On November 14, 2015, during the Federalist Society's 2015 National Lawyers Convention in Washington, DC, Professor Nicholas Quinn Rosenkranz of the Georgetown University Law Center interviewed USA Today Columnist, Daily Beast Columnist, and FOX News Contributor Ms. Kirsten Powers.
Interview with Kirsten Powers
12:30 p.m. – 2:15 p.m. Grand Ballroom
Ms. Kirsten Powers, USA Today Columnist, Daily Beast Columnist, and FOX News Contributor
Interviewed by: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center and Federalist Society Board of Directors
The Mayflower Hotel
Note: There were technical issues with Prof. Rosenkranz's microphone at the beginning of the video during his introduction, but the issues were resolved by the time the interview begins.
As ISIS, al Qaeda and its offshoots, and other groups spread terror across the globe, it is vital to establish a strong framework for the international law and policy of counterterrorism. This includes understandings and cooperation on surveillance, detention, counterterrorism finance, and the law of espionage. These subjects will be addressed by panelists with both real world and academic experience.
This panel was presented by the American Branch of International Law Association, the International Law Students Association, and the Federalist Society's International & National Security Law Practice Group at the 2015 International Law Weekend at Fordham University School of Law on November 6, 2015.
Prof. Jamil N. Jaffer, Adjunct Professor of Law and Director, Homeland & National Security Law Program at George Mason University School of Law, former Chief Counsel & Senior Advisor at the Senate Foreign Relations Committee, and former Associate Counsel to President George W. Bush
Mr. Matthew Heiman, Vice President, Chief Compliance and Audit Officer, Tyco International; former Attorney Advisor, U.S. Department of Justice National Security Division; former Legal Advisor, Coalition Provisional Authority, Ministry of Justice, Iraq
Mr. Adam R. Pearlman, Associate Deputy General Counsel, U.S. Department of Defense (appearing in his personal capacity and not as a representative of the Department of Defense); Co-Editor of The American Bar Association's publication The U.S. Intelligence Community Law Sourcebook
Prof. Peter Margulies, Professor of Law, Roger Williams Law School
Moderator: Mr. Vincent Vitkowsky, Partner, Seiger Gfeller & Laurie LLP, member of the Executive Committee of ABILA, and Chairman of the Federalist Society's International & National Security Law Practice Group
The Eighth Annual Rosenkranz Debate was held on November 14, 2015, during The Federalist Society's 2015 National Lawyers Convention. RESOLVED: The Constitution is designed for a moral and religious people and it's wholly unsuited for the government of any other.
Many attorneys see a judgeship as the pinnacle of professional achievement in the legal world. It could be the visibility of judges, their unquestioned decision-making authority, the absence of clients, life tenure, or some other aspect of being a judge. Our panel of judges will discuss the realities of a career on the bench. The panelists will share their thoughts on topics as diverse as the role of the judiciary, judicial philosophy, stare decisis and precedent, opinions and dissents, the judicial appointment process, the state of the legal profession, and much more.
This panel was presented at the 2015 National Lawyers Convention on Saturday, November 14, 2015, at the Mayflower Hotel in Washington, DC.
Special Session: Life on the Bench
2:30 p.m. – 4:00 p.m. State Room
Hon. Brett Kavanaugh, U.S. Court of Appeals, D.C. Circuit
Hon. Alex Kozinski, U.S. Court of Appeals, Ninth Circuit
Hon. Diarmuid F. O'Scannlain, U.S. Court of Appeals, Ninth Circuit
Hon. Jerry Smith, U.S. Court of Appeals, Fifth Circuit
Hon. David Stras, Associate Justice, Supreme Court of Minnesota
Moderator: Hon. David B. Sentelle, U.S. Court of Appeals, D.C. Circuit
Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society
The Supreme Court has instructed in clear terms that the duty of the Federal prosecutor in a criminal prosecution "is not that it shall win a case, but that justice shall be done." Berger v. United States, 295 U.S. 78, 88 (1935). Yet the news pages are filled with examples of Federal prosecutorial overreach. In its term just ended, the Supreme Court reversed six of seven criminal convictions that reached it, several all involving some form of over criminalization that can lead to prosecutorial overreach. And large categories of prosecutorial overreach never reach the Supreme Court, from dozens of convictions of "insider trading" by non-insiders (now found not to be a crime by the Second Circuit); to civil forfeitures of property of legitimate small businesses never charged with a crime; to multi-billion dollar settlements of the thinnest of charges with large banks, pharmaceutical companies, and individuals that cannot take any risk of a criminal conviction; to what one jurist has described as an “epidemic of Brady violations abroad in the land."
The panel will explore whether prosecutorial overreach has become epidemic. It will also explore potential remedies ranging from reducing the number of crimes, to sentencing reform, plea bargain reform, civil forfeiture reform, and more. Finally, it will ask who should take action to control prosecutorial overreach? Should it be the state bars? Should the courts be more aggressive? Or, is the task primarily one for Congress? If so, what are the most promising avenues of reform?
Professional Responsibility: Prosecutors Run Amok?
11:00 a.m. – 12:30 p.m. Chinese Room
Hon. Alex Kozinski, U.S. Court of Appeals, Ninth Circuit
Mr. John G. Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies, and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, The Heritage Foundation
Hon. George J. Terwilliger III, Partner, McGuireWoods LLP
Ms. Darpana M. Sheth, Constitutional Litigator, Institute for Justice
Moderator: Hon. Keith R. Blackwell, Associate Justice, Supreme Court of Georgia
Introduction: Mr. John J. Park, Jr., Of Counsel, Strickland Brockington Lewis LLP