2017 AAAL Spring Meeting

April 6-8, 2017 Omni Parker House • Boston, MA 2017 AAAL Program Schedule Spring Meeting

10:30 am–10:45 am Thursday, April 6, 2017 Break

5:30 pm–7:30 pm 10:45 am–12:15 pm Registration Panel of State Court Justices The New England region is unique in that four of its states have 6:00 pm–7:30 pm no intermediate appellate court. Justices from those courts will Opening Reception discuss how the lack of an intermediate appellate court impacts case processing, decision-making, and advocacy. The justices will also share their views on the roles of legal scholarship and Friday, April 7, 2017 amicus briefs at the state supreme court level, as well as their 7:30 am–3:30 pm individual perspectives on appellate advocacy. Registration PANELISTS 7:30 am–9:00 am The Hon. Donald G. Alexander Continental Breakfast Associate Justice, Maine Supreme Court 7:45 am–8:45 am Portland, Maine New Fellow Orientation The Hon. Carol A. Conboy Associate Justice, New Hampshire Supreme Court 8:45 am–9:00 am Concord, New Hampshire Welcome Remarks The Hon. Robert J. Cordy (Ret.) Susan Freeman, AAAL Fellow McDermott, Will and Emery Lewis Roca Rothgerber Christie LLP Phoenix, Arizona Boston, Massachusetts The Hon. Harold E. Eaton Jr. 9:00 am–10:30 am Associate Justice, Vermont Supreme Court Perspectives on Mooting Montpelier, Vermont While one of the keys to an effective oral argument is an effective moot, appellate attorneys rarely discuss how to moot. Moreover, The Hon. Paul A. Suttell time and financial constraints can make mooting difficult. Chief Justice, Rhode Island Supreme Court Panelists with expertise in arguing cases at all levels will lead a Providence, Rhode Island discussion about mooting, with emphasis on how to prepare to moot and how to tailor the moot to the needs of the advocate and MODERATOR the case. Lauren E. Jones, AAAL Fellow Jones Associates PANELISTS Providence, Rhode Island Dori Bernstein Director, Supreme Court Institute 12:30–1:45 pm George Washington University Law Center Luncheon Washington, D.C. SPEAKER Mark C. Fleming, AAAL Fellow WilmerHale Maura T. Healey Boston, Massachusetts Attorney General, Commonwealth of Massachusetts Boston, Massachusetts Christopher M. Johnson New Hampshire Appellate Defender 1:45 pm–2:00 pm Concord, New Hampshire Break Claire Laporte Foley Hoag LLP 2:00 pm–3:30 pm Boston, Massachusetts Panel of Federal Court Judges A panel of judges from the First and Second Circuits will share MODERATOR their perspectives on what is unique about practice in those David M. Rothstein, AAAL Fellow circuits. In addition, the judges will weigh in on the value of legal New Hampshire Public Defender scholarship and amicus briefs in federal circuit practice as well Concord, New Hampshire as offer their insights into appellate advocacy.

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PANELISTS Arthur D. Hellman, AAAL Fellow Professor of Law, Sally Ann Semenko Endowed Chair The Hon. David J. Barron Judge, U.S. Court of Appeals for the First Circuit University of Pittsburgh School of Law Boston, Massachusetts Pittsburgh, Pennsylvania The Hon. Peter W. Hall Kate Shaw Judge, U.S. Court of Appeals for the Second Circuit Associate Professor of Law, Cardozo Law School Montpelier, Vermont New York, New York The Hon. William J. Kayatta Jr. MODERATOR Judge, U.S. Court of Appeals for the First Circuit Portland, Maine Mary L. Bonauto, AAAL Fellow The Hon. O. Rogeriee Thompson GLBTQ Legal Advocates & Defenders (GLAD) Judge, U.S. Court of Appeals for the First Circuit Boston, Massachusetts Providence, Rhode Island 10:30 am–10:45 am MODERATOR Break John M. Greabe Professor of Law, University of New Hampshire 10:45 am–Noon School of Law Legal Scholarship, Law Schools, and Appellate Advocacy Concord, New Hampshire Law professors generate scholarly articles to secure tenure, 3:30 pm–6:30 pm attain prominence in their areas of specialty, and advance legal Free Time thought and discussion. Appellate advocates read them in the hope that the articles can persuade judges that the law is or 6:30 pm–7:30 pm should be on their side. Does legal scholarship win appellate Reception cases? How can appellate advocates maximize the impact of 7:30 pm–10:00 pm legal scholarship? The speakers, who are experienced clinical Dinner and Induction Ceremony educators, will also discuss academic approaches to teaching appellate advocacy.

