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Home , Amy Wax, Ave Maria School of Law, Carlos Bea, Consuelo Callahan, Deanell Reece Tacha, Duane Benton

tudent Chapter Programs S

2007

“The Courts must declare the sense of ; and if they should be disposed to exercise

ANNUAL REPORT REPORT ANNUAL will instead of JUDGMENT,

the consequences would be the substitution of their pleasure for that of the legislative body.” The 78

Federalist Society Federalist 1 Staff President Founding Directors Eugene B. Meyer Hon. E. Steven G. Calabresi Executive Vice President Senior Vice President & Faculty Division Director Finance Director Hon. David M. McIntosh Leonard A. Leo Lee Liberman Otis Douglas C. Ubben Lee Liberman Otis Division Faculty Division Student Division Directors/Offi cers Dean A. Reuter, Practice Groups Director Erin Sheley, Deputy Director Peter Redpath, Director Lisa Budzynski, Lawyers Chapters Director Marisa Maleck, Assistant Director Elizabeth LeRoy, Associate Director Steven G. Calabresi, Chairman Mia Reynolds, State Courts Project Director Kate Beer, Assistant Director Hon. David M. McIntosh, Vice Chairman Juli A. Nix, Deputy Director, Practice Groups Development Gary S. Lawson, Secretary Alyssa Luttjohann, Deputy Director, Patty Price, Director IT Director Brent O. Hatch, Treasurer International Affairs Cynthia Searcy, Associate Director C. David Smith Eugene B. Meyer, President David C.F. Ray, Associate Director Ellen Fuller, Assistant Director • • • John Paul Fox, Assistant Director Publications Director Hon. T. Kenneth Cribb Jr., Counselor Alicia Luschei, Assistant Director Offi ce Management Peter Aigner Alexander Reynolds, Assistant Director Rhonda Moaland, Offi ce Manager Board of Visitors Matthew Nix, Assistant Offi ce Manager Membership Director Terry J. Archambeault Hon. Robert H. Bork, Co-Chairman Hon. Orrin G. Hatch, Co-Chairman James P. Kelly III, Director, International Affairs Lillian BeVier Margaret Little, Director, Pro Bono Project Hon. Lois Haight Herrington Hon. Donald Paul Hodel Hon. Frank Keating Harvey C. Koch Robert A. Levy Table of Contents Hon. III From the President ...... Page 3 Hon. Student Chapter Programs ...... Page 4 Hon. Theodore B. Olson Lawyers Chapter Programs ...... Page 7 Andrew J. Redleaf National Conferences ...... Page 10 Hon. Wm. Bradford Reynolds Practice Groups ...... Page 16 Nicholas Quinn Rosenkranz State Courts Project ...... Page 21 International Affairs ...... Page 23 Special Projects ...... Page 25 Society National Press ...... Page 26 1015 18th Street, N.W., Suite 425 Publications ...... Page 27 Washington, D.C. 20036 Benefactors ...... Page 29 (202) 822-8138 Chapters ...... Page 34 [email protected] Audited Financial Statements ...... Page 36 www.fed-soc.org The

aw schools and the legal profession are currently strongly dominated by a form of Lorthodox liberal which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on , traditional values, and the . It also requires restoring the recognition of the importance of these norms among lawyers, judges, law students and professors. In working to achieve these goals, the Society has created a conservative intellectual network that extends to all levels of the legal community. “The Federalist Society’s educational programs encourage discussion about the Constitution and the law and refl ect a commitment to vigorous and open debate.” Chief Justice of the U.S. Supreme Court, from the Federalist Society’s 25th Anniversary Tribute video.

“The Federalist Society does not take policy positions, as the ABA does. “The Federalist Society tudent Chapter Programs It does not litigate or lobby unlike the ACLU, and its leaders and staff represents, without a doubt,

S distance the organization from the individual achievements (or failures) the most vigorous, durable, of its members. They measure success, they say, by the vitality of the society’s and well-ordered organization ideas in public discourse. It is a debate club, they say—perhaps, the debate club.” to emerge from this rethinking Legal Times, November 19, 2007 of modern conservatism’s political strategy.”

2007 “I NEVER IMAGINED THAT THERE WOULD BE A Steven Teles The Rise of the Conservative Legal Movement CHAPTER AT EVERY MAJOR LAW SCHOOL IN AMERICA. WE THOUGHT WE HAD PLANTED A WILDFLOWER IN THE WEEDS OF ACADEMIC . “The founding of the Federalist Society is one INSTEAD, ITWASANOAK.” of the most important developments, perhaps

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U.S. SUPREME COURT JUSTICE the most important development, in law in IN REMARKS AT THE FEDERALIST SOCIETY’S the last 25 years.” 25TH ANNIVERSARY GALA, NOVEMBER 15, 2007. Judge Robert H. Bork

“The organization fl exes its muscle not through lobbying or endorsing judicial nominees, but through something even more potent: standing for principles and defending them in open and robust debate…At a time when so much of what passes for public discourse is poisonous and extreme, the Federalist Society’s commitment to fostering dialogue and intellectual diversity is a priceless resource.” Jeff Jacoby, , November 21, 2007

Federalist Society Federalist 2 F rom The President A QUARTER-CENTURY OF BUILDING Dear Friends and Supporters: Last November the Federalist Society celebrated the twenty-fi fth an- niversary of its founding. It was an exhilarating experience to pause and acknowledge all that has been accomplished by this organization. In 1982 it was ignited by the spark of a handful of conservative and libertarian law students who wanted their to include more than the liberal orthodoxy they were receiving in their classes at some of America’s most distinguished law schools. This report highlights many of the events the tudent Chapter Programs Society conducted commemorating that milestone. There is little argument, even from our critics, that the Federalist Society S has profoundly infl uenced the legal culture. We have established a Student Chapter at every ABA-accredited law school in America, a Lawyers Chap- Federalist Society President Eugene B. Meyer (second from right) and Executive Vice ter in every major metropolitan area, national Practice Groups in fi fteen President Leonard A. Leo (far right) with U.S. Supreme Court Chief Justice John Roberts and co-founders Lee Liberman Otis (far left) and Steven G. Calabresi (second from left) at areas of the law which focus on cutting edge legal issues, and a community the 2007 Annual Lawyers Convention. of thousands of active citizen-lawyers utilizing traditional legal principles to contribute to their communities and the nation. The Federalist Society is law students to consider the academy as a career. We will provide young more than ever a unique source for vigorous and civil debate, and has the scholars with ample opportunities to hone their research skills and increase opportunity, given our increasing press attention and resources, to increase their number of published articles. We will also seek out faculty who are 2007 dramatically the number of people we reach with our programs. interested in traditional legal principles but who are not presently involved It was gratifying to hear U.S. Supreme Court Justice Antonin Scalia with the Federalist Society’s programs. refl ect in characteristically eloquent fashion at our 25th Anniversary Gala, In its second year, our State Courts Project is developing exactly as we “I never imagined that there would be a chapter at every major law school had hoped it would, contributing to the understanding of our courts and in America. We thought we had planted a wildfl ower in the weeds of aca- the rule of law at the state level. We are encouraged to continue to fi nd demic liberalism. Instead, it was an oak.” highly qualifi ed and motivated citizen-lawyers in each state to help us focus My profound thanks to all those involved with the Federalist Society on state courts. Our constitutional structure requires taking seri- for what you have done. ously and being just as concerned about the proper role of courts in the ANNUAL REPORT REPORT ANNUAL states as at the federal level. Now is the time to look forward to the next twenty-fi ve years. What- ever the Federalist Society has accomplished is small compared to the new As we look forward to pursuing these new challenges and sustaining opportunities that lay before us. Successfully seizing these opportunities our long-term efforts with another generation of law students and young will vastly enrich the legal culture. Obviously the development of our lawyers, we wish to thank our supporters for their help in our effort to pro- chapters has created many of these opportunities. In addition, two other mote the principles of , the separation of powers, and very exciting developments are the expansion of the Faculty Division and the rule of law. Without our donors and our volunteers, none of what the the implementation of the State Courts Project. Society has accomplished would have been possible. Thank you. The expansion of our Faculty Division aims to foster intellectual diver- Sincerely, sity within law faculties and to enhance the prospect that opposing views will get a respectful hearing in the academic community. New initiatives will establish mentoring structures between older faculty, younger faculty, Eugene B. Meyer and law students interested in the academy. We will encourage talented President

Federalist Society Federalist 3 3 TUDENT HAPTERS International legal issues continued to S C interest student chapters this past year as THRIVE ACROSS well. Ohio State hosted a debate between Northwestern Prof. John McGinnis and Ohio COUNTRY State Prof. John Quigley on international law in American constitutional adjudication. The 2006-2007 academic year was an Prof. McGinnis also debated Creighton Prof. unparalleled success for the Federalist Michael Kelly at Creighton on “Should U.S. Society’s Student Chapters. Courts Look to International Law When • Student Chapters hosted a record 998 Making Decisions?” Similarly, U.S. Con- events, up from 825 the previous year. gressman Thaddeus McCotter of tudent Chapter Programs Judge and Judge , both of • Total attendance was over 46,000 people the U.S. Court of Appeals for the Ninth Circuit, pause debated Prof. Paul Dubinsky at Wayne State at Student Chapter events, with each event during a summer event with student chapter members on the application of international law in the S averaging an audience of approximately fi fty. of the University of , Berkeley School of Law- . Boalt Hall. The barbeque, hosted by the Sacramento • The 26th Annual Student Symposium on Lawyers Chapter, drew more than 100 law students and National fervor over immigration in- “Law and Morality” at Northwestern at- lawyers. spired a number of student chapter events. tracted about 1,000 attendees. As a result of tution delivered a speech on the Western State hosted Chapman Dean John the Symposium, the Northwestern chap- to a crowd of 260 at Minnesota. Ambas- Eastman to debate Western State’s Prof. David ter was awarded the University’s ‘Robert sador Robert Pearson, the former Director Brennan before seventy people. Dean East- Bennett Outstanding Student Organization General of the Foreign Service, spoke on man also debated James Ho of Gibson Dunn

2007 Award’ for its efforts. “Democracy, Islam, and the ” & Crutcher LLP on birthright citizenship at Southern California. In February, Arizona Student Chapters hosted events address- before fi fty people at Vanderbilt. In addi- hosted eight legal and immigration experts ing a number of pertinent legal issues over tion, Harvard hosted a panel on the tension for a symposium on immigration reform, the course of the year. The War on Terror and between freedom and security after 9/11 with and West Point Prof. Margaret Stock debated national security remained popular topics for Northwestern Prof. Steven G. Calabresi and Marquette Prof. Ed Fallone on “Fences, Am- student chapters to address. In September, Harvard Profs. and Laurence nesty, and Aliens” at Marquette. Victor Davis Hanson of the Hoover Insti- Tribe. George Washington Profs. Jonathan

ANNUAL REPORT REPORT ANNUAL Turley and Gregory Maggs debated Hamdan

v. Rumsfeld at George Washington, while Berkeley Prof. and New York Uni- versity Prof. Burt Neuborne debated the case at New York University. Akron, Coastal, George Mason, and Ohio State sponsored debates on ACLU v. NSA and the legality of the NSA’s warrantless wiretapping program; and 150 people attended a debate at California-Davis on national security fea- Judge of the U.S. Court of Appeals turing Ronald Cass, Dean Emeritus of Boston Solicitor General of R. meets with Harvard for the D.C. Circuit talks with Craig Chosiad, president Federalist Society members after mooting Medellin v. Texas of the University of Michigan Law School Chapter at the University School of Law, and President of before his argument in front of the U.S. Supreme Court as National Lawyers Convention. Cass & Associates, PC. part of the Chapter’s Supreme Court Advocacy Project.

Federalist Society Federalist 4 S tudent Chapter Programs Many chapters sponsored events on campaign fi nance and the Voting Rights Act. affi rmative action and the use of race in Seton Hall sponsored a debate on “Paying education. Texas Prof. Lino Graglia debated for Elections: Are We Restricting the Flow of Loyola- Prof. James Viator at Money or Speech in Politics?” between at- Loyola-New Orleans and State torney and Brenda Wright of the Prof. John Devlin at Louisiana State on National Voting Rights Institute. Bopp also affi rmative action in higher education. Over debated New York University Prof. Samuel sixty people attended each debate. An af- Isaacharoff on “Campaign Finance in the fi rmative action debate at Harvard between Aftermath of Randall v. Sorrell” at New York author Dinesh D’Souza and Harvard Prof. University. Similarly, Texas hosted Federal , consumer reporter for ABC News 20/20, Charles Ogletree attracted a crowd of 150. meets with the offi cers of the Student Election Commissioner Michael Toner, who California-Davis hosted a panel on Califor- Chapter after his speech on “Freedom and Its Enemies” spoke on “The Effect of McCain-Feingold nia’s Proposition 209, the 1996 ballot initia- to 350 students in October. Campaign Finance Reform on Politics” before sixty people. Abigail Thernstrom of during the 2006-2007 school year. A debate the Manhattan Institute and the U.S. Com- at Baylor between Kevin J. Hasson of the mission on Civil Rights debated Pace Prof. Becket Fund for Religious Liberty and the Randolph McLaughlin at Pace and Harvard ACLU’s Dr. Jeremy Gunn attracted an over- Prof. Charles Ogletree at Yale on the Voting fl ow crowd of 175 people, local media, and Rights Act of 1965 and the reauthorization of FederalistSociety even a crew from a Brazilian television station. its temporary provisions. Hasson also participated in similar religious liberty debates at Cardozo, Columbia, Other highlights from 2006-2007 include lectures by many prominent judges and gov- DePaul, Nebraska, Northwestern, Pep- ernment offi cials. U.S. Supreme Court Justice perdine, Richmond, Southern Methodist, Antonin Scalia met with chapters at San Texas Wesleyan, and Toledo. In October, The Notre Dame Chapter poses with Judge Diarmuid Diego, St. Thomas-Minnesota, Texas, O’Scannlain of the U.S. Court of Appeals for the Ninth Jordan Lorence of the Alliance Defense Fund and Yale; and U.S. Supreme Court Justice Circuit after his speech. participated in two well-attended debates spoke to the chapter at at Marquette and Wisconsin on same-sex tive that banned affi rmative action in Cali- Georgia. Former U.S. Attorney General marriage, while Boston College hosted Edwin Meese III spoke to the Campbell fornia; and of the Maggie Gallagher of the Institute for Mar- and George Mason chapters, while former debated Rutgers-Newark Prof. James Pope riage and Public Policy to debate Arline

