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1990 Supreme Court Preview: What to Expect from the 1990-91 Term Institute of Bill of Rights Law at the William & Mary Law School

Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Supreme Court Preview: What to Expect from the 1990-91 Term" (1990). IBRL Events. 63. https://scholarship.law.wm.edu/ibrlevents/63

Copyright c 1990 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/ibrlevents WHAT TO EXPECT FROM THE 1990-91 TERM

Friday, September 21 The Institute of Bill of Rights Law was established at Wi lliam and Mary in 1982 to support research and education on the Constitution and Bi ll SUPREME I2:30 p.m.- I :00 p.m. Registration of Rights. One of the principal missions of the Institute is to facilitate Law School Lobby interaction between the professions of law and . T hrough a discussion of key cases on the Su preme Court's Docket at the start of each COURT I :OOp.m. Welcome, Timothy]. Sullivan term, the annual Supreme Court Preview provides in-depth education for Room 119 Dean of the Marshall-Wythe School of Law, journalists on the underl ying constitutional issues in order to enhance Executive Director of the Institute of Bill of press coverage of the decisions. For this conference the Institute is fortunate Rights Law, and john Stewart Bryan Professor to have received assistance from the National Conference of Editorial PREVIEW ofJ urisprudence, College of William and Mary Writers. I :05 p.m.- 2: 15p.m. RELIGION AND SPEECH Room 11 9 STAFF 2:30p.m.- 3:30p.m. PRIVACY Timothy J. Sullivan, Executive Director, Dean of the School of Law and WHAT TO EXPECT Room 119 John Stewart Bryan Professor of Jurisprudence. Rodney A. Smolla, Director and Arthur B. Hanson Professor of Law . 3:45p.m.- 5:00p.m. EQUALITY Kay P. Kindred, Deputy Director and Lecturer. FROM THE Room 119 Mildred A. Arthur, Administrative Assistant. 5:00p.m. Reception 1990-91 TERM Law School Lounge INSTITUTE ADVISORY BOARD John Stewart Bryan, III (Advisory Board Chair), Publisher, Richmond Times Dispatch and The News Leader, Richmond, Virginia. Saturday, September 22 Frank Batten, Chairman, Landmark Communications, Norfi.>lk, Virginia. James K. Batten, President and Chief Executive Officer, Knight-Ridder, Inc., Miami, Florida. David Boies, Esquire, Cravath, Swaine & Moore, New York, New York. 9:00a.m.- 9:30a.m. Coffee Roslyn A. Mazer, Esquire, Dickstein , Shapiro & Morin, Was hington, D.C. Law School Patio or Lounge Lloyd G. Schermer, Chairman and Chief Executive Officer, Lee Enter- September 21-22, 1990 9:30 a.m.- I 0:30a.m. CRIMINAL LAW AND PROCEDURE prises, Inc., Davenport, Iowa. Gregory P. Schermer, Esquire, Corporate Counsel, Lee Enterprises, Inc., Room 119 Davenport, Iowa. 10:45 a.m. - 11 :45 a.m. OTHER CONSTITUTIONAL LAW ISSUES The Honorable Fred Schwengel, President, U.S . Capitol Historical Society, Room II9 Washington, D.C.; former Member of Congress from Iowa. The Honorable William B. Spong, Jr., Dean and Dudley Woodbridge II :45 a.m.- I :30 p.m. Break for Lunch (on your own) Professor Emeritus, Marshall-Wythe School of Law, College of William and Mary; former United States Senator from Virginia. I :30 p.m. -2:30p.m. THE COURT'S FUTURE DIRECTION Wallace Terry, Parade Magazine. Room 119 William W. Van Alstyne, William and Thomas Perkins Professor of Law, presented by 2:45p.m.- 3: 15p.m. MOOT COURT Duke University School of Law, Durham, North Carolina. Moot Court Room The Institute of Bill of Rights Law The College Of 3:30p.m. -4:00p.m. MOOT COURT The College of William and Mary Moot Court Room WILLIAM&MARY Marshall-Wythe School of Law SUPREME COURT PREVIEW

BRUCE FEIN writes a weekl y newspaper column for and is President · of Colorado. He received a B.A. from Swarthmore and a J.D. fi·om Yale. He has of Bruce Fein & Associates. He received a B.A. fl·om the University of California-Ber­ written Constitulionc;l Cultures: The Mentality and Consequences oj}u.dicial Review ( I989). keley, and a J.D. from Harvard. After clerking for Judge Frank Kaufman, U.S. District RON ROTUNDA is a professor of law at the University of Illinois. He has an A.B. and Court, Maryland, Mr. Fein served for ten years in a variety of posts in the l).S. PANELISTS: a J.D. from Harvard. He ,cle1·ked fo rJl!dge Walter R. Mansfield, U.S. Court of Appeals, Department of .Justice, including Associate Deputy Attorney General. He served in Second.Circuit. H e is the author of m'trnerous law review articles and books on constitu­ 1983-84 as General Counsel to the Federal Communications Commission. He was also tiona! law including the tre<~ti se ,ConstitutiorUJ.l"'" Law (with Nowak and Young). a Senior Vice President in the Telecommu nications and Information Grou p of Gray LEA BRILMAYER is