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The Magazine of the SUMMER The R5 5R

FederalistSummer 2015 www.fed-soc.org Paper

INSIDE: National Lawyers Convention Recap National Student Symposium Highlights Faculty, Lawyers, Practice Groups & State Courts Updates The Federalist No. 78 Letter from the “The courts must declare Editor the sense of the law; and if they should be disposed Dear Friend of the Society, to excercise WILL instead We are pleased to bring you the fall issue of The Federalist Paper. of JUDGMENT, the Inside, as always, we review the consequence would many programs and publications the Federalist Society has sponsored equally be the substitution through its various divisions and of their pleasure to that of special projects over the past months. the legislative body.” The Student Division finished another stellar year of events at nearly every law school across the country. Directors/Officers Steven G. Calabresi, Chairman The highlight of the first half of 2015 Hon. David . McIntosh, Vice Chairman was our Annual Student Symposium Gary Lawson, Secretary Brent O. Hatch, Treasurer at the Law T. Kenneth Cribb School in February. C. Boyden Gray Leonard A. Leo, Executive Vice President Edwin Meese, III We are also pleased to bring you Eugene B. Meyer, President a recap of our National Lawyers Michael B. Mukasey Lee Liberman Otis, Senior Vice President Convention from last November. Prof. Nicholas Quinn Rosenkranz Also included in this issue are full Board of Visitors updates from the many activities Mr. Christopher DeMuth, Co-Chairman of our Lawyers Chapters, State Hon. Orrin G. Hatch, Co-Chairman Prof. Lillian BeVier Hon. Elaine L. Chao Courts Project, International Law & Mr. George T. Conway Hon. Lois Haight Herrington Sovereignty Project. Hon. Donald Paul Hodel Hon. Frank Keating, II Mr. Andrew J. Redleaf Hon. Gale Norton Hon. Theodore B. Olson Ms. Diana Davis Spencer We are looking forward to our next Hon. Wm. Bradford Reynolds National Lawyers Convention in Hon. Gerald Walpin Washington, DC on November 12- 14. Staff President Eugene B. Meyer Stay tuned on fedsoc.org and

Executive Vice President FedSocBlog.com to stay updated Leonard A. Leo Senior Vice President & Faculty Division Director on our Teleforum Conference Calls, Lee Liberman Otis Lawyers Division SCOTUScasts, Practice Group Dean Reuter, Vice President, Practice Groups Director Anthony Deardurff, Deputy Director, Faculty Division Engage Lisa Ezell, Vice President, Lawyers Chapters Director Tyler Lowe, Director of Online Education Podcasts, newest articles, and C. William Courtney, Deputy Director, Practice Groups Christopher Goffos, Assistant Director, Faculty Division white papers. Juli Nix, Director of Conferences Maria Marshall, Associate Director Student Division Sarah Landeene, Assistant Director Peter Redpath, Vice President, Director Finally, in May the Federalist Gianna Burkhardt, Assistant Director Austin Lipari, Deputy Director Jack Neblett, Assistant Director Kate Beer Alcantara, Associate Director Society’s offices in Washington, D.C. Caroline Moore, Assistant Director moved to a new address: 1776 I St. External Relations Jonathan Bunch, Vice President, Director Finance NW, Suite 300, Washington, D.C. Zach Mayo, Deputy Director Douglas C. Ubben, Vice President, Director Amy Harper, Assistant Director 20006. Development Cynthia Searcy, Vice President, Director Information Technology Director Katelynd Mahoney, Assistant Director C. David Smith, Vice President As always, we invite and encourage Brigid Hasson, Grants Administrator friends and members to send in Membership Director Office Management Peter Bisbee comments and suggestions to Katie. Rhonda Moaland, Director [email protected]—and we Maureen Collins, Assistant Director Digital Strategist Daniel Richards look forward to hearing from you! International Law & Sovereignty Project James P. Kelly, III, Director Publications Director Paul Zimmerman, Deputy Director Katie McClendon

2 The Federalist Paper Summer 2015 Features Summer 2015

Student Division...... 4 Faculty Division...... 8 National Lawyers Convention...... 9 Practice Groups...... 12 National Student Symposium...... 16 Lawyers Chapters...... 20 Alumni Relations...... 23 Digital Media...... 24 State Courts Report...... 27

Summer 2015 The Federalist Paper 3 Student Division Report By Caroline Moore Assistant Director, Student Division

tudent chapters held over 1100 events during the and specifically insurance subsidies through the federal 2014-2015 academic year. One of the main con- exchanges. One of the highest attended Supreme Court siderations for our chapters is outreach and atten- Previews was at California-Berkeley. Profs. John Yoo Sdance numbers. So, we anticipated the number of events and Jesse Choper, both of California-Berkeley, debated would drop a little this year. Several student chapters had for the chapter’s “Supreme Court Review,” which had 150 events with 150 or more attendees, those chapters were attendees. Southwestern once again hosted a successful as follows: Northwestern, Missouri-Columbia, Har- “Supreme Court Preview” panel with Profs. Gowri Ram- vard, California-Berkeley, Barry, California-UCLA, achandran, Jonathan Miller, Roam Hoyos, and Amy Pei- Brigham Young, , Nebraska, George Mason, koff, all of Southwestern. The 90 attendees enjoyed hear- Campbell, and Yale. Our chapters worked tirelessly ing from this panel for the annual panel that touched on to increase attendance for all of their events by bring- upcoming Supreme Court cases. Southern California ing in engaging held “Supreme speakers, using Court Preview” innovative social with Miguel Es- media advertis- trada of Gibson ing, and provid- Dunn, Benja- ing students with min Howich of intelligent dis- Munger Tolles cussions of time- & Olson LLP, ly issues that face and Prof. Rebec- our courts. ca Brown from As in past Southern Cali- years, many fornia. Ohio student chapters State held a kicked off their Shaun McCutcheon with the University of Kentucky chapter after an event on campaign Supreme Court school year with finance and Mr. McCutcheon’s victory at the U.S. Supreme Court. preview with a panels forecast- panel of Ohio ing decisions on cases for the upcoming Supreme State Professors. The panelists included: Dean Alan Court term. Chapters held 30 Supreme Court Reviews Micheals, Prof. Rick Simmons, Prof. Guy Rub, and Prof. and Previews in the fall. Three of the cases that are of Martha Chamallas. They had over 115 attendees at this particular interest to our chapters are as follows. Holt v. event. Chapters at Columbia, William & Mary, Notre Hobbs looked at whether or not a prisoner can grow a Dame, Roger Williams, Chicago, and Michigan State beard behind bars to comply with his religious obligation. held Supreme Court previews with over 80 attendees. Thirty-nine states in addition to Arkansas allow inmates These are some of our highest attended events of the year to grow beards. Another intriguing case this term was because they are a great way for our chapters to kick off Yates v. United States. Yates centers around a fisherman their semesters and attract a wide range of attendees. who was cited for catching oversized red grouper; the case Campaign finance was a prevalent topic and Shaun explores the definition of “tangible objects.” The court McCutcheon, of McCutcheon v. FEC, spoke to our had to decide if fish were considered tangible objects and chapters on several occasions. This provided students decide if Mr. Yates’ act of throwing the oversized fish with insight into how a case makes it to the Supreme overboard was a tactic to derail the investigation. Last Court. The average attendance for these events was 69. but not least, King v. Burwell had to do with Obamacare Kentucky hosted Shaun McCutcheon and commenta- 4 The Federalist Paper Summer 2015 tor Prof. Joshua Douglas of Kentucky for a discussion come. Dr. James Carafano from the Heritage Foundation on “McCutcheon v. FEC: Campaign Finance & the 2016 debated Raed Gonzalez from Gonzalez Olivieri LLC at Elections.” Mr. McCutcheon discussed the case he was South Texas. The event was titled, “Immigration Dis- directly involved in and his political activism. In his cussion: Unaccompanied Minors & the Administration’s remarks, he stressed the importance of eliminating limita- Stance on Addressing the Issue after the Elections.” There tions to individual campaign spending to protect the First were 70 attendees at this event. Doug Bandow from the Amendment. Prof. Douglas drew from his experience as Cato Institute and attorney Wayne Golding participated an election law scholar to explain concepts such as public in a debate on immigration at Florida A&M this fall. The financing of campaigns. Michigan hosted “Campaign debate had the chapter’s highest attendance of the year Finance after McCutcheon” with Prof. Brad Smith of West with 75 attendees. The average attendance for events on Virginia for this event. The chapter continued its streak immigration is 53. of strong attendance for this event, which drew a crowd Students continue to hold a significant number of of 90. Prof. Smith explained what McCutcheon’s role is in events honoring Judge ’s legacy by addressing the ever-changing world of campaign finance. When the topics such as Originalism vs. The Living Constitution, court struck down overall individual limits it was a crucial the role of judges, and rule of law. Chapter events on these victory for the First Amendment. But, this case also ad- topics are the cornerstone of our organization and continue dresses the concern of whether higher contribution limits to be of value to student chapters. The average attendance lead to more influence for these events is 75. or power for the in- Judge Alex Kozinski dividuals donating. of the U.S. Court of Houston, California- Appeals for the Ninth UCLA, Ohio State, Circuit participated Washington-St. Lou- in an event alongside is, and Colorado all Prof. Eugene Volokh held campaign finance of UCLA for an event events last fall with 55 “A Conversation with a or more attendees. Judge.” The event was Immigration is a California-UCLA’s topic that seems to first event of the fall continuously be both semester and drew a in the news and on our wide audience of both student calendar, par- Federalist Society and ticularly because many non-Federalist Society conservatives differ on members. Harvard the issue and the im- held “Zivotofsky v. Ker- pact it will have. Ne- ry” which included braska hosted Prof. Members of the Yale chapter after recreational firearms outing that coincided with debate opponents So- the chapter’s event on the Second Amendment. Michael Scaperlanda licitor General Jona- of Oklahoma Law and than Michell from the Prof. Anna Shavers of Nebraska for “Executive Amnesty.” office of the Attorney General of Texas versus Prof. Jack The chapter chose to use Prof. Shavers as the commentator Goldsmith from Harvard. Virginia held “The Subjects for this event because she is one of 134 law professors who of the Constitution: A New Theory of Judicial Review” signed a letter addressed to the White House stating that with Prof. Nicholas Quinn Rosenkranz of Georgetown the executive actions on immigration were constitutional. and Prof. Toby Heytens of Virginia as the commentating The event drew a crowd of 118. Illinois held an event professor. Yale held “Interpretive Methodology,” which on “Immigration Reform” with Stuart Anderson from the was a panel including Judge from U.S. National Foundation for American Policy. The chapter Court of Appeals for the Seventh Circuit, Prof. John Mc- enjoyed hearing his unique insight into immigration and Ginnis from Northwestern, and Prof. Mitchell Berman what he thinks are the largest barriers for the U.S. to over- from Penn. Notre Dame also held an event with Judge

