Washington, D.C. The topic of this year's convention was: Textualism and the Role of Judges.

 

 

 

THURSDAY, NOVEMBER 14

Welcome & Opening Address audio video
9:00 a.m. – 9:30 a.m.
Grand Ballroom

  • Mr. Leonard A. Leo, Executive Vice President, The Federalist Society
  • Hon. Michael S. Lee, United States Senate

Showcase Panel I: Textualism and the Bill of Rights audio video
9:30 a.m. – 11:15 a.m.
Grand Ballroom

The new textualism has had a big impact on interpretation of the Bill of Rights.  Freedom of speech is vigorously protected on the current Supreme Court but in two recent cases over the lone dissent of Justice Alito.  This panel will examine the Justices’ view on free speech.  The Justices have also diverged recently in some striking Fourth Amendment cases.  Justices Scalia and/or Thomas have construed the Fourth Amendment broadly and Chief Justice Roberts and Justices Kennedy and Alito have disagreed.  This is also an area where the more liberal Justices disagree in interesting ways.  This panel will try to shed light on why the Justices disagree  Bill of Rights literalism will also be considered in terms of its effect on the Takings and Confrontation Clauses as well as the doctrine of substantive due process.

  • Prof. Stephanos Bibas, Professor of Law and Criminology and Director, Supreme Court Clinic, Pennsylvania University Law School
  • Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law and James Parker Hall Distinguished Service Professor of Law, University of Chicago Law School
  • Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center
  • Prof. Nadine Strossen, New York Law School and former President, American Civil Liberties Union
  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, University of California, Los Angeles School of Law
  • Moderator: Hon. Thomas M. Hardiman, United States Court of Appeals, Third Circuit

Address audio video
11:30 a.m. – 12:00 noon
Grand Ballroom

  • Hon. Ted Cruz, United States Senate

Corporations: 'New' Antitrust Enforcement Authority under the FTC Act: Defensible Statutory Interpretation or Plumbing the Penumbras? audio video
12:00 p.m. – 2:00 p.m.

East Room

  • Mr. David A. Balto, David A. Balto Law Offices; Program Fellow, Health Policy Program, New America Foundation
  • Mr. Thomas O. Barnett, Partner, Covington & Burling LLP
  • Hon. F. Scott Kieff, Commissioner, U.S. International Trade Commission
  • Hon. Maureen, K. Ohlhausen, Commissioner, Federal Trade Commission
  • Mr. J. Thomas Rosch, Of Counsel, Latham & Watkins LLP
  • Moderator: Hon. Stephen F. Williams, United States Court of Appeals, District of Columbia Circuit

Religious Liberties: Religious Liberty & Conflicting Moral Visions audio video
12:00 p.m. – 2:00 p.m.
State Room

  • Mr. Kyle Duncan, General Counsel, The Becket Fund for Religious Liberty
  • Prof. William A. Galston, Ezra Zilkha Chair, Governance Studies Program, The Brookings Institution
  • Prof. Robert P. George, McCormick Professor of Jurisprudence and Director, James Madison Program in American Ideals and Institutions Department of Politics, Princeton
  • Prof. Andrew M. Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law
  • Moderator: Hon. Diarmuid F. O’Scannlain, United States Court of Appeals, Ninth Circuit

Intellectual Property: Intellectual Property, Free Markets and Competition Policy audio video
2:00 p.m. – 3:30 p.m.

State Room

  • Prof. John F. Duffy, Samuel H. McCoy II Professor of Law and Armistead M. Dobie Professor of Law, University of Virginia School of Law
  • Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law and James Parker Hall Distinguished Service Professor of Law, University of Chicago Law School
  • Prof. Joshua D. Sarnoff, Professor of Law, DePaul University College of Law
  • Hon. Joshua D. Wright, Commissioner, Federal Trade Commissioner and Professor of Law, George Mason University School of Law
  • Moderator: Hon. Douglas H. Ginsburg, Senior Circuit Judge, U.S. Court of Appeals, District of Columbia Circuit and Professor of Law, George Mason University School of Law

Labor & Employment: Recess Appointments: Implications of Noel Canning audio video
2:00 p.m. – 3:30 p.m.
Grand Ballroom

  • Mr. John Elwood, Partner, Vinson & Elkins LLP
  • Mr. Noel J. Francisco, Partner, Jones Day
  • Prof. John N. Raudabaugh, Reed Larson Professor of Labor Law, Ave Maria School of Law; former member,National Labor Relations Board and Staff Attorney, National Right To Work Legal Defense Foundation
  • Ms. Elizabeth B. Wydra, Chief Counsel, Constitutional Accountablity Center
  • Moderator: Hon. Raymond M. Kethledge, United States Court of Appeals, Sixth Circuit

Federalism: Competitive versus Cooperative Federalism audio video
3:45 p.m. – 5:15 p.m.

