Fifty Years Later
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THE GEORGE WASHINGTON LAW REVIEW PRESENTS The CHALLENGE ofCRIME in a FREE SOCIETY: FIFTY YEARS LATER Thursday, October 26–Friday, October 27, 2017 The George Washington University Law School www.gwlr.org/symposia Established in 1932, The George Washington Law Review is edited and published by students at The George Washington University Law School. The journal examines legal issues of national significance, publishing six issues each year containing scholarly articles, essays, and student notes. In addition to publishing a special Annual Review of Administrative Law, the Law Review runs an online companion journal, Arguendo, and a Supreme Court coverage platform, On the Docket. The scholarly work discussed during The Challenge of Crime in a Free Society: Fifty Years Later will be published in the 86th Volume of the Law Review. More information about the Law Review, including past Symposia coverage, can be found at www.gwlr.org. #ChallengeofCrimeat50 #GWLRSymposium PARTICIPANT INTERNET ACCESS: Select the “GWLAW_GUEST” WiFi network and connect to the network. After selecting the network, launch a web browser and choose “Don’t have an account.” Fill in the fields, providing an email address or cell phone number to receive credentials by phone. Validate guest access and use the GWLAW_GUEST network. The George Washington Law Review, along with our co-sponsor, Senior Associate Dean Roger A. Fairfax, Jr. of the George Washington University Law School, are thrilled to present our Fall 2017 Symposium, The Challenge of Crime in a Free Society: Fifty Years Later. This symposium marks the 50th anniversary of the report by President Lyndon Johnson’s Commission on Law Enforcement and Administration of Justice, “The Challenge of Crime in a Free Society.” Led by Attorney General Nicholas deB. Katzenbach, the Commission compiled comprehensive data on crime in the United States, discussed the salient issues confronting the criminal justice system and provided recommendations to address these problems. Now, 50 years later, our society continues to face many of the same obstacles to an effective and fair criminal justice system. At a time when there is bipartisan consensus that criminal justice reform is necessary, revisiting “The Challenge of Crime in a Free Society” will pro- vide insights into how to address those questions. Inspired by the focus of the report, the Symposium will examine the essential issues of courts and procedure, technology, policing, corrections and sentencing, prosecution, the war on drugs, and juvenile justice. The focus will be the future of the criminal justice system and what steps can be taken to achieve reform. This Symposium is particularly timely given the recent bipartisan legislation proposing a new National Criminal Justice Reform Commission modeled on the Johnson Commission. CLE materials* for the Symposium are available at www.gwlr.org/symposia. Password: ChallengeofCrimeat50 *Upon request, the law school will submit applications to state bar associations for continuing legal education credits. Please note that CLE approval is ultimately at the discretion of individual states and no advance assurance can be given that credit will be granted in all cases. Please contact [email protected] with any questions. The GW Criminal Law Initiative is designed to illuminate career pathways in criminal law and policy for GW Law students and alumni, and to promote academic inquiry, professional engagement, and scholarly research on cutting-edge criminal law issues. Roger A. Fairfax, Jr., Founder and Director www.law.gwu.edu/crimlaw The George Washington University Law School 1 AGENDA Thursday, October 26 (Jack Morton Auditorium, Media & Public Affairs, 805 21st Street, NW) 4:00 p.m. Keynote Address Chief Judge Patti B. Saris, U.S. District Court for the District of Massachusetts and former Chair of U.S. Sentencing Commission (2011-2017) 4:45 p.m. Experiences and Perspectives on the 1967 President’s Commission on Law Enforcement and Administration of Justice Alan B. Morrison (Moderator), Lerner Family Associate Dean for Public Interest and Public Service Law, George Washington University Law School Judge Patricia Wald, former Chief Judge of the U.S. Court of Appeals for the District of Columbia Circuit; former Commissioner of the President’s Commission on Crime in the District of Columbia and advisor to the 1967 Commission Elizabeth Bartholet, Morris Wasserstein Public Interest Professor of Law and Faculty Director of the Child Advocacy Program, Harvard Law School; 1967 Commission staff member Sheldon Krantz, Visiting Professor of Law, Georgetown University Law Center; 1967 Commission staff member Susan Freeman Schapiro, former legal services lawyer