Summer 2015 The Federalist Paper 5 Alex Kozinski, as well as Prof. Randy Kozel from Notre chapter, Prof. Kerr provided background on the Fourth Dame titled, “A Conversation with a Judge.” This event Amendment and the role prohibition played in the ex- allowed Judge Alex Kozinski to be candid about his career plosion of federal law enforcement. He discussed Riley path and give insight into life on the bench. All of the v. California and explained how the Robinson rule affects above-mentioned events had over 90 attendees. phones in pockets. The conversation between Profs. Kerr Our students continue to be interested in events deal- and Ourziel then turned to technology and wiretapping ing with security and privacy. The average attendance for and the discussion of whether or not the courts should wait these events is 64. In February, Texas Tech hosted Doug until technology stabilizes before they make a decision on Bandow from the Cato Institute for “What’s a Bankrupt it. Prof. Kerr concluded the event by saying technologi- Republic to do When the World is Aflame?” During the cal change doesn’t allow perfect equilibrium adjustment. event, Mr. Bandow focused most of his attention on cur- Technology provides options and the Court gets to pick rent American foreign policy. He examined American what comes closest in the net result. alliances overseas, as well as America’s continued financing Many student chapters held Wealth of States events. of European and South Korean defense. Mr. Bandow then Events titled Wealth of States give insight about policies, explained his vision for American foreign policy. The chap- taxation, and regulations that differ from state to state and ter president explained that Mr. Bandow’s vision for foreign contribute to the economic growth of one state over an- policy “stressed the need for a flexible response to non-state other. The wealth of a state is dependent on many factors actors in an ever-changing world.” Penn held “Technol- including taxes, energy, worker freedom, and regulatory ogy, Security, and the Future of Fourth Amendment Ju- policies. This grant allows student chapters to hone in risprudence” with Prof. Orin Kerr of George Washington on a particular state policy and learn how it is impacting debating Prof. Christopher Yoo of Penn. The chapter had those who live in the state. Especially timely topics have 95 attendees for this event, which closely examined the to do with ride sharing. Tim Carney from The Washing- lawfulness of searches and seizures. Columbia held a ton Examiner and commentator Prof. Brett McDonnell debate between from Minneso- Judge Joseph ta participated Bianco of the in “Innovation United States vs. Regulation: District Court What’s Driv- for the East- ing the Debate ern District of about Uber” and at Minneso- Prof. Matthew ta. This event Waxman of looked at which Columbia for particular states an event “The and even towns Constitution are strongly op- and National posed to hav- Security in The Toledo Law Chapter hosts a Supreme Court Preview Panel. ing ride shar- the Post-9/11 ing options like World.” Vir- Uber and Lyft ginia held “Responding to the Sony Hacks: Cyberattacks, available to their constituents. It examined the question National Security, and Transnational Crime,” with Prof. of whether or not to regulate such innovative technology, Greg McNeal of Pepperdine and commentator Prof. John taking into account that regulation of new technology Setear of Virginia. This event brought together a crowd stunts its growth. Southern Methodist held “Tax Policy of 105 to weigh in on the future of technology and cy- by the States,” a panel with Stephen Moore from The berattacks. Temple held an event with Prof. Orin Kerr of Heritage Foundation, and Profs. David DePianto and George Washington and Prof. Lauren Ouziel of Temple Gregory Crespi, both from Southern Methodist. The on “The Digital Fourth Amendment: How Computers event looked at how tax policies from state to state either are Changing Search and Seizure Law.” According to the encourage or dissuade people from moving to a state. 6 The Federalist Paper Summer 2015 Florida hosted Representative Dana Young from the roots of how America got here, with special emphasis on Florida House of Representatives and commentator Meg the intent of the Founders, the philosophy of individual The Losen from First Magnitude Brewing Company for rights and limited government, and the meaning of the “Small Business Discrimination.” Drawing on the interest First Amendment. in craft and micro brewing among young people, their It was encouraging to have 197 chapter members event brought a crowd volunteer and attend the of 105 together, many National Lawyers Con- of whom had never been vention in November. We to one of their events. appreciate the students Northern Ohio, South who acted as volunteers Carolina, Missouri- for the weekend. Our Columbia, Kansas, volunteers had the chance Arkansas-Little Rock, to hear Justice Antonin Florida, Elon, Appala- Scalia and former U.S chian, Missouri-Kansas Attorney General Michael City, George Mason, Mukasey. Some students Case Western, Chicago, were even able to attend Alabama, Michigan, (left to right) Brooklyn Law School Chapter President Michael Zebrowski; the Annual Dinner, mak- Northwestern, Colum- Prof. , NYU Law; and Brooklyn Law School Chapter Vice ing the most of the op- bia, California-UCLA, President Steven Ballew after an event portunity to re-connect Chicago-Kent, Minne- with students from the sota, Hawaii, Nebraska, Virginia, and Temple all had Student Leadership Conference and hear remarks from events with over 60 attendees. Justice Samuel Alito. Other volunteers attended the an- Many of our chapters have already held other highly nual Barbara K. Olson Memorial Lecture and heard from attended events this year. Pepperdine hosted Hon. Ken John Allison, President of Cato. We always encourage Starr of Baylor and commentator Hon. Deanell Reece students to attend the National Lawyers Convention to Tacha from Pepperdine for “First Among Equals: The further expose them to speakers, faculty, and other lawyers Supreme Court in American Life.” This was one of the who are focused on keeping the momentum ongoing in chapter’s best events of the year-with 169 attendees, in- the conservative movement. Our goal is to have students cluding lawyers from Malibu and Los Angeles. Florida leave the conference empowered and ready to challenge hosted Sandra Froman of Law and Mediation offices the norms on their campuses. and Joshua Roe, the President of UF Students for Con- Our Student Symposium was held on February 20- cealed Carry. The event “No Guns Allowed: Are College 21 at the University of Chicago and we had just over 500 Campuses, Shopping Malls, & Movie Theaters Any Safer students, lawyers, and faculty in attendance. The theme of When Guns Are Banned?”. John Allison, President of the Student Symposium was “Law and Innovation.” For the Cato Institute, participated in an event at South- full coverage of the Symposium, please see the feature western, which drew 80 attendees. The event “What it on pages 16-19. Means to be a Business Leader” touched on many of the leadership characteristics he discusses in his recent book. Dean Prager introduced Mr. Allison and Prof. Amy Pei- koff moderated the event. Nebraska hosted Mike Adams from TownHall for the event “Censorship: You Can’t Say That…Oh, Yes I Can!” He discussed the constitutional- ity of university censorship of both faculty and student speech. North Carolina hosted Dr. Ghate for an event on Obamacare. Dr. Ghate spoke at length about the case and concluded that the Supreme Court was placed in a no-win situation. He discussed the philosophical

Summer 2015 The Federalist Paper 7 Faculty Division Report By Anthony Deardurff Deputy Director, Faculty Division

