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FACULTY DIVISION

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.

Amphitheater 204

  • 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
University of Texas at Austin
Austin, TX

Second Annual Texas Chapters Conference

Senator Ted Cruz (R-TX) gave the keynote address at our Second Annual Texas Chapters Conference. He discussed the life and legacy of Justice Antonin Scalia before turning his attention to Constitution Day and answering questions from attendees.

This address 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".

Address
11:00 a.m. - 11:45 a.m.
Amphitheater 204

  • Hon. Ted Cruz, U.S. Senator, Texas
  • Introduction: Mr. Arthur Gollwitzer III, Partner, Michael, Best & Friedrich LLP

AT&T Executive Education and Conference Center
University of Texas at Austin
Austin, TX

Second Annual Texas Chapters Conference

For over thirty years, the seminal Supreme Court decision in Chevron v. NRDC has provided the principles used to determine the extent to which a court reviewing agency action should defer to the agency’s interpretation of its own rules as well as fill in “blanks” in the text. For much of his career on the Supreme Court, Justice Scalia (and the Court) deferred to this decision. However, late in his tenure, Justice Scalia had begun to reconsider Chevron deference. For the Chevron example, in his opinions in King v. Burwell andUtility Air Regulatory Group v. EPA, Justice Scalia criticized agencies’ assertions of unprecedented power. This panel will explore how judicial deference to agency decision-making has evolved since and whether it is time to revisit the doctrine of “Chevron deference.”  How might Justice Scalia have come down on US v. Texas, net neutrality, or the EPA’s “Clean Power Plan”? Might his views have continued to evolve if he had remained on the Court? And what is the future of Chevron deference with the Roberts Court? Is a new balance between courts and agencies needed?

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".

Welcome 
9:00 - 9:15 a.m.

Amphitheater 204

  • Hon. Ken Paxton, Texas Attorney General
  • Introduction: Mr. Prerak Shah, Senior Counsel to the Attorney General

Panel One: Justice Scalia and the Evolution of Chevron Deference 
9:15 a.m. - 10:45 a.m.

Amphitheater 204

  • Prof. Aditya Bamzai, Associate Professor of Law, University of Virginia School of Law
  • Prof. Ron Beal, Baylor University Law School
  • Hon. Charles J. Cooper, Partner, Cooper & Kirk, PLLC and former Assistant U.S. Attorney General for the Office of Legal Counsel
  • Prof. Aaron Nielson, Brigham Young University Law School
  • Moderator: Hon. Edith Jones, U.S. Court of Appeals, Fifth Circuit
  • Introduction: Ms. Karen Lugo, Director, Center for Tenth Amendment Action, Texas Public Policy Foundation

AT&T Executive Education and Conference Center
University of Texas at Austin
Austin, TX

University of California - Berkeley Student Chapter

On September 12, 2016, the Federalist Society at Berkeley Law hosted Heather Mac Donald and a panel of law enforcement professionals for a discussion on officer safety and community policing. The panelists reflected on their personal experiences in law enforcement and weighed in on the current crisis in police-community relations. 

Featuring: 

  • Kenton Rainey, Chief, BART Police Department
  • Scott Erickson, Founder, Americans in Support of Law Enforcement
  • Daryl Jackson, District Attorney Inspector
  • Harry Stern, Managing Principal, Rains Lucia Stern, PC
  • Heather Mac Donald, Author, "The War on Cops"
  • Moderator: Kevin Walker, Berkeley Law 

Boalt Hall, Berkeley Law 
Berkeley, CA

Administrative Law & Regulation Practice Group Podcast

Stolen Sovereignty: How to Stop Unelected Judges from Transforming America, by Daniel Horowitz, discusses the possible political repercussions of President Obama’s judicial appointments. President Obama has filled roughly 30% of the federal judicial seats in his tenure as President. In this Teleforum, Daniel Horowitz will discuss his book and how he believes the will of the people is being usurped by activist judges.

Featuring:

  • Daniel Horowitz, Author, Stolen Sovereignty: How to Stop Unelected Judges from Transforming America
  • Moderator: Hon. Eileen J. O'Connor, Founder, Law Office of Eileen J. O'Connor, PLLC