The Federalist Society for Law and Public Policy Studies
2013 ANNUAL REPORT THE FEDERALIST SOCIETY
aw schools and the legal profession are currently Lstrongly dominated by a form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law.
The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities.
This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, law students and professors. In working to achieve these goals, the Society has created a conservative intellectual network that extends to all levels of the legal community. Letter from the President
he year 2013 was a good one for the Federalist Society as an We have responded to this rising demand with more extensive and Tǰȱȱȱȱȱęȱȱȱ ǯȱ ěȱ ȱ ¢ȱ ¢ǯȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ The Student Chapters in particular are stronger than ever, not only ȱ ȱȱȱȱęȱȱȱȱȱ¢ȱȱ numerically but also anecdotally. Even as law schools themselves are to the culture of freedom and responsibility which the law is designed ȱ ȱ ěȱ ȱ ěȱ ȱ ȱ ȱ ȯęȱ ¢ȱ ȱȱǯȱȱȱȱ¢ǰȱȱȱȱȱěȱ ȱȱ ȱȱȱȱȱ ȱȱȱŗşŝŖȯȱȂȱȱ ǰȱȱ¢ȱȱę¢ȱ¡ȱȱȱȱȱȱȱ continue to draw consistently high crowds of students. This indicates a ¢ȱȱǰȱǰȱ Ĵǰȱǰȱȱȱȱ genuine hunger for the intellectual stimulation that Federalist Society ȱȯȱęȱȱȱȱȱȱ ȱȱ¢ȱ ȱěǯȱȱ ȱȱȱȱȱȱȱ being planned. We hope that this increase in programmatic variety rise not only among the Student Chapters but also in the Lawyers will enable us to convey the constitutional ideas we have discussed for Chapters and Practice Groups as well, and in our Faculty and State decades to a wider ranging audience than ever before. Courts activities. For of course that is the purpose of the Federalist Society: to ensure that these constitutional ideas are heard, in the belief that our Founding Fathers conceived the best structure of government human beings ȱ ȱ ǰȱ ȱ ȱ ȱ ęȱ ȱ ȱ Ȃȱ ȯȱȱȱ¡ȱȱȱǰȱȱȱȱ of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law ǰȱȱ ȱȱȱȯ ȱȱȱȱȱȱĴȱ¢ǯ
Sincerely,
Eugene B. Meyer President
(left to right) Former Congressman David McIntosh, who is Vice Chairman of the Federalist Society Board of Directors; Prof. Steven Calabresi of Northwestern Law School, who is Chairman of the Federalist Society Board of Directors; Federalist Society Senior Vice President Lee Liberman Dzȱȱ¢ȱȱȱ¢DzȱȱĴ¢ȱ ȱȱȱ¢ȱ Board Member Michael Mukasey; Susan Mukasey; Federalist Society Executive Vice President Leonard Leo; and U.S. Supreme Court Justice Samuel Alito. Student Division Again the Strongest Extracurricular Group at a Majority of Law Schools
2012-2013 was another very strong academic year for the Student Division. The Student Chapters conducted 1,476 events with guest speakers, which reached over 83,000 individuals. We have chapters at almost all of the approximately 200 accredited law schools. We rely heavily on the dedication of our Student Chapter leaders to bring together our brightest legal minds to their campuses to debate and discuss the role of government and cases before the Supreme Court. Federalist Society chapters are the most active extracurricular groups at most of these 200+ ȱ ǯȱȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ coursework, jobs, and participating in activities such as Law Review, our students nonetheless choose to volunteer their time to the Federalist Society chapter on their campus. Without the volunteerism of our Student Chapter representatives to fill the void of conservative and libertarian ideas being debated on Former U.S. Ambassador to the United Nations John Bolton with the Penn Chapter after campus, students would be forced to assume that there is only one way an event in October. to think about issues facing law and public policy. With the help of Student Chapters, the Federalist Society reaches more individuals each for publicity, catering, and speaker coordination. More than 50 of our year. The number of events remains between 1,400 and 1,500 per year. chapters hosted at least 10 events in the 2012-2013 academic year, and ȱȱȱȱȱȱȱ¢ȱȱȱȱȱĴȱ ȱȱřŖȱȱȱȱŗŖŖȱĴȱȱȱȱȱǯ ȯȱȱȱȱȱȱȱŝśǰŖŖŖȱȱȱ Supreme Court Round-Ups continue to play an important role in 83,000. The Student Division would not have been able to accomplish our student programming each fall. This year, our chapters held 26 such this without the help of Student Chapter leadership who are responsible ȱ ȱ ȱ ǯȱ ȱ Arizona chapter held an outstanding panel with Clint Bolick of Goldwater Institute, Prof. Melissa Murray of California-Berkeley, Judge Neil Wake from the U.S. District Court ȱ£ǰȱȱǯȱȱȱȱ£ȱ ǯȱȱȱ ȱȱ ȱ ¢ȱȱȱȱ¢Ȃȱȱ¢ȱȱȱŗǯȱ Minnesota continued their tradition of hosting Justice David Stras for ȱȱȱȬǰȱ ȱ¢ȱȱŗŘŖȱĴǯȱȱ Southern Californiaȱȱęȱȱȱ ȱŘŖŖȱȱȱ¢ȱ for their Supreme Court Round-Up panel, which included former U.S. Solicitor General Gregory Garre, Justice Goodwin Liu of the California Supreme Court, and Prof. Rebecca Brown of Southern California. Ohio State held an informative panel on the upcoming term with Prof. Daniel ǰȱǯȱȱǰȱǯȱȱ ǰȱǯȱȱǰȱ ȱǯȱȱǰȱȱȱȱȱ ǯȱȱȱȱȱ Federalist Society President Eugene Meyer with members of the Pepperdine Chapter at the ȱȱȱĴǰȱȱ¢ȱȱȱȱȱȱȱ Student Symposium Banquet in March. Pepperdine received the Thomas Paine “Feddie” Award what important decisions have been made over the past year and for for Creative Publicity. what to expect as the new term approaches. 2 Student Chapters Programs 2013 | FEDERALIST SOCIETY | Annual Report Events on the topic of religious liberties have always been ȱȱȱȯȱȱȱŜŚȱȱȱȱ umbrella during the last year. Brigham Young held an event on the ȱȱȱȱ ȱȱěȱȱȱǯȱ ȱ ȱŗŚŖȱȱĴȱȱȱǰȱ ȱȱǯȱĴȱ Gaylord of Elon Law and Prof. Fred Gedicks of Brigham Young Law. The Wisconsin chapter held one of their most successful religious liberties events this fall, which featured Prof. Patrick Garry of South Dakota Law ȱǯȱȱȱȱȱ ǯȱȱȱ ȱȱȱȱȱ ȃȱȱȄȱȱȱȱŞśȱȱȱĴǯȱ The ȱȱ ȱǯȱ ¢ case at the Supreme Court was a popular topic with our chapters this semester, with Notre Dame, Virginia, Michigan State, Wayne State, Arizona State, Brooklyn, Harvard, Yale, Washington-St. Louis, and Pepperdine all holding events on the case, ǻȱ ȱ Ǽȱ ȱ ȱ ȱ ȱ Ĵȱ ǰȱ ǯȱ ȱ ǰȱ ȱŜŖȱĴȱǯ ȱȱ ǰȱȱǯȱȱǰȱȱ ǰȱȱȱȱȱȱȱ ȱȱȃĜȱȱȱFisher” in October. Many of our chapters are interested in drones and national security. Student Chapters held 25 drone events in 2012-2013. These are thought- Glenn Greenwald of ȱ ȱon the topic of “Terrorism and Predator ȱ ȱ ȱ ȱ ȱ ȱ Ĵȱ ȱ Śśǯȱ ȱ ȱ ȱ ǯȄȱȱ ȱȱȂȱȱȱȱȱȱ¢ȱ ȱ speakers, Prof. Greg McNeal of Pepperdine and Prof. Michael Lewis of ŗřŖȱȱĴǯȱ ȱǰȱȱȱȱȱǯȱȱ Rutgers-Camden, North ȱȱȱȱȱȱȱȱȱȱȱ Carolina, Indiana-Bloomington, and Columbia chapters held debates ȱȱȱǯȱȱȱȱ¢ȱȱŗŝȱȱȱ ȱȱȱȱȱŜŖȱȱȱ¢ȱȱĴǯȱIllinois speeches with commentary on this topic and we anticipate this number held a debate with Dr. James Carafano of the Heritage Foundation and ȱȱ¢ǰȱȱ¢ǰȱȱǰȱȱ ȱ ȱȱ ȱȱȱȱ ǯȱȱȱȱȱȱȱȱȱ ȱȱȱȱȱȱȱȱśŖȱȱǯȱȱȱȱȱ speakers on this topic are: Prof. Logan Beirne of Yale Law, Prof. Nathan Sales of George Mason Law, Prof. Gregory McNeal of Pepperdine Law, Prof. Paul Rosenzweig of George Washington Law, and Mario Loyola of ȱ ¡ȱȱ ¢ȱ ǯȱ ȱ UCLA, George Washington, Chicago-Kent, New York University, and Washington-St. Louis chapters ȱ ȱ ȱ ȱ ŝśȱ ȱ ȱ ȱ Ĵǯȱ ȱ Kentucky, Chicago, Texas-Austin, and Barry ȱȱȱȱ ȱȱ ŗŖŖȱĴǯ ȱȱȱȱȱȱȱȱȱ ȱ ȱ the debate at the University of Chicago between Prof. Paul Rosenzweig, ȱ ȱ ȱȱǯȱ££ȱ ǰȱȱȱ ǯȱȱȱȱŗśŖȱ Ĵȱȱȱǰȱ ȱ ȱǰȱȃȱȱȱȱȱ Surveillance Program.” ȱȱȱȱȱȱȱȱȱȱȱ ȱ ȱǻǼǰȱ ȱǭȱ¢ǰȱȱǯȱȱȱǻǼǰȱǰȱȱȱȱ at the Cornell Chapter in January on “The Future of Firearms Laws.” ȱ ȱ ȱ ȱ ǯȱ ȱ ŚŖȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ěȱ ȱ ȱ ȱ ȱ ȱ FEDERALIST SOCIETY | Annual Report | 2013 Student Chapters Programs 3 drew huge crowds for each event. The most popular issues were: the Ȃ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯȱ ȱ ¢ȱ ȱ constitutionality of the individual mandate, religious liberties and the ȱ ǯȱȱȱȱȱȱȱȱȱȱ ȱǰȱȱȱȬȱȱȱȱǯȱ ȱ¢ȱŗŖŖȱȱȱĴǯȱȱSouthern California chapter Berkeley chapter hosted a debate between Prof. Michael Stokes hosted an event with Mario Loyola of the Texas Public Policy Foundation Paulsen, St. Thomas Law, and Prof. John Yoo, California-Berkeley Law, ȱ ȱ Ȃȱ ȱ ȱ ǯȱ ȱ ȱ ȱ ȱ ȱ ǰȱȃȱȱ¢ȱǵȄȱȱ ȱȱŘŗśȱȱ ȱȱȱȱ ȱȱȱȱĴȱȱȱ ȱ Ĵǯȱ ȱ Houston chapter also held an outstanding event ȱ Ȃȱ ¢ǯȱ ȱ Missouri-Columbia chapter with Prof. Josh Blackman of South Texas Law and Prof. Peter Linzer of hosted the author of the book ȱ¢ȱ, Travis Brown, Pelopidas, Houston Law, with more than 120 attendees. The event was titled after LLC, to discuss the premise of his book, which explores why so many ǯȱȂȱȱȱǰȱUnprecedented: The Inside Story of ȱȱȱȱȱȱȱȱŗśȱ¢ǰȱ ȱ¢ȱ the Constitutional Challenge to Obamacare. We believe this is a topic that ȱȱȱȱǰȱȱ ȱȱ ȱěȱ¢ȱȱǯȱ will continue to be of interest to our chapters. The active involvement of our Student Chapter leaders and members “How Money Walks” is a new series that was launched this fall, and has created an environment of continual growth and achievement for ȱȱ ȱȱ¡ȱȱȱ¢ȱěȱȱȱȱ the Student Division, and increased membership and involvement in the money from one state to another and discusses economic growth. The Society as a whole. We anticipate a strong year ahead, for all of our Floridaȱ ȱ ȱ ȱ ȱ Ȃȱ ȱ ȱ ȱ ȱ chapters. The Student Division works hard to make sure our volunteers truck owner George Markward for an event titled, “Economic Liberty & are prepared to create an open forum for debate on key issues on law Street Vending.” Mr. Markward, owner of the Pelican Brothers food truck, school campuses across the country. By stressing the importance of the ȱȱęȬȱȱȱȱěȱȱȱȱ debate format we can present important conservative and libertarian having on his business and others like it. The Duke chapter also hosted ideas which balance the liberal orthodoxy that tends to dominate at our a widely successful “How Money Walks” debate that featured Sean Ȃȱ ȱǯ
United States Supreme Court Justice Clarence Thomas visited the Notre Dame Chapter in April.
4 Student Chapters Programs 2013 | FEDERALIST SOCIETY | Annual Report Federalist Society Honors Life and Legacy of Robert. H. Bork
The many leaders and members of the Federalist Society who had the privilege of knowing Judge Robert H. Bork wish to memorialize his contributions to the law. Fortunately, much of it will endure through his enormous body of published writings, speeches, and lectures that future generations can enjoy and profit from. To further ensure the legacy will endure, the Federalist Society launched the Robert H. Bork Memorial Lecture and Debate Series, which will sponsor speeches and debates at Federalist Society Student Chapters around the country on topics that were of intellectual interest to Judge Bork. ȱ ȱȱȱȱȱȱȱ ȱ¢ȱ that cover topics such as the legacy of Judge Bork, originalism, the judiciary, the constitution, and the role of a judge. The Georgetown chapter was ȱȱȱȱȱȱ ȱ ȱȱȱȱ this fall. During this inaugural lecture at Georgetown, Justice Scalia ȱȱȱȱȱȱŚŖŖȱȱȱȱ ȱȂȱ ¢ȱȱ ȱȱ ȱȱȱȱ¢ǯȱȱȱ¢Ȃȱ Bork series began this fall and has been overwhelmingly received by our ǻǼȱ ȱǯȱ¢ȱȱȱȱȱȱȱȱȱȱǯȱ ǯȱȱ¢ȱȱȬȱȱȱȱȱȱ ǻĴȱǼȱȱȱȱȱȱȱȱȱȱǰȱȱĴ¢ȱ ȱ ȃȱǯȱȱȱDZȱȱȱȱǵȄȱ ȱ ȱǰȱ ȱǻǼȱěȱȱǯȱ¢ȱȱęǰȱȱȱ ȱ ȱȱ (far right) and former U.N. Ambassador John Bolton (second from right) came to pay tribute to Prof. John McGinnis of Northwestern Law and Prof. Ben Trachtenberg the late Judge Bork as well. of University of Missouri-Columbia Law. The room was packed with 220 students and faculty in attendance. The University of Minnesota ȱȱȱȱȱȃȄȱ ȱǯȱȱȱȱȱ ȱȱǯȱ ȱȱȱǯȱȬȱ ǰȱ ȱ¢ȱ ŗŖśȱ ȱ ǯȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ panel discussion with 110 attendees. This event was titled “The Unique ȱȱȱǰȱȱǰȱȱ ȱȱȱȱ George Mason University School of Law,” with Judge Douglas Ginsburg ȱȱǯǯȱȱȱȱȱȱȱǰȱǯȱ ȱ ǯȱȱ of Case Western Reserve Law, Prof. John Harrison of Virginia Law, Prof. Thom Lambert of Missouri Law, and Prof. Eric Claeys of George Mason ǯȱȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯȱ Strang of Toledo Law and Prof. David Wolitz of Tennessee Law, and took place before a crowd of more than 105 at the University of Tennessee. We look forward to more successful Bork events in the months to come with 41 events planned for the 2013-2014 academic year.