U.S. Attorney General Richard Thornburgh at Rutgers-Newark on whether affi rmative Isaacson of the Massachusetts Gay and Lesbian delivered an address on “Corporate Investi- ANNUALREPORT action and equal protection are compatible. Political Caucus on the topic, “Is Same-Sex gations and the Thompson Memorandum” Michigan State hosted a panel on “Alterna- Marriage a Civil Right?” Similarly, Brigham tives to Affi rmative Action After the Michigan to 100 students at Vanderbilt. Former U.S. Young Prof. Lynn Wardle participated in a de- Attorney General spoke to Civil Rights Initiative,” and Ward Connerly bate on Citizens for Equal Protection v. Bruning, Marquette and North Carolina, where spoke to Louisville on affi rmative action in a case concerning the legal rights of same-sex he drew a crowd of 1,100. In October, U.S. front of an audience of 500. couples, at Nebraska before 100 students. Department of Homeland Security Secretary Religious and other civil were Controversies and cases in election law spoke at Harvard; and the focus of several student chapter events prompted student chapters to hold events on former U.S. Department of Energy Secretary 2007 5 Selected Student Chapter Speakers Hon. Spencer Abraham, Former U.S. Secretary of Energy Justice Stephen Limbaugh, Supreme Court Hon. Alexander Acosta, U.S. Attorney, Southern District of Florida Justice Stephen Markman, Prof. Jonathan Adler, Case Western Reserve University School of Law Judge Michael McConnell, U.S. Court of Appeals, Tenth Circuit Hon. John Ashcroft, Former U.S. Attorney General Senator Mitch McConnell, U.S. Senate, Prof. John Baker Jr., Louisiana State University Law Center Hon. Bob McDonnell, Virginia Attorney General Prof. , Law Center Prof. John McGinnis, School of Law Hon. Bob Barr, Former U.S. Congressman Hon. David M. McIntosh, Mayer Brown LLP, Former U.S. Congressman Judge Carlos Bea, U.S. Court of Appeals, Ninth Circuit Hon. Edwin Meese III, Former U.S. Attorney General Judge , U.S. Court of Appeals, Eighth Circuit Clark Neily, Institute for Justice Clint Bolick, Alliance for School Choice Judge Paul Niemeyer, U.S. Court of Appeals, Fourth Circuit Prof. Gerard Bradley, Notre Dame Law School Judge Diarmuid O’Scannlain, U.S. Court of Appeals, Ninth Circuit Hon. , Former U.S. Assistant Attorney General, Roger Pilon, Vice President for Legal Affairs, Cato Institute tudent Chapter Programs Former U.S. Attorney General John Ashcroft greets Offi ce of Legal Policy Ramesh Ponnuru, Daniel Suhr, president of the Marquette University Law Scott Bullock, Institute for Justice Judge , U.S. Court of Appeals, Seventh Circuit Prof. Steven G.Calabresi, Northwestern University School of Law Judge William Pryor Jr., U.S. Court of Appeals, Eleventh Circuit S School Student Chapter, after his speech to the chapter Judge Ed Carnes, U.S. Court of Appeals, Eleventh Circuit Justice Antonin Scalia, U.S. Supreme Court in April. Hon. , U.S. Solicitor General Judge David Sentelle, U.S. Court of Appeals, D.C. Circuit Ward Connerly, American Civil Rights Institute Judge , U.S. Court of Appeals, D.C. Circuit Justice Maura D. Corrigan, Michigan Supreme Court Christina Hoff Sommers, American Enterprise Institute and Federalist Society co-founder Spencer Prof. , University of Law School Dean Kenneth Starr, Pepperdine University School of Law , CEO, Forbes, Inc., Former Presidential Candidate Prof. Margaret D. Stock, Department of Law, Abraham spoke at Thomas Cooley-Oak- Prof. Charles Fried, U.S. Military Academy, West Point land. U.S. Solicitor General Paul Clement John Fund, John Stossel, ABC News spoke before large crowds at Michigan, Prof. Nicole Garnett, Notre Dame Law School Judge , U.S. Court of Appeals, Sixth Circuit Prof. Rick Garnett, Notre Dame Law School Judge Diane Sykes, U.S. Court of Appeals, Seventh Circuit 2007 New England, Suffolk, and Virginia; while Judge , U.S. Court of Appeals, Tenth Circuit Judge , U.S. Court of Appeals, Tenth Circuit Richmond hosted both Virginia Attorney Michael Greve, American Enterprise Institute Justice Clarence Thomas, U.S. Supreme Court Judge Thomas Griffi th, U.S. Court of Appeals, D.C. Circuit Hon. , Former U.S. Attorney General General Bob McDonnell and Virginia So- Judge , U.S. Court of Appeals, Eighth Circuit Judge Gerald Bard Tjofl at, U.S. Court of Appeals, Eleventh Circuit licitor General William Thro. As one of the Kevin J. Hasson, The Becket Fund for Religious Liberty Commissioner , Federal Election Commission Judge , U.S. Court of Appeals, Fifth Circuit Judge Clifford Wallace, U.S. Court of Appeals, Ninth Circuit attorneys arguing against the D.C. Gun Ban Hon. Gregory Katsas, U.S. Deputy Assistant Attorney General, Prof. , University of Pennsylvania Law School before the U.S. Supreme Court, Robert A. Civil Division Edward Whelan III, Ethics and Public Policy Center Judge , U.S. Court of Appeals, D.C. Circuit Prof. John Yoo, , Levy of Cato presented his views of the case Prof. Orin Kerr, Georgetown University Law Center Berkeley School of Law – Boalt Hall to several law schools, including Northwest- Judge , U.S. Court of Appeals, Ninth Circuit Justice Robert Young, Michigan Supreme Court ANNUAL REPORT REPORT ANNUAL Robert A. Levy, Cato Institute

ern, Chicago, and Loyola-Chicago in a speech titled, “Second Amendment in the Cross-Hairs.” Once again, popular speaker Overall, 2006-2007 was a remarkably Prof. Randy Barnett of Roger Pilon of the Cato Institute was warmly successful year for the Federalist Society’s Georgetown Law Center Student Chapters. Their efforts to advance spoke on “The Ninth received by law schools across the country. Amendment - Does It One of his themes this year was “Liberalism the rule of law and foster debate on impor- Mean What It Says?” to and the Fourteenth Amendment: How tant issues will continue to infl uence the legal several student chapters this year. Both Liberals and Conservatives Got It culture on their campuses and in their com- Wrong.” Georgetown Prof. Randy Barnett munities for years to come. drew large crowds for his speech on “Indi- vidualism and the State” at Chicago, Stetson and Florida State.

Federalist Society Federalist 6 L awyers Chapter Programs LAWYERS CHAPTERS LINK CITIZEN-LAWYERS

• The Lawyers Chapters in 65 cities across the law school, how he recruits law clerks, and nation are the cornerstone of activity in the how he regarded his time on the bench. Lawyers Division. The constant high qual- After each program, Justice Thomas signed ity of programming in the local chapters is books for attendees. crucial to maintaining a strong community U.S. Supreme Court Justice presence. Standing under an attended a gathering of • In 2007, the Lawyers Chapters held a record imposing painting of Federalist Society leaders in August. About 290 events. Abraham Lincoln, U.S. Solicitor General Paul 80 lawyers, local judges, and student lead- • Over 20,000 attended lawyers chapters Clement delivered the Philadelphia Chapter’s events, averaging over 70 attendees per event. Fourth Annual Supreme The lawyers chapters focus their program- Court Round-up to more than 270 people ming on topics of both national and local last summer. interest. Topics addressed include the War on Terror, state judicial selection, federal judicial confi rmations, eminent domain, immigration reform, same-sex marriage, racial preferences, FederalistSociety the Second Amendment, the role of state at- torneys general, climate control, reform, and many others. Chapters in , Atlanta, U.S. Supreme Court Justice Clarence Thomas signs Some of the signifi cant programs this year hundreds of copies of his book after speaking to overfl ow include: Nebraska, Chicago, , and Orange audiences at several Federalist Society Lawyers Chapters County attracted crowds of several hundred in the fall. •Several visits by U.S. Supreme Court Jus- to more than a 1,000 lawyers each at ers attended this reception. The event was tice Clarence Thomas to lawyers chapters events co-sponsored by the Heritage graciously hosted by John and Mary Lee were the highlight of the programming year. Foundation in each city. Justice Thomas Malcolm. Justice Alito delivered brief re- refl ected on his new book, My Grandfather’s marks about his confi rmation to the Court Son: A Memoir. The book and his remarks and then took questions. U.S. Supreme

revealed his fractured childhood, his early Court Justice Antonin Scalia attended a struggles through college and law school, ANNUALREPORT lunch meeting with the Colorado Chapter and his career and personal life through his in October and a breakfast meeting with confi rmation to the U.S. Supreme Court. San Diego in September. Following his brief remarks, Justice Thomas answered questions from the audience, often •The Southern California Chapters engaging the audience for an hour or more. jointly sponsored a day-long conference Orange County Chapter Executive Board Members (L to Questions ranged from his views on judicial at the Presidential Library R) Mike Friedland, Bill Brown and John Dodd pose with in Simi Valley in late January. The confer- former U.S. Attorney General Edwin Meese III after philosophy, what advice he would offer to honoring him at the chapter’s annual Madison Dinner. preparing for college as well as ence honored the service of former U.S. 2007 7 Law Prof. Gail leaders, judges, and lawmakers performed Heriot interviewed General Meese about a staged reading of “Measure for Measure.” his time in offi ce and his refl ections on Actors included U.S. District Court Judges President Reagan. A fi nal panel discussed Nancy Gertner, Nathaniel Gorton, Rya the development of “.” Over Zobel, Dennis Saylor, Mark Wolf, Patti Saris, 200 lawyers and students from throughout and Douglas Woodlock; U.S.Civil Rights California attended the program, which Commission Member Jennifer Braceras; marked the First Western Chapters Massachusetts Attorney General Mar- Lawyers Conference, which has become tha Coakley; and Associate Massachusetts an annual event. Supreme Court Justices Robert Cordy and • Several chapters considered the very timely Judith Cowin. ABC News Legal Correspon- awyers Chapter Programs awyers The Sacramento Chapter hosted a reception for members dent Jan Crawford Greenberg and Daniel of the California Supreme Court. Guests included issue of commander-in-chief authority last Superior Court Judge Raoul Thornbourne, his wife spring. As members of Congress attempted J. Kornstein, author of Kill All the Lawyers: L Vivian, and U.S. District Court Judge Morrison England to place a timetable for the withdrawal of Shakespeare’s Legal Appeal, moderated the (right). U.S. troops from Iraq, the Society’s lawyers discussion after the play. The discussion following the play addressed the judicial Attorney General Edwin Meese III and the chapters held a number of panel discussions selection process, whether political or social legacy of the Department of Justice that he concerning the separation of powers issues predispositions affect judicial decisions, the led. Former U.S. Solicitor General Theo- involved. Discussions were held in Pitts- fairness of labeling a judge as “conservative” dore Olson offered the luncheon remarks. burgh, Cleveland, Columbus, Miami, or “liberal,” and how far a judge could or Judge Lois Haight of the California Superior Orlando, Houston, Phoenix, Louisville, 2007 should go when he or she believes that strict Court, Claremont McKenna Prof. Michael Chicago, Macon, Little Rock, and Den- enforcement of the law will produce an Uhlmann, Michigan Supreme Court Justice ver. Featured speakers included Chap- unfair result. Stephen Markman, University of San Diego man University Dean John Eastman, David Law Prof. Michael Rappaport, and William Rivkin of Baker & Hostetler, national secu- • Solicitor General Paul Clement delivered Bradford Reynolds of Howrey LLP offered rity commentator Glenn Sulmasy, LSU Prof. the Philadelphia Chapter’s fourth an- their recollections of their time working for John Baker Jr., James Carafano and Mack- General Meese at the Justice Department. enzie Eaglen from , Andrew McCarthy from the Foundation for

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the Defense of Democracies, and Ronald Cass, Dean Emeritus of Boston University School of Law, and President of Cass & As- sociates, PC. Some chapters included Iraqi war veterans as participants in the panel discussion, such as Major William Fay, who participated in the Phoenix Chapter’s program. • Nearly 500 lawyers attended the Boston Princeton Prof. Robert George, along with Judge Chapter’s annual Shakespeare performance. , U.S. Court of Appeals for Judge Edith Jones, U.S. Court of Appeals for the Fifth the Fifth Circuit, meets with Archbishop of New Orleans Circuit, participated in a Supreme Court Round-up Under the direction of Chapter Chairman Alfred Hughes and members of the New Orleans Chapter panel before the Houston Chapter in July. Dan Kelly, leading community opinion after his speech on “ and Human Rights.”

Federalist Society Federalist 8 L awyers Chapter Programs Pryor Jr. of the U.S. Court of Appeals, Elev- local scholars, and taking a leading role in enth Circuit, U.S. Attorney Alice Martin, and the discussion on what the proper role of Supreme Court Justice Harold See. the state courts should be. Several other General Ashcroft offered his observations chapters sponsored programs debating state about his time at the Justice Department. judicial selection methods, judicial free He took several questions, commenting on speech restrictions, and the War on Terror, immigration policies, and versus judicial restraint. the future of the U. S. Supreme Court after • Federalist Society Board of Visitors mem- the 2008 elections. ber Robert A. Levy spoke before the • The lawyers chapters have taken critical D.C. lunch in December on the District The Boston Lawyers Chapter’s annual Shakespeare roles in organizing State Court Project ini- of Columbia v. Heller case which is be- presentation featured an after-performance discussion led tiatives. Chapters in Milwaukee, St. Louis, fore the U.S. Supreme Court this term. by Supreme Confl ict author Jan Crawford Greenburg. Nashville, Memphis, and City Attorney Alan Gura, who argued the were among those that took leading roles gun ban case, has spoken about it to the nual U.S. Supreme Court Round-up to in 2007 in hosting programs with state and Michigan, North Coast, San Diego, more than 270 attendees at the Union appellate court judges, drafting white papers Orange County, Philadelphia, Puget League. Clement discussed the major cases and articles on state court jurisprudence for Sound and Minnesota Chapters. of the term, while emphasizing several of Docket Watch, identifying media experts and

the term’s business cases. Solicitor General FederalistSociety Clement also spoke to the Pittsburgh and Milwaukee Chapters, previewing the 2007 Selected Lawyers Chapters Speakers Justice Samuel Alito, U.S. Supreme Court Alice H. Martin, U.S. Attorney, Northern District of Alabama Supreme Court term. Several other chap- Hon. John Ashcroft, Former U.S. Attorney General Justice Elliott Maynard, West Virginia Supreme Court ters held U.S. Supreme Court Round-ups Hon. Paul S. Atkins, U.S. Securities & Exchange Commission Andrew McCarthy, Foundation for Defense of Democracies over the summer. The Houston Chapter Hon. Haley Barbour, Governor, Senator Mitch McConnell, U.S. Senate, Kentucky Michael Barone, U. S. News and World Report Hon. Edwin Meese III, Former U.S. Attorney General featured a panel discussion with Judge Edith Judge Carlos Bea, U.S. Court of Appeals, Ninth Circuit Chip Mellor, President, Institute for Justice Jones of the U.S. Court of Appeals, Fifth Hon. Matt Blunt, Governor, Missouri Shannon P. Minter, National Center for Lesbian Rights Circuit, Texas Solicitor General R. Ted Cruz, Judge Robert H. Bork, Ave Maria School of Law Hon. Michael B. Mukasey, U.S. Attorney General Judge Pasco Bowman, U.S. Court of Appeals, Eighth Circuit Hon. Gale Norton, Former Secretary of the Interior and Professor Lino Graglia of the University Hon. Rachel Brand, Former U.S. Assistant Attorney General, Hon. , Former U.S. Solicitor General of Texas Law School. Offi ce of Legal Policy Roger Pilon, Vice President for Legal Affairs, Justice Stephen Breyer, U.S. Supreme Court Cato Institute of the U. S. Solicitor General’s offi ce spoke Judge Janice Rogers Brown, U.S. Court of Appeals, D.C. Circuit David Rivkin, Baker Hostetler LLP to both the Kansas City and Wichita Hon. Paul Clement, U.S. Solicitor General Prof. Paul Rubin, Emory University Ward Connerly, American Civil Rights Institute Deirdre Cummings, Massachusetts PIRG