the Nathan Baker Professor of Law at Yale Law School. She received and Company, and the Supreme Court Editor of BenchnUJ.rk magazine. DAVID SAVAGE has covered the S upre 1~e Court for the Los Angeles Times since 1986. a B.A. and a J.D. from the University of California- Be rkeley, and an LL.M . from From 1 ~ 81 to' I986 he coverecl 'the Los Angeles schools and universities. From 1976 MICHAEL GERHARDT is a professor of law at Wake Forest and for the 1990-91 Columbia. She is co-author of Cases and MateriaL\ on the Conflict of Law (3d edition) and until 1981 he lived i1,1 Washington and was a reporter for the weekly Education US A academic year, he is a visiting professor of law at William and Mary. He recei\fed a of An lntTOdl.u:lion lofurisdiction in the A11wriwn Federal System, and the author o fjw tifying newsl'etter and covered Congress and the Supreme Court. Mr. Savage has a masters B.A. from Yale, an M.Sc. in Political Philosophy from the London School of Economics, International Acts ( 1989). Basic Princif!les ofthe Conflict ofLa.ws will be published shortly . degree in joun~ a li s m from Northwestern University and an undergraduate degree and a J.D. from Chicago. He is the author of numerous law review articles. , from the University of North Carolina. RICHARD CARELLI has worked for "f'he Associated Press since 1969 and has covered the Supreme Coun sin ce 1976. He has worked as a journalist in New York, West LINDA GREENHOUSE has been on the staff of since 1968. She has SUZANNA SHERRY i? a law professor at the . She received an Virginia, O hio, a nd Florida as well as in Washington, D.C. H e received a B.S . from covered politics, the New York State Legislature, the U.S. Congress and, since 1978, -A:,B . ti'Om Middlebury College and .a J.D. from Chicago. She clerked for Judge J ohn O hio Uni versity and a J.D. from George Washington Unive1·s ity. the Supreme Court. She received a B.A. from Radcliffe and earned a Master of Studies ,C. Godbold ~ U .S. ~ourt of Appeals , Fifth Circuit, and practiced in Washington, D.C. in Law from Yale while a Ford Foundation Fellow. Profe~ so r Sherry has written a number of higl)ly regarded articles on constitutional ERWIN CHEMERINSKY is a law professor at the Uni versity of Southern Cali fornia. law and constitutional history. H er book A History of the A1ru'Tiw n Constit1i.tion (with Dan He received a B.S. from Northwestern and a .J.D. from H arvard. He was an attorney NAT HENTOFF writes on virtually every aspect of the American scene, including public Farber) .was published in I 989. with the U.S. De partment of Justi ce and was in private practice in the District of policy and law. He has been a staff writer fo r The Village Voice since 1958. He is also Columbia. He is the author of ln t. erfHeting the Constitution (1 987) and Federal j urisdiction a columnist for and a staff writer for the New Yorlwr. In 1980 Mr. RODNEY SMOLLA is the Arthur B. Hanson Pro fessor of Law, and the Director of the (1 989). Hentoff was awarded an American Bar Association Sil ve r Gavel Award for his coverage Institute of Bill of Ri ghts Law at the Co ll eg~ of William anp Mary. He received a B.A. of the law and criminal justice in his columns. H e received a B.A. from Northeastern from Yale and a J.D. from Duke. He clerked for Judge Charles Clark, U.S. Court of WALTER DELLINGER, is a law professor at Duke University. He received an A.B. from a nd did graduate work at Harvard . He was a Fulbright Fellow at the Sorbonne in Paris Appeals, Fifth Circuit, and practiced in Chicago. Professor Smolla writes and speaks the Uni ve rsity of North Carolina-Chapel Hill and an LL.B. from Yale. H e clerked for and was awarded a Guggenheim Fellowship in education. Mr. H entoffs most recent extensively on constitutional law issues. His first book, Suing the Press : Libel, the Media justi ce Hugo Black, U.S. Supreme Court. Professor Dellinger has been on the Duke books incl ude Th e Day Th ey Came to Arrest the Book (1 982) and j ohn Cardinal O'Connor: & Power ( 1986) received the ABA Gavel Award Certificate of Merit in 1987. He is the faculty since 1969. His writings include numero us law review a rticles. At the Storm Center of a Changing American Catholic Church (1 987) . author of a le~al treatise, Law of Def amation (1 986), and ofjmy Falwell v. La.rry Flynt: LYLE DENNISTON, a reporter hn Th e Baltimore Su.n., Washington Bureau , is assigned The First Amendment on Trial ( 1 98~ ) . RANDALL KENNEDY is a professor of law at Harvard. H e received an undergrad uate lO the U.S. Supreme Court. He is a regul ar columnist fo r the Washington journalism degree from Princeton , was a Rhodes Scholar at Ball iol College at O xford, and received STEPHEN WERMIEL is the Supreme Court