FEDERALIST SOCIETY | Annual Report | 2013 Tribute to Judge Robert H. Bork 5 Continued Record Success for Lawyers Chapters
ȱȱȱȱȱȱȱ ¢ȱȱ¢ȱȱȱȱȱȱȱ¢Ȃȱ mission by organizing citizen-lawyers who encourage discussion and ȱȱȱȱȱȱȱȱȱȱ¢ǯȱ ȱęȱ ¢ȱ ŘŖŗŘȬŗřǰȱ ȱ ȱ ¢Ȃȱ ŝśƸȱ ¢ȱ ȱ ȱ their success, as measured by their strong local leadership, robust ǰȱ ȱ ǰȱ ȱ ȱ ȱ ȱ ¢Ȃȱ national initiatives, including the State Courts Project. The chapters organized over 325 programs and meetings, drawing an audience of over 27,000. The Seventh Annual Western Chapters Conference was hosted at the Ronald Reagan Presidential Library in January 2013. It is one of the ȱ ȱ Ȭ£ȱ ȱ ȱ ȱ ¢ǯȱ ȱ ŘŖŖȱ ȱȱȱĴ¢ȱĴȱȱǯȱȱȱ ȱ ȱ ȱ ȱ ȱ Dzȱ ȱ ěȱ ȱ ȱ Dzȱ teacher tenure; the role of teachers unions; and litigation surrounding scholarship, tenure, and school choice programs in various states. The program concluded with a debate about the then-pending same-sex marriage litigation before the United States Supreme Court between Chapman University School of Law Prof. John Eastman and Gibson, ǻǼȱǻȱȱǼȱȱ ȱ¢ȱ ǰȱȱȱ ȱȱ ȱǭȱȱĴ¢ȱȱǰȱ ǯȱĴȱȱȱȱ Scalia, and Federalist Society Executive Vice President Leonard Leo during the Baton opportunity to tour the Presidential Library and visit with friends and ȱ ¢ȱȂȱȱȱȱǯȱǻ ǼȱǻȱȱǼȱȱ fellow Federalists from throughout California and the western states. ¢ȱȱȱǭȱȱ ȱȱȱȱ¢Dzȱȱȱ ȱ ȱ ȱDzȱȱȱȱ ȱȱȂDzȱȱȱ Several lawyers chapters had the privilege of hosting U.S. Supreme ȱ ȱȱ ¢Dzȱȱȱȱȱ ȱ¢ȱȱȱȱ ¢ȱ ȱ ȱȱǯȱ ȱȱȱȱŗŖŖȱȱ Ȃȱȃȱȱ ȱȱȱȱ Ȅȱȱȱǯ of the Fort Worth (Tarrant County)ȱ ¢ȱǰȱȱȱěȱȱ thoughts on the proper role of the United States Supreme Court in our constitutional system, how citizens should ensure that their rights are not abridged, and the importance of the governmental structure itself in securing the Bill of Rights. Justice Scalia delivered remarks to a sold-out crowd of over 300 guests at the Montana Lawyers Chapter inaugural luncheon before answering questions from the audience. He touched ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǰȱ Ȭ¡ȱ marriage, and abortion. The Baton Rouge Lawyers Chapter also hosted Justice Scalia at its inaugural event, which drew a sold-out crowd of 200 guests. ȱ ¢ȱ ¢ȱ ȱ ȱ ȱ ȱ ȱ ȱ Supreme Court Round-Ups during the summer. These programs are ȱȱȱȱȱȱ¢ȱĴȱȱ ¢ȱǰȱ ȱȱ¢ȱ¢ȱ ȱȱȱĴȱȱȱȱ¢ȱȬęȱ
6 Lawyers Chapters Programs 2013 | FEDERALIST SOCIETY | Annual Report addressing same-sex marriage, voting rights, and racial preferences. The Washington, DC Lawyers Chapter hosted its annual round-up with Miguel Estrada of Gibson, Dunn & Crutcher, who addressed over 250 lawyers and summer associates. The Tulsaȱ ¢ȱȱěȱȱ ȱ ȱȱȱȂȱȱ ȱȱȱȱȱ Ilya Shapiro of the Cato Institute; Patrick Wyrick, the Solicitor General ȱȱȱȱDzȱȱ ȱȱȱȱǭȱ¢ǯȱ Former Texas Solicitor General James Ho, now of Gibson, Dunn & Crutcher, addressed the Fort Worth, Austin, and Dallas Lawyers ȱȱȱȱ ȱȱȱȂȱǯȱȱHouston Lawyers Chapter also hosted James Ho on their round-up panel, in addition to ȱȱ ȱȱȱȱȱȱȱȱȱȱȱ Dzȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Texas; and Charles Eskeridge of Susman Godfrey LLP. The Indianapolis, Iowa, Kansas City, and Triangleȱ ¢ȱ ȱ ȱ ȱ Shanmugam of Williams & Connolly for their Supreme Court Round- Ups. The Los Angeles Lawyers Chapter hosted its much-anticipated annual review, featuring Prof. John Eastman of Chapman University; UC Irvine School of Law Dean Erwin Chemerinsky; and Judge Sandra ȱȱȱȱȱȱȱȱȱȱȱǯȱȱ ǯǯȱ ȱ ȱ ȱ ȱ ěȱ ȱ ȱ ȱ Ȭ Up to over 75 lawyers in Philadelphiaǯȱ ȱ ȱȱȂȱȱȱ ȱȱĴȱǻȬŚǼȱȱȱȱȱ ¢ȱȂȱ ¢ȱǯ hosting Clement, and the event has become a signature CLE program ȱȱȱȱ¢ǯȱȱȱȱ ȱ were additional themes that emerged in chapter programming in Newsom and Emory Law School Prof. Sasha Volokh previewed the ŘŖŗřǯȱ ȱ ȱ ȱ ȱ Ĵ¢ȱ ȱ ȱ ȱ ȱ 2013–2014 term before 75 Atlanta lawyers. Several other chapters, appropriate relationship between the federal and state governments. including Birmingham, Colorado, Louisville, Madison, Montgomery, The Birminghamȱ ¢ȱȱȱȱĴ¢ȱ ȱ New Jersey, San Diego, San Francisco, and St. Louis also hosted round- Luther Strange, the TulsaȱȱȱȱĴ¢ȱ ȱ ups and previews of the Supreme Court this summer. ĴȱĴǰȱȱȱSouth CarolinaȱȱȱȱĴ¢ȱ ȱ Several chapters hosted annual dinners over the past year. In May, ȱ ǯȱ ȱ ȱ ȱ ȱ Bostonȱ ¢ȱ Ȃȱ ŗřth annual the Michigan Lawyers Chapter hosted its annual dinner, with former performance of Shakespeare and the Law focused on “Richard II and Governor John Engler delivering the keynote remarks. The dinner also ȱȱȱ¡ȱ ǯȄȱȱȱȱȱȱȱ¢ȱ¢ȱ recognized newly appointed Michigan Supreme Court Justice David ȱ ȱ ȱ ȱ Ĵȱ ǰȱ ȱ ǰȱ ȱ ǰȱ ȱ ȱ ȱ Ĵȱ ȱ ȱ ȱ ȱ ȱ ǯȱ ȱ ȱ ȱ ȱ ǭȱ ȱ ¢ȱ ǰȱ ȱ ěȱ ¢ȱ ǯȱ ǰȱ ȱ San Diego Lawyers Chapter hosted its annual dinner, Rachael Vanessa Cobb and David G. Tuerck participated in a discussion ȱ ȱ ȱ ¢ȱ ȱ ȱ Ȃȱ ǯȱ which focused on the use of executive power and the legal and political ȱśŖȱ ¢ȱĴȱȱǰȱ ȱȱ¢ȱȱěȱ consequences when a king or a president goes too far. Panelists discussed ¢ȱȱ ȱ¡ȱ £ȱȱȱȱȱȱȱȱȱ a wide variety of related topics, including the concept of legitimacy, the Ninth Circuit. U.S. Senator Mike Lee addressed over 100 guests at the the originalist understanding of a natural born citizen, democracy and Los Angelesȱ ¢ȱȂȱȱȱȱ¢ǯ accountability, and the role of education in understanding the separation Executive overreach, separation of powers, and federalism ȱ ȱȱȱȱǯȱȱȱȱȱȱŘŖŖȱĴȱȱ FEDERALIST SOCIETY | Annual Report | 2013 Lawyers Chapters Programs 7 ǰȱ ȱ ȱȱȱȱȱȱȱěȱ¢ǯȱ In speeches to the Milwaukee and Madison Lawyers Chapters, former White House Counsel C. Boyden Gray discussed Dodd-Frank, executive overreach, and the threats to the separation of powers. In Jacksonville, ȱȱȱ ȱ¢ȱȱǯȱȱȱȱȱ ȱȱȱ ȱȱȃȱ ȱȱȱȱȱǯȄȱ They touched upon the constitutionality of recess appointments and ȱǯȱȱ. ȱ ȱ ǯǯȱ ȱ Ȃȱ ȱ ȱ ǯǯȱ ǯȱ , another hot topic this summer was same-sex marriage. Ed Whelan, President of the Ethics and Public Policy Center, spoke to over 100 members of the Mississippi Lawyers Chapter in an address titled “The Supreme Court ȱȱȱȱȱȱǵȄȱȱNashville Lawyers Chapter hosted Sherif Girgis, co-author of ȱȱǵȱǯȱĴȱ Gaylord of Elon University School of Law spoke to the Ĵ Lawyers ȱȱȱȱȂȱȱȱ and what the ȱȱȱȱȂȱȱǯ In October, the DC Young Lawyers Chapter hosted a panel discussion at Jones Day on “Forging a Pension reform was a popular topic this year and many chapters ȱȱDZȱ ȱǰȄȱȱǻȱȱǼȱȱǰȱȱ ȱ hosted events on the issue, including Chicago, Cincinnati, Cleveland, ȱȱDzȱ ěȱǰȱȱȱȱȱǯǯȱȱ Dzȱȱ ǰȱȱ Michigan, Phoenix, Portland, San Diego, San Francisco, and ȱȱĴ¢ȱȱȱȱȱ¢Dzȱȱ ȱ ěǰȱȱȱȱ Washington, DC. The Chicago Lawyers Chapter held a discussion on ȱȱȱȱȱȱȱȱĴȱȱȱǯ public sector pensions between Prof. David Skeel of the University of ¢ȱ ȱ ȱ ȱ ¢ȱ ǰȱ ȱ ǯǯȱ ȱ Ĵ¢ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ programs, several chapters hosted events focused on national security Ĵ¢ȱ ȱ ȱ ȱ ǯǯȱ ȱ ȱ ǯȱ ȱ San Diego and privacy issues. The Chicago Lawyers Chapter held another lively Lawyers Chapter hosted a luncheon panel to discuss the future of pension Tavern Debate, which was an audience participation event, and the reform and litigation in the San Diego area. The participants included ȱȱ ȱȱȱȱ ȱȱęȱȱ Prof. John Eastman; Richard Rider, Chairman of the San Diego Tax of their liberty in the interest of protecting our country, and whether DzȱȱȱȱȱȱDzȱȱȱǻǼȱ ȱ ȱ ęȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ¢ǯȱ ȱ Steven Smith of California Western as moderator. Prof. John Eastman also Silicon Valley Lawyers Chapter hosted a panel luncheon, “Surveillance addressed the San Francisco Lawyers Chapter at an evening reception. ȱ ¢ǵǰȄȱ ȱ ȱ ȱ ȱ ǰȱ ȱ ȱ ȱ The Phoenix Lawyers Chapter had a particularly strong interest in the ȱȱǰȱȱȱ¢ȱȱ¢ȱȱȱǯȱȱ ȱȱȱǰȱȱȱȱȱȱȱȱȱȱ£ȱ panelists held diverse viewpoints and included former United States challenging the constitutionality of reforms to public pension programs, Ĵ¢ȱ ȱ ȱ ¢Dzȱ ȱ ǰȱ ȱ ȱ ęȱ including ȱ ǯȱ ȱ Ĝȱ ȱ ȱ ȱ ȱ ȱ ȱ£ȱ ȱ ¢ȱ ȱ ¢ȱ ȱ ȱ ǯǯȱ ȱ ȱ ȱ ǻǼ. Panelists included Chapman University Prof. Ronald Rotunda; Security; and Cindy Cohn, the legal director and general counsel of the ȱȱȱȱ ǰȱĴ¢ȱȱȱěȱȱFields Electronic Frontier Foundation. ǯȱDzȱȱȱ ǰȱ ȱȱȱȱȱ£ȱȱȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ case. prospect of gun control legislation in the wake of the Newtown ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ shootings. The Ĵ and Indianapolis Lawyers Chapters hosted
8 Lawyers Chapters Programs 2013 | FEDERALIST SOCIETY | Annual Report ȱĴǰȱ ȱȱȱȱ ȱȱȱěȱ that drew at-capacity crowds. SEC Commissioner Dan Gallagher spoke ȱǰȱę¢ȱȱȱȱȱȱȱ¢ȱȱ to young lawyers at an intimate networking dinner. The chapter also ȱȱȱȱȱȱȱȱ ǯȱȱ ǰȱ ȱ ȱȱȱȱ ȱ ȱĴȱ ȱȱȱȱ litigated the and McDonald cases, discussed recent developments in ȱ ȱ ȱȱ ȱ ȱ ȱ ǯȱ ȱ ȱ ěȱ speeches to the Dallas, Memphis, Orlando, Sacramento, San Francisco, remarks about how to handle being a young conservative lawyer in a and Triangle Lawyers Chapters. The Chicago and Tampa Lawyers profession that is predominantly liberal. The New York Young Lawyers Chapters hosted Robert Levy of the Cato Institute, who discussed Chapter continues to expand their membership and programming. This proposed gun control legislation. George Mason Law Prof. Nelson Lund year the chapter hosted two prominent members of Congress. In May, ȱȃȱȱȱȱȱȬ ȱDZȱȱȱ ȱȱĴȱȱȱȱȱȱȱȱȱŚŖȱ Future for Gun Rights” in speeches to the Connecticut, Long Island, and young lawyers about his unique career path and took questions from the New Jersey Lawyers Chapters. ǯȱȱȱȱȱȱ ȱǰȱȱȱ In the tradition of the Society being launched by young lawyers, ȱ¢ȱȱȱȱ ǰȱȱȱȱȱȱǭȱ ȱȱ¢Ȃȱ ¢ȱȱȱȱȱȱ session. on young lawyer outreach. The DC Young Lawyers Chapter continues New and revived lawyers chapters were launched in 2013, to grow and host sold out events. The theme that emerged in the including chapters in Baton Rouge, Grand Rapids, Montana, and New Ȃȱ ŘŖŗřȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Hampshire. These chapters, directed by their dedicated and talented ȱǯȱ ȱȱȱȱěȱȱȱȱ ȱȱ volunteer leadership, will continue to shape the debate about law and ȱ ȱ Ĵȱ ȱ ȱ ȱ ǯȱ ȱ ȱ ȱ public policy in their communities and connect the next generation of hosted three separate panel discussions throughout the year featuring lawyers chapter leaders to a national network of legal leaders. prominent lawyers, focusing on forging a career in big law, public policy, and government service. The chapter also organized several other events
