“the courts must declare 2007 1 s tudent chapter programs “the courts must declare the sense of...
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“The Courts must declare the sense of the law; and if they should be disposed to exercise will instead of JUDGMENT, the consequences would be the substitution of their pleasure
for that of the legislative body.”
The Federalist 78
Founding DirectorsHon. E. Spencer Abraham
Steven G. CalabresiHon. David M. McIntosh
Lee Liberman Otis
Directors/Offi cers
Steven G. Calabresi, ChairmanHon. David M. McIntosh, Vice Chairman
Gary S. Lawson, SecretaryBrent O. Hatch, Treasurer
Eugene B. Meyer, President• • •
Hon. T. Kenneth Cribb Jr., Counselor
Board of Visitors
Hon. Robert H. Bork, Co-ChairmanHon. Orrin G. Hatch, Co-Chairman
Lillian BeVierHon. Lois Haight Herrington
Hon. Donald Paul HodelHon. Frank Keating
Harvey C. KochRobert A. Levy
Hon. Edwin Meese IIIHon. Gale Norton
Hon. Theodore B. OlsonAndrew J. Redleaf
Hon. Wm. Bradford ReynoldsNicholas Quinn Rosenkranz
From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3Student Chapter Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4Lawyers Chapter Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7National Conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10Practice Groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 16State Courts Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21International Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23Special Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 25National Press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 26Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 27Benefactors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 29Chapters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 34Audited Financial Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 36
Table of Contents
Executive Vice PresidentLeonard A. Leo
Lawyers DivisionDean A. Reuter, Practice Groups DirectorLisa Budzynski, Lawyers Chapters Director
Mia Reynolds, State Courts Project DirectorJuli A. Nix, Deputy Director, Practice Groups
Alyssa Luttjohann, Deputy Director,International Affairs
David C.F. Ray, Associate DirectorJohn Paul Fox, Assistant DirectorAlicia Luschei, Assistant Director
Alexander Reynolds, Assistant Director
Senior Vice President & Faculty Division DirectorLee Liberman Otis
Faculty DivisionErin Sheley, Deputy Director
Marisa Maleck, Assistant Director
DevelopmentPatty Price, Director
Cynthia Searcy, Associate DirectorEllen Fuller, Assistant Director
Offi ce ManagementRhonda Moaland, Offi ce Manager
Matthew Nix, Assistant Offi ce Manager
James P. Kelly III, Director, International AffairsMargaret Little, Director, Pro Bono Project
Finance DirectorDouglas C. Ubben
Student DivisionPeter Redpath, Director
Elizabeth LeRoy, Associate DirectorKate Beer, Assistant Director
IT DirectorC. David Smith
Publications DirectorPeter Aigner
Membership DirectorTerry J. Archambeault
StaffPresident
Eugene B. Meyer
The Federalist Society1015 18th Street, N.W., Suite 425
Washington, D.C. 20036(202) 822-8138
The Federalist Society
Law schools and the legal profession are currently strongly dominated by a form oforthodox liberal ideology which advocates a centralized and uniform society. While
some members of the academic community have dissented from these views, by and largethey are taught simultaneously with (and indeed as if they were) the law.
The Federalist Society for Law and Public Policy Studies is a group of conservatives andlibertarians interested in the current state of the legal order. It is founded on the principlesthat the state exists to preserve freedom, that the separation of governmental powers is centralto our Constitution, and that it is emphatically the province and duty of the judiciary to saywhat the law is, not what it should be. The Society seeks both to promote an awareness ofthese principles and to further their application through its activities.
This entails reordering priorities within the legal system to place a premium on individualliberty, traditional values, and the rule of law. It also requires restoring the recognition of theimportance of these norms among lawyers, judges, law students and professors. In working toachieve these goals, the Society has created a conservative intellectual network that extendsto all levels of the legal community.
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“The Federalist Society’s educational programs encourage discussion about theConstitution and the law and refl ect a commitment to vigorous and open debate.”Chief Justice John Roberts of the U.S. Supreme Court, from the Federalist Society’s 25th AnniversaryTribute video.
“The Federalist Societyrepresents, without a doubt,the most vigorous, durable,and well-ordered organizationto emerge from this rethinkingof modern conservatism’spolitical strategy.”
Steven TelesThe Rise of the Conservative Legal Movement
“The Federalist Society does not take policy positions, as the ABA does.It does not litigate or lobby unlike the ACLU, and its leaders and staffdistance the organization from the individual achievements (or failures)of its members. They measure success, they say, by the vitality of the society’sideas in public discourse. It is a debate club, they say—perhaps, the debate club.”Legal Times, November 19, 2007
“The founding of the Federalist Society is oneof the most important developments, perhapsthe most important development, in law inthe last 25 years.”
Judge Robert H. Bork
“I NEVER IMAGINED THAT THERE WOULD BE A
CHAPTER AT EVERY MAJOR LAW SCHOOL IN AMERICA.WE THOUGHT WE HAD PLANTED A WILDFLOWER
IN THE WEEDS OF ACADEMIC LIBERALISM.INSTEAD, IT WAS AN OAK.”U.S. SUPREME COURT JUSTICE ANTONIN SCALIAIN REMARKS AT THE FEDERALIST SOCIETY’S25TH ANNIVERSARY GALA, NOVEMBER 15, 2007.
“The organization fl exes its muscle not through lobbying or endorsing judicial nominees, but through something evenmore potent: standing for principles and defending them in open and robust debate…At a time when so much of whatpasses for public discourse is poisonous and extreme, the Federalist Society’s commitment to fostering dialogue andintellectual diversity is a priceless resource.”
Jeff Jacoby, The Boston Globe, November 21, 2007
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A QUARTER-CENTURY OF BUILDINGDear Friends and Supporters:
Last November the Federalist Society celebrated the twenty-fi fth an-niversary of its founding. It was an exhilarating experience to pause andacknowledge all that has been accomplished by this organization. In 1982it was ignited by the spark of a handful of conservative and libertarianlaw students who wanted their education to include more than the liberalorthodoxy they were receiving in their classes at some of America’s mostdistinguished law schools. This report highlights many of the events theSociety conducted commemorating that milestone.
There is little argument, even from our critics, that the Federalist Societyhas profoundly infl uenced the legal culture. We have established a StudentChapter at every ABA-accredited law school in America, a Lawyers Chap-ter in every major metropolitan area, national Practice Groups in fi fteenareas of the law which focus on cutting edge legal issues, and a communityof thousands of active citizen-lawyers utilizing traditional legal principles tocontribute to their communities and the nation. The Federalist Society ismore than ever a unique source for vigorous and civil debate, and has theopportunity, given our increasing press attention and resources, to increasedramatically the number of people we reach with our programs.
It was gratifying to hear U.S. Supreme Court Justice Antonin Scaliarefl ect in characteristically eloquent fashion at our 25th Anniversary Gala,“I never imagined that there would be a chapter at every major law schoolin America. We thought we had planted a wildfl ower in the weeds of aca-demic liberalism. Instead, it was an oak.”
My profound thanks to all those involved with the Federalist Societyfor what you have done.
Now is the time to look forward to the next twenty-fi ve years. What-ever the Federalist Society has accomplished is small compared to the newopportunities that lay before us. Successfully seizing these opportunitieswill vastly enrich the legal culture. Obviously the development of ourchapters has created many of these opportunities. In addition, two othervery exciting developments are the expansion of the Faculty Division andthe implementation of the State Courts Project.
The expansion of our Faculty Division aims to foster intellectual diver-sity within law faculties and to enhance the prospect that opposing viewswill get a respectful hearing in the academic community. New initiativeswill establish mentoring structures between older faculty, younger faculty,and law students interested in the academy. We will encourage talented
F rom The President
law students to consider the academy as a career. We will provide youngscholars with ample opportunities to hone their research skills and increasetheir number of published articles. We will also seek out faculty who areinterested in traditional legal principles but who are not presently involvedwith the Federalist Society’s programs.
In its second year, our State Courts Project is developing exactly as wehad hoped it would, contributing to the understanding of our courts andthe rule of law at the state level. We are encouraged to continue to fi ndhighly qualifi ed and motivated citizen-lawyers in each state to help us focuson state courts. Our constitutional structure requires taking federalism seri-ously and being just as concerned about the proper role of courts in thestates as at the federal level.
As we look forward to pursuing these new challenges and sustainingour long-term efforts with another generation of law students and younglawyers, we wish to thank our supporters for their help in our effort to pro-mote the principles of limited government, the separation of powers, andthe rule of law. Without our donors and our volunteers, none of what theSociety has accomplished would have been possible. Thank you.
Sincerely,
Eugene B. Meyer President
Federalist Society President Eugene B. Meyer (second from right) and Executive VicePresident Leonard A. Leo (far right) with U.S. Supreme Court Chief Justice John Robertsand co-founders Lee Liberman Otis (far left) and Steven G. Calabresi (second from left) atthe 2007 Annual Lawyers Convention.
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STUDENT CHAPTERS
THRIVE ACROSS
COUNTRYThe 2006-2007 academic year was anunparalleled success for the FederalistSociety’s Student Chapters.
• Student Chapters hosted a record 998events, up from 825 the previous year.
• Total attendance was over 46,000 peopleat Student Chapter events, with each eventaveraging an audience of approximately fi fty.
• The 26th Annual Student Symposium on“Law and Morality” at Northwestern at-tracted about 1,000 attendees. As a result ofthe Symposium, the Northwestern chap-ter was awarded the University’s ‘RobertBennett Outstanding Student OrganizationAward’ for its efforts.
Student Chapters hosted events address-ing a number of pertinent legal issues overthe course of the year. The War on Terror andnational security remained popular topics forstudent chapters to address. In September,Victor Davis Hanson of the Hoover Insti-
tution delivered a speech on the Iraq Warto a crowd of 260 at Minnesota. Ambas-sador Robert Pearson, the former DirectorGeneral of the Foreign Service, spoke on“Democracy, Islam, and the War on Terror”before fi fty people at Vanderbilt. In addi-tion, Harvard hosted a panel on the tensionbetween freedom and security after 9/11 withNorthwestern Prof. Steven G. Calabresi andHarvard Profs. Charles Fried and LaurenceTribe. George Washington Profs. JonathanTurley and Gregory Maggs debated Hamdanv. Rumsfeld at George Washington, whileBerkeley Prof. John Yoo and New York Uni-versity Prof. Burt Neuborne debated the caseat New York University. Akron, FloridaCoastal, George Mason, and Ohio Statesponsored debates on ACLU v. NSA and thelegality of the NSA’s warrantless wiretappingprogram; and 150 people attended a debate atCalifornia-Davis on national security fea-turing Ronald Cass, Dean Emeritus of BostonUniversity School of Law, and President ofCass & Associates, PC.
International legal issues continued tointerest student chapters this past year aswell. Ohio State hosted a debate betweenNorthwestern Prof. John McGinnis and OhioState Prof. John Quigley on internationallaw in American constitutional adjudication.Prof. McGinnis also debated Creighton Prof.Michael Kelly at Creighton on “Should U.S.Courts Look to International Law WhenMaking Decisions?” Similarly, U.S. Con-gressman Thaddeus McCotter of Michigandebated Prof. Paul Dubinsky at Wayne Stateon the application of international law in theUnited States.
National fervor over immigration in-spired a number of student chapter events.Western State hosted Chapman Dean JohnEastman to debate Western State’s Prof. DavidBrennan before seventy people. Dean East-man also debated James Ho of Gibson Dunn& Crutcher LLP on birthright citizenship atSouthern California. In February, Arizonahosted eight legal and immigration expertsfor a symposium on immigration reform,and West Point Prof. Margaret Stock debatedMarquette Prof. Ed Fallone on “Fences, Am-nesty, and Aliens” at Marquette.
Judge Janice Rogers Brown of the U.S. Court of Appealsfor the D.C. Circuit talks with Craig Chosiad, presidentof the University of Michigan Law School Chapter at theNational Lawyers Convention.
Solicitor General of Texas R. Ted Cruz meets with HarvardFederalist Society members after mooting Medellin v. Texasbefore his argument in front of the U.S. Supreme Court aspart of the Chapter’s Supreme Court Advocacy Project.
Judge Carlos Bea and Judge Consuelo Callahan, both ofthe U.S. Court of Appeals for the Ninth Circuit, pauseduring a summer event with student chapter membersof the University of California, Berkeley School of Law-Boalt Hall. The barbeque, hosted by the SacramentoLawyers Chapter, drew more than 100 law students andlawyers.
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sMany chapters sponsored events on
affi rmative action and the use of race ineducation. Texas Prof. Lino Graglia debatedLoyola-New Orleans Prof. James Viator atLoyola-New Orleans and Louisiana StateProf. John Devlin at Louisiana State onaffi rmative action in higher education. Oversixty people attended each debate. An af-fi rmative action debate at Harvard betweenauthor Dinesh D’Souza and Harvard Prof.Charles Ogletree attracted a crowd of 150.California-Davis hosted a panel on Califor-nia’s Proposition 209, the 1996 ballot initia-
during the 2006-2007 school year. A debateat Baylor between Kevin J. Hasson of theBecket Fund for Religious Liberty and theACLU’s Dr. Jeremy Gunn attracted an over-fl ow crowd of 175 people, local media, andeven a crew from a Brazilian television station.Hasson also participated in similar religiousliberty debates at Cardozo, Columbia,DePaul, Nebraska, Northwestern, Pep-perdine, Richmond, Southern Methodist,Texas Wesleyan, and Toledo. In October,Jordan Lorence of the Alliance Defense Fundparticipated in two well-attended debatesat Marquette and Wisconsin on same-sexmarriage, while Boston College hostedMaggie Gallagher of the Institute for Mar-riage and Public Policy to debate ArlineIsaacson of the Massachusetts Gay and LesbianPolitical Caucus on the topic, “Is Same-SexMarriage a Civil Right?” Similarly, BrighamYoung Prof. Lynn Wardle participated in a de-bate on Citizens for Equal Protection v. Bruning,a case concerning the legal rights of same-sexcouples, at Nebraska before 100 students.
Controversies and cases in election lawprompted student chapters to hold events on
campaign fi nance and the Voting Rights Act.Seton Hall sponsored a debate on “Payingfor Elections: Are We Restricting the Flow ofMoney or Speech in Politics?” between at-torney James Bopp and Brenda Wright of theNational Voting Rights Institute. Bopp alsodebated New York University Prof. SamuelIsaacharoff on “Campaign Finance in theAftermath of Randall v. Sorrell” at New YorkUniversity. Similarly, Texas hosted FederalElection Commissioner Michael Toner, whospoke on “The Effect of McCain-FeingoldCampaign Finance Reform on Politics”before sixty people. Abigail Thernstrom ofthe Manhattan Institute and the U.S. Com-mission on Civil Rights debated Pace Prof.Randolph McLaughlin at Pace and HarvardProf. Charles Ogletree at Yale on the VotingRights Act of 1965 and the reauthorization ofits temporary provisions.
Other highlights from 2006-2007 includelectures by many prominent judges and gov-ernment offi cials. U.S. Supreme Court JusticeAntonin Scalia met with chapters at SanDiego, St. Thomas-Minnesota, Texas,and Yale; and U.S. Supreme Court JusticeClarence Thomas spoke to the chapter atGeorgia. Former U.S. Attorney GeneralEdwin Meese III spoke to the Campbelland George Mason chapters, while formerU.S. Attorney General Richard Thornburghdelivered an address on “Corporate Investi-gations and the Thompson Memorandum”to 100 students at Vanderbilt. Former U.S.Attorney General John Ashcroft spoke toMarquette and North Carolina, wherehe drew a crowd of 1,100. In October, U.S.Department of Homeland Security SecretaryMichael Chertoff spoke at Harvard; andformer U.S. Department of Energy Secretary
The Notre Dame Chapter poses with Judge DiarmuidO’Scannlain of the U.S. Court of Appeals for the NinthCircuit after his speech.
tive that banned affi rmative action in Cali-fornia; and Roger Pilon of the Cato Institutedebated Rutgers-Newark Prof. James Popeat Rutgers-Newark on whether affi rmativeaction and equal protection are compatible.Michigan State hosted a panel on “Alterna-tives to Affi rmative Action After the MichiganCivil Rights Initiative,” and Ward Connerlyspoke to Louisville on affi rmative action infront of an audience of 500.
