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FACULTY DIVISION

19th Annual Faculty Conference

 
19th Annual Faculty Conference

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.

This panel was held on January 6, 2017 during the 19th Annual Faculty Conference in San Francisco, CA.

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

  • 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
  • Moderator: Hon. Michael W. McConnell, Stanford Law School

Parc 55 San Francisco - A Hilton Hotel
San Francisco, CA

19th Annual Faculty Conference

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?

This panel was held on January 5, 2017 during the 19th Annual Faculty Conference in San Francisco, CA.

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

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

Parc 55 San Francisco - A Hilton Hotel
San Francisco, CA

19th Annual Faculty Conference

This panel was held on January 5, 2017 during the 19th Annual Faculty Conference in San Francisco, CA.

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

  • 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
  • Moderator: Prof. Amy Coney Barrett, Notre Dame Law School

Parc 55 San Francisco - A Hilton Hotel
San Francisco, CA

19th Annual Faculty Conference

This debate will discuss the proper role of the criminal and civil jury in modern America and as understood at the Founding. It was held on January 5, 2017 during the 19th Annual Faculty Conference in San Francisco, CA.

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

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

Parc 55 San Francisco - A Hilton Hotel
San Francisco, CA

19th Annual Faculty Conference

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.

This panel was held on January 5, 2017 during the 19th Annual Faculty Conference in San Francisco, CA.

Welcome
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
8:45 am - 10:15 am
3rd Floor, Embarcadero Room

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

Parc 55 San Francisco - A Hilton Hotel
San Francisco, CA

Litigation, Intellectual Property, and Free Speech & Election Law Practice Groups Teleforum

Can the government police speech it thinks is offensive, even when members of the group the government seeks to protect disclaim any offense? Section 2(a) of the Lanham Act allows the government to deny trademark registration to "disparaging" speech. On Wednesday, January 18, the Supreme Court will hear oral argument in Lee v. Tam, a case challenging the constitutionality of this statute.

In Lee, an Asian-American rock band called “The Slants” was denied trademark registration after the Patent and Trademark Office found the trademark disparaging to Asians. A panel of the U.S. Court of Appeals for the Federal Circuit affirmed the decision. But the en banc Federal Circuit—without being asked—decided to vacate that decision and consider whether § 2(a) violates the First Amendment. The full Federal Circuit ultimately reversed the panel decision. The federal government then asked the Supreme Court to weigh in.

Is the Court likely to affirm the Federal Circuit decision striking down the disparagement clause as violative of the First Amendment? And what will be the implications if it does? Megan Brown and Dwayne Sam of Wiley Rein LLP attended the oral arguments and offered their impressions and predictions during this Courthouse Steps Teleforum conference call.

Featuring:

  • Ms. Megan L. Brown, Partner, Wiley Rein LLP
  • Mr. Dwayne D. Sam, Associate, Wiley Rein LLP