here - University of Virginia School of Law
Transcription
here - University of Virginia School of Law
THE FEDERALIST SOCIETY 30th Annual Student Symposium February 27, 2009 J.B. Moore Society of International Law CAPITALISM, MARKETS AND THE CONSTITUTION February 25 & 26, 2011 Welcome America’s economy, characterized by capitalism and the free market, has generally provided material prosperity for its citizens since the country was founded. In the last few years, however, that same economy has faced a financial crisis and recession worse than any other since the Great Depression. The federal government took an active role in responding to the downturn, favoring more intervention over less. The results included a bailout of major banks and automobile companies, an $800 billion stimulus package, an overhaul of financial regulations, and a comprehensive health care reform package. These measures were hotly contested, and a vocal group of citizens responded by forming Tea Party groups across the country. Members of this movement placed a heavy emphasis on the ideas of the founders and the original meaning of the Constitution. Opposition to the federal government’s economic approach, primarily led by the Tea Party movement, culminated in historic Republican gains in the 2010 midterm elections. Shortly after taking control, the new majority held a reading of the Constitution on the floor of the House of Representatives for the first time in history. The battle over the government’s role in economic regulation has not only been waged in the halls of Congress, but in the courts as well. In the past year a total of 28 states have filed joint or individual lawsuits challenging the constitutionality of the health care reform bill’s individual mandate. With the state of the economy at a historic low and the popularity of the Constitution at a historic high, now is an apt time to examine the topic of capitalism, markets and the Constitution. This symposium seeks to explore the following questions: What were the economic theories of the founders and how did they influence the Constitution? To what extent does the Constitution protect economic liberties, if at all? What effect does American federalism, embodied in the Constitution, have on the substance and style of government regulation? Is a welfare state consistent with American exceptionalism? What is the role of the courts in times of economic uncertainty? And lastly, what were the causes and consequences of the recent financial crisis? The University of Virginia School of Law and its Federalist Society chapter are honored to host the 2011 Student Symposium. The setting is the perfect match for this symposium — a law school with a history of focusing on the intersection of law and the economy located just miles from the home of James Madison. We hope that each of you will approach our panels with an open mind and insightful questions and will discuss with each other what you learn over the course of the weekend. Anyone who has attended past Federalist Society symposia knows to expect the highest degree of respectful and cordial debate. Thank you for joining us in Charlottesville for what is sure to be an exciting and engaging event. Symposium Committee University of Virginia Federalist Society Please see the last page of this program for a list of our generous sponsors. 2 table of contents Friday Schedule 4 Saturday Schedule 6 Participants 9 The Federalist Society for Law & Public Policy Studies 22 UVA Law School Federalist Society 24 Sponsors 26 connect with the federalist society 27 Brief Schedule Back cover 3 Friday 3:30 p.m. Registration University of Virginia School of Law, Caplin Auditorium Lobby 6:15 p.m. Welcome and Opening Remarks University of Virginia School of Law, Caplin Auditorium Ben Massey President, University of Virginia Federalist Society LILLIAN BEVIER Dean, University of Virginia School of Law 6:30 p.m. Debate: Economic Freedoms and the Constitution University of Virginia School of Law, Caplin Auditorium Since West Coast Hotel Co. v. Parrish and the end of the Lochner era, the Supreme Court has adhered to the belief that “[t]he Constitution does not speak of freedom of contract.” But is this commitment consistent with an original understanding of the Constitution? This panel will address whether the Constitution permits the extensive state regulation of economic affairs. Even if Lochner as a decision was illegitimate, has the Supreme Court retreated too far in protecting economic liberties from state interference? Is the Constitution a thoroughly libertarian document or is it compatible with a high degree of state regulation? Does either understanding come with any limiting principles? If so, what are their sources? In any event, is it desirable for a constitution to constrain the power of the state in the area of redistribution and economic regulation? Randy Barnett Georgetown University Law Center Jeffrey Rosen George Washington University Law School Moderator: Judge Debra Livingston U.S. Court of Appeals for the Second Circuit Debate participant biographies on page 9 4 8 p.m. Panel I: Economic Theory, Civic Virtue and the Meaning of the Constitution 9:45 p.m. Cocktail Reception University of Virginia School of Law, Caplin Pavilion University of Virginia School of Law, Caplin Auditorium Justice Holmes’ dissent in Lochner v. New York is well known for the statement, “[A] constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire.” But is this belief consistent with the original Constitution? To what extent did the ideas of thinkers such as Adam Smith shape the founders’ understanding of human nature and public virtue? In what ways do their economic and philosophical commitments continue to shape our constitutional government today? Are capitalism and a commitment to civic virtue complementary or antagonistic? Does the Constitution promote a virtuous citizenry or is it simply a set of political structures that can accommodate a pluralistic society? At a time when the virtues of capitalism are often called into question, it will be useful to examine the precise place of this theory in the foundational structures of our government. James Ely Vanderbilt University Law School Renee Lettow Lerner George Washington University Law School Nelson Lund George Mason University School of Law G. Edward White University of Virginia School of Law Moderator: Judge J. Harvie Wilkinson III U.S. Court of Appeals for the Fourth Circuit Panel I participant biographies on page 10 5 saturday 8 a.m. Continental Breakfast