Religious and other civil liberties werethe focus of several student chapter events
John Stossel, consumer reporter for ABC News 20/20,meets with the offi cers of the Yale Law School StudentChapter after his speech on “Freedom and Its Enemies”to 350 students in October.
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and Federalist Society co-founder SpencerAbraham spoke at Thomas Cooley-Oak-land. U.S. Solicitor General Paul Clementspoke before large crowds at Michigan,New England, Suffolk, and Virginia; whileRichmond hosted both Virginia AttorneyGeneral Bob McDonnell and Virginia So-licitor General William Thro. As one of theattorneys arguing against the D.C. Gun Banbefore the U.S. Supreme Court, Robert A.Levy of Cato presented his views of the caseto several law schools, including Northwest-ern, Chicago, Illinois and Loyola-Chicagoin a speech titled, “Second Amendment in theCross-Hairs.” Once again, popular speakerRoger Pilon of the Cato Institute was warmlyreceived by law schools across the country.One of his themes this year was “Liberalismand the Fourteenth Amendment: HowBoth Liberals and Conservatives Got ItWrong.” Georgetown Prof. Randy Barnettdrew large crowds for his speech on “Indi-vidualism and the State” at Chicago, Stetsonand Florida State.
Overall, 2006-2007 was a remarkablysuccessful year for the Federalist Society’sStudent Chapters. Their efforts to advancethe rule of law and foster debate on impor-tant issues will continue to infl uence the legalculture on their campuses and in their com-munities for years to come.
Selected Student Chapter SpeakersHon. Spencer Abraham, Former U.S. Secretary of EnergyHon. Alexander Acosta, U.S. Attorney, Southern District of FloridaProf. Jonathan Adler, Case Western Reserve University School of LawHon. John Ashcroft, Former U.S. Attorney GeneralProf. John Baker Jr., Louisiana State University Law CenterProf. Randy Barnett, Georgetown University Law CenterHon. Bob Barr, Former U.S. CongressmanJudge Carlos Bea, U.S. Court of Appeals, Ninth CircuitJudge Duane Benton, U.S. Court of Appeals, Eighth CircuitClint Bolick, Alliance for School ChoiceProf. Gerard Bradley, Notre Dame Law SchoolHon. Rachel Brand, Former U.S. Assistant Attorney General,
Offi ce of Legal PolicyScott Bullock, Institute for JusticeProf. Steven G.Calabresi, Northwestern University School of LawJudge Ed Carnes, U.S. Court of Appeals, Eleventh CircuitHon. Paul Clement, U.S. Solicitor GeneralWard Connerly, American Civil Rights InstituteJustice Maura D. Corrigan, Michigan Supreme CourtProf. Richard Epstein, University of Chicago Law SchoolSteve Forbes, CEO, Forbes, Inc., Former Presidential CandidateProf. Charles Fried, Harvard Law SchoolJohn Fund, The Wall Street JournalProf. Nicole Garnett, Notre Dame Law SchoolProf. Rick Garnett, Notre Dame Law SchoolJudge Neil Gorsuch, U.S. Court of Appeals, Tenth CircuitMichael Greve, American Enterprise InstituteJudge Thomas Griffi th, U.S. Court of Appeals, D.C. CircuitJudge Raymond Gruender, U.S. Court of Appeals, Eighth CircuitKevin J. Hasson, The Becket Fund for Religious LibertyJudge Edith Jones, U.S. Court of Appeals, Fifth CircuitHon. Gregory Katsas, U.S. Deputy Assistant Attorney General,
Civil DivisionJudge Brett Kavanaugh, U.S. Court of Appeals, D.C. CircuitProf. Orin Kerr, Georgetown University Law CenterJudge Alex Kozinski, U.S. Court of Appeals, Ninth CircuitRobert A. Levy, Cato Institute
Justice Stephen Limbaugh, Missouri Supreme CourtJustice Stephen Markman, Michigan Supreme CourtJudge Michael McConnell, U.S. Court of Appeals, Tenth CircuitSenator Mitch McConnell, U.S. Senate, KentuckyHon. Bob McDonnell, Virginia Attorney GeneralProf. John McGinnis, Northwestern University School of LawHon. David M. McIntosh, Mayer Brown LLP, Former U.S. CongressmanHon. Edwin Meese III, Former U.S. Attorney GeneralClark Neily, Institute for JusticeJudge Paul Niemeyer, U.S. Court of Appeals, Fourth CircuitJudge Diarmuid O’Scannlain, U.S. Court of Appeals, Ninth CircuitRoger Pilon, Vice President for Legal Affairs, Cato InstituteRamesh Ponnuru, National ReviewJudge Richard Posner, U.S. Court of Appeals, Seventh CircuitJudge William Pryor Jr., U.S. Court of Appeals, Eleventh CircuitJustice Antonin Scalia, U.S. Supreme CourtJudge David Sentelle, U.S. Court of Appeals, D.C. CircuitJudge Laurence Silberman, U.S. Court of Appeals, D.C. CircuitChristina Hoff Sommers, American Enterprise InstituteDean Kenneth Starr, Pepperdine University School of LawProf. Margaret D. Stock, Department of Law,
U.S. Military Academy, West PointJohn Stossel, ABC NewsJudge Jeffrey Sutton, U.S. Court of Appeals, Sixth CircuitJudge Diane Sykes, U.S. Court of Appeals, Seventh CircuitJudge Deanell Reece Tacha, U.S. Court of Appeals, Tenth CircuitJustice Clarence Thomas, U.S. Supreme CourtHon. Dick Thornburgh, Former U.S. Attorney GeneralJudge Gerald Bard Tjofl at, U.S. Court of Appeals, Eleventh CircuitCommissioner Hans von Spakovsky, Federal Election CommissionJudge Clifford Wallace, U.S. Court of Appeals, Ninth CircuitProf. Amy Wax, University of Pennsylvania Law SchoolEdward Whelan III, Ethics and Public Policy CenterProf. John Yoo, University of California,
Berkeley School of Law – Boalt HallJustice Robert Young, Michigan Supreme Court
Former U.S. Attorney General John Ashcroft greetsDaniel Suhr, president of the Marquette University LawSchool Student Chapter, after his speech to the chapterin April.
Prof. Randy Barnett ofGeorgetown Law Centerspoke on “The NinthAmendment - Does ItMean What It Says?” toseveral student chaptersthis year.
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•The Lawyers Chapters in 65 cities across thenation are the cornerstone of activity in theLawyers Division. The constant high qual-ity of programming in the local chapters iscrucial to maintaining a strong communitypresence.
• In 2007, the Lawyers Chapters held a record290 events.
•Over 20,000 attended lawyers chaptersevents, averaging over 70 attendees per event.
The lawyers chapters focus their program-ming on topics of both national and localinterest. Topics addressed include the War onTerror, state judicial selection, federal judicialconfi rmations, eminent domain, immigrationreform, same-sex marriage, racial preferences,the Second Amendment, the role of state at-torneys general, climate control, tort reform,and many others.
Some of the signifi cant programs this yearinclude:
•Several visits by U.S. Supreme Court Jus-tice Clarence Thomas to lawyers chapterswere the highlight of the programming year.
Chapters in New York City, Atlanta,Nebraska, Chicago, Dallas, and OrangeCounty attracted crowds of several hundredto more than a 1,000 lawyers each atevents co-sponsored by the HeritageFoundation in each city. Justice Thomasrefl ected on his new book, My Grandfather’sSon: A Memoir. The book and his remarksrevealed his fractured childhood, his earlystruggles through college and law school,and his career and personal life through hisconfi rmation to the U.S. Supreme Court.Following his brief remarks, Justice Thomasanswered questions from the audience, oftenengaging the audience for an hour or more.Questions ranged from his views on judicialphilosophy, what advice he would offer toindividuals preparing for college as well as
law school, how he recruits law clerks, andhow he regarded his time on the bench.After each program, Justice Thomas signedbooks for attendees.
U.S. Supreme Court Justice Samuel Alitoattended a gathering of Los AngelesFederalist Society leaders in August. About80 lawyers, local judges, and student lead-
Orange County Chapter Executive Board Members (L toR) Mike Friedland, Bill Brown and John Dodd pose withformer U.S. Attorney General Edwin Meese III afterhonoring him at the chapter’s annual Madison Dinner.
Standing under animposing painting ofAbraham Lincoln, U.S.Solicitor General PaulClement delivered thePhiladelphia Chapter’sFourth Annual SupremeCourt Round-up tomore than 270 peoplelast summer.
ers attended this reception. The event wasgraciously hosted by John and Mary LeeMalcolm. Justice Alito delivered brief re-marks about his confi rmation to the Courtand then took questions. U.S. SupremeCourt Justice Antonin Scalia attended alunch meeting with the Colorado Chapterin October and a breakfast meeting withSan Diego Federalists in September.
•The Southern California Chaptersjointly sponsored a day-long conferenceat the Ronald Reagan Presidential Libraryin Simi Valley in late January. The confer-ence honored the service of former U.S.
U.S. Supreme Court Justice Clarence Thomas signshundreds of copies of his book after speaking to overfl owaudiences at several Federalist Society Lawyers Chaptersin the fall.
LAWYERS CHAPTERS LINK CITIZEN-LAWYERS
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Attorney General Edwin Meese III and thelegacy of the Department of Justice that heled. Former U.S. Solicitor General Theo-dore Olson offered the luncheon remarks.Judge Lois Haight of the California SuperiorCourt, Claremont McKenna Prof. MichaelUhlmann, Michigan Supreme Court JusticeStephen Markman, University of San DiegoLaw Prof. Michael Rappaport, and WilliamBradford Reynolds of Howrey LLP offeredtheir recollections of their time working forGeneral Meese at the Justice Department.
The Sacramento Chapter hosted a reception for membersof the California Supreme Court. Guests includedSuperior Court Judge Raoul Thornbourne, his wifeVivian, and U.S. District Court Judge Morrison England(right).
University of San Diego Law Prof. GailHeriot interviewed General Meese abouthis time in offi ce and his refl ections onPresident Reagan. A fi nal panel discussedthe development of “Originalism.” Over200 lawyers and students from throughoutCalifornia attended the program, whichmarked the First Western ChaptersLawyers Conference, which has becomean annual event.
• Several chapters considered the very timelyissue of commander-in-chief authority lastspring. As members of Congress attemptedto place a timetable for the withdrawal ofU.S. troops from Iraq, the Society’s lawyerschapters held a number of panel discussionsconcerning the separation of powers issuesinvolved. Discussions were held in Pitts-burgh, Cleveland, Columbus, Miami,Orlando, Houston, Phoenix, Louisville,Chicago, Macon, Little Rock, and Den-ver. Featured speakers included Chap-man University Dean John Eastman, DavidRivkin of Baker & Hostetler, national secu-rity commentator Glenn Sulmasy, LSU Prof.John Baker Jr., James Carafano and Mack-enzie Eaglen from the Heritage Foundation,Andrew McCarthy from the Foundation forthe Defense of Democracies, and RonaldCass, Dean Emeritus of Boston UniversitySchool of Law, and President of Cass & As-sociates, PC. Some chapters included Iraqiwar veterans as participants in the paneldiscussion, such as Major William Fay, whoparticipated in the Phoenix Chapter’sprogram.
•Nearly 500 lawyers attended the BostonChapter’s annual Shakespeare performance.Under the direction of Chapter ChairmanDan Kelly, leading community opinion
leaders, judges, and lawmakers performeda staged reading of “Measure for Measure.”Actors included U.S. District Court JudgesNancy Gertner, Nathaniel Gorton, RyaZobel, Dennis Saylor, Mark Wolf, Patti Saris,and Douglas Woodlock; U.S.Civil RightsCommission Member Jennifer Braceras;Massachusetts Attorney General Mar-tha Coakley; and Associate MassachusettsSupreme Court Justices Robert Cordy andJudith Cowin. ABC News Legal Correspon-dent Jan Crawford Greenberg and DanielJ. Kornstein, author of Kill All the Lawyers:Shakespeare’s Legal Appeal, moderated thediscussion after the play. The discussionfollowing the play addressed the judicialselection process, whether political or socialpredispositions affect judicial decisions, thefairness of labeling a judge as “conservative”or “liberal,” and how far a judge could orshould go when he or she believes that strictenforcement of the law will produce anunfair result.
• Solicitor General Paul Clement deliveredthe Philadelphia Chapter’s fourth an-
Princeton Prof. Robert George, along with JudgeEdith Brown Clement, U.S. Court of Appeals forthe Fifth Circuit, meets with Archbishop of New OrleansAlfred Hughes and members of the New Orleans Chapterafter his speech on “Natural Law and Human Rights.”
Judge Edith Jones, U.S. Court of Appeals for the FifthCircuit, participated in a Supreme Court Round-uppanel before the Houston Chapter in July.
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nual U.S. Supreme Court Round-up tomore than 270 attendees at the UnionLeague. Clement discussed the major casesof the term, while emphasizing several ofthe term’s business cases. Solicitor GeneralClement also spoke to the Pittsburgh andMilwaukee Chapters, previewing the 2007Supreme Court term. Several other chap-ters held U.S. Supreme Court Round-upsover the summer. The Houston Chapterfeatured a panel discussion with Judge EdithJones of the U.S. Court of Appeals, FifthCircuit, Texas Solicitor General R. Ted Cruz,and Professor Lino Graglia of the Universityof Texas Law School. Kannon Shanmugamof the U. S. Solicitor General’s offi ce spoketo both the Kansas City and WichitaChapters. And, of course, former U.S. Solici-tor General Theodore Olson presented hisannual reprise of the term to more than500 at the Washington, D.C. Chapter.
•The Birmingham Chapter hosted formerU.S. Attorney General John Ashcroft at aSeptember dinner. General Ashcroft wasintroduced by U.S. Senator Jeff Sessions ofAlabama. Attendees included Judge William
Pryor Jr. of the U.S. Court of Appeals, Elev-enth Circuit, U.S. Attorney Alice Martin, andAlabama Supreme Court Justice Harold See.General Ashcroft offered his observationsabout his time at the Justice Department.He took several questions, commenting onthe War on Terror, immigration policies, andthe future of the U. S. Supreme Court afterthe 2008 elections.
•The lawyers chapters have taken criticalroles in organizing State Court Project ini-tiatives. Chapters in Milwaukee, St. Louis,Nashville, Memphis, and Kansas Citywere among those that took leading rolesin 2007 in hosting programs with state andappellate court judges, drafting white papersand articles on state court jurisprudence forDocket Watch, identifying media experts and
local scholars, and taking a leading role inthe discussion on what the proper role ofthe state courts should be. Several otherchapters sponsored programs debating statejudicial selection methods, judicial freespeech restrictions, and judicial activismversus judicial restraint.
• Federalist Society Board of Visitors mem-ber Robert A. Levy spoke before theD.C. lunch in December on the Districtof Columbia v. Heller case which is be-fore the U.S. Supreme Court this term.Attorney Alan Gura, who argued thegun ban case, has spoken about it to theMichigan, North Coast, San Diego,Orange County, Philadelphia, PugetSound and Minnesota Chapters.
The Boston Lawyers Chapter’s annual Shakespearepresentation featured an after-performance discussion ledby Supreme Confl ict author Jan Crawford Greenburg.