Saturday, April 8, 2017 PANELIST Pamela S. Karlan, AAAL Fellow 8:00 am–Noon Kenneth and Harle Montgomery Professor of Public Registration Interest Law and Co-Director, Supreme Court Litigation 8:00 am–9:00 am Clinic, Stanford Law School Continental Breakfast Stanford, California 9:00 am–10:30 am Brian Wolfman Director of Appellate Courts Immersion Clinic The Strategic Use of Amici Associate Professor of Law Appellate practice in the U.S. Supreme Court essentially requires Georgetown University Law Center the advocate to recruit amici. Appellate advocates in state supreme and federal circuit courts may feel similar pressure. Washington, D.C. The panelists will discuss the pros and cons of employing amici, the effectiveness of legal scholars as amici, and which amici are Noon–12:30 pm perceived to be most persuasive. AAAL Business Meeting

PANELISTS 2:00 pm–3:30 pm Felicia H. Ellsworth Optional Freedom Trail Tour WilmerHale Walk into history along the famous red line with the Freedom Boston, Massachusetts Trail Players, 18th-century costumed guides. $15/person Richard H. Fallon Jr. Story Professor of Law, 6:30 pm Cambridge, Massachusetts Optional Dine Around

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The Hon. Donald G. Alexander Dori Bernstein Associate Justice, Maine Supreme Court, Portland, Maine Director, Supreme Court Institute, George Washington University Donald Alexander was appointed to the Maine Law Center, Washington, D.C. Supreme Judicial Court in 1998. He previously Dori Bernstein is the director of the Supreme served on the Maine Superior Court and the Court Institute at Georgetown University Law Maine District Court. He was a deputy attorney Center, where she runs a moot court program general for the state of Maine from 1976–1978 that provides argument preparation for and an assistant attorney general from 1974– counsel in virtually every case heard by the 1975. He joined the Attorney General’s Office U.S. Supreme Court each term. Ms. Bernstein after serving in Washington, D.C. as an served for many years as an appellate litigator assistant to Maine Senator Edmund S. Muskie and as legislative in the Office of General Counsel at the U.S. counsel for the National League of Cities. Equal Employment Opportunity Commission, where she briefed and argued cases in the U.S. Courts of Appeals for the Fourth, Justice Alexander is the author of The Maine Jury Instruction Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits. Manual (2016 ed.) and Maine Appellate Practice (4th. ed. 2013); She previously worked as a law clerk to then-Judge Ruth Bader a principal editor of The Maine Rules of Criminal Procedure with Ginsburg on the U.S. Court of Appeals for the D.C. Circuit, as a Advisory Notes and Comments (2016 ed.) and The Maine Rules staff attorney in the Office of the Chief Staff Counsel for the D.C. of Civil Procedure with Advisory Committee Notes and Practice Circuit, and as a trial attorney in the Civil Rights Division of the Commentary (2008); and a contributing editor to Uniform Maine U.S. Department of Justice. She is a graduate of New York Citations (2016 ed.). He was an adjunct faculty member at the University Law School and earned an LLM in appellate advocacy University of Maine School of Law (2007–2015) and was on the as a fellow in the Appellate Litigation Clinic at Georgetown Law. faculty of the Harvard Law School Trial Advocacy Workshop from 1980–2009. He is the Court’s liaison to the Advisory Committee on the Maine Rules of Appellate Procedure, the Mary L. Bonauto, AAAL Fellow Advisory Committee on the Maine Rules of Evidence, the Maine GLBTQ Legal Advocates & Defenders, Boston, Massachusetts State Bar Association Continuing Legal Education Committee, Mary Bonauto is the civil rights project and the Cleaves Law Library. Justice Alexander graduated from director of GLBTQ Legal Advocates & Bowdoin College and the University of Chicago Law School. Defenders (GLAD). As GLAD’s civil rights project director since 1990, Ms. Bonauto has The Hon. David J. Barron litigated discrimination issues, free speech and religious liberty, and relationship and parental Judge, U.S. Court of Appeals for the First Circuit, Boston, Massachusetts rights. In 2015, she successfully argued before the U.S. Supreme Court in the historic case was appointed to the U.S. Court Obergefell v. Hodges, establishing the freedom to marry for same- of Appeals for the First Circuit in May 2014. sex couples nationwide. From 1989 to 1991, he worked as a newspaper reporter. After graduating from Harvard Law With Vermont co-counsel, Ms. Bonauto won 1999’s Baker v. State School, he clerked for Justice Stephen R. ruling leading to the nation’s first civil union law. She was lead Reinhardt of the U.S. Court of Appeals for the counsel in Goodridge v. Department of Public Health (2003), which Ninth Circuit from 1994–1995, and for Justice made Massachusetts the first state where same-sex couples could John Paul Stevens of the U.S. Supreme Court marry. She co-counseled in Kerrigan v. Connecticut DPH and from 1995–1996. He then worked as an attorney advisor for the served on the 2009 and 2012 Maine ballot campaign executive Office of Legal Counsel of the U.S. Department of Justice from committees. 1996–1999. Ms. Bonauto led GLAD’s challenges to the Defense of Marriage Act in Gill and Pedersen, which led to the first federal district and In 1999, Judge Barron became an assistant professor at Harvard appeals court victories against DOMA, and coordinated amici briefs Law School. He became a full professor in 2004 and worked in for Windsor at the U.S. Supreme Court. As a member of the legal that capacity until he rejoined the Justice Department as acting team in the Michigan marriage case DeBoer v. Snyder, she was the assistant attorney general for the Office of Legal Counsel from U.S. Supreme Court oralist on behalf of the plaintiffs in Obergefell. 2009–2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Ms. Bonauto graduated from Hamilton College, holds a law degree Public Law in 2011, and worked there until his appointment to from Northeastern University School of Law and is the Shikes the federal bench in 2014. Fellow in Civil Liberties and Civil Rights and Lecturer on Law at Harvard Law School, a 2014 MacArthur Fellow, and an advisory board member for the American Constitution Society. She lives in Portland with her spouse and their two children. Ms. Bonauto will be inducted as an AAAL fellow at the Boston meeting.