University of Virginia School of Law, Caplin Auditorium Lobby 9 a.m. Panel II: Federalism and Interstate Competition University of Virginia School of Law, Caplin Auditorium This panel will assess American federalism as a competitive institution that offers a marketplace of state regulatory regimes. With the recession impacting some states more heavily than others, it is time to ask whether interstate competition is good for the nation. Should state-by-state approaches to issues such as health care, financial regulation, environmental protection and same-sex marriage be encouraged? Does competition among the states lead to the best outcome or a race to the bottom? How will events such as the recent recession and health care reform impact the marketplace of state regulation? Jonathan Adler Case Western Reserve University School of Law Clayton Gillette New York University School of Law John McGinnis Northwestern University School of Law Louis Michael Seidman Georgetown University Law Center Moderator: Judge William H. Pryor, Jr. U.S. Court of Appeals for the 11th Circuit Panel II participant biographies on page 13 6 11 a.m. SPEECH: The U.S. Financial Crisis: Causes and Consequences 12:30 p.m. lunch University of Virginia School of Law, Withers-Brown Hall University of Virginia School of Law, Caplin Auditorium Many politicians have blamed business for the current recession, leading to additional measures by the U.S. government to regulate the market. Some critics argue that the Federal Reserve’s missteps in managing the monetary system created an economic bubble. That bubble pervaded the real estate market in part through relaxed lending standards promulgated by the government-sponsored enterprises Freddie Mac and Fannie Mae. When the bubble inevitably deflated, the crisis spread to the general economy, resulting in high unemployment and negative or slow economic growth. But will the measures the government took to stem the crisis and regulate the market reduce economic growth in the long term? John Allison will outline the fundamental economic and philosophical solutions to these problems in his presentation. John Allison Former Chairman and CEO, BB&T Corporation Introduction Howard Husock Manhattan Institute Allison and Husock biographies on page 15 7 2 p.m. Panel III: The Welfare State and American Exceptionalism University of Virginia School of Law, Caplin Auditorium Following the recent passage of President Barack Obama’s health care legislation, this panel will reassess whether it is possible to have a welfare state that meshes with the American constitutional tradition. Is the enduring presence of government entitlements antithetical to our system of government, or is there a way to accommodate these programs without changing the historical American relationship between the individual and the government? Will the growing role of government in the United States cause the country to increasingly mirror Europe, or can the nation chart an alternate course? Does the U.S. Constitution’s relative lack of positive rights compared to its counterparts around the world pose problems for proponents of an American welfare state? Is the American suspicion toward state entitlements the product of a longstanding philosophical commitment or the result of historical contingency? Are there currently any constitutional limits on the growth of the welfare state? Should there be? William P. Marshall University of North Carolina School of Law Jeremy Rabkin George Mason University School of Law Neomi Rao George Mason University School of Law Moderator: Judge Brett Kavanaugh U.S. Court of Appeals for the D.C. Circuit Panel III participant biographies on page 16 8 4 p.m. Panel IV: Economic Uncertainty and the Role of the Courts University of Virginia School of Law, Caplin Auditorium This panel will examine the role of the courts in an uncertain economic climate. Given the financial troubles plaguing the United States, how much emphasis should the judiciary place on the constitutional protection of private property? In a difficult economic climate, should a judge’s empathy for those in financial distress affect his rulings? If a state defaults on its obligations, what is the appropriate role of the courts? Should a refusal to pay constitute a violation of the Takings Clause? On a broader level, to what extent do interpretive methods have financial consequences? How much stock do investors put in stability in judicial reasoning when choosing where to place their money? Does our current law protect private property too much or not enough to maximize social utility, and should that be the standard by which we judge the legal protection of property rights? Does the experience of other countries offer any lessons in this area? Paul G. Mahoney Dean, University of Virginia School of Law Paul Stephan University of Virginia School of Law Todd Zywicki George Mason University School of Law Moderator: Judge Diane Sykes U.S. Court of Appeals for the Seventh Circuit Panel IV participant biographies on page 18 participants 6 p.m. Cocktail Reception Boar’s Head Inn Debate: Economic Freedoms and the Constitution Friday, 6:30 p.m., Caplin Auditorium 7 p.m. Banquet and Keynote Speech Boar’s Head Inn Invocation Fr. Luke Clark St. Thomas Aquinas Church Introduction and Welcome Eugene Meyer President, The Federalist Society Alexander Cox Symposium Chair, University of Virginia Federalist Society Presentation of Student Chapter Awards Student Division Staff, The Federalist Society Presentation of the Paul M. Bator Award Presenter: Joseph Bingham University of Chicago Federalist Society Recipient: Brian Fitzpatrick Vanderbilt University Law School Introduction of Keynote Speaker Lillian BeVier University of Virginia School of Law Keynote Speech justice Clarence Thomas U.S. Supreme Court Randy Barnett Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County State’s Attorney’s Office in Chicago. He has been a visiting professor at Northwestern and Harvard Law School. In 2008, he was awarded a Guggenheim Fellowship in Constitutional Studies. Barnett’s publications include more than 90 articles and reviews, as well as nine books, including “Restoring the Lost Constitution: The Presumption of Liberty” (Princeton, 2004), “Constitutional Law: Cases in Context” (Aspen, 2008), “Contracts” (Oxford Introductions to U.S. Law, 2010), “Contracts: Cases and Doctrine” (Aspen, 4th ed. 2008) and “The Structure of Liberty: Justice and the Rule of Law” (Oxford, 1998). In 2004, Barnett argued the medical marijuana case of Gonzalez v. Raich before the U.S. Supreme Court. He regularly publishes opinion pieces in such publications as the Wall Street Journal, and appears on such programs as “CBS Evening News,” “The NBC Nightly News,” “Parker Spitzer” (CNN) and “The Glenn Beck Show.” In 2007, Barnett was featured in the documentaries, “The Trials of Law School” and “In Search of the Second Amendment”; he also portrayed an assistant prosecutor in the independent film “InAlienable.” 