ȱĴ¢ȱ ȱȱ Mukasey speaking at the 2013 National Lawyers Convention in ǯȱ ȱ¢ȱȱ participated in a panel discussion for the Silicon Valley Lawyers Chapter on “Surveillance or ¢ǵȄȱ
FEDERALIST SOCIETY | Annual Report | 2013 Lawyers Chapters Programs 9 International Division Connects Proponents of Liberty in Europe
ȱ ȱ ¢Ȃȱ ȱ ȱ ȱ ȱ ȱ construction of an “echo chamber” of scholars, judges, public policy ¡ǰȱĴ¢ǰȱȱȱȱȱȱȱȱȱ ȱ ȱ ȱ ȱ ȱ ȱ Ȃȱ ȱ ȱ ȱ ȱ ȱȱĚȱȱ ȱȱȱȱȱȂȱǯȱ This work is vital to the facilitation of new roots for the principles of the ȱȱ ȱȱȱȱ¢ȱȱȱȱȱȱǯ
Central and Eastern Europe: Support for The Federalist Society hosted a dinner in Liubljana, Slovenia with the Academic Emerging Voices Lawyers Association featuring the former President of the Constitutional Court of Slovenia, ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢Ȃȱ ȱ ȱ Dr. Lovro Sturm. has been its continued focus on forming networks and supporting the development of civil society organizations in the countries of Central and Eastern Europe. The Federalist Society has stepped up its support of Batumi, in July to teach more classes at the Summer School organized these emerging, conservative and libertarian voices in our network in the by the Constitutional Court of Georgia and Ilia State University on past year through the following activities. the subject of the importance of protecting freedom of expression and freedom of association. ȱ¢ǰȱȱȱ¢Ȃȱȱȱ ȱěȱ ȱ ¢ȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ ȱ ȱ In June, the Federalist Society organized a trip for Judge Edith Jones ȱ ǰȱ ȱ ȱ ¢ȱȱȱȱȱȱȱȱ ȱȱȱȱȱȱȱȱǰȱ ¢ǰȱȱȱȱ ȱ ȱ ¡ȱ ȱ ȱ ěȱ ȱ ȱ ȱ our partner organizations, the Common Sense Society and the Századvég rights institutions on national sovereignty at the Tbilisi Winter School, Foundation, on the subjects of public corruption and competing methods organized in part by the Constitutional Court of Georgia and in part ȱ ȱ ǯȱ ȱ ǰȱ ȱ ¢ȱ ȱ ȱ by the Free University of Tbilisi. Jim returned to Georgia, this time to fruitful partnership with the pro-free market, pro-individual freedom ȱ ȱ ¢ǰȱ ȱ ȱ Ȭȱ ȱ Ȃȱ ȱ ȱ¢ȱȱǰȱ ¢ǯȱ ȱǰȱȱȱȱ ȱȱ ¢ȱȱȱȱ¢ȱǰȱ ȱ ¢ȱȱȱ ȱȱȱęȱȱȱȱǰȱǰȱȱ policymaker audiences. The central theme of the talks was the role that constitutional values play in the evolution of democracies, both in the U.S. ȱǯȱȱȱȱȱȱȱ¢ǰȱȱȱȱ Constitutional Courts of Poland and Hungary participated in the events. Jim also spoke to the members of the Common Sense Society about the increasing demands for more “compassionate” forms of capitalism and ȱȱȱȱȂȱȱȱȱȱǯ Western Europe: Forging Strong Partnerships ȱȱȱȱ¢Ȃȱȱȱ¢ȱȱǰȱȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ Ȭęǰȱ Ȭ ȱ ȱȱȱȱȱ ȱȱȱ ȱȱȱǰȱ ¢ǯ Ĵȱȱ ȱȱȱȱȱȱ£ȱȱȱȱ
10 International Programs 2013 | FEDERALIST SOCIETY | Annual Report a network of conservatives and libertarians interested in promoting the In Brussels, the Federalist Society co-sponsored in June the second values of a free society in Western European countries. ȱ ȱ¢ȱ¢ǰȱ ȱ ȱ ȱ ȱ ȱ ȱ ǰȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ to introduce young legal professionals, academics, journalists, and civil ȱǯ ǯȱ¢ȱǰȱȱȬȱ ȱȱȱŘŖȱȱ society leaders to best practices in promoting the causes of individual ȱ £ǰȱ ¢ȱ ȱ ǯȱ ¢ȱ Ĵȱ ȱ ȱ freedom, subsidiarity, and limited government in the European Union, ¢ȱ ȱȱȱȱȱȱȱȱȱǯ ǯȱȱ and to help augment a vital network of individuals and organizations ȱȱȱȱ ǰȱǰȱȱȱȱȱȱȂȱ promoting conservative causes across Europe. annual Freedom Forum. In November, the Federalist Society sponsored Global Governance Watch® an exciting slate of events for U.S. Senator Mike Lee (UT). In London, The Society continues to use the Global Governance Watch website ȱȱ¢ȱȱȱȱȱȱȱȱȱȱ to provide a broad range of substantive content regarding the growing Institute organized a discussion between Senator Lee and Member of ȱ ȱ ȱ ȱ ǰȱ ȱ ȱ ǰȱ ȱ Parliament Sir Edward Garnier QC on the civil justice system, the rule ǰȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ of law, and other important topics. Senator Lee also gave a speech at ęǰȱ ȱ ȱ ȱ ǰȱ ȱ ȱ ȱ ǰȱ ȱȱȱȱ¡ȱȱ¢ȱȱȱ¢ȱȱȱ and national security. The International Project is currently developing ȱ ȱ ȱ ȱ ¡ȱ ¢ȱ ¢ȱ ȱ ȱ ȱ ǯǯȱ “GGW 2.0,” a new version of the website that will facilitate the delivery ȱȱǯȱȱȂȱȱȱȱȱȱ of relevant content to readers and provide a broader range of content. meeting in Paris with a group of young French legal professionals who ȱȱȱȱȱȱȱȱ¢Ȃȱȱ£ǰȱ The Federalist Society is partnering with Dr. Elizabeth Prodromou, the Institut de Formation Politique (IFP), and culminated with remarks ĜȱȱȱȬȱȱȱȱȱ¢ȱ ȱ ȱ ȱ ȱ ¢Ȃȱ ȱ ȱ ȱ £ȱ ¢ȱ ȱ ȱȂȱ and Muslims and Democratic Politics Study Group at Harvard University, Foundation, a training organization for young British conservatives and to produce a new section called “Global Political Islam,” which will ȱȱȱȱǯ ǯȱȱȱǯ explore how individuals and organizations are using institutions at the national and supranational levels to promote global governance based In December, the Federalist Society sponsored a second installment on Islamic values. ȱ Ȃȱ ȱ ȱ ¢ȱ ǰȱ ȱ ȱ ȱ ŘŖȱ ¢ȱ ȱ professionals for an intensive training workshop to learn law and media ȱ ȱ ȱ ě¢ȱ ȱ ȱ ȱ ȱ ȱ ȱ skills and discuss the current important legal topics in France. international and supranational institutions and to provide original and in-depth content on Global Governance Watch, the Federalist Society has sent observers to a number of meetings of United Nations bodies and European institutions over the course of the past year. In March, Federalist Society Executive Vice President Leonard Leo and Paul ȱȱȱ ǰȱ ĵȱȱȱȱȱȱȱ session of the UN Human Rights Council. In December, Leonard Leo ȱ ȱ ¢ȱ Ĵȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Human Rights in Geneva, observing the growing interest of the United ǰȱ ȱ Ĝǰȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ and enforcing international standards on global corporations outside of the ordinary legislative and judicial process at the national level. ȱ ȱ ¢ȱ ȱ Ĵȱ ȱ ȱ ¢ȱ ȱ ȱ ȱǰȱȱȱ¢ȱȬȱȱȱ ȱȱȱȱ ȱȱ partners in promoting the ideas of the rule of law, liberty, and national London on civil justice reform and the rule of law, featuring (left to right) U.S. Senator Mike sovereignty, and continuing to introduce young people to measured and ȱǻǼDzȱǯȱȱȱȱȱȱȱ Dzȱȱȱ ȱ ǰǰȱǯ intellectual debate about the necessary foundations of a free society. FEDERALIST SOCIETY | Annual Report | 2013 International Programs 11 Faculty Division Expands Outreach to Students, Focus on Young Scholars
The Faculty Division, now in its sixth year of expanded operations, continued to expand its programming and participation. The Division ȱȱȱěȱȱȱȱȱȱȱȱȱȱ interested in academic careers. It provided new opportunities for faculty (left to right) Prof. Jody Madeira (Indiana), Prof. Kenneth Anderson (American), Adjunct Prof. members, especially young faculty, to gain recognition and produce ȱ ȱ ǻ Ǽǰȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ ǰȱ ǯȱ ȱ ȱ ǻ Ǽǰȱ ȱ ǯȱ ȱ ¢ȱ outstanding scholarship, while at the same time maintaining its core (Missouri) at the Junior Scholars Colloquium in June. ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ǯȱȱ it successfully executed a planning grant from the John Templeton Summer Reception for Law Students & Recent Graduates Interested in Foundation to conduct additional programming involving young Academia scholars on law and markets and law and religious freedom that will The Faculty Division sponsored a summer reception for law students ȱȱȱȱȱȱěǯ and recent graduates who may be interested in an academic career. Held New in 2013 ȱȱǭȱ¢ȱȱȱǰȱȱȱȱŗǰȱȱ Visits to Law Schools ȱ ȱȱĴǯȱǯȱ¢ȱĴȱǻ Ǽȱȱ ȱȱȱȱ¢ȱȱȱȱȱȱȱȱȱ brief remarks about the challenges and rewards of an academic career, Student Symposium to discuss careers in legal academia. This year, to ěȱ Ĵȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱȱěȱȱȱȱǰȱ¢ȱȱěȱ ǯȱ¢ȱȱȱȱȱ ȱȱȱĴȱȱ ȱȱ¢ȱěȱȱȱȱ ȱȱǻȱ ȱȱ ěȱȱǯ law professors have overwhelmingly been drawn) to meet with students Programs for Young Legal Scholars there and discuss these questions. They met with students from Harvard, ȱ¢ȱ ȱȱȱȱȱ ȱȱȱę¢ȱ Yale, Virginia, Penn, Michigan, Columbia, NYU, Stanford, Berkeley, to young legal scholars. This year we continued and expanded these, ǰȱ ǰȱȱȱǯȱȱŞŖȱȱȱȱ and also found new opportunities to showcase young legal scholars at for these meetings and many have kept in touch since. ȱȱ¢ȱǯȱȱęȱȱȱȱ ǯ Fostering the Exchange of Ideas 16th Annual Faculty Conference ȱŗŜȱȱ¢ȱǰȱȱȱ ¢ȱřȬŚǰȱŘŖŗŚȱȱ ȱȱ¢ǰȱȱȱ ȱȱȱȱȱ ȱ Ȃȱ ȱ ǰȱ ȱ ȱ ŗŖŖȱ ȱ ȱ ȱ ȱ extreme cold and a major snowstorm that caused all kinds of travel complications throughout the country. The Conference included panels on the nature of intellectual property, the scope of judicial deference to agency action in the wake of City of Arlington v. FCC, and natural law and natural rights. Junior faculty played prominent roles on all these panels. ȱ¢ȱȱȱȱǭȱ¢ȱȱȱȱȱȱȱ ȱ ȱ ȱ ȱ ȱ ǯȱ ȱ ȱ ǻ¢Ǽȱ ȱ ȱ ȱ Ȃȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ryan Calo (Washington) discussing whether privacy regulation would Association of Law Schools in Palm Beach. diminish the value of the internet.