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The Hon. Carol A. Conboy Just prior to his appointment to the Supreme Judicial Court, Justice Cordy was managing partner in the Boston office of the Associate Justice, New Hampshire Supreme Court international law firm of McDermott, Will & Emery, which he Concord, New Hampshire joined in 1993. He has retired from the bench to rejoin his former Carol Conboy was appointed to the New firm, where he focuses his practice on white collar criminal Hampshire Supreme Court in 2009. She served defense, internal investigations, appellate work, and major public/ as an officer in the U.S. Air Force during the private development projects. Vietnam War. Justice Conboy is a graduate of the University of Connecticut, received her law The Hon. Harold E. Eaton Jr. degree from the Franklin Pierce Law Center Associate Justice, Vermont Supreme Court, Montpelier, Vermont (now, the University of New Hampshire School of Law), and clerked for Judge Shane Devine, the Harold Eaton was appointed as an associate former Chief Judge of the New Hampshire Federal District Court. justice of the Vermont Supreme Court on October 27, 2014. A native of Woodstock, Justice Conboy was a partner in the New Hampshire law firm Vermont, Justice Eaton attended the of McLane, Graf, Raulerson and Middleton (now, McLane University of Vermont and Vermont Law Middleton) and practiced as a trial lawyer with a concentration School. In 2015, he received Vermont Law in employment law. She was appointed to the New Hampshire School’s Distinguished Alumni Award. Superior Court in 1992, and during her 17 years on that court, she served as supervisory justice in Merrimack County and chair Before his appointment, Justice Eaton served of the Superior Court Sentence Review Board. She also chaired as chief deputy state’s attorney for Chittenden County and was the Supreme Court Advisory Committee on Judicial Ethics. in private practice for over 20 years, including as founder and In addition to her judicial duties, Justice Conboy serves as a partner in the Woodstock firm of Eaton & Hayes. While in private member of the Dean’s Advisory Council of The University of New practice, he was elected to the American Board of Trial Advocates. Hampshire School of Law. In addition, he has been an adjunct professor of business law at the College of Saint Joseph in Rutland, an instructor of law at The Hon. Robert J. Cordy (Ret.) the Vermont Police Academy in Pittsford and a member of the McDermott, Will and Emery, Boston, Massachusetts Vermont State Police Advisory Commission. Robert Cordy was appointed as an associate Justice Eaton was appointed to the trial bench in 2004. He served justice of the Massachusetts Supreme Judicial on the Judiciary Advisory Council, Civil Division Oversight Court in 2001, and he retired from the bench to Committee, Family Division Oversight Committee (chair), return to private law practice in 2016. He and Judicial Conduct Board and has been a frequent presenter received his A.B. from Dartmouth College and at judicial meetings. In 2014, Justice Eaton was elected to the his J.D. from Harvard Law School. American Law Institute. Justice Cordy began his legal career in 1974 as a criminal defense attorney working for Felicia H. Ellsworth the Massachusetts Public Defenders Office. From 1978–1979, he WilmerHale, Boston, Massachusetts worked for the Massachusetts Department of Revenue, where he Felicia Ellsworth is a member of WilmerHale’s was a deputy commissioner and special assistant attorney general Appellate & Supreme Court Litigation Group responsible for overseeing the investigation and prosecution of and Business Trial Group. Her trial practice tax crimes. From 1979–1982, Justice Cordy was associate general focuses on complex commercial litigation in counsel in charge of enforcement at the State Ethics Commission, both state and federal courts, and her appellate a newly created independent state agency responsible for practice spans both civil and criminal matters enforcing the Massachusetts anticorruption and financial in the state and federal appeals courts, disclosure laws. He served as a federal prosecutor in the U.S. including the U.S. Supreme Court. Attorney’s Office in Massachusetts from 1982–1987. While in that office, he became chief of the Public Corruption Unit, overseeing Ms. Ellsworth has counseled numerous clients in commercial the investigation and prosecution of crimes and corruption in city disputes on issues including patent infringement, trade secret and state government. He was a partner in the law firm of Burns misappropriation, contract law, civil procedure, real property & Levinson in Boston from 1987–1991, specializing in white collar disputes, tort law, administrative law and procedure, and criminal defense and complex civil litigation. From 1991–1993, he constitutional law. She has also counseled and represented clients served as chief legal counsel to Massachusetts Governor William in both civil and criminal appeals involving patent infringement, F. Weld, working on issues of criminal justice reform, ethics in contract law, constitutional law, and criminal law and procedure. government, and the appointment of judges. In addition to his Ms. Ellsworth has represented clients in Massachusetts and other other positions, Justice Cordy was a lecturer at Harvard Law state trial and appellate courts, including the Supreme Judicial School from 1987–1996, and since 2004, he has been a member Court in administrative tribunals, as well as in federal district of the adjunct faculty of the New England Law School in Boston, courts; in the U.S. Courts of Appeals for the First, Second, Fourth, where he teaches advanced criminal procedure. Fifth, Sixth, Ninth, Tenth, and Federal Circuits; and the U.S.