he Faculty Division looks back on a season brim- sored by the Liberty Fund, continues to be popular ming with productive programming. To list just among faculty, practitioners and academically inclined a few highlights: Once again, the Annual Faculty students. After reviewing a common set of background TConference drew strong attendance. The Division held readings, 15-18 participants gather for a day and a half two successful colloquia. The Division’s programs at the of rigorous discussion of enduring legal questions. On National Lawyers Convention (including a new panel January 23-24, participants gathered for “International for non-faculty members on different kinds of careers in Law, Foreign Law, and the United States Constitution” in law teaching) and at the Student Symposium were also Las Vegas, Nevada, where participants engaged interna- quite successful. Finally, the Division, with the help tional and foreign law from the perspective of American of the Practice Groups, continues to post podcasts on Constitutional law. On February 27-28, “Federalism at notable arguments and decisions of the Supreme Court’s the Crossroads” took place in Marina del Rey, California. October 2014 Term. Using Michael S. Greve’s recent book The Upside-Down The 17th Annual Faculty Conference, held on Constitution as a focal point, participants explored various January 3-4 in Washington, D.C. in conjunction with topics relating to American federalism, including Greve’s the annual meeting of the Association of American Law proposal that the important question in this discussion Schools (AALS), was one of our best attended Faculty is not “how much federalism?” but rather “what type of Conferences yet, drawing approximately 160 law pro- federalism?” fessors, interested practitioners, non-profit staff, and Numerous faculty joined us for our customary aspiring academics. An additional 600 people watched Faculty Breakfast held each year during the National our first-ever livestream of the opening panel and the Lawyers Convention. As usual, faculty and aspiring debate. The conference featured panels comprised of academics gathered to enjoy fellowship, discuss relevant distinguished senior and junior scholars including “The programming developments, and assess important aca- Administrative State: Within the Bounds of Law?” demic trends. which discussed the legality of the current administra- In addition, for the first time, the Division held a tive state and “The Executive Power to Not Enforce the roundtable luncheon at the Convention entitled “Teach- Law?” in which panelists debated the scope of executive ing Law: Tenure-track, Adjunct, and Clinical Pathways.” authority. Additional panels were dedicated to presenta- The program, which drew a standing room-only-crowd tions by winners of the Division’s Young Legal Scholars of over 60 attendees, was directed toward lawyers and Paper Competition and presentations of faculty works law students interested in exploring possible teaching in progress. The signature luncheon debate featured an options. A panel of tenured professors, clinical law pro- informative and timely exchange between Prof. Jonathan fessors, a former acting dean, and an adjunct professor Adler (Case Western Reserve University School of Law) addressed some of the benefits and challenges of these and Prof. Nick Bagley (University of Michigan Law different approaches and pathways to teaching law. The School) on whether the Affordable Care Act authorizes Division also hosted a panel on this topic at the Student subsidies for individuals purchasing health insurance Symposium. The Division also continues to post new faculty and through federal exchanges. The conference included an practitioner “SCOTUScasts” on recently argued and/or additional debate entitled “The Private Attorney General: decided Supreme Court cases, with podcasts on about Good or Bad” in which participants discussed whether many cases decided this term. These may be found at the use of private attorneys general in our legal system is http://www.fed-soc.org/multimedia/page/scotuscast. ultimately helpful or harmful. Video of the conference events is available at http://www.fed-soc.org/events/ detail/17th-annual-faculty-conference Our Law and Liberty series of colloquia, co-spon- 8 The Federalist Paper Summer 2015 National Lawyers Convention

n November 13-15, 2014, the Federalist Soci- As in years past, the Convention served as an ideal ety hosted its 32nd annual National Lawyers forum for discussions among Practice Group chairmen, Convention at the Mayflower Hotel in Wash- meetings of Lawyers Chapter and Faculty Division lead- Oington, DC with over 1,000 people in attendance. This ers, and breakfasts for law school alumni. year’s topic, “Millennials, Equity, and the Rule of Law,” The Convention’s four showcase panels addressed sparked a number of animated discussions about the various situations young people currently face. The first challenges facing the youth and the possible legislative panel discussed youth, employment, and the law. It solutions. The Conven- featured Prof. Richard tion was teeming with A. Epstein, Hon. Chai spirited debates, pro- Rachel Feldblum, fessional camaraderie, Hon. Gail Heriot, and and the requisite dose Prof. J. Hoult “Rip” of judicial wisdom. The Verkerke, and was annual dinner featured moderated by Fifth an interview of U.S. Circuit Judge Jennifer Supreme Court Justice W. Elrod. The second Samuel Alito, conduct- showcase panel, which ed by his former law dealt with intergenera- clerk, Adam Ciongoli. tional equity and so- The Convention (above) Justice Samuel A. Alito, Jr. (left) being interviewed during the An- cial security, Medicare, opened with a speech nual Dinner by his former Adam G. Ciongoli (right), who is now Obamacare, and pen- by U.S. Supreme Court Executive Vice President & General Counsel at Lincoln Financial Group. sions, was moderated Justice (below) The Seventh Annual Rosenkranz Debate & Luncheon featured by Seventh Circuit former U.S. Attorney General Michael B. Mukasey (left) against former on the origins and con- ACLU President Prof. Nadine Strossen (right) (New York Law School). Judge Frank H. East- tinuing legal influence The debate was moderated by Prof. Nicholas Quinn Rosenkranz (center) erbrook and featured of Magna Carta. This from Georgetown University Law Center. Hon. Chris DeMuth, year’s Barbara K. Ol- Prof. John O. Mc- sen Memorial Lecture Ginnis, and Prof. Da- featured John Allison, vid A. Weisbach. The president and CEO of speakers on the third the Cato Institute. The showcase panel—Prof. Convention also fea- Paul F. Campos, Ms. tured a lively annual Anne D. Neal, Dean Rosenkranz Debate be- Daniel Polsby, and tween former Attorney Prof. Richard Kent General Michael Mu- Vedder, moderated kasey and former ACLU by Prof. Thomas D. president Nadine Stros- Morgan—delved into sen, who addressed the higher education and question of whether the indiscriminate collection of whether it really benefits the students. The fourth and American phone records violated the Fourth Amend- final panel examined the future of the American dream. ment. Other key speakers included U.S. Senator Orrin Ms. Karlyn Bowman moderated the discussion between G. Hatch and former Hewlett-Packard CEO Carly Hon. Rachel L. Brand, Hon. Lanny J. Davis, Prof. Neal Fiorina. K. Katyal, and Dr. Charles A. Murray.

Summer 2015 The Federalist Paper 9 National Lawyers Conventon

10 The Federalist Paper Summer 2015 Millenials, Equity, & the Rule of Law

Summer 2015 The Federalist Paper 11 Practice Groups Update By Will Courtney, Assistant Director of Practice Groups, Juli Nix, Director of Conferences

he Administrative Law and Regulation Prac- for social welfare. A distinguished group of speakers tice Group organized a panel at the National argued whether shareholder value can still be reliably Lawyers Convention titled “Without Standing, equated with social welfare or if the current incentive TAre We All Sitting Ducks?” Professor Jonathan H. Adler, structure facing large institutional investors encourages Professor Amanda Cohen Leiter, Robert N. Weiner, and the misallocation of resources and a net social loss. The Patrick Wyrick discussed the history, development and panel, titled “The Short-Termism Debate” was composed current status of standing doctrine in regulatory litiga- of Professor Lucian A. Bebchuk, Professor Jonathan R. tion, with particular focus on the extent to which stand- Macey, Professor Robert T. Miller, and Steven A. Rosen- ing and related justiciability requirements have come to blum, and was moderated by former Chief Justice of serve as a shield against meaningful judicial review of the Delaware Supreme Court Hon. E. Norman Veasey. agency actions. The panel was moderated by the Hon. Despite its title, the Criminal Law and Proce- A Raymond Randolph of the U.S. Court of Appeals for dure Practice Group’s panel at the National Lawyers the D.C. Circuit. Convention, “Criminal The Civil Rights Sentencing Reform: A Practice Group spon- Conversation among sored a wide-ranging Conservatives,” was panel at the National among the most con- Lawyers Convention tentious offerings at the taking on the controver- convention. The Hon. sial topic of “Sexual As- William H. Pryor, Jr. sault on Campus,” cov- of the U.S. Court of ering everything from Appeals for the Eleventh the facts on the ground Circuit moderated, with to the due process im- Marc A. Levin, John G. plications of university Hon. David Weil, Administrator, Wage & Hour Division, U.S. Department Malcolm, the Hon. Mi- responses. The panel of Labor, & Diana Furchtgott-Roth, Senior Fellow at the Manhattan Insitute chael B. Mukasey, and was moderated by the and former chief economist at the U.S. Department of Labor during the La- Prof. William G. Otis Hon. Diane S. Sykes bor & Employment Law Practice Group’s “Minimum Wage” at the National speaking. The prac- Lawyers Convention. of the U.S. Court of tice group also hosted Appeals for the Seventh a panel at the National Circuit and featured Heather Mac Donald, Seth Galant- Press Club on December 15 titled “The Criminalization er, Lara S. Kaufmann, and Greg Lukianoff. Another of Politics.” The panel of former high-level Justice De- highlight came when the practice group hosted former partment attorneys discussed the recent use of criminal U.S. Attorney General Hon. Edwin Meese III to discuss law to pursue public officials and political activity from Voter ID Laws on a Teleforum conference call. Bob McDonnell to John Edwards. John G. Malcolm The Corporations, Securities, and Antitrust moderated the panel, which was made up of Todd P. Practice Group hosted a lively debate with its panel at Graves, Edward T. Kang, and John C. Richter. the National Lawyers Convention. For thirty years, the The Environmental Law and Property Rights economic analysis of corporate law has been based on Practice Group put together a panel at the National the assumption that shareholder value is a reliable proxy Lawyers Convention to take an in-depth look at the