Justice Samuel Alito, U.S. Supreme CourtHon. John Ashcroft, Former U.S. Attorney GeneralHon. Paul S. Atkins, U.S. Securities & Exchange CommissionHon. Haley Barbour, Governor, MississippiMichael Barone, U. S. News and World ReportJudge Carlos Bea, U.S. Court of Appeals, Ninth CircuitHon. Matt Blunt, Governor, MissouriJudge Robert H. Bork, Ave Maria School of LawJudge Pasco Bowman, U.S. Court of Appeals, Eighth CircuitHon. Rachel Brand, Former U.S. Assistant Attorney General,
Offi ce of Legal PolicyJustice Stephen Breyer, U.S. Supreme CourtJudge Janice Rogers Brown, U.S. Court of Appeals, D.C. CircuitHon. Paul Clement, U.S. Solicitor GeneralWard Connerly, American Civil Rights InstituteJay Cook, President, State Bar of GeorgiaProf. Richard Epstein, University of Chicago Law SchoolProf. Robert George, Princeton UniversityMichael Horowitz, Senior Fellow, The Hudson InstituteJudge Edith Jones, U.S. Court of Appeals, Fifth CircuitBill Kristol, The Weekly StandardRobert A. Levy, Cato InstituteJudge James B. Loken, Chief Judge, U.S. Court of Appeals, Eighth
CircuitHeather MacDonald, John M. Olin Fellow, Manhattan InstituteHon. Bill Marshall, Solicitor General, Ohio
Alice H. Martin, U.S. Attorney, Northern District of AlabamaJustice Elliott Maynard, West Virginia Supreme CourtAndrew McCarthy, Foundation for Defense of DemocraciesSenator Mitch McConnell, U.S. Senate, KentuckyHon. Edwin Meese III, Former U.S. Attorney GeneralChip Mellor, President, Institute for JusticeShannon P. Minter, National Center for Lesbian RightsHon. Michael B. Mukasey, U.S. Attorney GeneralHon. Gale Norton, Former Secretary of the InteriorHon. Theodore Olson, Former U.S. Solicitor GeneralRoger Pilon, Vice President for Legal Affairs,
Cato InstituteDavid Rivkin, Baker Hostetler LLPProf. Paul Rubin, Emory UniversityDeirdre Cummings, Massachusetts PIRGJustice Antonin Scalia, U.S. Supreme CourtJustice Harold See, Alabama Supreme CourtDean Kenneth Starr, Pepperdine University School of LawJustice Clarence Thomas, U.S. Supreme CourtProf. Eugene Volokh, UCLA School of LawJudge J. Clifford Wallace, U.S. Court of Appeals, Ninth CircuitEdward Whelan III, Ethics & Public Policy CenterProf. John Yoo, University of California, Berkeley School of Law-
Boalt HallJustice Robert Young, Michigan Supreme Court
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In recognition of the Federalist Society’sSilver Anniversary, President George W. Bushaddressed the organization’s 25th AnniversaryGala on November 15th during the 2007National Lawyers Convention in Washington,D.C. He stressed two of the Society’s areasof interest: interpreting the Constitutionas the founders wrote it, and the judicialconfi rmation process.
Although most events took place, as usual,at the Mayfl ower Hotel, the Gala was held atthe elegant and historical Washington UnionStation on the fi rst night of the convention.More than 1,700 people attended the blacktie event, which, in addition to the Presidentof the United States, featured brief commentsby U.S. Supreme Court Justices AntoninScalia, Clarence Thomas and SamuelAlito, and former U.S. Attorney General
Edwin Meese III. Former U.S. SolicitorGeneral Theodore Olson served as Masterof Ceremonies.
Besides the Gala, other highlights of theconvention included the Barbara K. OlsonMemorial Lecture given on Friday nightby U.S. Supreme Court Chief Justice JohnRoberts. His speech touched on issues ofjudicial independence, using as a backdrop the
“The Constitution & American Exceptional-ism: Citation of Foreign Law,” and “Ameri-can Exceptionalism, the War on Terror andthe Rule of Law in the Islamic World.”
More than 1,500 guests attended one ormore of the convention’s 22 different panelsand other programs involving over 60 distin-guished speakers from the bench, bar, legalacademy, and business world. The wide array
President of the United States George W. Bush gives thekeynote speech at the Federalist Society’s 25th AnniversaryGala.
Federalist Society Executive VicePresident Leonard Leo chats withU.S. Secretary of Labor ElaineChao and her husband, SenateMinority Leader Mitch McConnellof Kentucky at the Gala.
Supreme Court appointments of PresidentJames Madison. One of the other popularconvention programs was the address, ques-tion period, and book signing on Thursdaymorning by U.S. Supreme Court JusticeClarence Thomas about his newly releasedbook My Grandfather’s Son: A Memoir.
The theme for the plenary sessions ofthis 25th Anniversary Convention was “Shin-ing City Upon a Hill: American Excep-tionalism.” Showcase panels were entitled:“Beacon of Freedom: Does America Havea Special Mission?” “Is America Differentfrom Other Major Western Democracies?”
Former U.S. Solicitor General Theodore Olson visitswith Nina Totenberg, the legal affairs correspondent ofNational Public Radio, following the Seventh AnnualBarbara K. Olson Memorial Lecture on Friday eveningof the Convention.
FEDERALIST SOCIETY CELEBRATES 25 YEARSLargest Ever Lawyers Convention Shines
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of opinions expressed by featured speakersensured lively debate and standing-room-onlycrowds for many sessions. The conventionwas heavily covered by the national press andsome portions of the program were taped byC-SPAN.
The Convention opened with an ad-dress by President Bush’s appointment to theEuropean Union, Ambassador C. BoydenGray, who is a former member of the Fed-eralist Society’s Board of Visitors. Kickingoff the theme of American Exceptionalism,the fi rst showcase panel featured MichaelBarone of U.S. News and World Report, Prof.Richard Epstein of the University of Chi-cago Law School, Prof. Charles Fried ofHarvard Law School, and Prof. Gordon S.Wood of Brown University. The panel wasmoderated by Hon. J. Harvie Wilkinson III,U.S. Court of Appeals, Fourth Circuit.
On Friday, after an address by U.S. Sen-ate Minority Leader Mitch McConnell ofKentucky, federal judges Alex Kozinski and
Stephen Reinhardt, both of the U.S. Court ofAppeals, Ninth Circuit, debated on the sub-ject of “Property Rights in the United States,”with James S. Burling of the Pacifi c LegalFoundation moderating. Former Mayor ofNew York City Rudy Giuliani addressed theconvention Friday afternoon.
The Convention Luncheon on Satur-day was a retrospective look at the founding
Convention speakers from the Academyincluded: Prof. Steven G. Calabresi of North-western University School of Law andChairman of the Federalist Society Boardof Directors; Prof. Eugene Volokh of UCLASchool of Law; Prof. Nadine Strossen, NewYork Law School and President of theACLU; Prof. Neal Katyal of GeorgetownUniversity Law Center; Prof. Michael S.Paulsen of the University of Saint ThomasSchool of Law; Dean John Eastman of Chap-man University School of Law; Prof. MarciHamilton of Yeshiva University, BenjaminN. Cardozo School of Law; Prof. John Yooof University of California, Berkeley Schoolof Law-Boalt Hall; Prof. Douglas Kmiec ofPepperdine University School of Law; Prof.Randy Barnett of Georgetown UniversityLaw Center; Prof. James Lindgren of North-western University School of Law; Prof.Akil Reed Amar of Yale Law School; Prof.Nicholas Quinn Rosenkranz of GeorgetownUniversity Law Center; Prof. Gail Heriot
Judge William Pryor Jr. of the U.S. Court of Appeals forthe Eleventh Circuit talks to Prof. Nadine Strossen ofNew York Law School and president of the ACLU at theNational Lawyers Convention.
Judith Jacobs of New York and her husband JudgeDennis Jacobs, U.S. Court of Appeals, Second Circuit,peruse the on-site brochure before the National LawyersConvention begins.
and development of the Federalist Societyfeaturing Former U.S. Attorney GeneralEdwin Meese III, who is now chairman ofthe Heritage Foundation’s Center for Legal& Judicial Studies; Manuel Klausner of theReason Foundation; Alfred Regnery of theAmerican Spectator, and Spencer Abraham,former U.S. Senator and U.S. Secretary of En-ergy and co-founder of the Federalist Society.Abraham also offered some remarks aboutthe founding of the Society’s anchor journal,the Harvard Journal of Law and Public PolicyStudies, which he helped to establish.
Michael Barone of U.S. News and World Report and Prof.Richard Epstein of the University of Chicago Law Schoolserved on the opening showcase panel to discuss “Beaconof Freedom: Does America Have a Special Mission?”
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of the University of San Diego School ofLaw, and Prof. Scott Kieff of WashingtonUniversity in St. Louis, School of Law.
Several federal judges were asked toserve on or moderate panels. They included:Judge Frank H. Easterbrook, U.S. Court ofAppeals, Seventh Circuit; Judge MichaelMcConnell, U.S. Court of Appeals, TenthCircuit; Judge David Sentelle, U.S. Courtof Appeals, D.C. Circuit; Judge Carlos Bea,U.S. Court of Appeals, Ninth Circuit; JudgeStephen F. Willliams, U.S. Court of Appeals,D.C. Circuit; Judge Janice Rogers Brown,U.S. Court of Appeals, D.C. Circuit; JudgeJerry E. Smith, U.S. Court of Appeals, FifthCircuit; Judge Edith Jones, U.S. Court of Ap-peals, Fifth Circuit; and Judge Brett Kavana-ugh, U.S. Court of Appeals, D.C. Circuit.
Student SymposiumAttendance Soars
The question of the role of moralityin the law is no longer solely one for legal
academics and philosophers. With emotionsrunning high and advocacy groups spend-ing millions to mobilize their infantries inthe so-called “culture wars,” the questionssurrounding morality’s role in the law haveassumed a central position within the na-tional dialogue. The Federalist Society’s 2007Student Symposium hosted by Northwest-ern University School of Law in Chicagosought to explore this issue of “Law andMorality” with about 1,000 law studentsfrom across the country in attendance.
Interest in attending the FederalistSociety’s Student Symposia by Americanlaw students has been climbing steadily overthe past three years. After attracting about600-700 students for several years, morethan 900 people attended the Student Sym-posium at Harvard in 2005 and participa-tion has been even stronger ever since. Thenext year more than 1,200 signed up for theevent at Columbia Law School and againthis year there were nearly 1,000 participat-ing in the 2007 Symposium at Northwestern
School of Law. The rise in attendance canbe, in large part, attributed to the fact thatmore students at more law schools are beingexposed to Federalist Society programs. Thereis now a Federalist Society Student Chapterat every accredited law school in America.
The debates and panels on “Religion inthe Public Square,” “The Philosophical andTheological Foundations of Moral Debate,”“Moral Choices and the Eighth Amendment,”“Same-Sex Marriage, Public Policy, and theConstitution,” “Government Promotion of
U.S. Supreme Court Justice Clarence Thomas enjoys partof the program at the Convention with his wife Ginni(right) and Gerald Walpin (left), the Inspector Generalof the U.S. Corporation for National and CommunityService.
Federalist Society President Eugene B. Meyer welcomesparticipants to the Convention Luncheon on Saturday.
Moral Issues,” and “Morality of First Amend-ment Jurisprudence” served as useful vehiclesto explore this topic.
The introductory debate on “Religionin the Public Square” on Friday eveningpitted Kevin J. Hasson of the Becket Fundfor Religious Liberty against MichaelNewdow, best known for his Supreme Courtcase challenging the constitutionality of the
Lawrence Auriana, a James Madison Club member fromNew York, chats with U.S. Supreme Court Justice SamuelAlito before the Annual Dinner at Union Station.
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College of Law; Prof. Louis Michael Seidmanof Georgetown University Law Center; Prof.Geoffrey Stone of University of Chicago LawSchool; and Prof. Amy Wax of University ofPennsylvania Law School.
Panels were moderated by Judge Timo-thy M. Tymkovich, U.S. Court of Appeals,Tenth Circuit; Judge Diane Sykes, U.S. Courtof Appeals, Seventh Circuit; Prof. StevenG. Calabresi of Northwestern UniversitySchool of Law and co-founder of the Fed-eralist Society; and Prof. Orin S. Kerr of TheGeorge Washington University Law School.
The Symposium concluded with amoving address on the question of whetherpeople of faith can be objective judges,delivered by Judge William Pryor Jr., U.S.Court of Appeals, Eleventh Circuit. Be-fore he was fi nally confi rmed on June 9,2005, Judge Pryor was opposed and at-tacked by some for his devout Catholicism.
Conference Inspires NewStudent Leaders
One clear indication of the StudentDivision’s development has been the growth,in terms of participation and importance, ofthe Student Leadership Conference held inWashington, D.C. each July. In two intensivedays, the Society covers the cost to bring allour upcoming chapter presidents to Washing-ton, D.C. for a crash course on how to run asuccessful chapter. They also hear from in-spiring national legal experts and meet otherchapter presidents from all over the country– new friends with whom they can consultduring the school year. We attribute partof the remarkable success of our chapters inthe last three or four years to these meet-ings. Most of the 195 accredited law schoolchapters in the U.S. sent student participantsto this year’s conference which took placethe weekend of July 13-15. Students heard
words “under God” in the U.S. Pledge of Al-legiance. Federalist Society co-founder Hon.David M. McIntosh of Mayer Brown LLPmoderated the lively exchange.
Distinguished speakers from the legalacademy showcased by the Symposium in-cluded: Prof. Ronald J. Allen of NorthwesternUniversity School of Law; Prof. John Baker Jr.of Louisiana State Law School; Prof. RandyBarnett of Georgetown University LawCenter; Prof. Lillian R. BeVier of the Univer-sity of Virginia School of Law; Prof. RobertBurns of Northwestern University School ofLaw; Prof. Steven G. Calabresi of Northwest-ern University School of Law; Prof. LaurenceP. Claus of University of San Diego School ofLaw; Prof. G. Marcus Cole of Stanford LawSchool; Prof. Richard W. Garnett of NotreDame Law School; Prof. Lino A. Gragliaof University of Texas School of Law; Prof.Andrew Koppelman of Northwestern Uni-versity School of Law; Prof. Steven Lubet ofNorthwestern University School of Law; Prof.Michael S. Moore of University of Illinois
Convention Luncheon speakers Manuel Klausner ofReason Foundation and Alfred Regnery of The AmericanSpectator recapped the history of the founding of theFederalist Society.
Two legal legends, former U.S. Attorney General Edwin Meese III (left) and Justice Antonin Scalia of the U.S. SupremeCourt, take a minute to greet each other at the Federalist Society’s 25th Anniversary Gala.
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from Rachel Brand, former U.S. AssistantAttorney General in the Offi ce of LegalPolicy, who gave an insider’s view of the twoBush Administration Supreme Court nomina-tions. The sessions of the conference led byStudent Division Director Peter Redpath andFederalist Society President Eugene Meyerfocused mainly on helping students learn thenuts and bolts of running a strong, success-ful chapter at their law school by instructingthem how to use the resources of the nationalorganization to produce results. The highlightof the weekend was a summer party Saturdayevening at the home of former U.S. SolicitorGeneral Theodore Olson, a longtime friendand mentor of the Society.
Annual Conference Major Partof Expanding Faculty Division
The 10th Annual Faculty Division Con-ference was held in New York City onJanuary 3-4, 2008. The 60 faculty memberswho attended contributed to the thoughtfuldiscussion prompted by panels on “ExecutiveDiscretion & the Rule of Law,” “Post-KeloReform,” and “American Law Schools: Envyof the World or General Motors Before theFall?” Video and audio of the panels, debates,and speeches may be found at http://www.fed-soc.org/publications/id.499/default.asp.
The conference also featured a debate en-titled “Is the D.C. Gun Ban Unconstitution-al?” between Prof. Nelson Lund of GeorgeMason University Law School and formerlaw professor and New York City CouncilMember David Yassky, which was moderatedby Prof. Randy Barnett of the GeorgetownUniversity Law Center. Brooklyn UniversityHistory Prof. K.C. Johnson, who recently co-authored Until Proven Innocent, a book on theDuke Lacrosse Case, with Brookings fellowand Newsweek/National Journal legal corre-spondent Stuart Taylor, delivered an addresson “The Duke Lacrosse Case and theAcademy.”
