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The 20th Annual Federalist Society Faculty Conference

January 4 — 5, 2018
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The 20th Annual Federalist Society Faculty Conference will take place on January 4-5, 2018 at the Marriott Marquis San Diego Marina, the lead hotel for the AALS Annual Meeting. The conference will again take place as part of the official AALS Annual Meeting, and our events and speakers will be cross-listed in the AALS Annual Meeting Program.

The conference will feature panels on administrative regulation, the financial crisis and regulatory frameworks, and third-party liability for sexual misconduct. The winners of our Young Legal Scholars Paper Competition will present their papers, and various other attendees will invite feedback on works they have in progress. Our annual luncheon debate will address the declaring of war under the Constitution.

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8:00 a.m. - 8:30 a.m.
Continental Breakfast

20th Annual Federalist Society Faculty Conference

Marriott Marquis San Diego Marina - Marina Ballroom G, South Tower/Level 3
333 W Harbor Drive
San Diego, CA 92101

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8:30 a.m. - 8:45 a.m.
Welcome

20th Annual Federalist Society Faculty Conference

Marriott Marquis San Diego Marina - Marina Ballroom G, South Tower/Level 3
333 W Harbor Drive
San Diego, CA 92101

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Description

  • Hon. Lee Liberman Otis, The Federalist Society
  • AALS Incoming President Wendy Perdue, Dean, University of Richmond School of Law

Speakers

8:45 a.m. - 10:15 a.m.
Reform Proposals for the Administrative State

20th Annual Federalist Society Faculty Conference

Topics: Administrative Law & Regulation
Marriott Marquis San Diego Marina - Marina Ballroom G, South Tower/Level 3
333 W Harbor Drive
San Diego, CA 92101

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Event Video

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Description

The panel will discuss what reforms Congress should or should not make to the administrative state. Topics will include the REINS Act, the position of independent agencies, and rules of deference to the administrative state, including Chevron and Auer.

Panelists:

  • Jack Beermann, Boston University School of Law
  • Kathryn Kovacs, Rutgers Law School
  • Michael Rappaport, University of San Diego School of Law
  • Christopher Walker, Ohio State University College of Law
  • Moderator: Emily Bremer, University of Wyoming School of Law

Speakers

10:30 a.m. - 11:45 a.m.
7 Minute Presentations of Works in Progress Panel 1-B

20th Annual Federalist Society Faculty Conference

Marriott Marquis San Diego Marina - Del Mar, South Tower/Level 3
333 W Harbor Drive
San Diego, CA 92101

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Description

Presenters:

  • Eric Alden, Northern Kentucky University Chase College of Law: “Reversing the Reliance Revolution in Contract”
  • Ellen Black, Belmont University College of Law: “A Different Solution to the Obesity Problem -- The Free Market”
  • Johnny Rex Buckles, University of Houston Law School: "Unashamed of the Gospel of Jesus Christ: On Public Policy and Public Service of Evangelicals"
  • Michael Lavender, University of Southern Mississippi: “Right to Counsel and Hate Groups”
  • George Mocsary, Southern Illinois University School of Law: “Insider Trading, Demonization of the Financial Sector, and Judicial Complacency”
  • Saurabh Vishnubhakat, Texas A&M University School of Law: “Rethinking Patent Law’s Validity Power”
  • Moderator: Andrea Boyack, Washburn University School of Law

Speakers

10:30 a.m. - 11:45 a.m.
7 Minute Presentations of Works in Progress Panel 1-A

20th Annual Federalist Society Faculty Conference

Marriott Marquis San Diego Marina - Marina Ballroom G, South Tower/Level 3
333 W Harbor Drive
San Diego, CA 92101

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Description

Presenters:

  • Brad Areheart, University of Tennessee College of Law: “The Headwinds and Tailwinds of Workplace Equality”
  • Greg Dolin, University of Baltimore School of Law: "Is the PTAB Unconstitutional?"
  • Scott Gerber, Ohio Northern University College of Law: “Law and Quakerism in Colonial Pennsylvania”
  • Andy Grewal, University of Iowa College of Law: “Some Reservations About Treasury’s Reserved Powers”
  • Brad Shannon, Florida Coastal School of Law: “Reconciling Subject-Matter Jurisdiction”
  • Lee Strang, University of Toledo College of Law: “The Deference Conception of Constitutional Construction”
  • Moderator: Victoria Schwartz, Pepperdine University School of Law

Speakers

12:00 p.m. - 2:00 p.m.
Declaring War

20th Annual Federalist Society Faculty Conference

Topics: International Law & Trade • International & National Security Law
Marriott Marquis San Diego Marina - Marina Ballroom F, South Tower/Level 3
333 W Harbor Drive
San Diego, CA 92101

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Event Video

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Description

This debate will discuss when congressional authorization is required for the use of military force, and whether that authorization must be both specific to a conflict and explicit.

  • John Harrison, University of Virginia School of Law
  • John Yoo, UC Berkeley School of Law
  • Moderator: Jide Nzelibe, Northwestern University Pritzker School of Law

Speakers

2:15 p.m. - 4:15 p.m.
Young Legal Scholars Paper Presentations

20th Annual Federalist Society Faculty Conference

Topics: Administrative Law & Regulation • Federalism • First Amendment • International Law & Trade
Marriott Marquis San Diego Marina - Marina Ballroom G, South Tower/Level 3
333 W Harbor Drive
San Diego, CA 92101

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Event Video

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Description

The winners of our Young Legal Scholars Paper Competition will present their papers, and various other attendees will invite feedback on works they have in progress.

  • Jud Campbell, University of Richmond School of Law: “The Invention of First Amendment Federalism”
  • Jonathan Mitchell, Stanford Law School: “The Writ-of-Erasure Fallacy”
  • Lochlan Shelfer, Gibson Dunn: “Intergovernmental Federalism Disputes”
  • Megan Stevenson, George Mason University Antonin Scalia Law School: “Assessing Risk Assessment”
  • Lael Weinberger, University of Chicago JD/PhD candidate: “Rebellion against International Law: Law, Ideology, and the Bricker Amendment”
  • Commenter: Richard Epstein, NYU School of Law, University of Chicago Law School
  • Moderator: Josh Teitelbaum, Georgetown University Law Center

Speakers

4:30 p.m. - 6:15 p.m.
Third-Party Liability for Sexual Misconduct: Universities, Landlords, Employers, and Beyond

20th Annual Federalist Society Faculty Conference

Topics: Civil Rights
Marriott Marquis San Diego Marina
333 W Harbor Drive
San Diego, CA 92101

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Event Video

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Description

This panel will discuss the operation and effects of rules assigning third party liability for sexual misconduct to universities or other organizations, whether the rules come from tort law or regulation.

Panelists:

  • Ellen Bublick, University of Arizona College of Law
  • Gail Heriot, University of San Diego School of Law
  • Eugene Volokh, UCLA School of Law
  • Moderator: Brad Areheart, University of Tennessee College of Law

Speakers

6:15 p.m. - 7:15 p.m.
Reception

20th Annual Federalist Society Faculty Conference

Marriott Marquis San Diego Marina - Marina Ballroom F, South Tower/Level 3
333 W Harbor Drive
San Diego, CA 92101

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Description

Co-sponsored with the Institute for Humane Studies

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8:30 a.m. - 9:00 a.m.
Breakfast

20th Annual Federalist Society Faculty Conference

Marriott Marquis San Diego Marina
333 W Harbor Drive
San Diego, CA 92101

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9:00 a.m. - 10:45 a.m.
Financial Crisis and Regulatory Frameworks

20th Annual Federalist Society Faculty Conference

Topics: Administrative Law & Regulation • Financial Services
Marriott Marquis San Diego Marina
333 W Harbor Drive
San Diego, CA 92101

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Event Video

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Description

With January 2018 marking roughly a decade after the start of the most recent financial crisis, this panel will assess the corresponding legal and regulatory responses to the crisis.