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Supreme Court. She has argued before both federal and state of Appeals for the First Circuit, and Justice John C. Major of the appeals courts, including the First, Second, and Sixth Circuits and Supreme Court of Canada. Mr. Fleming also served as an the Massachusetts Appeals Court. As co-chair of the firm’s Pro Bono associate legal officer in the Appeals Chamber of the and Community Service Committee, Ms. Ellsworth also maintains a International Criminal Tribunal for the former Yugoslavia. He robust pro bono practice, including representing clients in criminal was inducted as an AAAL fellow in 2016. appeals, immigration proceedings, and civil rights actions. Ms. Ellsworth is a graduate of Georgetown University and the John M. Greabe University of Chicago Law School. Before joining WilmerHale, she Professor, University of New Hampshire School of Law, clerked for Justice Michael Boudin of the U.S. Court of Appeals Concord, New Hampshire for the First Circuit and Chief Justice John Roberts of the U.S. John Greabe has taught full time at the Supreme Court. University of New Hampshire School of Law since 2010, and part time since 1997. His Richard H. Fallon Jr. scholarship focuses on constitutional law, federal Story Professor of Law, Harvard Law School courts and procedure, and civil rights litigation. Cambridge, Massachusetts Professor Greabe’s work has been published in the Boston University Law Review, the Notre Dame Richard Fallon joined the Harvard Law Law Review, the William and Mary Bill of Rights School faculty as an assistant professor in Journal, the Buffalo Law Review, and the Houston Law Review. 1982, was promoted to full professor in 1987, and is currently the Story Professor of Law Before becoming a full-time member of the UNH Law faculty, and an affiliate professor in the Government Professor Greabe taught at Vermont Law School, had a federal Department. Professor Fallon is a graduate of appellate practice, and clerked for a number of federal appellate Yale University and Yale Law School. He also and trial judges within the U.S. Court of Appeals for the First earned a B.A. in philosophy, politics, and Circuit. Professor Greabe graduated from Dartmouth College and economics from Oxford University, which he attended as a Harvard Law School. Rhodes Scholar. Before entering teaching, Professor Fallon served as a law clerk The Hon. Peter W. Hall to both Judge J. Skelly Wright and Justice Lewis F. Powell of Judge, U.S. Court of Appeals for the Second Circuit the U.S. Supreme Court. Fallon has written extensively about Montpelier, Vermont constitutional law and federal courts law. He is the author of The Peter Hall was appointed to the U.S. Court of Dynamic Constitution (Cambridge University Press, 2d ed. 2013) Appeals for the Second Circuit in 2004. He was and Implementing the Constitution (Harvard University Press, the U.S. attorney for the District of Vermont 2001) and a co-editor of Constitutional Law: Cases-Comments- from 2001–2004 and was in private law practice Questions (12th edition 2015) and Hart & Wechsler’s The Federal from 1986–2001. Before entering private Courts and the Federal System (7th ed. 2015). practice, Judge Hall served as a law clerk to Justice Albert W. Coffrin of the U.S. District Professor Fallon is a fellow of the American Academy of Arts and Court for the District of Vermont, and then as Sciences and a member of the American Law Institute. He is a an assistant U.S. attorney for the District of Vermont. two-time winner of Harvard Law School’s Sacks-Freund Award (2001 and 2006), which is voted on annually by the school’s He has bachelor’s and master’s degrees from the University of graduating class to honor excellence in teaching. North Carolina and a J.D. from Cornell University Law School. Mark C. Fleming, AAAL Fellow Maura T. Healey WilmerHale Attorney General, Commonwealth of Massachusetts Boston, Massachusetts Boston, Massachusetts Mark Fleming is vice-chair of WilmerHale’s Maura Healey was sworn into office on Appellate and Supreme Court Litigation January 21, 2015. Ms. Healey graduated from Practice. He has worked on more than 100 Harvard College in 1992 and was captain of appellate cases and presented oral argument the women’s basketball team. She played in 25 of them, including five before the U.S. professional basketball in Europe before Supreme Court. Mr. Fleming has also argued returning to Massachusetts to attend before the First, Third, Eighth, Ninth, District Northeastern University School of Law. She of Columbia, and Federal Circuits and the was inducted into the New England Massachusetts Supreme Judicial Court and Appeals Court. His Basketball Hall of Fame in 2006. experience includes clerkships with Justice David H. Souter of the U.S. Supreme Court, Justice Michael Boudin of the U.S. Court