9 Judge Debra Livingston Debra Livingston was appointed to the U.S. Court of Appeals for the Second Circuit in 2007. Prior to her appointment she was the Paul J. Kellner Professor of Law at Columbia Law School, where she also served as vice dean from 2005 to 2006. Livingston joined the Columbia faculty in 1994. She continues to serve as a member of that faculty as the Paul J. Kellner Professor. Livingston received her B.A., magna cum laude, in 1980 from Princeton University, where she was elected to Phi Beta Kappa. She received her J.D., magna cum laude, in 1984 from Harvard Law School, where she was an editor on the Harvard Law Review. Following law school, she served as a law clerk to Judge J. Edward Lumbard of the U.S. Court of Appeals for the Second Circuit. Livingston was an assistant U.S. attorney in the Southern District of New York from 1986 to 1991 and she served as a deputy chief of appeals in the Criminal Division from 1990 to 1991. She was an associate with the New York law firm Paul, Weiss, Rifkind, Wharton & Garrison from 1985 to 1986 and again from 1991 to 1992, when she elected to pursue an academic career. Livingston was a member of the University of Michigan Law School faculty from 1992 until 1994. Livingston is a co-author of the casebook “Comprehensive Criminal Procedure,” and has published numerous academic articles on legal topics. She has taught courses in evidence, criminal law and procedure, and national security and terrorism. From 1994 to 2003, Livingston was a commissioner on New York City’s Civilian Complaint Review Board. 10 Jeffrey Rosen Jeffrey Rosen is a professor of law at George Washington University and the legal affairs editor of The New Republic. His most recent book is “The Supreme Court: The Personalities and Rivalries that Defined America.” He also is the author of “The Most Democratic Branch,” “The Naked Crowd” and “The Unwanted Gaze.” Rosen is a graduate of Harvard College, summa cum laude; Oxford University, where he was a Marshall Scholar; and Yale Law School. Rosen’s essays and commentaries have appeared in the New York Times Magazine, the Atlantic Monthly, on National Public Radio, and in the New Yorker, where he has been a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and the L.A. Times called him “the nation’s most widely read and influential legal commentator.” Rosen lives in Washington, D.C., with his wife, Christine Rosen, and their two sons. Panel I: Economic Theory, Civic Virtue and the Meaning of the Constitution Friday, 8 p.m., Caplin Auditorium James Ely James W. Ely, Jr., is the Milton R. Underwood Professor of Law, emeritus, and a professor of history, emeritus, at Vanderbilt University. He is the author or editor of numerous books, including “The Chief Justiceship of Melville W. Fuller, 1888-1910” (1995), “Railroads and American Law” (2001), “The Bill of Rights in Modern America,” (rev ed. 2008, with David J. Bodenhamer), “The Guardian of Every Other Right: A Constitutional History of Property Rights,” (3rd ed. 2008), and “American Legal History: Cases and Materials,” (4th ed. 2011, with Kermit L. Hall and Paul Finkelman). Ely has also authored a wide range of articles dealing with the rights of property owners in American constitutional history. In 2006 he received the Brigham-Kanner Property Rights Prize. Ely is a former associate editor of the American Journal of Legal History. Renee Lettow Lerner Professor Renee Lettow Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She focuses particularly on the history of U.S. procedure and legal institutions, how they have diverged from those of England, and on the differences between current adversarial and nonadversarial legal systems. She regularly speaks to groups of U.S. and foreign judges about comparative procedure and institutions. She is the author, with John Langbein and Bruce Smith, of the book “History of the Common Law: The Development of Anglo-American Legal Institutions” (2009). Lerner received an A.B., summa cum laude, in history from Princeton University. She did graduate work as a Rhodes Scholar at Oxford University in English legal history. At Yale Law School, she was articles editor of the Yale Law Journal. She clerked for U.S. Supreme Court Justice Anthony M. Kennedy and Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as deputy assistant attorney general in the Office of Legal Counsel at the U.S. Department of Justice. Nelson Lund Nelson Lund is the Patrick Henry Professor of Constitutional Law and the Second Amendment at George Mason University School of Law, where he has served as vice dean and as co-editor of the Supreme Court Economic Review. A graduate of St. John’s College in Annapolis, Md., he holds advanced degrees in philosophy from the Catholic University of America (M.A. 1978) and in political science from Harvard University (A.M. 1979; Ph.D. 1981). He received his law degree in 1985 from the University of Chicago, where he was executive editor of the University of Chicago Law Review and chapter president of the Federalist Society. Lund served as a law clerk for Judge Patrick E. Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and for Justice Sandra Day O’Connor of the U.S. Supreme Court. In addition to experience in the U.S. Department of Justice at the Office of the Solicitor General and at the Office of Legal Counsel, Lund served in the White House as associate counsel to the president from 1989 to 1992. Lund has written on a variety of subjects, including constitutional interpretation, federalism, separation of powers, jurisprudence, federal election law, the Commerce Clause, the Speech or Debate Clause, the Second Amendment, the Uniformity Clause, employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and to legal ethics. G. Edward White G. Edward White joined the Virginia law faculty in 1972 after a clerkship with Chief Justice Earl Warren of the U.S. Supreme Court and a year as 11 visiting scholar at the American Bar Foundation. He was appointed the John B. Minor Professor of Law and History in 1987, and held that chair until 2003, when he became the David and Mary