2017 THE FEDERALI ST SOCIETY for Law Public Policy Studies OUR PURPOSE Law schools and the legal profession are currently strongly dominated by a form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. Union Station being prepared for the 2017 Antonin Scalia Memorial Dinner. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, law students, and professors. In working to achieve these goals, the Society has created a conservative and libertarian intellectual network that extends to all levels of the legal community. Leonard A. Leo, Executive Vice President; Eugene B. Meyer, President; and Lee Liberman Otis, Senior Vice President. TABLE OF CONTENTS 5 7 11 The President’s Message Student Division Lawyers Chapters 15 19 22 Faculty Division Practice Groups State Courts Project 24 26 28 Capitol Hill & State Attorneys General Alumni Relations International Affairs 30 38 40 National Lawyers Convention Regulatory Transparency Project Article I Initiative 43 46 Digital Publications & Blog 48 54 Benefactors Independent Audit Debate. Discuss. Decide. Attendees of the National Student Symposium exchange ideas during dinner. THE PRESIDENT’S MESSAGE The Federalist Society enjoyed great success at every level during the last year as our Annual Report and press clippings detail. The breadth of our activities continues to expand with our Regulatory Transparency Project, our Article I Initiative, our work with state courts, and all of the activities of our student and lawyers chapters and our practice groups. The Federalist Society was much in the news in 2017, especially in conjunction with judicial selection. It delights us that many of those involved with the Society who care deeply about the principles we discuss and debate are serving their country and in one way or another, attempting to apply their principles in practice. For from its first days, the Society has focused on ideas. We have fostered intellectual discussion of ideas in general, and of originalism and textualism in particular, in every sector of the legal community. In addition to building on our aforementioned results, we see an extra challenge ahead for free speech and open inquiry. To counter these trends, those who view themselves as intellectually oriented must make a point to fully understand the views of those they disagree with. But often there are other key reasons for the opinion and the person might not even hold such beliefs except for those other reasons. You may still differ sharply, but it will not be as easy to label the opponent as evil. But perhaps even more importantly, the more thoroughly you understand the ideas you disagree with, the more profitable engaging with them is. It is from significant differences of views fully aired and understood that society develops better ideas. Our liberal democracy and perhaps Western civilization depends on such exchanges, but they simply will not be valuable if, rather than debating and discussing what we seriously believe, we simply engage in ad hominem attacks and refuting straw men. In this effort, as in all of our activities, we depend on our thousands of volunteers and donors across the country. We thank you for your help and look forward to continuing to work with you. Sincerely, Eugene B. Meyer President Too often we think that a person’s position is based solely on one reason which, at the end of the day, we believe foolish. 4 Table of Contents and The President’s Message The Federalist Society Annual Report 2017 5 Student members enjoying the Harvard Chapter’s Spring Banquet. Below Center: Hon. Lavenski Smith at the National Student Symposium; Below Right: Bennett Hampilos and Kwonsun Jung at the 2017 Symposium Banquet. STUDENT DIVISION The First Amendment enshrines some of our most important freedoms, so the Student Division kicked off 2017 by exploring “The First Amendment in Contemporary Society” at the National Student Symposium. The Columbia Law School Chapter hosted hundreds of students in New York City to hear debates and panels on religious freedom, free speech on campus, the freedom of the press, and more. First Amendment scholars like Michael McConnell, Marci Hamilton, Douglas Laycock, Eugene Volokh, and Phillip Hamburger engaged each other in spirited discourse over free speech and tolerance in a free society. At the symposium banquet, Professor William Baude received the Bator Award, and Professor Richard Epstein delivered a keynote address—“A Common Law Approach to the First Amendment”— applying his contrarian approach to the First Amendment. Students left energized by the discussions and their new friendships with students across the country. 68,485 PEOPLE ATTENDED STUDENT EVENTS THIS YEAR, NEARLY 5,000 MORE THAN LAST YEAR In the spring, the Yale Law School Federalist Society Chapter celebrated Justice Clarence Thomas’s twenty-fifth year on the court with a day-long symposium in his honor. Judges and constitutional scholars gathered in New Haven to deliver papers on Justice Thomas’s contributions to Supreme Court jurisprudence. The Justice himself attended and delivered remarks commending the Yale Chapter for its determined work defending the Constitution. The Federalist Society Annual Report 2017 7 2017 HIGHLIGHTED EVENTS • HOW TO DECIDE A CASE WITH HON. DIANE SYKES Stanford Law School, January 27 • SAVING THE RULE OF LAW WITH HON. EDITH JONES University of Chicago Law School, February 7 • CELEBRATING JUSTICE THOMAS: 25 YEARS ON THE SUPREME COURT Yale Law School, February 10 • NATIONAL STUDENT SYMPOSIUM Columbia Law School, March 3-4 • ORIGINALISM & THE FEDERALIST SOCIETY WITH PROF. JEFFREY POJANOWSKI Notre Dame Law School, August 29 • MASTERPIECE CAKESHOP: A DEBATE BETWEEN TEXAS SOLICITOR GENERAL SCOTT KELLER AND PROF. LARRY SAGER University of Texas School of Law, October 5 • JUDICIAL ACTIVISM, RESTRAINT, & ENGAGEMENT: A DEBATE BETWEEN ROGER PILON AND PROF. ERIC SEGALL Georgia State University College of Law, October 11 • STOP SAYING THAT: DISSENT & DISAGREEMENT AT PENN LAW WITH PROF. AMY WAX University of Pennsylvania Law School, October 11 • PRACTICING BEFORE THE SUPREME COURT Georgetown member Peter McGinley meets Hon. Thomas Hardiman on the Society’s rooftop. WITH KANNON SHANMUGAM & PROF. LINDA GREENHOUSE The Ohio State Chapter celebrates after receiving the James Madison Feddie for Chapter of the Year. Yale Law School, October 25 • REDISTRICTING, GERRYMANDERING & DEMOCRACY: A DISCUSSION OF GILL V. WHITFORD WITH MISHA TSEYTLIN, SOLICITOR GENERAL OF WISCONSIN Harvard Law School, November 27 1,060 TOTAL EVENTS ORGANIZED BY OUR 200+ STUDENT CHAPTERS ACROSS THE COUNTRY Evan Berlanti, Catholic University, and Rebecca Deucher, Georgetown, at a mixer for students in DC. 8 Student Division Shiva Logarajah, 2017 National Student Symposium Chairman, enjoys a lighter moment at the Symposium banquet. Across the country, the Federalist Society continues to be the premier student organization on law school campuses. Thanks to generous donor funding, the Student Division has made a concerted effort to host debates at its chapters on the proper role of the courts, free speech and intellectual freedom, the burdens of the regulatory state through the Regulatory Transparency Project, the proper role of Congress through the Article I Initiative, as well as the necessary interplay between capitalism and the rule of law. These events contribute enormously to the quality and diversity of intellectual engagement on campus. The Federalist Society Annual Report 2017 9 LAWYERS CHAPTERS The Lawyers Chapters of the Federalist Society enjoyed their most productive year in the division’s history, with a record-setting pace of new membership, new chapters, and programming. Our 90+ lawyers chapters hosted over 400 programs throughout the year. Ten new lawyers chapters were launched. Additionally, six state conferences were held in California, Florida, Ohio, Kentucky, Texas, and Pennsylvania. Several other chapters hosted annual dinners and other signature events, including anniversary programs. These programs serve as state-level versions of the National Lawyers Convention, gathering leading members of the bench and bar to promote fellowship and to expand the mission of the Society to new constituencies. 