Professional Responsibility & Legal Education

James Madison by Richard Brookhiser - Podcast

Tue, 01 May 2012 00:00:00 EST

Richard Brookhiser's book examines the life of America's fourth President, James Madison, including his role in advising Thomas Jefferson, his relationships with various Founding Fathers, including George Washington, John Adams, Thomas Jefferson, and Alexander Hamilton. Featuring Mr. Richard Brookhiser, Author of James Madison and Columnist for American History and National Review Magazines, and Mr. James A. Haynes of the Federalist Society's Professional Responsibility & Legal Education Practice Group Executive Committee and Baltimore Lawyers Chapter. [Listen now!]

Keynes vs. Hayek: The Clash that Defined Modern Economics - Podcast

Tue, 07 Feb 2012 00:00:00 EST

Nicholas Wapshott, James A. Haynes

Nicholas Wapshott's book examines the vastly divergent economic philosophies of John Maynard Keynes and Friedrich von Hayek. Messrs. Keynes and Hayek studied the normal course of the capitalist business cycle, especially after World War I, but reached radically different opinions about the role governments should play in regulating and ameliorating the effects of the business cycle. These two gentlemen, two of the most influential economic thinkers of the 20th Century, participated in on-going debates about the respective merits of their own philosophies and the demerits of the other's philosophies. Mr. Wapshott examines these debates and expounds on them in this podcast. Featuring Mr. Nicholas Wapshott, Author of Keynes vs. Hayek: The Clash that Defined Modern Economics, and Mr. James A. Haynes of the Professional Responsibility & Legal Education Practice Group Executive Committee and the Baltimore Lawyers Chapter.

Judicial Ethics - Event Audio/Video

Fri, 06 Jan 2012 00:00:00 EST

Charles Gardner Geyh, Stephen Gillers, A. Raymond Randolph, Ronald Rotunda, Deanell Reece Tacha

The Federalist Society's Facutly Division hosted this panel on "Judicial Ethics" on Friday, January 6, 2012, during the 14th Annual Faculty Conference. Speakers included Prof. Charles Geyh of Indiana University Maurer School of Law; Prof. Stephen Gillers of New York University School of Law; The Honorable A. Raymond Randolph of the U.S. Court of Appeals for the District of Columbia Circuit; Prof. Ronald Rotunda of Chapman University School of Law; and The Honorable Deanell Tacha of Pepperdine University School of Law as the moderator.

Law School Accreditation - Event Audio/Video

Thu, 10 Nov 2011 00:00:00 EST

Thomas D. Morgan, Clark Neily, Ann Shalleck, David Yellen, David Stras

The Professional Responsibility & Legal Education Practice Group hosted this panel on "Law School Accreditation" on Thursday, November 10, 2011, during the 2011 National Lawyers Convention. This panel featured Prof. Thomas D. Morgan of The George Washington University Law School; Mr. Clark Neily of the Institute for Justice; Prof. Ann Shalleck, Director of the Women and the Law Program at American University Washington College of Law; Dean David N. Yellen of Loyola University Chicago School of Law; and JusticeDavid R. Stras of the Minnesota Supreme Court.

The Extra-Judicial Activities of Supreme Court Justices: Is Reform Needed? - Event Audio

Wed, 27 Jul 2011 00:00:00 EST

Brian T. Fitzpatrick, Brian J. Paul

On July 27, 2011, the Indianapolis Lawyers Chapter of the Federalist Society hosted an event featuring Prof. Brian T. Fitzpatrick of Vanderbilt University Law School. The topic of Prof. Fitzpatrick's address was "The Extra-Judicial Activities of Supreme Court Justices: Is Reform Needed?" Introduction by Mr. Brian J. Paul of Ice Miller LLP and President of the Indianapolis Lawyers Chapter.

Lawyer Barons: What Their Contingency Fees Really Cost America - Podcast

Thu, 14 Jul 2011 00:00:00 EST

Lester Brickman, Margaret A. Little

In this podcast, Professor Lester Brickman discusses his new book, which is the culmination of his twenty-plus years of research into the impact contingency fees have on our legal system and our political system. Moderated by Margaret A. Little, Director of the The Federalist Society's Pro Bono Center. [Listen now!]