Harrison Distinguished Professor of Law. In 1992, he was appointed to a University Professorship, which he held until 2003. From 1990-92 and from 2001-03, he was the Sullivan & Cromwell Research Professor; from 1994-97 the E. James Kelly Research Professor; and from 1999-2001 the Class of 1963 Research Professor. He has held visiting appointments at New York Law School, William & Mary School of Law, Brooklyn Law School, Arizona College of Law, the London School of Economics and Political Science, and Harvard Law School. He has been a Guggenheim Fellow and twice a senior fellow of the National Endowment for the Humanities. He is a fellow of the American Academy of Arts & Sciences, a fellow of the Society of American Historians, and a member of the American Law Institute. He received the Roger and Madeleine Traynor Faculty Achievement Award in 2008. White’s 14 published books have won numerous honors and awards. These include final listing for the Pulitzer Prize in history, the Silver Gavel Award from the American Bar Association, the James Willard Hurst Prize from the Law & Society Association, the Littleton-Griswold Prize from the American Historical Association, the Scribes Award and the Association of American Law Schools’ Triennial Coif Award. White was editor of the Studies in Legal History series for the North Carolina Press from 1980-85, and advisor on law manuscripts for Oxford University Press from 1986-96. He was on the editorial board of the Virginia Quarterly Review from 19802002. He has served on the Commission for Undergraduate Education in Law and the Humanities, and has taught summer humanities seminars for lawyers and judges under the auspices of the National Endowment for the Humanities. Judge J. Harvie Wilkinson III 12 J. Harvie Wilkinson graduated from Yale University in 1967 and received his law degree from the University of Virginia in 1972. He began his law career in 1972 as a clerk for U.S. Supreme Court Justice Lewis F. Powell. Wilkinson was a law professor at the University of Virginia from 1973-78, 1981-82 and 1983-84. In 1978, he became editor of the Norfolk Virginian-Pilot. In 1982, he became deputy assistant attorney general in the Civil Rights Division of the Department of Justice. He was appointed circuit judge for the U.S. Court of Appeals for the Fourth Circuit in 1984, and was the circuit’s chief judge from 1996-2003. From 1992-96, Wilkinson served on the Board of the Federal Judicial Center, and in 2003 he was appointed to the Board of the James Madison Memorial Fellowship Foundation. In 2004, he was awarded the Thomas Jefferson Medal by the University of Virginia and the Thomas Jefferson Foundation. This award is the highest outside award offered by the University, which grants no honorary degrees. In 2008, he was awarded The Lawrenceville Medal, the highest award given by The Lawrenceville School. He is a member of the American Law Institute, and he was selected in 2009 as a Fellow of the American Academy of Arts and Sciences. Wilkinson holds honorary J.D.s from the University of Richmond and the University of South Carolina, and an honorary LL.D. from Christopher Newport University. He is also the author of several books: “Harry Byrd and the Changing Face of Virginia Politics” (University of Virginia Press, 1968), “Serving Justice: A Supreme Court Clerk’s View” (Charterhouse 1974), “From Brown to Bakke: The Supreme Court and School Integration” (Oxford University Press, 1979), and “One Nation Indivisible: How Ethnic Separatism Threatens America” (Addison Wesley/now Perseus, 1997). Wilkinson lives in Charlottesville, Va. He and his wife, Lossie, have two children, Nelson and Porter. and constitutional law. Adler is the author or editor of four books on environmental policy and his articles have appeared in publications ranging from the Harvard Environmental Law Review and Supreme Court Economic Review to the Wall Street Journal and The Washington Post. Adler is a contributing editor to National Review Online and a regular contributor to the popular legal blog, The Volokh Conspiracy. In 2004, Adler received the Paul M. Bator Award, given annually by the Federalist Society for Law and Policy Studies to an academic under 40 for excellence in teaching, scholarship and commitment to students. In 2007, the Case Western Reserve University Law Alumni Association awarded Adler their annual Distinguished Teacher Award. Adler has appeared on numerous radio and television programs, ranging from “Newshour with Jim Lehrer” and NPR’s “Talk of the Nation” to “The O’Reilly Factor” and “Entertainment Tonight.” Prior to joining the faculty at Case Western, Adler clerked for Judge David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit and was director of environmental studies at the Competitive Enterprise Institute. He holds a B.A., magna cum laude, from Yale University and a J.D., summa cum laude, from the George Mason University School of Law. Panel II: Federalism and Interstate Competition Saturday, 9 a.m., Caplin Auditorium Jonathan Adler Jonathan H. Adler is a professor of law and director of the Center for Business Law & Regulation at the Case Western Reserve University School of Law, where he teaches courses in environmental, administrative 13 Clayton Gillette Professor Clayton Gillette joined the New York University School of Law faculty in 2000. For the prior eight years, he was the Perre Bowen Professor of Law at the University of Virginia School of Law. Gillette began his teaching career at Boston University, where he served as the Warren Scholar in Municipal Law and associate dean, and has been a visiting professor at the University of Michigan and the University of Virginia as well as at NYU School of Law. Gillette earned his J.D. from the University of Michigan in 1975 and a B.A. from Amherst College in 1972. After law school, he clerked for Judge J. Edward Lumbard of the U.S. Court of Appeals for the Second Circuit, and was associated with Cleary, Gottlieb, Steen and Hamilton in New York City. Gillette’s scholarship concentrates on commercial law and local government law. He is the author of casebooks on “Local Government Law” (with Lynn Baker) and “Payment Systems and Credit Instruments” (with Alan Schwartz and Robert Scott), and a textbook, “Municipal Debt Finance Law” (with Robert S. Amdursky). Gillette’s numerous articles include studies of long-term commercial contracts, initiatives, relations between localities and their neighbors, privatization of municipal services and judicial construction of contracts governing homeowners’ associations. He has also served as the reporter for the ABA Intersectional Task Force on Initiatives and Referenda and has consulted in litigation ranging from the Agent Orange Products Liability Litigation to the default on municipal bonds by Orange County, Calif., and the Washington Public Power Supply System. 