150 ATTENDEES OF THE INAUGURAL KENTUCKY CHAPTERS CONFERENCE AT THE KENTUCKY STATE CAPITOL Allison Ball moderates a panel with Hon. Amul Thapar, Barry Dunn, and Jeff Calabrese, at the Inaugural Kentucky Chapters Conference. Local lawyers chapter programming focused on some of the most compelling topics in law and public policy. In particular, chapters focused on the nomination of Justice Neil Gorsuch, the legacy of Justice Scalia, the administrative state, religious liberty, gerrymandering, and executive branch overreach. A number of chapters also hosted events in partnership with the Federalist Society’s Article I Initiative and Regulatory Transparency Project. The Federalist Society Annual Report 2017 11 2017 HIGHLIGHTED EVENTS • ANNUAL WESTERN CHAPTERS CONFERENCE Simi Valley, CA, January 28 • THIRD ANNUAL FLORIDA CHAPTERS CONFERENCE Lake Buena Vista, FL, February 3-4 • INAUGURAL MINNESOTA LAWYERS CHAPTER The Federalist Society has also continued its outreach to a new generation of young lawyers, with vibrant young lawyers groups in both Washington, DC and New York City. Young lawyers outreach continues throughout the country, with special attention paid to summer associates and recent graduates in cities such as Atlanta, Houston, and St. Louis. ANNUAL DINNER Minneapolis, MN, March 9 • INAUGURAL OHIO LAWYERS CHAPTERS CONFERENCE Columbus, OH, March 31 • MICHIGAN LAWYERS CHAPTER ANNUAL DINNER Plymouth, MI, May 2 • MILWAUKEE 25TH ANNIVERSARY PANEL & DINNER Milwaukee, WI, May 24 Several lawyers chapters alumni were nominated to the federal bench this year, and others were appointed to their state appellate and supreme courts. Others assumed leading positions in government. This demonstrates that lawyers chapter leadership is a critical credentialing qualification for positions of public service. • DC YOUNG LAWYERS CHAPTER SUMMER ASSOCIATE RECEPTION WITH SEN. MIKE LEE Washington, DC, June 12 • INAUGURAL KENTUCKY LAWYERS CHAPTERS CONFERENCE Frankfort, KY, September 14 • THIRD ANNUAL TEXAS CHAPTERS CONFERENCE Houston, TX, September 22-23 • SHAKESPEARE & THE LAW Sen. Mike Lee, Hon. C. Alan Lawson, Hon. Ricky Polston, and Florida Chapter leadership enjoy a lunchtime discussion at the Annual Florida Chapters Conference at the Walt Disney World Resort. Boston, MA, September 26 • DC YOUNG LAWYERS CHAPTER WINTER RECEPTION WITH ASSOCIATE AG RACHEL BRAND Washington, DC, November 30 10 NEW LAWYERS CHAPTERS Hon. Rachel L. Brand, former Associate Attorney General, speaks at a DC Young Lawyers Chapter event. (90+ TOTAL CHAPTERS) • Reno, Nevada • Jefferson City, Missouri • North Dakota • Augusta, Georgia • Emerald Coast/ Pensacola, Florida • Puerto Rico • Winston-Salem, North Carolina • Chattanooga, Tennessee • Knoxville, Tennessee • Vermont Caitlin Halligan, Gibson Dunn, and Scott Keller, Texas Solicitor General, at the Annual Texas Chapters Conference. 12 Lawyers Chapters Hon. Diane Sykes moderates a panel at the Western Chapters Conference. Texas Lawyers Chapter members attend the closing reception for the Annual Texas Chapters Conference at the Houstonian. The Federalist Society Annual Report 2017 13 Panelists discuss reform proposals for the administrative state. Bottom Center: Prof. Gail Heriot, University of San Diego School of Law. Bottom Right: Prof. John Yoo, UC Berkeley School of Law, addresses Jide Nzelibe, Northwestern University Pritzker School of Law. FACULTY DIVISION In 2017, the Faculty Division continued to provide important opportunities for faculty members, especially junior faculty, to gain recognition and produce outstanding scholarship, all as part of a broad suite of programming designed to foster dialogue and viewpoint diversity within the legal academy. These programs aim to: (1) foster the exchange of ideas and build an academic community centered on discussion of important ideas, (2) assist current junior faculty, (3) identify aspiring conservative and libertarian law professors and support them in their efforts to join the academy, and (4) provide academic resources about the law to the public and press. 120 ATTENDEES OF THE 20TH ANNUAL FACULTY CONFERENCE We are particularly pleased with our expanded series of monthly writing workshops, of which we have held more than a dozen over the past year. These workshops provide our fellows, along with like-minded fellows in other programs and academically inclined practitioners, the opportunity to present their papers and receive productive feedback from faculty members and each other. Although the workshops are held at the Federalist Society’s DC office, most attendees join remotely through video conferencing software. At a typical workshop, a fellow will either present his or her article at an early stage to gather feedback, or critique another fellow’s work-in-progress by presenting it with comments. IN SAN DIEGO, CA The Federalist Society Annual Report 2017 15 2017 HIGHLIGHTED EVENTS • 20TH ANNUAL FACULTY CONFERENCE San Diego, CA, January 4-5 • JOB TALK WORKSHOPS Chicago, IL, June 9-11 & July 22-24 • JAMES KENT SUMMER ACADEMY Annapolis, MD, August 2-5 • JUNIOR SCHOLARS COLLOQUIUM Annapolis, MD, June 23-25 • FEDERALIST SOCIETY RECEPTION AT 2017 SOUTHEASTERN ASSOCIATION OF LAW SCHOOLS Boca Raton, FL, August 4 • CHALLENGES TO THE RULE OF LAW: A ROUNDTABLE DISCUSSION AT THE AMERICAN POLITICAL SCIENCE ASSOCIATION ANNUAL MEETING San Francisco, CA, September 1 • ANNUAL SUPREME COURT PREVIEW PANEL Washington, DC, September 27 • WORKS-IN-PROGRESS WORKSHOPS FOR FELLOWS, VISITING ASSISTANT PROFESSORS, AND OTHER ASPIRING ACADEMICS • COLLOQUIA CO-SPONSORED WITH THE LIBERTY FUND Dallas, Las Vegas, Charlotte, and San Francisco • CONFERENCE ON FREE SPEECH AND OPEN INQUIRY, CO-SPONSORED WITH THE INSTITUTE FOR HUMANE STUDIES Chapman University, Orange, CA, February 25 We also note an important symposium on intellectual diversity during the recent Annual Meeting of the Association of American Law Schools in San Diego, CA. During this halfday program, two panels of legal academics discussed “Why Intellectual Diversity Matters (and What is to be Done).” Data regarding underrepresentation of conservatives and libertarians in the legal academy was presented, and there was general agreement that a widespread failure to expose students to arguments and perspectives beyond prevailing orthodoxies impeded development of skills essential to good lawyering. Ideas for corrective steps were debated, and the audience participation was quite active. Importantly, this program was not part of the Federalist Society Faculty Conference but was instead competitively selected by AALS as the topic for its symposium. AALS also actively promoted the program. Video of the panels can be found at http:// joshblackman.com/blog/2018/01/06/aals-2018-symposium-why-intellectual-diversity-matters-and-what-is-to-bedone/. 75 EPISODES OF SCOTUScast PUBLISHED IN 2017 In addition, for the first time, at the AALS’s invitation, Federalist Society Faculty Conference events were integrated into other annual meeting programs in the main AALS hotel, making it easier for faculty members not involved in the Federalist Society to stop by. Both of these developments may suggest a growing recognition on the part of AALS leadership of the potential contributions of center-right faculty members to a vigorous academic enterprise. Attendees of the 2017 James Kent Summer Academy enjoy a sailing outing in Annapolis, MD. Carrie Severino, Andy Pincus, Orin Kerr, Samuel Estreicher, Kyle Duncan, and Jan Crawford (moderator) discuss the 2017 SCOTUS term at a September preview event. Prof. William Baude, University of Chicago Law School, accepts the Paul Bator Award at the 2017 National Student Symposium. 