The Magazine of the Federalist Society FALL The • ISSUE •

Fall 2014 Federalistwww.fed-soc.org Paper

INSIDE:

Student Leadership Conference Recap

FedSoc Legacy Circle

Faculty, Lawyers, Practice Groups & State Courts Updates

60941.1_FedSoc_cover.indd 2 11/5/14 7:46 PM The Federalist No. 78 Letter from the “The courts must declare Editor the sense of the law; and if they should be disposed Dear Friend of the Society, to excercise WILL instead of JUDGMENT, the We are pleased to bring you the fall issue of The Federalist Paper. consequence would Inside, as always, we review the equally be the substitution many programs and publications the Federalist Society has sponsored of their pleasure to that of through its various divisions and the legislative body.” special projects over the past months. The Student Division began another Directors/Officers stellar year of events at nearly every Steven G. Calabresi, Chairman law school across the country. Hon. David M. McIntosh, Vice Chairman Gary Lawson, Secretary Over the summer, our staff held Brent O. Hatch, Treasurer the annual Student Leadership T. Kenneth Cribb C. Boyden Gray Conference in Washington, DC to Leonard A. Leo, Executive Vice President prepare incoming chapter presidents Edwin Meese, III Eugene B. Meyer, President for the duties of running a successful Michael B. Mukasey chapter. Lee Liberman Otis, Senior Vice President The Practice Groups and Faculty Board of Visitors Division teamed up once again to Mr. Christopher DeMuth, Co-Chairman Hon. Orrin G. Hatch, Co-Chairman offer their Annual Supreme Court Prof. Nicholas Quinn Rosenkranz, Co-Chairman Round-Up to review the Court’s Prof. Lillian BeVier Hon. Elaine L. Chao 2013 Term and their Annual Mr. George T. Conway Hon. Lois Haight Herrington Hon. Donald Paul Hodel Hon. Frank Keating, II Supreme Court Preview to discuss Mr. Robert A. Levy Hon. Gale Norton the Court’s upcoming 2014 Term. Hon. Theodore B. Olson Mr. Andrew J. Redleaf Hon. Wm. Bradford Reynolds Ms. Diana Davis Spencer Hon. Gerald Walpin Also included in this issue are full updates from the many activities Staff of our Lawyers Chapters, State President Courts Project, International Law & Eugene B. Meyer Sovereignty Project. Executive Vice President Leonard A. Leo Senior Vice President & Faculty Division Director Lee Liberman Otis We are looking forward to our 2014 Lawyers Division National Lawyers Convention in Dean Reuter, Vice President, Practice Groups Director Anthony Deardurff, Deputy Director, Faculty Division Lisa Ezell, Vice President, Lawyers Chapters Director Tyler Lowe, Director of Online Education Washington, DC on November 13- Juli Nix, Director of Conferences Jandi Heagan, Assistant Director, Faculty Division David C.F. Ray, Associate Director 15. Maria Marshall, Associate Director Student Division C. William Courtney, Assistant Director Peter Redpath, Vice President, Director Sarah Landeene, Assistant Director Brandon Smith, Deputy Director Stay tuned on fed-soc.org and Kate Beer Alcantara, Associate Director External Relations Caroline Moore, Assistant Director FedSocBlog.com to stay updated Jonathan Bunch, Vice President, Director on our Teleforum Conference Calls, Maureen Wagner, Deputy Director Finance Director Douglas C. Ubben, Vice President SCOTUScasts, Practice Group Development Cynthia Searcy, Director Information Technology Director Podcasts, newest Engage articles, and Katelynd Mahoney, Assistant Director C. David Smith, Vice President white papers. Brigid Hasson, Grants Administrator Pro-Bono Center Director Office Management Peggy Little As always, we invite and encourage Rhonda Moaland, Director Matt Nix, Assistant Director Digital Strategist friends and members to send in Daniel Richards International Law & Sovereignty Project comments and suggestions to James P. Kelly, III, Director Publications Director [email protected]— Paul Zimmerman, Deputy Director Christian B. Corrigan and we look forward to hearing from Membership Director Peter Bisbee you!

2 The Federalist Paper Fall 2014

60941.1_FedSoc_Text.indd 1 11/5/14 7:21 PM Features Fall 2014

Student Division ...... 4 Faculty Division ...... 9 Alumni Relations ...... 11 Practice Groups ...... 13 Lawyers Chapters ...... 16 International Affairs ...... 24 State Courts Report ...... 21 Federalist Society Legacy Circle ...... 23

Fall 2014 The Federalist Paper 3

60941.1_FedSoc_Text.indd 2 11/5/14 7:21 PM Student Division Report By Caroline Moore Assistant Director, Student Division

he Student Division is in full swing for the 2014- Eastman, Claremont Institute Center for Constitutional 2015 academic year. As of October 1, our student Jurisprudence; Jordan Lorence, Alliance Defending Free- chapters already had 291 events planned for this dom; and Clark Neily, Institute for Justice. The Student Tsemester. We look forward to events that ensure a vigor- Division staff gave insight into outreach with the second ous discussion of ideas. Several of our chapters includ- panel titled, “Getting the Word Out: Marketing and ing Nebraska, Harvard, -Berkeley, Florida Communications on the Campus and Beyond.” The Coastal, Columbia, Barry, Michigan, Louisiana State, Conference concluded on Saturday with a speech on Penn, Yale, Montana, and Northwestern have each al- “Tips from a Current National Speaker,” by Prof. Gregory ready held events McNeal of Pep- with 100 or more perdine Law. A attendees. highlight of the In July, Conference was the Student the Annual Su- Division hosted preme Court 200 incoming Reception. Stu- student chapter dents were able presidents for the to meet and take Annual Student pictures with Leadership Con- Justice Samuel ference. The Alito and his Conference took wife, as well as place July 18-20 many of our and covered top- speakers from ics that may have the Washing- been overlooked Case Western Reserve Chapter President Jonathan Fagan (center) and his wife (left) with U.S. ton, DC area by the outgoing Supreme Court Justice Samuel Alito. Justice Alito attended the Supreme Court Reception as who attended leadership. It also a part of the annual Student Leadership Conference in July. Incoming chapter presidents had the event. The the opportunity to visit and take pictures with Justice Alito as well as other Federalist Society introduced stu- speakers. weekend con- dents to several cluded on Sun- Federalist Society day with an ad- speakers. The Conference began with a reception on dress by Federalist Society co-founder Hon. David Friday evening. On Saturday, former U.S. Solicitor McIntosh, a panel on troubleshooting from the Federalist General Paul Clement addressed the attendees. Next, Society staff, and a speech about Lawyers Chapters from the Student Division staff and Federalist Society Presi- our Vice President & Lawyers Chapters Director, Lisa dent Eugene Meyer spoke on “How to Run a Federalist Ezell. The Baltimore chapter was presented with the Society Chapter.” The students enjoyed hearing sugges- Benjamin Franklin Spring Breakout Feddie at the closing tions and tips on how to be the most successful student of the Conference. organization on campus. We encourage student chapters to hold recruit- On Saturday afternoon, they heard about how the ment meetings each fall to make their chapters known Federalist Society is impacting online education from to incoming 1Ls. Recruitment can include tailgates, Tyler Lowe of the Federalist Society. They had the chance organizational fairs, 1L receptions, and new member in- to learn more about Public Interest Litigation from: John duction ceremonies. Over 50 of these recruitment events 4 The Federalist Paper Fall 2014 have been held in the last month. Recruitment meetings ees. Florida State hosted a Supreme Court preview give 1Ls a chance to become members of the national with Trevor Burrus from the Cato Institute and Florida organization, as well as State Law Prof. Fernando assist officers in deciding Teson. There were 45 at- which speakers their chap- tendees at this event. Jus- ter should host during the tice from the upcoming year. Minnesota State Supreme TheBrigham Young Court participated in three chapter has worked dili- Supreme Court Previews gently to do this, as well this fall: William Mitch- as to keep their current ell with 45 attendees, St. members engaged at stu- Thomas-Minnesota with dent chapter events. The 70 attendees, and Minne- chapter had the Federalist sota with 75 student and Society website displayed faculty attendees. Califor- on a laptop at their re- nia Western hosted a panel cruitment meeting and with Prof. Michael Ramsey had 10 new members sign from San Diego Law and up on the spot. They are Prof. Glenn Smith of Cali- also utilizing the social University of Minnesota Chapter officers Rebecca Furdek (right) & Ian fornia Western Law. There media platform Insta- Blodger (left) host a table at a law school organizational fair in September were 60 attendees at this gram for students to post to recruit new members. panel. Chapters at Utah, their favorite quotes and Southwestern, Southern pictures from each event while it’s taking place. Other California, Toledo, New York Law, and Chicago also chapters like Case Western and Minnesota are working plan to host Supreme Court Previews this semester. to get new members involved by hosting informal happy Religious liberty topics, including Burwell v. Hobby hours and building closer ties with their local lawyers Lobby and same-sex marriage, continue to be prevalent on chapter counterparts. Minnesota had 54 new people sign student chapter agendas this year. Twenty-three of our chap- up for their email list and hosted an informal happy hour ters are hosting events on Hobby Lobby this fall. The Flor- with 25 1Ls. ida A&M chapter held a Supreme Court debate titled, “The Hobby reviews and previews are Lobby Decision” with always highly anticipat- Prof. Nathan Chapman ed events for all of our of Georgia Law vs. Prof. chapters. The South Tex- Patricia Broussard from as chapter held a panel for a Florida A&M Law with Supreme Court Roundup, 60 attendees. McGeorge featuring: Ilya Shapiro hosted Prof. John Eastman from the Cato Institute; from Chapman Law for Prof. Josh Blackman of an event on Hobby Lobby South Law; and with 60 student and fac- Prof. Charles Rhodes from ulty attendees. Jeff Mateer South Texas Law. This from The Liberty Institute panel drew an audience William Kristol, founder and editor of The Weekly Standard (left), with debated Sarah Haan of of 55 student and faculty Barry chapter president Elena Crosby (right) at the annual Supreme Court Idaho Law on Hobby Lob- members. California- Reception during the Student Leadership Conference in July. by before the Idaho stu- Berkley hosted a Supreme dent chapter. “Who Court review with Profs. John Yoo and Jesse Choper Should Pay for Your Hobbies?: A Debate on Hobby Lob- from California-Berkeley. This event drew 150 attend- by, Corporate Rights, and Religious Liberties” was the title