12 Faculty Programs 2013 | FEDERALIST SOCIETY | Annual Report ȱ ȱ ęȱ ¢ǰȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ from diverse backgrounds and perspectives, to learn from each other competitively selected papers as part of our Young Legal Scholars and develop camaraderie. New topics this year included “Constitutional ȱǯȱȱ ȱ ȱǻǼǰȱ ȱ ȱ ¢ȱ ǭȱ ¢DZȱ ȱ ȱ ȱ ȱ ǰȄȱ ȃȱ ǻ Ǽǰȱȱȱǻ ǯȱȱ¢ǼǰȱȱȱǻǼǰȱ ȱ ǭȱ ȱ ȱ ¢ǰȄȱ ȃȱ ȱ¢ȱ ȱ ȱ ȱ £ȱ ȱǻ ȱ ǭȱ Ǽȱ ȱ ȱ ȱ ȱ ȱ Liberty,” and “Freedom of Contract.” faculty and received comments from Thomas Merrill (Columbia), while This last colloquium included, as an experiment, the award of prizes ȱ ȱ ǻ Ǽȱ ǯȱ ȱ ¢ȱ ȱ to promote original work on freedom of contract. The three winning took advantage of three additional panels dedicated to faculty works-in- papers were the focal point of one of the sessions of the colloquium. This progress to obtain feedback on their scholarship. ȱ ȱȱȱȱȯȱȱȱȱȱ¡ȱ ȱȱȱȱȱǰȱȱȱȱ¢ȱ discussion, the comments at the colloquium led to their improvement, ȱȱȱȱȱȱ¢Ȃȱȱȱ and they have all been accepted for publication in excellent journals. We academic rigor and productive debate. plan to continue to experiment with this format where the colloquium Faculty Colloquia topic particularly lends itself to doing so. The Division hosted ten faculty colloquia (a new record) on a Programming for Junior Scholars wide range of topics this past year. These included seven colloquia co- Junior Scholars Colloquium sponsored with the Liberty Fund as part of our “Law and Liberty” series ȱȱ ȱȱȱ ȱȱȱȱȱȱ as well as three colloquia on topics related to “law and markets” and “law ȱǰȱȱȱ ȱŝȬŞǰȱŘŖŗřǯȱ ȱȱ junior faculty with and religious liberty” that were funded through a special planning grant the opportunity to present competitively selected unpublished papers from the John Templeton Foundation. These colloquia bring together ȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ęȱ faculty, practitioners, and aspiring academics (usually about 16 people two-hour sessions. The quality of submissions for this competition has total) for a day and a half of discussing a common set of readings. They continued to improve. We plan to host another iteration of the event in focus on promoting the exchange of ideas and incorporating conservative the summer of 2014. and libertarian perspectives into academic discussion of current events and enduring legal questions. This allows the participants, who come Junior Faculty Workshops ȱȱȱ ȱ¢ȱǰȱȱȱŘŖŗŗǰȱǯȱ These events provide a structured but relatively informal environment ȱ ȱȱȱ¢ȱȱȱěȱȱȱȱ ȱȱ¢ȱ ȱȱȂȱǯȱȱ junior faculty member assumes responsibility for organizing and directing the workshop and receives a modest budget to arrange for facilities, a group meal, and travel ȱ ¢ǯȱ ŘŖŗřȱ ȱ ȱ ȃĚȱ ȱ ȱ ȱ ȱ Courts,” “Business & Tax,” “Public Law,” “IP-Constitutional Law,” and “The Tradition & Future of Criminal Theory.” Assistance for Aspiring Scholars Olin/Searle/Smith Fellowships ȱ ¢ȱ ȱ ěȱ ȦȦȱ ȱ ȱ ȱ school graduates interested in pursuing a career in legal academia. ǻȱȱǼȱȱǰȱ ȱ¢ǰȱ ǯȱ¢ȱȱǰȱȱǰȱȱ ǰȱ ¢ȱ ǰȱ ǯȱ ȱ ¢ȱ ǻ Ǽǰȱ ȱ ǯȱ ȱ ȱ £ȱ These one-year fellowships provide a $60,000 stipend to graduates ǻ Ǽȱȱȱȱȱ ȱȱȱǯȱ ȱȱȱęȱȱȱ¢ȱȱȱȱ
FEDERALIST SOCIETY | Annual Report | 2013 Faculty Programs 13 intellectual diversity in the legal academy, allowing them to spend a year press perspective on unfamiliar cases and help enhance the reputations working on articles at a top law school. Many past recipients have gone of our experts. ȱȱȱȱȱȱȱȱ ȱǯȱȱ¢Ȃȱȱ These calls are supplemented with press statements from experts ȱȱǰȱ ȱǰȱȱ ǰȱȱȱ ȱ ¢ȱ ȱ ȱ Ȃȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ Dzȱ as a resource to press. These statements have been picked up by The ȱȱȱȱȱ ȱȱȱȱ ȱ Associated Press, ABC, The New York Times, ȱȱ, The Los year at Stanford. Angeles Times, Forbes, and many others. Job Talk Workshop Faculty Books and Other Work ȱ¡ȱȱ ȱȱ ȱȱȱ ȱȱȱ The Faculty Division continued its series of DC-based events to enter the legal academic market took place in Chicago on June 27-30, ȱȱȂȱ££ȱȱȱ ȱȱ¢ȱ¢ȱ 2013. In previous years the workshop had been three days long, but members. Generally the author presents key points from the book, last year we added an additional day and kept the extended length this followed by comments from two or three panelists, a public question- ¢ȱȱȱȱǯȱȱȱ¢Ȃȱ ǰȱȱȱ and-answer session, and a private dinner with the participants and the preparing to go on the tenure track market had the opportunity to press. present their job talks before a panel of professor commentators, receive substantive and stylistic feedback (including tips about how to manage ȱ ŘŖŗřȱ ȱ ȱ DZȱ ȱ ȱ ȱ ǯȱ ȱ ȃȄȱ ȱȱȱȱĴǼǰȱȱȱȱ ȂȱȱArbitration and the Constitution; a debate between Prof. ȱ ǰȱȱȱȱ£ȱȱǯ Lynn Stout (Cornell) and Prof. Jonathan Macey (Yale), regarding Prof. ȂȱȱȱThe Myth of Shareholder Value (both co-sponsored with Resources for the Public and Press ǼDzȱȱȱȱȱǯȱ¢Ȃȱ ȱȱThe Death of Corporate Supreme Court Docket ȱǻȬȱ ȱǼDzȱȱȱȱȱǯȱ ¢ȱȂȱ The Division, in collaboration with the Practice Groups, continued new book ¢ȱȱȱ DZȱ¢ȱȱ ȱ ȱ to produce original programming drawing on academic and practitioner Smarter (co-sponsored with the Georgetown Center for the Constitution expertise. These programs provide a valuable service to the public and and the Georgetown Federalist Society student chapter). Video and ȱǰȱȱěȱ¢ȱȱȱȱȱȱȱęǯȱ audio of most of these events is available at ĴDZȦȦ ǯȬǯȦ ȦȦȬȬȬȬ¢ȬȬŘŖŗř. SCOTUScast, a series of expert commentary podcasts on U.S. In addition, a number of shorter podcasts on recently published or Supreme Court cases as they are argued and issued, is now in its eighth forthcoming faculty books, articles, or other major public policy issues ¢ǯȱȱȱȱȱȱĴȱȱȱȱȱ are available online at: ĴDZȦȦ ǯȬǯȦȦȦ about cases in the Court and to enable faculty members and legal experts faculty-division-podcasts. ȱȱȱ ȱǯȱȱŗŖŖȱȱȱȱŘŖŗŘȱǰȱȱ over 50 ȱȱȱŘŖŗřȱǰȱȱȱDZȱĴDZȦȦ ǯ Outreach to Other Associations ȬǯȦȦȦ. SEALS and APSA Meetings: Each year in collaboration with the Practice Groups, the Division The Division held its seventh annual reception at the annual meeting also organizes a Supreme Court Preview Panel at the National Press ȱȱȱȱȱ ȱȱǻǼȱȱȱǰȱ ǯȱ ȱ ŘŖŗřȱ ȱ ȱ ȱ ȱ DZȱ ĴDZȦȦ ǯȬǯ ǯȱȱȱęȱǰȱȱěȱȱĴȱȱȱȱ ȦȦȦȬȬ Ȭ ȬȬȬȬȬ ȱȱȱȱȱȱǻǼȱȱȱǯȱ october-term-2013-event-audiovideo. ȱȱȱȱȱŘŖŗŚȱȱȱȱȱ¢ȱȱȱ ȱ The Division and the Practice Groups also organize regular press non-law faculty who are teaching law-related courses at the graduate or calls with faculty and practitioner experts who provide expert analysis undergraduate level. ȱȱȱȱǯȱȱěȱȱȱȱȱ 14 Faculty Programs 2013 | FEDERALIST SOCIETY | Annual Report Federalist Society Launches Ambitious Online Education Projects
ȱ ȱ ȱ ȱ ȱ ęȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǰȱ ȱ ŘŖŗřȱ the Federalist Society launched what it anticipates will be a major new area of programming. Web-based education holds vast potential for communicating ideas and reaching an audience far beyond traditional classrooms. The projects we describe will serve as the spearhead of a ȱěȱȱȱȱȱ¢ȱȱȱȱ ¢ȱȱȱȱ¢ȱ ȱȱȱȱȱȱ ȯȱěȱ ȱ believe to be central to the Society’s future. ȱ ȱěȱ ȱȱ¢ȱȱ ȱDZȱȱȱȱȱǻȱȱęȱǼȱǰȱȱȃȬȄȱȱ¡ȱȱĴȱ ȱȱ ȱȱȱȱȱěȱȱȱȱȱȱȱȱȱǯ
ȱ ȱ ȱ ǰȱ ȃ ȱ ¢ȱ ǵȄȱ ȱ ǯȱ ȱ ȱ ǻǼǰȱ ȱ ȱ ȱ DZ ĴDZȦȦ ǯȬǯȦ ȦȦȬ¢Ȭǯȱȱȱȱȱȱ¢ȱȱȯȱȱȱȃȬ£ȱȄȱȱ¢ȱ ȱȱ¢ȱȱȱȱȱ ȯȱȱǯȱ ȱȬȱ ȱȱȱ¢ȱȱȱȱȱęȬ¢ȱ ȱȱȱ ȱȱȱȱȱȱȱȱȱ interested in the topic. They will be based loosely on the model of the Khan Academy. The videos’ content and format will resemble university ǰȱȱǻȱȱ¢Ǽȱ¢ȱ ȱȱȱȬĚȱȬȱǯȱȱ ȱȱȱȱ¢ȱȱȱ ȱ other participants viewing the series, including a platform for discussion and debate. We also plan to develop other projects to increase our online engagement. These will include short online video debates, since debate is ȱęȱȱȱȱǯȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱ ȱ ȱȱȃ ȱ Ȅȱ¢ȱǯȱȱȱȱ¡ȱ ȱȱȱȱȱȱȱ¡ȱȱǰȱȱ ȱȱ ȱȱĴȱȱ¢ȱȱȱȱǯ
We envision that the videos will provide an additional starting point, beyond what happens with our live programming, for conversations on the foundational principles of the American legal system, and that ultimately we will develop a video library that will serve as an accessible resource for understanding these principles. The materials will be substantive but concise, articulate legal ideas clearly, and invite discussion and further exploration. We will invite viewers to make up their own mind, to further explore ideas, and to become more involved with the Federalist Society.
FEDERALIST SOCIETY | Annual Report | 2013 Online Education 15 National Lawyers Convention Discusses Textualism & The Role of Judges ȱ ȱ ŗŚȬŗŜǰȱ ŘŖŗřǰȱ ȱ ȱ ¢ȱ ȱ ȱ řŗst ȱ ȱ ¢ȱ ȱ ȱ ȱ ¢Ě ȱ ȱ ȱ ǰȱǯȱȱ¢Ȃȱǰȱȃ¡ȱȱȱȱȱ ǰȄȱ provoked a number of energetic and fruitful conversations about the proper relationship between the legislative and judicial branches. The Convention was an occasion for lively debates, professional bonhomie, ȱȱȱȱȱȱ ǯȱȱĚ ȱȱȱ featured an interview of U.S. Supreme Court Justice Clarence Thomas, ȱ¢ȱ ȱȱ¢ȱȱȱǯǯȱȱȱȱȱȱ Seventh Circuit. In addition to the interview with Justice Thomas, the Convention included speeches by U.S. Senators Mike Lee and Ted Cruz and Wisconsin ȱĴȱǯȱ ȱȱȱȱȱ£ȱȱ ȱ ȱǯȱ¢ȱĴȱȱ ȱ ǯȱ ȱȱ ȱȱǯǯȱȱȱȱȱȱȱǰȱ ȱȱȱȱ DZȱȃDZȱȱȱȱȱȱȱǯȄ ȱ ȱ ¢ȱ ǰȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ (above) Judge Diane Sykes, U.S. Court of Appeals for the Seventh Circuit, interviews U.S. discussions among Practice Group chairmen, meetings of Lawyers ȱ ȱ ȱ ȱ ȱ ȱ ȱ ŘŖŗřȱ ȱ ¢ȱ Ȃȱȱ Chapter and Faculty Division leaders, and breakfasts for law school ǯȱǻ ǼȱǻȱȱǼȱȱ¢ȱȱȱ¢ǰȱȱ ȱ alumni. For the second year in a row, the Society held a reception for Ĵȱǰȱȱ¢ȱȬȱǭȱ¢ȱ ȱȱ ǯȱȱ ǰȱȱ ȱ ȱ ȱ Ĵȱ ȱ ǯȱ ȱ ¢ȱ ȱ Federalist Society Executive Vice President Leonard Leo at the 2013 National Lawyers Convention. continued its tradition of acting as the platform for new legal and scholarly initiatives, holding a reception to announce the newly launched ȱȱ ȱȱȱȱȱȱȱǯ ȱȂȱȱ ȱȱȱȱȱ ȱȱĚȱ ȱȱȱȱȱȱ¢ȱ meaning, versus interpreting them through the lenses of legislative ǰȱȱȱ¢ǰȱǯȱȱęȱȱȱȱ Court interpretations of the Bill of Rights in the context of the new textualism. It featured Prof. Stephanos Bibas, Prof. Richard Epstein, Prof. Nicholas Quinn Rosenkranz, Prof. Nadine Strossen, and Prof. Eugene Volokh, and was moderated by Judge Thomas Hardiman of the U.S. ȱȱȱȱȱȱǯȱȱȱ ȱǰȱ ȱ dealt with original meaning, original intent, and living constitutionalism, ȱȱ¢ȱ ȱȱ ȱȱȱǯǯȱȱȱȱȱȱ ȱȱȱȱǯȱ¢ȱĴǰȱǯȱȱǰȱ Prof. John McGinnis, and Prof. Richard Primus. The speakers on the third
16 National Lawyers Convention 2013 | FEDERALIST SOCIETY | Annual Report ȱȯǯȱȱ ǰȱǯȱ ȱ ǰȱǯȱ Thomas Merrill, and Prof. Jide Nzelibe, and moderator Judge Jennifer ȱ ȱ ȱ ǯǯȱ ȱ ȱ ȱ ȱ ȱ ȱ ȯȱ ȱ administrative law, via questions raised by the landmark case Chevron ǯȱȱȱȱǯȱȱȱȱęȱȱ¡ȱ the relative merits of the new textualism and legislative history as tools for Supreme Court interpretations of statutory text and featured Prof. ȱě¢ǰȱ ȱȱȱȱȱǯǯȱȱȱȱȱ ȱȱǰȱǯȱȱǰȱ ǯǰȱǯȱȱ ǰȱǯȱ Victoria Nourse, and was moderated by Judge William Pryor, Jr. of the ǯǯȱȱȱȱȱȱȱǯ
ǻǼȱ ȱȱǯȱ ǰȱǯǯȱȱȱȱȱȱȱǰȱȱȱȱ Barbara K. Olson Memorial Lecture at the 2013 National Lawyers Convention. (below) U.S ȱȱȱǻǼȱȱȱȱȱȱȱȱ¢ȂȱŘŖŗřȱȱ ¢ȱȱȱȱ¢Ě ȱ ȱȱǰȱǯȱ
ǻȱȱǼȱ ȱ ǯȱ ȱǰȱǯǯȱȱȱȱȱȱȱǰȱ ȱ ¢ȱ ǰȱǯǯȱȱȱȱȱȱȱǰȱǯȱ¢ȱĴǰȱ ȱ¢ȱ ȱǰȱȱǯȱȱȱ£ǰȱ ȱ¢ȱ ȱǰȱȱ ȱ¡ȱȱ£ȱȱȱȱȱȱŘŖŗřȱȱ ¢ȱǯȱ
FEDERALIST SOCIETY | Annual Report | 2013 National Lawyers Convention 17 2013 National Lawyers Convention
18 Student Chapters Programs 2013 | FEDERALIST SOCIETY | Annual Report Photo Highlights
FEDERALIST SOCIETY | Annual Report | 2013 Student Chapters Programs 19 Student Symposium Debates the Federal Leviathan The annual Student Symposium is a long-standing Federalist Society The next panel, “Federalization of Criminal Law,” was moderated ǯȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ¢ȱ ȱ ¢ȱȱȱ ȱ ¢ȱȱȱȱ¡ȱǯȱ ȱǰȱ it is not only a chance for them to be reacquainted with other chapter ȱ ǯȱ ȱ ȱ Ȃǰȱ ȱ ȱ ȱ ǰȱȱȱȱ¢ȱȱȱǰȱĴ¢ǰȱȱ ¡ȱǰȱ ȱ ȱ ȱ ǯȱ ȱ ǯȱȱ ȱ ȱ leaders, and legal scholars debate legal issues important to conservatives ȃȱ Ĵȱ ȱ ȱ ¢Ȅȱ ȱ ȱ ȱ ȱ ȱ ǯȱ ȱ ȱ ȱ ¢ǰȱ ȱ Ȭȱ ȱ discussion, and was moderated by Fifth Circuit Judge Edith Jones. The events that local chapters hold are often the only exposure students have ȯ¢ȱȱ¡ȱǯȱ¢ȱǰȱȱǯȱȱ ȱȱ£ǯȱȱȱǰȱȱȱȱȱěȱȱȱȱ ǰȱȱ ȱȱǯȱȱ ȯ ȱȱȱ citizen-lawyers, the Student Division works with chapter leadership each ȱȂȱȱ ȱȱȱȱȱ ȱ NFIB v. ȱȱȱȱȱȱȱȱĴȱȱȱ Sebelius. Student Symposium by providing partial travel scholarships. ¡ȱȱȱ ȱȱĴȱȱȱęȱȱ The 32nd annual Symposium was held March 1–2, 2013 at the ęȱǰȱ ȱȱ ȱȱǯȱȱȱ ȱ¢ȱȱ ¢ȱ ȱ ¡ȱ ȱ ǯȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ Texas Prof. Lino Graglia, Boston Prof. R. Shep Melnick, Stuart Taylor, Jr. ȱ¢Ȃȱȱȱȱȱ ȱȱȱ (co-author ofȱDZȱ ȱĜȱȱ ȱȱ Ȃȱ ȱ various topics under the umbrella of “The Federal Leviathan: Is There ȱ ǰȱȱ¢ȱȱȂȱȱ Ǽǰ San Diego Prof. Gail Heriot, ¢ȱȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ and University of Texas Prof. Sanford Levinson. ȱ¡ǵȄȱ The Symposium concluded with a traditional Texas “Boots and BBQ” ȱęȱȱ ȱȱȃ¢ȱȄȱȱ ȱȱ banquet on Saturday evening. U.S. Senator Ted Cruz (TX) gave the keynote ¢ȱ ǯǯȱ ȱ ȱȱ ȱ ¢ȱ ǯȱ ȱ ȱ ȱ ȱ address, recalling his involvement in the Federalist Society during his ǯȱ ǰȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ time in law school 21 years ago. He reminded students of the Federalist The Financial Crisis and the Free Market Cure, Northwestern Prof. Jide ¢Ȃȱ ȱ ȱ ȱ ȃȱ ȱ ǽǾǰȱ ȱ ȱ ȱ£ǰȱ¢ȱȱ¡ȱǯȱ ¢ȱ ǰȱȱȱǯȱ ǰȱȱȱ¢ǰȱȱ ǰȱȱȱȱǯȄȱ Jonathan Macey. ȱęȱ¢ȱȱ ȱȃȱȱ¢ȱ ǯȄȱ The panel included Texas Prof. Lynn Blais, George Mason Prof. Jeremy Rabkin, Vermont Prof. John Echeverria, and NYU Prof. Richard Epstein.