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Early in her career, Ms. Healey clerked for Judge David Mazzone Professor Hellman has also testified as an invited witness in the U.S. District Court in Massachusetts. Prior to joining at numerous hearings of both Judiciary Committees. His the Attorney General’s Office, she was a junior partner at the testimony has focused on a wide variety of legislative issues international law firm WilmerHale, where she represented related to the federal courts, including the jurisdiction of the clients in the financial services, pharmaceutical, medical Supreme Court, proposals to divide the Ninth Circuit Court device, software, energy, biotechnology, and professional sports of Appeals, federal judicial discipline, unpublished appellate sectors. She is a former special assistant district attorney in opinions, and the constitutionality of legislative restrictions on Middlesex County, where she tried drug, assault, domestic the powers of the federal courts. In 2005, Professor Hellman was violence, and motor vehicle cases. appointed as the inaugural holder of the Sally Ann Semenko Endowed Chair at the University of Pittsburgh School of Law. As former head of the Attorney General Office’s Civil Rights In 2002, he received the Chancellor’s Distinguished Research Division, Ms. Healey was the architect of the state’s successful Award “as a faculty member who has an outstanding and challenge to the federal Defense of Marriage Act and argued the continuing record of research and scholarly activity.” He case in federal court. As attorney general, she has advocated for received his J.D. from Yale University Law School and his B.A. marriage equality and in support of bills to fight discrimination from Harvard University. Professor Hellman was inducted as an against transgender people. Prior to her election, Ms. Healey AAAL fellow in 2007. helped lead the office as head of the Civil Rights Division and as chief of the Public Protection and Business & Labor Bureaus. Christopher M. Johnson In those roles, she helped defend the Massachusetts buffer New Hampshire Appellate Defender, Concord, New Hampshire zone law, which protected women from being harassed After clerking for a year in the New Jersey at reproductive health care centers. She also shut down Supreme Court, Christopher Johnson worked predatory lenders that were wreaking havoc on Massachusetts for six years at the Southern Center for communities and oversaw a team that has worked with Human Rights in Atlanta, defending death homeowners to help make their loans affordable. The program penalty cases and handling prison condition has gotten banks to modify thousands of home mortgages and lawsuits in trial and appellate courts. He has stop hundreds of foreclosures. argued appeals in state courts in Georgia, Ms. Healey has received numerous awards and commendations Alabama, and New Hampshire, as well as in from organizations such as the American Constitution the U.S. Courts of Appeals for the First and Eleventh Circuits. Association, the Disability Law Center, the National Federation Between 2001 and 2012, Mr. Johnson held a joint appointment of the Blind, the Equal Justice Coalition, and the Massachusetts as a professor of law at the University of New Hampshire Teachers Association. School of Law and the chief appellate defender in the New Hampshire Public Defender Program. Since summer 2012, while Arthur D. Hellman, AAAL Fellow occasionally teaching as an adjunct, he has focused full time on Professor of Law, Sally Ann Semenko Endowed Chair, University his role as chief appellate defender. of Pittsburgh School of Law, Pittsburgh, Pennsylvania Mr. Johnson is a graduate of Carleton College, the Fletcher Arthur Hellman is a nationally recognized School of Law and Diplomacy at Tufts University, and Harvard scholar of the federal courts who has also Law School. written in the area of the First Amendment. His publications include numerous articles and several books, including casebooks in Lauren E. Jones, AAAL Fellow both areas—Federal Courts: Cases and Jones Associates, Providence, Rhode Island Materials on Judicial Federalism and the Lauren Jones is the principal of Providence, Lawyering Process (3d edition 2013) (with Rhode Island-based Jones Associates, a small Lauren Robel and ), and and First Amendment Law: firm that specializes in appellate litigation. Freedom of Speech and Freedom of Religion (3d edition 2014) Mr. Jones has been an appellate lawyer for (with William D. Araiza and Thomas E. Baker). over 35 years and has handled hundreds of cases before the Rhode Island Supreme Court. In addition to his casebooks and academic writing, Professor He graduated from the University of Hellman has worked with the Judiciary Committees in the Michigan and the Duke University School of House and Senate in drafting federal courts legislation. The Law and was inducted as an AAAL fellow in 2006. legislative histories of two recent jurisdictional statutes—the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the “Holmes Group Fix” (enacted as part of the America Invents Act)—acknowledge his contributions.

