Federalist Society Event Audio

The Federalist Society's 2012 National Lawyers Convention kicked off on the morning of Thursday, November 15, with a welcome by Executive Vice President Leonard A. Leo and Showcase Panel I: Federalism and Federal Power. -- The Rehnquist Court was famous for its resuscitation of some fairly modest constitutional limits on federal power. One major question with the appointment of new Justices was where the Court was likely to go. In the recent oral arguments on the constitutionality of the law imposing a national health care mandate, the Roberts Court Justices seemed very closely divided. This panel will examine the Supreme Court's federalism jurisprudence in light of what was a close vote on the health care law. This case has reinvigorated the debate over the limits on federal power. Are there significant limits, or are they are a function of a bygone past? If the limits do not apply in economic areas, are they then suspect in other areas of morality where the courts have overturned major legislative decisions? Are such limits just a political function of who benefits? Likewise, is federalism only used by those who stand to benefit? How sustainable in practice are judicially-enforced limits on federal power? -- Welcome: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society -- Showcase Panel I Featuring: Prof. Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center; Hon. Paul D. Clement, Partner, Bancroft PLLC and former U.S. Solicitor General; Hon. Frank H. Easterbrook, Chief Judge, U.S. Court of Appeals, Seventh Circuit; Prof. Heather Gerken, J. Skelly Wright Professor of Law, Yale Law School; Prof. Neal K. Katyal, Paul and Patricia Saunders Professor of National Security Law, Director, Center on National Security and the Law, Georgetown University Law Center and former Acting U.S. Solicitor General; Prof. Robert G. Natelson, Senior Fellow, Constitutional Jurisprudence Independence Institute; and Moderator: Hon. Diane S. Sykes, U.S. Court of Appeals, Seventh Circuit.

Five years ago, in Ledbetter v. Goodyear Tire Corporation, the U.S. Supreme Court said paychecks received by an employee after an alleged discriminatory action did not extend a statute of limitations, because they did not constitute renewed acts of discrimination. After the decision, with extensive coverage by the media, Congress amended the underlying statute – the Civil Rights Act – to provide that the 180-day statute of limitations resets with each paycheck and twice attempted to pass the Paycheck Fairness Act. Since then, gender issues have taken an increasingly important role in discussions of law, policy, and electoral politics, garnering a great deal of media attention and public discussion. What are the true implications of the Ledbettercase and the government’s actions? Have they been used, perhaps opportunistically or disingenuously, by either side in this debate? Have gender issues in general been misused in the same way? -- Featuring: Ms. Jennifer Braceras, Columnist and former Commissioner, United States Commission on Civil Rights; Ms. Fatima Goss Graves, Vice President for Education and Employment, National Women’s Law Center; Ms. Marcia Greenberger, Co-President, National Women’s Law Center; Ms. Sabrina Schaeffer, Executive Director, Independent Women’s Forum; and moderated by Mr. Curt Levey, President, Committee for Justice.

On September 11, 2012, the Miami Lawyers Chapter hosted a debate on "35 Years of Retention Elections of Appellate Court Judges in Florida: Has the System Measured Up?" Featuring: Prof. Brian Fitzpatrick, Vanderbilt University School of Law; Mr. Scott G. Hawkins, President of The Florida Bar, 2011-2012; and moderated by Dean R. Alexander Acosta, Florida International University College of Law. Introduction by Mr. Jefferson P. Knight, The Knight Law Firm and President, Miami Lawyers Chapter .

In the past few years, various states, citing voter fraud and other concerns, have passed legislation that, among other things, require some form of approved identification to vote. The provisions of these statutes and their identification requirements vary. Critics argue, however, that they are unified at least to the extent that they will disproportionately disenfranchise minorities, elderly and poor people, asserting that they are less likely to have the required ID and least likely to obtain the required form of ID with ease. Furthermore, critics assert that there is no form of significant voter fraud that ID requirements would address. Our experts debated the merits of the statutes and the arguments about voter fraud. Featuring: Mr. John Fund, National Affairs Columnist, National Review; Ms. Elizabeth B. Wydra, Chief Counsel, Constitutional Accountability Center; and Mr. John Samples, Director, Center for Representative Government, The Cato Institute, as the moderator.

October 1st marks the first day of the 2012 Supreme Court Term. Thus far the Court's docket includes major cases about affirmative action, international law and the alien tort statute, national security, criminal law, and others. Notable cases include Fisher v. University of Texas at Austin, concerning a public university's use of race in undergraduate admissions decisions and the Equal Protection Clause; Kiobel v. Royal Dutch Petroleum, about the application of the Alien Tort Statute to human rights abuses abroad, and whether the statute covers corporations; Clapper v. Amnesty International USA, regarding the right to challenge the constitutionality of a global terrorism wiretapping program; Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, concerning the proof that investors need to pursue a securities fraud claim by class-action lawsuit; and Florida v. Harris and Florida v. Jardines, about police use of a drug-sniffing dog to search the exterior of a private residence under the Fourth Amendment, and whether a dog’s "alert" constitutes probable cause for search of a private vehicle. The Court is also likely to add other significant cases, including potentially a case filed by proponents of California’s "Proposition 8" challenge, which now has a certiorari petition pending. In addition to these cases and others, the panelists discussed the current composition and the future of the Court, a particularly timely topic in light of the upcoming presidential election. -- Featuring: Mr. Tom Goldstein, Founding Partner, Goldstein & Russell P.C.; Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center; Ms. Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network; Mr. Stuart Taylor, Contributing Editor, National Journal; Hon. Kenneth L. Wainstein, Partner, Cadwalader, Wickersham & Taft; and Mr. Pete Williams, NBC News Justice Correspondent, as the moderator. Introduction by Hon. Douglas R. Cox, Gibson Dunn & Crutcher LLP.