12 The Federalist Paper Summer 2015 Environmental Protection Agency’s Clean Power Plan, Powers Practice Group in early December. Our discus- titled “Do the EPA’s CO2 Rules Go Too Far?” The Hon. sion, “Immigration: The Limits of Executive Authority” Frank H. Easterbrook of the U.S. Court of Appeals for addressed the specifics of the President’s recent actions the Seventh Circuit moderated the panel, which was on immigration, the legality of those actions, and if the made up of Paul Bailey, Elbert Lin, Professor Robert President exceeded his constitutional authority to act. Percival, and Robert M. Sussman. The practice group Professors John S. Baker, Jr., John C. Eastman, John C. also hosted a number of Teleforum programs covering Yoo and Margaret D. Stock discussed this timely issue key developments in environmental litigation. Theo- and fielded questions from our call in audience. dore Hadzi-Antich offered an update following oral On March 4, 2015 the Supreme Court heard oral arguments in the D.C. Circuit Court of Appeals in a arguments in King v. Burwell, which focuses on whether case to determine the remedy for an alleged violation of the Internal Revenue Service may permissibly promul- administrative procedure in the EPA’s emissions rules gate regulations to extend tax-credit subsidies to coverage for cars and trucks; former Nebraska Deputy Attorney purchased through exchanges established by the federal General Katie Spohn joined Tyler Ward to discuss the government under Section 1321 of the Patient Protection Nebraska Supreme Court’s ruling in a critical case re- and Affordable Care Act. The Federalism & Separation garding the Keystone XL Pipeline; and Susan Combs, of Powers Practice Group hosted a panel discussion at Professor Justin Pidot and William Yeatman discussed the the National Press Club prior to the oral argument to effects of sue-and-settle litigation under the Endangered discuss the case. The panel featured Prof. Jonathan H. Species Act. Adler, Simon Lazarus, Carrie Severino, Robert N. Wein- The Financial Ser- er, and was moderated vices and E-Commerce by Practice Group took reporter Robert Barnes. a comprehensive look The Federalism & at the effect of govern- Separation of Powers ment policies on the Practice Group hosted efficient allocation of a Teleforum with former credit in the U.S. econ- Senator James Buckley omy with its panel at discussing his recent the National Lawyers book, Saving Congress Convention, “Credit from Itself: Emancipat- to Cronies: Govern- ing the States and Em- ment’s Heavy—If Hid- (left to right) Patrick Oot, Partner at Shook Hardy, & Bacon LLP and former powering Their People. den—Hand.” Formed Senior Special Counsel for Electronic Discovery at the SEC; Jamie Brown, Both in the book and on Global Discovery Counsel at UBS AG and former Associate General Counsel SEC Commissioner at the CFTC; and Hon. Jerry Smith (moderator), U.S. Court of Appeals for the call, Senator - Paul Atkins moderated the Fifth Circuit during the Professional Responsibility Practice Group’s “Docu- ley eloquently contends the panel of Edward J. ment Retention Policies, Litigation Holds, and Legal Ethics” Panel at the Na- that our federal system DeMarco, Bert Ely, and tional Lawyers Convention. of government has been Dr. Paul H. Kupiec. The systematically under- practice group has continued to have great success with mined by the practice of Congress intruding on matters its monthly Consumer Financial Protection Bureau the Constitution reserves to the States. While Senator Update Teleforum calls, and hosted a fascinating two- Buckley recognizes the inevitability of competition be- part series on the FDIC’s newly proposed “Single Point tween state and federal politicians to be seen as solving of Entry” strategy for resolving large failing banks. Dr. important problems for constituents, he contends that Paul H. Kupiec and Peter J. Wallison presented a paper without the federal judiciary keeping federal lawmakers critical of the proposal on a January 22 call, and Randall within constitutional bounds, they face strong, likely Guynn, Professor David Skeel, and James Wigand of- irresistible, incentives to use federal taxpayer dollars to fered their rebuttal on a February 18 program. benefit home states and districts. As the culmination of The question of presidential power was discussed in his analysis, Senator Buckley offers a “modest” proposal: a Teleforum hosted by the Federalism & Separation of that “Congress immediately terminate all federal pro-

Summer 2015 The Federalist Paper 13 grams that offer grants to states and their subdivisions.” existence or appearance of impartiality and whether there Acknowledging that federal grants currently constitute are less restrictive means—such as recusal—to further more than 30% of state revenues, and hence Congress such goals. Free Speech and Election Law Executive cannot cut off the flood of federal money overnight, Committee Chairman Erik S. Jaffe and Edward Whelan Senator Buckley specifically proposes that Congress of the Ethics and Public Policy Center attended the oral “terminate the grants by converting them into single argument and discussed the case on a Courthouse Steps no-strings-attached block grants—one for each state” Teleforum call. and then subsequently phase out these block grants over At issue in Reed v. Town of Gilbert was the Town of a period of years. Senator Buckley was interviewed by Gilbert’s sign code that imposes limits on the size, loca- his former clerk Robert Gasaway, Partner at Kirkland tion, number, and duration of the signs advertising the & Ellis LLP; the fascinating discussion has been posted weekly services of the Good News Community Church, online as a podcast. whose pastor, Clyde Reed, sued. The Free Speech and TheFree Speech & Election Law Practice Group Election Law Practice Group hosted Hon. Hans von hosted a Teleforum call in March discussing the recent Spakovsky for a Courthouse Steps Teleforum to discuss targeting by ISIS of two American Muslim professors the case and oral argument, which speak to whether the for criticizing the Charlie Hebdo attacks. The Organi- First Amendment rule against content discrimination zation of Islamic Cooperation has redoubled efforts to requires a plaintiff to prove intentional discrimination by criminalize expressions of “Islamophobia” in Western a government entity and whether the Town of Gilbert’s nations. The participants attempted to answer important assertion that its sign code lacks a discriminatory motive questions about speech; what speech is, and what speech renders its facially content-based sign code content- should be, protected in these and other contexts. The call neutral and justifies the code’s differential treatment of participants included Dr. M. Zuhdi Jasser, Founder and religious signs. President of the American Islamic Forum for Democracy; On December 2nd, the Intellectual Property Nina Shea, Senior Fellow and Director of the Center for Practice Group hosted an important Conference titled, Religious Freedom at the Hudson Institute; and Prof. “Patents and Innovation: Addressing Current Issues.” Eugene Volokh, the Gary T. Schwartz Professor of Law The program featured two panels and a keynote address. at the UCLA School of Law. The morning began with a panel titled, “The Regu- The Free Speech and Election Law Practice Group latory Reach of the FTC, and its International Implica- co-sponsored a Teleforum with former United States At- tions” and featured Alden F. Abbott former Director torney General Edwin Meese III on the topic of voter ID of Patent and Antitrust Strategy at BlackBerry, current Laws. Numerous states have passed voter ID, and the member of the Federal Trae Commission Hon. Joshua Supreme Court has permitted them to remain in effect. D. Wright, and was moderated by Hon. Paul Michel, a Nonetheless, voter ID remains a highly controversial is- retired Chief Judge from the U.S. Court of Appeals for sue. General Meese discussed voter fraud, the importance the Federal Circuit. of voter ID laws and answered audience questions on a The second panel, “Balancing Patent Rights and live Teleforum conference call which has been posted as Litigation Abuses,” featured the Hon. F. Scott Kieff a podcast. of the United States International Trade Commission, On Tuesday, January 20, the Supreme Court heard Prof. Adam Mossoff from the Center for the Protection arguments in Williams-Yulee v. The Florida Bar, a First of Intellectual Property at the George Mason University Amendment case involving the manner in which elected School of Law, Noah Phillips who is Chief Counsel for judges may raise campaign funds for themselves. At U.S. Senator John Cornyn at Senate Judiciary Com- issue was whether a widely adopted provision of the mittee and was moderated by Dean A. Reuter, our Vice ABA Model Code of Judicial Conduct, which prohibits President and Director of Practice Groups. The Confer- judicial candidates from personally soliciting campaign ence ended with a fascinating keynote address by Prof. funds, violates the First Amendment. In addition to Richard Epstein. The full conference video and audio broader arguments regarding the proper scope and func- recordings can be accessed by visiting the Federalist tion of the First Amendment in the context of judicial Society’s website. elections, this case involves more focused First Amend- ment questions regarding whether the current rule, as adopted in Florida, is actually effective in preserving the 14 The Federalist Paper Summer 2015 In Memoriam: Prof. Michael W. Lewis

he Federalist Society lost a tee of the Federalist Society’s Interna- great friend with the passing of tional & National Security Law Prac- Michael W. Lewis, Professor tice Group. Vince Vitkowsky, Chair Tof Law at the Ohio Northern University of that Executive Committee, said Pettit College of Law, in June, at age 50, “Mike was an amazing person—an of cancer. incredible blend of talent, energy, Professor Lewis was a naval aviator, charisma, sincerity, and generosity internationally renowned law professor, of spirit. We are privileged to have and tireless public advocate for a prin- known him and worked with him, cipled and wise application of the Law and we will miss him profoundly.” of Armed Conflict, consistent with both Rachel Brand, Member of the Privacy the values and interests of the United and Civil Liberties Oversight Board States. and law school classmate, remarked After receiving his undergraduate that she “greatly admired his intellect degree from Johns Hopkins University, and his commitment to service to his Professor Lewis flew F-14’s for the U.S. country.” Robert M. Chesney, Asso- Navy and graduated first in his class from ciate Dean of the University of Tex- Top Gun. He served in Operations Des- as School of Law, recalled that “Mike ert Shield and Desert Storm. He then was fearless in engaging the hardest entered Harvard Law School, where he and most fraught issues in national was a member of the Federalist Society security law. He combined his sharp and served on the editorial staff of the intellect with his practical experience, Harvard Journal of Law & Public Policy. and made unusually valuable One year after joining the faculty at contributions as a result.” Ohio Northern Law School, he received In announcing his passing, ONU its Award for Excellence in Classroom Dean Richard Bales wrote that Pro- fessor Lewis “loved sports, loved his Teaching. country, loved his family, and loved his Professor Lewis frequently work.” Former student and participated in Federalist Soci- Federalist Society member ety programming and scholar- Rob Luther recounted that ship, presenting on the topics of “he excelled at everything terrorism, national security, he attempted and was a role the rules of engagement, mili- model to the hundreds of students that were fortunate tary tribunals, drones, and to have him. He’s going to interrogation at dozens of be impossible to replace.” student and lawyers chapter Professor Lewis is survived by events nationwide, as well as the his wife and daughter. 2014 National Lawyers Convention. Professor Lewis also served on the Executive Commit-

