The Federalist Society

2011 Annual Student Symposium - "Capitalism, Markets, and the Constitution"

University of Virginia School of Law

Start : Friday, February 25, 2011

End   : Saturday, February 26, 2011


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Location:
The University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903


2011 Student Symposium

America's economy, characterized by capitalism and the free market, has generally provided material prosperity for its citizens since the country was founded. In the last few years, however, that same economy has faced a financial crisis and recession worse than any other since the Great Depression. The federal government took an active role in responding to the downturn, favoring more intervention over less. The results included a bailout of major banks and automobile companies, an $800 billion stimulus package, an overhaul of financial regulations, and a comprehensive health care reform package.

These measures were hotly contested, and a vocal group of citizens responded by forming Tea Party groups across the country. Members of this movement placed a heavy emphasis on the ideas of the founders and the original meaning of the Constitution. Opposition to the federal government's economic approach, primarily led by the Tea Party movement, culminated in historic Republican gains in the 2010 midterm elections. Shortly after taking control, the new majority held a reading of the Constitution on the floor of the House of Representatives for the first time in history.

The battle over the government's role in economic regulation has not only been waged in the halls of Congress, but in the courts as well. In the past year a total of 28 states have filed joint or individual lawsuits challenging the constitutionality of the health care reform bill's individual mandate.

With the state of the economy at a historic low and the popularity of the Constitution at a historic high, now is an apt time to examine the topic of capitalism, markets and the Constitution. This symposium seeks to explore the following questions: What were the economic theories of the founders and how did they influence the Constitution? To what extent does the Constitution protect economic liberties, if at all? What effect does American federalism, embodied in the Constitution, have on the substance and style of government regulation? Is a welfare state consistent with American exceptionalism? What is the role of the courts in times of economic uncertainty? And lastly, what were the causes and consequences of the recent financial crisis?

The University of Virginia School of Law and its Federalist Society chapter are honored to host the 2011 Student Symposium. The setting is the perfect match for this symposium - a law school with a history of focusing on the intersection of law and the economy located just miles from the home of James Madison. We hope that each of you will approach our panels with an open mind and insightful questions and will discuss with each other what you learn over the course of the weekend. Anyone who has attended past Federalist Society symposia knows to expect the highest degree of respectful and cordial debate. Thank you for joining us in Charlottesville for what is sure to be an exciting and engaging event.

Symposium Committee
University of Virginia Federalist Society


Agenda:

FRIDAY, FEBRUARY 25, 2011
6:15 p.m.

Welcome and Opening Remarks    

  • Mr. Ben Massey, President, University of Virginia Federalist Society
  • Prof. Lillian Bevier, University of Virginia School of Law

6:30 p.m.
Debate: Economic Freedoms and the Constitution    

  • Prof. Randy Barnett, Georgetown University Law Center 
  • Prof. Jeffrey Rosen, The George Washington University Law School
  • Moderator: Judge Debra Ann Livingston, U.S. Court of Appeals, Second Circuit
  • Introduction: Mr. Devin DeBacker, Speakers and Panels Vice Chair, University of Virginia Federalist Society

8:00 p.m.
Panel I: Economic Theory, Civic Virtue and the Meaning of the Constitution    

  • Prof. James Ely, Vanderbilt University Law School
  • Prof. Renee Lettow Lerner, The George Washington University Law School
  • Prof. Nelson Lund, George Mason University School of Law
  • Prof. G. Edward White, University of Virginia School of Law
  • Moderator: Judge J. Harvie Wilkinson III, U.S. Court of Appeals, Fourth Circuit
  • Introduction: Mr. Brinton Lucas, Symposium Vice Chair, University of Virginia Federalist Society

SATURDAY, FEBRUARY 26, 2011
9:00 a.m.
Panel II: Federalism and Interstate Competition    

  • Prof. Jonathan Adler, Case Western Reserve University School of Law
  • Prof. Clayton Gillette, New York University School of Law
  • Prof. John McGinnis, Northwestern University School of Law
  • Prof. Louis Michael Seidman, Georgetown University Law Center
  • Moderator: Hon. Gregory G. Katsas, Partner, Jones Day
  • Introduction: Miss Lauren Prieb, Speakers and Panels Vice Chair, University of Virginia Federalist Society

11:00 a.m.
Speech: The U.S. Financial Crisis: Causes and Consequences    

  • Mr. John Allison, Former Chairman and CEO, BB&T Corporation
  • Introduction: Mr. Howard Husock, Manhattan Institute

2:00 p.m.
Panel III: The Welfare State and American Exceptionalism    

  • Prof. William P. Marshall, University of North Carolina School of Law
  • Prof. Jeremy Rabkin, George Mason University School of Law
  • Prof. Neomi Rao, George Mason University School of Law
  • Moderator: Judge Brett Kavanaugh, U.S. Court of Appeals, D.C. Circuit
  • Introduction: Mr. Matthew Glover, Speakers and Panels Vice Chair, University of Virginia Federalist Society

4:00 p.m.
Panel IV: Economic Uncertainty and the Role of the Courts    

  • Dean Paul G. Mahoney, University of Virginia School of Law
  • Prof. Paul Stephan, University of Virginia School of Law
  • Prof. Todd Zywicki, George Mason University School of Law
  • Moderator: Judge Diane Sykes, U.S. Court of Appeals, Seventh Circuit
  • Introduction: Mr. Joseph D'Agostino, Speakers and Panels Vice Chair, University of Virginia Federalist Society

7:00 p.m.
Banquet - (Audio and video from the banquet are not available.)

Bator Award Presentation

  • Prof. Brian Fitzpatrick, Vanderbilt University Law School
  • Introduction by: Mr. Joseph Bingham, University of Chicago Law School Federalist Society

Keynote Speaker

  • Justice Clarence Thomas, United States Supreme Court

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