16 Faculty Division The Federalist Society Annual Report 2017 17 PRACTICE GROUPS 7 EVENTS HELD AT THE NATIONAL PRESS CLUB IN WASHINGTON, DC The Federalist Society’s Practice Groups continue to grow in size and influence. With new volunteer leaders, we have been able to expand the breadth and frequency of our programming, from Teleforum calls and podcasts to in-person programming on topics like energy markets, corporate mergers, and occupational licensing. Earlier this year, Sen. Ted Cruz and Rep. Bob Goodlatte joined us for luncheon panels at the National Press Club. Besides the National Lawyers Convention and the Executive Branch Review Conference, the Federalist Society held three full-day conferences in 2017 on International Law in the Trump Era, Multidistrict Litigation, and Net Neutrality. We continued to provide CLE credit to our members through our conferences and a special hour-long Ethics CLE Teleforum. Sen. Ted Cruz addresses an audience at the National Press Club on “The Role of Economic Liberty in the United States.” The Practice Groups produce a large quantity of the scholarship and other content released by the Federalist Society. The FedSoc Blog continues to grow in influence, and is visited by lawyers and clerks alike. The Federalist Society Annual Report 2017 19 2017 HIGHLIGHTED EVENTS • FIFTH ANNUAL EXECUTIVE BRANCH REVIEW CONFERENCE The Mayflower Hotel, May 17 • HOUSE JUDICIARY COMMITTEE AGENDA, FEATURING HON. BOB GOODLATTE National Press Club, February 4 • ETHICS CLE TELEFORUM 2017: RECENT DEVELOPMENTS IMPACTING THE ETHICAL PRACTICE OF LAW, FEATURING PROFS. W. WILLIAM HODES AND JOHN S. DZIENKOWSKI September 29 • STATE “AROUND MARKET” ACTION AND FERC: THE END OF COMPETITIVE WHOLESALE ELECTRIC MARKETS? National Press Club, April 18 Geoffrey Manne, Albert Foer, and Joshua Wright discuss recent developments in corporate mergers. • COURTHOUSE STEPS TELEFORUM: MASTERPIECE CAKESHOP V. COLORADO CRC, FEAT. KIM COLBY December 5 • BEYOND THE YATES MEMO: A NEW ERA OF ENFORCEMENT? National Press Club, June 13 • WRITTEN OUT OF HISTORY: THE FORGOTTEN FOUNDERS WHO FOUGHT BIG GOVERNMENT TELEFORUM, FEATURING SEN. MIKE LEE December 7 • THE ROLE OF ECONOMIC LIBERTY IN THE U.S. National Press Club, March 28 • HILLBILLY ELEGY TELEFORUM, FEATURING Hon. Mick Mulvaney delivers the keynote address at the Fifth Annual Executive Branch Review Conference. J.D. VANCE AND ADAM J. WHITE May 2 • MULTIDISTRICT LITIGATION CONFERENCE Kirkland & Ellis, October 18 182 57 Hon. Richard Leon, Matthew Miner, George Terwilliger, and Alice Fisher explore “Beyond the Yates Memo.” TELEFORUM CALLS RECORDED IN 2017 NEW VOLUNTEER PRACTICE GROUP LEADERS Dan Troy, Malini Moorthy, Timothy Pratt, and Prof. Brian Fitzpatrick discuss “Are MDLs Working?” at Kirkland & Ellis. 20 Practice Groups FERC Commissioner Cheryl A. LaFleur discusses state “around market” action. Attendees enjoy a presentation at the Fifth Annual Executive Branch Review Conference at the Mayflower Hotel in Washington, DC. The Federalist Society Annual Report 2017 21 The State Courts Project engages in a comprehensive effort to promote 2017 HIGHLIGHTED EVENTS • CONVERSATION WITH STATE SUPREME COURT JUSTICES, FEATURING HON. CLINT BOLICK, HON. STEPHEN MARKMAN, AND MODERATOR HON. DIANE SYKES January 28 • INTERPRETING STATE CONSTITUTIONS, FEATURING HON. JUDITH FRENCH, HON. JEFFREY S. SUTTON, AND HON. STEVE YARBROUGH March 31 • 2016-2017 CALIFORNIA SUPREME COURT ROUNDUP, FEATURING LAURA W. BRILL, DANIEL M. KOLKEY, AND JEREMY B. ROSEN discussion of the legal culture in states across the country. This year, we both created new and reinvigorated old forms of programming to raise the profile of the impact courts have on state legal environments. In 2017, we promoted state supreme court review events, which took place in eight states throughout the year: California, Connecticut, Iowa, Kansas, Michigan, Tennessee, Texas, and Wisconsin. These events not only go over the state docket, but also allow for critical commentary on the courts and how the justices are ruling. The attendance at and interest in our state supreme court review events have been phenomenal. Several additional states are planning review events for 2018, and we look forward to continued success with this series. June 29 • REVIEW OF THE TEXAS SUPREME COURT’S 2016-17 TERM, FEATURING HON. JEFF BROWN August 22 • WHAT IS THE RIGHT METHOD FOR CHOOSING JUDGES? FEATURING PROF. CHRIS BONNEAU, REP. BRYAN CUTLER, RON HICKS, AND JOHN SOROKO October 19 • WISCONSIN SUPREME COURT PANEL DISCUSSION, FEATURING MATT O’NEILL, RICK ESENBERG, MISHA TSEYTLIN, AND HON. DIANE SYKES October 24 • MICHIGAN SUPREME COURT PREVIEW, FEATURING TIMOTHY BAUGHMAN, JOHN BURSCH, & B. ERIC RESTUCCIA October 25 • CONNECTICUT SUPREME COURT REVIEW, FEATURING HON. PETER ZARELLA December 5 Hon. Norma Lindsey, Hon. Wendy Berger, and Hon. Beatrice Butchko at the Antonin Scalia Memorial Dinner. We also continue to publish State Court Docket Watch to highlight cases of interest that are being decided at the state court level. These articles are shorter, sharper, and posted live to our blog to capitalize on the timeliness of each case. Since July, we have produced a Docket Watch article each week, creating a tremendous amount of commentary on the state courts cases. This year, we also renewed our focus on the debate over methods of judicial selection at the state level. Through the reintroduction of our Guide to Judicial Selection in State High Courts, the commissioning of a series of white papers on the topic, and the promotion of events through our lawyers chapters, we hope to foster discussion of methods of state judicial selection as the legal communities in states react to legislative proposals to reshape the way their judges are chosen. The discussion we have sparked on the issue of judicial selection continues to resonate around the country. This is just one of the many ways in which members of our network have shown increasing interest in serving on the state bench. Hon. Jeff Brown, Texas Supreme Court, moderates a panel on executive authority at the Texas Chapters Conference at the Houstonian. 22 State Courts Project B. Eric Restuccia, Chief Legal Counsel, Michigan AG’s Office; John Bursch, Bursch Law PLLC; and Timothy Baughman, Wayne County Special Assistant Prosecuting Attorney. The Federalist Society Annual Report 2017 23 CAPITOL HILL STATE ATTORNEYS GENERAL Through its programming, publications, and personal re- The Capitol Hill Project continues to educate members of 2017 HIGHLIGHTED EVENTS • EXECUTIVE ORDERS, FEATURING PROF. JONATHAN TURLEY AND ADAM J. WHITE February 21 • INTERNATIONAL LAW, FEATURING PROF. JAMIL Congress and their staffers about the relationship of important first principles—including the rule of law and limited, constitutional government—to issues they deal with every day. JAFFER AND HON. LAWRENCE KORB Through these efforts, we also seek to build a network of staff- March 3 ers who appreciate the principles of limited, constitutional • THE FUTURE OF SCOTUS, FEATURING CARRIE SEVERINO, ED WHELAN, AND ILYA SHAPIRO government. 