Engage Volume 12, Issue 1, June 2011

Wed, 08 Jun 2011 00:00:00 EST

The June 2011 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

In Defense of Judicial Elections by Chris W. Bonneau & Melinda Gann Hall

Fri, 03 Jun 2011 00:00:00 EST

Francis J. Menton

Alexander Hamilton in Federalist 78 famously called the judiciary the “least dangerous branch” of government. That, of course, was long before judges discovered the power that could be theirs by imparting some meaning to simple phrases like “due process,” “equal protection,” and similar words in the constitutions of the various states...

Extreme Facts, Extraordinary Case: The Sui Generis Recusal Test of Caperton v. Massey

Fri, 03 Jun 2011 00:00:00 EST

James Bopp Jr., Anita Y. Woudenberg

Speech during judicial campaigns and its ramifications on successful candidates’ judicial capacities has become an increasingly important issue in campaign speech regulation. In 2002, the United States Supreme Court recognized that judicial candidates’ right to announce their views during their campaigns was constitutionally protected. This principle has been expanded to include statements of political affiliation, personal solicitation and endorsements. Where such protections have gained less recognition is in the context of recusal. States across the nation have begun to include in their judicial codes the requirement that judges must recuse themselves for statements made during their campaigns that commit or appear to commit on issues likely to come before the court...

Judicial Speech, Judicial Elections, and the Coming Fallout from Caperton v. Massey Coal Company

Fri, 03 Jun 2011 00:00:00 EST

W. William Hodes

As befits a constitutional democracy dedicated to the primacy of the rule of law, the American system of government assigns to the judiciary a more active role in society than in any other county in the history of the world. The legalization of political and policy disputes, both public and private, is a permanent and essential feature of our system...

Schools for Misrule: Legal Academia and an Overlawyered America - Podcast

Mon, 09 May 2011 00:00:00 EST

Walter K. Olson, James A. Haynes

How well do law schools today actually prepare law school students for the practice of law? Can the lineage of some of the most controversial law and policy matters be traced to the legal academic agenda? Does the ideological bent of the legal academy enhance or hinder graduates in the practice of law? Walter Olson of the Cato Institute discusses his latest book on this topic.

DOJ's Ex-Detainee Lawyers: The Ethics Issue

Thu, 23 Dec 2010 00:00:00 EST

Edwin D. Williamson, Richard W. Painter

One neglected issue in the controversy over the revelation that there are at least nine (or ten, if you count Attorney General Eric Holder) Justice Department lawyers who represented, or filed briefs in support of, Guantanamo detainees is whether those lawyers are complying with applicable ethics rules—and whether those rules are being applied evenly.

Judicial Disqualification When a Solicitor General Moves to the Bench

Thu, 23 Dec 2010 00:00:00 EST

Ronald Rotunda

It has been over forty years since a Solicitor General has moved to the High Court. Now that Elena Kagan has followed in Thurgood Marshall’s footsteps—when she moved from standing in front of the bench to sitting behind it—she has to navigate a strict judicial disqualification statute that did not exist in 1967, when Thurgood Marshall (the grandson of a slave) left his position as Solicitor General to become Supreme Court Justice.

Engage Volume 11, Issue 3, December 2010

Thu, 23 Dec 2010 00:00:00 EST

The December 2010 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

The Bloody Crossroads: Republican Party of Minnesota v. White Runs Into Caperton v. Massey - Event Audio/Video

Thu, 18 Nov 2010 00:00:00 EST

James Bopp Jr., Thomas R. Phillips, Patience Drake Roggensack, Clifford W. Taylor, Thomas M. Hardiman

The Federalist Society's Professional Responsibility Practice Group hosted this panel discussion on "The Bloody Crossroads: Republican Party of Minnesota v. White Runs Into Caperton v. Massey" at the 2010 National Lawyers Convention on Thursday, November 18, 2010. Panelists included Mr. James Bopp, Jr., of Bopp, Coleson, and Bostrom and General Counsel for the James Madison Center for Free Speech; Hon. Thomas R. Phillips of Baker Botts LLP and former Chief Justice of the Supreme Court of Texas; Justice Patience Drake Roggensack of the Wisconsin Supreme Court; Hon. Clifford W. Taylor of Ave Maria School of Law and former Chief Justice of the Michigan Supreme Court; and Judge Thomas M. Hardiman of the United States Court of Appeals for the Third Circuit as the moderator.