14 John McGinnis Professor John O. McGinnis is a graduate of Harvard College and Harvard Law School, where he was an editor of the Harvard Law Review. He also has an M.A. from Balliol College, Oxford, in philosophy and theology. McGinnis clerked on the U.S. Court of Appeals for the District of Columbia Circuit. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. McGinnis is a scholar in both the areas of constitutional and international law. The Office of the U.S. Trade Representatives has added him to the roster of Americans who can be appointed as panelists to resolve World Trade Organization disputes. He is a past winner of the Paul Bator award, given by the Federalist Society to an outstanding academic under 40. Judge William H. Pryor Jr. William H. Pryor Jr. is a judge of the U.S. Court of Appeals for the 11th Circuit. Initially appointed by President George W. Bush in 2004, during a Senate recess, Pryor’s appointment was confirmed by the Senate in 2005. Pryor served as attorney general of Alabama from 1997 to 2004. When first appointed, he was the youngest attorney general in the nation. He was later elected and re-elected to that office in 1998 and 2002. Pryor is a graduate, magna cum laude, of Tulane Law School, where he was editor in chief of the Tulane Law Review, member of the Order of the Coif and recipient of the George Dewey Nelson Memorial Award. After graduation, Pryor served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit. Following his judicial clerkship, Pryor engaged in a private practice of litigation in Birmingham, Ala., and for six years served as an adjunct professor of admiralty law at the Cumberland School of Law of Samford University. Since 2006, Pryor has served as a visiting professor of federal jurisdiction at the University of Alabama School of Law. Pryor is a member of the American Law Institute and the Board of Advisory Editors of the Tulane Law Review. He is a fellow of the Alabama Law Foundation, vice president of the Alabama Center for Law & Civic Education, and a former chairman of the Federalism and Separation of Powers Practice Group of the Federalist Society. In 2002-03, Pryor served as a member of the State and Local Senior Advisory Committee of the White House Office on Homeland Security. Pryor has been awarded honorary doctorates of law from John Marshall Law School in Atlanta and Regent University in Virginia. Pryor has lectured and published widely including the Columbia and Virginia law reviews, the Harvard Journal of Law & Public Policy and the Yale Law & Policy Review. He has delivered lectures at the Ronald Reagan Presidential Library and several law schools and universities. He has published op-eds in the Wall Street Journal, the New York Times, the Washington Times and USA Today. He has testified before committees of the U.S. Senate on capital punishment, environmental law and the role of the judiciary. Pryor is married with two children. Louis Michael Seidman After graduating from Harvard Law School in 1971, Professor Louis Michael Seidman served as a law clerk for Judge J. Skelly Wright of the U.S. Circuit Court of Appeals for the District of Columbia Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Georgetown University Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is co-author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law. His most recent books are “Silence and Freedom” (Stanford, 2007), “Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review” (Yale, 2001) and “Equal Protection of the Laws” (Foundation, 2002). Speech: The U.S. Financial Crisis: Causes and Consequences Saturday, 11 a.m., Caplin Auditorium John Allison John A. Allison is the retired chairman and CEO of BB&T Corporation, the 10th-largest financial services holding company headquartered in the U.S. Allison began his service with BB&T in 1971 and managed a wide variety of responsibilities throughout the bank. He became president of BB&T in 1987 and was elected chairman and CEO in July 1989. During Allison’s tenure as CEO from 1989 to 2008, BB&T grew from $4.5 billion to $152 billion in assets. In March 2009, he joined the faculty of Wake Forest University School of Business as a Distinguished Professor of Practice. Allison is a Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill, where he received a B.S. in business administration (1971). He received his master’s degree in management from Duke University (1974). He is also a graduate of the Stonier Graduate School of Banking and has received honorary doctorate degrees from 15 Clemson University, East Carolina University, Mount Olive College, Marymount University, Mercer University and Universidad Francisco Marroquin (Guatemala). Allison received the Corning Award for Distinguished Leadership, was inducted into the North Carolina Business Hall of Fame and received the Lifetime Achievement Award from the American Banker in 2009. He was recognized by the Harvard Business Review as one of the top-100 most successful CEOs in the world over the last decade. He serves on the Wake Forest University Schools of Business Board of Visitors, Wake Forest University Baptist Medical Center Board of Visitors, the Board of Visitors at the Fuqua School of Business at Duke University and the Kenan-Flagler Business School at UNC-Chapel Hill. He is also a member of the boards of directors of the Independent College Fund and the Global TransPark Foundation. A native of Charlotte, N.C., Allison is married to the former Elizabeth McDonald of Elkin, N.C. They have two sons and one daughter. Howard Husock Howard Husock is vice president for policy research at the Manhattan Institute, whose Center for the American University’s Capitalism Project is seeking to encourage and improve instruction in political economy at American universities and law schools. Its work has included the October 2010 conference, “Capitalism on Campus: What are Students Learning? What Should They Know?” Husock has written extensively on a variety of public policy matters, including housing policy (such as “The Trillion Dollar Housing Policy Mistake: The Failure of American Housing Policy,” 2003) and on the role of nonprofit organizations and philanthropy in American life. His writing has appeared in