Fall 2014 The Federalist Paper 5 of a debate hosted by the DePaul chapter and featured Ilya Young, St. John’s, Brooklyn, Harvard, Toledo, Hous- Shapiro from Cato Institute debating Dean David Franklin ton, California-Berkeley, and Duquense have events on of DePaul; the event had 60 attendees. Pittsburgh hosted the Hobby Lobby decision planned for later this semester. Prof. Richard Duncan from Nebraska Law. The speech, On a related topic, Michigan drew their largest crowd which featured commentary Prof. Haider Hamoudi, was in three years for the event “Health Care and Halbig v. titled “Should the Hobby Lobby Decision Have Been Burwell,” where Prof. Jonathan Adler from Case Western Unaminous?” Chicago held a debate with Tim Carney Law debated Prof. Nick Bagley from Michigan Law before from the Washington Examiner against Prof. Adam Chilton a crowd of 148. of Chicago Law. The debate was titled, “Hobby Lobby In addition, our chapters have numerous events on and Other Challenges to Obamacare.” Cornell hosted a same-sex marriage planned for this fall. Akron hosted a debate featuring John Malcolm from The Heritage Foun- panel, “Marriage Matters,” which featured Kellie Fiedorek dation against from Alliance Prof. Michael Defending Dorf of Cor- Freedom and nell Law. The Michael Fre- event exam- mo of Why ined the Hob- Marriage by Lobby deci- Matters. Jeff sion and the Mateer from future of reli- The Liberty gious exemp- Institute de- tions. There bated Prof. were 95 at- Chad De- tendees in the Veaux of Con- crowd for this cordia Law event. Amer- at Concor- ican hosted (above) Judge Thomas Griffith of the U.S. Court of Appeals for the DC Circuit with Harvard Chap- dia’s religious a panel for ter students working in Washington, DC for the summer. (below) The American Chapter hosts a panel liberty event, their “The on the Hobby Lobby Decision featuring (left to right) Jeanna Lee, President of the WCL Democrats; “The Status Aftermath of Hannah Smith, Senior Counsel at the Beckett Fund for Religious Liberty; Lindsey Wiley, Associate of Religious Hobby Lobby Prof. of Law at American; Leila Abolfazli, Senior Counsel at the National Women’s Law Center; and Christina Pesavento, Co-President of the Federalist Society’s American chapter. Liberty in v. Burwell” Ameri- event. Those on the panel ca.” The event drew a crowd included: Hannah Smith of 70 students, lawyers, from the Becket Fund for and faculty, which is out- Religious Liberty, Lind- standing for a law school say Wiley of Washing- with 100 students. Cal- ton College of Law, and ifornia-Berkeley hosted Leila Abolfazli from the Prof. John Eastman from National Women’s Law Chapman Law in a debate Center. The event had a with Prof. Fred Smith of crowd of 72. Washington California-Berkeley on & Lee held their highest “Marriage Cases” and had attended event in the last a crowd of 105. Student three years on “Hobby chapters at Cincinnati, Lobby and Conestoga,” Ave Maria, and North- featuring Jordan Lorence from Alliance Defending Free- western also held events on the constitutionality of same- dom. The chapter was proud to report there were 96 sex marriage laws. students and faculty in attendance for this event. Miami, Many chapters host events that are of interest to a American, California-Davis, Georgia State, Brigham wide range of students. One of those topics is national 6 The Federalist Paper Fall 2014

60941.1_FedSoc_Text.indd 5 11/5/14 7:21 PM security. These remain among our highest attended Mideast, but about the legal and moral implications events. Nebraska held their first event of the year with that the actions of the United States and its allies play Prof. Ron Rychlak from Mississippi Law and commen- in the “War on Terror.”” Kathryn was later quoted by tary from Perry Prisch of Berry Law Firm. The event the school paper saying, “allowing Captain Sulmasy was titled, “Disinformation: Former Spy Chief Reveals and Christopher Rogers to have a conversation about Secret Strategies for Undermining Freedom, Attacking the use of drone strikes in military operations and to Religion, and Promoting Terrorism,” and it drew a tre- provide differing perspectives will challenge students mendous crowd of 100 attendees. Boston had a “War and audience members to think.” St. Thomas-Florida, on Terror” event with Prof. Gregory McNeal from Pep- California-Davis, and Columbia also plan to host perdine Law and 65 attendees. Barry hosted Ambassador events on national security later this semester. John Bolton for an event titled, “Foreign Policy Chal- One of our newer topics is entitled “The Wealth of lenges Facing the United States.” The Barry chapter had States.” These events give insight about taxation, regula- over 130 attendees at this event. Cornell held a debate on tion, and other policies that differ from state to state and “Can Drone Strikes Work?” with Major General Charles contribute to the economic growth of some states over Dunlap from Duke Law debating Prof. Aziz Rana from others. Ohio Northern held a panel with Mario Loyola Cornell Law. Cornell had 76 in the audience for this from the Texas Public Policy Foundation, and Profs. event. “Surveillance Drones on the Homefront: Privacy David Pimentel and Joane Brant from Ohio Northern at Risk?” was the title of a speech with commentary at Law. The panel was titled, “Rise and Fall of Detroit: Minnesota and had a crowd of 68. The speaker was How Government Ruined One of the World’s Greatest Prof. Greg McNeal from Pepperdine Law and the com- Cities/Unions” and drew a crowd of 65. Curtis Dubay mentaor was Prof. John Radsan from William Mitchell from The Heritage Foundation participated in another Law. SUNY Buffalo hosted an event on “U.S. Drone Wealth of States event at John Marshall-Savannah. Policy in the Middle East: The Legal, Moral, and Political Florida hosted Rep. Dana Young from the Florida Implications,” with Captain Glenn Sulmasy of the U.S. House of Representatives for an event titled, “Small Coast Guard Academy and Christopher Rogers from Business Discriminations: Craft Brewers.” Later this Society Foundation. The event was co-sponsored by the semester, will host Travis Brown from Pelopidas Human Rights Center. The SUNY Buffalo student chap- LLC for a Wealth of States event and Massachusetts- ter president, Kathryn Hartnett, thought this event was Dartmouth will host Becky Norton Dunlop from The very timely to host, because “with tensions in the Middle Heritage Foundation for an event titled “Wealth of States: East escalating daily, members of both organizations How the Elimination of the State Income Tax Would felt it was important for students to hear from foreign Benefit the Public Interest.” Florida A&M, Case West- policy experts not only about what is going on in the ern, Brooklyn, Pittsburgh, and Miami also plan to host

Texas Supreme Court Justice Donald Divine with student from the Texas Chapter during the chapter’s New Member Introduction Event.