The Vanishing American Lawyer - Podcast

Mon, 27 Sep 2010 00:00:00 EST

Thomas D. Morgan, Anthony E. Davis, W. William Hodes
Prof. Thomas D. Morgan recently wrote a book, The Vanishing American Lawyer, which examines the future of the legal profession. Our experts discuss the way new technologies, the automation of assorted legal transactions, and the demand for affordable routine legal services are revolutionizing the legal profession.

Engage Volume 11, Issue 2, September 2010

Fri, 10 Sep 2010 00:00:00 EST

The September 2010 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

Should the Public Be Able to Buy Stock in Law Firms?

Tue, 31 Aug 2010 00:00:00 EST

Thomas D. Morgan
The current economic downturn has been a wake-up call for lawyers. A profession that thrived on working by the hour in a market based on closing multiple deals has seen much of that work disappear. Over 4,000 American lawyers, many of them equity partners, were terminated by U.S. law firms last year, while new lawyers often found their lucrative job offers “deferred” to an uncertain future date. It is not hard to finance law firm growth when each new associate a law firm hires can support billings at two or three times what she is paid. It is harder to finance a firm through the inevitable swings of good and not-so-good economic fortune...

We're Not Dead Yet. Book Review: The Vanishing American Lawyer by Thomas D. Morgan

Tue, 31 Aug 2010 00:00:00 EST

Allison R. Hayward
Is the practice of law a profession? For most practicing lawyers, the last time they heard that question was from the podium of their ABA-mandated Professional Responsibility class. But this is but one of many fundamental questions asked by Thomas Morgan, Oppenheim Professor of Antitrust and Trade Regulations at the George Washington University Law School and leading light of legal ethics scholarship. In The Vanishing American Lawyer, Morgan takes a fresh and markedly heterodox posture on questions regarding professionalism, practice, and legal education...

The Politically Correct University - Podcast

Wed, 05 May 2010 00:00:00 EST

Richard E. Redding, Jack J. Park Jr.
Professor Richard E. Redding, Associate Dean for Administration and Professor of Law at Chapman University School of Law, recently edited The Politically Correct University: Problems, Scopes and Reforms with University of Arkansas at Fayetteville Professor Robert Maranto and Frederick M. Hess the American Enterprise Institute. He sat down recently with John J. Park, Jr., Visiting Legal Fellow at the Heritage Foundation and Chairman of the Federalist Society’s Professional Responsibility & Legal Education Practice Group, to discuss the book and related topics.

Lawyers Without Law School Degrees?

Thu, 16 Feb 2012 00:00:00 EST

John O. McGinnis

In many other nations, students learn law as undergraduates and after a brief apprenticeship are able to become practicing lawyers. Should states within the United States offer this option? Would this option reduce legal fees in the long run by reducing the costs of legal education? John O. McGinnis and Russell B. Mangas discussed this issue in a recent oped in the Wall Street Journal. Professor McGinnis will offer a Federalist Society teleforum to continue the debate over this question. After his remarks, he will take questions from the callers.