Finally, eight, mostly younger, scholarsgave seven-minute presentations on worksin progress addressing topics ranging from“Originalism and the ‘Problem of Change’:The Many Mechanisms by Which Original-ism Accommodates Change” to “The Use ofActuarial Data in Interpreting Insurance &Other Contracts.”
For the fi rst time, the Faculty Divisionalso held its own event at the 25th Annual
Lawyers Convention, in Washington, D.C.this past November. Some thirty-fi ve facultymembers attended a special Division break-fast at which they discussed a wide variety oftopics relating to the Division’s activities. Inaddition, the Faculty Division took the leadin establishing another new Federalist Soci-ety project at the Convention. The Divisionorganized twelve breakfasts for twelve differ-ent law schools. The breakfasts were attendedby alumni, faculty, and students from thoseschools, and provided a great opportunityfor different generations of Federalists to getto know each other, and for alumni to catchup with their former professors and discussdevelopments at their law schools. In upcom-ing months, the Society anticipates followingup with additional events of this type, as wellas updating its database to refl ect members’law schools in order to notify them of eventsof this type in the future.
Feedback from Faculty Division Confer-ence attendees continues to affi rm theimmense value of the conference for thescholars. They report their scholarship hasbeen signifi cantly improved by the inter-change of ideas with other academics at theconference. These annual meetings energizethe faculty members, who must daily ad-dress the biases that exist in the legal academy.Most importantly, they offer the opportu-nity for the interchange of ideas and reviewof each other’s work that is invaluable forscholars. The Faculty Division Conferenceprovides an opportunity for these professorsto share ideas and scholarship with each otherthat will facilitate the intellectually seriousdiscussions we hope to promote in an effortto advance traditional legal principles in thelegal academy and beyond.
Prof. G. Marcus Cole of Stanford Law School and Prof.Lillian BeVier of the University of Virginia School of Lawdebated “Government Promotion of Moral Issues” at the2007 Student Symposium at Northwestern UniversitySchool of Law.
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With the appointment of FederalistSociety co-founder Lee Liberman Otis asthe full-time director of the Faculty Division,we anticipate being able to further developour ability to serve as the center of a vigor-ous community of faculty members who arededicated to adding to the discussion in thelegal academy.
Conference DiscussesLegal Contributionsof Judge Robert H. Bork
As part of its twenty-fi fth anniversarycommemoration, the Federalist Society hon-ored Judge Robert H. Bork in a day-longconference discussing his achievements andcontributions to the legal culture. The Con-ference was a fi tting tribute to Judge Borkand was very well attended. It included manywho have worked with Judge Bork over hismany years of public service.
The Conference, held at the Mayfl owerHotel in Washington, D.C. on June 26th, beganwith an opening address by Prof. StevenG. Calabresi of Northwestern UniversitySchool of Law, who is Chairman of theFederalist Society’s Board of Directors.The Conference continued with four panelsdiscussing some of the topics that Judge Borkhas written about, beginning with a panelon judicial philosophy and originalism, basedon principles in Judge Bork’s The Tempting ofAmerica: The Political Seduction of the Law. Thepanel featured Prof. John C. Harrison ofUniversity of Virginia School of Law, Prof.Kurt T. Lash of Loyola Law School, Prof.Saikrishna B. Prakash of University of SanDiego School of Law, and Prof. Jonathan R.Turley of The George Washington Univer-sity Law School. The panel was moderated
by Hon. Edwin Meese III of the HeritageFoundation. The next panel discussed com-petition law and the free market, and JudgeBork’s book The Antitrust Paradox: A Policyat War with Itself. Panelists included JudgeFrank H. Easterbrook of the U.S. Court ofAppeals, Seventh Circuit, Judge Douglas H.Ginsburg of the U.S. Court of Appeals, D.C.Circuit, and Prof. George L. Priest of YaleLaw School. Dean Bernard Dobranskiof Ave Maria School of Law served asmoderator.
The Conference lunch was opened bythe Hon. Theodore Olson, former U.S.Solicitor General, and featured “A Conversa-tion with Judge Robert H. Bork” conductedby Judge A. Raymond Randolph of theU.S. Court of Appeals, D.C. Circuit. Theluncheon also featured a documentary videoproduced by the Federalist Society discussingJudge Bork’s life and achievements.
The Conference continued with a paneldiscussing law and culture issues raised inSlouching Towards Gomorrah: Modern Liberal-ism and American Decline. The panel includedProf. Steven G. Calabresi, Prof. RobertGeorge from the Department of Politics atPrinceton University, Prof. Ilya Somin ofGeorge Mason University School of Law,with the Hon. Daniel E. Troy of SidleyAustin serving as moderator. The Conferenceconcluded with a panel discussing interna-tional law and Judge Bork’s book, CoercingVirtue: The Worldwide Rule of Judges. The panelfeatured Prof. Gregory Maggs of TheGeorge Washington University Law School,Prof. Jeremy A. Rabkin of George MasonUniversity School of Law, and Prof. JohnYoo of University of California, BerkeleySchool of Law-Boalt Hall. Robert J.Giuffra Jr. of Sullivan & Cromwell served asmoderator.
Judge Robert H. Bork and his wife Mary Ellen pause by a placard announcing the Federalist Society event honoring hisservice to the country.
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LEGAL ISSUESThe Federalist Society’s 15 Practice Groupshave developed into an effi cient mecha-nism for disseminating traditional legal ideasthrough events and scholarship on nearly ev-ery current legal subject. In 2007, this workcontinued, as the nationwide Practice Groupsreached even greater numbers of interestedparticipants.
In February, the Federalism & Sepa-ration of Powers Practice Group helda panel at the National Press Club in Wash-ington, D.C. called “Congressional Oversightvs. Executive Privilege.” The panel featuredChris Bartolomucci of Hogan & Hartson,Douglas R. Cox of Gibson, Dunn &Crutcher LLP, Hon. Walter E. Dellinger IIIof O’Melveny & Myers and Former InterimU.S. Solicitor General, and Dr. Louis Fisher,Constitutional Law Specialist for the LawLibrary of the Library of Congress, with Ed-ward Whelan III, President, Ethics and PublicPolicy Center, serving as moderator.
The Federalism & Separation ofPowers Practice Group also hosted a time-
ly panel discussing the U.S Attorney fi rings.The panelists included Mark D. Agrast, SeniorFellow at the Center for American Progress,Andrew McCarthy, Foundation for Defenseof Democracies, Prof. Jonathan Turley of TheGeorge Washington School of Law, and Ed-ward Whelan III, President of the Ethics andPublic Policy Center.
The Administrative Law & Regula-tion Practice Group hosted a conferencein October at the University of MinnesotaSchool of Law entitled “The Future of TaxShelters.” The conference brought togethertop tax scholars and professionals as well asscholars from other disciplines to evaluatethe present and future of tax shelters. TheVirginia Tax Review published the sympo-sium essays. The program was co-sponsoredby Deloitte Tax LLP and the University ofMinnesota Institute for Law & Economics,and was organized by Prof. Kristin Hickmanof the University of Minnesota Law School.
The Administrative Law & Regula-tion and the Environmental Law &Property Rights Practice Groups,co-sponsored a panel entitled “Renew-able Energy: Practical Alternatives or CostlyDiversion of Resources?” in Raleigh, North
Carolina, in early June. As renewable energyhas become a buzzword for policymakers,this panel addressed how the state and federalgovernment have advocated renewable energy.Jeffrey Clark of Kirkland & Ellis LLP, KennethGreen of the American Enterprise Institute,and Sam Watson, Senior Staff Attorney forthe North Carolina Utilities Commissionexplored these questions.
Judge Diane Sykes, U.S.Court of Appeals for theSeventh Circuit, moderateda Convention panel on“The Role of Religionin Public Debate,” puttogether by the ReligiousLiberties Practice Group.
In addition to co-sponsoring the panelon renewable energy, the EnvironmentalLaw & Property Rights Practice Groupalso hosted a live web cast entitled “Pluralitiesand Concurrences-How Should the CourtsInterpret Split Decisions?” in late June.The Supreme Court occasionally rendersplurality opinions, which may involve 4-1-4decisions or any number of other formula-tions of justices where no clear majorityon particular issues emerges. These plural-ity opinions often address signifi cant issues,yet, due to the lack of a clear majority, arediffi cult for both the lower courts and theregulated community to interpret and apply.Various perspectives were offered by Prof.
Dean John Eastman, Chapman University School of Lawand Prof. Marci Hamilton, Yeshiva University, BenjaminN. Cardozo School of Law, participated in a panelexamining “Federalism: Religion, Early America and theFourteenth Amendment.” The panel was sponsored bythe Federalism Practice Group.
Unde r t h e au sp i c e sof the CorporationsPractice Group, GeorgeTerwillliger III, White &Case, former Deputy U.S.Attorney General, waspart of a panel entitled,“Is the U.S. Reg imeUndermining AmericanCompetitiveness?” .
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the legal questions underlying the Stoneridgecase, while the second panel focused on thepolicy questions at issue in Stoneridge, with aparticular emphasis on how this case couldaffect the interests of shareholders, consum-ers, the business community, and U.S. com-petitiveness. For the debate, Eric Isaacsonof Coughlin Stoia et al., and Ashley Parrishof Kirkland & Ellis each had the opportu-
tions that agree to waive the attorney-clientprivilege are deemed to be “cooperating,”and therefore entitled to special consider-ation during investigation and even sentenc-ing. The Heritage Foundation’s Hon. EdwinMeese III, Former U.S. Attorney General,delivered the introductory remarks. Thepanel included the Hon. George TerwilligerIII, former U.S. Deputy Attorney Generaland member of the Practice Group ExecutiveCommittee, and the Hon. Larry D. Thompsonof Pepsico, also former U.S. Deputy AttorneyGeneral.
At the beginning of April, the CivilRights Practice Group hosted a pair ofpanels analyzing “Alternatives to Affi rmativeAction After the Michigan Civil Rights Ini-tiative.” The program took place at MichiganState Law School and was repeated at theUniversity of Michigan Law School. Thepanels considered the legal and policy ques-tions surrounding Michigan law schools’ plansto revise admissions criteria for the purposeof achieving particular racial outcomes. Thesepanels addressed 1) whether the MichiganCivil Rights Initiative prohibits the universi-ties from designing their admissions criteria inan effort to limit the percentage of white andAsian students who are admitted; 2) whetherthe U.S. Constitution or other federal lawsmight prohibit this after the Grutter and Gratzdecisions; and, 3) whether basing admissionsdecisions on whatever factors can be found tocorrelate with race will undermine the qual-ity of the students admitted to the universities.
In April 2007, the International & Na-tional Security Law Practice Group helda panel discussing, “Are American Businessesa Threat to American Sovereignty?” The panel
Donald Kochan of Chapman UniversitySchool of Law, Gene Schaerr of Winston &Strawn LLP, Prof. Louis Michael Seidmanof Georgetown University Law Center, andJudge David Sentelle of the U.S. Court of Ap-peals, D.C. Circuit.
The Corporations, Securities &Antitrust Practice Group hosted a confer-ence in New York entitled “Does ProcedureDominate Substance?: Of Class Actions andPretrial Motions” in September. The fi rstpanel examined the standards for certifying aclass in class actions. The panel was moderat-ed by David S. Evans, Chairman of eSapience,Ltd., and included Prof. Richard Epstein ofthe University of Chicago Law School, Prof.Samuel Issacharoff of New York UniversitySchool of Law, and Prof. Richard Nagaredaof Vanderbilt University Law School. Thesecond panel, on pretrial motions to dismissand summary judgment, included Prof. KeithHylton of Boston University School of Law,Prof. Geoffrey Miller of New York Univer-sity School of Law, and J. Douglas Richardsof Milberg Weiss. The moderator was Prof.Jack H. Friedenthal of The George Washing-ton University Law School. The conferenceconcluded with a lunchtime address by DavidBoies, Chairman of Boies, Schiller & Flexner.
Case Western University School of Lawjoined with the Corporations, Securi-ties & Antitrust and the Litigation Prac-tice Groups to host an October confer-ence on “Scheme Liability, Section 10(b),and Stoneridge Investment Partners v. Scientifi cAtlanta.” The conference, which includeda live video broadcast through the CaseWestern website, consisted of two panelsand a debate. The fi rst panel focused on
nity to present the strongest case for theirrespective fi rms’ position on Stoneridge.
Along with the Heritage Foundation, theCorporations, Securities & Antitrust, andthe Criminal Law & Procedure PracticeGroups hosted a panel entitled “The Fu-ture of the Attorney-Client Relationship inWhite-Collar Prosecutions.” The programanalyzed the issues surrounding the JusticeDepartment’s current policies and practicesfor investigating and prosecuting businessorganizations. Under current policy, corpora-
The International & National Security Law PracticeGroup sponsored a showcase panel on “The Constitution& American Exceptionalism: Citation of Foreign Law.”Judge Frank H. Easterbrook, U.S. Court of Appeals for theSeventh Circuit, and Prof. Nicholas Quinn Rosenkranz ofGeorgetown Law Center and a Federalist Society Boardof Visitors member participated in the panel discussion.
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sexplored the practice of American businesses,having received an unfavorable outcome inU.S. courts or agencies, particularly in anti-competition cases, taking their disputes tomultinational authorities (such as the EU)or to foreign courts and other internationalbodies. The panel participants were RonaldCass, Dean Emeritus of Boston UniversitySchool of Law, and President of Cass & As-sociates, PC; Albert A. Foer, President, TheAmerican Antitrust Institute; Prof. KeithHylton, Boston University School of Law; R.Hewitt Pate, Hunton & Williams; and Lor-raine Woellert, Business Week, who served asmoderator.
In late September, this Practice Group, inconjunction with the American EnterpriseInstitute, co-hosted a conference on the U.S.Supreme Court case, Medellín v. Texas, con-cerning the extent of executive authority toenforce non-self-executing treaties (in thiscase, the United Nations Charter, to whichthe U.S. is a signatory). Two panels examinedthis question. The fi rst, composed of TheGeorge Washington University Law SchoolProf. Michael J. Matheson, NorthwesternUniversity School of Law Prof. John Mc-Ginnis, and Catholic University of AmericaColumbus School of Law Prof. Peter B. “Bo”Rutledge, considered whether decisions ofthe International Court of Justice were bind-ing on the United States. University of Cali-fornia at Berkeley School of Law Professorand former Deputy Assistant U.S. AttorneyGeneral John Yoo moderated the panel. Thesecond panel, consisting of Texas SolicitorGeneral R. Ted Cruz, University of San Di-ego School of Law Prof. Michael D. Ramsey,and The George Washington University LawSchool Prof. Edward T. Swaine, considered the
legal rationale for the Bush Administration’sposition and the specifi c extent of and limita-tions on presidential authority to act, pursuantto his diplomatic affairs powers. Moderatingthe second panel was former U.S. State De-partment Legal Adviser Edwin D. Williamson,now of Sullivan & Cromwell.
The International & NationalSecurity Law Practice Group also spon-sored a program discussing the United Na-tions Convention on the Law of the Sea inlate June at the Heritage Foundation. Thepanel featured Frank Gaffney of the Centerfor Security Policy; Prof. John Norton Mooreof the University of Virginia School of Law,and Director of the Center for NationalSecurity Law and the Center for OceansLaw and Policy; Baker Spring, F.M. KirbyResearch Fellow in National Security Policy,The Heritage Foundation, and Rear Admi-ral William D. Baumgartner, Judge AdvocateGeneral, U.S. Coast Guard.