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Pamela S. Karlan, AAAL Fellow Claire Laporte Kenneth and Harle Montgomery Professor of Public Interest Law Foley Hoag LLP, Boston, Massachusetts and Co-Director, Supreme Court Litigation Clinic, Stanford Law Claire Laporte is a partner at Foley Hoag LLP School, Stanford, California and handles patent cases and other technology- Pamela Karlan is co-director of the school’s related matters at the trial and appellate levels. Supreme Court Litigation Clinic, where Ms. Laporte has argued cases in the Federal students litigate live cases before the court. Circuit, the Patent Trial and Appeal Board, and One of the nation’s leading experts on voting the Supreme Judicial Court of Massachusetts, and the political process, she has served as a and she has represented amici in many leading commissioner on the California Fair Political patent cases in the U.S. Supreme Court and the Practices Commission, an assistant counsel Federal Circuit, including AMP v. Myriad (concerning patentability and cooperating attorney for the NAACP Legal of human genes). Ms. Laporte was the pro bono coordinator at Defense Fund, and a deputy assistant attorney general in the Civil Foley Hoag for a decade and devoted her own pro bono time to Rights Division of the U.S. Department of Justice (where she cases involving civil rights of gay, lesbian, and transgender people, received the Attorney General’s Award for Exceptional Service— and to appellate cases involving domestic violence, stalking, and the department’s highest award for employee performance—as sexual assault. She has represented parties or amici in numerous part of the team responsible for implementing the Supreme appeals in domestic violence cases. As the coordinator of Foley Court’s decision in United States v. Windsor). Professor Karlan is Hoag’s pro bono practice, Ms. Laporte often helped other lawyers the co-author of leading casebooks on constitutional law, prepare for appellate arguments in the firm’s pro bono cases. constitutional litigation, and the law of democracy, as well as Ms. Laporte has lectured widely on patent-related issues, including numerous scholarly articles. at Cold Spring Harbor Laboratories, Harvard Law School’s Petrie- Before joining the Stanford Law School faculty in 1998, she was a Flom Center, MIT, Boston University, Northeastern University, professor of law at the University of Virginia School of Law and and many bar associations. Ms. Laporte clerked for Justice Ruth I. served as a law clerk to Justice Harry A. Blackmun of the U.S. Abrams of the Supreme Judicial Court of Massachusetts. She is a Supreme Court and Judge Abraham D. Sofaer of the U.S. District graduate of Princeton University and Harvard Law School. Court for the Southern District of New York. Professor Karlan is a member of the American Academy of Arts and Sciences and David M. Rothstein, AAAL Fellow the American Law Institute. She was inducted as an AAAL fellow New Hampshire Public Defender, Concord, New Hampshire in 2011. David Rothstein is the deputy director of the New Hampshire Public Defender Program. The Hon. William J. Kayatta Jr. After a clerkship, Mr. Rothstein joined the Judge, U.S. Court of Appeals for the First Circuit public defender, where he has tried dozens of Portland, Maine cases and handled over 200 appeals. In addition to trial and appellate work, Mr. William Kayatta was appointed to the U.S. Rothstein has taught Advanced Appellate Court of Appeals for the First Circuit in 2013. Advocacy and Trial Advocacy as an adjunct From 1980–2013, Judge Kayatta maintained a professor at the University of New Hampshire School of Law, nationwide trial and appellate practice at the where he oversaw the school’s Appellate Defender Clinic. He is the Portland, Maine, law firm of Pierce Atwood chair of the New Hampshire Supreme Court Professional Conduct LLP. Prior to his appointment to the bench, he Committee and a recipient of the New Hampshire Association of served as a Regent in the American College of Criminal Defense Lawyers’ “Champion of Justice” Award. Mr. Trial Lawyers. Between 2011 and 2015, Judge Rothstein was inducted into AAAL in 2010. Kayatta also served as special master by appointment of the Supreme Court in Original Action No. 126, Kansas v. Nebraska, et Kate Shaw al. He clerked for Chief Justice Frank M. Coffin of the U.S. Court of Appeals for the First Circuit. Judge Kayatta graduated from Associate Professor of Law, Cardozo Law School Amherst College and Harvard Law School, where he served as an New York, New York officer of the . Kate Shaw is an associate professor of law and the co-director of the Floersheimer Center for Constitutional Democracy. Before joining Cardozo, Professor Shaw worked in the White House Counsel’s Office as a special assistant to the President and associate counsel to the President. She clerked for Justice John Paul Stevens of the U.S. Supreme Court and Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit.