Summer 2015 The Federalist Paper 15 Student Symposium: Law & Innovation n February 20–21, 2015, law students from ognizing exceptional performance by student chapters around the country attended the Thirty-Fifth over the year. Annual Federalist Society National Student Panel 1: Innovation and the Administrative State OSymposium hosted by the University of Chicago Hon. Justice Stephen Markman Law School Federalist Society in Chicago, Illinois to of the Michigan consider the issues surrounding “Law & Innovation.” Supreme Court moderated the first panel. In his open- Panels covered a variety of topics and provided a venue ing remarks, he introduced the administrative system for judges, businessmen, law professors, practicing as an alternative to the legislative process to implement lawyers, and other government policy. He spoke of the structural differ- experts to debate ences that permit and speak on legal an agency to act issues relating to in- more responsively novation, and for than the legisla- students to respond tive branch and with their questions. of the associated The year of prepara- costs and benefits. tion that the chap- The first panel- Jon Dudas ter’s members put ist, , into the event paid Senior Associate off, as they took care to the President to ensure that at- of the University tendees enjoyed the of Arizona and event. Speakers and former Under students were given Secretary of Com- an opportunity to merce for Intel- (left to right) Hon. , U.S Court of Appeals for the Seventh Circuit; Prof. lectual Property mingle after each Richard Epstein, NYU Law; Beth Kregor, Univ. of Chicago Law School; & Prof. John panel and during and Director of McGinnis, Northwestern Univ. School of Law during the “Innovation and Inequality: the United States cocktail receptions Conservative and Libertarian Perspectives” panel. to discuss the topics Patent and Trade- addressed and to meet other members of the Federalist mark Office dur- Society from across the country. ing the Bush Administration, emphasized the importance The two-day event consisted of four main panels of using cost-benefit analysis within the administrative Jennifer Nou that explored the effect of the administrative state, the process. , a Neubauer Family Associate status of patent law, innovation in the healthcare system, Professor of Law at the University of Chicago and former the distributional effects of innovation, and culminated policy analyst in the White House’s Office of Informa- with a keynote panel at the banquet which addressed tion and Regulatory Affairs (OIRA), described the the effects of regulatory uncertainty on business. An ad- executive oversight process and the role of retrospective ditional optional panel was held over lunch to provide oversight. Prof. Nou said that three administrative areas Steve Lehotsky interested students with information and guidance for had seen innovation recently. , Deputy navigating the path to working in the legal academic Chief Counsel for Litigation for the U.S. Chamber of market. The Symposium concluded on Saturday night Commerce and former attorney-advisor in the Justice with the presentation of the annual Feddie Awards, rec- Department’s Office of Legal Counsel, explained three

16 The Federalist Paper Summer 2015 strategies for regulation. William Baude, a Neubauer recommended reforms for the patent system, suggesting Family Associate Professor of Law at the University of that the one-size-fits-all model of patent terms should Chicago queried whether the legislature should norma- be discarded, that business methods be deemed unpat- tively require cost-benefit analysis in regulations and entable, and that the scope of property rights should be concluded that the Administrative Procedure Act (APA) clarified during patent prosecution at the PTO. needs to be modernized in these respects. Douglas Melamed, the Herman Phleger Visiting Panel 2: Current Issues in Patent Law & Policy Professor of Law at Stanford Law School and previ- ous Senior Vice Hon. President and Judge Danny General Coun- Boggs of the sel of Intel U.S. Court of Corporation, Appeals for the began with a Sixth Circuit description of moderated the the broad pur- second panel pose of patents that addressed to incentivize many issues innovation, and facing the field explained that of Patent Law. this incentive Judge Boggs is only worth laid out the as much as the traditional ar- remedies pro- gument for a (above) Students from across the country listen attentively as experts debate law & innovation. vided. Adam (below) (left to right) Hon. Thomas B. Griffith, U.S. Court of Appeals for the D.C. Circuit; system of pat- Mortara, part- ents, as a grant Peter Huber, Senior Fellow at the Manhattan Institute; Lindsay Kelly, Special Counsel at Irell & Manella; & Gerald Masoudi, Partner at Covington & Burling during the “Innovation and ner at Bartlett of property Health Care” panel. Beck Herman created by the Pelenchar & government to Scott and Lec- incentivize and turer in Law at reward techni- the University cal innova- of Chicago Law Phyllis tion. School, spoke Turner-Brim , primarily on the Vice President issues related to and Chief IP pharmaceuti- Counsel of In- cal and chemi- tellectual Ven- cal patents. tures, a patent Although the monetization pharmaceutical firm, discussed industry is very the growing pro-patent to importance of avoid competi- patents and suggested that the recent criticism of the tion from generic producers and mandatory substitu- Michael patent system does not hold up to scrutiny. tion laws, Mr. Mortara argued that inefficiency arises Meurer , the Abraham and Lillian Benton Scholar from the PTO’s inability to effectively recognize medi-

Professor of Law at Boston University School of Law, cal innovation, and that the Food and Drug Admin- identified the critical importance of a patent policy istration (FDA) would be a far better regulator of this that favors innovation. Prof. Meurer concluded with subject matter.

Summer 2015 The Federalist Paper 17 Panel 3: Innovation and Health Care pace poses a threat to social stability. John McGinnis, Hon. Judge Thomas B. Griffith, of the U.S. the George C. Dix. Professor in Constitutional Law Court of Appeals for the D.C. Circuit moderated the at Northwestern University School of Law, began his third panel, which covered the effects that the Food discussion by setting out the premise that increasing and Drug Administration’s policies on pharmaceuticals technology fundamentally reduces inequality in real and medical devices have on innovation in medicine. terms. Continuing on this line of thought, he described Peter Huber, partner at the law firm of Kellogg, Huber, how the decentralization of information and the dema- Hansen, Todd, Evans & Figel, and senior fellow at the terialization effect of software increase the return for all Manhattan Institute, began his discussion by identify- consumers. He concluded by emphasizing the common ing the progress that medicine has made over the past interest that all have in promoting growth, which is a century and how many drugs successfully treat diseases positive-sum game. Beth Kregor, the director of the even in the absence of a understanding the biological Institute for Justice Clinic on Entrepreneurship at the mechanisms at play. Lindsay Kelly, Special Counsel University of Chicago Law School, spoke of the oppor- in the Los Angeles office of Irell & Manella LLP and tunities that innovation creates for entrepreneurs and former Assistant United State Attorney for the Eastern how barriers to entrepreneurship deprive the poor of ac- District of Virginia, began by discussing the legal issues cess to the newly created wealth. Ms. Kregor argued that facing biologically produced medicines. She spoke of the overregulation, such that a third of all occupations in the interest shown by large pharmaceutical companies, the United States require some sort of license, inhibits the regulatory uncertainty surrounding the area, and high poor and represents rampant rent seeking among these costs associated politically powerful with this type of groups. Richard Ep- medicine. Gerald stein, the Laurence A. Masoudi, partner Tish Professor of Law in the Washing- and Director of the ton, D.C., office of Classical Liberal In- Covington & Bur- stitute at NYU School ling, former Gen- of Law, posited that eral Counsel of the the framing of inno- FDA, and Deputy vation and inequality Assistant Attorney as separate in all cases General in the An- is not necessarily true. titrust Division of He noted that in- the DOJ, started equality can increase by discussing the through innovation, The University of Florida Chapter receives the Thomas Paine Feddie award for most but that such a de- ways that the FDA creative publicity. regulates corporate velopment should speech by prohib- cause rejoicing rather iting companies from mentioning off-label applications than despair, since the market is rewarding innovators of pharmaceutical drugs. Mr. Masoudi explained that for the consumer surplus that their innovations release, since the FDA requires approval through clinical trials which is magnitudes greater than the producer surplus for a particular use, the company may not advertise or captured by the innovator. even mention unapproved uses in any way. Keynote Panel: Business in an Environment of Panel 4: Innovation and Inequality—Conservative Regulatory Uncertainty and Libertarian Perspectives The 2015 National Symposium concluded with the Hon. Judge Frank Easterbrook of the U.S. Court annual banquet, where the Paul M. Bator Award, which of Appeals for the Seventh Circuit served as modera- is presented to a promising faculty member under the tor for the fourth main panel, which broadly covered age of forty for excellence in scholarship, was awarded to how innovation relates to inequality and whether a fast Professor Joshua Kleinfeld of Northwestern University