2017 HIGHLIGHTED EVENTS • SOLICITORS GENERAL IN AN AGE OF TRUMP, FEATURING SCOTT KELLER, LIZ MURRILL, AND LEE RUDOFSKY November 3 • IMMIGRATION, FEATURING PROF. ILYA SOMIN AND HON. SCOTT KELLER We achieve these goals by sponsoring events, and networking April 25 opportunities, introducing staffers to subject-area experts, and • MENS REA, FEATURING JOHN MALCOLM AND TIMOTHY O’TOOLE exposing staffers to the content produced by the Society. ATTORNEY GENERAL JEFF LANDRY May 17 • LUNCHEON, FEATURING NEVADA ATTORNEY • LAWYERING ON CAPITOL HILL, FEATURING ROBERT PARMITER, MEGAN LACY, WILLIAM PAYNE, AND PRERAK SHAH June 29 • SCOTUS REVIEW, FEATURING VIRGINIA SEITZ, BETH BRINKMANN, ERIN MURPHY, CARRIE SEVERINO, AND ILYA SHAPIRO July 18 • LUNCH WITH THE ATTORNEY GENERAL OF GEORGIA, FEATURING CHRISTOPHER CARR AND RANDY BARNETT January 18 • STATE SOLICITORS GENERAL DISCUSSION, May 22 Through the incorporation of students, young lawyers, and alumni of the Hill into our events, we have a created an expansive network that creates new opportunities in public service for the brightest young members of the Society. vironment for an unprecedented level of discussion about the role state attorneys general should play in our form of government. • LAW ENFORCEMENT AND SANCTUARY CITIES: GENERAL ADAM LAXALT April 11 lationships, the State AGs Project has conditioned the en- FEATURING LAWRENCE VAN DYKE, LEE RUDOFSKY, ANDREW BRASHER, MITHUN MASINGHANI, AND PAUL WATKINS March 23 • STATE EFFORTS TO REIN IN ADA LAWSUITS, FEATURING ARIZONA ATTORNEY GENERAL MARK BRNOVICH This year, the Society has seen a tremendous increase in involvement by AGs and their staff at chapter events across the country. Additionally, this year we launched a new website specifically focused on State AGs—State Attorneys General Guide (StateAGs.com). Through the website, we hope to educate our membership and the general public on the current landscape of State AGs, provide information on the offices, and share information and commentary created by our experts. July 20 July 14 • COMMERCIAL FREE SPEECH, FEATURING MEGAN BROWN, STEPHEN OBERMEIER, ERICA SMITH, KAREN HARNED, AND MARK CHENOWETH September 8 • THE ROLE OF SPECIAL COUNSEL, FEATURING HON. KENNETH T. STARR AND ADAM J. WHITE September 28 • REDISTRICTING, FEATURING MISHA TSEYTLIN AND ROBERT POPPER October 18 • ANTITRUST & INNOVATION, FEATURING JULIE CARLSON, DON ROSENBERG, ROB STEIN, TAD LIPSKY, AND HON. DOUGLAS GINSBURG October 24 • SCALIA SPEAKS, FEATURING ED WHELAN AND CHRISTOPHER SCALIA November 13 Megan Lacy, formerly of the Senate Judiciary Committee; William Payne, Senate Judiciary Committee; and Prerak Shah, Sen. Ted Cruz. 24 Capitol Hill and State Attorneys General Lawrence Van Dyke, Solicitor General, Nevada; Andrew Brasher, Solicitor General, Alabama; Paul Watkins, Chief Civil Litigation Officer, Arizona Attorney General’s Office; Lee Rudofsky, Solicitor General, Arkansas; and Mithun Mansinghani, Solicitor General, Oklahoma. The Federalist Society Annual Report 2017 25 ALUMNI RELATIONS 2017 HIGHLIGHTED EVENTS • SUMMER RECEPTION WITH JUDGE THOMAS HARDIMAN Georgetown Alumni Chapter • SUMMER RECEPTION WITH HON. RACHEL BRAND Harvard Alumni Chapter • SUMMER RECEPTION WITH PRINCIPAL DEPUTY SOLICITOR GENERAL JEFFREY WALL University of Virginia Alumni Chapter Alumni Relations capitalizes on the unique link between students and alumni of the same schools, connecting members from across the country. Over the past year, we have worked closely with local chapter leadership to identify opportunities to foster interaction between student and alumni networks. This effort has resulted in higher quality programming and has led to both record event attendance and greater overall interest in alumni programming. • ANNUAL LUNCHEON WITH JUDGE BRETT KAVANAUGH Yale Alumni Chapter • ANNUAL LUNCHEON WITH DON MCGAHN Notre Dame Alumni Chapter • ANNUAL LUNCHEON WITH JUDGE RAYMOND KETHLEDGE AND PROF. DANIEL CRANE Michigan Alumni Chapter • ANNUAL LUNCHEON WITH ATTORNEY GENERAL KEN PAXTON University of Virginia Alumni Chapter • ANNUAL LUNCHEON WITH GREGORY GARRE, PARTNER, LATHAM & WATKINS, FORMER SOLICITOR GENERAL OF THE UNITED STATES George Washington Alumni Chapter • HARVARD ALUMNI SYMPOSIUM Attendees of the Georgetown summer alumni reception: Lindsay Ashby, Scott Nielson, MJ Kirsch, and Chris Brock. Megan Brown, Wiley Rein, leads a Q&A with Dean Martha Minow at the Harvard Alumni Symposium. Harvard Alumni Chapter 646 Prof. Randy Barnett, Georgetown Law, and Mark Paoletta, General Counsel at Office of Management and Budget, enjoy a summer alumni reception held on the rooftop of the Federalist Society. ATTENDEES OF ALUMNI LUNCHES AT THE NATIONAL LAWYERS CONVENTION Texas Attorney General Ken Paxton addresses the University of Virginia Alumni Chapter. 26 Alumni Relations The Federalist Society Annual Report 2017 27 INTERNATIONAL AFFAIRS 2017 HIGHLIGHTED EVENTS • ATTENDED OPENING CEREMONY OF 2017 SESSION OF THE EUROPEAN COURT OF HUMAN RIGHTS Strasbourg, France, January • LAUNCH EVENTS FOR FRENCH LAW AND LIBERTY CIRCLE Throughout 2017, the Federalist Society’s International Affairs Division continued to provide a platform for a robust conversation on the foundational principles of constitutional government, the rule of law, and freedom among key allies in Europe and North America, thus creating global support for and furthering the effectiveness of our programs in the United States. Paris Nanterre University & Grenoble, March & November • MEETING OF SEN. MIKE LEE WITH TOCQUEVILLE FELLOWSHIP PROGRAM Washington, DC, July • SPONSORED CLASSES AT SUMMER SCHOOL HOSTED BY CONSTITUTIONAL COURT OF THE REPUBLIC OF GEORGIA Professor Nathan Sales, Syracuse University College of Law (now the U.S. State Department’s Ambassador-at-Large and Coordinator for Counterterrorism), and Jim Kelly, Director of International Affairs at the Federalist Society Batumi, Georgia, July • FEDERALIST SOCIETY EUROPEAN JUDICIAL NETWORK CONFERENCE, 19 JUDICIAL ATTENDEES Vienna, Austria, September • ATTENDED CONGRESS OF THE WORLD CONFERENCE ON CONSTITUTIONAL JUSTICE Vilnius, Lithuania, September • TALK ON ORIGINALISM AT RUNNYMEDE SOCIETY’S CHAPTER AT DALHOUSIE LAW SCHOOL In Central and Eastern Europe, we added new judges to our European Judicial Network and hosted our fourth European Judicial Network Conference in Vienna, Austria, to discuss shared judicial challenges and proposed responses related to judicial independence and free speech. In the United Kingdom, through a coalition of lawyers, academics, and members of civil society, and through programs with a growing number of partner organizations, we continued to use the country’s focus on Brexit as an inflection point for an important discussion on the future of British institutions, including the judiciary, following the country’s departure from the European Union. Hon. Edith Jones, U.S. Court of Appeals for the Fifth Circuit Halifax, Nova Scotia, September • “THINK TENT” PANEL, “SHOULD THE EUROPEAN COURT OF JUSTICE HAVE A POST-BREXIT REMIT IN THE U.K.?” Lord Edward Faulks QC, Member of the European Parliament Nirj Deva, Martin Howe QC, and Managing Director in Public Affairs at FTI Consulting Alex Deane Manchester, U.K., October DEAL Martin Howe QC; London, U.K., October • EUROPEAN ADVOCACY ACADEMY TRAINING SEMINAR Brussels, Belgium Stéphane Bonichot, Vergennes Institute, and Thibault Mercier and René Boustany of the Federalist Society’s partner organization for French students, the Law and Liberty Circle, at the Antonin Scalia Memorial Dinner. International Affairs In France and Canada, we helped build new infrastructure on existing freedom movements dedicated to debates on Federalist Society principles such as national sovereignty, the rule of law, and the importance of separation of powers, working with budding student organizations on law school campuses across both countries. In Belgium, we supported a discussion among civil society representatives from across Europe on how to promote the values of religious freedom in their home countries. • EVENT