ǻȱȱǼȱ ȱǰȱȱǭȱȱȱȱȱ ǰȱǯȱ ¢ȱǯǯȱ ǰȱ¡ǰȱ ȱ¢ȱȱȱ¢ȱ ȱȱ ȱǰȱ ȱȱȱȱ ȱȱ£ǰȱ ǰȱȱǯȱ ȱǯȱ¢ǰȱǰȱȱȱȱȱ ȱȃȄȱ ȱȱȱ ȱȱȱȱ¢Ȃȱȱȱȱ on “Crony Capitalism” at the 2013 Student Symposium in Austin, Texas. Banquet.
20 National Student Symposium 2013 | FEDERALIST SOCIETY | Annual Report ȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱ£Ȃȱǰȱȱǯȱȱ¢ȱ ȱȱ The goal of the Student Leadership Conference each year is to ȱȱȱǯȱȱ ȱȱȱȱȱȱȱ provide our chapter leaders with the best available models and advice. in legal scholarship, her teaching, the concern she shows for her students, ȱȂȱ ǰȱǰȱȱȱȱȱȱ ȱȱęȱȱȱȱȱǯȱȱęȱȱȱȱ students about the importance of their roles as chapter ambassadors, ȱ ȱȱȱȱȱȱȱȱ ǰȱ ȱ and motivate them for another year of hard but worthwhile work in the recognize chapters that have exceeded our expectations. Duke received campus trenches. the award for Chapter of the Year, Harvard for Membership Growth, Pepperdine for Creative Publicity, and Southern for Most Improved ǯȱȱęȱǰȱȱȱȱȱȱ ǰȱ was presented to Ave Maria later in the spring. Student Leadership Conference Every July, newly elected student chapter presidents travel to Washington, DC to participate in the annual Student Leadership Conference. Students spend three days participating in panel discussions, engaging in conversation with other chapter presidents, and learning ȱȱȱȱȱȱĜ¢ǯȱȱȱȱ ȱȱȱ ¢ȱŗşȬŘŗȱȱȱ ¢ȱȱǯȱȱȱ¢ȱȱȱȱ Society hosted a reception to facilitate conversation between chapter ȱȱěȱǯȱȱ¢ȱȱȱ ȱȱȱ ȱȱȱȱǻǼǯȱȱȱȂȱȱ ȱ ȱ¢ȱȱ panel where Federalist Society President Eugene Meyer and the Student ȱ ěȱ ȱ ȱ ȱ ȱ ȱ ěȱ ȱ ǰȱ ȱ members, and market to the student body. (above) Duke Law Prof. Nita Farahany (right), who received the 2013 Paul M. Bator Award, and Phillip Aubart (left), whose Duke Student Chapter received the James Madison Award for Chapter Later that day John Eastman from the Claremont Institute Center of the Year. (below) (right to left) Prof. John Eastman, Claremont Institute, Eugene Meyer, Jordan Lorence, Alliance Defending Freedom, and Clark Neily, Institute for Justice, speaking at the ȱ ȱ ǰȱ ȱ ȱ ȱ ȱ ȱ Student Leadership Conference. Defending Freedom, and Clark Neily from the Institute for Justice served on a panel that provided advice on opportunities for public interest ǯȱ ȱ ȱ ȱ ȱ Ĵȱ ȱ ȱ ȱ ǯȱ ȱ ȱ ȱ ǯȱ ȱ ȱ ȱ ȱ ȱ ȱ Federalist Society speaker Prof. Gregory McNeal also gave a presentation ȱȱ¢ȱȱȱȱȂȱǯȱ ȱ ¢ȱ ȱ ȱ ȱ Ĵȱ ȱ ȱ ȱ ȱ Ȃȱ ȱ ȱ ȱ ǰȱ ȱ ¢ȱ ȱ ȱ ¢ȱȱȱȱ ȱȱ¢ȱěǰȱȱ ȱ ǰȱ ȱ ȱ ȱ ȱ ȱ ǯȱ ȱ ¢ǰȱ ȱ students listened to remarks from former Harvard chapter President Joel ȱȱȱ¢ȱȱ ȱǰȱȱĴȱȱȱ by Vice President & Director of Lawyers Chapters Lisa Ezell.
FEDERALIST SOCIETY | Annual Report | 2013 National Student Symposium 21 Practice Groups Launch Executive Branch Review Project
The Practice Groups continue to promote discussion in the legal, policy, and media worlds, and to provide support, guidance, and expertise to the other divisions and special projects of the Federalist Society. ȱȱȱȱŘŖŗŘǰȱȱȱ¢ȱȱȱȱȱ Group resources to studying an apparent uptick in executive branch activity. The resulting Executive Branch Review Project is a forum for debate about executive activity, particularly actions which arguably exceed statutory or constitutional authority, avoid a required step in the promulgation process, or involve implementation of policy objectives that failed in the legislative branch. ȱ ȱ ȱ ȱ ¡ȱ ȱ ȱ ǰȱ ȱ ȱ Groups entered uncharted waters with a new blog designed to provide as-it-happens discussion of potential instances of overreach, underreach, or abuse of power by the executive branch. The blog, ǻȱȱǼȱǯȱ ȱǰȱȱȱ ȱȱȱ¢ȱȱȱȱȱ www.executivebranchproject.comǰȱ ȱ ȱ ȱȱ ŗśǰȱ ŘŖŗřǰȱ ȱ ȱȱ ǰȱǯȱȱ ǰȱ¢ȱȱǰȱȱ ǯȱ ȱǰȱ an inaugural Teleforum conference call featuring Senator Mike Lee and ȱ ȱ ȱ ȱ ǰȱ ȱ ȱ ȃ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Federalist Society co-founder Hon. David McIntosh. The blog has had ǵȄȱȱȱȱ¡ȱȱ ȱȱȱ ǯ over 18,000 visitors since its launch, been disseminated through social ȱȱȱȱȱȱ Ĵǰȱȱȱȱȱ the Volokh Conspiracy, Instapundit, ȱ ȱ, and other legal blogs. ȱ ȱ ŗŗȱ ȱ ȱ ȱ ȱ ȱ ęȱ ȱ ¡ȱ Branch Review Conference at the National Press Club in Washington, DC. Conference discussion topics included whether there has been an ȱȱ¢ȱ¢ȱȱȱǰȱȬęȱ¢ȱȱ the administrative state, the extent of agency authority, and oversight of the administrative state by the judicial and legislative branches. Practice Groups experts have served in the State Courts Project and the Capitol Hill Chapter; acted as panelists and coordinators for Student ȱ ¢ȱȱȱȱȱ¢Dzȱ Ĵȱȱȱȱ projects; and provided pro bono expertise, media outreach, and testimony before Congress and other governmental bodies. They contribute heavily ȱ ȱ ¢Ȃȱ ȱ ǰȱ ȱ SCOTUSCast, and help ǻȱ ȱ Ǽȱ ȱ ¢ȱ Ȭǰȱ ȱ ǰȱ ȱ ¢ȱ ȱ ȱ ȱ ǰȱ ȱ ȱ ȱ ǯȱ ȱ ¢ǰȱ ȱ ȱ ¢ȱ ȱ ensure that conservative and libertarian perspectives are available to the ȱȱȱȱȱ ȱȱȱȱȱȱȱȱȱȱȱ press during conference calls covering the Supreme Court docket and ¡ȱȱ ȱȱȱ ǯȱ ȱȱĴǯȱ ȱȱȱŘŖŗřȱȱ ǯȱ
22 Practice Groups Programs 2013 | FEDERALIST SOCIETY | Annual Report The Administrative Law & Procedure Practice Group hosted ¢ǰȄȱ ȱȱ ȱȱǯǯȱȱȱȱȱȱȱȱ Teleforum calls with a number of authors discussing their work. Practice decision in ȱȱǯȱǯ In May the group held a Teleforum on ȱȱ ǯȱȱ ǯȱȂȱȱ¢ȱȱ ȱ the recent developments of actions at the Internal Revenue Service and LLP spoke with Hon. Christopher DeMuth on his article “The Bucks its purported targeting of applications by conservative organizations Start Here,” Peter Schweizer discussed his best-seller ¡DZȱ ȱ for 501(c)(4) status. Chapman Dean Emeritus John Eastman provided Politicians Extract Your Money, Buy Votes, and Line Their Own Pockets, and ȱȱȱȱȱȱȱȱȱǯȱ ȱȱ Clark Neily discussed his book Terms of Engagement. Christopher Horner the group hosted a panel of distinguished experts to discuss the legal also discussed ȱȱȱȱ¢DZȱȱȱȱȱ issues surrounding the decision to raise or not raise the debt ceiling, of Information “Criminal” with Clark Neily of the Institute for Justice. and the potential consequences. The call featured U.S. Senator Mike ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Lee and David Rivkin, Jr. of Baker & Hostetler. In December, following ȱȱȱȱȱ ȱǰȱ ȱĴȱȱ ȱ Ȃȱ ȱ ȱ ȱ ȱ ęȱ ǰȱ ȱ ȱ ȱ ȱ argument in City of Arlington v. FCC and provided her thoughts on the Teleforum on “Changing the Rules: The Senate Filibuster.” ǯȱȱȱȱȱȱ ȱȱȱȱȂȱǰȱ ȱȱȱȱ¡ȱȱȱ ȱǯ During the summer the group also hosted the 2013 Separation of Powers CLE Course in Park City, Utah. U.S. Supreme Court Justice The Corporations, Securities, & Antitrust Practice Group hosted ȱȱȱǯȱ ȱȱȱȱȬȱȱȱȱ a Teleforum call featuring Yale Law School Prof. Jonathan Macey on his the courts, standing, the non-delegation doctrine, and appointments and recently published book titled ȱȱȱȱ. removal, as they relate to the separation of powers. The Criminal Law & Procedure Practice Group hosted Courthouse With the Religious Liberties Practice Group, the Federalism & Steps Teleforum conference calls on the oral arguments as well as the Separation of Powers Practice Group co-sponsored a Courthouse Steps opinion in Maryland v. King with John Elwood of Vinson & Elkins LLP, ȱ ȱ ȱ ȱ ȱ ȱ ǯǯȱ ȱ Ȃȱ ȱ and on the opinion in Missouri v. McNeely with Practice Group Chairman in the two same-sex marriage cases before it, ȱǯȱ¢ and ȱȱȱȱ ȱǯȱȱ ȱ¢ȱȱȱȱ ȱȱǯȱǯȱȱ¡ǰȱȱȱȱǯ Jonathan ȱȱȱȱȂȱǰȱȱȱȱ ȱȱ ȱȱȱȱȱȱ ȱȱ ǰȱȱȱ and state marijuana laws, mandatory minimum sentencing, current abuses of civil asset forfeiture, and gun control issues. The Environmental Law & Property Rights Practice Groupȱěȱ a full slate of Teleforum conference calls in 2013. James Burling of the ęȱȱȱȱȱȱȱȱȱȱ ĵȱǯȱǯȱ ȱȱȱȱ; Timothy Bishop of Mayer Brown covered Ȭęȱǰȱ ǯȱǯȱ ȱȱ Defense CenterDzȱ ȱȱǯȱȱěȱȱȱȱ ȱ ȱȱ ȱ Bowman v. Monsanto, a biotech patent licensing case; Mark DeLaquil of Baker & Hostetler LLP covered EPA v. ȱ ȱ¢ȱ , a greenhouse gas case. In January 2013 the Federalism & Separation of Powers Practice Groupȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯȱȱ ǰȱ ȱ ȱ ȱ ȱ ǰȱ ȱ ȱ Jan Crawford (left), CBS News Chief Legal Correspondent, and Michael Carvin (right), partner, ȱ DZȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯȱ In February the ȱ¢ǰȱȱȱȃȱȱ DZȱȱ ȱȱȱȱȱȱŘŖŗřȱǵȄȱ ȱȱȱȱȱȱȱȱȱǰȱǯȱ ȱȬȱȱȱȱȃȱȱȱȱȱ FEDERALIST SOCIETY | Annual Report | 2013 Practice Groups Programs 23 Reform. In June the Free Speech & Election Law and Civil Rights Practice Groups co-hosted a Teleforum, “Shelby County Going Forward,” on the ǯǯȱȱȂȱȱȱȱ¢ȱ¢ȱǯȱ , which ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ ȱ ǯȱ ǯȱ ȱ Thernstrom, Vice-Chair of the U.S. Commission on Civil Rights and ȱ ȱ ȱ ȱ ȱ ȱ ǰȱ ¡ȱ ȱ decision and its implications. The Free Speech & Election Law Practice Groupȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ oral argument in McCutcheon v. FEC. Practice Group Chairman Erik ěȱ Ĵȱ ȱ ȱ ȱ ȱ ǰȱ ȱ ȱ ȱ constitutionality of limits on the aggregate amount of contributions ȱȱȱȱǰȱȱĴǰȱȱǯ