Fall 2014 The Federalist Paper 7

60941.1_FedSoc_Text.indd 6 11/5/14 7:21 PM Wealth of States events. Montana Solicitor General Lawrence VanDyke, and Many chapters have decided to host more of our attorney David Herbert. The candidates were asked to Robert H. Bork events this fall. These events continue describe their judicial philosophies, the role of the court to be important among our chapters because they cover: in civil and criminal cases, and judicial elections. There Originalism, the Constitution, the rule of law, and the were over 100 attendees in person, as well as 100 people role of a judge. South Texas hosted Judge Jennifer Elrod who watched live online, and the event was covered by and Prof. Josh Blackman for an intriguing Constitution both the local Montana media and the Associated Press. Day event. Judge Elrod exam- The chapter was pleased with this ined the history of the Constitu- event and suggests other chapters tion. She then went into detail hold similar ones if given the op- about how support for its rati- portunity. There are more Bork fication came to fruition. Prof. events planned at California- Blackman took the opportunity Berkeley, Virginia, Harvard, to explain the historical context Yale, Chicago, InterAmerican, and application of Amendments and Kentucky this semester. to the Constitution. South Texas We anticipate many of had 50 attendees for this event. our students will attend the Florida Coastal hosted a Con- National Lawyers Convention stitution Day celebration titled, on November 13-15. We had “Constitution Day: Is Africa’s 150 student volunteers at the Constitution Better than Ours?” National Lawyers Convention The event featured three law (above) Jeff Manteer, Liberty Institute (left) with last year. We believe at least that professors from Florida Coastal: Concordia Prof. Chad DeVeaux (right) after an event. many students will attend this Prof. Rod Sullivan, Prof. Chris- (below) BYU Chapter President Matt McCune (right) year because the panels will fo- topher Roederer, and Prof. Mary & Vice President Joel Hood (left) run a table at the fall cus on “Millennials, Equity, and Margaret Giannini. There were student organizational fair to recruit new members for the Rule of Law.” The Student their chapter. over 100 attendees in the audi- Division also looks forward to ence for this debate. Columbia the Annual Student Symposium kicked off their Madison Lecture this spring, which will be held Series by hosting Judge Reena at the University of Chicago, Raggi from the U.S Court of February 20-21. The topic of the Appeals for the Second Circuit student symposium is “Law and for an event on “Federal Sentenc- Innovation.” Current students ing Reform.” Judge Raggi spoke should mark their calendars about federal sentencing regimes now, because the symposium is she has encountered while being something they won’t want to on the bench. They had 100 miss. students and faculty at this event. UCLA held a panel titled, “A Conversation with a Judge,” with Judge , Chief Judge of the U.S Court of Appeals for the Ninth Circuit, and UCLA Law Prof. Eugene Volokh. The Montana chapter partnered with American Constitution Society to host their “Montana Supreme Court Candidate Forum.” The panel included all four candidates: Justices Jim Rice and Mike Wheat from the Montana State Supreme Court,

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60941.1_FedSoc_Text.indd 7 11/5/14 7:21 PM Faculty Division Launches New Colloquia, Previews 2014 Supreme Court Term

By Anthony Deardurff Deputy Director, Faculty Division

lthough school was out, discussion and debate Theory and Liberty: The Current State of Originalism,” continued unabated over the course of the Facul- took place in Minneapolis, Minnesota on July 25–26. ty Division’s summer programs and events. With Participants gathered to explore the different variations OctoberA now underway, of, justifications for, and we are getting ready to criticisms of original- mark the beginning of ism. Next, participants a new Supreme Court convened in Chicago on term, a new academic August 15–16 for “Lib- year, and the productive erty of Conscience and programming that fall the Law.” At this collo- brings. quium, participants ad- This summer the dressed the legal status Faculty Division be- of “conscience” in light gan its fifth Law and of our history and tradi- Liberty series, co-spon- tions as well as Court sored with the Liberty precedent, including Fund. During these Adam J. White, Counsel at Boyden Gray & Associates (left) & Carrie Sev- last term’s Hobby Lobby ever-popular colloquia, erino, Chief Counsel & Policy Director at the Judicial Crisis Network (right) decision. faculty, practitioners, participate in the Annual Supreme Court Preview Panel at the National In July, the Faculty and academically-in- Press Club in Washington, DC in September. Division launched its clined students gather second colloquia series for a day and under a grant half to discuss from the John pre-assigned Templeton readings. The Foundation. participants The series, arrive ready which focuses to engage in on religious intense but liberty and amiable de- free enterprise bate and dis- issues, began cussion of the in Denver on colloquium’s July 25– 26 topic. The with “Law first install- D.C. Lawyers Chapter President Doug Cox (left); Noel J. Francisco, Partner, Jones Day (center); and the Moral ment of the and Thomas G. Hungar, Partner, Gibson Dunn & Crutcher (right), at the Federalist Society’s Sense,” dur- series, “Con- 2014 Annual Supreme Court Round Up, held at the Mayflower Hotel in July in Washington, DC. ing which par- stitutional ticipants dis-

Fall 2014 The Federalist Paper 9 cussed the Enlightenment concept of the “moral sense” an excellent lineup of panelists discuss what are likely to and the role that moral sentiments play with respect to be the most significant cases of the High Court’s docket social norms, the rule of law, and the structure of gov- for the 2014 Term. New York Times Supreme Court Cor- ernment. Next in the series was “The Classical Liberal respondent, Adam Liptak, moderated the panel which Constitution.” Participants convened in on featured legal luminaries including Will Consovoy (Wi- September 19–20 to consider the extent to which classi- ley Rein), Orin Kerr (George Washington University), cal liberal thought should inform our understanding of Virginia Seitz (Sidley Austin), Carrie Severino (Judicial the Constitution. Guiding the exploration of this topic Crisis Network), and Adam White (Boyden Gray & was Richard Epstein’s new book The Classical Liberal Associates). To see the full Preview Panel online, please Constitution. visit http://www.fed-soc.org/multimedia, or check out For the second time, the Faculty Division sponsored highlights featuring the major cases the Court will be a reception for law students and hearing and others that may come recent graduates who are consid- before it on our YouTube channel. ering a career in legal academia. With the start of the new Like last year, the event, held in Supreme Court term, the Faculty DC on July 10, attracted a sizeable Division will also begin posting crowd of students, recent gradu- new “SCOTUScast” podcasts in ates, and current law professors. which an academic or practitioner Prof. John Duffy (University of with expertise in the relevant field Virginia) spoke on the challenges of law gives brief, expert analysis and rewards of an academic career of Supreme Court oral arguments and gave advice on preparing for and decisions. Visit http://www. this vocation. After Prof. Duffy’s fed-soc.org/multimedia/page/sco- remarks, students and recent tuscast to listen to new podcasts. graduates had the opportunity Preparations are underway to network with and learn from throughout the Society for the several area faculty that were in National Lawyers Convention on attendance. William Consovoy, Partner, Wiley Rein LLP, dur- November 13-15 in Washington, On August 5, the Faculty ing the annual Supreme Court Preview Panel at the DC. There, for the first time, Division sponsored its custom- National Press Club in September. the Faculty Division will host a ary, and quite popular, afternoon roundtable over lunch on Thurs- reception at the annual South- day, November 13 from 12:00 to eastern Association of Law Schools (SEALS) meeting, 1:45 on “Teaching Law.” The program will be directed held this year in Amelia Island, Florida. Over 100 legal toward lawyers interested in exploring teaching options. academics with varying ideological backgrounds joined It will feature a mix of speakers who are involved in teach- to network with other legal academics, learn more about ing in different ways and who will provide an overview upcoming Federalist Society programming. concerning the three main paths for teaching at a law The Faculty Division made its second trip to the school: becoming a member of the regular tenure-track annual meeting of the American Political Science As- faculty, becoming a clinical faculty member, or teaching sociation (APSA) on August 28–31. This event draws as an adjunct. We will also be hosting a breakfast for hundreds of professors of government, political science, faculty members on Friday, November 14 from 8:00 law, and theory at the undergraduate or graduate (non- AM to 9:00 AM. law school) level. Preparations also continue for our 17th Annual While crisp weather, changing leaves, and pumpkin Faculty Conference, which will be held in Washington, lattes all signal the onset of fall, the Faculty Division D.C. on January 3–4, 2015. The conference program turned its attention to another of fall’s harbingers: the will include discussion panels, works-in-progress paper annual Supreme Court Preview Panel, co-sponsored presentations, and presentations of competitively selected with the Practice Groups. On September 23, students, papers by junior faculty members. practitioners, and members of the press gathered to hear

