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THE Federalist PAPER THE MAGAZINE OF THE FEDERALIST SOCIETY • FEDSOC.ORG Winter 2019 THE FEATURES PAPER FederalistTHE MAGAZINE OF THE FEDERALIST SOCIETY • FEDSOC.ORG BOARD OF DIRECTORS BOARD OF VISITORS Prof. Steven G. Calabresi, Chairman Mr. Christopher DeMuth, Co-Chairman Hon. David M. McIntosh, Vice Chairman Hon. Orrin G. Hatch, Co-Chairman Prof. Gary Lawson, Secretary Prof. Lillian BeVier 4 National Lawyers Mr. Brent O. Hatch, Treasurer Mr. George T. Conway Convention Hon. T. Kenneth Cribb Ms. Kimberly O. Dennis Hon. C. Boyden Gray Mr. Michael W. Gleba Mr. Leonard A. Leo, Executive VP Hon. Lois Haight Herrington 6 Student Division Hon. Edwin Meese, III Hon. Donald Paul Hodel Mr. Eugene B. Meyer, President Hon. Frank Keating, II 8 Lawyers Chapters Hon. Michael B. Mukasey Hon. Gale Norton Hon. Lee Liberman Otis, Senior VP Hon. Theodore B. Olson Prof. Nicholas Quinn Rosenkranz Mr. Andrew J. Redleaf 10 Faculty Division Hon. William Bradford Reynolds Ms. Diana Davis Spencer 12 Practice Groups Mr. Theodore W. Ullyot 14 Article I & STAFF International President Executive Vice President Senior Vice President Eugene B. Meyer Leonard A. Leo Lee Liberman Otis 15 Digital Student Division Lawyers Chapters Peter Redpath, VP & Director Lisa Budzynski Ezell, VP & Director 16 State Courts Kamron Kompani, Deputy Director Sarah Landeene, Deputy Director Kate Alcantara, Deputy Director Katherine Fugate, Associate Director 17 RTP Faculty Division Practice Groups Lee Liberman Otis, Director Dean Reuter, VP & General Counsel 18 Membership Anthony Deardurff, Deputy Director Erica E. Munkwitz, Deputy Director Brigid Flaherty, Associate Director Wesley G. Hodges, Associate Director 19 Resources Jim D. Pennell, Assistant Director Micah Wallen, Assistant Director Jennifer Weinberg, Academic Consultant Regulatory Transparency Project External Relations Devon Westhill, Director Jonathan Bunch, VP & Director Colton Graub, Associate Director Peter Bisbee, Director, State Courts Nathan Beacom, Assistant Director Elizabeth Cirri, Assistant Director Article I Initiative International Affairs Nathan Kaczmarek, Director James P. Kelly, III, Director, Of Counsel Conferences Paul Zimmerman, Deputy Director Juli A. Nix, Director Development Publications Jon T. Staab, Director Katie McClendon, Director Christina Tenney, Major Gifts Officer Stuart Beckett, Assistant Director Membership & Alumni Relations Paige Williams, Director Digital Jenny Mahoney, Coordinator Daniel T. Richards, VP & Director Administration Matt Wood, Director, FedSoc Films Douglas C. Ubben, VP & Director, Finance THE FEDERALIST PAPER • FALL 2018 • FEDSOC.ORG 2018 • FALL PAPER THE FEDERALIST Samantha Schroeder, Deputy Director, FedSoc Films C. David Smith, VP & Director, IT Jenny DeMarco, Assistant Director, Digital Maria Marshall, Director of Operations, Strategy Office of the Executive VP Alex Yershov, Associate Director, Digital Amy Harper, Assistant Director, Finance Operations Shiza Francis, Assistant Director, Office Ann Hartley, Assistant Director, FedSoc of the Executive VP Films Rhonda Moaland, Office Manager “The courts must declare the sense of the law; and if they should be disposed to exercise will instead of judgment, the consequence would equally be the substitution of their pleasure to that of the legislative body.” 2 Federalist No. 78 EDITOR’S LETTER THE FEDERALIST PAPER • FALL 2018 • FEDSOC.ORG 2018 • FALL PAPER THE FEDERALIST The promenade of the Mayflower Hotel, where attendees mingle between panels at the National Lawyers Convention. Dear Friend, The Federalist Society hosted the annual National Lawyers Our Practice Groups have not slowed down since planning and Convention this past November at the Mayflower Hotel in sponsoring the breakout sessions at the NLC. They continue to Washington, DC. The NLC continues to be the highlight of our year, produce excellent commentary on legal and policy issues in their and it has grown every year in both numbers and quality. This year’s teleforum conference calls, in the Federalist Society Review, and theme was Good Government through Agency Accountability on the Fed Soc Blog. and Regulatory Transparency, and our four showcase panels The Article I Initiative has hosted or co-hosted several events covered that topic from several interesting angles. Breakout sessions recently, as has the International Affairs Division. Our Digital sponsored by our fifteen practice group touched on that topic and team has been hard at work producing mini-documentaries and branched out into other areas of law. Thursday night’s Antonin other short videos; see inside for some examples, and watch them Scalia Memorial Dinner featured a keynote conversation between at youtube.com/thefederalistsociety. See inside for information former White House Counsel Don McGahn and Senate Majority about