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Professor Shaw’s teaching and research interests include The Hon. O. Rogeriee Thompson constitutional law, legislation, administrative law, the Supreme Court, election law, and gender and sexual orientation and the Judge, U.S. Court of Appeals for the First Circuit law. Her work has appeared or is forthcoming in, among other Providence, Rhode Island places, the Northwestern University Law Review, the Columbia Law O. Rogeriee Thompson joined the U.S. Court Review, the Cornell Law Review, and the Georgetown Law Journal. of Appeals for the First Circuit Court in April Among her recent scholarly articles is a study of the lawyers who 2010, making her the first African-American the Supreme Court has appointed to serve as amici. Professor and the second woman on the Court. Shaw graduated from Brown University and the Northwestern Previously, she served as an associate justice University School of Law, where she served as the editor-in-chief for the Rhode Island Superior Court (1997– of the Northwestern University Law Review and won the John Paul 2010) and an associate judge with the Rhode Stevens Award. Island District Court (1988–1997). Prior to this, she was a senior partner with Thompson & Thompson, an The Hon. Paul A. Suttell associate at the law firm of McKinnon and Fortunato, an assistant city solicitor for Providence, and a senior staff attorney for Rhode Chief Justice, Rhode Island Supreme Court Island Legal Services. Providence, Rhode Island Paul Suttell was sworn in as Chief Justice of Judge Thompson graduated from Brown University, earned her the Rhode Island Supreme Court on July 16, J.D. from Boston University School of Law, and holds honorary 2009, after having served as an associate degrees from the University of Rhode Island, Bryant University, justice since July 2003. A Rhode Island native, Roger Williams University School of Law, and Johnson and Chief Justice Suttell graduated from Wales University. Some of her current activities include Brown Northwestern University and Suffolk University Board of Fellows, Brown University Committee on University Law School. He was an associate Diversity and Inclusion, Brown University Fund for the Education justice of the Rhode Island Family Court from of the Children of Providence, and College Unbound Board of 1990 to 2003. He is a member of the American, Rhode Island, and Trustees. She is also a member of the First Circuit Judicial Council Newport County Bar Associations. and the Judicial Conference of the United States Committee on Information Technology and Budget Subcommittee. Chief Justice Suttell began his legal career in Pawtucket with the firm of Crowe, Chester & Adams, and then with Beals & Brian Wolfman DiFiore in Providence from 1978–1990. He served as legal counsel Director of Appellate Courts Immersion Clinic to the House Minority Leader in the Rhode Island House of Associate Professor of Law, Georgetown University Law Center, Representatives from 1979 to 1982. In 1982, he was elected as Washington, D.C. a state representative from a district that encompassed Little Brian Wolfman just launched the new Compton and portions of Tiverton and Portsmouth. In his second Appellate Courts Immersion Clinic at term, he was elected by his colleagues as deputy minority leader Georgetown Law. Before that, he was professor and served in that capacity until 1990. During his tenure in the of the Practice of Law and co-director of Rhode Island General Assembly, Chief Justice Suttell served Stanford Law School’s Supreme Court Litigation on the House Committees on the Judiciary, Corporations, and Clinic. Since 2004, Mr. Wolfman has taught an Special Legislation; the Joint Committees on the Environment intensive Appellate Courts Workshop during and the Arts; the Agricultural Land Preservation Commission; the January Term at Harvard Law School. the Newport County Convention and Visitors Bureau; and the Lottery Commission. In 1988, he was elected as a delegate to the From 2009 to 2014, Mr. Wolfman directed a clinic at Georgetown Republican National Convention in New Orleans. that handled complex trial court and appellate litigation focused on civil rights and other public-interest litigation. Before that, Mr. Chief Justice Suttell has served on numerous community and Wolfman spent nearly 20 years at the Public Citizen Litigation nonprofit organizations. He is a past president of the Sakonnet Group, serving the last five years as the group’s director. And, for Preservation Association and the Little Compton Historical five years at the outset of his career, he did trial and appellate Society, on which he continues to serve as a director. He is also the litigation at a rural poverty law program in Arkansas. moderator and a trustee of the United Congregational Church of Mr. Wolfman has argued six cases before the Supreme Court Little Compton and a director of Roger Williams University School (winning five) and has litigated hundreds of cases before federal of Law. He recently completed a three-year term on the board of and state appellate and trial courts around the country. He directors of the Conference of Chief Justices. directed Public Citizen’s Supreme Court Assistance Project, which helps “underdog” public-interest clients litigate before the U.S. Supreme Court. He has testified before Congress and federal rules committees on a range of issues, and has authored articles on a variety of subjects. Mr. Wolfman graduated from the University of Pennsylvania and Harvard Law School.