Chapters. And, of course, former U.S. Solici- ANNUALREPORT Jay Cook, President, State Bar of Georgia Justice Antonin Scalia, U.S. Supreme Court tor General Theodore Olson presented his Prof. Richard Epstein, Law School Justice Harold See, Alabama Supreme Court annual reprise of the term to more than Prof. Robert George, Dean Kenneth Starr, Pepperdine University School of Law Michael Horowitz, Senior Fellow, The Justice Clarence Thomas, U.S. Supreme Court 500 at the Washington, D.C. Chapter. Judge Edith Jones, U.S. Court of Appeals, Fifth Circuit Prof. , UCLA School of Law • The Birmingham Chapter hosted former , Judge J. Clifford Wallace, U.S. Court of Appeals, Ninth Circuit Robert A. Levy, Cato Institute Edward Whelan III, Ethics & Public Policy Center U.S. Attorney General John Ashcroft at a Judge James B. Loken, Chief Judge, U.S. Court of Appeals, Eighth Prof. John Yoo, University of California, Berkeley School of Law- September dinner. General Ashcroft was Circuit Boalt Hall Heather MacDonald, John M. Olin Fellow, Manhattan Institute Justice Robert Young, Michigan Supreme Court introduced by U.S. Senator of Hon. Bill Marshall, Solicitor General, Ohio Alabama. Attendees included Judge William 2007 9 FEDERALIST SOCIETY CELEBRATES 25 YEARS Largest Ever Lawyers Convention Shines In recognition of the Federalist Society’s Edwin Meese III. Former U.S. Solicitor “The Constitution & American Exceptional- Silver Anniversary, President George W. Bush General Theodore Olson served as Master ism: Citation of Foreign Law,” and “Ameri- addressed the organization’s 25th Anniversary of Ceremonies. can Exceptionalism, the War on Terror and th Gala on November 15 during the 2007 Besides the Gala, other highlights of the the Rule of Law in the Islamic World.” National Lawyers Convention in Washington, convention included the Barbara K. Olson More than 1,500 guests attended one or D.C. He stressed two of the Society’s areas Memorial Lecture given on Friday night more of the convention’s 22 different panels ational Conferences of interest: interpreting the Constitution by U.S. Supreme Court Chief Justice John and other programs involving over 60 distin- as the founders wrote it, and the judicial Roberts. His speech touched on issues of guished speakers from the bench, bar, legal N confi rmation process. judicial independence, using as a backdrop the academy, and business world. The wide array Although most events took place, as usual, at the Mayfl ower Hotel, the Gala was held at the elegant and historical Washington Union Federalist Society Executive Vice President chats with Station on the fi rst night of the convention. U.S. Secretary of Labor Elaine More than 1,700 people attended the black Chao and her husband, Senate tie event, which, in addition to the President Minority Leader Mitch McConnell of Kentucky at the Gala. of the United States, featured brief comments by U.S. Supreme Court Justices Antonin Scalia, Clarence Thomas and Samuel 2007 Alito, and former U.S. Attorney General

Supreme Court appointments of President . One of the other popular

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convention programs was the address, ques- tion period, and book signing on Thursday morning by U.S. Supreme Court Justice Clarence Thomas about his newly released book My Grandfather’s Son: A Memoir. The theme for the plenary sessions of this 25th Anniversary Convention was “Shin- ing City Upon a Hill: American Excep- tionalism.” Showcase panels were entitled: Former U.S. Solicitor General Theodore Olson visits “Beacon of Freedom: Does America Have with , the legal affairs correspondent of President of the United States George W. Bush gives the National Public Radio, following the Seventh Annual keynote speech at the Federalist Society’s 25th Anniversary a Special Mission?” “Is America Different Barbara K. Olson Memorial Lecture on Friday evening Gala. from Other Major Western Democracies?” of the Convention.

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Stephen Reinhardt, both of the U.S. Court of ational Conferences Appeals, Ninth Circuit, debated on the sub- ject of “Property Rights in the United States,” with James S. Burling of the Pacifi c Legal Foundation moderating. Former Mayor of New York City addressed the convention Friday afternoon. The Convention Luncheon on Satur- day was a retrospective look at the founding

Judge William Pryor Jr. of the U.S. Court of Appeals for the Eleventh Circuit talks to Prof. Nadine Strossen of Michael Barone of U.S. News and World Report and Prof. New York Law School and president of the ACLU at the Richard Epstein of the University of Chicago Law School National Lawyers Convention. served on the opening showcase panel to discuss “Beacon of Freedom: Does America Have a Special Mission?” of opinions expressed by featured speakers

ensured lively debate and standing-room-only Convention speakers from the Academy

FederalistSociety crowds for many sessions. The convention included: Prof. Steven G. Calabresi of North- was heavily covered by the national press and western University School of Law and some portions of the program were taped by Chairman of the Federalist Society Board C-SPAN. of Directors; Prof. Eugene Volokh of UCLA School of Law; Prof. Nadine Strossen, New The Convention opened with an ad- Judith Jacobs of New York and her husband Judge York Law School and President of the dress by President Bush’s appointment to the , U.S. Court of Appeals, Second Circuit, ACLU; Prof. of Georgetown European Union, Ambassador C. Boyden peruse the on-site brochure before the National Lawyers University Law Center; Prof. Michael S. Gray, who is a former member of the Fed- Convention begins. Paulsen of the University of Saint Thomas eralist Society’s Board of Visitors. Kicking and development of the Federalist Society School of Law; Dean John Eastman of Chap- off the theme of , featuring Former U.S. Attorney General man University School of Law; Prof. Marci the fi rst showcase panel featured Michael Edwin Meese III, who is now chairman of Hamilton of Yeshiva University, Benjamin Barone of U.S. News and World Report, Prof.

the Heritage Foundation’s Center for Legal N. Cardozo School of Law; Prof. John Yoo

Richard Epstein of the University of Chi- & Judicial Studies; Manuel Klausner of the of University of California, Berkeley School ANNUALREPORT cago Law School, Prof. Charles Fried of ; Alfred Regnery of the of Law-Boalt Hall; Prof. Douglas Kmiec of Harvard Law School, and Prof. Gordon S. American Spectator, and Spencer Abraham, Pepperdine University School of Law; Prof. Wood of . The panel was former U.S. Senator and U.S. Secretary of En- Randy Barnett of Georgetown University moderated by Hon. J. Harvie Wilkinson III, ergy and co-founder of the Federalist Society. Law Center; Prof. James Lindgren of North- U.S. Court of Appeals, Fourth Circuit. Abraham also offered some remarks about western University School of Law; Prof. On Friday, after an address by U.S. Sen- the founding of the Society’s anchor journal, Akil Reed Amar of Yale Law School; Prof. ate Minority Leader Mitch McConnell of the Harvard Journal of Law and Public Policy Nicholas Quinn Rosenkranz of Georgetown Kentucky, federal judges Alex Kozinski and Studies, which he helped to establish. University Law Center; Prof. Gail Heriot 2007 11 academics and philosophers. With emotions School of Law. The rise in attendance can running high and advocacy groups spend- be, in large part, attributed to the fact that ing millions to mobilize their infantries in more students at more law schools are being the so-called “culture wars,” the questions exposed to Federalist Society programs. There surrounding morality’s role in the law have is now a Federalist Society Student Chapter assumed a central position within the na- at every accredited law school in America. tional dialogue. The Federalist Society’s 2007 The debates and panels on “Religion in Student Symposium hosted by Northwest- the Public Square,” “The Philosophical and ational Conferences ern University School of Law in Chicago Theological Foundations of Moral Debate,” sought to explore this issue of “Law and “Moral Choices and the Eighth Amendment,” N Morality” with about 1,000 law students “Same-Sex Marriage, Public Policy, and the from across the country in attendance. Constitution,” “Government Promotion of

U.S. Supreme Court Justice Clarence Thomas enjoys part Interest in attending the Federalist of the program at the Convention with his wife Ginni Society’s Student Symposia by American (right) and Gerald Walpin (left), the Inspector General law students has been climbing steadily over of the U.S. Corporation for National and Community Service. the past three years. After attracting about 600-700 students for several years, more of the University of San Diego School of than 900 people attended the Student Sym- Law, and Prof. Scott Kieff of Washington posium at Harvard in 2005 and participa- University in St. Louis, School of Law.

2007 tion has been even stronger ever since. The Several federal judges were asked to next year more than 1,200 signed up for the serve on or moderate panels. They included: event at and again Judge Frank H. Easterbrook, U.S. Court of this year there were nearly 1,000 participat- Appeals, Seventh Circuit; Judge Michael ing in the 2007 Symposium at Northwestern McConnell, U.S. Court of Appeals, Tenth Circuit; Judge David Sentelle, U.S. Court of Appeals, D.C. Circuit; Judge Carlos Bea,

ANNUAL REPORT REPORT ANNUAL U.S. Court of Appeals, Ninth Circuit; Judge Stephen F. Willliams, U.S. Court of Appeals, Federalist Society President Eugene B. Meyer welcomes D.C. Circuit; Judge Janice Rogers Brown, participants to the Convention Luncheon on Saturday. U.S. Court of Appeals, D.C. Circuit; Judge Moral Issues,” and “Morality of First Amend- Jerry E. Smith, U.S. Court of Appeals, Fifth ment Jurisprudence” served as useful vehicles Circuit; Judge Edith Jones, U.S. Court of Ap- to explore this topic. peals, Fifth Circuit; and Judge Brett Kavana- ugh, U.S. Court of Appeals, D.C. Circuit. The introductory debate on “Religion Student Symposium in the Public Square” on Friday evening pitted Kevin J. Hasson of the Becket Fund Attendance Soars for Religious Liberty against Michael Lawrence Auriana, a James Madison Club member from The question of the role of morality New York, chats with U.S. Supreme Court Justice Samuel Newdow, best known for his Supreme Court in the law is no longer solely one for legal Alito before the Annual Dinner at Union Station. case challenging the constitutionality of the

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words “under God” in the U.S. Pledge of Al- ational Conferences legiance. Federalist Society co-founder Hon. David M. McIntosh of Mayer Brown LLP moderated the lively exchange. Distinguished speakers from the legal academy showcased by the Symposium in- cluded: Prof. Ronald J. Allen of Northwestern University School of Law; Prof. John Baker Jr. of Louisiana State Law School; Prof. Randy Barnett of Georgetown University Law Center; Prof. Lillian R. BeVier of the Univer- sity of Virginia School of Law; Prof. Robert Burns of Northwestern University School of Law; Prof. Steven G. Calabresi of Northwest- ern University School of Law; Prof. Laurence P. Claus of University of San Diego School of Law; Prof. G. Marcus Cole of Stanford Law Two legal legends, former U.S. Attorney General Edwin Meese III (left) and Justice Antonin Scalia of the U.S. Supreme

School; Prof. Richard W. Garnett of Notre Court, take a minute to greet each other at the Federalist Society’s 25th Anniversary Gala. FederalistSociety Dame Law School; Prof. Lino A. Graglia College of Law; Prof. Louis Michael Seidman Conference Inspires New of University of Texas School of Law; Prof. of Georgetown University Law Center; Prof. Student Leaders Andrew Koppelman of Northwestern Uni- Geoffrey Stone of University of Chicago Law One clear indication of the Student versity School of Law; Prof. Steven Lubet of School; and Prof. Amy Wax of University of Division’s development has been the growth, Northwestern University School of Law; Prof. Pennsylvania Law School. Michael S. Moore of University of Illinois in terms of participation and importance, of Panels were moderated by Judge Timo- the Student Leadership Conference held in thy M. Tymkovich, U.S. Court of Appeals, Washington, D.C. each July. In two intensive Tenth Circuit; Judge Diane Sykes, U.S. Court days, the Society covers the cost to bring all of Appeals, Seventh Circuit; Prof. Steven our upcoming chapter presidents to Washing- G. Calabresi of Northwestern University ton, D.C. for a crash course on how to run a School of Law and co-founder of the Fed- successful chapter. They also hear from in- eralist Society; and Prof. Orin S. Kerr of The spiring national legal experts and meet other George Washington University Law School. chapter presidents from all over the country ANNUALREPORT The Symposium concluded with a – new friends with whom they can consult moving address on the question of whether during the school year. We attribute part people of faith can be objective judges, of the remarkable success of our chapters in delivered by Judge William Pryor Jr., U.S. the last three or four years to these meet- Court of Appeals, Eleventh Circuit. Be- ings. Most of the 195 accredited law school Convention Luncheon speakers Manuel Klausner of fore he was fi nally confi rmed on June 9, chapters in the U.S. sent student participants Reason Foundation and Alfred Regnery of recapped the history of the founding of the 2005, Judge Pryor was opposed and at- to this year’s conference which took place Federalist Society. tacked by some for his devout Catholicism. the weekend of July 13-15. Students heard 2007 13 Annual Conference Major Part Lawyers Convention, in Washington, D.C. of Expanding Faculty Division this past November. Some thirty-fi ve faculty members attended a special Division break- th The 10 Annual Faculty Division Con- fast at which they discussed a wide variety of ference was held in New York City on topics relating to the Division’s activities. In January 3-4, 2008. The 60 faculty members addition, the Faculty Division took the lead who attended contributed to the thoughtful in establishing another new Federalist Soci- discussion prompted by panels on “Executive ety project at the Convention. The Division ational Conferences Discretion & the Rule of Law,” “Post-Kelo organized twelve breakfasts for twelve differ- Reform,” and “American Law Schools: Envy ent law schools. The breakfasts were attended

N of the World or Before the by alumni, faculty, and students from those Fall?” Video and audio of the panels, debates, schools, and provided a great opportunity and speeches may be found at http://www. for different generations of Federalists to get Prof. G. Marcus Cole of and Prof. fed-soc.org/publications/id.499/default.asp. to know each other, and for alumni to catch Lillian BeVier of the School of Law debated “Government Promotion of Moral Issues” at the The conference also featured a debate en- up with their former professors and discuss 2007 Student Symposium at Northwestern University titled “Is the D.C. Gun Ban Unconstitution- developments at their law schools. In upcom- School of Law. al?” between Prof. Nelson Lund of George ing months, the Society anticipates following up with additional events of this type, as well from Rachel Brand, former U.S. Assistant Mason University Law School and former law professor and New York City Council as updating its database to refl ect members’ Attorney General in the Offi ce of Legal law schools in order to notify them of events Policy, who gave an insider’s view of the two Member David Yassky, which was moderated 2007 of this type in the future. Bush Administration Supreme Court nomina- by Prof. Randy Barnett of the Georgetown tions. The sessions of the conference led by University Law Center. Brooklyn University Feedback from Faculty Division Confer- Student Division Director Peter Redpath and History Prof. K.C. Johnson, who recently co- ence attendees continues to affi rm the Federalist Society President Eugene Meyer authored Until Proven Innocent, a book on the immense value of the conference for the focused mainly on helping students learn the Duke Lacrosse Case, with Brookings fellow scholars. They report their scholarship has nuts and bolts of running a strong, success- and Newsweek/National Journal legal corre- been signifi cantly improved by the inter- ful chapter at their law school by instructing spondent Stuart Taylor, delivered an address change of ideas with other academics at the conference. These annual meetings energize ANNUAL REPORT REPORT ANNUAL them how to use the resources of the national on “The Duke Lacrosse Case and the organization to produce results. The highlight Academy.” the faculty members, who must daily ad- of the weekend was a summer party Saturday dress the biases that exist in the legal academy. Finally, eight, mostly younger, scholars evening at the home of former U.S. Solicitor Most importantly, they offer the opportu- gave seven-minute presentations on works General Theodore Olson, a longtime friend nity for the interchange of ideas and review in progress addressing topics ranging from and mentor of the Society. of each other’s work that is invaluable for “Originalism and the ‘Problem of Change’: scholars. The Faculty Division Conference The Many Mechanisms by Which Original- provides an opportunity for these professors ism Accommodates Change” to “The Use of to share ideas and scholarship with each other Actuarial Data in Interpreting Insurance & that will facilitate the intellectually serious Other Contracts.” discussions we hope to promote in an effort For the fi rst time, the Faculty Division to advance traditional legal principles in the also held its own event at the 25th Annual legal academy and beyond.