The Intellectual Property Practice Group hosted a January panel ȱǰȱȱǯȱȱȱȱ ǰȱ ȱȱ¢ȱȱȱ ǰȱȱ at the National Press Club discussing Laws of Creation: An Examination of ȱȱ ȱ¢ȱȱ Ȃȱȱȃ ȱ¢ǰȱȱǰȱȱ ȱ¢ȱȱ¢ȱ ǯȱȱȱȱȱǭȱǰȱȱ Competition Policy” at the National Lawyers Convention. ȱȱ¢ȱǯȱ ȱ ¢ǯȱ ȱȱȱȱȬȱ ȱȱȱȃȱȱȱȱȱ¢Ȅȱ ȱ ȱȂȱ opinions and their implications on the day the opinions came down. Center for the Protection of Intellectual Property. The Teleforum was ȱ ȱ ȃęȱ Ȅȱ ȱ ǯȱ ȱ ǰȱ ȱ ȱ ȱ ȱ Recalling the recent passing of Judge Robert Bork, the Federalism ȱȱȱȱȱȱǰȱȱ¢ȱ ȱȱ & Separation of Powers and Litigation Practice Groups co-hosted an ǯȱȱěǯȱ ȱ ȱȱȱȱȱȱȬȱȱ ȱȱȱȃ ȱȱ ǯȱDZȱ ȱȱȱ¢ǯȄȱȱ Teleforum, “The Myriad Decision and Patented Innovation in the Biotech call featured Federalist Society co-founder and Board Chairman Steven Industry,” which discussed ACLU v. Myriad Technologies. The Supreme Calabresi and Seventh Circuit Chief Judge Frank Easterbrook, and ȱȱȱȱȱȱȱȱȱȱǰȱȱȱ ȱ ȱȂȱȱȱ¢ǰȱȱȱ¢Ȭȱ ¢£ȱȱȱȱȱȱ¢ȱȱǯȱȱȱ ęȱǰȱȱ DZȱǰȱȱ¢ȱȱǰȱȱȱ ȱ ¡ȯȱ ǯȱ ¢ȱ ǰȱ ȱ ǯȱ ȱ ȱȱȱȱ . This call, like most of our Teleforums, ǰȱȱȱǯȱ ȱ ȯȱȱȱȱȱ was recorded and can be found in our online archives. ǰȱ ȱȱǯȱ ȱȱǯ
The Financial Services & E-Commerce Practice Group opened the The International & National Security Law Practice Group hosted ¢ȱ ȱȱȱȱ ¢ȱȱȱěȱ numerous Teleforums in 2013, focusing on cybersecurity and government ȱȱȱȱȱȱȱȱȬȱęȱȱ protection of national security. “The Use of Lethal Force on U.S. Citizens” ȯ ǯȱ ¢ȱ ȱȱȂ¢ȱǭȱ¢ȱȱȱȱȱ discussed legal and constitutional limits of presidential authority in that ȱ ǰȱ ȱȱ ȱ ȱ ¢ȱ ¢ȱ ǭȱǯȱ ȱ ȱ sphere, and featured Executive Director of the Philadelphia Freedom ȱȱȱȱȱ ȱȂȱThe Financial Crisis and ȱ ȱ¢ǰȱȱ¢ȱǯȱȱǰȱ the Free Market Cure: ¢ȱ ȱ ȱ ȱ ȱ ȱ ¢Ȃȱ ¢ȱ ȱȬ¢ȱǯȱ ȱǯȱȃ¢ȱȱȱȂȱ¢ȱ ȱ ȱȱ Ȃȱȱ ¢ǰȱȱ ¢ǯȱȱ ȱ to Intervene” featured University of Virginia Prof. Saikrishna Prakash covered pension reform and municipal bankruptcy with Penn Law Prof. and Prof. John Yoo. Finally, the group once again presented a panel at ȱȱȱȱȱȱ ȱ¢ȱ ȱȱȱȱ ȱȱȱȱȱȱȱȱȱ ȱ ȱ ȱȱȱǯȱȱ¢ȱȱȱȱȱ ǯȱȱǰȱȃȱȱřǯŖȯȱĚȱȱ ȱ 24 Practice Groups Programs 2013 | FEDERALIST SOCIETY | Annual Report Internet Governance,” featured Bryan Cunningham, former Deputy ȱ ȱ ȱ ȱ ȱ ¢ȱ Dz ȱ ǰȱ Director ȱ ȱ Ȃȱ ȱ ȱ ȱ ¢Dzȱ ȱ ȱ Mason Prof. Jeremy Rabkin, and was moderated by our International & National Security Law Practice Group Chairman, Vincent Vitkowsky. The Labor & Employment Law Practice Group has also been active, hosting various Teleforums and inaugurating a new Teleforum Series focusing on the National Labor Relations Board (NLRB). In January, on ȱȱȱȱȱȂȱȱȱǯȱ decision, Noel Francisco of Jones Day and Glenn Taubman of the National Right to Work Legal Defense Foundation provided a Teleforum update on the oral arguments in both pending cases. In February, the group focused on a case before the Fifth Circuit, ǯǯȱ ȱ ǯȱ , examining it and related cases in light of Noel Canning. The panel included Ron Chapman, Jr. of ȱǰȱȱȱ ȱȱȱǰȱȱ William Emanuel of Ĵȱǯȱȱȱȱȱȱ ǯȱȱǰȱǰȱȱȱǰȱȱȱǰȱ the arguments and implications of multiple NLRB suits, with Maurice ǰȱȱȱȱ Ȃȱȱȱȱȱ ¢ȱȱȱȃȁ Ȃȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ Antitrust Enforcement Authority under the FTC Act: Defensible Statutory Interpretation or International Union. ȱȱǵȄȱ The Litigation Practice Group also hosted several interesting and ingredients of popular packaged food products and drinks. The Teleforums, beginning with one in January examining putative class ȱ ȱ ȱ ǭȱ ȱ ȱ ȱ ȱ ȱ ǰȱ action lawsuits against food manufacturers. These lawsuits allege that ¢ȱǭȱȱȱ ȱǯȱȱȱȱȱȱ¢ȱ ȱȱȱȱȱȱȱȱęȱ ȱȃȱȱȱȱ¢ȱ ǰȄȱȱȱ ȱ occurred in light of the oral arguments at the Supreme Court in Mississippi ¡ȱǯȱ ȱǯȱȱȱǯȱȱǰȱ ȱęȱȱȱȱ ȱȱǰȱ ȱȱǰȱȱȱǯǯȱĴ¢ȱ ȱ ȱȱĜȱȱȱǯ
The Professional Responsibility Practice GroupȱȱȱęȬȬȬ ȱȱȱȱěȱȱȱȱȱȱȱ legal education credit in professional ethics. The Teleforum, “Ethics ŘŖȦŘŖȱȱȱěȱȱȱǰȄȱȱ ȱȱ¡ȱ ȱ ȱ ęǰȱ ȱ ¢ȱ ǯȱ ȱ ȱ ȱ ȱ Washington Prof. Thomas Morgan. They provided extensive analysis ȱ ȱ ȱ ȱ Ȃȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ legal practice issues arising from technological changes and increasing ȱȱ ǯȱ ȱǻǼǰȱȱȱ ǰȱǯǯȱȱȱǰȱȱǰȱȱ globalization. Judge Paul Michel (right), former Chief Judge, U.S. Court of Appeals, Federal Circuit, during the ȃ ȱȱȱ¢ȱȱȱǵȄȱȱȱȱȱȱȱȱ¢ǯȱȱȱ In February, the Religious Liberties Practice Group hosted a ȱȬȱ¢ȱȱ ȱ¢ȱȱ ȱȱȱȱȱȱȱȱ Teleforum examining whether ¡ȱ ȱȱ provides support ȱ¢ȱȱ ȱȱ¢ȱȱȱ ǯȱ for church access of public school facilities. The panelists debating this FEDERALIST SOCIETY | Annual Report | 2013 Practice Groups Programs 25 ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǰȱ ȱ ȱ ȱȱȱȂȱȱ¢ȱȱȱǻǼȱǰȱ represented Bronx Household of Faith since the beginning of the lawsuit, ȱ ȱ ȱ ȱ ȱ ȱ Ȃȱ ȱ ȱȬȱǯȱȱ ǰȱȱȱȱȱȬȱ information without providing notice and obtaining parental consent. legal issues. The group also hosted a litigation update on the HHS contraceptive mandate controversy with Catholic University Prof. Mark Finally, with the Case Western Center for Business Law and Rienzi, who also acts as a senior counsel for the Becket Fund. Regulation, the Practice Groups co-sponsored a December program at the National Press Club on “Marijuana and the States: How Should The Telecommunications & Electronic Media Practice Group also ȱȱ ȱȱȱ Ȃȱȱȱȱ was quite active in 2013. In September the group hosted a Teleforum ȱ ǵȄȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ ȱȱ ȱ ȱ ȱ Ȃȱȱ¡ȱ ȱ£ǯȱȱȱ ȱȱ Colorado Public Utilities Commission Chairman Gregory Sopkin. In ǰȱȱȱȱ¢ȱ ȱȱȱ¢ȱDzȱǯȱ November, the group hosted a panel Teleforum, “The FCC and the John Eastman of Chapman University School of Law; Michael Francisco, DZȱ ȱ ȱ ȱ ¢ǰȄȱ ¡ȱ ȱ ȱ ȱ ȱ ȱ ȱȱȱ ȱȱDzȱȱ ǯȱ ȱ ȱ can collaborate through a “cooperative federalism” model in various ȱȱȱ ȱǭȱȱǯȱȱȱǯȱ ȱȱ situations. In December the group held a teleforum conversation with moderated. ȱȱȱȱǰȱ ȱȱȱ
ǻȱ ȱ Ǽȱ £ȱ ¢ǰȱ ȱ ȱ ȱ ȱ Constitutional Accountability ǰȱ ȱ ¢ȱ Kethledge, U.S. Court of Appeals for the Sixth Circuit, ǯȱ ȱ ǰȱ ȱ ȱ ȱ ȱ ȱ member, and Noel Francisco, partner at Jones Day, during ȱ ȃȱ DZȱ Implications of Noel Canning” panel at the National Lawyers Convention, sponsored by the ȱ ǭȱ ¢ȱ ȱ ȱ ǯ
26 Practice Groups Programs 2013 | FEDERALIST SOCIETY | Annual Report Publications Address Key Topics in Law & Public Policy
Through its publications, the Federalist Society continues to give Ȃȱ Ȭ¢ȱ ȱ ȱ ǯȱ ȱ ȱ ȱ Ȭǰȱ the media and the general public access to commentary from highly- independent look at the organization. ȱȱ exists to inform respected national experts on current legal issues and their societal Society members and the general public about recent class action implications. This commentary takes the form our scholarly journal litigation. Engageǰȱȱȱ ĴDZȱȱȱȱ, ȱ, andȱȱȱ, The Federalist Paper magazine, and white papers The Federalist Paper is the in-house magazine of the Federalist Society, ȱȱǯȱȱȱ¢Ȃȱȱȱȱȱȱ printed winter, summer, and fall. The magazine, which highlights some ǯȬǯȦ. ȱȱȱȱȱȱȱ¢Ȃȱǰȱȱ ǰȱ and individual members, provides a glimpse into what divisions of the Engage, the journal of the Federalist Society Practice Groups, appears organization are doing nationally. The magazine is now available on the triannually in electronic format. Ideas for Engage articles are generated Federalist Society website at ǯȬǯȦ. ¢ȱȱęȱȱ Dzȱȱ¢ȱȱȱȱȱ ȱȱȱȱǯȱȱȱȱŘŖŗřȱȱȱęȱ For a decade, the Society has published white papers that seek to Supreme Court cases such as ȱȱǯȱ and ȱ ȱ ȱ ȱ ȱ ȱ ǯȱ ȱ ŘŖŗřȱ ȱ ȱ v. Perry, ¢ȱ¢ȱǯȱ , ĴȱǯȱȱȱȱĜȱ included: Overprotecting Public Employee Pensions: The Contract Clause and Action, £ȱ ǯȱ ȱ ȱ ȱ ȱ £, ȱ ȱ ȱ ǯȱ ȱ ȱ , ȱ ȱ ȱ ȱ ȱ ǻȂǼȱ ȱ ¢, and ĵȱǯȱȱ Ȃȱȱȱȱ. Engage ¢ǵ, Ĵȱȱȱ ȱȱDZȱȱ articles also covered important topics like net neutrality enforcement, ǵ, ȱȱȱȱ ę, The Clean Air Act as an Obstacle ȱ¡ǰȱěȱȱȱǰȱȱ ȱ ȱ Ȃȱ ȱ Ĵȱ ȱ ȱ ȱ ȱ ȱ criminal discovery, the mens rea component within the issue of the over- from Existing Power Plants, and ȱȱ ȱȱȂȱ ǯǯȱŗŚŞȯȱ £ȱȱǰȱȱȱȱ¢ȱ¢Ȃȱȱȱ Transfer of Public Lands Act. £ȱȱ ȱȱǯȱ Finally, 2013 saw a brand new undertaking for Publications with Since 2012, Engageȱ ȱ ȱ ȱ ȱ Ȃȱ ȱ ȱ the launch of a new blog (www.ExecutiveBranchProject.com) as part of database; this has increased the availability and prestige of Engage ȱ¢Ȃȱ¡ȱȱ ȱǯȱȱȱȱȱ by giving practitioners, academics, and law students greater access analysis from Federalist Society contributors and also links to news and to our content. We also continue to publish other commentary on executive branch activity. panel transcripts from the National Lawyers In these publications, as always, the Convention and the new Executive Branch Federalist Society takes no position on Review Conference in the ȱ ȱ ȱ particular issues: the opinions expressed in the Law and Public Policy and other national law publications are those of the authors and not of reviews and journals. the Society itself. With these papers and in all its ȱ ȱ ȱ is a quarterly programs the Society seeks to produce material Ĵǰȱȱ¢ȱ¢ȱȱȱ that will encourage discussion of timely legal ȱ¢Ȃȱ ¢ȱǰȱ ȱȱ and public policy developments. Readers are on noteworthy or controversial state court encouraged to respond to what they read and trends and cases. ȱ ȱ ȱ ȱ Ĵȱ to submit articles or ideas on new legal trends ȱ ȱ ȱ ȱ ȱȱ ȱ and developments.