2017 AAAL Spring Meeting • April 6-8 9 Omni Parker House • Boston, MA 2017 AAAL Hotel and Travel Spring Meeting

Hotel

Omni Parker House 60 School Street Boston, Massachusetts 02108

Telephone (800) 843-6664

Room Rate $249 per night, single/double occupancy

Reservation Wednesday, March 15, 2017 Deadline

If you call The Omni Parker House to make reservations, please remember to mention the AAAL Spring Meeting to obtain the group rate. If you choose to book online, please book directly through the hotel to ensure your room is included in the AAAL room block.

Please do not book through a third-party site (e.g., Expedia, Kayak).

Hotel reservations are on a first-come, first-served basis until Wednesday, March 15, 2017, or until the block has sold out. AAAL cannot guarantee the group rate if rooms are still available in the AAAL block after March 15, 2017.

Check-in Time 3:00 pm

Checkout Time Noon

Valet Parking $46 per night

Travel Information

Airport Boston Logan International Airport is 2.5 miles (15-20 minutes) from The Omni Parker House.

Airfare United Airlines has partnered with AAAL and is offering discounted airfare to all attendees. When booking online at www.united.com, use Offer Code ZWYX435318.

Taxi $25 each way from Boston Logan International Airport.

MBTA Massachusetts Bay Transportation Authority, Boston’s public transportation, also know as the “T”. Train service is located a block from the Omni Parker House.

From Logan Airport, take the Blue Line to State Street station, which is a three-minute walk to the hotel. Fare is $2.65 each way.

Dress Code Business casual attire is appropriate for the majority of the AAAL meeting. For the Dinner and Induction Ceremony, coat and tie for the men and cocktail attire for the women are suggested.

Weather The temperature in Boston during early April averages in the 50s during the day and 30s at night.

2017 AAAL Spring Meeting • April 6-8 10 Omni Parker House • Boston, MA Registration Form Register Online at appellateacademy.org

Fellow Fellow Registration Fees

Includes Breakfasts, Lunch, By After Receptions, and Induction Dinner March 15 Full Name Fellow $625 $725 Public Interest Fellow $575 $675 First Name on Badge/Nickname Academic Fellow $575 $675 Government Fellow $315 $415 Firm Fellow Events (please check all you will be attending)

Address Thursday Opening Reception

Friday Breakfast City State ZIP Lunch Reception/Dinner and Induction of New Fellows

Phone Saturday Breakfast Dine Around–Pay on your own (Must select in advance) Freedom Trail Tour $15* Email *(Not included in fellow registration fee)

I require special accommodations to participate. Please attach a description of your needs. First AAAL Meeting (Fellow) Vegetarian Kosher Pescetarian Gluten free Yes No Other Guest Fees Includes Opening Reception, Breakfasts, and Induction Dinner Guest Guest Event Fee $325 Thursday Opening Reception

Friday Breakfast Full Name Lunch $50* Reception/Dinner and Induction of New Fellows First Name on Badge/Nickname Saturday Breakfast Dine Around–Pay on your own* City State ZIP Freedom Trail Tour $15* *(Not included in guest fee)

Email Total Fees (U.S. Dollars)

I require special accommodations to participate. Please attach a description Fellow Registration Fees $ of your needs. Vegetarian Kosher Pescetarian Gluten free Guest Fees $

Other Total Amount Due $

Payment Information Send Form to: American Academy of Appellate Lawyers Check (payable to AAAL) MasterCard VISA AMEX 9707 Key West Avenue, Suite 100 Rockville, MD 20850 / Account Number Exp. Date Phone: (240) 404-6498 Fax: (301) 990-9771

Name on Card Security Code Cancellations If a cancellation is received by Wednesday, March 15, a refund of 75% of the registration fee will be issued. There are no refunds for cancellations Signature received after that date.

2017 AAAL Spring Meeting • April 6-8 11 Omni Parker House • Boston, MA American Academy of Appellate Lawyers 9707 Key West Avenue, Suite 100 Rockville, MD 20850

2017 AAAL Spring Meeting Thank You to Our April 6-8, 2017 • Boston, MA Sponsors:

as of 12/21/2016