the Wall Street Journal, the New York Times, the Public Interest and National Affairs. From 1987-2006, he served as director of case studies in public policy and management at the Harvard Kennedy School of Government. Panel III: The Welfare State and American Exceptionalism Saturday, 2 p.m., Caplin Auditorium Judge Brett Kavanaugh Judge Brett Kavanaugh was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in 2006. Kavanaugh graduated from Yale College in 1987 and from Yale Law School in 1990. He served as a law clerk to Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit and Judge Alex Kozinski of the U.S. Court of Appeals 16 for the Ninth Circuit. In 1992-93, Kavanaugh worked as an attorney in the Office of the Solicitor General of the United States. During October Term 1993, he served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court. From 1994-97 and for a period in 1998, Kavanaugh was associate counsel in the Office of Independent Counsel Kenneth W. Starr. Kavanaugh was a partner at Kirkland & Ellis in Washington, D.C., from 1997-98 and again from 1999-2001. From 2001-03, he served as associate counsel and then as senior associate counsel to President George W. Bush. From July 2003 until his appointment to the court in 2006, he was assistant to the president and staff secretary to President Bush. Since joining the court, Kavanaugh has taught full-term courses on separation of powers at Harvard Law School and on constitutional interpretation at Georgetown University Law Center. William P. Marshall William (Bill) Marshall is currently the Kenan Professor of Law at the University of North Carolina. Marshall was deputy White House counsel and deputy assistant to the president of the United States during the Clinton administration and also served as the solicitor general of Ohio. Marshall has published extensively on First Amendment, federal courts and presidential powers issues and is also a leading expert on judicial selection matters. He teaches media law, civil procedure, constitutional law, First Amendment, federal courts, church-state, and the law of the presidency. Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. He is a native of Nashua, N.H. Jeremy Rabkin Jeremy Rabkin is a professor of law at George Mason University School of Law. Before joining the faculty in June 2007, he was a professor of government at Cornell University for 27 years. Rabkin is a renowned scholar in international law and was recently confirmed by the U.S. Senate as a member of the board of directors of the U.S. Institute of Peace. He holds a Ph.D. from the Department of Government at Harvard University and graduated summa cum laude with a B.A. from Cornell University. His full-length books include “Law Without Nations?” (Princeton University Press, 2005), “The Case for Sovereignty” (AEI Press, 2004), “Why Sovereignty Matters” (AEI Press, 1998), and “Judicial Compulsions, How Public Law Distorts Public Policy” (Basic Books, 1989). He also co-edited (with L. Gordon Crovitz) “The Fettered Presidency, Legal Limitations and the Conditions of Responsible Policymaking” (AEI Press 1989). Rabkin also has written numerous chapters in edited books, articles in academic journals and essays. He received recognition as “Best Professor” in a 2002 Readers Poll of the Ithaca Times. In addition to international law, Rabkin has a particular interest in national security law and early constitutional history. He teaches George Mason Law’s unique course Constitutional Law: The Founding, as well as international law. 17 Neomi Rao George Mason University School of Law assistant professor of law Neomi Rao teaches constitutional law, comparative constitutional law and legislation. Her main research interests are in comparative constitutional law and jurisprudence. Prior to joining George Mason in 2006, Rao served as associate counsel and special assistant to President George W. Bush. Rao also served as counsel to the U.S. Senate Committee on the Judiciary, where she was responsible for judicial nominations and constitutional law issues. In between government service, Rao practiced in the London office of Clifford Chance, specializing in public international law and commercial arbitration. Rao received her J.D. with high honors from the University of Chicago and her B.A. from Yale University. She clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and for Justice Clarence Thomas of the U.S. Supreme Court. Rao is a member of the Virginia State Bar and a qualified solicitor of England and Wales. Rao testified before the Senate Judiciary Committee on the Nomination of Justice Sonia Sotomayor and is a regular commentator in print and broadcast media. 18 Panel IV: Economic Uncertainty and the Role of the Courts Saturday, 4 p.m., Caplin Auditorium Paul G. Mahoney Paul G. Mahoney became dean of the University of Virginia School of Law in July 2008. He is a David and Mary Harrison Distinguished Professor and the Arnold H. Leon Professor of Law. Mahoney’s teaching and research areas are securities regulation, law and economic development, corporate finance, financial derivatives and contracts. He has published widely in law reviews and peer-reviewed finance and law and economics journals. Mahoney joined the Law School faculty in 1990 after practicing with the New York firm Sullivan & Cromwell and clerking for Judge Ralph K. Winter, Jr. of the U.S. Court of Appeals for the Second Circuit and Justice Thurgood Marshall of the U.S. Supreme Court. He served as academic associate dean at the Law School from 1999 to 2004 and has held the Albert C. BeVier Research Chair and the Brokaw Chair in Corporate Law. He has been a visiting professor at the University of Chicago Law School, the University of Southern California Law School and the University of Toronto Faculty of Law. He has also worked on legal reform projects in Kazakhstan, Kyrgyzstan, Mongolia and Nepal. Mahoney is a member of the Council on Foreign Relations and served as an associate editor of the Journal of Economic Perspectives from 2004 to 2007 and as a director of the American Law and Economics Association from 2002 to 2004. He is a past recipient of the All-University Outstanding Teacher Award and the Law School’s Traynor Award for excellence in faculty scholarship. Paul Stephan An expert on international business and Soviet and post-Soviet legal systems, Paul Stephan has advised governments and international organizations, organized conferences, edited books and lectured to professionals, university groups and high school students on a