18 The Federalist Paper Summer 2015 School of Law. forced Outbox to wind down its operations, but that During the banquet proceedings, Professor Mi- the experience provided invaluable knowledge that he chael H. Schill, Dean of the University of Chicago Law is now applying in his online lending service startup. School, recalled how he “immediately accepted” the Colin Stretch, General Counsel at , provided chapter’s decision to seek the Federalist Society Sympo- the perspective of a larger, more established company. sium, describing the He described the strong and histori- need to embrace cal relationship be- risk and educate tween the Federalist regulators through- Society and Chi- out the compli- cago, which was ance process. Mr. one of the found- Stretch concluded ing chapters. Prof. by explaining that Schill closed his re- although Facebook marks by congratu- was founded in lating the Chicago 2004, it is viewed chapter for its per- as an established formance over the player and treated past year, putting with more scruti- on forty events, and ny by regulators. for hosting a suc- Candice Taylor, Prof. Joshua Kleinfeld, Northwestern Law School, with Federalist Society Senior Vice cessful symposium. President & Faculty Division Director Lee Liberman Otis after receving the 2015 Associate Litigation The banquet Paul M. Bator Award. Counsel at Lyft, re- also featured a pan- counted the indus- el that addressed try’s expansion into “Building an Innovative Business,” with representation new jurisdictions and the incremental steps taken to from some of the businesses recognized as major innova- gain more regulatory certainty. She noted the need tors in recent years, Facebook, Lyft, Airbnb, computer for companies to dispel misinformation and reassure software services company Palantir Technologies, and regulators that providing features like insurance and lending startup Able. Moderated by Ted Ullyot, at- background checks can mitigate hazards and benefit torney at Palantir Technologies and former General consumers. Counsel at Facebook, the panel covered an array of The annual Feddie Awards were presented at the legal issues that typically face a business as it starts, ex- close of the banquet to chapters that have performed pands, and eventually goes global. Katie Biber Chen, exceptionally well over the past year. Columbia Univer- Senior Counsel at Airbnb, described the philosophy of a sity was awarded the James Madison Chapter of the Year company facing regulatory uncertainty, touching on the Award, the University of Nebraska won the Alexander potential advantages and the faint omnipresent fear that Hamilton Most Improved Chapter Award, Harvard the risks will not pay off. She explained that the primary University received the Samuel Adams Greatest Mem- legal issues facing Airbnb were short-term rental laws bership Growth Award, and the University of Florida and the application of local hotel taxes. Ms. Chen also won the Thomas Paine Award for most creative public- underscored how collaboration rather than combat can ity. The 5th Feddie, the Benjamin Franklin Award for be a far more successful strategy when encountering Spring Breakout Chapter, was awarded at the Student opposition by regulators. Evan Baehr, co-founder of Leadership Conference in July to the chapter with the online lending service Able, spoke of his personal expe- most outstanding spring semester. rience founding a mail-filtering startup, Outbox, that could have had major effects on the USPS if it had been successful. However, before substantial growth could occur, Mr. Baehr recounted that the USPS essentially

Summer 2015 The Federalist Paper 19 Lawyers Chapters Update By Lisa Ezell Vice President & Director, Lawyers Chapters

he Federalist Society’s Lawyers Chapters hosted Katsas of Jones Day, Prof. John McGinnis of Northwest- a variety of programs this winter and spring, ern University School of Law, and Prof. Peter Smith of including several on election and voter ID law, George Washington University Law School. Judge Bar- Treligious liberties, and executive power. We present an bara Lagoa of the Florida Third District Court of Appeal overview of these programs. moderated the next panel which addressed developments The Jacksonville, Miami, Orlando, Tallahassee, in “Florida Tort and Business Law.” Panelists included and Tampa Lawyers Chapters hosted their first state- Mark Behrens of Shook, Hardy, & Bacon, LLP; William wide Florida Chapters Conference this past February. Large, president of the Florida Justice Reform Institute; The two-day conference focused on a number of topics and Daryl Parks of Parks & Crump. Keynoting at the and drew an impressive sold-out crowd of over 250 at- lunch reception was Fred Barnes, the Executive Editor of tendees. The Friday opening panel was moderated by The Weekly Standard. Barnes discussed the importance Judge Wendy Berger of the Florida Fifth District Court of state attorneys general in curbing instances of executive of Appeal and discussed the Florida judicial selection branch overreach. At the luncheon, the Florida Chap- process. Panelists included ters also awarded Judge Pete Antonacci and Charlie Frank Shepherd with their Trippe, both former Gen- inaugural Good Shepherd eral Counsel to Governor Award. Judge Shepherd, Rick Scott; Tim Cerio, the the former president of the current General Counsel Miami Lawyers Chapter, to Governor Rick Scott; inspired the award. He was Zander Clem of Morgan & honored for his mentorship Morgan; and Paul Huck of and guidance to younger Jones Day. Friday evening members of the Federalist concluded with an address Society. After the luncheon, from Florida Agriculture Justice Charles Canady Commissioner Adam Put- U.S. District Court Judge Loretta Preska with Federalist Society of the Florida Supreme nam. Putnam, a former Board Member & Former U.S. Attorney General Michael Mukasey Court moderated the final member of the U.S. House at the Lawyers Chapter’s annual gala. Judge Preska panel which discussed the of Representatives, criti- received the chapter’s James Madison award at the gala. separation of powers in cized Congress for allowing the modern age. Panelists an “aggressive executive branch” to overreach. He praised included Rachel Brand of the Privacy and Civil Liber- the merits of federalism, singling out Florida’s “solutions- ties Oversight Board, Charles J. Cooper of Cooper & oriented approach” for solving state problems. Kirk PLLC, Brianne Gorod of the Appellate Counsel of The Conference resumed Saturday morning with the Constitutional Accountability Center, and Florida an address from the Florida Chief Financial Officer Jeff Department of Economic Opportunity Director Jesse Atwater. Atwater emphasized the critical role of small Panuccio. business in restoring the American dream. He criticized The 2015 Western Chapters Conference, hosted regulatory excess which often curbs the efforts of inno- at the Presidential Library, focused on vators to create new economic opportunities. Following technology, innovation, and regulation in the sharing Atwater’s address, Judge Frank Shepherd of the Florida economy. Judge Andrew Guilford moderated the morn- Third District Court of Appeal moderated a panel on ing panel, which addressed the America Invents Act in the merits of originalism which included panelists Greg relation to patents and innovation. Panelists included

20 The Federalist Paper Summer 2015 Joel Ard of Foster and Pepper, Prof. Robin Feldman of speakers concluded that Wisconsin’s campaign finance the University of California Hastings College of Law, laws are outdated—40 years old—with vast portions and Joe Matal, the Assistant Solicitor at the Patent and contradictory to newly developed First Amendment case Trade Office. Panelists discussed the background of the law. The state legislature has promised to address these patent system and patent litigation in relation to the issues in the coming months. Speakers at the conference America Invents Act, the interplay between intellectual included former FEC Commissioner Brad Smith, Presi- property and real property, and the balance between dent of the Wisconsin Institute for Law & Liberty Rick fostering innovation while protecting inventors. Keynot- Esenberg, Speaker of the Wisconsin Assembly Robin Vos, ing this year was John Allison, President and CEO of and Minority Leader Rep. Peter Barca. Over 220 attended the Cato Institute and former CEO of BB&T. Allison the event. Many chapters were also interested in hosting spoke on the ability of the free market system to foster events that focused on the Supreme Court and the Justice life, liberty, and the pursuit of happiness. The afternoon Department. The Puget Sound Lawyers Chapter hosted panel featured attorneys Katie Biber Chen from Lyft and Eric Miller of the Perkins Coie Appellate Practice. Miller Andrea Lobato from Airbnb, who discussed the legal and shared a preview of the upcoming U.S. Supreme Court regulatory challenges facing their services, as well as the term, including an overview of the October Term 2014 opportunities they offer to consumers. Evan Baehr of docket cases and issues and cases not yet on the Court’s Outbox offered insight on the power of government to docket. The New York City Young Lawyers Chapter destroy entrepreneurial endeavors. Prof. Stephen Miller hosted Ilya Shapiro of the Cato Institute at an evening of the University of Idaho School Of Law discussed the reception where he previewed the Supreme Court term. role of regulation in the sharing economy and how to TheLong Island Lawyers Chapter hosted Ilya Shapiro as balance the interests of local governments and consumers. well, where he also gave a preview of upcoming Supreme Over 150 lawyers and students attended the conference. Court cases. The Minnesota Lawyers Chapter held a Several chapters in recent months hosted programs lunch event that featured National Review columnist addressing election law and voting rights issues. These John Fund. Fund discussed the Justice Department’s programs focused on recent litigation and proposed leg- actions as President Obama’s enforcer and the future of islation and issues that arose in the 2014 elections. The the Department as we head towards the election in 2016. Columbus Lawyers Chapter hosted a 2014 “Election TheFort Worth Lawyers Chapter also hosted John Fund. Wrap-Up” lunch. The event hosted political reporter Jim He discussed his book, Obama’s Enforcer: Eric Holder’s Heath of Ohio 10-TV, political correspondent Jo Ingles Justice Department. of Ohio Public Radio and Television Statehouse News Many chapters hosted programs around challenges Bureau, and Thomas Suddes from The Plain Dealer. The to religious liberty. Sam Casey spoke to the Charlotte Chicago Chapter hosted a post-election group discus- Lawyers Chapter of the Federalist Society in February. sion with guest speaker Prof. Josh Blackman of South Casey spoke to a crowd of approximately thirty people, Texas College of Law in Houston. With a change in including two federal judges, about the importance of the political dynamic both nationally and in Illinois, life and religious liberty. Casey explained that apathy the group discussed all facets of ObamaCare, Hobby and a rapacious federal government are the two biggest Lobby, the future of the Affordable Care Act, recess ap- threats to these important rights, illustrating his points pointments, and other executive actions. The Phoenix with personal anecdotes from his experience advocating Lawyers Chapter hosted former Arizona Senator Jon Kyl for these rights. He also reviewed recent judicial deci- for an evening discussion on post-election issues. Senator sions and legislation on life and religious liberty issues. Kyl’s wealth of knowledge and experience made for an Casey emphasized the centrality of both life and religious interesting and lively discussion. liberty to all people, regardless of creed, color, or career, On February 27, the Milwaukee Lawyers Chapter and encouraged everyone to fight to preserve these rights. of the Federalist Society, Marquette Law School, and Mil- The Dallas Lawyers Chapter hosted a discussion with waukee Lawyer Chapter of the American constitutional Hiram Sasser of the Liberty Institute. Sasser shared his Society co-hosted a half day conference on campaign views on the serious challenges to religious liberty facing finance law in Wisconsin. The conference attempted to churches, schools, the military, and society in general. He explain how recent federal court decisions on campaign also shared his insight on the many high-profile cases he finance affect Wisconsin state law and regulations. Many has worked on, including Salazar v. Buono, the defense