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60941.1_FedSoc_Text.indd 9 11/5/14 7:21 PM Alumni Relations By Caroline Moore Director of Alumni Relations

he Federalist Society works diligently to bring Clement spoke about his extensive experience litigating members together. In the past, we’ve relied on the in front of the U.S. Supreme Court. After he spoke, he National Lawyers Convention Alumni Breakfasts took several questions about the state of the Court and Tto fill the gaps in alumni relations. The goal this summer then stayed after the event to visit one-on-one with several was to bring alumni from a number of law schools together alumni. The reception was filled with a great mix of 50 to connect or re-connect by hosting student and alumni student and alumni attendees. receptions in New York City and Washington, DC. We The Yale Alumni Chapter held a Washington, DC. hope that annual summer receptions and gatherings in reception in July. Many of the recent graduates are work- conjunction with law school alumni weekends featuring ing at firms, on Capitol Hill, or clerking. This event gave alumni speakers will encourage our student and lawyers alumni a chance to take a break from their busy lives and members to build relationships with one another and connect with other Yale alumni in DC. engage in a vigorous discussion of ideas. The University of Chicago Alumni Chapter hosted In July, we held four alumni chapter events. “Bourbon and Boggs,” which was a bourbon tasting The Harvard Alumni Chapter hosted a reception in New in Washington, DC, featuring Judge Danny Boggs of York City with over 30 attendees to connect current stu- the U.S. Court of Appeals for the Sixth Circuit. Judge dents who were Boggs explained working for the his involvement summer in NYC with the Federal- with alumni who ist Society over now reside there. the years. All 30 The alumni that alumni enjoyed attended gra- the relaxed na- ciously advised ture of the event students and and engaged in gave them in- friendly con- sight into clerk- versation with ships and career Judge Boggs tracks. and his wife, Ju- Later in dith Boggs. We July, the Har- look forward to vard Alumni working with Chapter host- the University of ed a reception Former U.S. Solicitor General Hon. Paul Clement (center) with Harvard Chapter officers David Chicago Alum- with Hon. Paul Casazza (left) and May Davis (right) at the Harvard Alumni reception in Washington, DC in July. ni Department Clement, for- to organize fu- mer U.S. Solicitor General under President George W. ture events with this chapter. Bush and current partner at Bancroft, PLLC. Some of This fall, Georgetown University Alumni Chapter General Clement’s most famous cases are: McConnell v. held a reception in Washington, DC in conjunction with FEC, Bond v. United States, and Burwell v. Hobby Lobby. the Georgetown University’s alumni weekend. We plan on Fall 2014 The Federalist Paper 11 (above) Michael J. Daugherty speaks this summer at the University of Michigan Alumni Event in Washington DC. The reception was held at the Cosmos Club.

hosting fourteen Alumni Chapter breakfasts at the “Federalist Society Georgetown Alumni Chapter.” All National Lawyers Convention in Washington, DC of these chapters now have LinkedIn groups with cor- on November 15, 2014. It is our intention that responding titles. We will post relevant alumni chapter many alumni chapters information on Facebook will use this opportunity about upcoming events to organize future alumni and members of these events for their respec- groups will post relevant tive schools and have the content online. These pri- chance to build relation- vate groups will be man- ships with one another. aged by the Federalist So- If you are interested ciety. We look forward in being involved with to expanding the current an alumni chapter please alumni groups and using contact Caroline Moore them to build a strong at [email protected] or Federalist Society alumni find the above alumni network. chapters› Facebook groups online: “Federalist Society UVA Alumni Chapter,” “Federalist Society Michigan Alumni Chapter,” “Federalist Society Harvard Alumni Chapter,” “Federalist Society Yale Alumni Chapter,” “Federalist Society University of Chicago Prof. John Harrison speaks this summer during the UVA Alumni Alumni Chapter,” or Event in Washington, DC.

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60941.1_FedSoc_Text.indd 11 11/5/14 7:21 PM Practice Groups Update By Will Courtney, Assistant Director of Practice Groups, Juli Nix, Director of Conferences, David C.F. Ray, Associate Director of Practice Groups

he Administrative Law and Regulation Practice The Environmental Law & Property Rights Group hosted a highly successful Teleforum con- Practice Group organized a luncheon discussion at the ference call on the D.C. Circuit’s July 22 decision National Press Club between Hon. Theodore Olson and Tto strike down Affordable Care Act subsidies in Halbig v. Prof. Neal Katyal on the current class action litigation Burwell. Prof. Jonathan Adler and Prof. Nicholas Bagley surrounding the 2010 BP Deepwater Horizon oil spill, gave an overview of the decision to over 300 Federalist and other issues prevalent in class action litigation today. Society members. The practice group also hosted a call The Financial Services & E-Commerce Practice with Prof. Philip Hamburger and Adam White on Prof. Group launched a new monthly series of Teleforum Hamburger’s new book, Is Administrative Law Unlawful? conference calls in July updating practitioners on recent The Civil Rights Practice Group co-sponsored developments at the Consumer Financial Protection a one-day conference in Washington, DC on “Civil Bureau. The first three installments of the series featured Rights in the United States” with the Cato Institute and Hon. Wayne Abernathy, Prof. Todd Zwicki, and Julius the Heritage Foundation. Panels included “Disparate Loeser. Impact and the Rule of Law: Does Disparate Impact Li- The International & National Security Law Prac- ability Make Everything Illegal?” featuring Roger Clegg, tice Group hosted numerous Teleforums throughout the Hon. Peter Kirsanow, Prof. Theodore Shaw, and John summer. The group held a Teleforum, “Dealing with Malcolm;“Racial Preferences and Promoting Diversity: Putin’s Russia: What is the Best Approach,” examining Are These Policies Taking Us in the Right Direction?” recent developments in Russia, in the aftermath of the with Hans Bader, Prof. Louis Michael Seidman, Stuart annexation of Crimea and recent downing of Malaysia Taylor, and Dr. Roger Pilon; “The Future of Voting Airlines Flight MH17 by Russian-backed separatists in Rights” with David Gans, Ilya Shapiro, Hans von Spa- Ukraine. Latitude, LLC founder and former Assistant kovsky, and Michael Barone; and “Passion and Prudence U.S. Secretary of State for International Organiza- in the Political Process: The Debate Over Federal Civil tion Affairs Brian H. Hook and Human Rights First Rights Policy” featuring Diana Furchtgott-Roth, Lara Senior Fellow in National Security Heather Hurlburt Kaufmann, Hon. Gail Heriot, and Robert Barnes. participated in this Teleforum, offering analysis of these High-frequency trading has been a controversial developments. topic since the publishing of Michael Lewis’ Flash Boys U.S. Senate Judiciary Committee Chairman Pat- this spring, and the Corporations, Securities, & Anti- rick J. Leahy recently introduced a bill seeking to revise trust Practice Group joined the discussion by hosting aspects of certain NSA surveillance programs under the a Teleforum Conference Call titled “The Highs—and Foreign Intelligence Surveillance Act. Former Home- Lows—of High-Frequency” with Brian Mannix and land Security Department Assistant Secretary for Policy Joanne Medero. Stewart A. Baker, now of Steptoe & Johnson, and Center The Criminal Law & Procedure Practice Group for Democracy & Technology Freedom Security and coordinated a number of important and timely Tele- Surveillance Project Senior Counsel and Deputy Direc- forum Conference Calls. Prof. John Baker provided a tor Harley Geiger examined the merits of Sen. Leahy’s thorough analysis of the indictment of Texas Governor proposed legislation in a timely Teleforum, titled “Privacy Rick Perry days after the news broke, and with Ferguson, and National Security: The Merits of the Leahy FISA Missouri in the news Profs. Willam Otis and Samuel Reform Bill.” Walker participated in a Teleforum titled “Federal Moni- In light of heightened awareness of government toring of Local Policing.” surveillance activities, the practice group held a unique