Grand Ballroom

  • Dr. John S. Baker, Jr., Visiting Professor, Georgetown University Law Center
  • Prof. Dr Jörg Fedtke, Tulane University School of Law
  • Prof. Robert Mikos, Professor of Law and Director, Program in Law and Government, Vanderbilt Law School
  • Prof. Erin Ryan, Lewis & Clark Law School
  • Moderator: Hon. Carlos T. Bea, United States Court of Appeals, Ninth Circuit

Litigation: The New Age of Litigation Financing audio video
3:45 p.m. – 5:15 p.m.
East Room

  • Mr. John H. Beisner, Partner, Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates
  • Mr. Ashley C. Keller, Co-Founder and Managing Director, Gerchen Keller Capital, LLC
  • Prof. Jonathan T. Molot, Georgetown University Law Center
  • Mr. Walter K. Olson, Senior Fellow, Cato Institute
  • Moderator: Hon. Thomas B. Griffith, United States Court of Appeals, District of Columbia Circuit

Telecommunications: FCC vs. the First Amendment audio video
3:45 p.m. – 5:15 p.m.
State Room

  • Prof. Marvin Ammori, Bernard L. Schwartz Fellow, New America Foundation
  • Mr. Miguel A. Estrada, Esquire, Partner, Gibson, Dunn & Crutcher, LLP
  • Ms. Jane Mago, Counsel, National Association of Broadcasters Education Foundation and Executive Vice President and General Counsel, National Association of Broadcasters
  • Hon. Ajit V. Pai, Commissioner, Federal Communications Commission
  • Moderator: Hon. Brett M. Kavanaugh, United States Court of Appeals, District of Columbia Circuit

Lawyers Convention Annual Dinner
An Interview with Justice Clarence Thomas audio video

7:00 p.m.
Omni Shoreham Hotel
2500 Calvert Street, N.W.
Regency Ballroom

  • Hon. Clarence Thomas, United States Supreme Court
  • Hon. Diane S. Sykes, United States Court of Appeals, Seventh Circuit
  • Hon. David M. McIntosh, Partner, Mayer Brown and Vice Chairman, The Federalist Society

 


 
FRIDAY, NOVEMBER 15

Showcase Panel II: Textualism and Constitutional Interpretation audio video
9:00 a.m. – 11:00 a.m.
Grand Ballroom

This panel will examine the growth of interest in recent years in original public meaning as a source of constitutional law.  Panelists will debate the merits and demerits of originalism as compared to living constitutionalism.  Questions addressed will include whether originalism is consistent with or in opposition to living constitutionalism and whether evidence of original intent is ever relevant to constitutional law.  Panelists will also discuss the normative arguments for and against reliance on original meaning in constitutional interpretation.  Another question to be considered is whether the interpretation and construction of legal rules are separate or identical judicial acts.

  • Prof. Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
  • Prof. Mitchell N. Berman, Richard Dale Endowed Chair in Law, Professor of Philosophy and Co-Director, Law & Philosophy Program, The University of Texas at Austin
  • Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law
  • Prof. Richard Primus, Professor of Law, The University of Michigan Law School
  • Moderator: Hon. Edith H. Jones, United States Court of Appeals, Fifth Circuit

Address audio video
11:15 a.m. – 12:00 noon
Grand Ballroom

  • Governor Scott Walker, Wisconsin

Civil Rights: Use of Disparate Impact Analysis audio video
12:00 noon – 2:00 p.m.

Chinese Room

  • Prof. Reva Siegel, Nicholas deB. Katzenbach Professor of Law, Yale Law School
  • Prof. William R. Yeomans, Fellow in Law and Government, American University Washington College of Law
  • Mr. Roger Clegg, President and General Counsel, Center for Equal Opportunity
  • Hon. Kenneth L. Marcus, President, the Louis D. Brandeis Center for Human Rights
  • Moderator: Hon. William F. Kuntz, II, United States District Court, Eastern District of New York

Criminal Law: Criminal Law Enforcement versus the Free Press audio video
12:00 noon – 2:00 p.m.