WITH POLITEIA ON BREXIT TRANSITION 28 The Federalist Society’s Fourth European Judicial Network Conference, where jurists from Central and Eastern Europe gathered in Vienna to discuss their approach to issues such as judicial independence and the freedom of expression. The work of the International Affairs Division is based on the important idea that the United States cannot stand alone in support of the values that underlie the unrivaled success of our country’s constitutional tradition. To this end, we will continue to amplify the voices of our allies in other countries who wish to join the exchange of ideas on how best to advance freedom and the rule of law around the world. Online, we continued to provide a steady stream of updates on the global governance movement and its broad environmental, economic, social, and cultural agenda on our website GlobalGovernanceWatch.org. The Federalist Society Annual Report 2017 29 NATIONAL LAWYERS CONVENTION ADMINISTRATIVE AGENCIES AND THE REGULATORY STATE NOVEMBER 16–18, 2017 • WASHINGTON, DC 2,180 ATTENDEES OF THE ANTONIN SCALIA MEMORIAL DINNER (A NEW RECORD) The National Lawyers Convention attracted an unprecedented degree of participation from lawyers, government officials, judges, and policy leaders, as well as law school faculty and students. Nearly 3,000 guests participated in the three-day event held at Washington, DC’s historic Mayflower Hotel to hear speakers and panelists discuss administrative agencies and the regulatory state. The three-day slate featured many high-profile speakers, including Sen. Tom Cotton, Attorney General Jeff Sessions, EPA Administrator Scott Pruitt, and U.S. Department of Labor Secretary Alex Acosta. Hon. C. Boyden Gray, George Will, Paul Clement, Alex Clement, and Ed Whelan at the Antonin Scalia Memorial Dinner. Steven Kenninger, Gail Jaquish, Eugene Meyer, and Gary Lawson Jay Stephens, Debbie Cooper, and Chuck Cooper Asheesh Agarwal, Aaron Nielsen, and Lisa Huang Fleischman Kellyanne Conway and Hon. Jeff Sessions chat before the dinner. 32 National Lawyers Convention Leonard A. Leo greets Justice Neil Gorsuch before his dinner speech. Guests enjoyed a special treat when White House Counsel Don McGahn shared background stories regarding the administration’s judicial selections at the 17th Annual Barbara K. Olson Memorial Lecture. After a ten-year hiatus, the Antonin Scalia Memorial Dinner (formerly the Annual Dinner) returned to Washington’s Union Station for the banquet’s 35-year anniversary. The elegant hall was festively decorated with Federalist Society colors and our signature Madison head logo. Over 2,000 guests mingled with old friends, made new acquaintances, and heard Justice Neil Gorsuch share his thoughts on his eventful year and the future of the Supreme Court. John Scalia, Maureen Scalia, Trish Scalia, and Eugene Scalia enjoy the pre-dinner reception. Angela Meyers, Alan Gocha, Kari Gocha, and Michael Goldfarb. Jason Gonzalez, Hon. Gregory G. Katsas, and Justice Neil Gorsuch Spencer Abraham, Lee Liberman Otis, and William Otis at the Antonin Scalia Memorial Dinner at Union Station. The Federalist Society Annual Report 2017 33 Roger Severino discusses religious freedom and the administrative state. Hon. Jennifer Walker Elrod moderates a panel on public interest litigation. Prof. Jennifer L. Mascott discusses agencies and the federal judiciary. ‘‘ America was founded on the belief that people should be trusted to govern themselves.’’ U.S. Department of Labor Secretary R. Alexander Acosta speaks on the need to deregulate for liberty’s sake. 34 Practice Groups Sen. Tom Cotton delivers opening remarks for the 2017 National Lawyers Convention on the “regulatory state.” Hon. Jeff Sessions, Attorney General of the United States, speaks to a full house at the NLC. Hon. Scott Pruitt, Administrator of the Environmental Protection Agency, discusses regulatory clarity. The Federalist Society Annual Report 2017 35 Mr. Donald F. McGahn, II, White House Counsel, delivers the 17th Annual Barbara K. Olson Memorial Lecture. 22% Attendees of the Tenth Annual Rosenkranz Debate were treated to a spirited discussion of Lochner v. New York. INCREASE IN REGISTRATION FROM 2016 TO 2017 Hon. Ted Olson, Douglas Cox, George T. Conway, III, Hon. Edith Jones, and Hon. R. Alexander Acosta enjoy the Barbara K. Olson Memorial Lecture by Mr. Donald F. McGahn, II. 36 National Lawyers Convention Prof. Randy Barnett, Prof. Nicholas Quinn Rosenkranz, & Prof. Akhil Amar. Hon. Susan E. Dudley and Prof. Aditya Bamzai discuss regulation. Hon. Neomi Rao, Administrator, Office of Information and Regulatory Affairs. Dean A. Reuter, Federalist Society VP, with Hon. William H. Pryor Jr. Hon. Don Willett and Prof. Jonathan H. Prof. Hadley Arkes and Dr. John S. Adler chat in the Grand Promenade. Baker chat with NLC attendees. The Federalist Society Annual Report 2017 37 2017 TOP PAPERS • CRIPPLING THE INNOVATION ECONOMY: REGULATORY OVERREACH AT THE PATENT OFFICE Alden Abbott, Erika Lietzan, Adam Mossoff, Kristen Osenga, Brian O’Shaughnessy, Hon. Randall R. Rader, Robert Stien • GOVERNMENT REGULATION: THE GOOD, THE BAD, & THE UGLY Howard Beales, Jerry Brito, J. Kennerly Davis, Jr., Christopher DeMuth, Donald Devine, Susan Dudley, Brian Mannix, John O. McGinnis • OCCUPATIONAL LICENSING RUN WILD Dana Berliner, Daniel Greenberg, Paul J. Larkin, Jr., Clark Neily, Ryan Nunn, Jonathan Riches, Luke A. Wake 2017 TOP FREE LUNCH PODCASTS • IS THERE A “DEATH SQUAD” AT THE U.S. PATENT OFFICE? EXAMINING THE PATENT TRIAL AND APPEAL BOARD Josh Malone, Kristen Osenga, Brian O’Shaughnessy • HEIMLICH MANEUVER ON OPERATION CHOKE POINT? Pete Patterson • CARDIAC ARREST: A CAUTIONARY TALE? Howard Root • LAWS, REGULATIONS, & “REGULATORY DARK MATTER” In the ultra-complex and interconnected digital age in which we live, government must issue and enforce regulations to protect public health and safety. However, despite the best of intentions, government regulation can fail, stifle innovation, foreclose opportunity, and harm the most vulnerable among us. It is for precisely these reasons that we must be diligent in reviewing how policies either succeed or fail, and think about how we might improve them. Founded in 2016, the Federalist Society’s Regulatory Transparency Project aims to identify areas in which regulatory policies can be improved and to foster a national conversation on the potential harms that regulations can create when not reviewed with a critical eye. To this end, the Regulatory Transparency Project’s working groups have produced papers, videos, and Teleforum calls on various regulatory topics—all of which can be found on our website, RegProject.org. We invite you to join this examination and discussion and to share your stories if you have benefited or been adversely affected by regulation. Secretary of Transportation Elaine Chao discusses transportation regulations for RTP’s documentary series, Fourth Branch. Wayne Crews 2017 TOP FOURTH BRANCH VIDEOS • REGULATION AND THE AMERICAN DREAM George J. Terwilliger, III, Susan Dudley, Christopher DeMuth, Sen. Dan Sullivan, Bill Wichterman • REGULATION FROM WASHINGTON: EXPLORING UNSEEN COSTS Susan Dudley, Christopher DeMuth, George J. Terwilliger, III, Sen. Dan Sullivan, Bill Wichterman • SHOULD YOU NEED A LICENSE TO MASSAGE A HORSE? Dana Berliner, Paul Avelar, Mark Flatten, Christina Sandefur, Koren Wong-Ervin, Gov. Doug Ducey, Sen. Mike Lee 38 Regulatory Transparency Project Gregory S. McNeal contributes to a Fourth Branch video on the intersection of regulation and innovation. James C. Cooper, Lisa Kimmel, Koren Wong-Ervin, Hon. Maureen Ohlhausen, and Sarah Oxenham Allen discuss occupational licensing and antitrust implications in this RTP event. The Federalist Society Annual Report 