Fall 2014 The Federalist Paper 13

60941.1_FedSoc_Text.indd 12 11/5/14 7:21 PM insider Teleforum featuring two members of the Privacy Teleforum examining President Obama’s recent Execu- and Civil Liberties Oversight Board (PCLOB) Rachel tive Order amending EO 11246, which was issued in L. Brand and James X. Dempsey. The PCLOB recently 1965. The new EO added sexual orientation and gender released its report on the surveillance program authorized identity to the list of prohibited bases of employment under Section 702 of the Foreign Intelligence Surveil- discrimination by federal contractors. The order applies lance Act. Ms. Brand and Mr. Dempsey discussed the to all employees of a contractor, not just those working report on this Teleforum, “Surveillance, National Secu- on a federal contract. It also requires the contractor to rity, and Privacy: The PCLOB Report on Section 702 hold itself out to the public as an equal opportunity Surveillance,” and answered audience questions. employer with respect to these newly protected classes, Our Labor & Employment Law Practice Group and to post in conspicuous places notice to employees held another of our Courthouse Steps Teleforums, and job applicants of its nondiscrimination duties. Our “Unionizing Domestic Workers?: Harris v. Quinn De- Teleforum examined the authority of the President to cided,” examining the ruling in Harris and the likely issue this new order and its implication for religious impact on collective bargaining jurisprudence going liberty in the case of faith-based contractors and featured forward. The Teleforum featured University of Michigan University of Missouri-Columbia School of Law Prof. Law School Prof. Samuel Bagenstos and Cato Institute Carl H. Esbeck, Institutional Religious Freedom Alliance Adjunct Scholar and Baker & Hostetler Associate An- Founder and President Stanley W. Carlson-Thies, who drew M. Grossman. served as Director of White House Office of Faith-Based TheLitigation Practice Group and the Profession- & Community Initiatives in the early years of the Obama al Responsibility & Legal Education Practice Group Administration, and University of Illinois College of Law jointly sponsored a book review Teleforum discussing Program in Family Law and Policy Director, Prof. Robin the latest book by Bloomberg Businessweek Assistant Fretwell Wilson. Managing Editor and Senior Writer Paul M. Barrett. In light of the ongoing debate about the Federal The book,Law of the Jungle: The $19 Billion Legal Battle Communications Commission’s net neutrality policy over Oil in the Rain Forest and the Lawyer Who’d Stop at efforts, theTelecommunications & Electronic Media Nothing to Win, examined the story of Steven Donziger, Practice Group held a Teleforum examining the latest a self-styled social activist and Harvard educated lawyer, FCC proposal. In this Teleforum, three experts with who signed on to a budding class action lawsuit against divergent views addressed whether there is any need for multinational Texaco (which later merged with Chevron the FCC to adopt any new neutrality regulations and, to become the third-largest corporation in America). if so, whether the agency possesses the legal authority The suit sought reparations for the Ecuadorian peasants to do so. Two principal legal theories that may support and tribes people whose lives were affected by decades FCC action were discussed – using the FCC’s existing of oil production near their villages and fields. Twenty authority under Section 706 of the Communications Act years of legal hostilities in federal courts in Manhattan or classifying internet service providers as common carri- and remote provincial tribunals in the Ecuadorian jungle ers under Title II of the Act. The panelists also discussed between Mr. Donziger and Chevron’s lawyers followed. the most important question of all: whether and how net In the end, he won a $19 billion judgment against neutrality regulation might affect consumer welfare. The Chevon—the biggest environmental damages award in panel included Federal Trade Commissioner Maureen history. But the company refused to surrender. Instead, K. Ohlhausen, Boston College Law School Prof. Daniel in its counter-attack Chevron revealed evidence of his Lyons, and Public Knowledge Vice President Michael politicking and manipulation of evidence. Suddenly the Weinberg, and was moderated by Free State Foundation verdict, and decades of Mr. Donziger’s single-minded President Randolph J. May. pursuit of the case, began to unravel. Our Teleforum As the most recent Supreme Court term came to featured both Mr. Barrent and our Professional Responsi- a close, the Federalism & Separation Powers Practice bility & Legal Education Practice Group Chairman, Mr. Group held a Teleforum call to discuss one of the Term’s John J. Park, Jr. of Strickland Brockington Lewis. Mr. most anticipated decisions, NLRB v. Noel Canning. In a Park interviewed Mr. Barrett before opening the call to unanimous decision authored by Justice Stephen Breyer, questions from our call-in audience. the Court held that recess appointments made in pro The Religious Liberties Practice Group hosted a forma sessions are invalid. Our experts: Mr. Noel J. Fran-

14 The Federalist Paper Fall 2014

60941.1_FedSoc_Text.indd 13 11/5/14 7:21 PM cisco, Partner at Jones Day, Prof. Kristin E. Hickman, the In July, the Intellectual Property Practice Group held Harlan Albert Rogers Prof. in Law and Associate Director a Teleforum entitled, “Aereo Shot Down as Copyright of the Corporate Institute at the University of Minne- Violator: ABC v. Aereo.” The decision held that Aereo sota Law School, and Prof. Michael B. Rappaport, the publicly performs copyrighted works, in violation of the Hugh and Hazel Darling Foundation Prof. of Law, and Copyright Act’s Transmit Clause, when its technology Director of the Center for the Study of Constitutional allows its paid subscribers to watch television programs Originalism at the University of San Diego School of over the Internet in near real-time as the programs Law, discussed the decision are broadcast over the air. and its implications. Prof. Mark Schultz, Associ- In July, the Federalism ate Prof. and Director of & Separation Powers Prac- Faculty Development at tice Group hosted a Tele- Southern Illinois Univer- forum Call discussing “Co- sity and Senior Scholar and operation or Coercion on Co-Director of Academic Climate: Is the EPA Trying Programs for the Center for to Deputize the States?” The the Protection of Intellectual call featured Prof. Michael S. Property at George Mason Greve of the George Mason University School of Law, University School of Law, discussed whether the deci- Mr. Mario Loyola, Senior sion increased certainty and Fellow at the Texas Public predictability in the world Policy Foundation, and Dr. of copyright or if the Court’s Bryan W. Shaw, Chairman reasoning inject more uncer- of the Texas Commission on tainty. Environmental Quality. Prof. Tom W. Bell of The Federalism & Sep- New York Times Supreme Court Correspondent Adam Liptak Chapman University’s Fowl- aration Powers Practice moderates the 2014 Supreme Court Preivew Panel at the National er School of Law, participated Group hosted a Teleforum Press Club in September. in a Teleforum conference Call to discuss Take Care call on the topic, “Copyright Now: Stare Decisis and the President’s Duty to Defend Acts Originalism,” discussing his new book, Intellectual Of Congress,”a law review article co-authored by Curt A. Privilege: Copyright, Common Law, and the Common Levey, President and Executive Director of The Com- Good, for the Intellectual Property Practice Group. In mittee for Justice. Prof. Neal E. Devins of the William the book he argues that copyright in the United States & Mary Law School offered a rebuttal and our experts has mutated into something the Founders would have took questions from the live audience. hardly recognized. Prof. Christopher Newman, Associate The Intellectual Property Practice Group looked Prof. of Law at the George Mason University School of at two important Supreme Court decisions in a Tele- Law, joined the call to offer his comments and questions. forum titled, “Property Rights in the Supreme Court: In October, the Intellectual Property Practice Group Limelight and Nautilus.” Nautilus v. Biosig Instru- hosted Prof. Kristen Osenga, Prof. of Law at the Uni- ments concerned definiteness and the scope of patents. versity of Richmond School of Law, discussing the just In Limelight Networks v. Akamai Technologies, the Court completed oral argument in Teva Pharmaceuticals USA, held that a defendant is not liable for inducing infringe- Inc. v. Sandoz, Inc. The issue at hand is the extent of the ment under 35 U.S.C. § 271(b) when no one has directly power the special federal appeals court has in reviewing infringed under Section 217(a) or any other statutory trial court rulings regarding invention claims in a pat- provision. The call featured two practitioners: Aaron M. ent dispute. Prof. Osenga reviewed the transcript of the Panner, partner at Kellogg, Huber, Hansen, Todd, Evans oral argument and shared what the implications of the & Figel, P.L.L.C and Thomas G. Saunders, partner at decision could be. WilmerHale. These experts discussed the decisions and their implications.