FEDERALIST SOCIETY | Annual Report | 2013 Publications 27 State Court Project Continues to Add to the Debate and Spurs Reform
ȱ ȱ ¢Ȃȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ director of the Wisconsin Civil Justice Council. Cook, one of the leading ęȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ¢ȱ ǰȱ ȱ ęȱȱȂȱȱȱ¢ǰȱ¢ȱȱȱȱ white papers, and making legal experts available to media to provide legislation passed throughout the country in 2012, as well as the most substantive analysis on current events. ȱęȱȱȱȱȱȱǯȱ Publications In Tennessee, to meet the demand for high level analysis regarding ȱȱȱȱȱęȱ ȱȱȂȱȱ In January 2013, the Society published its annual survey of legislation ȱȱȱȂȱȱȱǰȱȱȱȱȱ and litigation relating to civil justice reform. The paper, titled “Tort ȱȱȱȱ¢ȱȱ ȱǯȱȱĵǯȱȱ Reform Update: Recently Enacted Legislative Reforms and State Court ǰȱȱȃĴȱȱȱ ȱȱDZȱ ǰȄȱ ȱ ȱ ¢ȱ Ĵ¢ȱ ȱ ǯȱ ǰȱ ȱ ȱ ǵǰȄȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ¢ȱ appoint judicial nominees, a conclusion that was later echoed by the ȱĴ¢ȱȱȱȱ¢ȱǯȱȱȱ Oklahoma ȱȱŝȬŘȱȱȱ¢ȱ ǰȱȱȱȱȱȱ ȱ ȱ Ȃȱ ȱ ȱ ȱ ȱ ȱ ŘŖŖşǯȱ ȱ Ȃȱȱȱȱȱȱ ȱ¢ȱȱȱ ǰȱ ȱ ȱ ǯȱ ȱ ȱ ȱ ȱ ȱ ǰȱ ȱ ȱ ȱ ȱ Ȭȱ ȱ ȱ ȱ ȱ Constitution and amounted to logrolling, or the passing of legislation ȱȱȱǯȱȱȱȱȂȱȱȱ ȱ ȱ ȱ ¢ȱ ȃȱ ȱ ȱ Ȃȱ Ȭ ȱ compromises and the will of voters who had endorsed the judgment of ȱǯȄȱȱȂȱȱęȱȱȱȱȱ ȱȱȱǯȱȱȱ¢ȱȱȬȱǰȱ but local legislative leaders are debating whether judges ought to be elected or appointed directly by the Governor. In July 2013, the Federalist ¢ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ feelings about the judicial selection process. In the course of the survey, 500 registered voters were asked, “Which model do you think would be Ĵȱȱǰȱȱȱȱ ȱȱȱȱ three names to the Governor from which she must appoint one (Missouri Ǽǰȱȱȱȱȱ ȱȱ ȱȱȱ¢ǵȄȱ ¢ȱ ȱ ȱ ȱ ŝŚƖȱ ȱ ŘŘƖǰȱ ȱ ¢ȱ ȱ ȱ ¢ǰȱ ǰȱǰȱȱǰȱ ǰȱǰȱȱ ȱǯȱ Ĵǰȱ ǰȱǰȱȱȱŘŖŗřȱȱ ¢ȱȱȱǯȱ judicial elections over the Missouri Plan.
28 State Courts Project 2013 | FEDERALIST SOCIETY | Annual Report Tennessee Like Governor Brownback, Tennessee Governor Bill Haslam used ȱŘŖŗřȱȱȱȱȱȱȱȱȱȱȱ ȱȱȱȱȱȱȱęȱȱȱȱȱ ȱȱ ȱ ȱȱȱȂȱȱȱ ȱȱ¢ȱęȱȱȱȱȱȱȱǯȱȱȱ February 21 the Tennessee Senate voted in favor of the amendment, and just a few days later the Tennessee House did the same. Several months later the Missouri Plan was formally abandoned when the Legislature ȱȱȂȱ ȱȱǰȱȱȱȱ the Missouri-Plan system, to expire. In November 2014, Tennesseans will vote on a constitutional amendment which would permanently establish a method of judicial selection resembling the federal method of advice- and-consent set forth in the U.S. Constitution. ȱȂȱȱȱȱȱȱȱ gave rise to questions about how judges would be selected before the ȱȱȱȱȱŘŖŗŚǯȱȱȱǰȱȱ State Courts Project responded to the questions by publishing a white ȱĴ¢ȱ ȱȱ¡ȱǻǼȱȱȱȱȱȱ ȱȱ ȱ¢ȱǯȱȱĵȱ¡ȱȱȱȱ¢ȱ¡ȱ ȱ ǻǼȱ ȱ ȱ ȱ ¢ȱ Ȃȱ ȱ ǯȱ ȱ ȱ ȱ allowed the Governor to appoint judges without receiving nominations ȱȱȱȬȱ ȱȱȱřŖŖǯȱ from the commission.
Kansas ȱ ¢ǰȱȱȱȱȱȱȱǰȱ ȱ ȱȱ ȱȱȱȱȱȱȱȱȂȱȬȱ method of judicial selection with either the federal method of selection or direct contested election of judges. In March the State Senate approved a proposed constitutional amendment which would establish the federal method of judicial selection for all high courts. The amendment was not passed by the State House. The full Legislature did, however, pass legislation to abandon the Missouri Plan with respect to the selection of court of appeals judges. The legislation, which was signed by Governor Brownback, established an advice-and-consent style of selection like the one used at the federal level. During a September appearance at a ȱ¢ȱȱȱȱǰȱ ǯȱ ȱȱ the new judicial selection process at “more of a vote of the people” and expressed his desire to see similar reforms adopted for selections to the ȱ ȱ Ĵ¢ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱȱǯ ǰȱȱ ¢ȱȂȱ¢ȱǯ
FEDERALIST SOCIETY | Annual Report | 2013 State Courts Project 29 Social Media ȱ ȱ ȱ ȱ ȯǰȱ ȱ ǰȱ ȱ Ĵȱ ȯȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ ǰȱ publications, and multimedia beyond our membership to the general public. Over the last year we implemented a new social media strategy that has achieved success in boosting audience, adding new content, increasing content accessibility, and engaging individuals.
FedSocBlog ȱȂȱ ȱȯŘŖǰŖŖŖȱȱȱȱȱȱ¢ȯȱ¢ȱ ¢ȱȱ¢ǯȱ ȱȱ ȱȱȱ op-eds, highly popular original podcasts, advertisements for upcoming events, FedSoc publications, and substantive summaries of panel discussions and other talks. 64% of our readership were new visitors. Facebook ȱȱȱȱ¡ȱȱȱȱȯȱ¡ȱȱȱȱȱȱȱȱȱȱȱȱȱ ȱȱȱȯȱȱȱȱ¡¢ȱǰȱ ȱȱŗŗřǰŖŖŖȱǯȱȱ¢ȱ ȱȱȱȱȱȱȱ ȱȱȱǯȱȱȱȱȱȱŞǰŖŖŖȱȱȱȱ¢ǯȱȱȱȱȱȱȱȱ¢ȱȱ¢ȱȱŘŖŖǰŖŖŖȱǰȱ ȱȱȱŗŞŖǰŖŖŖȱȱȱ¡ȱȱȱŘŖŗŘǯȱȱȱȱȱ ȱȱȱȱȱȱȱ ȱȱǯȱ ȱȱ ȱȱȱȱȱ¢ȱȱȱȱ¢ȱ¡¢ȱȱȱDZȱ ȱȱȱȱȱȱȱȱȱ ȱ ȱȱȱȱȱȱȱȱȱǯȱȱȱȱȱȱȱĴȱĴȱǻȱ images have been shown to be the most popular posts on Facebook), and have posted a number of photos and videos from Federalist Society events. Students in particular have enjoyed seeing coverage of their chapter activities, including their clever event posters. We have received compliments from persons in conservative social media on the content and popularity of our posts; indeed, some of them have asked for advice on emulating our success. Twitter ȱ Ĵȱȱ¢ȱȱȱȱŗřǰŖŖŖȱ ȯȱȱȱȱȱȱȱȱȱŗřȱȱ¢ǯȱȱȱȱ ȱ ȱȱȱĚȯǯǯǰȱȱ ȱǰȱ ǰȱȱ¢ǰȱ¡¡ǰȱȱȱǯȱȱȱȱ ȱ ȱȱǰȱȱ¡ȱ ȱȱȱȱȱȱ¢ǰȱȬ ȱȱȱŚŖŖǰŖŖŖȱ ȱȱȱȱ ȱȱȱȱ ¢ȱȱǯȱȱȱȱ Ĵȱȱȱ£ȱȱǰȱȱǰȱȱ ȱȱȱ (including FedSoc publications), and, as mentioned, upcoming events. We provided intensive, real-time coverage of the National Lawyers ȱȱȃȄȱǻǯǯǰȱȱȱĴǼȱȱȱȱȱǯ
30 Social Media 2013 | FEDERALIST SOCIETY | Annual Report Donors Allow Federalist Society to Thrive and Expand
In a year marked by debate over major constitutional questions, the Society has continued to expand programs for students, faculty, and members of the legal community. This growth was possible only because of the unwavering support of the donors to the James Madison Club. These donors contribute $1,000 or more annually to the Society. In recognition of the commitment of those individuals, foundations, and corporations, a list of the current members of the James Madison Club appears below.