State Room

  • Mr. Adam Liptak, Supreme Court Correspondent, The New York Times
  • Prof. Eric M. Freedman, Maurice A. Deane Distinguished Professor of Constitutional Law, Hofstra University School of Law
  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, University of California, Los Angeles School of Law
  • Hon. Michael Mukasey, Partner, Debevoise & Plimpton LLP and former United States Attorney General
  • Moderator: Hon. A. Raymond Randolph, United States Court of Appeals, District of Columbia Circuit

Financial Services: Too Big To Fail - What Now? audio video
12:00 noon – 2:00 p.m.
East Room

  • Mr. Martin N. Baily, Bernard L. Schwartz Chair in Economic Policy Development, Brookings Institution
  • Mr. Timothy P. Carney, Visiting Fellow, Culture of Competition Project, American Enterprise Institute and Senior Political Columnist, Washington Examiner
  • Mr. Randall D. Guynn, Partner and Head of the Financial Institutions Group, Davis Polk & Wardwell LLP
  • Mr. Robert E. Litan, Director of Research, Bloomberg Government, Bloomberg News
  • Moderator: Hon. Paul S. Atkins, Chief Executive Officer, Patomak Global Partners LLC and former Commissioner, Securities and Exchange Commission

Discussion: NSA Data Collection audio video
2:15 p.m. – 3:15 p.m.
Grand Ballroom

  • Hon. Michael Mukasey, Partner, Debevoise & Plimpton LLP and former United States Attorney General
  • Prof. Jeremy A. Rabkin, Professor of Law, George Mason University School of Law
  • Moderator: Hon. George J. Terwilliger III, Partner, Morgan Lewis

Free Speech: The First Amendment and Government Benefits audio video
3:30 p.m. – 5:00 p.m.

State Room

  • Prof. Lillian R. BeVier, David and Mary Harrison Distinguished Professor of Law Emeritus, University of Virginia School of Law
  • Prof. David D. Cole, Professor of Law, Georgetown University Law Center
  • Dr. John C. Eastman, Professor, Henry Salvatori Professor of Law and Community Service; Former Dean (2007-2010); Director, Center of Constitutional Jurisprudence, Chapman University School of Law
  • Prof. Martin S. Lederman, Associate Professor of Law, Georgetown University Law Center
  • Moderator: Hon. Timothy M. Tymkovich, United States Court of Appeals, Tenth Circuit

International: Cybersecurity – The Policy and Politics of a Leading National Security Threat audio video
3:30 p.m. – 5:00 p.m.

Grand Ballroom

  • Mr. Steven G. Bradbury, Partner, Dechert LLP and former head, Office of Legal Counsel, United States Department of Justice
  • Mr. Joel F. Brenner, Principal, Joel Brenner LLC and former National Counterintelligence Executive, former Inspector General and Senior Counsel, National Security Agency
  • Ms. Michelle Richardson, Legislative Counsel, American Civil Liberties Union
  • Mr. Paul Rosenzweig, Red Branch Law and Consulting and former Deputy Assistant Secretary for Policy, U.S. Department of Homeland Security Principal
  • Prof. John Choon Yoo, Emanuel S. Heller Professor of Law, University of California, Berkeley Boalt Hall School of Law
  • Moderator: Mr. Vincent J. Vitkowsky, Chairman, International & National Security Law Practice Group, the Federalist Society

Barbara K. Olson Memorial Lecture audio video
5:30 p.m. – 6:00 p.m.
Grand Ballroom

  • Hon. Neil M. Gorsuch, United States Court of Appeals, Tenth Circuit
  • Mr. Eugene B. Meyer, President, The Federalist Society

 



SATURDAY, NOVEMBER 16

Showcase Panel III: Formalism and Deference in Administrative Law audio video
9:00 a.m. – 10:30 a.m.
Grand Ballroom

Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) is a landmark case that has changed the face of modern administrative law.  This panel will address the rightness and limitations of Chevron deference especially in the context of agency decisions on the scope of the agencies’ jurisdictional mandate.  Should the federal courts defer or should they not defer in this context?  Justices Scalia and Thomas recently differed on this issue from Chief Justice Roberts and Justices Kennedy and Alito.  Who is right on this issue and why?  Does the answer depend, in any measure, on the growth of the administrative state?  Are there larger issues of jurisprudential philosophy that are at stake?