Panelists: 

  • Hilary Allen, Suffolk University Law School
  • David Zaring, The Wharton School of the University of Pennsylvania
  • Todd Zywicki, George Mason University Antonin Scalia Law School
  • Moderator: Robert Ahdieh, Emory Law School

Speakers

11:00 a.m. - 12:15 p.m.
7 Minute Presentations of Works in Progress Panel 2-B

20th Annual Federalist Society Faculty Conference

Topics: Corporations, Securities & Antitrust • Federalism • Intellectual Property
Marriott Marquis San Diego Marina
333 W Harbor Drive
San Diego, CA 92101

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Description

Presenters:

  • Carissa Hessick, University of North Carolina School of Law: “The Myth of Common Law Crimes”
  • Ryan Holte, University of Akron School of Law: “Waiver of Enhanced Damages by Patentees: A Proposal to Increase Patent Review and Commercialization”
  • Marah McLeod, Notre Dame Law School: “Taking Incapacitation Seriously”
  • Tuan Samahon, Villanova University School of Law: “The Excessive Fines Clause, the Selective Incorporation Project, and the States’ Unfinished Business”
  • Victoria Schwartz, Pepperdine University School of Law: "The Celebrity Stock Market"
  • Erin Sheley, University of Calgary Law School: “Victim Impact Statements at Corporate Sentencing”
  • Christopher Wolfe, University of Dallas: “Corporate Personhood in the Taney and Chase Era Courts (1836-1873)”
  • Moderator: George Mocsary, Southern Illinois University School of Law

Speakers

11:00 a.m. - 12:15 p.m.
7 Minute Presentations of Works in Progress Panel 2-A

20th Annual Federalist Society Faculty Conference

Topics: Administrative Law & Regulation • Election Law • Federal Courts • Federalism • Fourteenth Amendment • International Law & Trade • State Courts • Supreme Court
Marriott Marquis San Diego Marina
333 W Harbor Drive
San Diego, CA 92101

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Description

Presenters:

  • Jeff Addicott, St. Mary's University School of Law: “There is a New Sheriff in Town -- Combating Islamic Terrorism in the Trump Administration”
  • Josh Blackman, South Texas College of Law Houston: “Judicial Universality”
  • Gus Hurwitz, University of Nebraska College of Law: “Silencing Peter Does not Quiet Paul: Constitutional Infirmities in the TCPA’s Ineffective Quest to Silence Telemarketers”
  • Stephen Sachs, Duke University Law School: “Finding Law”
  • Ilya Somin, George Mason University Antonin Scalia Law School: “Foot Voting, Decentralization, and Development”
  • David Upham, University of Dallas: “Taking American Citizenship Seriously and the Recovery of the Fourteenth Amendment”
  • Stephen Ware, University of Kansas School of Law: “Private Ordering and Commercial Arbitration: Lasting Lessons from Mentschikoff"
  • Moderator: Tessa Dysart, University of Arizona, James E. Rogers College of Law

Speakers

3:30 p.m. - 5:30 p.m.
The Constitution and Campus Politics: A Conversation for Young and Nearly Young Law Professors

20th Annual Federalist Society Faculty Conference

Topics: Constitution • Education Policy
Marriott Marquis San Diego Marina
333 W Harbor Drive
San Diego, CA 92101

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Description

This roundtable offers an opportunity for young and nearly young law professors to discuss current campus disputes, as well as explore the relevance of the U.S. Constitution and constitutional values to campus politics.

Panelists:

  • Irina Manta, Maurice A. Deane School of Law at Hofstra University
  • Christina Mulligan, Brooklyn Law School
  • Stephen Sachs, Duke University School of Law
  • Moderator: Sam Bray, UCLA School of Law

Speakers

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