Summer 2015 The Federalist Paper 21 of the Mojave Desert Veterans Memorial Cross in the 65 lawyers and 20 law students, Judge Morris “Buzz” United States Supreme Court. Arnold presented at length on the Foreign Intelligence Other chapters focused on the ramifications of Surveillance Court (FISC) and the Foreign Intelligence the Hobby Lobby decision. The Cincinnati Lawyers Surveillance Court of Review (FISCR). Judge Arnold Chapter hosted a luncheon where , lead drew on his seven years of experience on the FISCR to counsel for Hobby Lobby Stores in its HHS Mandate provide an insider’s view of the operation of those courts Challenge, discussed his involvement in the case, the as well as his perspective on the most popular criti- Supreme Court’s cisms made against decision, and the the court. After likely impact of his presentation, that decision in Judge Arnold took the years to come. questions both for- ThePhiladelphia mally at the event Chapter held an and informally at evening reception a subsequent re- featuring Prof. ception. The event John C. Eastman was cosponsored discussing “The by the University Good, the Bad, of Arkansas Student and the Ugly” of Chapter. Judge Ar- the Hobby Lob- nold also addressed by decision. The The Atlanta Lawyers Chapter hosted a panel discussion in April on “ What are the the Little Rock Rochester Chap- Roles of Parents and the Government in Raising Children?” Lawyers Chapter ter hosted Prof. in January. John Eastman as Other notable well, along with Brian Hauss, Staff Attorney for the events…The Atlanta Lawyers Chapter hosted newly Center for Liberty. elected Senator David Perdue before about 150 lawyers Chapters held events around Obamacare and dis- in December. He discussed his new position on the Sen- cussed the ramifications that the legislation was having ate Judiciary Committee, his belief in original meaning, all across the country, with a particular emphasis on and his desire to be very thorough in vetting judicial previewing King vs. Burwell. The Pittsburgh Lawyers nominees. He also discussed his business background Chapter held a lunch event with Jonathan Adler of Case and the fact that very few former Fortune 500 CEOs Western Reserve University Law School. At the lunch, were in the Senate. Both Houston and Fort Worth Adler discussed how the Affordable Care Act authorizes hosted Amherst Prof. Hadley Arkes. He discussed natu- federal subsidies for health coverage obtained on an ral law in Houston and abortion and public policy in Exchange established by States. The Columbus Lawyers Fort Worth. The Kansas City Lawyers Chapter hosted Chapter also hosted Prof. Adler, where he discussed his a discussion on the future of education in Kansas City experience as one of the first to develop the case against as it relates to charter schools future growth and vi- the legality of the Obamacare subsidies. The Portland ability. The panelists engaged in a lively discussion on Lawyers Chapter hosted Michael Cannon, Director educational choice and how various options should be of Health Policy Studies at The Cato Institute at an funded. Over fifty attended the panel. The Salt Lake evening reception. He spoke in Portland just six days City Lawyers Chapter hosted Ed Whelan of the Eth- before the U.S. Supreme Court heard oral arguments ics and Public Policy Center at a lunch event. Whelan in King v. Burwell. Cannon discussed the case, what it shared his insights into how the Republican majority means for Oregonians and Washingtonians, and how in the Senate will affect current and future judicial Congress should reform health care after Obamacare. nominations for the next two years. In February, the Northwest Arkansas Federalist Society Lawyers Chapter held its inaugural event at the University of Arkansas Law School. Speaking to about

22 The Federalist Paper Summer 2015 Alumni Relations By Caroline Moore Director of Alumni Relations

he main focus of Alumni Relations at the Feder- breakfast. The George Washington Alumni Chapter had alist Society is to bring our alumni together in a 49 in attendance. Alida Kass, Chief Counsel to the New way that will allow our members to connect or Jersey Civil Justice Institute, spoke to the Georgetown Tre-connect with their peers. In addition to the Annual Alumni Chapter. The Georgetown Alumni Chapter had Alumni Breakfasts at our National Lawyers convention, 38 in attendance. we’ve added annual summer receptions, alumni receptions The Harvard Alumni Chapter hosted the Hon. during alumni weekends, and events in conjunction with , former U.S. Attorney General. Megan student chapter banquets to reach alumni who are inter- Sowards, General Counsel for the National Republican ested in building relationships with each other and current Senatorial Committee, spoke to the Michigan Alumni student members. These events feature alumni speakers and Chapter. The NYU Alumni Chapter hosted Robert Mc- give our student and lawyer members a chance to build Namara, Senior Attorney at the Institute for Justice. relationships with one another. We hope that bringing TheYale Alumni Chapter hosted Elbert Lin, Solicitor these alumni together will enable them to enjoy a continu- General of West Virginia. The Yale Alumni Chapter had ation of the camaraderie they experienced in our Student 76 in attendance. Scott Keller, Chief Counsel to Sena- Chapters, and also help our chapters and their schools by tor Ted Cruz, spoke at the University of Texas Alumni more widely extending the vigorous discussion of ideas. Chapter breakfast. Brian Walsh, Executive Director of We hosted thirteen Alumni Chapter breakfasts at the American Religious Freedom Project at the Ethics the National Lawyers Convention in November. It is our and Public Policy Center, spoke at the Regent Alumni intention that many alumni chapters will use this event to Chapter breakfast. The Stanford Alumni Chapter hosted organize future alumni events for their respective schools Greg Lukianoff, President of the Foundation for Individual and have the chance to build relations with one another. Rights in Education. The University of Virginia Alumni The main focus of our alumni efforts this fall was to Chapter hosted John Mitnick, Senior Vice President, Gen- expand our reach to alumni who attended the National eral Counsel, and Secretary of The Heritage Foundation. Lawyers Convention in November. There were two ad- Overall, there was an increase in attendance at these events ditional alumni chapter events that took place during the and there was much positive feedback about these events. National Lawyers Convention this year. University of If you are interested in being involved with an alumni Chicago and Yale held simultaneous alumni receptions. chapter please contact Caroline Moore at alumni@fed-soc. These receptions, in addition to the Alumni Breakfasts, will org or find the alumni chapters Facebook groups online. connect members from across the nation. The National These private groups will be managed by the Federalist Lawyers Convention weekend is filled with activities, but Society. We look forward to expanding the current alumni thanks to an overwhelmingly positive response our chap- groups and using them to build a strong Federalist Society ters will continue to hold these events next year. alumni network. The Catholic University Alumni Chapter hosted Eileen O’Connor, Partner at Pillsbury Winthrop Shaw Pittman LLP and former Assistant Attorney General for the Tax Division at the Justice Department. The University of Chicago Alumni chapter hosted Professor , Associate Professor at George Mason Law School. Ammon Simon, Financial Services Counsel for Representative Randy Hultgren, spoke at the Columbia Alumni Chapter

Summer 2015 The Federalist Paper 23 Digital Media @FedSoc For an organization such as the Federalist Society, whose purpose is to communicate ideas, the digital world is not merely a tool to help programs, but also a content-driven meeting place for people interested in profound ideas and rigorous discussion of legal topics. This is an opportunity and a challenge for the Federalist Society— one we are excited to tackle. Over the last several months we have made significant strides in digital media, in- cluding new video content, improved digital marketing, and a significant boost to social media at the National Lawyers Convention and Student Symposium. FedSoc.org One exciting digital development was actually just a tiny change. No more hyphen in our URL or email addresses! So instead of fed-soc.org, it’s just FedSoc.org. Blog: The last quarter of 2014 brought significant growth in readership and record traffic. This increase was due in part to increased social media efforts and our covering breaking news, and it has built momentum for a blog relaunch this spring, bringing the blog under the FedSoc.org URL and adding a cadre of new bloggers. Stay tuned... Social Media Our social media efforts continue to be the number one driver of traffic to our blog posts and website. Our Facebook page, with 119,123 likes, and Twitter account, with 22,211 followers, still provide our biggest audiences for outreach and education. But our recent emphasis has not only been on growth but also on qual- ity of audience. We’ve made an effort to moderate discussions among our online community to make sure fans can have meaningful conversations. We continue to use other networks like Linkedin, , iTunes, and Google+ to reach audiences—with an increased emphasis on professional networking and images—but our most important channel outside of Facebook and Twitter is YouTube. You also may have noticed our new hashtag for events: #FedSocEvents. Whether it’s a conference in Flor- ida, a panel in DC, or a debate in Los Angeles, following and using #FedSocEvents helps us get the word out and allows people from around the world to engage with speakers and their ideas. YouTube and Video Content: It’s a visual world, and YouTube is its atlas. In fact YouTube is arguably the second biggest search engine after Google (its owner). When people want to learn something, they often turn to YouTube to teach them. That’s why it’s more important than ever that the Federalist Society creates compelling video content, and 2014 was a step in the right direction. Recently we’ve been focusing more on short, well-produced videos, including pre-argument SCOTUS vid- eos, interviews and soundbites with event speakers, and videos highlighting special projects such as the Magna Carta the exhibit at the Library of Congress the Society co-sponsored and the 2015 Bator Award given to Prof. Josh Kleinfeld at the Student Symposium. National Lawyers Convention This year we ramped up our social media efforts at the National Lawyers Convention. We set up a “Tagboard” on site that allowed us to highlight the best tweets from the convention using a specific hashtag: #FedSoc2014. The increased visibility of Twitter encouraged more people to tweet. Overall, the volume of tweets and the reach was impressive. Senator Ted Cruz, Jeb Bush, Carly Fiorina, Senator Orrin Hatch, and many high-profile media outlets all tweeted about the Convention. The volume of tweets using the #FedSoc2014 hashtag hit a high point on Thursday afternoon, and we started to “trend” on Twitter in the Washington, DC area. Only the most discussed issues, topics, and hashtags end up trending. #Awesome. 2015 Plans To continue to increase our online reach, our focus remains on improving our online content and in improv- ing our marketing and tracking efforts. We welcome Joanmarie Davoli in the newly created position of Digital Education Specialist to take the lead on our content development efforts.