The Practice Group also partnered withthe LSU Law Center and USAID to spon-sor a two-part series on U.S. Security, Tradeand Development. The series began with
a keynote address by Ambassador John R.Bolton, American Enterprise Institute, andwas followed by a panel discussion on prop-erty rights. The second installment in theseries featured a keynote address by WilliamKristol, editor, The Weekly Standard. Theprogram continued with a panel discussion on“Business Organization and De-regulation,”which was followed by a luncheon address byEverett Eissenstat, Assistant U.S. Trade Repre-sentative for the Americas, Offi ce of the U.S.
Prof. Michael S. Paulsen, St. Thomas School of Law andProf. Neal Katyal, Georgetown University Law Center,both participated in a showcase panel on “AmericanExceptionalism, the War on Terror and the Rule of Lawin the Islamic World.”
Trade Representative and a concluding paneldiscussing “Commercial Confl ict Resolu-tion: the Court Systems and Arbitration.”
The Labor & Employment LawPractice Group hosted a very timelydebate in January on the Washington Statestatute banning the use of union dues col-lected from non-profi t employees for politicalactivities without the individual employee’sexpress consent. Washington State enactedits statute via public referendum, but thestatute was overturned by the WashingtonSupreme Court on constitutional grounds.Washington State appealed the ruling to
Judge Michael McConnell of the U.S. Court of Appealsfor the Tenth Circuit moderated a panel on “RestrictingParental Speech.” Prof. Eugene Volokh, University ofCalifornia, Los Angeles School of Law, participated inthe panel sponsored by the Free Speech & Election LawPractice Group.
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the U.S. Supreme Court. This panel wasco-sponsored by the Free Speech & Elec-tion Law Practice Group and includedWashington Attorney General Rob McKennawho argued Washington v. Washington EducationAssociation before the U.S. Supreme Court.
In March, the Labor & EmploymentLaw Practice Group held a panel discus-sion on Capitol Hill considering the merits ofthe Employee Free Choice Act, which wouldcodify the practice of allowing union organiz-ers to submit a union certifi cation applica-tion to the National Labor Relations Boardafter procuring enough signatures on unionmembership cards to constitute a majorityof workers in a given unit. Currently, suchpractices violate NLRB requirements for a se-cret ballot election. Charlotte Montiel of theU.S. Senate Republican Steering Committeeand former NLRB member John N. Raud-abaugh maintained that there was potentialfor abuse and intimidation by union organiz-ers under the EFCA proposal. Brian V. Ken-nedy, the General Counsel of the U.S. Houseof Representatives’ Committee on Educa-tion and Labor and former NLRB memberSarah M. Fox both defended the proposal asa more effective way for employees to exer-cise their rights to form a union and col-lectively bargain without employer intimida-tion. Former NLRB General Counsel JohnS. Irving moderated and offered some of hisown perspectives from his days at the NLRB.
In July, the Labor & EmploymentLaw Practice Group resurrected a programconcept originally held in 2002. In our “La-bor Briefi ng II” panel, key legal heads fromthe three federal agencies gave an overviewof recent signifi cant cases and recent agency
initiatives. Participating were Equal Employ-ment Opportunity Commission GeneralCounsel Ronald S. Cooper, National LaborRelations Board General Counsel Ronald E.Meisburg, and the Acting U.S. Departmentof Labor Solicitor Jonathan L. Snare. Mod-erating the briefi ng was a participant in theoriginal Labor Briefi ng, former U.S. Depart-ment of Labor Solicitor Eugene Scalia.
The Litigation and the ProfessionalResponsibility & Legal Education Prac-tice Groups co-sponsored a panel discussionin October on “Mass Fraud in Mass Torts.”Cardozo School of Law Prof. Lester Brick-man presented a paper documenting variousinstances where science has been manipulatedby expert witnesses and plaintiffs’ counsel toportray a distorted picture of causation anddefendants’ liability. He was joined in mak-ing his argument by Patrick M. Hanlon ofGoodwin Procter LLP. Joseph F. Rice ofthe fi rm of Motley Rice argued that thelegal system operated effectively to mediate
competing scientifi c claims, and asserted thatdiscoveries of fraud only proved the effi cacyof the system in sorting out the facts. DukeLaw School Prof. Francis E. McGovernweighed in on the side of the existing regime.D.C. Circuit Court of Appeals Judge Doug-las H. Ginsburg served as the moderator.
In June, the Litigation and the Profes-sional Responsibility & Legal EducationPractice Groups also co-sponsored a pairof panels on the ethical considerations ofplaintiff ’s counsel accepting cases on a con-tingency fee basis, particularly in light of thehuge awards often given in class action cases,where some argue the plaintiff ’s attorneysbecome an interested party in the settlement.The panels were co-hosted by our LawyersChapters in Austin and Houston, Texas.
The Religious Liberties PracticeGroup continued its panel discussion seriesin partnership with the Pew Forum on Re-ligion & Public Life. In September, the twogroups, along with the American ConstitutionSociety, hosted a debate titled “ConscienceClauses: First Amendment Right or Uncon-stitutional Barrier to Medical Care?” The de-bate between Becket Fund for Religious Lib-erty Founder and Chairman Kevin J. Hassonand National Women’s Law Center SeniorCounsel Jill Morrison considered the meritsof statutes that authorize pharmacists to refuseto fi ll prescriptions or refer patients in contra-vention of their consciences, as informed bytheir religious beliefs. In November, the threegroups joined again to present a preview oftwo partial-birth abortion cases (Gonzales v.Carhart and Gonzales v. Planned Parenthood)on the eve of their argument in the U.S.Supreme Court. After the decision was issued
The Labor Practice Group arranged a panel entitled“Labor:The Labor Movement, NGOs, International LaborStandards and American Values,” which was moderatedby Judge David Sentelle, U.S. Court of Appeals for theD.C. Circuit.
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in June, the three groups came together witha follow-up panel. The Court upheld the fed-eral Partial-Birth Abortion Ban Act of 2003,establishing a concrete precedent for allowingabortion restrictions without making an ex-plicit exception to protect a mother’s health.Panelists examined the degree to which theCourt’s ruling was consistent with or counterto abortion jurisprudence of the past 35 years,primarily focusing on Roe v. Wade and Casey v.Planned Parenthood of Southeastern Pennsylvania.
The Religious Liberties PracticeGroup, in conjunction with our Los AngelesLawyers Chapter, held a debate about Cali-fornia’s Proposition 22, which established thatthe term “marriage” can only be conferredon heterosexual couples. Our panel includedDean Kenneth W. Starr of Pepperdine Uni-versity School of Law, David C. Codell of theLaw Offi ce of David C. Codell, Dean JohnEastman of Chapman University Law School,and Center for Lesbian Rights Legal DirectorShannon Price Minter. Practice GroupsDirector Dean A. Reuter served as themoderator.
In May the Financial Services &E-Commerce Practice Group hosteda half-day program on “Basel Risk-BasedCapitol Standards: Are they Workable?” U.S.Senator Chuck Hagel delivered the luncheonkeynote address. The program began witha panel detailing the background of Basel.The second panel discussed the ideal Baselwith panelists Wayne A. Abernathy of theAmerican Bankers Association and formerAssistant Secretary for Financial Institutions,U.S. Department of Treasury, Karen ShawPetrou of Federal Financial Analytics, MichaelRoster, Former Executive Vice President andGeneral Counsel at Golden West FinancialCorporation, and Charles Taylor, Director,Operational Risk of the Risk ManagementAssociation. Prof. Keith R. Fisher, Michi-gan State University College of Law, servedas moderator. This program was co-spon-sored by the American Bankers Association.
The Free Speech & Election LawPractice Group co-sponsored a discussion,with the Columbus, Ohio Chapter, entitled“Journalists’ Privilege” last March. Panelistsincluded Prof. Susan Gilles of Capital Univer-sity Law, Darrell Heckman, Former Cham-paign County Prosecuting Attorney, andJane Kirtley, Professor of Media Ethics andLaw at the University of Minnesota. JudgeJeffrey Sutton, U.S. Court of Appeals, SixthCircuit, served as moderator.
In March, the Intellectual PropertyPractice Group hosted “Are Patents ‘PrivateProperty’ Under the Fifth Amendment?”discussing doctrinal, policy, and historicalissues raised by the increasingly importantconstitutional question of whether patents aresecured under the Takings Clause as “private
property.” The panel included Prof. ShubhaGhosh, Southern Methodist University,Dedman School of Law, Michael A. Gollinof Venable LLP, Dean A. Monco of WoodPhillips, and Prof. Adam Mossoff of Michi-gan State University College of Law. Hon.Loren A. Smith, U.S. Court of Federal Claims,served as moderator.
The Telecommunications & Elec-tronic Media Practice Group hosted akeynote address early in the year by Hon.Deborah Taylor Tate of the Federal Com-munications Commission on the future ofUniversal Service, the ten percent fee phonecustomers are obliged to pay. The $7 billion ayear garnered by the fee is designed to guar-antee affordable telephone service to ruraland low-income Americans, to reduce Inter-net connection costs for schools and libraries,and to enhance connectivity for rural healthcare providers. After her address, a roundtablediscussion of leaders from Capitol Hill andvarious industry sectors explored solutions tothe problem of reshaping Universal Servicefor the digital age.
With James S. Burling (right) of the Pacifi c LegalFoundation moderating, Judge Alex Kozinski, U.S. Courtof Appeals for the Ninth Circuit, participates in a livelydebate with Judge Stephen Reinhardt, also of the NinthCircuit, who has opposing views. The debate was set upby the Environmental Law and Property Rights PracticeGroup.
Former Chairman of theIntellectual Property PracticeGroup Prof. F. Scott Kieffof Washington UniversityLaw School offered hisexpertise on a panel examiningthe internationalization ofintellectual property.
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ON STATE COURTSIn 2007, the State Courts Project expandedits portfolio to include several states wherejudicial selection system reforms were beingintroduced by the state legislature and dis-cussed by the press and the public, includingMissouri, Tennessee, and Kansas. Wisconsinwas also an important focus of attention, asthere was an impending judicial election ofsome consequence that could be used as avehicle for debating role of court issues.
and discussion about the Wisconsin SupremeCourt. The Project recruited a team of locallegal experts to talk to the press about currentand future work of the supreme court andthe proper role of judges. The purpose of theprogram was to spark a more balanced andintelligent debate about whether the Wis-consin Supreme Court has been respectingits limited constitutional role. The followingwere the project components:
• Media-trained local legal experts, speakingfor themselves, were made available tothe press for commentary on the Wiscon-sin Supreme Court’s jurisprudence and theproper role of the Court. The legal expertswere featured on radio, were quoted innewspapers, and published op-ed articles.
• The Federalist Society hired a polling fi rm(the polling company™, inc.) to conduct apre-election survey of Wisconsin citizens.
The survey tested the awareness and un-derstanding of the process by which statesupreme court justices are elected as well ascitizens’ familiarity with the candidates andgeneral opinion of the Wisconsin SupremeCourt and its decisions. One result showedthat 72% of Wisconsin citizens believe judg-es should interpret the law as it is writtenand not take into account their own view-points and experiences. There was extensivecoverage of the poll results from many me-dia outlets, including Wisconsin Public Ra-dio, and release of the poll results generatedadditional media interest in the legal expertsbeing made available by the Federalist Soci-ety to comment on the supreme court race.
• A Wisconsin Supreme Court white paperacted as a news peg and was promoted tomedia throughout the state. The author,Prof. Rick Esenberg, was made availableto the press for commentary, and the paperitself served as a useful reference resourcefor press covering the supreme court elec-tion. In fact, John Fund noted in The WallStreet Journal that Wisconsin business groups“widely distributed ‘A Court Unbound?’ acritique of [the court’s] decisions by a prom-inent Wisconsin lawyer which was publishedby the Federalist Society.” The FederalistSociety white paper, its author, and pre-
Prof. Rick Esenberg ofMarquette UniversitySchool of Law authoreda white paper on thejur isprudence of theWisconsin SupremeCourt.
The approach in each of these statesconsists of three elements: an in-state earnedmedia push involving media training andbooking of local legal experts; events invarious cities throughout targeted states;and unique scholarship on the state of statesupreme court jurisprudence written by toplaw professors and practicing attorneys. Thepurpose of these efforts remains the same: toprovide accessible information to the pressand the public that will serve as a catalystfor real, meaningful debate and discussionabout state constitutional and general legaljurisprudence; and to condition the envi-ronment for more productive attention tothe role of state supreme courts and thejudiciary more generally in our constitu-tional system, both now and in the future.
WisconsinJudicial elections provide prime op-
portunities to focus public attention on statecourt jurisprudence. Prior to the April 2007Wisconsin State Supreme Court election,the State Courts Project launched a state-wide educational program to foster debate
A COURT UNBOUND? THE RECENT JURISPRUDENCE OF THE WISCONSIN SUPREME COURT
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telection poll results were also featured in theWisconsin State Journal and La Crosse Tribune.
The week before the election, the Mil-waukee Chapter of the Federalist Societysponsored a luncheon event at the MilwaukeeBar Association. Milwaukee CountyCircuit Court Judge Michael Brennan in-troduced Prof. Esenberg who discussed thefi ndings of his white paper and the mostrecent rulings of the Wisconsin SupremeCourt. The audience included many statecourt judges, leaders of the bar, and repre-sentatives from local policy organizations.
Missouri, Tennessee, and KansasIn addition to fostering dialogue sur-
rounding state judicial elections, the StateCourts Project has entered the debate overstate judicial selection methods. State ap-pellate court judges are selected by differentprocesses in different states: some by elec-tions, some by gubernatorial appointment,and some by “merit selection,” a processwhere a judicial nominating commissionsubmits a list of judicial candidates fromwhom the governor must choose to fi ll acourt opening. Several states are consideringchanging how judges are selected for theirhighest courts, and the Federalist Societyhas encouraged and strengthened discussionof judicial selection issues in these states.
The process of “merit selection” wasdeveloped in Missouri and has since beenknown as the Missouri Plan. Since the initialpassage of the Missouri Plan in 1940, twentyother states and the District of Columbia haveadopted some form of the Plan. Critics ofthe Missouri Plan contend that the Missourijudicial selection commission is devoid ofany executive or legislative check, and there-
fore among the most insulated from publicinput and least accountable in the country.Proponents of the Plan, however, contendthat judicial applicant quality is improvedby having this pre-appointment screeningprocess involve state bar lawyers, and that theinfl uence of partisan politics is diminished.Our Missouri effort – which has resulted inthree Wall Street Journal editorials – included:
• The Federalist Society commissioned a pollof Missourians to survey their knowledgeof the Plan and to probe their views aboutthe judicial function. Local press outletsthat covered the poll results included theSt. Louis-Post Dispatch, Jefferson City NewsTribune, and the Missouri Lawyers Weekly.
• Similar to the Wisconsin State CourtsMedia Program, the Federalist Societyfacilitated statewide media appearances bylocal legal experts. These media-trainedattorneys, speaking for themselves, weremade available to press for commentaryon proposed reforms to the Missouri Plan,recent jurisprudence of the Missouri Su-preme Court, and the proper role of thecourts and judges. The legal experts werefeatured on radio, were quoted in news-papers, and produced op-ed articles. Forexample, the St. Louis Post-Dispatch andJefferson City News Tribune quoted Federal-ist Society legal experts and poll results intheir articles on Missouri Plan reform.
• The Federalist Society organized a numberof events in both St. Louis and Kansas City.Several of these were styled as debates, andfeatured a number of distinguished speak-ers, including Governor Matt Blunt, CircuitCourt Judge Robert H. Dierker Jr., andDouglas Copeland, former president of
the Missouri Bar Association, and formerGovernor Bob Holden. A number of mediaoutlets covered the events, including the St.Louis Post-Dispatch, the Kansas City Star, andKansas City Daily Record.
• The Federalist Society published a whitepaper on Missouri Supreme Court juris-prudence over the last fi fteen years and thestatus of the current court. The paper, TheConsequences of Judicial Selection: A Review ofthe Supreme Court of Missouri, 1992-2007,is co-authored by Prof.William Eckhardtof the University of Missouri-Kansas CitySchool of Law, and John Hilton, formerclerk to Judge Duane Benton of the U.S.Court of Appeals, Eighth Circuit. Thewhite paper and its authors have receivedextensive state and national press coverage.