Federalist Society Federalist 14 N

With the appointment of Federalist ational Conferences Society co-founder Lee Liberman Otis as the full-time director of the Faculty Division, we anticipate being able to further develop our ability to serve as the center of a vigor- ous community of faculty members who are dedicated to adding to the discussion in the legal academy. Conference Discusses Legal Contributions of Judge Robert H. Bork As part of its twenty-fi fth anniversary commemoration, the Federalist Society hon- ored Judge Robert H. Bork in a day-long conference discussing his achievements and contributions to the legal culture. The Con- Judge Robert H. Bork and his wife Mary Ellen pause by a placard announcing the Federalist Society event honoring his service to the country.

ference was a fi tting tribute to Judge Bork FederalistSociety and was very well attended. It included many who have worked with Judge Bork over his by Hon. Edwin Meese III of the Heritage The Conference continued with a panel many years of public service. Foundation. The next panel discussed com- discussing law and culture issues raised in The Conference, held at the Mayfl ower petition law and the , and Judge Slouching Towards Gomorrah: Modern Liberal- Hotel in Washington, D.C. on June 26th, began Bork’s book The Antitrust Paradox: A Policy ism and American Decline. The panel included with an opening address by Prof. Steven at War with Itself. Panelists included Judge Prof. Steven G. Calabresi, Prof. Robert G. Calabresi of Northwestern University Frank H. Easterbrook of the U.S. Court of George from the Department of Politics at School of Law, who is Chairman of the Appeals, Seventh Circuit, Judge Douglas H. Princeton University, Prof. Ilya Somin of Federalist Society’s Board of Directors. Ginsburg of the U.S. Court of Appeals, D.C. School of Law, The Conference continued with four panels Circuit, and Prof. George L. Priest of Yale with the Hon. Daniel E. Troy of Sidley discussing some of the topics that Judge Bork Law School. Dean Bernard Dobranski Austin serving as moderator. The Conference has written about, beginning with a panel of Ave Maria School of Law served as concluded with a panel discussing interna- moderator. tional law and Judge Bork’s book, Coercing

on judicial philosophy and originalism, based on principles in Judge Bork’s The Tempting of The Conference lunch was opened by Virtue: The Worldwide Rule of Judges. The panel ANNUALREPORT America: The Political Seduction of the Law. The the Hon. Theodore Olson, former U.S. featured Prof. Gregory Maggs of The panel featured Prof. John C. Harrison of Solicitor General, and featured “A Conversa- George Washington University Law School, University of Virginia School of Law, Prof. tion with Judge Robert H. Bork” conducted Prof. Jeremy A. Rabkin of George Mason Kurt T. Lash of Loyola Law School, Prof. by Judge A. Raymond Randolph of the University School of Law, and Prof. John Saikrishna B. Prakash of University of San U.S. Court of Appeals, D.C. Circuit. The Yo o of University of California, Berkeley Diego School of Law, and Prof. Jonathan R. luncheon also featured a documentary video School of Law-Boalt Hall. Robert J. Turley of The George Washington Univer- produced by the Federalist Society discussing Giuffra Jr. of Sullivan & Cromwell served as sity Law School. The panel was moderated Judge Bork’s life and achievements. moderator. 2007 15 Judge Diane Sykes, U.S. Carolina, in early June. As renewable energy PRACTICE GROUPS Court of Appeals for the has become a buzzword for policymakers, Seventh Circuit, moderated this panel addressed how the state and federal EXAMINE EMERGING a Convention panel on “The Role of Religion government have advocated renewable energy. LEGAL ISSUES in Public Debate,” put Jeffrey Clark of Kirkland & Ellis LLP, Kenneth together by the Religious ractice Groups Green of the American Enterprise Institute, The Federalist Society’s 15 Practice Groups Liberties Practice Group. and Sam Watson, Senior Staff Attorney for have developed into an effi cient mecha- the North Carolina Utilities Commission P nism for disseminating traditional legal ideas explored these questions. through events and scholarship on nearly ev- ery current legal subject. In 2007, this work continued, as the nationwide Practice Groups reached even greater numbers of interested ly panel discussing the U.S Attorney fi rings. participants. The panelists included Mark D. Agrast, Senior In February, the Federalism & Sepa- Fellow at the Center for American Progress, ration of Powers Practice Group held Andrew McCarthy, Foundation for Defense a panel at the National Press Club in Wash- of Democracies, Prof. Jonathan Turley of The ington, D.C. called “Congressional Oversight George Washington School of Law, and Ed- ward Whelan III, President of the Ethics and vs. Executive Privilege.” The panel featured Dean John Eastman, Chapman University School of Law Chris Bartolomucci of Hogan & Hartson, Public Policy Center. and Prof. Marci Hamilton, Yeshiva University, Benjamin 2007 Douglas R. Cox of Gibson, Dunn & The Administrative Law & Regula- N. Cardozo School of Law, participated in a panel Crutcher LLP, Hon. Walter E. Dellinger III examining “Federalism: Religion, Early America and the tion Practice Group hosted a conference Fourteenth Amendment.” The panel was sponsored by of O’Melveny & Myers and Former Interim in October at the University of Minnesota the Federalism Practice Group. U.S. Solicitor General, and Dr. Louis Fisher, School of Law entitled “The Future of Tax Constitutional Law Specialist for the Law Shelters.” The conference brought together In addition to co-sponsoring the panel Library of the Library of Congress, with Ed- top tax scholars and professionals as well as on renewable energy, the Environmental ward Whelan III, President, Ethics and Public scholars from other disciplines to evaluate Law & Property Rights Practice Group Policy Center, serving as moderator. the present and future of tax shelters. The also hosted a live web cast entitled “Pluralities

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The Federalism & Separation of Virginia Tax Review published the sympo- and Concurrences-How Should the Courts Powers Practice Group also hosted a time- sium essays. The program was co-sponsored Interpret Split Decisions?” in late June. by Deloitte Tax LLP and the University of The Supreme Court occasionally renders Under the auspices Minnesota Institute for Law & Economics, plurality opinions, which may involve 4-1-4 of the Corporations Practice Group, George and was organized by Prof. Kristin Hickman decisions or any number of other formula- Terwillliger III, White & of the University of Minnesota Law School. tions of justices where no clear majority Case, former Deputy U.S. on particular issues emerges. These plural- Attorney General, was The Administrative Law & Regula- part of a panel entitled, tion and the Environmental Law & ity opinions often address signifi cant issues, “Is the U.S. Regime Property Rights Practice Groups, yet, due to the lack of a clear majority, are Undermining American diffi cult for both the lower courts and the Competitiveness?” . co-sponsored a panel entitled “Renew- able Energy: Practical Alternatives or Costly regulated community to interpret and apply. Diversion of Resources?” in Raleigh, North Various perspectives were offered by Prof.

Federalist Society Federalist 16 P

Donald Kochan of Chapman University tions that agree to waive the attorney-client ractice Groups School of Law, Gene Schaerr of Winston & privilege are deemed to be “cooperating,” Strawn LLP, Prof. Louis Michael Seidman and therefore entitled to special consider- of Georgetown University Law Center, and ation during investigation and even sentenc- Judge David Sentelle of the U.S. Court of Ap- ing. The Heritage Foundation’s Hon. Edwin peals, D.C. Circuit. Meese III, Former U.S. Attorney General, The Corporations, Securities & delivered the introductory remarks. The Antitrust Practice Group hosted a confer- panel included the Hon. George Terwilliger ence in New York entitled “Does Procedure III, former U.S. Deputy Attorney General Dominate Substance?: Of Class Actions and and member of the Practice Group Executive Pretrial Motions” in September. The fi rst Committee, and the Hon. Larry D. Thompson panel examined the standards for certifying a of Pepsico, also former U.S. Deputy Attorney The International & National Security Law Practice General. class in class actions. The panel was moderat- Group sponsored a showcase panel on “The Constitution ed by David S. Evans, Chairman of eSapience, & American Exceptionalism: Citation of Foreign Law.” At the beginning of April, the Civil Ltd., and included Prof. Richard Epstein of Judge Frank H. Easterbrook, U.S. Court of Appeals for the Rights Practice Group hosted a pair of Seventh Circuit, and Prof. Nicholas Quinn Rosenkranz of the University of Chicago Law School, Prof. Georgetown Law Center and a Federalist Society Board panels analyzing “Alternatives to Affi rmative Samuel Issacharoff of New York University of Visitors member participated in the panel discussion. Action After the Michigan Civil Rights Ini- School of Law, and Prof. Richard Nagareda tiative.” The program took place at Michigan of Law School. The the legal questions underlying the Stoneridge State Law School and was repeated at the FederalistSociety second panel, on pretrial motions to dismiss case, while the second panel focused on the University of Michigan Law School. The and summary judgment, included Prof. Keith policy questions at issue in Stoneridge, with a panels considered the legal and policy ques- Hylton of Boston University School of Law, particular emphasis on how this case could tions surrounding Michigan law schools’ plans Prof. Geoffrey Miller of New York Univer- affect the interests of shareholders, consum- to revise admissions criteria for the purpose sity School of Law, and J. Douglas Richards ers, the business community, and U.S. com- of achieving particular racial outcomes. These of Milberg Weiss. The moderator was Prof. petitiveness. For the debate, Eric Isaacson panels addressed 1) whether the Michigan Jack H. Friedenthal of The George Washing- of Coughlin Stoia et al., and Ashley Parrish Civil Rights Initiative prohibits the universi- ton University Law School. The conference of Kirkland & Ellis each had the opportu- ties from designing their admissions criteria in concluded with a lunchtime address by David nity to present the strongest case for their an effort to limit the percentage of white and Boies, Chairman of Boies, Schiller & Flexner. respective fi rms’ position on Stoneridge. Asian students who are admitted; 2) whether the U.S. Constitution or other federal laws Case Western University School of Law Along with the Heritage Foundation, the might prohibit this after the Grutter and Gratz joined with the Corporations, Securi- Corporations, Securities & Antitrust, and ANNUALREPORT ties & Antitrust and the Litigation Prac- the Criminal Law & Procedure Practice decisions; and, 3) whether basing admissions tice Groups to host an October confer- Groups hosted a panel entitled “The Fu- decisions on whatever factors can be found to ence on “Scheme Liability, Section 10(b), ture of the Attorney-Client Relationship in correlate with race will undermine the qual- and Stoneridge Investment Partners v. Scientifi c White-Collar Prosecutions.” The program ity of the students admitted to the universities. Atlanta.” The conference, which included analyzed the issues surrounding the Justice In April 2007, the International & Na- a live video broadcast through the Case Department’s current policies and practices tional Security Law Practice Group held Western website, consisted of two panels for investigating and prosecuting business a panel discussing, “Are American Businesses and a debate. The fi rst panel focused on organizations. Under current policy, corpora- a Threat to American Sovereignty?” The panel 2007 17 explored the practice of American businesses, a keynote address by Ambassador John R. having received an unfavorable outcome in Bolton, American Enterprise Institute, and U.S. courts or agencies, particularly in anti- was followed by a panel discussion on prop- competition cases, taking their disputes to erty rights. The second installment in the multinational authorities (such as the EU) series featured a keynote address by William ractice Groups or to foreign courts and other international Kristol, editor, The Weekly Standard. The bodies. The panel participants were Ronald program continued with a panel discussion on “Business Organization and De-regulation,” P Cass, Dean Emeritus of Boston University School of Law, and President of Cass & As- which was followed by a luncheon address by sociates, PC; Albert A. Foer, President, The Prof. Michael S. Paulsen, St. Thomas School of Law and Everett Eissenstat, Assistant U.S. Trade Repre- American Antitrust Institute; Prof. Keith Prof. Neal Katyal, Georgetown University Law Center, sentative for the Americas, Offi ce of the U.S. both participated in a showcase panel on “American Hylton, Boston University School of Law; R. Exceptionalism, the War on Terror and the Rule of Law Hewitt Pate, Hunton & Williams; and Lor- in the Islamic World.” raine Woellert, Business Week, who served as moderator. legal rationale for the Bush Administration’s position and the specifi c extent of and limita- In late September, this Practice Group, in tions on presidential authority to act, pursuant conjunction with the American Enterprise to his diplomatic affairs powers. Moderating Institute, co-hosted a conference on the U.S. the second panel was former U.S. State De- Supreme Court case, Medellín v. Texas, con- partment Legal Adviser Edwin D. Williamson, cerning the extent of executive authority to 2007 now of Sullivan & Cromwell. enforce non-self-executing treaties (in this The International & National Judge Michael McConnell of the U.S. Court of Appeals case, the United Nations Charter, to which for the Tenth Circuit moderated a panel on “Restricting the U.S. is a signatory). Two panels examined Security Law Practice Group also spon- Parental Speech.” Prof. Eugene Volokh, University of California, Los Angeles School of Law, participated in this question. The fi rst, composed of The sored a program discussing the United Na- tions Convention on the Law of the Sea in the panel sponsored by the Free Speech & Election Law George Washington University Law School Practice Group. Prof. Michael J. Matheson, Northwestern late June at the Heritage Foundation. The University School of Law Prof. John Mc- panel featured Frank Gaffney of the Center Trade Representative and a concluding panel for Security Policy; Prof. John Norton Moore discussing “Commercial Confl ict Resolu-

ANNUAL REPORT REPORT ANNUAL Ginnis, and Catholic University of America

Columbus School of Law Prof. Peter B. “Bo” of the University of Virginia School of Law, tion: the Court Systems and Arbitration.” and Director of the Center for National Rutledge, considered whether decisions of The Labor & Employment Law the International Court of Justice were bind- Security Law and the Center for Oceans Practice Group hosted a very timely ing on the United States. University of Cali- Law and Policy; Baker Spring, F.M. Kirby debate in January on the Washington State fornia at Berkeley School of Law Professor Research Fellow in National Security Policy, statute banning the use of union dues col- and former Deputy Assistant U.S. Attorney The Heritage Foundation, and Rear Admi- lected from non-profi t employees for political General John Yoo moderated the panel. The ral William D. Baumgartner, Judge Advocate activities without the individual employee’s second panel, consisting of Texas Solicitor General, U.S. Coast Guard. express consent. Washington State enacted General R. Ted Cruz, University of San Di- The Practice Group also partnered with its statute via public referendum, but the ego School of Law Prof. Michael D. Ramsey, the LSU Law Center and USAID to spon- statute was overturned by the Washington and The George Washington University Law sor a two-part series on U.S. Security, Trade Supreme Court on constitutional grounds. School Prof. Edward T. Swaine, considered the and Development. The series began with Washington State appealed the ruling to