corresponde nt for the Wall Street .Journal Revww and the Amencan. Lawyer magazmc. He is a legal commentator for C-SPAN and a J.D. from Yale . He clerked for judge J. Skell y Wright, U .S. Court of Appeals, D.C. covering the court as well as other legal issues. He received a B.A. from T ufts University the MacNeil -Le hrer News Hour. Mr. Denniston is also an adjunct professor of law Circuit, and for justice T hurgood Marshall,. U .S. Supreme Court. Professor Kennedy and a J.D. from American Univer sity. Mr. Wermiel is currently at work on an authorized and a jo umali sm lecturer at Georgetown. He received a B. A. (·rom the Uni versity of j oined the Harva rd f~t c ult y in 1984. H e has published extensively in both legal and biogra phy ofjustice William Bi·ennan. Nebraska and an M.A . in Ame rican history a nd political science from Georgetown. general interest p ublications. Mr. Denniston is the author of 'lite R1:jmrler & The I..mv: Techn.i1JU.es of Covering the Courts KATHLEEN SULLIVAN is a professor of law at Harvard. In addition to teaching, she (1980). . RUTH MARCUS covers tl1e Supreme Court for the Washington Post; other assignments is an active appellate litigator in collstitutional law and criminal law. She received a have incluclecl legal affairs and the Justice De partment. Ms. Marcus has also reported B.A. from Cornell , a B.A. from Oxford as a Marshall Scholar, and a J.D. from Harvard. NEAL DEVINS is a law pmf'csso r at the Coll ege of William and Mary. He is also a for the National LLtw Journal. She received a B.A . from Yale and a .J .D. from H arvard. She has published articles about affi rmati ve action, abortion, AIDS and criminal law, Research Fell ow at the Institute of Bill of Ri ghts Law. H e received an A.B . from and unconstitutional conditions on government benefits. Georgetow n a nd a J D. from Yandei·biiL He was Assistant General Counsel to the U.S. TONY MAURO is the Supreme Court correspondent for Gannett News Service and USA Commiss ion on Civil Ri ghts, and Project. Director at the Va nderbilt Institute for Public TODAY and the Supreme Court columnist for Legal Tim es. He received a B.S. from MEL UROFSKY is a professor of history at Virginia Commonwealth University. For Po licy Stud :es. Professor Devins currently is a contributing editor to the Ame rican Ba r Rutgers and an M.S. in J ournali sm from Columbia. He has edited the a nnual Freedom 1990-91 , he is rhe Joseph Pinckney H arrison Visiting Professor of History at William AssoCi ation s Premew and edi tor and contributor f{n · Public Values, P·rivate Schools, (Stan­ of Info rmation Report of the Society of Professional Journalists since 1982. a nd Mary. He received an undergraduate degree and a doctorate from Columbia and ford Seri es on Education & Pu hi ic Pol icy 1989). a J.D. from the University o£ Virginia. Professor Urofsky has written extensively on MICHAEL MCCONNELL is a professor of law, Director of the Law and Government. Louis D. Brandeis, including Louis D. Brandeis and the Progressive Tradition ( 1980). Most AARON . EPSTEIN is a national con espondent f{n · Kni ght-Ri dder Publi cations program , a nd Senior Fellow of the J ohn M. Olin Center fo r Inquiry into the T heory recently he edited a two-volume collection , Docum.en/s of American Constitutional History (Washmgton Bmcau) and covers the Supreme Court, the Justice De partment and and Practice of Democracy at the Uni ve rsity of Chicago. He received a B. A. from (1 988). la w- rela ted rn a l.l.e rs. He received a B.A . from Dartmo uth and a J.D. from McGeorge Michigan State and a J.D. from Chicago. He was a law clerk to Chief judge J. Skelly EDWIN YODER writes a twice-weekl y national column sy ndicated by the Washington C,o llege of La w, Uni ve rsity of the Pacific, and attended the u ·niversity o f Mi ssouri Wright, U.S. Court of Appeals, D.C. Circuit, and fo r justice Williamj. Brennan, U .S. Post Writers Grou p. He received a B.A. from the University of North Carolina a nd a School of. Joumahsm. He was a mernber of the Phiuulelphia Inquirer stall that won the Supreme Court. He held governme nt positions with the O ffi ce of Ma nagement ariel B.A. and an M. A. from O xfo rd as a Rhodes Scholar. He is a fo rmer editorial page 1980 Pul11.1.er Pnze for local re poning fo r cove rage of the T hree Mil e Island nude<•• Budget and with the Dq~a nm e nt. of justice. accrdent , and ol th e Knight-Ridder team that won a 1988 Polk Award f(H· coverage of editor of the Wa,1hingtmi. Star and won a 1979 Pulitzer Prize fo r editorial writing. His the I ran-Contra affair. ROBERT NAGLE is the Rothgerber Professor of Consti tutional Law at the University second book l'll.e Unmahing of a Whig will be published by Georgetown University Press.