Fall 2014 The Federalist Paper 15 Lawyers Chapters Update By Lisa Ezell Vice President & Director, Lawyers Chapters

DC Lawyers Chapter hosted its annual round-up before he Federalist Society’s Lawyers Chapters hosted over 200 attendees, with speakers Thomas Hungar of a very active summer programming schedule, Gibson, Dunn & Crutcher and Noel Francisco of Jones with several U.S. Supreme Court round-ups and Day. The Atlanta Lawyers Chapter hosted its round-up Tstate supreme court candidate forums, along with many with Georgia Solicitor General Nels Peterson and former events focusing on national security as a popular topic of Alabama Solicitor General before about discussion. We review here their recent activities. 75 attendees, including members of the Georgia Supreme The San Diego Lawyers Chapter hosted United Court and Georgia Court of Appeals. The Denver Law- States Supreme Court Justice Antonin Scalia at a Sep- yers Chapter presented a panel discussion with Judge tember 11 breakfast. Over 140 attended the breakfast. In Tim Tymkovich of the U.S. Court of Appeals for the his remarks, Justice Scalia stated that the cases he cares Tenth Circuit; Richard Westfall of Hale Westfall LLP; the most about are ones that address structural issues, University of Denver Prof. Nancy Leong; and Rob Na- including those concern- telson of the Independence ing presidential power. Institute. The Houston He stated that in addi- Lawyers Chapter attracted tion to the existence of a over 100 attendees for an Bill of Rights, countries evening panel discussion, must actually enforce these with panelists Judge Gregg rights to ensure that liber- Costa of the U.S. Court of ties are protected. Because Appeals for the Fifth Cir- these rights are often not cuit; Texas Supreme Court enforced, only centralized Justice Jeff Brown; Erin power is preserved. Justice Busby, an adjunct Prof. at Scalia also emphasized the the University of Texas’s importance of state courts (left to right) Attorney David Herbert, Montana Supree Court Justice Supreme Court Clinic; and in affecting the daily lives of Jim Rice, Former Montana Solicitor General Lawrence VanDyke, & Above the Law columnist Americans. Additionally, he Montana Supreme Court Justice Mike Wheat during the Montana Tamara Tabo. Baker Botts Chapter’s Supreme Court Candidate Forum. answered questions about attorney and chapter steer- the quality and effective- ing committee member ness of legal education, bemoaning the de-emphasis on Aaron Streett moderated. The Iowa Lawyers Chapter core law classes in favor of electives. Justice Scalia also hosted Bancroft PLLC partner Erin Murphy, who argued recalled where he was on September 11, 2001, as he had the McCutcheon vs. FEC case before the Court. The Mi- just landed in Rome. ami Lawyers Chapter hosted its second annual round-up Several chapters hosted programs reviewing the with Gibson Dunn & Crutcher appellate lawyer Miguel 2013-14 Term of the United States Supreme Court. Estrada. Over 30 Florida state court judges attended the Once again, these were some of the most highly at- now traditional fall event. The Philadelphia Lawyers tended programs of the year. The Court’s docket covered Chapter hosted Hon. Paul Clement of Bancroft, PLLC. very high profile cases concerning recess appointments, This was the eleventh time the chapter has hosted General campaign finance, religious liberty and conscience, Clement. Over 80 attended this signature Philadelphia and environmental law—topics which generated much program. About 120 attended the Los Angeles Lawyers interest amongst chapter members. The Washington, Chapter’s annual Supreme Court round-up, which fea-

16 The Federalist Paper Fall 2014

60941.1_FedSoc_Text.indd 15 11/5/14 7:21 PM tured returning speakers Chapman University School of uphold a 2008 state judicial rule prohibiting judicial can- Law Prof. John Eastman; Dean Erwin Chemerinsky of didates from seeking or accepting partisan endorsements. UC Irvine School of Law; and Judge Sandra Ikuta of the According to Justice Rice, “As we stated in our opinion, U.S. Court of Appeals for the Ninth Circuit. The San the State of Montana has a compelling interest in protect- Francisco Lawyers Chapter hosted its traditional annual ing and preserving a fair and impartial judiciary.” Justice round-up with Profs. John Wheat agreed, contending, Yoo and Jesse Choper of “This race is about our court Berkeley School of Law. being under attack from Judge of the out-of-state money and out- U.S. Court of Appeals for of-state corporations who the Ninth Circuit served want to come into this state as moderator. Chapters in and influence who’s going to Austin, Baltimore, Bir- be on this [supreme court].” mingham, Columbus, Montana Solicitor General Dallas, Fort Worth, Nash- Lawrence VanDyke, who is ville, New Jersey, Okla- challenging Justice Wheat, homa City, San Diego, stated he would not have Tallahassee, and Tulsa Ilya Shapiro, Senior Fellow in Constitutional Studies at the Cato supported the recent brief, also hosted Supreme Court Institute, speaks to the Tulsa Lawyers Chapter. arguing it curbed the free reviews. Additionally, the speech rights of candidates. New Orleans Lawyers Chapter hosted a Fifth Circuit Regarding spending limits, VanDyke singled out trial Round-Up with two of the Fifth Circuit judges, Judges lawyers for spending significant amounts in this race, and Stephen Higginson. with no calls to regulate their spending. All candidates Several chapters hosted candidate forums. Both the affirmed their support of judicial elections, despite mis- Charlotte and the Triangle Lawyers Chapters hosted givings about the campaign finance system. A spirited North Carolina Supreme Court forums, which attracted exchange between VanDyke and Justice Wheat focused most of the candidates running for election this Novem- on “results-oriented judging” and whether a judge could ber. Seven candidates participated in the Triangle forum, set aside a partisan past position. VanDyke emphasized his in which campaign finance issues provoked some discus- limited history of political involvement, which contrasted sion. Candidates Justice Robin Hudson and Court of with his opponent’s past as a Democratic legislator. The Appeals Judge Sam Ervin IV both voiced concerns about forum was webcast by the law school. the impacts of outside money in the campaign, while The Nashville Lawyers Chapter hosted a series of other candidates downplayed any negative influence. programs previewing amendments on the upcoming In Montana, the lawyers and student chapters co- November ballot. University of Mississippi School of Law hosted a Supreme Court candidate forum at the Univer- Prof. Ron Rychlak spoke about Amendment 4 and the sity of Montana Law School before over 100 attendees. history of gambling regulations in Tennessee. Former state All four candidates for the Montana Supreme Court senator David Fowler previewed Amendment 1, which participated in the exchange, which is the only supreme would change the language in the Tennessee Constitution court candidate forum scheduled in the state this year. to enable state lawmakers to enact abortion laws short of a The candidates debatedCitizens United and partisan in- ban. Local lawyer Forrest Shoaf discussed Amendment 3, fluences, the relationship between the Montana Consti- which would prohibit state legislators from allowing any tution and the federal Constitution, ways for Montanans state or local tax on payroll or earned personal income. to gain greater access to legal services, and how a judge Several chapters hosted John Fund and Hans von should rule when his or her personal beliefs differ from Spakovsky, co-authors of the new book Obama’s Enforcer: the law. Incumbent Justices Jim Rice and Mike Wheat Eric Holder’s Justice Department. Fund and von Spakovsky took issue with both the 2010 Citizens United decision both spoke to the Las Vegas and Long Island Lawyers and the U.S. Supreme Court’s 2012 ruling in a Montana Chapter. Von Spakovsky also spoke to the Cleveland case that reaffirmed the decision. Recently, Justices Rice Lawyers Chapter, while Fund addressed the Chicago, and Wheat both signed a brief asking a federal court to Orange County, Sacramento, and San Francisco Law-