2010 National Lawyers Convention

Wed, 24 Mar 2010 00:00:00 EST

Barry E. Carter, Maureen K. Ohlhausen, Patrick McSweeney, Antonin Scalia, Dennis G. Jacobs, Marvin Ammori, Paul S. Atkins, John S. Baker, Jr., Randy E. Barnett, Sara Sun Beale, Bradford A. Berenson, Lillian R. BeVier, Carl T. Bogus, James Bopp Jr., Steven G. Calabresi, Michael A. Carvin, Ronald A. Cass, Michael Chertoff, Roger Clegg, Robert D. Cooter, R. Ted Cruz, Frank H. Easterbrook, John C. Eastman, Richard A. Epstein, William N. Eskridge, Jr., David French, Charles Fried, Richard W. Garnett, Michael Gerhardt, C. Boyden Gray, Thomas W. Hazlett, Christine Jolls, Douglas T. Kendall, Lloyd Hitoshi Mayer, Edwin Meese III, Thomas W. Merrill, Paul R. Michel, John O. McGinnis, Barrington D. Parker, Jr., Michael S. Paulsen, Thomas R. Phillips, A. Raymond Randolph, David B. Rivkin, Jr., Mark F. Schultz, Bradley A. Smith, Paul M. Smith, Margaret D. Stock, Thomas J. Tauke, Clifford W. Taylor, Mark Tushnet, Eugene Volokh, Howard Waltzman, Ruth J. Wedgwood, J. Harvie Wilkinson III, Mitch McConnell, Noah D. Bookbinder, Lawrence A. Hamermesh, Brett M. Frischmann, Gigi B. Sohn, Kris W. Kobach, James C. Ho, William H. Pryor Jr., Joel R. Reidenberg, Diane S. Sykes, Jeffrey Bossert Clark, Kenneth T. Cuccinelli, Edith H. Jones, Ronald M. Levin, Victoria A. Lipnic, Roger Martella Jr., Diarmuid F. O'Scannlain, Roger Pilon, Rena I. Steinzor, Sarah B. Teslik, Peter J. Wallison, Arthur E. Wilmarth, John C. Yoo, Michael Barone, Michael S. Lee, Michael J. Madigan, Lanny J. Davis, Brett M. Kavanaugh, Jan Crawford, Carlos T. Bea, Kim Bobo, Shawn H. Chang, Thomas M. Hardiman, Jordan Lorence, Jeffrey P. Mahoney, Robert M. McDowell, Margaret E. McGuinness, Brandon Rees, David B. Sentelle, Jerry E. Smith, David Stras, Jeffrey S. Sutton, C. Gibson Vance, Pete Williams, Michael R. Pence, Daniel E. Lungren, Jeffrey Rosen

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 18 through Saturday, November 20 at the Mayflower Hotel. The theme for this year's convention is "Controlling Government: The Framers, the Tea Parties and the Constitution." The Annual Dinner will take place the evening of Thursday, November 18 at the Omni Shoreham Hotel. [Register now!]

2009 National Lawyers Convention

Thu, 30 Apr 2009 00:00:00 EST

Samuel A. Alito, Douglas H. Ginsburg, Guido Calabresi, Frank H. Easterbrook, Jefferson B. Sessions III, Paul S. Atkins, Randy E. Barnett, Janice Rogers Brown, Linda Chavez, Mariano-Florentino (Tino) Cu�llar, Susan E. Dudley, Miguel Estrada, Richard A. Epstein, Steve Forbes, Maurice R. Greenberg, Michael S. Greve, Oona Hathaway, Peter N. Kirsanow, David G. Leitch, Michael W. McConnell, Burt Neuborne, Jeremy A. Rabkin, A. Raymond Randolph, Theodore M. Shaw, Stephen Bainbridge, Carlos T. Bea, Stephanie R. Breslow, Fran�ois-Henri Briard, Alan E. Brownstein, Ronald A. Cass, John C. Eastman, C. Boyden Gray, Lisa Heinzerling, Edith H. Jones, David A. Katz, Brett M. Kavanaugh, F. Scott Kieff, Michael Livermore, Ira C. "Chip" Lupu, Paul G. Mahoney, Robert D. McTeer, Michael J. Meurer, Geoffrey P. Miller, Alan B. Morrison, Diarmuid F. O'Scannlain, Michael Paese, Harvey L. Pitt, William H. Pryor Jr., Lucas "Scot" A. Powe Jr., Jamin Ben Raskin, Daniel B. Ravicher, Andrew J. Redleaf, Roberta Romano, David B. Sentelle, Catherine M. Sharkey, Amity Shlaes, Damon A. Silvers, Jerry E. Smith, Gigi B. Sohn, Ilya Somin, Bret Stephens, Jeffrey S. Sutton, Diane S. Sykes, Daniel E. Troy, J.W. Verret, Steven M.H. Wallman, John P. Walters, W. Bradley Wendel, Shirley J. Wilcher, J. Harvie Wilkinson III, Stephen F. Williams, Todd J. Zywicki, John A. Allison, John S. Baker, Jr., Jennifer Walker Elrod, Malcolm M. Feeley, Thomas W. Hazlett, Roderick M. Hills Jr., Brian H. Hook, Daryl Joseffer, Annette L. Nazareth, Aryeh Neier, Jed Rubenfeld, Robert P. Young, Jr., David Zaring, Mark R. Levin, Thomas M. Hardiman, John F. Manning, William Black, Cornish F. Hitchcock, Steven J. Law, Harold Meyerson, Alex J. Pollock, Andrew L. Stern, Michael B. Mukasey, David Berenbaum, Robert M. McDowell, Mark F. Schultz, David M. McIntosh, Kyle E. McSlarrow, Seton Motley, Laura M. Olson, Marvin Ammori