  • Prof. Philip A. Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia University School of Law
  • Prof. Kristin Hickman, University of Minnesota Law School
  • Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
  • Prof. Jide O. Nzelibe, Northwestern University School of Law
  • Moderator: Hon. Jennifer W. Elrod, United States Court of Appeals, Fifth Circuit

Administrative Law: Executive Branch Gone Wild? 21st Century Checks and Balances audio video
10:45 a.m. – 12:15 p.m.

East Room

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Center for Business Law and Regulation, Case Western Reserve University School of Law
  • Prof. Rachel E. Barkow, Segal Family Professor of Regulatory Law and Policy, New York University School of Law
  • Hon. Patrick Morrisey, Attorney General, West Virginia
  • Prof. David Schoenbrod, Visiting Scholar, American Enterprise Institute and Trustee Professor, New York Law School
  • Prof. Jonathan Turley, J.B. and Maurice C. Shapiro Professor of Public Interest Law; Director of the Environmental Law Advocacy Center and Executive Director, Project for Older Prisoners, The George Washington University 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

Environmental Law: New Directions in Takings Law audio video
10:45 a.m. – 12:15 p.m.

Chinese Room

  • Mr. Paul J. Beard II, Principal Attorney, Pacific Legal Foundation
  • Prof. James L. Huffman, Dean Emeritus, Lewis & Clark Law School
  • Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
  • Prof. Stewart E. Sterk, H. Bert and Ruth Mack Professor of Real Estate Law, Cardozo School of Law
  • Moderator: Hon. Edith Brown Clement, United States Court of Appeals, Fifth Circuit

Professional Responsibility: Regulation of the Legal Profession in the 21st Century: Should Professional Regulation Favor Social Policy over Client Protection? audio video
10:45 a.m. – 12:15 p.m.

State Room

  • Mr. Scott Johnson, Co-Founder and Contributor, Power Line Blog
  • Mrs. Margaret A. Little, Partner, Little and Little and Director, Pro Bono Center, The Federalist Society
  • Prof. Thomas D. Morgan, Oppenheim Professor of Antitrust and Trade Regulation Law, The George Washington University Law School
  • Prof. Alan B. Morrison, Lerner Family Associate Dean for Public Interest/Public Service, The George Washington University Law School
  • Moderator: Hon. David R. Stras, Associate Justice, Minnesota Supreme Court

Sixth Annual Rosenkranz Debate and Luncheon audio video
RESOLVED: Courts are too Deferential to the Legislature

12:15 p.m. – 2:15 p.m.
Grand Ballroom

  • Prof. Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
  • Hon. J. Harvie Wilkinson, United States Court of Appeals, Fourth Circuit
  • Moderator: Hon. Jerry E. Smith, United States Court of Appeals, Fifth Circuit

Showcase Panel IV: Textualism and Statutory Interpretation audio video
2:15 p.m. – 4:00 p.m.
State Room

In recent years, textualism has come to replace legislative history as the most important tool available to Supreme Court justices when interpreting statutory text.  This panel will examine the new textualism and will debate its merits.  What are the arguments for and against textualism?  When, if ever, ought a judge to consider legislative history?  This panel will also address the question of whether the justices all share the same approach to statutory interpretation or whether they continue to diverge in predictable ways.  What effect does the choice of interpretive techniques have on congressional drafting of legislation in the future?

  • Prof. John F. Duffy, Samuel H. McCoy II Professor of Law and Armistead M. Dobie Professor of Law, University of Virginia School of Law
  • Hon. Frank H. Easterbrook, United States Court of Appeals, Seventh Circuit
  • Prof. William N. Eskridge, Jr., John A. Garver Prof. of Jurisprudence, Yale Law School
  • Prof. Abbe R. Gluck, Yale Law School
  • Prof. Victoria F. Nourse, Georgetown University Law Center
  • Moderator: Hon. William H. Pryor Jr., United States Court of Appeals, Eleventh Circuit

Closing Panel: The Electorate and the Courts audio video
4:00 p.m. – 5:00 p.m.
State Room

  • Hon. Paul D. Clement, Partner, Bancroft PLLC and former United States Solicitor General
  • Mr. John Fund, National Affairs Columnist, National Review and Fox News Analyst
  • Hon. Seth P. Waxman, Partner, WilmerHale and former United States Solicitor General
  • Moderator: Hon. David M. McIntosh, Partner, Mayer Brown and Vice Chairman, The Federalist Society

Media inquiries should go to Peter Robbio at probbio@crcpublicrelations.com.

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