As in Missouri, judges in Tennesseeand Kansas are also selected by “merit se-lection” and proposals for reform are be-ing discussed in these states. The FederalistSociety’s programs and white papers havegarnered signifi cant attention in these statesas well. All of the major newspapers in bothstates have covered these events and papers, aswell as a survey of citizens about the role ofcourts and judicial selection issues in Kansas.
As a result of all of the published whitepapers, event programming, educationalpolls, and outreach to media undertakenby the Federalist Society’s State CourtsProject in 2007, issues of state court juris-prudence are receiving a greater amountof attention from government offi cials, themedia, and the public than ever before.This is evidenced by the press attentiongarnered, which amounted to $2 millionin publicity value in just a few months.
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SOCIETY EXPANDS
MONITORING OF
INTERNATIONAL
ORGANIZATIONSSovereignty is a simple principle – namely,that a community should be free as an in-dependent political entity to make its ownlaws. Some have questioned whether theprinciple of American sovereignty, and itsattendant benefi ts to individual freedom, isthreatened by efforts to use internationaland foreign sources of law as a means ofsecuring a policy agenda here at home thatotherwise could not be achieved. There isa trend among American judges to invokeinternational sources of law to interpret ourConstitution and other U.S. laws. Some alsohave pressed the United States to adopt andcomply with the soft norms of internationallaw that are the hallmarks of the UnitedNations and other multilateral organiza-tions. The Federalist Society continues tostudy and monitor these concerns through itsInternational Law and Sovereignty Project.
The Project has two main goals. The fi rstis to monitor attempts to incorporate inter-national law into the American legal system.The Federalist Society and its Europeanvolunteers observe and participate in variousmeetings convened by the United Nationsand other international organizations, gener-ating reports on the activities and the agendasthat are pushed. Other volunteers track U.S.court cases. In the effort to make this quietprocess transparent, information collectedis transmitted to policy leaders, think tanks,businesses, scholars, and the press, with the
idea that more awareness will help ensure thatno potentially damaging legislation will passunnoticed. The second goal of the Projectconsists of balancing the debate about adopt-ing international legal norms, by addinganother voice to an often one-dimensionaldiscussion, a voice which reminds peopleof the indispensability of sovereignty prin-ciples. We take action by sponsoring speeches,panels, and debates, as well as by publishingarticles and scholarship meant to provokethought and encourage dialogue. Impor-tantly, since earned media has a multipliereffect, we prioritize the media training andmobilization of experts who can articulatethe impact of these legal trends, thereby dis-seminating much-needed, timely information.
The Federalist Society’s chapters inEurope - presently in Paris, London, andBrussels - are invaluable resources for accom-plishing the stated purposes of the project.These chapters have been instrumental inthe forging of a trans-Atlantic coalition of
Europeans who share Federal-ist Society ideas, including acommitment to the principles oflimited government, the rule oflaw and sovereignty. The workof these chapters also helps usidentify interested individualswho can aid us in monitor-ing and media outreach. OurParis chapter has been particu-larly active this year. Under theleadership of François-HenriBriard, the French Govern-ment relied heavily upon theParis group to help organizeChief Justice John Roberts’visit to France in July 2007.
Similar collaboration occurred in Octo-ber with a visit from California jurists.
The Federalist Society remains very ac-tive in the monitoring of activities of various
Chief Justice John Roberts and other U.S. Supreme Court justices meetwith French President Nicolas Sarkozy in Paris in September. François-Henri Briard of the Federalist Society was instrumental in arranging thevisit.
A large component of the International Law andSovereignty Project, the Global Governance Watchwebsite launched with this accessible homepage inlate March.
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international organizations in order to ensurethat there is a fair hearing for such issues asintellectual property protection principles. Wecontinue to make use of our media trainedexperts to help combat unquestioning accep-tance of diluted intellectual property rightsby providing a diversity of media coverage.The Society was present at the World HealthOrganization’s 120th Executive Board Sessionin Geneva in January 2007. The Society haspermanent observer status at the World Intel-lectual Property Organization (WIPO), andwas able to have a presence at the Assembliesmeeting in late September 2007. We remaininterested in any developments at the Councilon Human Rights and other, similar organiza-tions. Daily Reports from these meetings canbe accessed on the Federalist Society’s website.
Society representatives have opened adialogue with members of the EuropeanParliament, as well as with U.S. missions tothe UN, UNESCO, and the EU, with the
purpose of ensuring that intellectual propertyissues are the subject of a balanced dialogue.In October 2007, in preparation for the WorldHealth Organization’s (WHO) Intergovern-mental Working Group (IGWG) meetings inNovember, the Society helped to organizevisits to several key missions to the UN by agroup of experts. These experts briefed the
Dean Emeritus of Boston University Schoolof Law, and President of Cass & Associates,PC, gave a briefi ng to mission and otherinternational and pharmaceutical organiza-tion representatives entitled, “CompulsoryLicensing, Patent Pools and Public Health.”
Finally, in early December 2007, theFederalist Society hosted a briefi ng to discussthe recent draft of “Human Rights Guidelinesfor Pharmaceutical Companies in Relationto Access to Medicines” by Paul Hunt, UNSpecial Rapporteur on the Right to Health.
The Federalist Society, in partnershipwith the American Enterprise Institute(AEI), is in the process of restructuring itsNGOWatch website. Over the past year,both organizations have come to believethe need that NGOWatch sought to fi ll hadshifted from one of simply monitoring vari-ous NGOs to one of monitoring the globalgovernance movement as a whole. The newGlobal Governance Watch website, whichfocuses on four topical issue areas - HumanSecurity, National Security, Global Regula-tion, and Development - seeks to provide itsvisitors with a greater understanding of whatconstitutes global governance, and why itis important. The new website can beaccessed at www.globalgovernancewatch.org.
François-Henri Briard, president of the FederalistSociety’s Paris Chapter, moderates the Corporations panelon American competitiveness at the National LawyersConvention.
trade offi cials at the missions on the IGWGreport that was published in late July 2007,and which has been said to greatly overstepthe mandate of the WHO. Former USAIDGeneral Counsel John Gardner also authoredtwo important papers for the FederalistSociety that explored the problems with theIGWG report, which were sent to all of thepermanent missions to the UN in Geneva,as well as to key pharmaceutical industryplayers. In addition, during the WHO’sIGWG meetings in the fall, Ronald Cass,
by John S. Gardner
OCTOBER
2007A Federalist Society White Paper
Reconciling Intellectual Property & Public Health
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SPECIAL PROJECTS
COMMEMORATE
SILVER ANNIVERSARY
2007 Separation of PowersCourse Remains PopularU.S. Supreme Court Justice AntoninScalia and Prof. John Baker Jr. of thePaul Hebert Law Center of Louisiana StateUniversity presented their biennial Separa-tion of Powers CLE Course on September 10and 11, 2007. The 10 hour CLE course wasoffered at the Ritz-Carlton, Bachelor Gulchin Avon, Colorado. The course was extremelypopular and offered a unique opportunity forattendees to receive instruction directly froma Supreme Court Justice.
Federal Society OrganizesIraqi Judicial Conference
At the request of the State Department,the Federalist Society hosted approximatelytwenty members of the Iraqi and Kurdish BarAssociations in Washington, D.C. for a day-long conference in November designed toexplore how the rule of law and the integrityof the legal profession can be fostered throughthe formation of bar associations. Severallegal academics, distinguished attorneys,and senior Federalist Society staff addressedtheoretical concepts and principles, as well aspractical opportunities for structuring the bar.Presentations stressed the merits and stabilityof a legal community unifi ed by professionrather than by religious or political affi lia-tion, and emphasized the power that such aunifi ed body, free from governmental controland intervention, can wield to effect positive
change in the legal system. These ideas werepresented as a contrast to the current state offragmentation in the Iraqi and Kurdish legalsystems, in which there is little to no con-nection or communication between lawyers,judges, law students, and law professors.
25th Anniversary VideoTells Society’s Story
As part of the Federalist Society’s an-niversary celebration, the Society produceda twelve minute video that highlights theachievements of the Society over the last 25years. The stirring video includes interviewsfrom U.S. Supreme Court Chief Justice JohnG. Roberts and Justices Antonin Scalia, Clar-ence Thomas and Samuel Alito, and a numberof Society participants. The video features aninteresting look at the Society’s history, with
clips from each of the founders, and a discus-sion of what the Society has accomplished,by many who have supported its efforts sinceits inception. The 25th Anniversary Video canbe found at our website, www.fed-soc.org.
The three founders of theFederal i s t Society, StevenG. Calabresi, Lee Liberman Otisand David M. McIntosh,were awarded the 2007 SalvatoriPrize for American Citizenshipby the Heritage Foundation. Theprize includes a monetary awardof $25,000, which the founderscontributed to the Society forthe further advancement ofits mission. The founders arepictured here holding theirawards with Federalist SocietyPresident Eugene B. Meyer(center), and Counselor T.Kenneth Cribb (right).
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Publicity Valueby Media Type
By assisting with the placement of editorials and the arrangement of media interviews for select legalexperts with television, print, radio, and online news reporters, the Federalist Society has raised publicawareness on important legal issues of the day through signifi cant media coverage. The graph aboveillustrates the results of this effort.
Total Media Impressions:138.3 million people
Total Publicity Value:$8.01 million
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Engage. The fl agship of Federalist Societypublications, Engage has until last year ap-peared twice a year in print-bound version.We are pleased to say that a third hardcoverissue has been added. Ideas are generated byour fi fteen PracticeGroup executivecommittees. Articlesin 2007 discussedclimate changelitigation, the ViennaConvention, univer-sal jurisdiction, NSAsurveillance, theCarhart decision, theSeattle Schools case,the Roberts Court’smental health and antitrust rulings, attorneys’fees in class actions, gasoline regulation andmany exciting book titles and other topics.Transcripts from the 2007 National LawyersConvention will appear in more than twelvelaw reviews in 2008.
The Federalist Society has always placed avery high premium on its ability to bringdebate and scholarship to the public. To thatend, the publications arm of the organizationhas grown apace with the organization itself,so that there are now three regular newsletters
dealing withvarious legalinstitutions andphenomena, ascholarly journal ofconsiderable length,a member maga-zine and frequentwhite papers on avariety of topics.The organization
screens its publications rigorously, feeling anobligation to its members in law school, thebar, the judiciary and elsewhere, to providequality material that is informative, rel-evant, and balanced; for that reason, whenSociety publications stake out opinions, thereader is directed to contrary viewpoints.
In observance of its twenty-fi fth anniver-sary, the Federalist Society worked with EaglePublishing to produce a book titled Original-ism: A Quarter-Century of Debate, an impres-sive collection of speeches, panel discussions,and debates on the subject from some of thegreatest and most prominent legal expertsof the last twenty-fi ve years. The bookfeatures an introduction by Federalist Societyco-founder Prof. Steven G. Calabresi, a fore-word by U.S. Supreme Court Justice AntoninScalia and an epilogue by former U.S.Solicitor General Theodore Olson.
ABA Watch. One of the Society’s mostpopular publications, ABA Watch, is a semi-annual newsletter, timed to coincide withthe American Bar Association’s mid-year andannual meetings, and is meant to help readersform an independentopinion of the orga-nization. The winterissue featured tes-timony from thedispute over ABAprocedures connect-ed with theMichael Wallacenomination to theU.S. Court of Ap-peals, articles on theABA’s various stances on the War on Terror,and recommendations on judicial conduct,gun control, law student participation in probono activities, Katrina, state secrets privilege,and judicial independence. ABA Watch willcontinue to provide information on the
The Journal of the Federalist Society Practice Groups
NOTA BENE
No Big Surprise: A Review of the Seattle Schools Caseby Harry J.F. Korrell
The Roberts Court’s Antitrust Jurisprudence: The Chicago School Marches On
by Joshua D. Wright
Minding Moral Responsibility: The Supreme Court’s Recent Mental Health Rulings
by Steven K. Erickson
Can the Golden State Catch a Greenhouse Waiver?by Jonathan H. Adler
How Patents Can Help Those Interested in the Environment and World Health
by F. Scott Kieff
New Opportunities for Defendants in Securities Class Actionsby Francis J. Menton, Jr.
BOOK REVIEWS
David’s Hammer, Silence and Freedom, The Constitution’s Text in Foreign Affairs,
Until Proven Innocent, The Founders on Citizenship & Immigration
Volume 8, Issue 4 October 2007
Project of the E.L. Wiegand Practice Groups
INSID
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AUGUST2007
ABAWATCH
Th e ABA and Environmental Law
Recommendations
on the Katrina
Commission, State
Secrets Privilege,
and Judicial
Independence To Be
Considered
By the House of
Delegates at ABA
Annual Meeting
Page 2
Young Lawyers
Division
Debate on
“Super-Majority”
to Take Policy
Positions
Page 3
Law Student
Participation in
Pro Bono Activities
Page 6
Continued on page 20
Continued on page 16
The American Bar Association has
not assumed a particularly visible
or controversial role in influencing
environmental law and policy. Indeed,
the Association’s Business Section has
been as prolifi c as its environmental law
sections in setting policy. In the past year,
however, two high-profi le conferences and
a new book seek to raise the profi le of the
ABA in infl uencing environmental policy.
Additionally, a recommendation to be
considered by the House of Delegates at the
2007 ABA Annual Meeting in San Francisco
will seek to place the ABA’s imprint on
environmental legal policy. Th is article will
survey the ABA’s environmental policies
and actions as well as examine the proposed
recommendation that the ABA House of
Delegates will consider on August 13.
Past ABA Policies
Th e ABA House of Delegates has only
adopted about two-dozen policies since
1970 concerning environmental law and
natural resources. Several of those policies
were adopted in the early 1970s, at a time when
major U.S. environmental policies were being
forged. Th ese policies concerned the Clean Air
Act, citizen lawsuits, public land policies, and
water quality.
In the 1990s, the House of Delegates adopted
policies related to CERCLA (Th e Comprehensive
Environmental Response, Compensation, and
Liability Act, i.e. “Superfund”). In 1990, the
ABA adopted policy supporting federal legislation
clarifying liability exemptions for fi duciaries and
recommended specific amendments affecting
the allocation of responsibility and cleanup
procedures. In 1999, the House of Delegates
adopted a recommendation intended to reduce
unnecessary litigation and to promote the
economic use of brownfi elds. Th is policy urged
legislation providing immunity from federal
liability when contaminated property is subject
to a state brownfields program that protects
human health and the environment, ensures
public notice and participation, and is adequately
funded. Th e policy’s accompanying report noted,
ABA Honors Justice Kennedy, Judge Berzon &
Stephen Oleskey At Annual Meeting
The ABA will honor a number of prominent judges and attorneys at its annual meeting
in San Francisco. What follows are profi les of several of these individuals:
ABA Medal
In San Francisco, United States Supreme Court Justice Anthony M. Kennedy will
receive the organization’s highest honor, the ABA Medal.
In a press release, ABA President Karen J. Mathis praised the decision to honor Justice
Kennedy: “Th ere are so many reasons to honor this justice, including his dedication to
Publications and Web Site Deliver Message
www.fed-soc.org The continually evolving Federalist Society website isa wealth of information on legal topics and current events, and a valuableresource for lawyers, professors, and law students. Visitors can browsethe event calendar to learn of chapter activity and functions aroundthe country and register for upcoming events. The multimedia archivefeatures audio and video from conferences, panels, and speeches. It alsospotlights “Originally Speaking,” a monthly online written debate,which offers legal experts an opportunity to discuss a wide gamut of cur-rent legal and judicial issues. When the Supreme Court is in session, newSCOTUScasts are posted nearly every day, in which prominent legalminds discuss the ramifi cations of oral argument and of decisions handeddown by the Court. Every scholarly Federalist Society publication isavailable online, and additional resources such as suggested reading listsand bibliographies are also offered. The website is an invaluable tool toassist research, stimulate discussion, provoke thought, and increase interestin legal and public policy concerns.