24 The Federalist Paper Summer 2015 International Affairs Report

By Paul Zimmerman Deputy Director, International Affairs

he Federalist Society’s International Affairs Belgium, and the U.K. As in past years, the European Division has opened the new year with a series delegation were treated to an exciting array of panels and of initiatives in its continuing work to build a speakers, and connected with Federalist Society members Trobust exchange on the importance of the rule of law, from across the country, as they received an up-close view separation of powers, and individual freedom in Western of how our organization operates in the U.S. Europe and Central and Eastern Europe, and through At the close of November, the International Divi- our Global Governance Watch® website. sion built upon its successful partnership with the French In November 2014 and February 2015, the Fed- Institut de Formation Politique (IFP) by sponsoring eralist Society brought together attorneys, academics, the third installment of its Law and Policy Circle. The leaders in civil society, purpose of the event is and others to discuss to train twenty French the state of the rule of students and young law and sovereignty professionals in the in the United King- skills involved in le- dom, as it hosted the gal debate and media. latest meetings of the With the third ses- Law and Liberty Cir- sion of the Circle, the cle in London. The IFP-Federalist Society November meeting network in France has featured an exchange expanded to over sixty on whether the U.K. young conservatives would be better off and libertarians inter- with a written Con- ested in the state of the stitution and Bill of law in the country. Rights. The February Another success- The Federalist Society and the Freedom Association hosted Philip Johnston (left) meeting dealt with of The Daily Telegraph and Ewen Stewart (right) of Global Britain at a February ful Federalist Society the European Ar- debate near Lincoln Cathedral, the home of one of the original copies of Magna partnership in France, rest Warrant, which Carta, on the charter’s relevance today. with the new student requires European organization the Law Union countries to and Liberty Circle, surrender up citizens and others who are wanted by reached a promising milestone in December 2014 as the authorities of other member countries, and offered the group hosted its first event at the University Paris attendees the opportunity to meet and pose questions II – Panthéon-Assas. The event featured former French to former U.S. Attorney General and Federalist Society Attorney General Philippe Bilger who spoke on the im- Board of Directors Member Edwin Meese, III, who was portance of the right to freedom of speech and generated visiting the U.K. to take part in an event by the Margaret dozens of questions from the crowd of over 100 students. Thatcher Centre. Following the lecture, a large number of attendees joined In mid-November, the Society once again hosted Attorney General Bilger and Law and Liberty Circle several of its European partners at its signature annual leaders for a pizza reception, at which many signed up National Lawyers Convention in Washington, D.C. This to become members of the new initiative. year’s event included attendees from France, Hungary, The Society further supported the exchange of ideas

Summer 2015 The Federalist Paper 25 on the rule of law and freedom in London through centuries, and was punctuated by an exchange between events with U.S. dignitaries at the end of 2014. In Philip Johnston, Assistant Editor and Leader Writer November, the international project sponsored a talk for The Daily Telegraph, and Ewen Stewart, founding by Representative Louie Gohmert of the U.S. House of Director of the independent consultancy Walbrook Representatives on the rule of law and individual rights Economics and Consulting Director of the nonprofit in the U.S., hosted by the conservative and libertarian organization Global Britain, regarding whether Magna training organization the Young Britons’ Foundation. In Carta is doomed to irrelevance in the modern era. The December, on the occasion of the visit of a congressio- debate generated a number of comments from the at- nal delegation of members of the U.S. House Judiciary tending crowd of students, educators, attorneys, and Committee, the Federalist Society and the U.S. Embassy others who, in the end, agreed nearly unanimously that in London co-hosted a meeting between the delegation Magna Carta has retained its relevance through the past and British barristers at the Honourable Society of Gray’s eight centuries of its existence. Inn to help inform them on the workings of the U.K. Using as a starting point its support of the exhibition justice system. “Magna Carta: Muse and Mentor” at the U.S. Library In late February, the Federalist Society hosted its of Congress in late 2014, the Federalist Society will con- first event at the Cambridge University Law Faculty, tinue to partner with groups in the U.K. to celebrate the with the student group Cambridge Libertarians. This 800th anniversary of the document; the Society will con- event, a debate on whether to replace the U.K. Human tinue to help educate interested Britons on the principles Rights Act with a British Bill of Rights, featured British for which it has served as an illuminating foundation and barrister and former member of the U.K. Commission on highlight the link between that ancient document and a Bill of Rights Martin Howe QC and Dr. David Erdps, our own Constitution. More broadly, we will continue to University Lecturer in Law and the Open Society at the generate a vital exchange on the foundational principles University of Cambridge. The debate provoked a lively of the rule of law, constraints on government, and liberty exchange on the importance of the European Court of across Europe, so Americans can look to their friends and Human Rights among all the present attendees. allies across the Atlantic to help advance the necessary The Society followed up this event by sponsoring and free debate on these basic Western legal principles. the first of ten debates on the modern-day relevance of To share your comments about the International Magna Carta organized by The Freedom Association, a Affairs Division, or to learn more about its work, please libertarian organization with the aim of advancing the contact Jim Kelly at [email protected] and Paul Zim- principles of liberty and the rule of law in the U.K. The merman at [email protected]. first event was held in Lincoln, where one of the origi- nal copies of the 1215 document has been housed for

Northwestern Law Professor Joshua Kleinfeld Receives 2015 Paul M. Bator Award

The Federalist Society presented the Paul M. Bator Award on Saturday, February 21 to Prof. Joshua Kleinfeld of Northwestern University School of Law. Established in 1989 to honor the memory of Prof. Paul M. Bator, a renowned scholar and teacher of federal courts and constitutional law at Harvard and the University of Chicago and Principal Deputy Solicitor General in the Reagan Administration, the award is given annually to a law professor under 40 who has demonstrated excellence in legal schol- arship, a commitment to teaching, a concern for students, and has made a significant public impact. Michael Ballew, a student at the University of Chicago Law School, served on the selection committee and presented the award on behalf of the Federalist Society at its 2015 National Student Symposium, held at the University of Chicago Law School.

26 The Federalist Paper Summer 2015 State Courts Report By Zach Mayo Deputy Director, External Relations

he State Courts Project monitors activities relat- ing to the role of state courts, judicial selection, Judicial Selection judicial philosophy, and the rule of the law gen- Terally, consistently seeking to spark debate and increase Comments from newly elected governors Bruce the quality of the discussion surrounding important legal Rauner of Illinois and Asa Hutchinson of Arkansas began policy issues. The developments described below have conversations about altering their states’ current methods drawn considerable attention in local legal communities of selecting state supreme court justices. Illinois currently and in some cases nationally. uses partisan elections, while Arkansas has nonpartisan Wisconsin elections. The Federalist Society and its Lawyers Chap- ters have brought the commentary of noted experts on In April, voters in Wisconsin approved an amend- judicial selection to those states, most recently with a ment to the state constitution changing the way the state’s Lawyers Chapter event in Little Rock. chief justice is selected. Previously, the chief justice was Publications simply the justice with the longest tenure on the court. The amendment instead gave the decision to the other The Federalist Society released several State Courts justices, who now elect the chief justice from among Project publications this spring. We maintained our focus their number. on providing coverage for state-level developments in In the immediate aftermath of the constitutional civil justice with the release of “2014 Civil Justice Up- change, then-Chief Justice Shirley Abrahamson launched date.” This white paper by Emily Kelchen chronicles the a federal legal challenge to the constitutionality of imple- litigation trends, legislation, and judicial developments menting the change immediately. She claimed that voters that had notable impacts on the civil justice system lo- had reelected her with the understanding that she would cally and nationally over the course of 2014. remain chief justice. This resulted in Justice Patience Additionally, the State Courts Project continues to Roggensack’s election to the position by her colleagues. release articles in our State Court Docket Watch series. This In July, the Wisconsin Supreme Court was once series provides a platform for knowledgeable practitioners again in the news, declaring that portions of Wisconsin’s to provide brief and insightful summaries of interesting campaign finance laws were unconstitutionally overbroad legal developments in their states. They highlight the and vague. This effectively ended the “John Doe” inves- impact of these cases locally and their potential ramifica- tigation into associates of Governor Scott Walker. tions nationally. North Carolina This spring, the Society released two Docket Watch articles. The first, authored by Caroline Levine, discusses Also in July, the North Carolina Supreme Court a recent Florida Supreme Court case concerning the ap- upheld that state’s school voucher system against a state plication of the Fourth Amendment to real-time location constitutional challenge. This reversed a lower court information from cellular telephones. The second, from opinion that said the program violated a state obligation Luke Wake, discusses and provides context for a 2014 to provide a sound education to all students, since private Indiana Supreme Court decision upholding the state’s schools receiving voucher funds do not operate in the “Right to Work” legislation. Articles are released on a same way that public schools do. In contrast, the state regular basis through our State Courts Guide website, Supreme Court held that the plaintiffs had not dem- and a compiled version of articles is distributed quarterly onstrated that the program plainly and clearly violated to our membership. any requirement or restriction of the state constitution.

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