Federalist Society Federalist 18 P the U.S. Supreme Court. This panel was competing scientifi c claims, and asserted that ractice Groups co-sponsored by the Free Speech & Elec- discoveries of fraud only proved the effi cacy tion Law Practice Group and included of the system in sorting out the facts. Duke Washington Attorney General Rob McKenna Law School Prof. Francis E. McGovern who argued Washington v. Washington Education weighed in on the side of the existing regime. Association before the U.S. Supreme Court. D.C. Circuit Court of Appeals Judge Doug- In March, the Labor & Employment las H. Ginsburg served as the moderator. Law Practice Group held a panel discus- In June, the Litigation and the Profes- sion on Capitol Hill considering the merits of sional Responsibility & Legal Education the Employee Free Choice Act, which would Practice Groups also co-sponsored a pair codify the practice of allowing union organiz- of panels on the ethical considerations of ers to submit a union certifi cation applica- plaintiff’s counsel accepting cases on a con- tion to the National Labor Relations Board The Labor Practice Group arranged a panel entitled tingency fee basis, particularly in light of the “Labor:The Labor Movement, NGOs, International Labor after procuring enough signatures on union Standards and American Values,” which was moderated huge awards often given in cases, membership cards to constitute a majority by Judge David Sentelle, U.S. Court of Appeals for the where some argue the plaintiff’s attorneys of workers in a given unit. Currently, such D.C. Circuit. become an interested party in the settlement. practices violate NLRB requirements for a se- initiatives. Participating were Equal Employ- The panels were co-hosted by our Lawyers cret ballot election. Charlotte Montiel of the ment Opportunity Commission General Chapters in Austin and Houston, Texas. Counsel Ronald S. Cooper, National Labor FederalistSociety U.S. Senate Republican Steering Committee The Religious Liberties Practice Relations Board General Counsel Ronald E. and former NLRB member John N. Raud- Group continued its panel discussion series Meisburg, and the Acting U.S. Department abaugh maintained that there was potential in partnership with the Pew Forum on Re- of Labor Solicitor Jonathan L. Snare. Mod- for abuse and intimidation by union organiz- ligion & Public Life. In September, the two erating the briefi ng was a participant in the ers under the EFCA proposal. Brian V. Ken- groups, along with the American Constitution original Labor Briefi ng, former U.S. Depart- nedy, the General Counsel of the U.S. House Society, hosted a debate titled “Conscience ment of Labor Solicitor . of Representatives’ Committee on Educa- Clauses: First Amendment Right or Uncon- tion and Labor and former NLRB member The Litigation and the Professional stitutional Barrier to Medical Care?” The de- Sarah M. Fox both defended the proposal as Responsibility & Legal Education Prac- bate between Becket Fund for Religious Lib- a more effective way for employees to exer- tice Groups co-sponsored a panel discussion erty Founder and Chairman Kevin J. Hasson cise their rights to form a union and col- in October on “Mass Fraud in Mass .” and National Women’s Law Center Senior lectively bargain without employer intimida- Cardozo School of Law Prof. Lester Brick- Counsel Jill Morrison considered the merits tion. Former NLRB General Counsel John man presented a paper documenting various of statutes that authorize pharmacists to refuse ANNUALREPORT S. Irving moderated and offered some of his instances where science has been manipulated to fi ll prescriptions or refer patients in contra- own perspectives from his days at the NLRB. by expert witnesses and plaintiffs’ counsel to vention of their consciences, as informed by In July, the Labor & Employment portray a distorted picture of causation and their religious beliefs. In November, the three Law Practice Group resurrected a program defendants’ liability. He was joined in mak- groups joined again to present a preview of concept originally held in 2002. In our “La- ing his argument by Patrick M. Hanlon of two partial-birth abortion cases (Gonzales v. bor Briefi ng II” panel, key legal heads from Goodwin Procter LLP. Joseph F. Rice of Carhart and Gonzales v. Planned Parenthood) the three federal agencies gave an overview the fi rm of Motley Rice argued that the on the eve of their argument in the U.S. of recent signifi cant cases and recent agency legal system operated effectively to mediate Supreme Court. After the decision was issued 2007 19 In May the Financial Services & Former Chairman of the E-Commerce Practice Group hosted Intellectual Property Practice a half-day program on “Basel Risk-Based Group Prof. F. Scott Kieff of Washington University Capitol Standards: Are they Workable?” U.S. Law School offered his Senator Chuck Hagel delivered the luncheon expertise on a panel examining the internationalization of ractice Groups keynote address. The program began with intellectual property. a panel detailing the background of Basel.

P The second panel discussed the ideal Basel with panelists Wayne A. Abernathy of the With James S. Burling (right) of the Pacifi c Legal American Bankers Association and former Foundation moderating, Judge Alex Kozinski, U.S. Court Assistant Secretary for Financial Institutions, of Appeals for the Ninth Circuit, participates in a lively U.S. Department of Treasury, Karen Shaw property.” The panel included Prof. Shubha debate with Judge Stephen Reinhardt, also of the Ninth Ghosh, Southern Methodist University, Circuit, who has opposing views. The debate was set up Petrou of Federal Financial Analytics, Michael by the Environmental Law and Property Rights Practice Roster, Former Executive Vice President and Dedman School of Law, Michael A. Gollin Group. General Counsel at Golden West Financial of Venable LLP, Dean A. Monco of Wood in June, the three groups came together with Corporation, and Charles Taylor, Director, Phillips, and Prof. Adam Mossoff of Michi- a follow-up panel. The Court upheld the fed- Operational Risk of the Risk Management gan State University College of Law. Hon. Loren A. Smith, U.S. Court of Federal Claims, eral Partial-Birth Abortion Ban Act of 2003, Association. Prof. Keith R. Fisher, Michi- served as moderator. establishing a concrete precedent for allowing gan State University College of Law, served abortion restrictions without making an ex- as moderator. This program was co-spon- The Telecommunications & Elec-

2007 plicit exception to protect a mother’s health. sored by the American Bankers Association. tronic Media Practice Group hosted a Panelists examined the degree to which the keynote address early in the year by Hon. The Free Speech & Election Law Court’s ruling was consistent with or counter Deborah Taylor Tate of the Federal Com- Practice Group co-sponsored a discussion, to abortion jurisprudence of the past 35 years, munications Commission on the future of with the Columbus, Ohio Chapter, entitled primarily focusing on Roe v. Wade and Casey v. Universal Service, the ten percent fee phone Planned Parenthood of Southeastern Pennsylvania. “Journalists’ Privilege” last March. Panelists customers are obliged to pay. The $7 billion a included Prof. Susan Gilles of Capital Univer- The Religious Liberties Practice year garnered by the fee is designed to guar- sity Law, Darrell Heckman, Former Cham- antee affordable telephone service to rural ANNUAL REPORT REPORT ANNUAL Group, in conjunction with our Los Angeles paign County Prosecuting Attorney, and Lawyers Chapter, held a debate about Cali- and low-income Americans, to reduce Inter- Jane Kirtley, Professor of Media Ethics and net connection costs for schools and libraries, fornia’s Proposition 22, which established that Law at the University of Minnesota. Judge the term “marriage” can only be conferred and to enhance connectivity for rural health Jeffrey Sutton, U.S. Court of Appeals, Sixth on heterosexual couples. Our panel included care providers. After her address, a roundtable Circuit, served as moderator. Dean Kenneth W. Starr of Pepperdine Uni- discussion of leaders from Capitol Hill and versity School of Law, David C. Codell of the In March, the Intellectual Property various industry sectors explored solutions to Law Offi ce of David C. Codell, Dean John Practice Group hosted “Are Patents ‘Private the problem of reshaping Universal Service Eastman of Chapman University Law School, Property’ Under the Fifth Amendment?” for the digital age. and Center for Lesbian Rights Legal Director discussing doctrinal, policy, and historical Shannon Price Minter. Practice Groups issues raised by the increasingly important Director Dean A. Reuter served as the constitutional question of whether patents are moderator. secured under the Takings Clause as “private

Federalist Society Federalist 20 S tate Courts Project tate Courts and discussion about the Wisconsin Supreme Prof. Rick Esenberg of VOLUNTEERS FOCUS Court. The Project recruited a team of local Marquette University legal experts to talk to the press about current School of Law authored ON STATE COURTS a white paper on the and future work of the supreme court and jurisprudence of the In 2007, the State Courts Project expanded the proper role of judges. The purpose of the Wisconsin Supreme its portfolio to include several states where program was to spark a more balanced and Court. judicial selection system reforms were being intelligent debate about whether the Wis- introduced by the state legislature and dis- consin Supreme Court has been respecting cussed by the press and the public, including its limited constitutional role. The following Missouri, , and Kansas. Wisconsin were the project components: was also an important focus of attention, as • Media-trained local legal experts, speaking The survey tested the awareness and un- there was an impending judicial election of for themselves, were made available to derstanding of the process by which state some consequence that could be used as a the press for commentary on the Wiscon- supreme court justices are elected as well as vehicle for debating role of court issues. sin Supreme Court’s jurisprudence and the citizens’ familiarity with the candidates and The approach in each of these states proper role of the Court. The legal experts general opinion of the Wisconsin Supreme consists of three elements: an in-state earned were featured on radio, were quoted in Court and its decisions. One result showed media push involving media training and newspapers, and published op-ed articles. that 72% of Wisconsin citizens believe judg- es should interpret the law as it is written

booking of local legal experts; events in • The Federalist Society hired a polling fi rm FederalistSociety various cities throughout targeted states; and not take into account their own view- (the polling company™, inc.) to conduct a points and experiences. There was extensive and unique scholarship on the state of state pre-election survey of Wisconsin citizens. supreme court jurisprudence written by top coverage of the poll results from many me- law professors and practicing attorneys. The dia outlets, including Wisconsin Public Ra- purpose of these efforts remains the same: to dio, and release of the poll results generated additional media interest in the legal experts provide accessible information to the press A COURT UNBOUND? THE RECENT being made available by the Federalist Soci- and the public that will serve as a catalyst JURISPRUDENCE OF THE WISCONSIN ety to comment on the supreme court race. for real, meaningful debate and discussion SUPREME COURT about state constitutional and general legal Rick Esenberg • A Wisconsin Supreme Court white paper jurisprudence; and to condition the envi- acted as a news peg and was promoted to ronment for more productive attention to media throughout the state. The author, the role of state supreme courts and the Prof. Rick Esenberg, was made available

judiciary more generally in our constitu- to the press for commentary, and the paper tional system, both now and in the future. itself served as a useful reference resource ANNUALREPORT for press covering the supreme court elec- Wisconsin tion. In fact, John Fund noted in The Wall Judicial elections provide prime op- Street Journal that Wisconsin business groups portunities to focus public attention on state “widely distributed ‘A Court Unbound?’ a court jurisprudence. Prior to the April 2007 critique of [the court’s] decisions by a prom- Wisconsin State Supreme Court election, inent Wisconsin which was published the State Courts Project launched a state- by the Federalist Society.” The Federalist wide educational program to foster debate Society white paper, its author, and pre- 2007 21 election poll results were also featured in the fore among the most insulated from public the Missouri Bar Association, and former Wisconsin State Journal and La Crosse Tribune. input and least accountable in the country. Governor . A number of media The week before the election, the Mil- Proponents of the Plan, however, contend outlets covered the events, including the St. waukee Chapter of the Federalist Society that judicial applicant quality is improved Louis Post-Dispatch, the Kansas City Star, and sponsored a luncheon event at the Milwaukee by having this pre-appointment screening Kansas City Daily Record. Bar Association. Milwaukee County process involve state bar lawyers, and that the • The Federalist Society published a white Circuit Court Judge Michael Brennan in- infl uence of partisan politics is diminished. paper on Missouri Supreme Court juris- tate Courts Project troduced Prof. Esenberg who discussed the Our Missouri effort – which has resulted in prudence over the last fi fteen years and the fi ndings of his white paper and the most three Wall Street Journal editorials – included: status of the current court. The paper, The

S recent rulings of the Wisconsin Supreme • The Federalist Society commissioned a poll Consequences of Judicial Selection: A Review of Court. The audience included many state of Missourians to survey their knowledge the Supreme Court of Missouri, 1992-2007, court judges, leaders of the bar, and repre- of the Plan and to probe their views about is co-authored by Prof.William Eckhardt sentatives from local policy organizations. the judicial function. Local press outlets of the University of Missouri-Kansas City Missouri, Tennessee, and Kansas that covered the poll results included the School of Law, and John Hilton, former St. Louis-Post Dispatch, Jefferson City News clerk to Judge Duane Benton of the U.S. In addition to fostering dialogue sur- Tribune, and the Missouri Lawyers Weekly. Court of Appeals, Eighth Circuit. The rounding state judicial elections, the State white paper and its authors have received Courts Project has entered the debate over • Similar to the Wisconsin State Courts extensive state and national press coverage. state judicial selection methods. State ap- Media Program, the Federalist Society pellate court judges are selected by different facilitated statewide media appearances by As in Missouri, judges in Tennessee 2007 processes in different states: some by elec- local legal experts. These media-trained and Kansas are also selected by “merit se- tions, some by gubernatorial appointment, attorneys, speaking for themselves, were lection” and proposals for reform are be- and some by “merit selection,” a process made available to press for commentary ing discussed in these states. The Federalist where a judicial nominating commission on proposed reforms to the Missouri Plan, Society’s programs and white papers have submits a list of judicial candidates from recent jurisprudence of the Missouri Su- garnered signifi cant attention in these states whom the governor must choose to fi ll a preme Court, and the proper role of the as well. All of the major newspapers in both court opening. Several states are considering courts and judges. The legal experts were states have covered these events and papers, as changing how judges are selected for their featured on radio, were quoted in news- well as a survey of citizens about the role of ANNUAL REPORT REPORT ANNUAL highest courts, and the Federalist Society papers, and produced op-ed articles. For courts and judicial selection issues in Kansas.

has encouraged and strengthened discussion example, the St. Louis Post-Dispatch and As a result of all of the published white of judicial selection issues in these states. Jefferson City News Tribune quoted Federal- papers, event programming, educational The process of “merit selection” was ist Society legal experts and poll results in polls, and outreach to media undertaken developed in Missouri and has since been their articles on Missouri Plan reform. by the Federalist Society’s State Courts known as the Missouri Plan. Since the initial • The Federalist Society organized a number Project in 2007, issues of state court juris- passage of the Missouri Plan in 1940, twenty of events in both St. Louis and Kansas City. prudence are receiving a greater amount other states and the District of Columbia have Several of these were styled as debates, and of attention from government offi cials, the adopted some form of the Plan. Critics of featured a number of distinguished speak- media, and the public than ever before. the Missouri Plan contend that the Missouri ers, including Governor Matt Blunt, Circuit This is evidenced by the press attention judicial selection commission is devoid of Court Judge Robert H. Dierker Jr., and garnered, which amounted to $2 million any executive or legislative check, and there- Douglas Copeland, former president of in publicity value in just a few months.