our new and improved State Court Docket Watch, a project Leader Mitch McConnell about judicial selection. See inside for of our External Relations team. The Regulatory Transparency more details and photos of the Convention. Mark your calendar Project continues to produce excellent papers, podcasts, and videos, now for November 14-16, and join us for NLC 2019! some of which are listed in this issue and all of which you can access Our Student Chapters are doing great work as always. The 2019 at regproject.org. National Student Symposium is coming up March 15-16, and it We hope you enjoy this look at our recent events and commentary. will be held in sunny Phoenix, Arizona. See inside for profiles of Keep up with us between issues on social media and at fedsoc.org, an outstanding Student Chapter and a longtime and much-loved and please send us any comments at [email protected]. We look speaker. The annual Western Chapters Conference and Florida forward to hearing from you! Chapters Conference were just held back-to-back this winter, and you can see photos from those events inside. The Faculty Division’s annual conference took place in New Orleans in early January, and Katie McClendon it featured several interesting panels and workshops. Director of Publications 3 NATIONAL LAWYERS CONVENTION • Prof. Richard Epstein, NYU Law • Prof. Philip Hamburger, Columbia Law • Prof. Kathryn Kovacs, Rutgers Law • Prof. Jon Michaels, UCLA Law • Hon. Britt Grant, 11th Circuit (moderator) Showcase Panel I: What is Regulation For? • Hon. Steven G. Bradbury, U.S. Dep’t of Transportation • Dr. Cary Coglianese, Penn Law • Prof. Susan Dudley, George Washington Senator Mitch McConnell and Former White Counsel Don McGahn University discussed judicial selection at the Antonin Scalia Memorial Dinner. • Prof. Catherine M. Sharkey, NYU Law • Hon. Michael B. Brennan, Showcase Panel II: Balancing Insulation and 7th Circuit (moderator) Accountability of Agency Decisions • Prof. Nestor Davidson, Fordham Law • Prof. Chris Green, Mississippi Law • Prof. Miriam Seifter, Wisconsin Law • Hon. Jeffrey Sutton, 6th Circuit • Hon. Michael Scudder, 7th Circuit (moderator) Showcase Panel III: The States & Administrative Law • Hon. C. Boyden Gray, Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Boyden Gray & Assoc. Circuit delivered the 18th Annual Barbara K. Olson Memorial Lecture. • Prof. Kristin Hickman, Minnesota Law • Prof. Sally Katzen, NYU Law RESOLVED: District courts do not have the authority to enter universal injunctions. • Prof. Nicholas Parrillo, THE FEDERALIST PAPER • FALL 2018 • FEDSOC.ORG 2018 • FALL PAPER THE FEDERALIST Yale Law • Hon. David Stras, 8th Showcase Panel IV: Does Agency Regulatory Circuit (moderator) Power Extend Beyond its Formal Power, and Should It? • Mr. Richard Brookhiser, Author of John Marshall: The Man Who Made the Supreme Court • Hon. S. Kyle Duncan, 5th Circuit • Hon. Kevin Newsom, 11th Circuit • Mr. David B. Rivkin, Jr., BakerHostetler • Hon. William H. Pryor, Jr., John4 Marshall: The Man Who Made the Supreme 11th Circuit (moderator) Hon. Beth A. Williams moderated the Rosenkranz Debate between Court Prof. John Harrison (UVA Law) and Neal Katyal (Hogan Lovells). NATIONAL LAWYERS CONVENTION THE FEDERALIST PAPER • FALL 2018 • FEDSOC.ORG 2018 • FALL PAPER THE FEDERALIST Opening Address by Sen. Mike Lee Senator Mitch McConnell and Former White Counsel Don McGahn discussed judicial selection at the Antonin Scalia Memorial Dinner. Address by HHS Secretary Alex Azar Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Circuit delivered the 18th Annual Barbara K. Olson Memorial Lecture. RESOLVED: District courts do not have the authority to enter universal injunctions. Evolution of the District Courts • Hon. Thomas Hardiman, 3rd Circuit • Hon. Michael B. Mukasey, Debevoise & Plimpton, Former U.S. Attorney General • Hon. William E. Smith, District of Rhode Island • Hon. Amul Thapar, 6th Circuit • Hon. Carlos T. Bea, 9th Circuit Hon. Beth A. Williams moderated the Rosenkranz Debate between 5 Prof. John Harrison (UVA Law) and Neal Katyal (Hogan Lovells). STUDENT DIVISION The University of Michigan Law School’s Federalist Society Student Chapter has been doing a great CHAPTER PROFILE: job this year. Check out some of the developments University of in their chapter! New Developments in the Chapter Michigan Law This Year • The first isssue of the Madison Profile—the University of Michigan Federalist Society’s new School newsletter—was published in December • Record 1L involvement with more than twenty active 1L members • Fed Soc outline bank • Mini-lecture series on Bluebook citations by a recent alum to help 1Ls prepare for the Law Review write-on process Notable
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  • Trump Judges: Even More Extreme Than Reagan and Bush Judges

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