Madison Club Madison Club Gold Civil Justice Reform Group Platinum $50,000- $99,999 The Hugh and Hazel Darling ȱ ȱ ǻǼȱ ȱ ȱ ȱ $100,000 or more ¢ȱǻśǼ Foundation (right) at the reception following the annual Richard and Helen DeVos ¢ȱǻŞǼ ȱȱ Barbara K. Olson Memorial Lecture at the Foundation ȱȱǭȱ ȱȱ ȱĵȱ National Lawyers Convention in November. Pierre & Enid Goodrich Foundation ChevronTexaco Corporation ȱȱ ¢ȱ ¢Șȱ Foundation The Lynde & Harry Bradley The Grover Hermann ȱȱȱȘ The Earhart Foundation Foundation Foundation The Bodman Foundation DCI Group, LLC Gibson Dunn & Crutcher LLP Bracewell & Giuliani ǯȱ¢ȱ ¢Ș James T. Hill, III Donors Capital Fund ¢ȱǯȱ Chase Foundation of Virginia Donors Trust Frank J. Hanna, III ȱǯǯȱ ¢ȱ Ying Chen ȱ E.L. Craig Foundation ȱǭȱȱ ȱǭȱ ȱ ǯȱȱǯȱȱǯȱ¢ Google Lakeside Foundation Douglas R. Cox Living Stones Foundation The Holman Supporting Lebensfeld Foundation ȱ Foundation Bartley Madden ȱǭȱ¢ȱ¢ The William H. Donner ȱ ǯȱ ȱȱ Microsoft John and Mary Lee Malcolm Foundation Jay H. Newman Foundation Claire Reiss David Feldman Worldwide ȱ ǯȱ ę£ǰȱ ǯ Sullivan & Cromwell LLP Court Reporting, Inc. ȱ ǰȱ ǯ The John William Pope Dr. John M. Templeton, Jr. ȱǯȱȱ Foundation Liberty Fund The JM Foundation Davis Polk & Wardwell LLP Raymond and Marilyn Ruddy Lilly Endowment, Inc. Verizon Debevoise & Plimpton LLP The Thomas W. Smith The Marcus Foundation, Inc. WilmerHale The Michael & Susan Dell ȱ ǯȱ Foundation Fred Young, Jr. Foundation The Rosenkranz Foundation David Weinstein ¢ȱ ȱǯȱȱ Dick and Mary Beth Weiss Madison Club ȱȱ Sarah Scaife Foundation Benefactors Michael and Susanna Dokupil Searle Freedom Trust Madison Club Silver $10,000-$24,999 Esther and Hyman Rapport William E. Simon Foundation $25,000-$49,999 ¢ȱǻśǼ Philanthropic Trust ¡ȱę ¢ȱǻřǼ Ěǰȱ ǯ ExxonMobil Corporation The John Templeton Foundation ȱȱ ȱȱ Facebook Ed Uihlein Family Foundation Brian J. Brille and Leslie ȱǭȱȱ Daniel T. Flatley U.S. Chamber of Commerce ȱȘ ȱȱ ¡ȱȱ John D. Bryan BB&T Charitable Foundation Goodwin Procter LLP
FEDERALIST SOCIETY | Annual Report | 2013 Benefactors 31 Greenberg Traurig Mr. and Mrs. Roger Brooks ¢ȱǯȱǰȱǯǯ Manus Cooney Margaret M. Hill Foundation Barbara Bruin ȱǯȱ Charles Cooper Hollingsworth LLP Daniel P. Collins ȱǯȱ Theodore M. Cooperstein Hunton & Williams LLP The G.L. Connolly Foundation John S. Baker, Jr. Gregory D. Cote Jones Day Contran Corporation Jodi S. Balsam John Cox Mayer Brown LLP ȱ ǯȱ Ĵȱ James C. Creigh McCarter & English, LLP Covington & Burling LLP ¢ȱǯȱĴ ǯȱ ȱǰȱ ǯ ȱǯȱ¢ Robert J. Crnkovich Gregory L. Barton ¡ȱǯȱ Joanne and Fred Medero Dechert LLP Lee Bass Michael John Daugherty ȱ ǯȱǰȱ ǯȘ ȱ ȱ ȱ Charles H. Bell, Jr. Jack David Morgan, Lewis & Bockius ǯȱȱȱȱ Bradley Benbrook ǯȱ ¢ȱǰȱ ǯ LLP Donahue ȱǯȱ Martha Dean NFIB Small Business Legal Foley & Lardner LLP James E. Berger L. Lawrence DeNicola Center ȱǭȱȱ ȱ Lawrence Bernheim Michael Diaz, Jr. ȱ Foundation Bonnie G. Bird Viet D. Dinh Ȃ¢ȱǭȱ¢ȱ ȱǭȱȱ ȱ ȱǯȱȘ Dodge Jones Foundation Ĵȱȱ Charitable Trust J. Bayard Boyle, Jr. ȱȱȱĜ Pepsi, Co. ȱǭȱȱ Susan G. Braden Carrie-Lee Early ȱǯȱ ȱ Lincoln Financial Group Rachel Brand and Jonathan John C. Eastman ȱ McGuire Woods Cohn Edgerly Foundation Daniel Shuchman ǰȱȱǭȱȱ Louis Bremer William J. Emanuel ¢ȱǰȱ Foundation John W. Brewer ȱȘ ȱǯȱȱȱ ǯȱȘ ȱ ǯȱȱĴȱǯȱȱ William Brooke John Evangelakos The Diana Davis Spencer Foundation Reginald J. Brown Nolly S. Evans Foundation ȱȱȱȘ ȱ ¢Ĵȱȱ ȱǯȱ Time Warner, Inc. Raytheon Schreck ȱǯȱ ȱ David Rivkin Todd Brunstein Fred F. Fielding ȱȱȱȘ The Roe Foundation William Burgess IV Daniel R. Finley Richard W. Weekley The Snider Foundation ȱ ȱǯȱĵ Wiley Rein, LLP Steptoe & Johnson, LLP Marcella Burke Chad and Sarah Flores Winston & Strawn LLP Strake Foundation Henry and Paige Butler Michael C. Flynn ȱǭȱ ȱȱ¢ȱ Sunmark Foundation Steven G. Calabresi Margaret Foran Foundation Nicholas J. Swenson Michael Caponiti David F. Forte Yancey Bros. Co. Ted and Jen Ullyot ȱ ǯȱǰȱ ǯ Theodore H. Frank Madison Club ȱȱ ȱ Mark Casso ȱ ǯȱ Sustaining Member ȱȱ ȱ David Cavicke Sandra S. Froman $5,000-$9,999 Wilson Sonsini Goodrich & Ceres Foundation ȱȱȱȱ Rosati ȱ Chris & Courtenay Gabriel ¢ȱǻŗǼ ěȱ Tom Christina Patrick M. Garry ȱ ě¢ȱǯȱ ȱǯȱ £ ȱȱ Madison Club Roger Clegg Todd F. Gaziano ȱȱ $1,000-$4,999 ȱǯȱĜ GE Foundation ȱ ¢ȱǻŗŗǼ Gus Coldebella Tom Gede ǭǰȱ ǯ ȱǯȱĴ Brian J. Cole Stuart M. Gerson Bartlit Beck Herman Palenchar ȱ Sean Connors George J. Gillespie, III ǭȱĴȱ ȱ ǯȱ Considine Family Foundation Charles P. Gilliam Wendell R. Bird ȱǯȱ ȱ¡ȱ ȱ ǯȱ ěǰȱ ǯ 32 Benefactors 2013 | FEDERALIST SOCIETY | Annual Report Paul Glenchur ȱ¢Ș Elizabeth D. Gobeil ȱ ȱǯȱ Glen Lavy Mrs. Mary Ellen James L. Graham Toni Lawrence Bork (left) and Michael W. Grebe Gary Lawson David Cavicke Michael and Louisa Greve David Leitch (right) at the ǯȱ ¢ȱ ȱǯȱ¢ National Lawyers ȱ Raymond Wm. Ȃȱ ȱ ǯȱ Leyden, Jr. ȱ ȱ ȱ November. Steve Hartung Marc R. Lisker ȱǯȱ Elizabeth Locke ȱǯȱ ¢ Brian Maas Gail Heriot Michael J. Madigan ȱ Nancie G. Marzulla ȱȱ¢ȱ Roger J. Marzulla ȱ ǯȱȂǰȱ ǯ Lee Rudofsky Joe G. Hollingsworth ȱǯȱĴ ȱ ǯȱȂ Ronnie Samms Mark V. Holmes and Marianne Randolph J. May ȱǯȱ William L. Saunders, Jr. Bizek ȱ ǯȱ¢ ȱȂ Gene Schaerr ȱ Ĵ¢ȱ ȱ ȱǯȱ Stanley Hubbard Robert D. McCallum ȱǯȱȂ Maimon Schwarzchild ȱǯȱ ě ȱĴ ȱǯȱȂ ě¢ȱǯȱĴ J.C. Huizenga Diane McGimsey ȱȂ Ilya Shapiro Thomas G. Hungar ȱǯȱ ȱǯȱ David Sherman David Hyman Brent J. McIntosh ȱ Shook, Hardy & Bacon LLP ȱ Ș Jason McLane ȱǯȱĴ Shooting Sports Foundation ȱ ě Joseph McLaughlin ȱǯȱ ȱě William H. Jernigan, Jr. Gregory S. McNeal Robert Parker Douglas G. Smith Thomas Johnson John Paul Mead ¢ȱǯȱ ȱǯȱ ȱ John and Bria Mertens Eliot Pedrosa Steven W. Smith William H. Jordan ȱ¢ȱȱȱ Eric J. Pelton ȱǯȱ¢ ȱ ǰȱ ǯ Mary C. Michel ȱǯȱ¢ ȱȘ ȱ ȱǯȱĴ Roger Pilon ȱ ǯȱȘ ȱȱȱ ȱ The Modzelewski Charitable Robert Pluta Charles R. Spies ǯ ǯȱ ¢ Foundation Stephen D. Poss ȱǯȱȘ ȱǯȱ ¢ǰȱ Hashim Mooppan George Priest Cheryl M. Stanton ȱǯȱ Richard T. Morrison Mark S. Pulliam Edward E. Steiner ȱ William P. Mumma ȱǯȱ Charles H. Still ȱǯȱ Eric J. Murdock Michael D. Ramsey Roger & Susan Stone Family ȱ ǯȱ John D. Murnane ȱǯȱ Foundation ȱǯȱ Mark Nance Robert B. Reingold Frank B. Strickland ȱǯȱ National Beer Wholesalers Craig V. Richardson Dan Subotnik ȱǯȱ David W. Robertson ǯȱȱȱȱěĴ ȱ ǯȱ ȱȱ Richard C. Neal ȱǯȱĴ ȱǯȱ Foundation ě¢ȱȱȱ Quincy Rodgers ě¢ȱ ȱ ǯȱ Douglas T. Nelson ȱȘ Heath Tarbert ě¢ȱǯȱ Dennis R. Nolan ȱȘ David Thompson Raymond J. LaJeunesse, Jr. ȱǯȱĴ Ronald D. Rotunda Larry D. Thompson FEDERALIST SOCIETY | Annual Report | 2013 Benefactors 33 Peter M. Thomson ȱȱ Ș ȱ ĴȘ ȱ£Ș Gordon D. Todd Marcella Burke ȱ ě ȱȘ Jason Torchinsky ȱȘ ȱ Daniel Pollack Donald Toumey Salen Churi Lowell Jacobson Wells Robinson Eric W. Treene Tyler Clarkson Nicholas Joy ȱ Charles M. Trippe, Jr. Marie Connelly ¢ȱ Nicolas Rotsko Daniel E. Troy ĴȱȘ Ĵȱ Ș ȱ ȱȘ Peter Urbanowicz, Jr. Leonardo Correa ȱ ȱȘ ȱȱ ¡ȱ¡Ș ȱ ȱȘ ě¢ȱ ¢ȱ ȱ¡ ȱȘ ¡ȱ ĵ Paul M. Vronsky James Crawford Edmund LaCour Carrie Severino ȱ ǯȱȘ E. Stewart Crosland Megan Lacy Roger Severino ȱǯȱě ¢ȱ Brian Lichter Randy Seybold Michael B. Wallace Brock Dahl ȱȘ ȱȘ ȱ ¢ȱěȘ Bradley Lingo ȱ Ș Thomas M. Walsh ȱȘ Elizabeth Locke ¢ȱ Lynn D. Wardle ȱĴ Justin Longley ĴȱȘ Blaise Warren and Sarah ȱ¡Ș ȱȘ ȱĴȘ Hawkins Warren ě¢ȱ Nathan Mammen ȱȘ Benjamin Weber Gregory Dolin Roman Martinez V ȱĴȘ Richard E. Weicher ȱ ȱĴ David Strandness Hill B. Wellford Samantha Dravis ȱȘ ȱȘ Steadman H. Westergaard Dominic Draye ȱȘ ǯǯȱȘ J.Michael Wiggins and Erika Collin Dretsch Sarah Miller Harris ȱ¢Ș Birg John Druva ȱȘ ȱȘ Richard E. Wiley Jamie Ensign Christopher Mills Paul Vronsky ȱ ǯȱȘ ȱȘȱ Samuel Miorelli William Walton ȱǯȱȘ Chad Flores Chad Mizelle J. Tyler Ward ȱǯȱĴ Sarah Flores Thomas Moll Sarah Hawkins Warren M. Craig Wolf Catherine Foster Ben Moncrief Blaise Warren ȱǯȱ¢ David Fotouhi Rachel Mondl ȱȘ ȱǯȱ Michael Fragoso Beverly Moore Jason Wilcox Dan Gallagher John Moran Jay Wiley Founders Club Breanne Gilpatrick ȱ¢ǰȱ ǯȘȱ ȱȘ ¢ȱǻŜǼ ȱȱ ȱȘ Beth Williams ȱȘ Catherine Glenn Foster ȱȘ Jason Yen ȱȘ William Goodwin ȱ¢Ș Ĵȱ ȱ Tyler Green Nicholas Nelson Ĵȱ ȱȘ Chris Grieco Ryan Newman Josh Belinfante Barbara Grieco ¢ȱȘ *Denotes individuals who are founding Jonathan Berry ȱ ĜȘ ȱȱ Ș members of their respective clubs ¢ȱȱȘ Liam Hardy ȱȂȘ Joseph Bingham ě¢ȱ Ș ȱ Josh Blackman William Haun ȱȂȱ Ș Jennifer Bradley Lichter ȱ ¢Ș Ĵȱ Ș Mike Brady ¡ȱ ȱȘ ¢ȱ Michael Hilgers ȱ 34 Benefactors 2013 | FEDERALIST SOCIETY | Annual Report FEDERALIST SOCIETY Annual Report | 2013 Financial Statements 35 36 Financial Statements 2013 | FEDERALIST SOCIETY | Annual Report FEDERALIST SOCIETY Annual Report | 2013 Financial Statements 37 38 Financial Statements 2013 | FEDERALIST SOCIETY | Annual Report END OF AUDITED FINANCIAL STATEMENTS
FEDERALIST SOCIETY Annual Report | 2013 Financial Statements 39 Expenditures Federalist Society Membership Federalist Society Fiscal Year 2013 Growth Local and National Unrestricted Revenue Growth Involvement
Federalist Society Federalist Society Program Growth Student Division
40 Charts & Graphs 2013 | FEDERALIST SOCIETY | Annual Report Board of Directors STAFF Prof. Steven G. Calabresi Chairman President Hon. David M. McIntosh Vice Chairman Eugene B. Meyer Prof. Gary Lawson Secretary Mr. Brent O. Hatch Executive Vice President Senior Vice President Vice President & Treasurer Leonard A. Leo & Faculty Division Finance Director Hon. T. Kenneth Cribb, Jr. Director Douglas C. Ubben Hon. C. Boyden Gray Lee Liberman Otis Mr. Leonard A. Leo Lawyers Division Executive Vice President Dean Reuter, Vice President & Student Division Hon. Edwin Meese, III Director, Practice Groups External Relations Peter Redpath, Vice President & Mr. Eugene B. Meyer President Lisa Ezell, Vice President & Jonathan Bunch, Vice President & Director Director, Lawyers Chapters Hon. Michael B. Mukasey Director Brandon Smith, Deputy Director Jennifer Derleth, Deputy Director, Hon. Lee Liberman Otis Maureen Wagner, Deputy Director Kate Beer Alcantara, Associate Director Lawyers Chapters Caroline Moore, Assistant Director Senior Vice President Juli Nix, Director of Conferences David C.F. Ray, Associate Director BOARD OF VISITORS Maria Marshall, Associate Director Vice President & Information Social Media & Alumni Mr. Christopher DeMuth, Co-Chairman C. William Courtney, Assistant Director Director Hon. Orrin Hatch, Co-Chairman Technology Director Justin Shubow Prof. Nicholas Quinn Rosenkranz, C. David Smith Co-Chairman International Law & Prof. Lillian BeVier Sovereignty Project Hon. Elaine L. Chao Faculty Division 6MÄJL4HUHNLTLU[ Mr. George T. Conway James P. Kelly, III, Director Hon. Lois Haight Herrington Paul Zimmerman, Deputy Director ¢ȱěǰ Deputy Director Rhonda Moaland, Director Hon. Donald Paul Hodel Jandi Heagan, Assistant Director Ĵȱ¡ǰ Assistant Director Hon. Frank Keating, II Amy Harper, Assistant Director, Mr. Robert A. Levy Development Finance Hon. Gale Norton Publications Director Hon. Theodore B. Olson Cynthia Searcy, Director Mr. Andrew J. Redleaf Sophia Mason, Associate Director Christian B. Corrigan Pro-Bono Hon. Wm. Bradford Reynolds Katelynd Mahoney, Assistant Director CenterDirector Ms. Diana Davis Spencer Hon. Gerald Walpin Membership Director ¢ȱĴ Peter Bisbee THE FEDERALIST SOCIETY Director of Online 1015 18th Street, N.W., Suite 425 Washington, D.C. 20036 Education (202) 822-8138 Tyler Lowe [email protected] www.fed-soc.org The Federalist Society for Law and Public Policy Studies ŗŖŗśȱŗŞȱǰȱǯǯȱȊȱȱŚŘśȱȊȱǰȱǯǯȱŘŖŖřŜ ǻŘŖŘǼȱŞŘŘȬŞŗřŞȱȊȱȓȬǯȱȊȱ ǯȬǯ