Federalist Society Federalist 22 I nternational Affairs nternational Europeans who share Federal- SOCIETY EXPANDS ist Society ideas, including a MONITORING OF commitment to the principles of limited government, the rule of INTERNATIONAL law and sovereignty. The work of these chapters also helps us ORGANIZATIONS identify interested individuals Sovereignty is a simple principle – namely, who can aid us in monitor- that a community should be free as an in- ing and media outreach. Our dependent political entity to make its own Paris chapter has been particu- laws. Some have questioned whether the larly active this year. Under the principle of American sovereignty, and its leadership of François-Henri attendant benefi ts to individual freedom, is Briard, the French Govern- threatened by efforts to use international Chief Justice John Roberts and other U.S. Supreme Court justices meet ment relied heavily upon the with French President Nicolas Sarkozy in Paris in September. François- Paris group to help organize and foreign sources of law as a means of Henri Briard of the Federalist Society was instrumental in arranging the securing a policy agenda here at home that visit. Chief Justice John Roberts’ otherwise could not be achieved. There is visit to France in July 2007. a trend among American judges to invoke idea that more awareness will help ensure that Similar collaboration occurred in Octo- international sources of law to interpret our no potentially damaging legislation will pass ber with a visit from California jurists. FederalistSociety Constitution and other U.S. laws. Some also unnoticed. The second goal of the Project The Federalist Society remains very ac- have pressed the United States to adopt and consists of balancing the debate about adopt- tive in the monitoring of activities of various comply with the soft norms of international ing international legal norms, by adding law that are the hallmarks of the United another voice to an often one-dimensional Nations and other multilateral organiza- discussion, a voice which reminds people tions. The Federalist Society continues to of the indispensability of sovereignty prin- study and monitor these concerns through its ciples. We take action by sponsoring speeches, International Law and Sovereignty Project. panels, and debates, as well as by publishing articles and scholarship meant to provoke The Project has two main goals. The fi rst thought and encourage dialogue. Impor- is to monitor attempts to incorporate inter- tantly, since earned media has a multiplier national law into the American legal system. effect, we prioritize the media training and

The Federalist Society and its European

mobilization of experts who can articulate ANNUALREPORT volunteers observe and participate in various meetings convened by the United Nations the impact of these legal trends, thereby dis- and other international organizations, gener- seminating much-needed, timely information. ating reports on the activities and the agendas The Federalist Society’s chapters in that are pushed. Other volunteers track U.S. Europe - presently in Paris, London, and court cases. In the effort to make this quiet Brussels - are invaluable resources for accom- process transparent, information collected plishing the stated purposes of the project. A large component of the International Law and Sovereignty Project, the Global Governance Watch is transmitted to policy leaders, think tanks, These chapters have been instrumental in website launched with this accessible homepage in businesses, scholars, and the press, with the the forging of a trans-Atlantic coalition of late March. 2007 23 purpose of ensuring that intellectual property Dean Emeritus of Boston University School issues are the subject of a balanced dialogue. of Law, and President of Cass & Associates, In October 2007, in preparation for the World PC, gave a briefi ng to mission and other Health Organization’s (WHO) Intergovern- international and pharmaceutical organiza- mental Working Group (IGWG) meetings in tion representatives entitled, “Compulsory November, the Society helped to organize Licensing, Patent Pools and Public Health.” visits to several key missions to the UN by a Finally, in early December 2007, the group of experts. These experts briefed the nternational Affairs Federalist Society hosted a briefi ng to discuss the recent draft of “Human Rights Guidelines I for Pharmaceutical Companies in Relation to Access to Medicines” by Paul Hunt, UN Reconciling Intellectual Special Rapporteur on the Right to Health. Property & Public Health The Federalist Society, in partnership with the American Enterprise Institute François-Henri Briard, president of the Federalist by John S. Gardner Society’s Paris Chapter, moderates the Corporations panel (AEI), is in the process of restructuring its on American competitiveness at the National Lawyers NGOWatch website. Over the past year, Convention. both organizations have come to believe international organizations in order to ensure the need that NGOWatch sought to fi ll had that there is a fair hearing for such issues as shifted from one of simply monitoring vari-

2007 intellectual property protection principles. We ous NGOs to one of monitoring the global continue to make use of our media trained governance movement as a whole. The new experts to help combat unquestioning accep- Global Governance Watch website, which tance of diluted intellectual property rights focuses on four topical issue areas - Human by providing a diversity of media coverage. Security, National Security, Global Regula- A Federalist Society OCTOBER tion, and Development - seeks to provide its The Society was present at the World Health White Paper 2007 Organization’s 120th Executive Board Session visitors with a greater understanding of what in Geneva in January 2007. The Society has constitutes global governance, and why it ANNUAL REPORT REPORT ANNUAL permanent observer status at the World Intel- is important. The new website can be trade offi cials at the missions on the IGWG accessed at www.globalgovernancewatch.org. lectual Property Organization (WIPO), and report that was published in late July 2007, was able to have a presence at the Assemblies and which has been said to greatly overstep meeting in late September 2007. We remain the mandate of the WHO. Former USAID interested in any developments at the Council General Counsel John Gardner also authored on Human Rights and other, similar organiza- two important papers for the Federalist tions. Daily Reports from these meetings can Society that explored the problems with the be accessed on the Federalist Society’s website. IGWG report, which were sent to all of the Society representatives have opened a permanent missions to the UN in Geneva, dialogue with members of the European as well as to key pharmaceutical industry Parliament, as well as with U.S. missions to players. In addition, during the WHO’s the UN, UNESCO, and the EU, with the IGWG meetings in the fall, Ronald Cass,

Federalist Society Federalist 24 S pca Projects pecial

The three founders of the SPECIAL PROJECTS Federalist Society, Steven G. Calabresi, Lee Liberman Otis COMMEMORATE and David M. McIntosh, were awarded the 2007 Salvatori SILVER ANNIVERSARY Prize for American Citizenship by the Heritage Foundation. The 2007 Separation of Powers prize includes a monetary award of $25,000, which the founders Course Remains Popular contributed to the Society for the further advancement of U.S. Supreme Court Justice Antonin its mission. The founders are Scalia and Prof. John Baker Jr. of the pictured here holding their Paul Hebert Law Center of Louisiana State awards with Federalist Society President Eugene B. Meyer University presented their biennial Separa- (center), and Counselor T. tion of Powers CLE Course on September 10 Kenneth Cribb (right). and 11, 2007. The 10 hour CLE course was offered at the Ritz-Carlton, Bachelor Gulch in Avon, Colorado. The course was extremely popular and offered a unique opportunity for

attendees to receive instruction directly from FederalistSociety a Supreme Court Justice. Federal Society Organizes Iraqi Judicial Conference change in the legal system. These ideas were clips from each of the founders, and a discus- At the request of the State Department, presented as a contrast to the current state of sion of what the Society has accomplished, the Federalist Society hosted approximately fragmentation in the Iraqi and Kurdish legal by many who have supported its efforts since twenty members of the Iraqi and Kurdish Bar systems, in which there is little to no con- its inception. The 25th Anniversary Video can Associations in Washington, D.C. for a day- nection or communication between lawyers, be found at our website, www.fed-soc.org. long conference in November designed to judges, law students, and law professors. explore how the rule of law and the integrity th of the legal profession can be fostered through 25 Anniversary Video the formation of bar associations. Several Tells Society’s Story legal academics, distinguished attorneys, As part of the Federalist Society’s an- and senior Federalist Society staff addressed niversary celebration, the Society produced ANNUALREPORT theoretical concepts and principles, as well as a twelve minute video that highlights the practical opportunities for structuring the bar. achievements of the Society over the last 25 Presentations stressed the merits and stability years. The stirring video includes interviews of a legal community unifi ed by profession from U.S. Supreme Court Chief Justice John rather than by religious or political affi lia- G. Roberts and Justices Antonin Scalia, Clar- tion, and emphasized the power that such a ence Thomas and Samuel Alito, and a number unifi ed body, free from governmental control of Society participants. The video features an and intervention, can wield to effect positive interesting look at the Society’s history, with 2007 25 ational Press N

Monday, November 12, 2007 S

2007

3% Publicity Value 4%

ANNUAL REPORT REPORT ANNUAL by Media Type

Print

Total Media Impressions: 48% TV 138.3 million people 45% Radio Total Publicity Value: Online $8.01 million

By assisting with the placement of editorials and the arrangement of media interviews for select legal experts with television, print, radio, and online news reporters, the Federalist Society has raised public awareness on important legal issues of the day through signifi cant media coverage. The graph above illustrates the results of this effort.

Federalist Society Federalist 26 P

Publications and Web Site Deliver Message ublications The Federalist Society has always placed a Engage. The fl agship of Federalist Society ABA Watch. One of the Society’s most very high premium on its ability to bring publications, Engage has until last year ap- popular publications, ABA Watch, is a semi- debate and scholarship to the public. To that peared twice a year in print-bound version. annual newsletter, timed to coincide with end, the publications arm of the organization We are pleased to say that a third hardcover the ’s mid-year and has grown apace with the organization itself, issue has been added. Ideas are generated by annual meetings, and is meant to help readers so that there are now three regular newsletters our fi fteen Practice form an independent dealing with Group executive The Journal of the Federalist opinion of the orga- Society AUGUST

ABA 2007 INSIDE various legal committees. Articles Practice nization. The winter Groups WATCH institutions and in 2007 discussed issue featured tes- Th e ABA and Environmental Law Project of the he American Bar Association has were adopted in the early 1970s, at a time when E.L. Wiegand Tnot assumed a particularly visible major U.S. environmental policies were being Practice Groups or controversial role in influencing forged. Th ese policies concerned the Clean Air NOTA BENE environmental law and policy. Indeed, Act, citizen , public land policies, and the Association’s Business Section has water quality. phenomena, a climate change No Big Surprise: A Review of the Seattle Schools Case timony from the been as prolifi c as its environmental law In the 1990s, the House of Delegates adopted by Harry J.F. Korrell sections in setting policy. In the past year, policies related to CERCLA (Th e Comprehensive however, two high-profi le conferences and Environmental Response, Compensation, and a new book seek to raise the profi le of the Liability Act, i.e. “Superfund”). In 1990, the The Roberts Court’s Antitrust Jurisprudence: ABA in infl uencing environmental policy. ABA adopted policy supporting federal legislation Recommendations The Chicago School Marches On Additionally, a recommendation to be clarifying liability exemptions for fi duciaries and on the Katrina scholarly journal of litigation, the Vienna by Joshua D. Wright dispute over ABA considered by the House of Delegates at the recommended specific amendments affecting Commission, State 2007 ABA Annual Meeting in the allocation of responsibility and cleanup Secrets Privilege, Minding Moral Responsibility: The Supreme Court’s will seek to place the ABA’s imprint on procedures. In 1999, the House of Delegates and Judicial environmental legal policy. Th is article will adopted a recommendation intended to reduce Independence To Be Recent Mental Health Rulings survey the ABA’s environmental policies unnecessary litigation and to promote the Considered by Steven K. Erickson and actions as well as examine the proposed economic use of brownfi elds. Th is policy urged considerable length, Convention, univer- procedures connect- recommendation that the ABA House of legislation providing immunity from federal By the House of Delegates will consider on August 13. liability when contaminated property is subject Delegates at ABA Can the Golden State Catch a Greenhouse Waiver? Annual Meeting Past ABA Policies to a state brownfields program that protects by Jonathan H. Adler human health and the environment, ensures Page 2 Th e ABA House of Delegates has only public notice and participation, and is adequately How Patents Can Help Those Interested adopted about two-dozen policies since funded. Th e policy’s accompanying report noted, a member maga- ed with the 1970 concerning environmental law and Young Lawyers sal jurisdiction, NSA in the Environment and World Health Continued on page 20 natural resources. Several of those policies Division by F. Scott Kieff Debate on ABA Honors Justice Kennedy, Judge Berzon & “Super-Majority” New Opportunities for Defendants in Securities Class Actions Stephen Oleskey At Annual Meeting to Take Policy by Francis J. Menton, Jr. Positions zine and frequent surveillance, the Michael Wallace he ABA will honor a number of prominent judges and attorneys at its annual meeting Tin San Francisco. What follows are profi les of several of these individuals: Page 3 ABA Medal OOK EVIEWS Law Student B R In San Francisco, United States Supreme Court Justice Anthony M. Kennedy will Participation in receive the organization’s highest honor, the ABA Medal. David’s Hammer, Silence and Freedom, Pro Bono Activities white papers on a The Constitution’s Text in Foreign Affairs, nomination to the In a press release, ABA President Karen J. Mathis praised the decision to honor Justice Carhart decision, the Kennedy: “Th ere are so many reasons to honor this justice, including his dedication to Until Proven Innocent, Page 6 The Founders on Citizenship & Immigration Continued on page 16 variety of topics. Seattle Schools case, Volume 8, Issue 4 October 2007 U.S. Court of Ap-

The organization the Roberts Court’s peals, articles on the FederalistSociety screens its publications rigorously, feeling an mental health and antitrust rulings, attorneys’ ABA’s various stances on the War on Terror, obligation to its members in law school, the fees in class actions, gasoline regulation and and recommendations on judicial conduct, bar, the judiciary and elsewhere, to provide many exciting book titles and other topics. gun control, law student participation in pro quality material that is informative, rel- Transcripts from the 2007 National Lawyers bono activities, Katrina, state secrets privilege, evant, and balanced; for that reason, when Convention will appear in more than twelve and judicial independence. ABA Watch will Society publications stake out opinions, the law reviews in 2008. continue to provide information on the reader is directed to contrary viewpoints.