2017 39 2017 HIGHLIGHTED EVENTS • ARTICLE I INITIATIVE CONFERENCE Capital Visitor Center, January 12 • HOUSE JUDICIARY COMMITTEE AGENDA WITH CHAIRMAN GOODLATTE National Press Club, February 1 • CAPITOL HILL PANEL DISCUSSION OF DC CONFIDENTIAL BY PROF. DAVID SCHOENBROD Rayburn House Office Building, April 19 • CONGRESS AND EXECUTIVE BRANCH: THE FIFTH ANNUAL EXECUTIVE BRANCH REVIEW (CO-SPONSORED WITH PRACTICE GROUPS) The Mayflower Hotel, May 17 • DC SUMMER ASSOCIATE RECEPTION WITH SEN. MIKE LEE (CO-SPONSORED WITH THE DC YOUNG LAWYERS CHAPTER) Jones Day, June 12 • THE CONSTITUTIONAL WAR POWERS OF THE EXECUTIVE AND LEGISLATIVE BRANCHES This year, the Initiative more than doubled the number of Article I events it organized and facilitated on Capitol Hill and at our student and lawyers chapters across the country. To further support the Initiative’s efforts, we launched a podcast called “Necessary & Proper” and a writing contest dedicated to “Restoring the Constitutional Congress.” We also worked with the Philadelphia Inquirer to publish a four-part series marking the 230th anniversary of the signing of the Constitution. The series explored the separation of powers and the first three articles of our founding document and featured thoughts from Hans von Spakovsky, Hon. Christopher DeMuth, Prof. John Yoo, Prof. Saikrishna Prakash, and Prof. Michael McConnell. These programs contribute to our overall goal of igniting a discussion on the proper role of Congress. Sen. Rand Paul speaks at George Washington Law School. More than 3,000 people watched the live stream. Russell Senate Office Building, July 7 • FUNDING THE GOVERNMENT: THE BUDGET PROCESS AND OMNIBUS SPENDING BILLS Rayburn House Office Building, September 22 To learn more about the Initiative and stay up-to-date, please visit fedsoc.org/articlei. • DEBATE: STATUTORY AUTHORITY AND SEXUAL ASSAULT George Washington Law School, October 4 • CONGRESSIONAL REDISTRICTING: GERRYMANDERING AND THE PEOPLE’S HOUSE Rayburn House Office Building, November 27 • CHECKING THE EXECUTIVE: THE IMPORTANCE OF CONGRESSIONAL OVERSIGHT Longworth House Office Building, December 15 The Initiative presents a panel on congressional oversight in the House Committee on Ways and Means hearing room. 40 Article I Initiative Jay Cost, Weekly Standard, discusses gerrymandering. The Federalist Society Annual Report 2017 41 DIGITAL In 2017, FedSoc Digital produced 76 videos on Supreme Court cases, public policy topics, and Federalist Society events. With the addition of new talent to our team, we continued to increase the quality and reach of our videos. Our videos averaged 60,000 views in total (YouTube+Facebook), and four of our videos earned over 100,000 views. Google featured our “Why Can’t You Buy a Tesla in Utah?” video on their homepage, driving over 360,000 views. “Regulating Rideshare,” our documentary short on Uber and Lyft in Austin, TX, was accepted into the Anthem and Richmond International Film Festivals. Other video topics in 2017 included: • Introduction to Common Law • Why Read Tocqueville? • Constitutional War Power: The Founders’ Framework • Regulatory Takings Law: Exceptions to Penn Central • and more… 3M YOUTUBE VIEWS IN 2017 (UP 187% FROM LAST YEAR) Prof. Kristen Osenga, University of Richmond School of Law, discusses the first principles of intellectual property. Watch the debate on our YouTube channel. FedSoc Digital not only creates new content but also serves the Society’s traditional programs through marketing, design, and multimedia production. Digital services include social media advertising, event recording, photography, podcast audio, and more. The Federalist Society Annual Report 2017 43 2017 MOST-WATCHED VIDEOS • CAPITALISM V. CRONYISM: WHY CAN’T YOU BUY A TESLA IN UTAH? Featuring Greg Reed, Institute for Justice • WHAT IS BITCOIN MINING? Featuring Peter Van Valkenburgh, Coin Center • INCOME INEQUALITY: IS IT FAIR OR UNFAIR? Featuring Daniel Markovitz, Yale Law School, and Yaron Brook, Ayn Rand Institute • STUDYING THE COMMON LAW Featuring Richard Epstein, NYU School of Law • CAN LAWS BE SIMPLE? Featuring Richard Epstein, NYU School of Law • MASTERPIECE CAKESHOP V. COLORADO CIVIL In 2017, a generous grant allowed us to purchase state-ofthe-art video equipment and renovate our video studio. RIGHTS COMMISSION Featuring Mark Movsesian, St. John’s University School of Law • OK, GOOGLE: ARE YOU LISTENING? Featuring Ryan Radia, Competitive Enterprise Institute; Paul Rosenzweig, The George Washington University Law School; and Ehsan Zaffar, American University Washington College of Law • WHAT IS SELF-OWNERSHIP? 13K+ THE NUMBER OF HOURS OUR Featuring Richard Epstein, NYU School of Law VIDEOS WERE WATCHED ON • COMPLEX PROPERTY ARRANGEMENTS Featuring Richard Epstein, NYU School of Law YOUTUBE IN 2017 • DRIVERLESS CARS: INNOVATING REGULATION Featuring Victor Schwartz, Shook, Hardy & Bacon 2017 MOST-WATCHED LIVE STREAMS • A CONVERSATION WITH SEN. RAND PAUL Tagboards at major events increase engagement on social media. #FedSoc2017 was used 7,800+ times at the NLC. George Washington University Law School • ADDRESS BY HON. JEFF SESSIONS 2017 National Lawyers Convention • INCOME INEQUALITY: IS IT FAIR OR UNFAIR? Yale Law School • 2017 SUPREME COURT PREVIEW The Mayflower Hotel • REMARKS BY VICE PRESIDENT MICHAEL R. PENCE Congress Hall, Philadelphia, PA • TENTH ANNUAL ROSENKRANZ DEBATE 2017 National Lawyers Convention • ADDRESS BY SEN. TOM COTTON 2017 National Lawyers Convention • ADMINISTRATIVE AGENCIES & THE FEDERAL JUDICIARY PANEL 2017 National Lawyers Convention • THE FREE SPEECH VERNACULAR University of Chicago Law School • MULTIDISTRICT LITIGATION CONFERENCE Kirkland & Ellis 44 Digital In 2017, we live streamed 40 events, including 17 events at the National Lawyers Convention, averaging 400 viewers (214 on YouTube and 186 on Facebook). On June 15, Scalia: Portrait of a Man & Jurist premiered exclusively on Hulu. The Washington Times said of the documentary, “The wide array of primary sources gives viewers new insight into Scalia, even if they are already intimately familiar with the justice’s life and work.” Justice Thomas, who appears in the documentary, said, “That was an incredibly touching video. It really got to me. A beautiful film.” Other interviews include Chief Justice Roberts, Justice Alito, Justice Kagan, Justice Ginsburg, Antonin Scalia’s family, and many legal experts. The documentary is available for free to our student and lawyers chapters to show at events. Ryan Radia, Competitive Enterprise Institute, explains “Third-Party Doctrine” in a documentary short on digital privacy. Sam Adkisson, Yale Student Chapter president, introduces Dr. Yaron Brook, Ayn Rand Institute, and Prof. Daniel Markovitz, Yale Law School, at a debate on income inequality. More than 1,200 people watched the live stream. The recording is available on YouTube and has over 250,000 views. The Federalist Society Annual Report 2017 45 PUBLICATIONS 2017 MOST-READ ARTICLES • BLAINE AMENDMENTS AND THE UNCONSTITUTIONALITY OF EXCLUDING RELIGIOUS OPTIONS FROM SCHOOL CHOICE PROGRAMS By Erica Smith • THE PRINCIPLED SCALIA: A LIBERAL FRIEND ON SCALIA’S LIBERAL OPINIONS By Stephen B. Presser • MORALLY INNOCENT, LEGALLY GUILTY: THE CASE FOR MENS REA REFORM By John G. Malcolm • NET NEUTRALITY WITHOUT THE FCC?: WHY THE FTC CAN REGULATE BROADBAND EFFECTIVELY By Roslyn Layton • THE RISKS OF REGULATING IN THE DARK By Sofie E. Miller The Federalist Society Review is our legal journal, featuring law review-style articles geared toward a non-academic audience of lawyers and law students. We published articles from Volume 18 of the Federalist Society Review throughout 2017, all of which can be found on our website and on Westlaw. Our most popular articles were Blaine