Fall 2014 The Federalist Paper 17

60941.1_FedSoc_Text.indd 16 11/5/14 7:21 PM yers Chapters. lawyers networking reception in August. The event With recent headlines of violence in the Middle proved popular with the Chapter’s many young lawyers East, the emergence of ISIS, and troops in Syria, atten- and law clerks already active with the Federalist Society. tion also turned to programs on national security and The Miami Lawyers Chapter co-hosted a reception foreign policy. Prof. John Yoo of the University of Cali- designed to assist students with law review articles, with fornia Berkeley School of Law and Prof. Alberto Coll of several lawyers and state court judges offering guid- DePaul University College of Law engaged in a discus- ance. About 100 attended this second annual event. sion before the Chicago Lawyers Chapter on “Mak- TheNew York City Young Lawyers hosted a post-bar ing War in a World in exam happy hour. Sever- Chaos.” The speakers al other chapters hosted discussed whether Pres- receptions geared to- ident Obama could ward welcoming sum- launch U.S. forces mer associates to their into conflict on his communities, including own constitutional au- chapters in Atlanta, thority or whether he Chicago, and Triangle. needed congressional Other chapters hosting approval to act first. summer socials and net- They also discussed working happy hours whether international over the summer and law could constrain the early fall include Aus- White House’s ability The New Orleans Lawyers Chapter hosted a Fifth Circuit Roundup fea- tin, Dallas, Madison, to start a war. Dr. Mark turing Fifth Circuit Judges Edith Jones (right) and Stephen Higginson Michigan, and San Conversino of the Air (not pictured). Francisco. War College discussed TheWest Virginia recent events in Russia and the Ukraine in a speech Lawyers Chapter hosted its re-launch event with Sidley to the Birmingham Lawyers Chapter. TheTampa Austin attorney Roger Martella, who addressed the new Lawyers Chapter hosted Gary Bernsten, a former CIA EPA “Clean Power Plan” rules which will require emis- Agency Directorate, who offered an update on national sions cuts from coal plants by 30% by 2030. Martella, security and its effects on the economy. TheMilwaukee who served as General Counsel of the EPA, questioned Lawyers Chapter hosted Prof. Jeremy Rabkin of George the constitutionality of the plan and referenced a law- Mason University School of Law for a discussion on suit filed by West Virginia Attorney General Patrick international law. Morrissey. While he acknowledged that the rules may The Washington, DC Young Lawyers Chapter affect the generation of electricity in West Virginia less hosted two events to kick off their fall schedule. The than other states, he contended that West Virginia and Chapter hosted a breakfast with Ben Ginsberg of Jones its mining industry will still be negatively impacted by Day, who previewed the 2016 presidential election export limits. and answered questions on election law and the 2014 TheNew York City Lawyers Chapter hosted two midterm elections. The Chapter also hosted a small high-profile events in October. On October 8, the dinner with former SEC Commissioner Troy Paredes. chapter bestowed its James Madison award on United On October 22, the Chapter co-hosted a discussion States District Court Judge Loretta Preska at a gala with the Alexander Hamilton Society on foreign policy dinner at the Yale Club. On October 13, the chapter and national security with Arnold & Porter attorney hosted U.S. Supreme Court Justice Antonin Scalia for John Bellinger, who served as a legal advisor to the State a luncheon at the New York Athletic Club. Department during the George W. Bush Administra- Many programs are scheduled in coming months, tion, and Dechert partner Steve Bradbury, who led the including the Annual Western Chapters Conference at Office of Legal Counsel. Other chapters are also hosting the Presidential Library on January 24, programs geared toward young lawyers and students. 2015. For an update on all upcoming lawyers chapter The Houston Lawyers Chapter hosted its first young programs, please visit our web-site at www.fed-soc.org.

18 The Federalist Paper Fall 2014

60941.1_FedSoc_Text.indd 17 11/5/14 7:21 PM Federalist Society Promotes Rule of Law and Liberty Across Europe By Paul Zimmerman Deputy Director, International Affairs

n partnering on high-level lectures, panels, and U.S. Supreme Court and a dinner with Associate Justice discussions in the past three months in the United Samuel Alito. Kingdom, Hungary, the Republic of Georgia, Cro- Meanwhile, in London, the Federalist Society con- Iatia, and the United States, the Federalist Society’s Inter- tinues to support dialogue and debate over the U.K.’s national Affairs relationship with Division has the European advanced de- Union and Eu- bate over the ropean Court of rule of law and Human Rights. principles of a In July, the Fed- free society and eralist Society has become a partnered with trusted part- British think ner for quality tank Polit- programs on eia on a panel law and justice entitled “The across Europe. Financial Ser- In July, vices, the EU the Federalist and the UK: Society host- What Princi- ed a group of ples for Rene- young pro- gotiation?” The fessionals In October, the Federalist Society sponsored a panel organized by the Institute of Ideas on “From panel featured from the Toc- Magna Carta to ECHR: Do We Need a British Bill of Rights?” in London. Jacob Rees- queville Fel- Mogg MP, lowship program, giving French students an opportunity Chief Economic Adviser to the Mayor of London Dr. to learn about the history of the Society and about some Gerard Lyons, and financial adviser Barney Reynolds. best practices for launching a civil society movement. To Later in the month, with the Federalist Society’s support, enhance the Fellows’ understand of U.S. law and politics, Politeia released a publication entitled “Zero Plus: The the Federalist Society arranged for a tour of the Capitol Principles of Renegotiation,” in which respected barrister and a meeting with U.S. Senator Mike Lee of Utah. Martin Howe QC sets out various options for the U.K.’s In addition to its work with the Tocqueville Fellow- future renegotiation of competences with the European ship program, in July, the Federalist Society hosted the Union. In September, Mr. Howe further developed his leaders of its new Paris-based partner organization, the analysis from this paper at an event outside the Conser- Law and Liberty Circle. The young French attorneys, vative Party Conference in Birmingham featuring Jacob who founded the organization to bring much-needed Rees-Mogg MP and former British Attorney General debate on the rule of law and individual freedom to Dominic Grieve MP in a packed conference room of law schools in France, attended the Federalist Society’s over fifty attendees. The Federalist Society continues Student Leadership Conference, where they learned the its fruitful partnership with Politeia in October when time-tested process of organizing a successful student Politeia hosts events on the European Union and the chapter in the U.S. The visit included a reception at the U.K. Human Rights Act.

Fall 2014 The Federalist Paper 19

60941.1_FedSoc_Text.indd 18 11/5/14 7:21 PM On a related note, to enhance its leadership role in London, as representatives from the law and civil society scrutinizing the centralization of power in international met to discuss the possibility and implications of the and supranational organizations and resulting global U.K.’s renegotiation of its relationship with the European governance trends, in July, the Federalist Society’s Inter- Union. Paul Zimmerman attended a launch event by the national Affairs Division updated its Global Governance Institute of Ideas for its Battle of Ideas season, during Watch® website at http://www.globalgovernancewatch. which the Federalist Society sponsored two events: a org. The redesigned website features content on four “satellite event” in London on the potential replace- broad subjects—International Organizations; Business ment of the U.K. Human Rights Act with a British Bill and Human Rights; European Institutions; and, in part- of Rights; and a panel at the group’s keynote Battle of nership with Dr. Elizabeth Prodromou of Tufts and Har- Ideas conference on challenges related to judicial activ- vard University, Global Political Islam—and contains an ism in the U.K. online library of documents, commentary, and resources Later in September, the Society sponsored two on global governance panels organized by the developments. British think tank The In July, the Federal- Freedom Association. ist Society supported its The first, entitled “Free- Hungary-based partner dom Under the Law – organization the Com- Magna Carta and Me,” mon Sense Society in featured U.K. Member hosting a Summer Lead- of the European Par- ership Academy Alumni liament Syed Kamall, Retreat in Szirák,​ Hun- Member of Parliament gary, where over twenty and Executive Direc- students and young pro- tor of the Westminster fessionals gathered for Three leaders of the Federalist Society’s Paris partner organization the Law and Foundation for Democ- discussions and lectures Liberty Circle, (left to right) Thibault Mercier, Frédéric Pelouze, and René racy Andrew Rosindell, on the principles of a Boustany, attended the Society’s U.S. Supreme Court Reception in July. Councillor Helyn Clack free society and indi- of the Surrey County vidual freedom and the Council, Ted Bromund importance of culture in society. of the Heritage Foundation, and Rory Broomfield of In August, the Federalist Society organized the travel The Freedom Association. The second panel, entitled of Prof. Stephen Henderson of the University of Okla- “Does the UK Need a Written Constitution?,” featured homa College of Law to Batumi, Republic of Georgia, Member of Parliament Dominic Raab, former Member to teach a set of classes on criminal law and procedure of the U.K. Commission on a Bill of Rights Martin to students at the Constitutional Court of Georgia. Howe QC, Chief Executive of Conservative Way For- Later in August, the Federalist Society’s Deputy Direc- ward Donal Blaney, and Vice President for Strategy at tor of International Affairs Paul Zimmerman attended the Competitive Enterprise Institute Iain Murray. the Freedom Forum in Zadar, Croatia, hosted by the With these programs, and with our upcoming fall Croatian Centre for the Renewal of Culture, where a schedule, the Federalist Society is leading the way in pro- group of students attended classes on subjects including moting a crucial discussion on the rule of law, individual the future of the European Union and the importance of freedom, and limited government in countries across U.S. foundational principles to today’s world. Following Europe. To share your comments about the International the Freedom Forum, Paul attended an event in Zagreb, Affairs Division, or to learn more about its work, please Croatia, where Chilean economist José Piñera presented contact Jim Kelly at [email protected] and Paul Zim- a lecture to an audience of Croatian bankers, financial merman at [email protected]. analysts, and the press on the importance of free market economics to future prosperity in Croatia. In September, the Federalist Society continued its successful series of Law and Liberty Circle meetings in 20 The Federalist Paper Fall 2014