In observance of its twenty-fi fth anniver- www.fed-soc.org The continually evolving Federalist Society website is sary, the Federalist Society worked with Eagle a wealth of information on legal topics and current events, and a valuable Publishing to produce a book titled Original- resource for lawyers, professors, and law students. Visitors can browse ism: A Quarter-Century of Debate, an impres- the event calendar to learn of chapter activity and functions around sive collection of speeches, panel discussions, the country and register for upcoming events. The multimedia archive

features audio and video from conferences, panels, and speeches. It also and debates on the subject from some of the spotlights “Originally Speaking,” a monthly online written debate, ANNUALREPORT greatest and most prominent legal experts which offers legal experts an opportunity to discuss a wide gamut of cur- of the last twenty-fi ve years. The book rent legal and judicial issues. When the Supreme Court is in session, new features an introduction by Federalist Society SCOTUScasts are posted nearly every day, in which prominent legal co-founder Prof. Steven G. Calabresi, a fore- minds discuss the ramifi cations of oral argument and of decisions handed down by the Court. Every scholarly Federalist Society publication is word by U.S. Supreme Court Justice Antonin available online, and additional resources such as suggested reading lists Scalia and an epilogue by former U.S. and bibliographies are also offered. The website is an invaluable tool to Solicitor General Theodore Olson. assist research, stimulate discussion, provoke thought, and increase interest

in legal and public policy concerns. 2007 27 Association, to assist others in making a Milberg Weiss indictments, and state supreme White Papers. The Federalist Society grounded assessment of its role and infl uence court lead paint rulings, among other topics. increasingly turns out high level white papers in American jurisprudence. focused on particular issues or areas of

ublications interest. As a continuation of a State Courts State Court Docket Watch. This news- FALL letter, appearing four times in the year and ISSUE Project last fall, a number of white papers appeared on P largely composed by members of the Society’s nationwide Lawyers Chapters, reports on October 2007 www.fed-soc.org the jurispru- Selection to the

dence of state Kanctionsas Supreme to the the Courturt noteworthy trends, interesting decisions, and Sele Court FEBRUARY 2007 www.fed-soc.org Kansas Supreme Co controversial cases supreme courts Selectionby Steven J. Wato re 2006 Kansas Supreme STATE C O U R T 25th Anniversary by Steven J. Ware this year, Selection J. Ware to the that are of interest National Kansasby Steven Supreme Court ® Conference Honors Ware DocketWatch NOVEMBER Judicial Selection in the States Lawyers including 2007 by Steven J. outside their respec- tate courts’ judicial selection methods to replace him with a judge possessing Judge Robert H. are currently being challenged in an “originalist” approach to the state INSIDE Sseveral states throughout the country. constitution. Convention Whether initiated by state legislatures or When White announced his through litigation, these proposals, ranging retirement earlier this year, that is Kansas, exactly what conservatives expected. Bork from merely changing the composure of a tive jurisdictions. state’s judicial nominating commission to And those expectations were validated Inside: completely altering the method of judicial when Missouri Governor Matt Blunt selection, are receiving signifi cant attention immediately “committed to appointing from the legal community in their respective a Missouri Supreme Court judge who Student Chapter Update states and nationally. Th e following are will faithfully interpret our constitution Missouri, reports from some of the states considering and will not legislate from the bench.”2 Lawyers Chapter Update For that reason, the But conservatives cried foul when judicial selection reform. those administering the Missouri International Chapter Update Missouri Looks to Reform Court Plan—“the Appellate Judicial The Missouri Plan Commission”—gave Blunt the option State Courts Project NOVEMBER by Jonathan Bunch of picking White’s replacement from Tennessee, NOVEMBER NOVEMBERNOVEMBER2007 a panel of three judges whose records newsletter is mailed issouri’s judicial selection process— KANSAS 2007 2007 looked more like White’s than any 2007 known as the “Missouri Court Missouri Abortion Faculty Division M originalist’s. Even more disappointing Plan”—has been the subject of intense debate KANSASKANSAS to conservatives was the perception Statute Upheld in the state since Supreme Court Judge that the Appellate Judicial Commission In Part Ronnie White announced his retirement.1 KANSAS had attempted to force Blunt’s hand by and Wisconsin. Nationally, White is probably best known sending him three options, of whom the to every state as the Clinton judicial nominee who failed Missouri & New Jersey most palatable was also most like White to win confi rmation after Senator John in one critical way: she had been fi ercely Courts Reject Market- Ashcroft made the case that White would criticized for her record in criminal Share Liability in Lead be soft on crime. Ever since, conservatives cases.3 Paint Cases in Missouri have hoped for the opportunity ... continued page 14 These dis- appellate judge and Michigan Voter ID Student Division Update Gay Marriage Update: & Law Upheld by John Shu ay marriage litigation continues throughout the several states. Recently a trial Parental Law Lawyers Division Update court in Iowa struck down Iowa’s limitation of marriage to opposite-gender cussed the past G in the States: state attorney gener- couples, whereas the Maryland Court of Appeals upheld Maryland’s similar limitation. Maryland, Minnesota, Th is article, the fourth in a series, will briefl y analyze these cases. Pennsylvania Co-Founders Receive I. Iowa In Varnum v. Brien, the Iowa District Court for Polk County ruled on summary California State Courts Salvatori Award judgment that Iowa Code § 595.2(1) violated the plaintiff s’ due process and equal orientation Update © Chas Geer Photography al, many trial judges, ... continued page 22 and an extensive list and change in direction of the jurispruden- of corporate general counsels. Issues covered A Day at Guantanomo Bay tial philosophy of these courts, in an effort to 2007 this year include same-sex marriage, state raise awareness of some of the issues at stake abortion laws, public school funding, judicial in state . A number of white papers speech and elections, union legal fees and on other subjects appeared as well, including collective bargaining rights cases, and asbestos papers on Intellectual Property, civil rights litigation, among others. The Federalist Paper. The in-house and climate change litigation. These white magazine of the Federalist Society, the Federal- papers are meant to generate a higher level Class Action Watch. Published to apprise ist Paper comes out in the winter, summer and of debate about important matters of law both Society membership and the public fall. Highlighting some of the activities and and policy. ANNUAL REPORT REPORT ANNUAL at large of recent trends and cases in class events of Society Chapters, Practice Groups, Though the organization seeks to action litigation, and individual members, the magazine is Class produce material that will encourage dis- Class Action Watch has SEPTEMBER Action Watch 2007 meant to give members a sense of the kind Omission in FACTA Might Be Windfall for Plaintiff ’s Bar by INSIDE cussion over timely legal and public policy n 2003, Congress passed reported this year on Ithe Fair Credit Transactions date. Plaintiff s argue that the Act (FACTA), with the goal printing of the expiration date of preventing identity theft. alone violated the ambiguous of engagements occupying particularly active Th e Act restricts information statute and, with no dispositive that can be printed on court or regulatory ruling on developments, it is important to note that the electronically-generated the meaning of “or,” and the ALI’s Principles credit-card receipts: “no millions of potential violations person that accepts credit cards or debit occurring every day in the fi rst weeks after FACTA cards for the transaction of business shall took eff ect, such an opportunity has attracted the chapters, students, and lawyers. Each divi- print more than the last 5 digits of the card entrepreneurial trial bar. Th e Chicago law fi rm of number or the expiration date upon any Edelman, Combs, Latturner & Goodwin, LLC4 Society takes no position on particular issues. receipt provided to the cardholder at the has been advertising for clients to bring class project, Vioxx point of the sale or transaction.”1 “Willful” actions;5 Los Angeles fi rm Spiro Moss Barness violation of FACTA entitles a plaintiff to LLP has fi led more than forty lawsuits.6 recovery between $100 and $1000, plus Th ere are state law precedents to both the sion of the Society reports on some of the punitive damages (if the violation was federal law and the litigation. For example, Ohio knowing) and attorney’s fees.2 Unlike many has a similar law, which passed and took eff ect in 3 7 Opinions expressed in the organization’s pub- other statutes with statutory damages, there 2004. An entrepreneurial lawyer, John Ferren, ALI Principles litigation, the use is no cap on total recovery under FACTA. and his client, Nathaniel Burdge, brought a series And Litigation Thus, in a class action, damages for a of suits. Burdge “purposely made purchases at Trends “willful” violation could be in the hundreds stores that were printing his expiration date on more noteworthy events of the past season, of millions. his receipt in order to recoup statutory damages FACTA took effect on December totaling at least $12,800.”8 But Ohio’s law required Fact-Based 9 Scrutiny Reaches lications are those of the authors, not of the 4, 2006. For reasons not in the record a plaintiff to be “a person injured by a violation.” of fluid recovery of any of the cases, much of the retail Courts found that Burdge’s deliberately seeking Antitrust & industry interpreted the statute to permit out credit card receipts suggested profi t-seeking, Securities the printing of credit card and debit card rather than injury, rejected his suit and sanctioned Actions including such things as the annual Student receipts that included three to fi ve of the last him and his attorney $3,000.10 Burdge had

digits of the credit card and the expiration continued page 15 Fluid Recovery: Society itself, and readers are encouraged to as common proof, the Manufacturing New Jersey and Missouri Supreme Courts Reject “Common” Proof? Symposium and National Lawyers Conven- Lead Paint Public Nuisance Claims by Mark Behrens & Christopher Appel Has the Eleventh respond to what appears in those publications Circuit Set A n June of 2007, the Missouri and New Jersey Supreme Courts issued important rulings New Standard subsidence of welding Irejecting public nuisance claims in mass actions against former lead paint and pigment manufacturers. Th e courts’ decisions may have a signifi cant infl uence on courts deciding for Federal similar lead paint cases and in other cases where plaintiff s may seek to avoid traditional Diversity tion. The State Courts Project and Faculty products liability and class certifi cation requirements through government-sponsored Jurisdiction? public nuisance claims. and to submit ideas or articles about trends fume mass torts, omis- continued page 8 and International Law Divisions provide and developments in the law themselves. sions in FACTA, the updates on their respective doings as well.

Federalist Society Federalist 28 B enefactors DONORS INCREASE CONTRIBUTIONS, S OCIETY EXPANDS PROGRAMS The Federalist Society continues to grow at a fast pace – in number of chapters, in number of people involved in our community, in number of people exposed to our ideas. None of this would be possible if our revenue didn’t continue to grow as well. As a matter of fact, it is the revenue growth that determines how many additional volunteers we can support to plan and produce our programming across the country and how many events we can ultimately add to our schedule. The increasing number of programs determines how many people the Federalist Society can actually reach with its message of traditional legal values such as limited government, the separation of powers, individual liberty and responsibility, and the rule of law. Fortunately, our revenue has been increasing steadily since 2003. In fact, we reached an all-time high of $9.2 million in fi scal year 2007, a 26.4 % increase over 2006. This increase in revenue is, in part, due to more and more people being exposed to the work of the Federalist Society, and subsequently wanting to support us fi nancially because they believe we are successfully working to change the legal culture. We are extremely grateful for these new donors. As we develop into a bigger organization and become better known we are attracting larger contributions. But even though these signifi cant contributions have allowed the Society to expand rapidly there is no way we can adequately thank those who have been with us from the beginning, some since their law school days. Many of these long-time supporters are now members of the James Madison Club. Membership in the James Madison Club is open to those who contribute $1,000 or more annually to the Federalist Society. In recognition

of the commitment of these individuals, foundations and corporations, a list of the current members of the James Madison Club appears below: FederalistSociety 2007 James Madison Mr. and Mrs. Robert A. Brian Brille* Law Enforcement Legal Club Roster Levy Castle Rock Foundation Defense Fund Lilly Endowment, Inc. Coca-Cola Bottlers’ Roger Milliken Madison Club Platinum The Marcus Foundation, Association The John William Pope ($100,000 or more) Inc. George and Kellyanne Foundation Anonymous (1) Microsoft Conway* The Rosenkranz American Justice Pfi zer Inc The Shelby Cullom Davis Foundation Partnership Sarah Scaife Foundation Foundation Lawrence Auriana Edward Diefenthal Lynde & Harry Bradley William E. Simon Gibson, Dunn & Crutcher Foundation Foundation Foundation Paul Singer Cortopassi Institute IFPMA The Thomas W. Smith E.L. Craig Foundation JM Freedom Foundation

Foundation ANNUALREPORT Donors Capital Fund Ewing Marion Kauffman Trof, Inc. Frank and Sally Hanna Foundation The Holman Supporting Madison Club Gold ($50,000 The F.M. Kirby Foundation, Federalist Society Board of Visitors Foundation to $99,999) Inc. members Robert A. Levy (right) and Prof. Lillian BeVier, and her son Nicolas Anonymous (4) Charles G. Koch Charitable Altree, socialize before the Annual

Koch Industries Baker Hostetler LLP Foundation Dinner. 2007 29 U.S. Chamber of Madison Club Benefactors Michael and Rosalind TimeWarner Commerce ($10,000 to $24,999) Keiser Charitable Trust Troutman Sanders LLP Anonymous (7) Kirkland & Ellis Foundation Venable LLP

enefactors Madison Club Silver ($25,000 Lakeside Foundation Sheila Walpin* to $49,999) Achelis Foundation AFLAC The Lehrman Institute Wiley Rein LLP

B Anonymous (3) Alston & Bird, LLP Mayer Brown LLP Partners of Willkie, American McCarter & English LLP Farr & Gallagher LLP Association ALTHA The Modzelewski WilmerHale Michael and Lillian BeVier* Anschutz Foundation Endowment Wilson Sonsini LLC Bancroft Associates National Mining Goodrich & Rosati Daimler Chrysler Brauer Charitable Trust Association Winston & Strawn LLP Corporation Fund Joseph Canizaro Joe O’Donnell Wyeth Pharmaceuticals The Earhart Foundation Ceres Foundation Ogletree Deakins Fred Young Jr. William S. Edgerly Chase Foundation Patton Boggs LLP Pierre & Enid Goodrich of Virginia Paul, Hastings, Janofsky & Madison Club Sustaining Members Foundation Civil Justice Reform Group Walker LLP ($5,000 to $9,999) The Heritage Foundation Cooper & Kirk, PLLC Mitt and Ann Romney/ David C. Humphreys Douglas R. Cox Goldman Sachs Akin Gump Strauss Randy Parris Kendrick DaimlerChrysler LLC Daniel Shuchman Hauer & Feld LLP Knights of Columbus The Hugh and Hazel Sidley Austin LLP Emil Arca

2007 James Leininger Darling Foundation Robert S. and Dian G. The Armstrong Foundation Carl Lindner Richard and Helen Smith* Lily Auchincloss Philip M. McKenna DeVos Foundation Spriggs & Hollingsworth Foundation, Inc. Foundation Dickstein Shapiro LLP Steptoe & Johnson LLP Bartlit Beck Herman Merck & Co., Inc. DLA Piper The Hatton Sumners Palenchar & Scott LLP Progress for America The William H. Donner Foundation Gregory Barton Voter Fund Foundation Nicholas J. Swenson Wendell Bird John and Carol Saeman ExxonMobil Corporation Susan Braden ANNUAL REPORT REPORT ANNUAL The Stuart Family Roger Brooks

Goodwin Procter Foundation Greenberg Traurig Brownstein, Hyatt & Sullivan & Cromwell LLP Gulton Foundation Farber LLP Verizon Communications William Carey William L. Walton Christopher Damon Haig Grover Hermann The Challenge Foundation White & Case LLP Ying Chen Yancey Bros. Co. Foundation Margaret M. Hill ChevronTexaco Foundation Coca-Cola Bottling Hogan & Hartson LLP Company United Hunton & Williams LLP G.L. Connolly Foundation Erika Birg and Susanna Dokupil, both Contran Corporation Jewish Communal Fund James Madison Club members, meet at Covington & Burling Jones Day the National Lawyers Convention.

Federalist Society Federalist 30 B enefactors Madison Club Supporting Kaplan, Inc. Austin Community Members ($2,000 - $4,999) John and Mary Lee Foundation Anonymous (3) Malcolm John S. Baker Jr. Amgen Inc. Douglas Kirk Mayer Randy E. Barnett Edward C. Anderson William Mumma Bob Barr Jodi Balsam Barbara R. and James T. Barry III H. Christopher Richard C. Neal Gregory Barton Bartolomucci Thomas P. Ogden Charles Bell Erika Birg D. Joseph Olson Brad Berenson Ron and Suzie Cass San Orr Jan Cox Berlage Recent Harvard grads and James Madison Will Chou Robert Parker George W. Bermant Club members Hashim Mooppan and Heidi Bernheim Lee Rudofsky converse with Justice Gregory S. Coleman Mark Perry Richard Sanders of the Washington State Theodore M. Cooperstein* Thomas Phillips Lawrence Bernheim Supreme Court at the Annual Dinner. Richard Cummins Roger Pilon Ryan C. Berry Paul Pisano Stuart R. Birn Dick & Betsy DeVos Nina Cunningham Jack David Sara Church Reese Thomas Bishop Foundation* Francis Blake* J. Christopher Donahue Antoinette and Paul Wm. Bradford Reynolds*

The William F. Donner DeCamp Leslie Rose* FederalistSociety Foundation Robert J. Ernst III Sheldon Rose* Donor’s Trust Daniel Finley Shook, Hardy & Bacon LLP Howrey LLP Georgia Community Andrew Siff The Krieble Foundation Foundation Paula Stannard* Latham & Watkins John and Lois Herrington* Frank B. Strickland Joseph McLaughlin Karl Hirshman Peter A. Thiel Joanne and Fred Medero Mark Holmes Bonnie Wachtel* Munger, Tolles & Judith Jacobs* Lynn Wardle Olson LLP J. Michael Wiggins Carl Nuessle Richard Willard* James Madison Club members William and Lee Otis* Daniel J. Woodring Manuel Klausner, John Malcolm, and Zappala Family Foundation Roger Pilon enjoy the reception at Raytheon the Convention.