Amendments and the Unconstitutionality of Excluding Religious Options From School Choice Programs, by Erica Smith, The Principled Scalia: A Liberal Friend on Scalia’s Liberal Opinions, a review of David Dorsen’s book The Unexpected Scalia by Stephen B. Presser, and Morally Innocent, Legally Guilty: The Case for Mens Rea Reform, by John G. Malcolm. We published articles on hot topics like net neutrality and voting rights, and on more obscure but no less important issues like Contract Clause jurisprudence and state non-compete laws. A federal judge shared his “modest proposal” for reducing the size of the federal judiciary, and we published five book reviews on a wide range of subjects. We hope you enjoy reading the Federalist Society Review, and we look forward to bringing you more excellent legal scholarship in Volume 19. BLOG 2017 MOST-READ BLOG POSTS • “UNCOMMONLY SILLY”—AND CORRECTLY DECIDED: THE RIGHT AND WRONG OF GRISWOLD V. CONNECTICUT AND WHY IT MATTERS TODAY By Evan Bernick • SCOTUS DECLARES THAT THE PTO IS NOT A SAFE SPACE By John Shu • ATTORNEY GENERAL DIRECTS DOJ TO STOP CIRCUMVENTING APA By Susan E. Dudley The FedSoc Blog is dedicated to disseminating intellectually diverse, high quality, and regular commentary developed by our experts. The platform serves the mission of the Society by acting as a source for open, fair, and serious discussion on contemporary legal issues. In 2017, we published 113 blog posts with topics spanning across all Federalist Society practice groups and divisions. The blog endeavors to continue to be a pulse for the legal world with its commitment to quality arguments and its characteristic FedSoc tone, style, and charm. • DC CIRCUIT STRIKES DOWN “GOOD-REASON” REQUIREMENT FOR HANDGUN CARRY LICENSES By Carl T. Bogus & Joseph Greenlee • WILL TRUMP HAVE THE FIRST NUMERATE ADMINISTRATION? By James Scanlan • RACIAL IMPACT STATEMENT LAWS IN NEW JERSEY AND ELSEWHERE By James Scanlan • THE SCOTUS TAX CASE TO WATCH: MARINELLO V. UNITED STATES By Erica Marshall • COMPLIANCE NIGHTMARE LOOMS FOR BALTIMORE POLICE DEPARTMENT By James Scanlan • KENNEDY, KOREMATSU, AND THE TRAVEL BAN By John Reid • JUSTICE THOMAS’S LONG HISTORY OF CRITICIZING ASSET FORFEITURE By Nick Sibilla 130,000+ VISITS TO OUR BLOG IN 2017 In November, Vincent Vitkowsky wrote a review of Jeremy Rabkin & John Yoo’s book, Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War. 46 Publications and Blog Topics and expertise drawn from the Federalist Society practice groups and divisions. The Federalist Society Annual Report 2017 47 Madison Club Benefactors $10,000–$24,999 BENEFACTORS Madison Club Platinum $100,000 or more Scott and Cyan Banister The Lynde & Harry Bradley Foundation E.L. Craig Foundation Ravenel and Elizabeth Curry Foundation The Hugh and Hazel Darling Foundation Donors Trust Google Roger and Susan Hertog The William and Flora Hewlett Foundation Hickory Foundation The Holman Supporting Foundation Jaquish & Kenninger Foundation Charles G. Koch Charitable Foundation David H. Koch Koch Industries, Inc. Mark Kolokotrones Liberty Fund, Inc. Lilly Endowment, Inc. The Marcus Foundation, Inc. Lynne and Andrew Redleaf Foundation The Rosenkranz Foundation Sarah Scaife Foundation Searle Freedom Trust Rex Sinquefield Donald and Paula Smith Family Foundation Mr. and Mrs. Thomas W. Smith The Diana Davis Spencer Foundation The John Templeton Foundation The Ed Uihlein Family Foundation Ted and Jennifer Ullyot Walmart Karen Wright Anonymous (11) 48 Benefactors Madison Club Gold $50,000–$99,999 Arthur & Carlyse Ciocca Charitable Foundation Cognizant Technology Solutions George and Kellyanne Conway* The Anschutz Foundation Michael & Susan Dell Foundation Carl Barney Richard and Helen DeVos Foundation Chevron Corporation The William H. Donner Foundation Adolph Coors Foundation Facebook Anthony and Christie de Nicola Gale Foundation Trust The Dunn Foundation Garcia Family Foundation Sean Fieler GlaxoSmithKline Gibson, Dunn & Crutcher LLP Pierre F. and Enid Goodrich Foundation C. Boyden Gray* The Grover Hermann Foundation Frank J. Hanna III Randy Kendrick Margaret “Peggy” Hill The F.M. Kirby Foundation, Inc. Knights of Columbus Kirkland & Ellis LLP Koret Foundation Lebensfeld Foundation Ken and Frayda Levy Living Stones Foundation Charitable Trust Microsoft Bob Luddy National Constitution Center John and Mary Lee Malcolm Pfizer Inc. Mayer Brown LLP The John William Pope Foundation Esther and Hyman Rapport Philanthropic Trust McCarter & English, LLP McGuireWoods LLP Robert B. Reingold Meijer Daniel Shuchman Ambrose Monell Foundation U.S. Chamber of Commerce Napa Institute David Weinstein The Perry Family Foundation Dick and Mary Beth Weiss Point72 Asset Management Anonymous (8) William E. Simon Foundation Robert S. and Dian G. Smith* Madison Club Silver The Snider Foundation Springview Foundation $25,000–$49,999 Sullivan & Cromwell LLP Verizon 7th Generation Foundation Wiley Rein LLP The Achelis and Bodman Foundation WilmerHale Asness Family Foundation Fred M. Young, Jr. Baker & Hostetler LLP Anonymous (7) Bank of America Boysie Bollinger * Denotes individuals who are founding members of their respective clubs. Akin Gump Strauss Hauer & Feld LLP Alliance Defending Freedom Alston & Bird LLP The Armstrong Foundation Bartlit Beck Herman Palenchar & Scott LLP Frank E. Baxter Stephen and Camilla Brauer Brownstein Hyatt Farber Schreck, LLP Chase Foundation of Virginia Ying Chen Consovoy McCarthy Park PLLC Cooper & Kirk PLLC Covington & Burling LLP Douglas R. Cox Debevoise & Plimpton LLP Deramus Foundation DLA Piper Stuart W. Epperson Erickson Family Charitable Foundation ExxonMobil Corporation Michael and Marilyn Fedak Foley & Lardner LLP Foundation for Individual Liberty Goodwin Procter LLP Hogan Lovells US LLP Hunton & Williams LLP The Charles and Ann Johnson Foundation Jones Day Ewing Marion Kauffman Foundation King & Spalding LLP Manuel and Willette Klausner Latham & Watkins LLP Dr. and Mrs. Robert Levy Bartley J. Madden Foundation Douglas Kirk and Marta Lourdes Mayer Philip M. McKenna Foundation Joanne and Fred Medero Stephen Modzelewski and Deborah Sze Morgan, Lewis & Bockius LLP National Security Institute, Antonin Scalia Law School, George Mason University Nersi Nazari and Maria Hasbun Nazari Dennis R. Nolan Ogletree Deakins Theodore Olson* O’Melveny & Myers LLP David B. Rivkin, Jr. Tara and Adam Ross Raymond Ruddy and Marilyn Ruddy R. Carlton Seaver Sidley Austin LLP Boyd C. Smith Jim Stephenson, Yancey Bros. Co. Sunmark Foundation Nicholas Swenson Whitcomb Charitable Foundation Winston & Strawn LLP Anonymous (9) Madison Club Sustaining Members $5,000–$9,999 Logan Beirne Wendell R. Bird Mr. and Mrs. Roger Brooks Campbell Soup Company Ceres Foundation The George E. Coleman Jr. Foundation Daniel P. Collins David and Anne Colquitt Trevor K. Copeland Michael Crofton, The Philadelphia Trust Co. Pilar and Lew Davies Kenneth W. Davis Foundation J. Christopher and Ann C. Donahue Federated Investors Foundation, Inc. Daniel T. Flatley Theodore H. Frank Robert J. Giuffra, Jr. Michael & Rosalind Keiser Charitable Fund Virginia M. Kincaid Foundation Raymond W. Leyden John and Mary-Claire Lucas Roger and Nancie Marzulla Randolph J. May Michael J. McKeon Francis J. Menton, Jr.