and private practitioner; 1967 Commission staff member Friday, October 27 (Jack Morton Auditorium, Media & Public Affairs, 805 21st Street, NW) 8:00 a.m. Breakfast 8:45 a.m. Opening Remarks Roger A. Fairfax, Jr., Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs and Research Professor, George Washington University Law School; Director, GW Criminal Law Initiative 9:00 a.m. Keynote Address Congressman Bobby Scott, U.S. House of Representatives, Ranking Member of the Committee on Education and the Workforce; former Ranking Member of the Task Force on Over-Criminalization (113th Congress) 9:30 a.m. Police Violence and the Fourth Amendment Roger A. Fairfax, Jr. (Moderator), Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs and Research Professor, GW Law; Director, GW Criminal Law Initiative Devon Carbado, Honorable Harry Pregerson Professor of Law, UCLA School of Law; Associate Vice Chancellor, BruinX Nancy Leong, Professor of Law, University of Denver Sturm College of Law Song Richardson, Interim Dean and Professor of Law, University of California, Irvine School of Law 10:30 a.m. Break 2 The Challenge of Crime in a Free Society: Fifty Years Later Friday, October 27 (continued) 10:45 a.m. Policing of Vulnerable Groups Renée Hutchins (Moderator), Jacob A. France Professor of Public Interest Law and Co-Director, Clinical Law Program, University of Maryland Carey School of Law Kristin Henning, Agnes N. Williams Research Professor of Law and Associate Dean for Clinics, Centers and Institutes and Director, Juvenile Justice Clinic, Georgetown University Law Center Erik Luna, Amelia D. Lewis Professor of Constitutional and Criminal Law, Arizona State University Sandra Day O’Connor College of Law Tracey Meares, Walton Hale Hamilton Professor of Law, Yale Law School; Founding Director, The Justice Collaboratory 11:45 a.m. Keynote Address Congressman Jamie Raskin, U.S. House of Representatives, Vice-Ranking Member of the House Judiciary Committee and Co-Sponsor, National Criminal Justice Commission Act of 2017 Program moves to 2000 H Street, NW 12:15 p.m. Lunch (Faculty Conference Center, Burns Fifth Floor) 1:30 p.m. Looking Forward: Criminal Justice Policy and Reform (Jacob Burns Moot Court Room) Judge Ketanji Brown Jackson (Moderator), U.S. District Court for the District of Columbia Edward Chung, Vice President for Criminal Justice Reform, Center for American Progress Todd Cox, Director of Policy, NAACP Legal Defense and Education Fund, Inc. Brandon Garrett, White Burkett Miller Professor of Law and Public Affairs, Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia School of Law Paul Marcus, Haynes Professor of Law, William and Mary Law School Nkechi Taifa, Advocacy Director for Criminal Justice, Open Society Foundations 2:45 p.m. Break 3:00 p.m. Prosecutorial Power (Jacob Burns Moot Court Room) Cynthia Lee (Moderator), Charles Kennedy Poe Research Professor of Law, George Washington University Law School Angela Davis, Professor of Law, American University Washington College of Law Adam Gershowitz, Associate Dean for Research and Faculty Development and Professor of Law, William and Mary Law School Daniel Richman, Paul J. Kellner Professor of Law, Columbia Law School Ronald Wright, Needham Yancey Gulley Professor of Criminal Law, Wake Forest University School of Law 4:15 p.m. Closing Reception Co-Sponsored by the GW Criminal Law Initiative (Tasher Great Room) The George Washington University Law School 3 KEYNOTE SPEAKERS Chief Judge Patti Saris Chief Judge, U.S. District Court for the District of Congressman Jamie Raskin Massachusetts and former Chair of U.S. Sentencing U.S. House of Representatives, Vice-Ranking Member Commission (2011-2017) of the House Judiciary Committee & Co-Sponsor, U.S. District Judge Patti B. Saris became Chief Judge of National Criminal Justice Commission Act of 2017 the U.S. District Court for the District of Massachusetts Congressman Jamie Raskin proudly represents Maryland’s on January 1, 2013. She was Chair of the U.S. Sentencing eighth Congressional District in the U.S. House of Commission in Washington, D.C., from January 2011 Representatives. The district includes parts of Montgomery, to January 2017. She is a graduate of Radcliffe College Carroll, and Frederick counties. Congressman Raskin was (BA ’73), and Harvard Law School (JD ’76). After grad- sworn in to the 115th Congress on January 3, 2017. uating from law school, Judge Saris clerked for the Congressman Raskin is the Vice-Ranking Member of the Massachusetts Supreme Judicial Court and then went House Judiciary Committee and serves on two Judiciary into private practice. When Senator Edward M. Kennedy subcommittees: the Subcommittee on the Constitution became Chairman of the Senate Judiciary Committee, she and Civil Justice and the