variety of issues raised by the globalization of the world economy and the transition away from Soviet-style socialism. During 2006-07, he served as counselor on international law in the U.S. Department of State. Other interests for Stephan, who joined the Virginia Law School faculty in 1979, include international law, taxation and constitutional law. In law school, Stephan was executive editor of the Virginia Law Review and a member of the Order of the Coif. During the two-year period between his graduation and return as a professor, he clerked for Judge Levin Campbell of the U.S. Court of Appeals for the First Circuit and for U.S. Supreme Court Justice Lewis F. Powell Jr. He has taught at the University of Vienna, Münster University, Lausanne University, Melbourne University, University of Pantheon-Assas and at Sciences Po, in Paris, at the Interdisciplinary Centre, Herzliya and at Sydney University. Since the collapse of the Soviet Union, Stephan has worked on a variety of projects involving law reform in former socialist states. He has worked in Russia, Georgia, Ukraine, Albania and Slovakia on behalf of the U.S. Treasury and in Kazakhstan and Azerbaijan on behalf of the International Monetary Fund. He also has organized training programs for tax administrators and judges from all of the formerly socialist countries under the auspices of the Organization for Economic Cooperation and Development. His casebook on international business is used at law schools both in the U.S. and abroad. He has written extensively on international law, cor- ruption and the history of the Cold War. Most recently, he is the co-author, with Robert Scott, of “The Limits of Leviathan: Contract Theory and the Enforcement of International Law” (Cambridge University Press, 2006). His current research interests include books on the political economy of international lawmaking and on the collapse of communism. Judge Diane Sykes Judge Diane Sykes was nominated by President George W. Bush to the U.S. Court of Appeals for the Seventh Circuit. She was confirmed by the U.S. Senate on June 24, 2004, received her commission on July 1 and entered upon duty on July 4. Prior to her appointment to the federal bench, Sykes served as a justice of the Wisconsin Supreme Court. She was appointed to the Supreme Court in 1999 by then-Gov. Tommy G. Thompson and elected to a 10-year term in April 2000. Born and raised in the Milwaukee area, Sykes received a bachelor’s degree from the Medill School of Journalism at Northwestern University in 1980 and a J.D. from Marquette University Law School in 1984. Between college and law school, Sykes worked as a reporter for The Milwaukee Journal. Sykes was elected to the bench in Milwaukee County in 1992 and served there in the misdemeanor, felony and civil divisions until her appointment to the Wisconsin Supreme Court in September 1999. Prior to her election to the Milwaukee County Circuit Court, Sykes practiced law with the Milwaukee law firm of Whyte & Hirschboeck, S.C., and served as law clerk to Judge Terence T. Evans. Sykes is the mother of two sons. 19 Todd Zywicki Todd Zywicki is the George Mason University Foundation Professor of Law at George Mason University School of Law and a senior scholar of the Mercatus Center at George Mason. He is also co-editor of the Supreme Court Economic Review. From 2003-04, Zywicki served as the director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School and Mississippi College School of Law. Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and a John M. Olin Scholar in Law and Economics. Zywicki also received an M.A. in economics from Clemson University and an A.B., cum laude, with high honors in his major from Dartmouth College. Zywicki is also a senior fellow of the James Buchanan Center Program on Politics, Philosophy, and Economics at George Mason University; a senior fellow of the Goldwater Institute; and a fellow of the International Centre for Economic Research in Turin, Italy. During the fall 2008 semester Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan and Guatemala. In 2006 Zywicki served as a member of the U.S. Department of Justice study group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.” 20 Zywicki is the author of more than 70 articles in leading law reviews and peerreviewed economics journals. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network, both all time and during the past 12 months. He served as the editor of the Supreme Court Economic Review from 2001-02. He has testified several times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media. He is a contributor to the popular legal weblog The Volokh Conspiracy and The Atlantic Business Channel of The Atlantic magazine. Zywicki is a member of the board of directors of the Bill of Rights Institute, the governing board and the advisory council for the Financial Services Research Program at George Washington University School of Business, the executive committee for the Federalist Society’s Financial Institutions and E-Commerce Practice Group, the advisory council of the Competitive Enterprise Institute, and the program advisory board of the Foundation for Research on Economics and the Environment. He is currently the chair of the academic advisory councils of the Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation Freedom Museum in Chicago. Since 2009 he has been a member of the board of trustees of Yorktown University. From 200509 he served as an elected alumni trustee of the Dartmouth College Board of Trustees. Banquet and Keynote Speech Saturday, 7 p.m., Boar’s Head Inn Justice Clarence Thomas Clarence Thomas was born in the Pin Point community of Georgia near Savannah on June 23, 1948. He married Virginia Lamp in 1987 and has one child, Jamal Adeen, by a previous marriage. He attended Conception Seminary and received an A.B., cum laude, from Holy Cross College, and a J.D. from Yale Law School in 1974. He was admitted to law practice in Missouri in 1974, and served as an assistant attorney general of Missouri from 1974–77, an attorney with the Monsanto Company from 1977–79, and legislative assistant to Sen. John Danforth from 1979–81. From 1981–82, he served as assistant secretary for civil rights in the U.S. Department of Education, and as chairman of the U.S. Equal Employment Opportunity Commission from 1982–90. He became a judge of the U.S. Court of Appeals for the District of Columbia Circuit in 1990. President George H.W. Bush nominated him as an associate justice of the Supreme Court, and he took his seat on Oct. 23, 1991. 