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Association, to assist others in making agrounded assessment of its role and infl uencein American jurisprudence.
State Court Docket Watch. This news-letter, appearing four times in the year andlargely composed by members of the Society’snationwide Lawyers Chapters, reports onnoteworthy trends, interesting decisions, andcontroversial casesthat are of interestoutside their respec-tive jurisdictions.For that reason, thenewsletter is mailedto every stateappellate judge andstate attorney gener-al, many trial judges,and an extensive listof corporate general counsels. Issues coveredthis year include same-sex marriage, stateabortion laws, public school funding, judicialspeech and elections, union legal fees andcollective bargaining rights cases, and asbestoslitigation, among others.
Class Action Watch. Published to appriseboth Society membership and the publicat large of recent trends and cases in classaction litigation,Class Action Watch hasreported this year onthe ALI’s Principlesproject, Vioxxlitigation, the useof fluid recoveryas common proof, thesubsidence of weldingfume mass torts, omis-sions in FACTA, the
Milberg Weiss indictments, and state supremecourt lead paint rulings, among other topics.
The Federalist Paper. The in-housemagazine of the Federalist Society, the Federal-ist Paper comes out in the winter, summer andfall. Highlighting some of the activities andevents of Society Chapters, Practice Groups,and individual members, the magazine ismeant to give members a sense of the kindof engagements occupying particularly activechapters, students, and lawyers. Each divi-sion of the Society reports on some of themore noteworthy events of the past season,including such things as the annual StudentSymposium and National Lawyers Conven-tion. The State Courts Project and Facultyand International Law Divisions provideupdates on their respective doings as well.
INSID
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SEPTEMBER
2007
Class Action Watch
Omission in FACTA Might Be Windfall for Plaintiff ’s Bar
ALI Principles And Litigation
Trends
Fact-Based Scrutiny Reaches
Antitrust & Securities Actions
Fluid Recovery:Manufacturing
“Common” Proof?
Has the Eleventh Circuit Set A
New Standard for Federal Diversity
Jurisdiction?
continued page 15
continued page 8
In 2003, Congress passed
the Fair Credit Transactions
Act (FACTA), with the goal
of preventing identity theft.
Th e Act restricts information
that can be printed on
electronically-generated
credit-card receipts: “no
person that accepts credit cards or debit
cards for the transaction of business shall
print more than the last 5 digits of the card
number or the expiration date upon any
receipt provided to the cardholder at the
point of the sale or transaction.”1 “Willful”
violation of FACTA entitles a plaintiff to
recovery between $100 and $1000, plus
punitive damages (if the violation was
knowing) and attorney’s fees.2 Unlike many
other statutes with statutory damages,3 there
is no cap on total recovery under FACTA.
Thus, in a class action, damages for a
“willful” violation could be in the hundreds
of millions.
FACTA took effect on December
4, 2006. For reasons not in the record
of any of the cases, much of the retail
industry interpreted the statute to permit
the printing of credit card and debit card
receipts that included three to fi ve of the last
digits of the credit card and the expiration
date. Plaintiff s argue that the
printing of the expiration date
alone violated the ambiguous
statute and, with no dispositive
court or regulatory ruling on
the meaning of “or,” and
millions of potential violations
occurring every day in the fi rst weeks after FACTA
took eff ect, such an opportunity has attracted the
entrepreneurial trial bar. Th e Chicago law fi rm of
Edelman, Combs, Latturner & Goodwin, LLC4
has been advertising for clients to bring class
actions;5 Los Angeles fi rm Spiro Moss Barness
LLP has fi led more than forty lawsuits.6
Th ere are state law precedents to both the
federal law and the litigation. For example, Ohio
has a similar law, which passed and took eff ect in
2004.7 An entrepreneurial lawyer, John Ferren,
and his client, Nathaniel Burdge, brought a series
of suits. Burdge “purposely made purchases at
stores that were printing his expiration date on
his receipt in order to recoup statutory damages
totaling at least $12,800.”8 But Ohio’s law required
a plaintiff to be “a person injured by a violation.”9
Courts found that Burdge’s deliberately seeking
out credit card receipts suggested profi t-seeking,
rather than injury, rejected his suit and sanctioned
him and his attorney $3,000.10 Burdge had
In June of 2007, the Missouri and New Jersey Supreme Courts issued important rulings
rejecting public nuisance claims in mass actions against former lead paint and pigment
manufacturers. Th e courts’ decisions may have a signifi cant infl uence on courts deciding
similar lead paint cases and in other cases where plaintiff s may seek to avoid traditional
products liability and class certifi cation requirements through government-sponsored
public nuisance claims.
by Ted Frank
by Mark Behrens & Christopher Appel
New Jersey and Missouri Supreme Courts Reject Lead Paint Public Nuisance Claims
White Papers. The Federalist Societyincreasingly turns out high level white papersfocused on particular issues or areas ofinterest. As a continuation of a State CourtsProject last fall, a number of white papersappeared onthe jurispru-dence of statesupreme courtsthis year,includingKansas,Missouri,Tennessee,and Wisconsin.These dis-cussed the pastorientationand change in direction of the jurispruden-tial philosophy of these courts, in an effort toraise awareness of some of the issues at stakein state judiciaries. A number of white paperson other subjects appeared as well, includingpapers on Intellectual Property, civil rightsand climate change litigation. These whitepapers are meant to generate a higher levelof debate about important matters of lawand policy.
Though the organization seeks toproduce material that will encourage dis-cussion over timely legal and public policydevelopments, it is important to note that theSociety takes no position on particular issues.Opinions expressed in the organization’s pub-lications are those of the authors, not of theSociety itself, and readers are encouraged torespond to what appears in those publicationsand to submit ideas or articles about trendsand developments in the law themselves.
October 2007 www.fed-soc.org
25th Anniversary Conference Honors
Judge Robert H.
Bork
FALLISSUE
Student Division Update
Lawyers Division Update
Co-Founders Receive Salvatori Award
© Chas Geer Photography
FEBRUARY 2007 www.fed-soc.org
2006National Lawyers Convention
Inside:Student Chapter Update
Lawyers Chapter Update
International Chapter Update
State Courts Project
Faculty Division
A Day at Guantanomo Bay
INSID
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S T A T E C O U R T
NOVEMBER2007
DocketWatch ®
Judicial Selection in the StatesJudicial Selection in the States
Missouri Abortion Statute Upheld
In Part
Missouri & New Jersey Courts Reject Market-Share Liability in Lead
Paint Cases
Michigan Voter ID Law Upheld
Parental Law in the States:
Maryland, Minnesota, Pennsylvania
California State Courts Update
... continued page 14
... continued page 22
by John Shu
State courts’ judicial selection methods
are currently being challenged in
several states throughout the country.
Whether initiated by state legislatures or
through litigation, these proposals, ranging
from merely changing the composure of a
state’s judicial nominating commission to
completely altering the method of judicial
selection, are receiving signifi cant attention
from the legal community in their respective
states and nationally. Th e following are
reports from some of the states considering
judicial selection reform.
Missouri Looks to Reform The Missouri Planby Jonathan Bunch
Missouri’s judicial selection process—
known as the “Missouri Court
Plan”—has been the subject of intense debate
in the state since Supreme Court Judge
Ronnie White announced his retirement.1
Nationally, White is probably best known
as the Clinton judicial nominee who failed
to win confi rmation after Senator John
Ashcroft made the case that White would
be soft on crime. Ever since, conservatives
in Missouri have hoped for the opportunity
Gay marriage litigation continues throughout the several states. Recently a trial court in Iowa struck down Iowa’s limitation of marriage to opposite-gender
couples, whereas the Maryland Court of Appeals upheld Maryland’s similar limitation. Th is article, the fourth in a series, will briefl y analyze these cases.
I. Iowa
In Varnum v. Brien, the Iowa District Court for Polk County ruled on summary judgment that Iowa Code § 595.2(1) violated the plaintiff s’ due process and equal
to replace him with a judge possessing
an “originalist” approach to the state
constitution.
When White announced his
retirement earlier this year, that is
exactly what conservatives expected.
And those expectations were validated
when Missouri Governor Matt Blunt
immediately “committed to appointing
a Missouri Supreme Court judge who
will faithfully interpret our constitution
and will not legislate from the bench.”2
But conservatives cried foul when
those administering the Missouri
Court Plan—“the Appellate Judicial
Commission”—gave Blunt the option
of picking White’s replacement from
a panel of three judges whose records
looked more like White’s than any
originalist’s. Even more disappointing
to conservatives was the perception
that the Appellate Judicial Commission
had attempted to force Blunt’s hand by
sending him three options, of whom the
most palatable was also most like White
in one critical way: she had been fi ercely
criticized for her record in criminal
cases.3
Gay Marriage Update: Iowa & Maryland
by Steven J. Ware
KANSAS
NOVEMBER
2007
Selection to the
Kansas Supreme Court
by Steven J. Ware
KANSASNOVEMBER
2007
Selection to the
Kansas Supreme Court
by Steven J. Ware
KANSASNOVEMBER
2007
Selection to the
Kansas Supreme Court
by Steven J. Ware
KANSAS NOVEMBER
2007
Selection to the Kansas Supreme Court
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2007 James MadisonClub Roster
Madison Club Platinum($100,000 or more)
Anonymous (1)American Justice
PartnershipLawrence AurianaLynde & Harry Bradley
FoundationCortopassi InstituteE.L. Craig FoundationDonors Capital FundFrank and Sally HannaThe Holman Supporting
FoundationDavid KochKoch Industries
Mr. and Mrs. Robert A. Levy
Lilly Endowment, Inc.The Marcus Foundation,
Inc.MicrosoftPfi zer IncSarah Scaife FoundationSearle Freedom TrustWilliam E. Simon
FoundationPaul SingerThe Thomas W. Smith
FoundationTrof, Inc.
Madison Club Gold ($50,000to $99,999)
Anonymous (4)Baker Hostetler LLP
Brian Brille*Castle Rock FoundationCoca-Cola Bottlers’
AssociationGeorge and Kellyanne
Conway*The Shelby Cullom Davis
FoundationEdward DiefenthalGibson, Dunn & Crutcher
FoundationIFPMAJM Freedom FoundationEwing Marion Kauffman
FoundationThe F.M. Kirby Foundation,
Inc.Charles G. Koch Charitable
Foundation
Law Enforcement Legal Defense Fund
Roger MillikenThe John William Pope
FoundationThe Rosenkranz
Foundation
DONORS INCREASE CONTRIBUTIONS, SOCIETY EXPANDS PROGRAMS
The Federalist Society continues to grow at a fast pace – in number of chapters, in number of people involved in our community, in number of peopleexposed to our ideas. None of this would be possible if our revenue didn’t continue to grow as well. As a matter of fact, it is the revenue growth thatdetermines how many additional volunteers we can support to plan and produce our programming across the country and how many events we canultimately add to our schedule. The increasing number of programs determines how many people the Federalist Society can actually reach with itsmessage of traditional legal values such as limited government, the separation of powers, individual liberty and responsibility, and the rule of law.
Fortunately, our revenue has been increasing steadily since 2003. In fact, we reached an all-time high of $9.2 million in fi scal year 2007, a26.4 % increase over 2006. This increase in revenue is, in part, due to more and more people being exposed to the work of the Federalist Society, andsubsequently wanting to support us fi nancially because they believe we are successfully working to change the legal culture.
We are extremely grateful for these new donors. As we develop into a bigger organization and become better known we are attracting largercontributions. But even though these signifi cant contributions have allowed the Society to expand rapidly there is no way we can adequately thankthose who have been with us from the beginning, some since their law school days. Many of these long-time supporters are now members of the JamesMadison Club. Membership in the James Madison Club is open to those who contribute $1,000 or more annually to the Federalist Society. In recognitionof the commitment of these individuals, foundations and corporations, a list of the current members of the James Madison Club appears below:
Federalist Society Board of Visitorsmembers Robert A. Levy (right) andProf. Lillian BeVier, and her son NicolasAltree, socialize before the AnnualDinner.
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U.S. Chamber of Commerce
Madison Club Silver ($25,000to $49,999)
Anonymous (3)American Tort Reform
AssociationMichael and Lillian BeVier*Chrysler LLCDaimler Chrysler
Corporation FundThe Earhart FoundationWilliam S. EdgerlyPierre & Enid Goodrich
FoundationThe Heritage FoundationDavid C. HumphreysRandy Parris KendrickKnights of ColumbusJames LeiningerCarl LindnerPhilip M. McKenna
FoundationMerck & Co., Inc.Progress for America
Voter FundJohn and Carol SaemanThe Stuart Family
FoundationSullivan & Cromwell LLPVerizon CommunicationsWilliam L. WaltonWhite & Case LLPYancey Bros. Co.
Madison Club Benefactors($10,000 to $24,999)
Anonymous (7)Achelis FoundationAFLACAlston & Bird, LLPALTHAAnschutz FoundationBancroft AssociatesBrauer Charitable TrustJoseph CanizaroCeres FoundationChase Foundation
of VirginiaCivil Justice Reform GroupCooper & Kirk, PLLCDouglas R. CoxDaimlerChrysler LLCThe Hugh and Hazel
Darling FoundationRichard and Helen
DeVos FoundationDickstein Shapiro LLPDLA PiperThe William H. Donner
FoundationExxonMobil CorporationGoodwin ProcterGreenberg TraurigGulton FoundationChristopher Damon HaigGrover Hermann
FoundationMargaret M. Hill
FoundationHogan & Hartson LLPHunton & Williams LLPJewish Communal FundJones Day
Michael and Rosalind Keiser Charitable Trust
Kirkland & Ellis FoundationLakeside FoundationThe Lehrman InstituteMayer Brown LLPMcCarter & English LLPThe Modzelewski
EndowmentNational Mining
AssociationJoe O’DonnellOgletree DeakinsPatton Boggs LLPPaul, Hastings, Janofsky &
Walker LLPMitt and Ann Romney/
Goldman SachsDaniel ShuchmanSidley Austin LLPRobert S. and Dian G.
Smith*Spriggs & HollingsworthSteptoe & Johnson LLPThe Hatton Sumners
FoundationNicholas J. Swenson
TimeWarnerTroutman Sanders LLPVenable LLPSheila Walpin*Wiley Rein LLPPartners of Willkie,
Farr & Gallagher LLPWilmerHaleWilson Sonsini
Goodrich & RosatiWinston & Strawn LLPWyeth PharmaceuticalsFred Young Jr.
Madison ClubSustaining Members($5,000 to $9,999)
Akin Gump StraussHauer & Feld LLP
Emil ArcaThe Armstrong FoundationLily Auchincloss
Foundation, Inc.Bartlit Beck Herman
Palenchar & Scott LLPGregory BartonWendell BirdSusan BradenRoger BrooksBrownstein, Hyatt & Farber LLPWilliam CareyThe Challenge FoundationYing ChenChevronTexacoCoca-Cola Bottling
Company UnitedG.L. Connolly FoundationContran CorporationCovington & Burling
Erika Birg and Susanna Dokupil, bothJames Madison Club members, meet atthe National Lawyers Convention.
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Recent Harvard grads and James MadisonClub members Hashim Mooppan andLee Rudofsky converse with JusticeRichard Sanders of the Washington StateSupreme Court at the Annual Dinner.
James Madison Club member Prof. GailHeriot, John Fund of the Wall StreetJournal, and Heather Higgins of theRandolph Foundation and her daughter,Delany, pose for a picture at the JamesMadison Club Reception.
