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.   

Once registered, please use the link on the PDF ticket (attached to your confirmation email) for hotel accommodations and reservations.

Thursday, January 4, 2018

Welcome
8:30 am
Marina Ballroom G, South Tower/Level 3

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

Panel: Reform Proposals for the Administrative State
8:45 am - 10:15 am
Marina Ballroom G, South Tower/Level 3

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

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.

7 Minute Presentations of Works in Progress Panel 1-A
10:30 am - 11:45 am
Marina Ballroom G, South Tower/Level 3

  • Moderator: Victoria Schwartz, Pepperdine University School of Law
  • 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”
    • Prashant Narang, University of Delhi: “The Supreme Court and Article 19(6) of the Indian Constitution--A Study of Judicial Behavior”

7 Minute Presentations of Works in Progress Panel 1-B
10:30 am - 11:45 am
Del Mar, South Tower/Level 3

  • Moderator: TBA
  • 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”
    • John Newman, University of Memphis School of Law: “The Myth of Free”
    • Saurabh Vishnubhakat, Texas A&M University School of Law: “Rethinking Patent Law’s Validity Power”

Luncheon Debate: Declaring War
12:00 pm - 2:00 pm
Marina Ballroom F, South Tower/Level 3

  • Moderator: TBA
  • John Harrison, University of Virginia School of Law
  • John Yoo, UC Berkeley School of Law

Young Legal Scholars Paper Presentations
2:15 pm - 4:15 pm
Marina Ballroom G, South Tower/Level 3

  • Moderator: TBA
  • 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

Panel: Third-Party Liability for Sexual Misconduct: Universities, Landlords, Employers, and Beyond
4:30 pm - 6:15 pm
Marina Ballroom G, South Tower/Level 3

  • Moderator: TBA
  • Panelists:
    • Ellen Bublick, University of Arizona College of Law
    • Eugene Volokh, UCLA School of Law

Reception (co-sponsored with the Institute for Humane Studies)
6:15 pm - 7:15 pm
Marina Ballroom F, South Tower/Level 3

Friday, January 5, 2018

Panel: Financial Crisis and Regulatory Frameworks
9:00 am - 10:45 am
Marina Ballroom G, South Tower/Level 3

  • Moderator: TBA
  • Panelists: 
    • Sean Griffith, Fordham University School of Law
    • Robert Miller, University of Iowa College of Law
    • More panelists TBA

7 Minute Presentations of Works in Progress Panel 2-A
11:00 am - 12:15 pm
Marina Ballroom G, South Tower/Level 3

  • Moderator: TBA
  • 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: “Money Movers and Consumer Dispute Resolution: ADR, ODR, and Hard Realities”

7 Minute Presentations of Works in Progress Panel 2-B
11:00 am - 12:15 pm
Del Mar, South Tower/Level 3

  • Moderator: George Mocsary, Southern Illinois University School of Law
  • 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”
    • 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)”

Fed Soc/NextGen: The Constitution and Campus Politics: A Conversation for Young or Nearly Young Law Professors
3:30 pm - 5:30 pm
Marina Ballroom G, South Tower/Level 3

  • Moderator: TBA
  • Panelists:
    • Sam Bray, UCLA
    • Stephen Sachs, Duke
    • More panelists TBA