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 12 through Saturday, November 14 at the Mayflower Hotel. The theme for this year's convention is "The Federal Government's Economic Role in our Constitutional System." The Annual Dinner will take place the evening of Thursday, November 12 at the Omni Shoreham Hotel. [Register now!]

Judicial Confirmations

Mon, 14 Jan 2008 00:00:00 EST

Arlen Specter, Michael Gerhardt, Simon Heller, Michael B. Wallace, M. Edward Whelan III, David G. Savage Senator Arlen Specter and a panel of experts will examine the state of the judicial nomination and confirmation process. How does the pace of confirmations measure up to previous, similarly-situated administrations and Congresses? Has the administration been sufficiently attentive to the issue of nominations? Has the Senate been remiss in its duty to hold hearings and votes? What can be expected for the balance of the President's term; is the Senate entitled to effectively foreclose action on pending nominees at some point in anticipation of a Presidential election?

2007 National Lawyers Convention

Fri, 16 Mar 2007 00:00:00 EST

Samuel A. Alito, Randy E. Barnett, Robert H. Bork, Frank H. Easterbrook, Richard A. Epstein, Charles Fried, Jamie Gorelick, Gail Heriot, Neal K. Katyal, Alex Kozinski, Andrew C. McCarthy, Michael W. McConnell, Edwin Meese III, Theodore B. Olson, Walter K. Olson, Stephen Reinhardt, John G. Roberts Jr., Antonin Scalia, Phyllis Schlafly, Jay Alan Sekulow, Nadine Strossen, George J. Terwilliger III, David C. Vladeck, Eugene Volokh, Akhil Reed Amar, Robert Audi, John S. Baker, Jr., Michael Barone, Bob Barr, Carlos T. Bea, Fran�ois-Henri Briard, Janice Rogers Brown, James S. Burling, Steven G. Calabresi, Lawrence W. Casey, Ronald A. Cass, Brett M. Kavanaugh This year marks the 25th Anniversary of the Federalist Society and on November 15-17 we will be celebrating this milestone during our Annual National Lawyers Convention. The theme for this year's convention is "Shining City Upon a Hill: American Exceptionalism." In addition to the numerous panels containing noted legal experts and scholars from across the political spectrum, The convention will also feature the Seventh Annual Barbara K. Olson Memorial Lecture, to be delivered by Chief Justice John Roberts. The highlight of the convention will be the 25th Anniversary Gala, attended by many more special guests, which will be held in the Main Hall of Washington, DC's Union Station.
[Register now!]

How Should the Courts Interpret Split Decisions?

Tue, 19 Jun 2007 00:00:00 EST

The Supreme Court occasionally renders plurality opinions, which may involve 4-1-4 decisions or any number of other formulations of justices where no clear majority on particular issues emerges. These plurality opinions often address significant issues yet, due to the lack of a clear majority, are difficult for the lower courts, the regulated community, and practitioners to interpret and apply. On June 21, the Federalist Society presented a live audiocast of a panel of experts who discussed these issues and more. [Click here to listen to a replay of this event]