60941.1_FedSoc_Text.indd 19 11/5/14 7:21 PM State Courts Report By Peter Bisbee Assistant Director, External Relations

he State Courts Project monitors activities Appeals with a system of gubernatorial appointment relating to the role of state courts, judicial and senate confirmation, Brownback will not have to selection, judicial philosophy, and the rule rely on any nominating commission in naming Stegall’s Tof law generally, consistently seeking to spark debate replacement to the Kansas Court of Appeals. and increase the quality of the discussion surrounding important legal policy issues. The developments Montana described below have drawn considerable attention in On September 22, the Montana Lawyers Chapter of local legal communities and in some cases nationally. the Federalist Society and the American Constitutional Society held a state Supreme Court candidate forum at Kansas the University of Montana School of Law. Incumbent In August, Governor Sam Brownback appointed high court Justices Mike Wheat and Jim Rice were Kansas Court of Appeals Judge Caleb Stegall to a seat joined by challengers Lawrence VanDyke and W. David on the Kansas Supreme Court, replacing former Justice Herbert. The forum, which was the first time Montanans were able to who was see all four appointed candidates to the U.S. together, Court of provided Appeals for each of them the Tenth with an Circuit. opportunity Kansas has to share a Missouri- their views Plan system (left to rightt) Chief Justice Mark Martin; Judge Ola Lewis; Justice Robert Hunter, Jr.;Judge Sam Ervin on political of judicial IV; Justice Robin Hudson; Judge Eric Levinson; Justice Cheri Beasley; and Mike Robinson participate funding, selection, in the Federalist Society’s Supreme Court of North Carolina Candidate Forum in Charlotte in October. partisanship, which the Montana means Gov. Constitution, Brownback chose Stegall from a list of three finalists and several controversial legal decisions. provided to him by the Kansas Supreme Court Nominating Commission. Brownback declared Stegall North Carolina to be “one of the most qualified in state history to In November, North Carolina voters will choose serve as a Justice.” Stegall’s appointment to the state’s who sits on four of the seven seats of the Supreme highest court also gives Brownback the opportunity Court of North Carolina. With the August retirement to fill another seat on the Kansas Court of Appeals. of Chief Justice Sarah Parker, Senior Associate Justice Since the Kansas Legislature voted in 2013 to replace Mark Martin was appointed by Governor Pat McCrory the Missouri-Plan system of selection for the Court of to serve as Chief Justice until the November elections.

Fall 2014 The Federalist Paper 21

60941.1_FedSoc_Text.indd 20 11/5/14 7:21 PM Martin will face Superior Court Judge Ola Lewis for the among members of the court. We hope this paper will seat of Chief Justice. Shortly after Martin’s appointment foster public discussion regarding the role of courts, and as Chief Justice, McCrory appointed North Carolina particularly the North Carolina Supreme Court, in our Court of Appeals Judge Robert Hunter, Jr. to fill Martin’s system of government. seat as Associate Justice on the supreme court. Hunter Tennessee will face court of appeals Judge Sam Ervin IV, who previously ran against Justice Paul Newby in 2012 for his In August, Tennessee voters decided to retain three newly appointed seat on the court. Associate Justice Cheri justices on the Tennessee Supreme Court by the narrowest Beasley, who was a last minute appointment by outgoing margins in the history of retention referendums. As we Democratic Governor Bev Perdue, will face practitioner reported in our last issue, Lieutenant Governor Ron Mike Robinson for her seat on the court. Finally, Associate Ramsey led the effort to oust Justices Gary Wade, Sharon Justice Robin Hudson will face a challenge from Superior Lee, and Cornelia Clark, all of whom were appointed by Court Judge Eric Levinson for her seat on the court. Democratic Governor Phil Bredesen. Immediately after The Federalist Society hosted two supreme court the three justices were retained, they were placed back candidate forums in North Carolina this fall. The Triangle into the spotlight as they were charged with selecting Lawyers Chapter a new Attorney held the first General to replace forum in Raleigh Democrat Robert on September 17 Cooper. and the Charlotte Tennessee is Lawyers Chapter unique in that its held the second Attorney General forum in Charlotte is an officer of the on October 1. judicial branch, The Charlotte appointed by forum was noted the justices of as the first time all the Tennessee eight candidates Supreme Court were together rather than by the since the races Governor, or by began. The forums being elected by allowed North popular vote or vote Montana Solicitor General Lawrence VanDyke at the Montana Supreme Court Can- of the legislature. Carolinians to see didate forum, co-hosted by the Federalist Society’s Montana Lawyers Chapter and the the candidates side American Constitutional Society. During the August by side articulating retention election, their views on a the position of the wide variety of topics, including the role of the courts, Attorney General became controversial, as efforts to judicial elections, and recent court decisions. remove the three justices tried to use Cooper’s decisions The Society also published a White Paper titled to paint the justices who selected him as “too liberal for “Recent Decisions of the Supreme Court of North Tennessee.”—notably Cooper’s decision not to join a Carolina.” Authored by Adam Conrad, Bob Numbers, multi-state lawsuit against the Affordable Care Act was Brad Lingo, and Grayson Lambert, the White Paper emphasized in this effort. In the wake of this criticism, aims to inform North Carolinians about some of the the Tennessee Supreme Court selected Herbert Slatery III important cases decided in recent years by the state’s as the next Attorney General. Slatery, who steps down as supreme court. The White Paper discusses eight recent Governor Bill Haslam’s chief counsel, is Tennessee’s first cases separated into four categories: constitutional law, Republican Attorney General since Reconstruction. election law, business law, and criminal law. Some of these cases highlight differences in judicial philosophy

22 The Federalist Paper Fall 2014

60941.1_FedSoc_Text.indd 21 11/5/14 7:21 PM What Will Your Legacy Be?

The advancement and diffusion of knowledge is the only guardian of true liberty.” - James Madison

The Federalist Society’s Legacy Circle is a special group of Federalist Society members who understand the importance of maintaining the foundations of a free society. They know that an investment in the Federalist Society through their will or living trust represents good value and will help our nation remain a place where liberty and the rule of law are secure for future generations. By making a planned gift and becoming a member of our Legacy Circle, you can help us continue to grow in size and effectiveness so that we can continue to play an impor- tant role in reordering our legal system to respect individual liberty and the rule of law. For more information on the Federalist Society’s Legacy Circle and the different the ways you can help advance the work of the Federalist Society and create a legacy of freedom and opportunity for future generations, please contact Katelynd Mahoney at 202-822-8138 or via email at [email protected].

Fall 2014 The Federalist Paper 23

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