The Rodney Fund

The Roe Foundation Madison Club Members C.H. Boyle Foundation ANNUALREPORT Adam and Tara Ross ($1,000 - $1,999) William Brooke Joseph and Mary Smith Anonymous (3) Barbara Bruin Swire Coca-Cola, USA Alden F. Abbott John Stewart Bryan III* The John Templeton James Madison Club member Prof. Gail Mike K. Ain W. Stephen Cannon Foundation Heriot, John Fund of the Wall Street Douglas W. Anderson Willard Z. Carr Jr. Herbert W. Vaughan* Journal, and of the Fred Anton III Paul Cellupica and her daughter, Delany, pose for a picture at the James David L. Applegate Ernest S. Christian Madison Club Reception. Adrienne Atkinson Roger Clegg 2007 31 Margaret Foran Charles Hwang Letty McAdams David C. Forte Nancy Iredale Sean C. McAvoy Theodore Frank Erik S. Jaffe Jennifer McCain enefactors Tim Franzen William Jernigan John McGinnis George S. Frazza Christine Johnson Simone Mele

B Sandra Froman James Johnson Francis J. Menton Jr.* Christopher and Paul Jones Matthew D. Michael Courtenay Gabriel Clark Judge Mark Mittleman Paul V. Gadola Paul J. Kaleta Hashim Mooppan Nat and Abby Moffat (left) and Diana Spencer (right) of the Shelby Cullom Curtis E.Gannon Shahab S. Karmely Edward A. Moritz Davis Foundation visit with Federalist William R. Garwood Thomas J. Kavaler Richard T. Morrison Society President Eugene B. Meyer and Cary Gaylord Lawrence Keane Peter Mulloney his wife, Lori, (center) after the Barbara K. Olson Memorial Lecture. Thomas F. Gede James P. Kelly III David Murray Stuart M. Gerson Orin S. Kerr National Beer Wholesalers George Gillespie III Manny Klausner Association Andrew Richard Cochran Jonathan Cohn and Charles P. Gilliam Howard J. Klein Jeffrey T. Neilson Rachel Brand Robert J. Giuffra Jr. Alex Kozinski Douglas Nelson George E. Coleman Paul Glenchur Vernon K. Krieble David Novak Foundation Elizabeth Gobeil Foundation Coleman A. Nutter* Shannon L. Goessling Jeffrey Kubin James O’Connell

2007 Sean C. Conners Charles J. Cooper James L. Graham William Kuntz Thomas P. Ogden Trevor K. Copeland Dorothy Gray* Raymond LaJeunesse Jr. Ian Marshall Ogilvie Ralph Coti Geoffrey L. Graybill Grant Lally* Theodore Olson* Stephen John Cox Thomas P. Griesa Kenneth K. Lee John O’Neill Carol T. Crawford Gregory Grimsal Brian J. Leske Dwight D. Opperman Paul Dans Eric D. Hargan* Andrew Lester* John C. O’Quinn Anthony D’Auria R. Britt Harris Jr. Raymond Wm. Leyden Kevin O’Scannlain Marion Edwyn Harrison Marc R. Lisker Hugh Overholt ANNUAL REPORT REPORT ANNUAL J. Kennerly Davis

John and Karen Dodd Steve Hartung Robert L. Lofts Donald Padgitt Susanna Dokupil Brent O. Hatch Wendy Long Scott M. Pearson Elizabeth Dorminey Robert C. Hawk Karen Lugo Eric J. Pelton Pete and Elise duPont Jim Haynes Letty Lutzker* Lovett Peters Chris Ekren Sandra Hecker Gregory Maier Charles W. Pickering Anne Eldridge Gail Heriot Donald Malinak Holly Pierson William J. Emanuel Karl Hirshman MaryRose Manczak Stephen D. Poss L. Jackson Etheridge* Robert H. Hishon Karen L. Manos George Priest Nolly S. Evans James and Allyson Ho Edmund Manwell Alfred W. Putnam Jr. R. Scott Feldmann James Huffman David Martin Alan Charles Raul Fred Fielding J.C. Huizenga Michael Massengale Alfred S. Regnery Michael C. Flynn William T. Huston* Steve A. Matthews Richard Rideout

Federalist Society Federalist 32 B enefactors James F. Rill* Edmund Carpenter Steven J. Law David B. Rivkin Christian Castle Nicholas Lowe James M. Rockett Adam H. Charnes Brian J. Maas Ronald Rotunda Jeffrey Bossert Clark Perry E. Maguire Lee and Soraya Rudofsky John T. Delacourt Adam Meyerson John L. Ryder James M. Dester Joseph W. Morris Robert L. Scarborough Douglas Dunn Adam Mortara Gene Schauer Joe D. Edge Glen Nager James Madison Club members Emil Arca Stephen W. Erickson Mary B. Neumayr Peter Carey Schaumber and Vincent Vitkowsky of New York Donald Shawler offer encouragement to law students John Evangelakos Dennis R. Nolan Robert P. Sheils Jr. Andrew Knaggs of Willliam and Mary Daniel Tyrone Fahner Charles M. Oellerman School of Law and Jeff Powell of St. Paul R. Farago Robert R. Orellana Douglas G. Smith Louis University School of Law during Loren Smith the National Lawyers Convention. Charles Fried John J. Park Jr. Jerry B. Fulmer Robert and Gene Pratter Mark W. Smith David Weinstein Sean Gallagher Charles J. Queenan Abraham Sofaer* Hill B. Wellford Patrick Garry Larry E. Ribstein John J. Soroko* Steadman Westergaard Garvey Kansas Foundation Michael E. Rosman* Jeffrey Spears Rando Wick Arthur Gollwitzer III Maimon Schwarzchild Kenneth W. Starr*

Richard E. Wiley A. William Goodwyn Jr. Robert M. Segal FederalistSociety Nicholas John Stathis* Michael F. Williams Mark S. Goracy Norman J. Silber Charles Henry Still William Reynolds John S. Hahn Paul Simpson James M. Stoneman Williams* Michael F. Harron Russell C. Slanover Charitable Fund John Witten R. Charles Henn Jr. Edward E. Steiner Robert L. Strickland* Woodford Foundation Huizenga Foundation Jeffrey P. Taft J. Robert Suffoletta Jr. Christopher A. Wray Mr. and Mrs. Arthur Kniffen Clifford and Lucille Taylor Thomas Milburn Sweeney Moin A. Yahya Michael I. Krauss Jobie S. Turner Glenn Sulmasy James W. Ziglar Jack Kress Scott M. Univer Heath Price Tarbert Julius J. Zschau Roger Yurchuck Michael Thielen David H. Thompson Federalist Society Patrons Larry D. Thompson ($500 - $999) * Denotes individuals who are

Michael and Janet Tierney Anonymous (1) Founding Members of the James

Grey Till Jr. Gary Adams Madison Club. ANNUALREPORT Eric W. Treene James E. Anklam Charles J. Vasilius William W. Barrett G.L. Jidge Verity Warren Belmar Vincent Vitkowsky Tanya Bidwell David J.Volk H. Michael Biscan Michael B. Wallace Mark Brnovich W. Thomas Haynes of Atlanta escorts his John L. Warden David R. Brown daughter, Megan Haynes, to the James Donn Weinberg Reginald Brown Madison Club Reception. 2007 33 Student Chapters AKRON FLORIDA 2 ALABAMA INTERNATIONAL ALBANY FLORIDA STATE Chapters AMERICAN FORDHAM APPALACHIAN FRANKLIN PIERCE ARIZONA GEORGE MASON ARIZONA STATE GEORGE WASHINGTON -Fayetteville GEORGETOWN ARKANSAS-Little Rock GEORGIA GEORGIA STATE AVE MARIA GOLDEN GATE BALTIMORE GONZAGA BARRY HAMLINE BAYLOR HARVARD BERKELEY-Boalt Hall HASTINGS BOSTON COLLEGE HAWAII BOSTON UNIVERSITY HOFSTRA BRIGHAM YOUNG 2 HOUSTON 2 4 BROOKLYN HOWARD BUFFALO IDAHO CALIFORNIA WESTERN ILLINOIS CAMPBELL -Bloomington CAPITAL INDIANA-Indianapolis CARDOZO INTER AMERICAN CASE WESTERN RESERVE PUERTO RICO HAWAII CATHOLIC IOWA 9 CHAPMAN JOHN MARSHALL-Atlanta 2007 CHARLESTON JOHN MARSHALL-Chicago CHICAGO JUDGE ADVOCATE GEN- 3 CHICAGO-KENT ERAL SCHOOL CINCINNATI KANSAS CITY UNIVERSITY NEW YORK KENTUCKY CLEVELAND STATE LA VERNE 2 COLORADO LEWIS & CLARK-Northwestern MONTANA COLUMBIA LIBERTY NEBRASKA CONNECTICUT LOUISVILLE NEVADA-Las Vegas OKLAHOMA LOYOLA-Chicago CORNELL NEW ENGLAND OKLAHOMA CITY LOYOLA-Los Angeles NEW MEXICO OREGON ANNUAL REPORT REPORT ANNUAL CREIGHTON LOYOLA-New Orleans NEW YORK PACE CUMBERLAND LSU LAW SCHOOL PENNSYLVANIA DAVIS, CALIFORNIA MAINE NORTH CAROLINA PEPPERDINE DAYTON MARQUETTE NORTH CAROLINA PHOENIX DENVER MARYLAND CENTRAL PITTSBURGH ST. LOUIS DePAUL McGEORGE NORTH DAKOTA PONTIFICAL CATHOLIC ST. MARY’S -Mercy MEMPHIS NORTHEASTERN UNIVERSITY OF ST. THOMAS-Miami DICKINSON-Penn State MERCER NORTHERN ILLINOIS PUERTO RICO ST. THOMAS-Minneapolis DISTRICT OF COLUMBIA MIAMI NORTHERN PUERTO RICO SAN DIEGO DRAKE MICHIGAN KENTUCKY QUINNIPIAC SAN FRANCISCO DUKE MICHIGAN STATE NORTHWESTERN REGENT SANTA CLARA DUQUESNE MINNESOTA NOTRE DAME RICHMOND SEATTLE EMORY MISSISSIPPI NOVA SOUTHEASTERN ROGER WILLIAMS SETON HALL FLORIDA MISSISSIPPI COLLEGE NYU RUTGERS-Camden SOUTTHERN FLORIDA A&M MISSOURI-Columbia OHIO NORTHERN RUTGERS-Newark CALIFORNIA FLORIDA COASTAL MISSOURI-Kansas City OHIO STATE ST. JOHN’S SOUTH CAROLINA

Federalist Society Federalist 34 Chapters

VANDERBILT LITTLE ROCK VERMONT LONG ISLAND VILLANOVA LOS ANGELES VIRGINIA LOUISVILLE WAKE FOREST MACON WASHBURN MEMPHIS WASHINGTON MIAMI WASHINGTON (St. Louis) MILWAUKEE WASHINGTON & LEE MINNEAPOLIS 4

7 WAYNE STATE MISSISSIPPI WEST VIRGINIA MONTGOMERY WESTERN NEW ENGLAND NASHVILLE 2 2 2 WESTERN STATE NEBRASKA 2 2 WHITTIER NEW JERSEY 6 2 7 WIDENER-Wilmington NEW MEXICO 2 3 2 WIDENER-Harrisburg NEW ORLEANS WILLAMETTE NEW YORK CITY 2 WILLIAM & MARY NORFOLK 2 WILLIAM MITCHELL NORTH COAST (CA)

2 WISCONSIN OKLAHOMA CITY 2 6 WYOMING ORANGE COUNTY 2 YALE ORLANDO PHILADELPHIA Lawyers Chapters PHOENIX

3 PITTSBURGH

FederalistSociety

2 ALASKA PORTLAND ALBANY PUGET SOUND ATLANTA RALEIGH AUSTIN RICHMOND BALTIMORE SACRAMENTO 3 BIRMINGHAM ST. LOUIS BOSTON SALT LAKE CITY Student Chapters BUFFALO SAN DIEGO Lawyers Chapters CHARLESTON SAN FRANCISCO CHARLOTTE SILICON VALLEY CHICAGO SOUTH CAROLINA CINCINNATI TALLAHASSEE 2 2 4 CLEVELAND TAMPA BAY 2 COLUMBUS TULSA COLORADO VENTURA COUNTY SOUTH DAKOTA DALLAS WASHINGTON, DC 32 SOUTH TEXAS 4 DETROIT WEST VIRGINIA

SOUTHERN TEMPLE GRAND RAPIDS WILMINGTON ANNUALREPORT NEW ENGLAND TENNESSEE GREENVILLE WYOMING SOUTHERN ILLINOIS TEXAS THOMAS GOODE JONES HARTFORD SOUTHERN TEXAS TEXAS SOUTHERN HOUSTON SOUTHERN TEXAS TECH TOLEDO IDAHO UNIVERSITY TEXAS WESLEYAN TOURO INDIANAPOLIS SOUTHWESTERN THOMAS COOLEY- TRINITY IOWA SMU Lansing TULANE JACKSONVILLE STANFORD THOMAS COOLEY- TULSA KANSAS-Wichita STETSON Grand Rapids UCLA KANSAS CITY SUFFOLK THOMAS COOLEY- UTAH LAS VEGAS

SYRACUSE Rochester VALPARAISO LEXINGTON 2007 35 inancial Statements F

2007

ANNUAL REPORT REPORT ANNUAL

Federalist Society Federalist 36 F

inancial Statements

FederalistSociety

ANNUALREPORT 2007 37 inancial Statements F

2007

ANNUAL REPORT REPORT ANNUAL

Federalist Society Federalist 38 F

inancial Statements

FederalistSociety

ANNUALREPORT 2007 39 inancial Statements F

2007

ANNUAL REPORT REPORT ANNUAL

END OF AUDITED FINANCIAL STATEMENTS

Federalist Society Federalist 40 NATIONAL CONFERENCE ATTENDANCE FEDERALIST SOCIETY MEMBERSHIP GROWTH FEDERALIST SOCIETY PROGRAM GROWTH National Lawyers Convention and Student Symposium Local and National Involvement 1,600 Student Symposium 50,000 3,000 Lawyers Convention 1,400 Practice Groups Lawyers Chapters 2,500 1,200 40,000 Students

1,000 2,000 Members Total Number of 30,000 800 Total 1,500 Programs Attendance 600 1,000 20,000 400

500 200

0 10,000 0 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007 Calendar Year Calendar Year Calendar Year

FEDERALIST SOCIETY REVENUE GROWTH FEDERALIST SOCIETY EXPENDITURES-FISCAL Y EAR 2007 General Management $9,000,000 Development $8,000,000 Programming 5% 7% $7,000,000

$6,000,000 Revenue $5,000,000

$4,000,000 88%

$3,000,000

$2,000,000

$1,000,000

0 2003 2004 2005 2006 2007 Calendar Year The Federalist Society for Law and Public Policy Studies 1015 18th Street, N.W. • Suite 425 • Washington, D.C. 20036 (202) 822-8138 • [email protected] • www.fed-soc.org