Dick & Betsy DeVos Foundation*
J. Christopher DonahueThe William F. Donner
FoundationDonor’s TrustHowrey LLPThe Krieble FoundationLatham & WatkinsJoseph McLaughlinJoanne and Fred MederoMunger, Tolles &
Olson LLPCarl NuessleWilliam and Lee Otis*RaytheonThe Rodney FundThe Roe FoundationAdam and Tara RossJoseph and Mary SmithSwire Coca-Cola, USAThe John Templeton
FoundationHerbert W. Vaughan*
Madison Club SupportingMembers ($2,000 - $4,999)
Anonymous (3)Amgen Inc.Edward C. AndersonJodi BalsamH. Christopher
BartolomucciErika BirgRon and Suzie CassWill ChouGregory S. ColemanTheodore M. Cooperstein*Richard CumminsNina CunninghamJack DavidAntoinette and Paul DeCampRobert J. Ernst IIIDaniel FinleyGeorgia Community
FoundationJohn and Lois Herrington*Karl HirshmanMark HolmesJudith Jacobs*
Kaplan, Inc.John and Mary Lee
MalcolmDouglas Kirk MayerWilliam MummaBarbara R. and
Richard C. NealThomas P. OgdenD. Joseph OlsonSan OrrRobert ParkerMark PerryThomas PhillipsRoger PilonPaul PisanoSara Church ReeseWm. Bradford Reynolds*Leslie Rose*Sheldon Rose*Shook, Hardy & Bacon LLPAndrew SiffPaula Stannard*Frank B. StricklandPeter A. ThielBonnie Wachtel*Lynn WardleJ. Michael WigginsRichard Willard*Daniel J. WoodringZappala Family Foundation
Madison Club Members($1,000 - $1,999)
Anonymous (3)Alden F. AbbottMike K. AinDouglas W. AndersonFred Anton IIIDavid L. ApplegateAdrienne Atkinson
Austin Community FoundationJohn S. Baker Jr.Randy E. BarnettBob BarrJames T. Barry IIIGregory BartonCharles BellBrad BerensonJan Cox BerlageGeorge W. BermantHeidi BernheimLawrence BernheimRyan C. BerryStuart R. BirnThomas BishopFrancis Blake*
C.H. Boyle FoundationWilliam BrookeBarbara BruinJohn Stewart Bryan III*W. Stephen CannonWillard Z. Carr Jr.Paul CellupicaErnest S. ChristianRoger Clegg
Jame s Mad i s on C lub membe r sManuel Klausner, John Malcolm, andRoger Pilon enjoy the reception atthe Convention.
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Charles HwangNancy IredaleErik S. JaffeWilliam JerniganChristine JohnsonJames JohnsonPaul JonesClark JudgePaul J. KaletaShahab S. KarmelyThomas J. KavalerLawrence KeaneJames P. Kelly IIIOrin S. KerrManny KlausnerHoward J. KleinAlex KozinskiVernon K. Krieble
FoundationJeffrey KubinWilliam KuntzRaymond LaJeunesse Jr.Grant Lally*Kenneth K. LeeBrian J. LeskeAndrew Lester*Raymond Wm. LeydenMarc R. LiskerRobert L. LoftsWendy LongKaren LugoLetty Lutzker*Gregory MaierDonald MalinakMaryRose ManczakKaren L. ManosEdmund ManwellDavid MartinMichael MassengaleSteve A. Matthews
Nat and Abby Moffat (left) and DianaSpencer (right) of the Shelby CullomDavis Foundation visit with FederalistSociety President Eugene B. Meyer andhis wife, Lori, (center) after the BarbaraK. Olson Memorial Lecture.
Andrew Richard CochranJonathan Cohn and
Rachel BrandGeorge E. Coleman
FoundationSean C. ConnersCharles J. CooperTrevor K. CopelandRalph CotiStephen John CoxCarol T. CrawfordPaul DansAnthony D’AuriaJ. Kennerly DavisJohn and Karen DoddSusanna DokupilElizabeth DormineyPete and Elise duPontChris EkrenAnne EldridgeWilliam J. EmanuelL. Jackson Etheridge*Nolly S. EvansR. Scott FeldmannFred FieldingMichael C. Flynn
Margaret ForanDavid C. ForteTheodore FrankTim FranzenGeorge S. FrazzaSandra FromanChristopher and
Courtenay GabrielPaul V. GadolaCurtis E.GannonWilliam R. GarwoodCary GaylordThomas F. GedeStuart M. GersonGeorge Gillespie IIICharles P. GilliamRobert J. Giuffra Jr.Paul GlenchurElizabeth GobeilShannon L. GoesslingJames L. GrahamDorothy Gray*Geoffrey L. GraybillThomas P. GriesaGregory GrimsalEric D. Hargan*R. Britt Harris Jr.Marion Edwyn HarrisonSteve HartungBrent O. HatchRobert C. HawkJim HaynesSandra HeckerGail HeriotKarl HirshmanRobert H. HishonJames and Allyson HoJames HuffmanJ.C. HuizengaWilliam T. Huston*
Letty McAdamsSean C. McAvoyJennifer McCainJohn McGinnisSimone MeleFrancis J. Menton Jr.*Matthew D. MichaelMark MittlemanHashim MooppanEdward A. MoritzRichard T. MorrisonPeter MulloneyDavid MurrayNational Beer Wholesalers
AssociationJeffrey T. NeilsonDouglas NelsonDavid NovakColeman A. Nutter*James O’ConnellThomas P. OgdenIan Marshall OgilvieTheodore Olson*John O’NeillDwight D. OppermanJohn C. O’QuinnKevin O’ScannlainHugh OverholtDonald PadgittScott M. PearsonEric J. PeltonLovett PetersCharles W. PickeringHolly PiersonStephen D. PossGeorge PriestAlfred W. Putnam Jr.Alan Charles RaulAlfred S. RegneryRichard Rideout
33
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David WeinsteinHill B. WellfordSteadman WestergaardRando WickRichard E. WileyMichael F. WilliamsWilliam Reynolds
Williams*John WittenWoodford FoundationChristopher A. WrayMoin A. YahyaJames W. ZiglarJulius J. Zschau
Federalist Society Patrons($500 - $999)
Anonymous (1)Gary AdamsJames E. AnklamWilliam W. BarrettWarren BelmarTanya BidwellH. Michael BiscanMark BrnovichDavid R. BrownReginald Brown
Steven J. LawNicholas LoweBrian J. MaasPerry E. MaguireAdam MeyersonJoseph W. MorrisAdam MortaraGlen NagerMary B. NeumayrDennis R. NolanCharles M. OellermanRobert R. OrellanaJohn J. Park Jr.Robert and Gene PratterCharles J. QueenanLarry E. RibsteinMichael E. Rosman*Maimon SchwarzchildRobert M. SegalNorman J. SilberPaul SimpsonRussell C. SlanoverEdward E. SteinerJeffrey P. TaftClifford and Lucille TaylorJobie S. TurnerScott M. UniverRoger Yurchuck
* Denotes individuals who areFounding Members of the JamesMadison Club.
James F. Rill*David B. RivkinJames M. RockettRonald RotundaLee and Soraya RudofskyJohn L. RyderRobert L. ScarboroughGene SchauerPeter Carey SchaumberDonald ShawlerRobert P. Sheils Jr.Douglas G. SmithLoren SmithMark W. SmithAbraham Sofaer*John J. Soroko*Jeffrey SpearsKenneth W. Starr*Nicholas John Stathis*Charles Henry StillJames M. Stoneman
Charitable FundRobert L. Strickland*J. Robert Suffoletta Jr.Thomas Milburn SweeneyGlenn SulmasyHeath Price TarbertMichael ThielenDavid H. ThompsonLarry D. ThompsonMichael and Janet TierneyGrey Till Jr.Eric W. TreeneCharles J. VasiliusG.L. Jidge VerityVincent VitkowskyDavid J.VolkMichael B. WallaceJohn L. WardenDonn Weinberg
Edmund CarpenterChristian CastleAdam H. CharnesJeffrey Bossert ClarkJohn T. DelacourtJames M. DesterDouglas DunnJoe D. EdgeStephen W. EricksonJohn EvangelakosDaniel Tyrone FahnerPaul R. FaragoCharles FriedJerry B. FulmerSean GallagherPatrick GarryGarvey Kansas FoundationArthur Gollwitzer IIIA. William Goodwyn Jr.Mark S. GoracyJohn S. HahnMichael F. HarronR. Charles Henn Jr.Huizenga FoundationMr. and Mrs. Arthur KniffenMichael I. KraussJack Kress
James Madison Club members Emil Arcaand Vincent Vitkowsky of New Yorkoffer encouragement to law studentsAndrew Knaggs of Willliam and MarySchool of Law and Jeff Powell of St.Louis University School of Law duringthe National Lawyers Convention.
W. Thomas Haynes of Atlanta escorts hisdaughter, Megan Haynes, to the JamesMadison Club Reception.
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AKRONALABAMAALBANYAMERICANAPPALACHIANARIZONAARIZONA STATEARKANSAS-FayettevilleARKANSAS-Little RockAVE MARIABALTIMOREBARRYBAYLORBERKELEY-Boalt HallBOSTON COLLEGEBOSTON UNIVERSITYBRIGHAM YOUNGBROOKLYNBUFFALOCALIFORNIA WESTERNCAMPBELLCAPITALCARDOZOCASE WESTERN RESERVECATHOLICCHAPMANCHARLESTONCHICAGOCHICAGO-KENTCINCINNATICITY UNIVERSITY NEW YORKCLEVELAND STATECOLORADOCOLUMBIACONNECTICUTCORNELLCREIGHTONCUMBERLANDDAVIS, CALIFORNIADAYTONDENVERDePAULDETROIT-MercyDICKINSON-Penn StateDISTRICT OF COLUMBIADRAKEDUKEDUQUESNEEMORYFLORIDAFLORIDA A&MFLORIDA COASTAL
FLORIDA INTERNATIONALFLORIDA STATEFORDHAMFRANKLIN PIERCEGEORGE MASONGEORGE WASHINGTONGEORGETOWNGEORGIAGEORGIA STATEGOLDEN GATEGONZAGAHAMLINEHARVARDHASTINGSHAWAIIHOFSTRAHOUSTONHOWARDIDAHOILLINOISINDIANA-BloomingtonINDIANA-IndianapolisINTER AMERICAN
PUERTO RICOIOWAJOHN MARSHALL-AtlantaJOHN MARSHALL-ChicagoJUDGE ADVOCATE GEN-
ERAL SCHOOLKANSASKENTUCKYLA VERNELEWIS & CLARK-NorthwesternLIBERTYLOUISVILLELOYOLA-ChicagoLOYOLA-Los AngelesLOYOLA-New OrleansLSUMAINEMARQUETTEMARYLANDMcGEORGEMEMPHISMERCERMIAMIMICHIGANMICHIGAN STATEMINNESOTAMISSISSIPPIMISSISSIPPI COLLEGEMISSOURI-ColumbiaMISSOURI-Kansas City
MONTANANEBRASKANEVADA-Las VegasNEW ENGLANDNEW MEXICONEW YORK
LAW SCHOOLNORTH CAROLINANORTH CAROLINA
CENTRALNORTH DAKOTANORTHEASTERNNORTHERN ILLINOISNORTHERN
KENTUCKYNORTHWESTERNNOTRE DAMENOVA SOUTHEASTERNNYUOHIO NORTHERNOHIO STATE
OKLAHOMAOKLAHOMA CITYOREGONPACEPENNSYLVANIAPEPPERDINEPHOENIXPITTSBURGHPONTIFICAL CATHOLIC
UNIVERSITY OF PUERTO RICOPUERTO RICOQUINNIPIACREGENTRICHMONDROGER WILLIAMSRUTGERS-CamdenRUTGERS-NewarkST. JOHN’S
ST. LOUISST. MARY’SST. THOMAS-MiamiST. THOMAS-MinneapolisSAN DIEGOSAN FRANCISCOSANTA CLARASEATTLESETON HALLSOUTTHERN
CALIFORNIASOUTH CAROLINA
Student Chapters
HAWAII
35
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So
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NN
UA
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EP
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T 2
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7C
hapters
6
2
2
2
2
2
2
2
2
2
2
2
2
6
7
7
3
3
3
2
4
Student ChaptersLawyers Chapters
4
3
22
2
42
2
2
SOUTH DAKOTASOUTH TEXASSOUTHERN
NEW ENGLANDSOUTHERN ILLINOISSOUTHERN TEXASSOUTHERN
UNIVERSITYSOUTHWESTERNSMUSTANFORDSTETSONSUFFOLKSYRACUSE
TEMPLETENNESSEETEXASTEXAS SOUTHERNTEXAS TECHTEXAS WESLEYANTHOMAS COOLEY-
LansingTHOMAS COOLEY-
Grand RapidsTHOMAS COOLEY-
Rochester
THOMAS GOODE JONESTHOMAS JEFFERSONTOLEDOTOUROTRINITYTULANETULSAUCLAUTAHVALPARAISO
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ALASKAALBANYATLANTAAUSTINBALTIMOREBIRMINGHAMBOSTONBUFFALOCHARLESTONCHARLOTTECHICAGOCINCINNATICLEVELANDCOLUMBUSCOLORADODALLASDETROITGRAND RAPIDSGREENVILLEHARTFORDHOUSTONIDAHOINDIANAPOLISIOWAJACKSONVILLEKANSAS-WichitaKANSAS CITYLAS VEGASLEXINGTON
LITTLE ROCKLONG ISLANDLOS ANGELESLOUISVILLEMACONMEMPHISMIAMIMILWAUKEEMINNEAPOLISMISSISSIPPIMONTGOMERYNASHVILLENEBRASKANEW JERSEYNEW MEXICONEW ORLEANSNEW YORK CITYNORFOLKNORTH COAST (CA)OKLAHOMA CITYORANGE COUNTYORLANDOPHILADELPHIAPHOENIXPITTSBURGHPORTLANDPUGET SOUNDRALEIGHRICHMONDSACRAMENTOST. LOUISSALT LAKE CITYSAN DIEGOSAN FRANCISCOSILICON VALLEYSOUTH CAROLINATALLAHASSEETAMPA BAYTULSAVENTURA COUNTYWASHINGTON, DCWEST VIRGINIAWILMINGTONWYOMING
Lawyers Chapters
Fed
era
list
So
cie
ty
AN
NU
AL
RE
PO
RT
20
07
36
Fin
anci
al S
tate
men
ts
37
Fed
eralist
So
ciet
y A
NN
UA
L R
EP
OR
T 2
00
7F
inancial Statements
Fed
era
list
So
cie
ty
AN
NU
AL
RE
PO
RT
20
07
38
Fin
anci
al S
tate
men
ts
39
Fed
eralist
So
ciet
y A
NN
UA
L R
EP
OR
T 2
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7F
inancial Statements
Fed
era
list
So
cie
ty
AN
NU
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RE
PO
RT
20
07
40
Fin
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tate
men
ts
END OF AUDITED FINANCIAL STATEMENTS
2,500
2,000
1,500
1,000
500
2003 2004 2005 2006
Calendar Year
TotalAttendance
NATIONAL CONFERENCE ATTENDANCENational Lawyers Convention and Student Symposium
FEDERALIST SOCIETY MEMBERSHIP GROWTHLocal and National Involvement
2003 2004 2005 20060
50,000
40,000
30,000
20,000
10,000
Calendar Year
Members
Revenue
FEDERALIST SOCIETY REVENUE GROWTH
Calendar Year
20062005200420030
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
FEDERALIST SOCIETY EXPENDITURES-FISCAL YEAR 2007
Student Symposium
Lawyers Convention
Development
Programming
General Management
5% 7%
88%
2003 2004 20050
600
1,000
1,200
1,400
400
200
Calendar Year
TotalNumber ofPrograms
FEDERALIST SOCIETY PROGRAM GROWTH
Lawyers Chapters
Students
Practice Groups
2006
800
3,000
$9,000,000
2007
20072007 2007
1,600
The Federalist Society for Law and Public Policy Studies1015 18th Street, N.W. • Suite 425 • Washington, D.C. 20036
(202) 822-8138 • [email protected] • www.fed-soc.org