21 The Federalist Society for Law & Public Policy Studies Founding Directors Hon. E. Spencer Abraham Steven G. Calabresi Hon. David M. McIntosh Lee Liberman Otis Directors/Officers Steven G. Calabresi, Chairman Hon. David M. McIntosh, Vice Chairman Gary Lawson, Secretary Brent O. Hatch, Treasurer Eugene B. Meyer, President ... Hon. T. Kenneth Cribb, Jr., Counselor board of visitors Hon. Robert H. Bork, Co-Chairman Hon. Orrin G. Hatch, Co-Chairman Lillian BeVier Hon. Elaine L. Chao Christopher DeMuth Hon. C. Boyden Gray Hon. Lois Haight Herrington Hon. Donald Paul Hodel Hon. Frank Keating II Harvey C. Koch Robert A. Levy Hon. Edwin Meese III Hon. Michael B. Mukasey Hon. Gale Norton Hon. Theodore B. Olson Andrew J. Redleaf Hon. Wm. Bradford Reynolds Nicholas Quinn Rosenkranz Hon. Gerald Walpin 22 Federalist Society staff Eugene B. Meyer Leonard A. Leo Lee Liberman Otis President Executive Vice President Senior Vice President and Director, Faculty Division Student Division Lawyers Division Faculty Division Peter Redpath Dean Reuter Anthony Deardurff Vice President and Director Vice President and Director, Practice Groups Deputy Director Deputy Director Lisa Budzynski Ezell Associate Director Kate Beer Alcantara Vice President and Director, Lawyers Chapters Development Daniel Suhr Barrett Young Associate Director Juli Nix Alexandra Bruce Assistant Director Administration and Support Staff Deputy Director Ken Wiltberger Assistant Director Deputy Director of International Affairs Douglas C. Ubben Vice President and Director, Finance Emily Kuebler Deputy Director of Practice Groups David C.F. Ray Associate Director Sophia Mason Independent Contractors James P. Kelly III Director of International Affairs C. David Smith Allison Aldrich Vice President and Director, Information Technology Associate Director Peggy Little Hannah De Guzman Director of the Pro Bono Center Paul Zimmerman Assistant Director Director of Publications Thomas Kraemer Matthew Daniel Assistant Director Director of Membership Kendra Kocovsky Alumni Director Rhonda Moaland Office Manager Matt Nix Assistant Office Manager State Courts Jonathan Bunch Vice President and Director Maureen Wagner Deputy Director 23 UVA Law School Federalist Society Symposium Committee Alexander Cox, Symposium Chair Brinton Lucas, Symposium Vice Chair Vladimir Shklovsky, Symposium Vice Chair Speakers and Panels Vice Chairs Joseph Clark, Joseph D’Agostino, Devin DeBacker, Matthew Glover and Lauren Prieb Laura Jenkins, Events and Facilities Chair Events and Facilities Vice Chairs Stacy Chung, Sarah Cummings and Jessica Garcia Ashlee Sawyer, Public Relations Chair Sean Twomey, Finance and Registration Chair Brian Polley, Finance and Registration Vice Chair Peter Trentman, Travel and Accommodations Chair Andrew Head, Travel and Accommodations Vice Chair 24 UVA Law School Federalist Society Chapter Board Ben Massey, President Allison Harnack, Executive Vice President Chris Schandevel, Vice President for Speakers Kim Paschall, Vice President for Special Events David Merritt, Vice President for Administration Amber Williams, Vice President for Communications Milad Emam, Vice President for Professional Development Greg Heinen, 1L Committee Chair Matthew Glover, 1L Committee Vice Chair 1L Committee David Colquitt, Jessica Jones, Alex Royal, Garrick Smith, William Stephenson, Jonathan Urick and Annie Wang 25 sponsors The UVA Law School Chapter of the Federalist Society would like to thank the following sponsors for their generous support of the 2011 Student Symposium Symposium Sponsors Holman Supporting Foundation The Jefferson Trust, An Initiative of the UVA Alumni Association Richard and Helen DeVos Foundation SPONSORING LAW FIRM Gibson, Dunn & Crutcher LLP GOLD SPONSOR Sullivan & Cromwell LLP silver SPONSORS Alston & Bird LLP King & Spalding LLP Bartlit Beck Herman Palenchar & Scott LLP Kirkland & Ellis LLP Bracewell & Giuliani LLP Mayer Brown LLP Cooper & Kirk, PLLC McCarter & English, LLP Debevoise & Plimpton LLP Ogletree Deakins DLA Piper Patton Boggs LLP Goodwin Procter LLP Paul, Hastings, Janofsky & Walker LLP Greenberg Traurig LLP Sidley Austin LLP Hogan Lovells US LLP White & Case LLP Hollingsworth LLP Wiley Rein LLP Hunton & Williams LLP Partners of Willkie Farr & Gallagher LLP Jones Day WilmerHale bronze SPONSORS Brownstein Hyatt Farber Schreck, LLP Dechert LLP Covington & Burling LLP Steptoe & Johnson LLP Wilson Sonsini Goodrich & Rosati 26 Connect with the Federalist Society This symposium is part of a larger effort by the Federalist Society to educate lawyers, law students and the general public about the important role of law in our society. The discussion of the ideas you heard this weekend will continue at our chapters, in our journals and on our website. We invite you to connect with us to continue the conversation. www.fed-soc.org Find your local student chapter Calendar with local and national events Podcasts Policy briefing papers Publications Debates Facebook.com/Federalist.Society Twitter.com/fedsoc YouTube.com/TheFederalistSociety (888) 489-8138 [email protected] 27 schedule Friday, Feb. 25, 2011 3:30 p.m. Saturday, Feb. 26, 2011 8 a.m. University of Virginia School of Law, University of Virginia School of Law, Caplin Auditorium Lobby Caplin Auditorium Lobby 6:15 p.m. 9 a.m. Registration Continental Breakfast Panel II: Federalism and Welcome and Opening Remarks Interstate Competition University of Virginia School of Law, Caplin Auditorium University of Virginia School of Law, Caplin Auditorium 6:30 p.m. 11 a.m. Debate: Economic Freedoms and the Constitution SPEECH: The U.S. Financial Crisis: Causes and Consequences University of Virginia School of Law, Caplin Auditorium University of Virginia School of Law, Caplin Auditorium 8 p.m. 12:30 p.m. lunch Panel I: Economic Theory, Civic Virtue and the Meaning of the Constitution University of Virginia School of Law, Caplin Auditorium 9:45 p.m. Cocktail Reception University of Virginia School of Law, Withers-Brown Hall 2 p.m. Panel III: The Welfare State and American Exceptionalism University of Virginia School of Law, Caplin Auditorium University of Virginia School of Law, Caplin Pavilion 4 p.m. Panel IV: Economic Uncertainty and the Role of the Courts SCOTT COMMONS CAPLIN PAVILION 6 p.m. Cocktail Reception CAPLIN AUDITORIUM CLAY HALL MAIN ENTRANCE MAP IS NOT TO SCALE Boar’s Head Inn SIDE ENTRANCE SIDE ENTRANCE SPIES GARDEN WITHERS-BROWN HALL SLAUGHTER HALL University of Virginia School of Law, Caplin Auditorium 7 p.m. Banquet and Keynote Speech Boar’s Head Inn