On September 12, 2012, the Federalist Society, celebrated the 225th Anniversary of the Constitution with with special guest Supreme Court Justice Clarence Thomas and Yale Law Professor Akhil Amar as they explored the past, present, and future of the nation's founding document. Featuring: Prof. Akhil Reed Amar, Yale Law School; Hon. Clarence Thomas, United States Supreme Court; and Introduction by Hon. David S. Ferriero, Archivist of the United States.

On July 6, 2012, former U.S. Solicitor General Theodore Olson delivered the Annual Supreme Court Round Up at The Mayflower Hotel in Washington, DC.

Being in Silicon Valley, Stanford is known for its strong focus on intellectual property law and technology more broadly. This panel seeks to ask: what is the relationship between technology and the administrative state? Does technological progress require regulatory guidance? This panel will also consider to what degree development in technology in recent years has been slower than anticipated and whether the administrative state has been an asset or a hindrance to the effective utilization of technology. Featuring Prof. Richard Epstein of New York University School of Law; Prof. Anthony Falzone of the Stanford Center for Internet and Society; Prof. Mark Lemley of Stanford Law School; Mr. Peter Thiel of Clarium Capital; The Honorable Ted Ullyot of Facebook; and Dean Larry Kramer of Stanford Law School as the moderator.

The rule of law, whatever that term describes, is one of the central concepts in Anglo-American jurisprudence. Does the administrative state, either in its operation or in the legal moves necessary for its validation, undermine or support the rule of law? Does modern governmental administration, and modern conditions of life, require some redefinition of the rule of law? Is there a relationship between the rule of law and the separation of powers, and if so, how does the administrative state affect that relationship? This panel, in short, will explore how the administrative state relates to fundamental jurisprudential principles. Featuring Prof. David Barron of Harvard Law School, Prof. Richard Epstein of New York University School of Law, Judge Brett Kavanaugh of the U.S. Court of Appeals for the DC Circuit, Prof. Peter Shane of The Ohio State University Law School, and Judge Carlos Bea of the U.S. Court of Appeals for the Ninth Circuit as the moderator. Introductory remarks by Dean Larry Kramer of Stanford Law School with introductions by Mr. Ilan Wurman and Mr. Michael Reynolds, Co-Chairs of the 2012 Annual Student Symposium.

On March 29, 2012, the Indianapolis Lawyers Chapter of the Federalist Society hosted an event featuring Prof. John O. McGinnis of Northwestern University School of Law. The topic of the address was "The Case Against Public Sector Unions". Introduction by Mr. Brian J. Paul of Ice Miller LLP and President of the Indianapolis Lawyers Chapter.

On May 10, 2012, the Indianapolis Lawyers Chapter of the Federalist Society hosted an event featuring Prof. Michael W. Lewis of Ohio Northern University Pettit College of Law. The topic of the address was "Targeting US Citizens with Drones, Is Anywhere Safe?" Introduction by Mr. Brian J. Paul of Ice Miller LLP and President of the Indianapolis Lawyers Chapter.

The Michigan Lawyers Chapter hosted this panel on March 1, 2012, at Wayne State University Law School in Detroit, Michigan. Featuring Michigan State Representative Vicki Barnett, Mr. Stanley Greer of the National Right to Work Committee, Michigan State Representative Mike Shirkey, Prof. Roland Zullo of the Institute for Research on Labor, Employment, and the Economy at the University of Michigan, and Mr. Dennis Devaney, Former Member of the National Labor Relations Board, as the moderator. Introduction by Mr. Eric J. Pelton of Kienbaum Opperwall Hardy & Pelton, PLC.

The Iowa Lawyers Chapter hosted this event on April 17, 2012. Gregory Katsas is the co-lead counsel for the private parties challenging President Obama's healthcare law, the Affordable Care Act, and argued in the Supreme Court on behalf of all respondents on the jurisdictional issue of whether the challenge is barred by the Anti-Injunction Act. Following the historic three days of oral arguments in the Supreme Court, Mr. Katsas presented his insider perspective on the oral arguments and the many legal issues involved. Introduction by Mr. Samual P. Langholz, State Public Defender of Iowa and President of the Iowa Lawyers Chapter.

Senator Mike Lee of Utah delivered the Keynote Address at the Federalist Society's 2012 Annual Student Symposium at Stanford Law School on March 3, 2012. He was introduced by Ms. Barbara Smith, President of the Stanford Student Chapter.

The Paul M. Bator Award was established in 1989 in memory of Professor Paul M. Bator, a renowned scholar and teacher of federal courts and constitutional law. Professor Bator taught at Harvard Law School from 1959 to 1982 and from 1983 to 1985, and at the University of Chicago from 1985 until his untimely death in 1989. He also served as Principal Deputy Solicitor General in 1982 and 1983. The award is given annually to a young academic (under 40) who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact. Prof. Eugene Kontorovich received this award during the Federalist Society's Annual Student Symposium on March 3, 2012 at Stanford Law School. The award was presented by Mr. Denny Ng of the University of Chicago Student Chapter.