* Jack Miller Family Foundation Tariq Mundiya Munger, Tolles & Olson LLP Roland G. and Bette B. Nehring William and Lee Liberman Otis* Dian Graves Owen Foundation Raytheon The Roe Foundation Chris J. Rufer George E. Sinor, Jr. Richard Weekley Wilson Sonsini Goodrich & Rosati Yorktown Alliance for Authentic Constitutionalism Anonymous (4) The Federalist Society wishes Hon. Orrin Hatch all the best in retirement. We sincerely appreciate his leadership and wisdom over the years. The Federalist Society Annual Report 2017 49 Madison Club $1,000–$4,999 Alden F. Abbott Wayne A. Abernathy Jonathan H. Adler Paul Ahern Mike K. Ain David B. Allen Robert Alt John G. Amato K. Tucker and Karen K. Andersen Dave Anderson Douglas Anderson and Mary Barnicle James E. Anklam Peter Antonelli David L. Applegate Emil Arca Hadley Arkes Morris S. Arnold Andrew Baak Bader Family Foundation Evan Baehr John S. Baker, Jr. Stewart A. Baker Jodi S. Balsam Sydney Balsbaugh Robert Barker Randy E. Barnett Benjamin Barr Barry Family Fund Gregory L. Barton William Baude Louise Bea Lee Beaman Philip S. Beck Ashley L. Belleau Bradford and Susan Berenson Lawrence Bernheim David Bernstein Ketan D. Bhirud Bonnie G. Bird Josh Blackman Morton C. Blackwell John R. Boname Nicolas Bourtin A. James Boyajian Brian D. Boyle J. Bayard Boyle, Jr. Jennifer C. Braceras Susan G. Braden Rachel Brand and Jonathan Cohn Joseph P. Brannigan Todd Braunstein Lindley J. Brenza Dan Bress Robert S. Brewer, Jr. 50 Benefactors Nicholas Bronni William J. Brown, Jr. Anthony Joseph Bruno Jeffrey S. Bucholtz Bobby Roy Burchfield Christopher Burger William H. Burgess IV Arthur Burke Joseph T. Burns Henry & Paige Butler Matthew and Julie Byrne Michael A. Carvin Mark Casso David L. Cavicke Kenneth Chadwick David J. Chapman Tom Christina Elizabeth Ann Clarke Bruce Claugus Roger Clegg Shannen W. Coffin Bradford M. Cohen William J. Colwell J. Michael Connolly Sean C. Connors William S. Consovoy Sean J. Cooksey Manus Michael Cooney Charles J. Cooper Matt Cooper Gregory D. Cote James C. Creigh Robert J. Crnkovich R. Pepper Crutcher Gregory Damon Paul E. Dans Donald A. Daugherty, Jr. Michael J. Daugherty Patrick Daugherty Jack David J. Kennerly Davis, Jr. William E. Davis John T. Delacourt Mark S. Determan Harmeet K. Dhillon Dodge Jones Foundation Gregory Dolin Grant Dorfman Susan E. Dudley Michael and Nancy Duncan Morris D. Dunn Edgerly Foundation Michael J. Edney Henry Eickelberg Thomas May and Cindy Eldred William J. Emanuel Rick M. Esenberg Jack Etheridge* John and Deborah Lee Evangelakos Tyrone C. Fahner Thomas A. Farr Daniel Feith Fred F. Fielding Brian T. Fitzpatrick Chad Flores and Sarah Isgur Flores Benjamin M. Flowers Margaret “Peggy” Foran Lawrence J. Fossi Michael K. Friedland Sandra S. Froman The Fund for American Studies Legal Studies Institute James E. Gauch Todd Gaziano and Cindy Brown GE Foundation Stuart Gerson Raymond L. Gifford Benjamin L. Ginsberg Paul Glenchur The Jonathan & Julia Goldstein Family Fund Scott W. Gordon Todd Graves Edward D. Greim Michael and Louisa Greve Anne Griffin John Timothy Griffin A. Gregory Grimsal Alan Gura Alexander Haas John S. Hahn Christopher J.D. Haig Joshua D. Harlan Jeffrey M. and Sarah M. Harris Richard A. Hauser Kyle Hawkins Arthur D. Hellman Gail L. Heriot Lois Haight Herrington* Hamilton H. Hill Karl J. Hirshman James and Allyson Ho Donald Hodel* Katie and Phil Holthouse Henry M. and Erika Holzer Michael Howerton Jim Huffman J.C. Huizenga Sandra Ikuta Gregory F. Jacob Judith Jacobs* Jeffrey S. Jacobson Erik S. Jaffe Ashley Elizabeth Jones Johnson Christine Johnson Jeff Johnson Eric J. Kadel, Jr. Mark Kahrs David A. Kass Leo Kayser III Scott Keller Daniel J. Kelly James P. Kelly III Michael Kenneally Howard J. Klein Roger D. Klein Richard Klingler Kenneth A. Klukowski Linda Whitlow Knight Daniel M. Kolkey James A. Kraehenbuehl Bill and Sara Krochalis Jeffrey C. Kubin Eddie LaCour Raymond J. LaJeunesse, Jr. Grant Lally* William K. Lane III James Lapeyre, Jr. Al Latham John F. Lauro, P.A. Kenneth K. Lee Steven Lehotsky David G. Leitch James C. LeMay Steven Leonard Andy Lester* William R. Levi Anne W. Lewis Marc Lisker Cory Liu Libby Locke Michael J. Lockerby Rose Ann Lovell Shannon Mader Mike Madigan Marcia G. Madsen Garry D. Malphrus Nathan S. Mammen Tony Marshall Michael C. Massengale Steve A. Matthews Daniel D. Mauler John S. McBride Jennifer R. McCain Robert McCallum Thomas R. McCarthy Tammy D. McCutchen Kevin and Cindy McDermott Diane L. McGimsey John O. McGinnis Brent J. McIntosh Joseph McLaughlin John P. Mead Amelia Medina John and Bria Mertens * Denotes individuals who are founding members of their respective clubs. David Applegate, Ian Brenson, Trevor Copeland, Dorceen Boyle, Greg Bedell, Mark Schultz, Ryan Schermerhorn, and Jacob Huebert at the National Lawyers Convention. Craig Metcalf Adam Meyerson and Nina Shea Milton A. Miller Kenneth M. Minesinger Cleta Mitchell Mark D. Mittleman Thomas and Meredith Moll Hashim M. Mooppan Andrew J. Morris Richard T. Morrison Deborah L. Morse Mueller Family Charitable Trust John D. Murnane National Beer Wholesalers Association Gregory E. Neppl Gale A. Norton Carl W. Nuessle Coleman A. Nutter* Eileen J. O’Connor Michael O’Connor Thomas P. Ogden Alexander P. Okuliar Philip and Diane Olsson John C. O’Quinn Kevin O’Scannlain Kristina Reynolds Osterhaus Don Padgitt Thomas V. Panoff Adam S. Paris Michael H. Park Ashley C. Parrish Ernest T. Patrikas Eliot Pedrosa Eric J. Pelton James F. Penman Mark A. Perry Patrick F. Philbin Roger and Juliana Pilon Kevin J. Plummer Jerry Wayne Powell George Priest Andrew Prins Mark Pulliam* Alfred W. Putnam, Jr. David T. Ralston, Jr. Michael D. Ramsey Alan C. Raul Beverly Reese Sara Church Reese Wm. Bradford Reynolds* Craig V. Richardson Joe Ricketts David W. Robertson Robertson-Finley Foundation James M. Rockett Quincy Rodgers Leslie Rose* Michael E. Rosman* Ronald D. Rotunda Ronnie and Lanelle Samms Hiram Sasser D. John Sauer Eugene Scalia Frank J. Scaturro Michael Scharf Will Scharf Carl J. Schramm and Ellyn L. Brown Maimon Schwarzschild Arthur L. Scinta* Jeffrey T. Scott Prerak Shah Kannon Shanmugam Ilya Shapiro Robert Shapiro Andrew Siff Raag Singhal David Slavin Douglas G. Smith Joseph C. Smith, Jr. Loren A. Smith John A. Smyth III G. Ryan Snyder Abraham D. Sofaer* John J. Soroko* Paula M. Stannard* Louis L. Stanton Kenneth W. Starr* Grant E. Starrett Edward E. Steiner Dorothy M. Stephens Jay B. Stephens Elizabeth E. Stern Catherine Stevens Strake Foundation Patrick Strawbridge Frank B. Strickland Robert and Leslie Suffoletta Kurt W. Swogger Jeffrey Taft Curtis S. Tamkin Clifford and Lucille Taylor Josephine Templeton Paul M. Terrill III Sumi Thomas David H. Thompson Larry D. Thompson Gordon D. and Kathryn Todd Lorianne Updike Toler Jason Torchinsky Donald J. Toumey Eric W. Treene Daniel E. Troy Kevin L. Turner Michael Uhlmann E. Peter Urbanowicz, Jr. Brian Van Klompenberg Lorenzo Vecchioli John J. Vecchione Mark Steven Venezia Jeffery J. Ventrella Jidge Verity Paul and Natasha Vronsky Bonnie K. Wachtel* Douglas and Charlotte Waikart Sheila D. Walcoff Michael B. Wallace Sheila Walpin* Blaise Warren and Sarah Hawkins Warren David and Colleen Wasinger C. Michael Watson Richard and Eileen Weicher Hill Wellford Blaine Werner Frank White J. Michael Wiggins and Erika Birg Richard E. Wiley Beth A. Williams Edwin Williamson* John P. Witten D. Craig Wolf Thomas R. Wolfe Sky Woodward Joshua D. Wright David F. Yates* Evan A. Young James W. Ziglar Anonymous (15) Legacy Club Bonnie G. Bird Barbara Bruin Nina Cunningham Catherine Lomuscio Hashim M. Mooppan Alfred S. Regnery Raymond Ruddy and Marilyn Ruddy Douglas and Charlotte Waikart The Federalist Society Annual Report 2017 51 Founders Club Paul Accomando Joel Alicea Robert F. Baldwin III Rob Barthelmess Logan Beirne Jonathan Berry Josh Blackman Kathryn Boatman Reid Bolton A. James Boyajian Anthony Joseph Bruno Julie Byrne Joanne Chan Craig Chosiad* Raija Churchill Andrew Clark Tyler Clarkson William Coglianese David and Anne Colquitt J. Michael Connolly Sean Cooksey Alexander Cox* Alyssa DaCunha Jason Dexter Adam Doverspike Dominic Draye Robert Dunn Daniel Feith Benjamin Flowers David Fotouhi Stephanie Freudenberg Nevin Gewertz Brian Goldman Anne Gordon Travis Greaves Adam Gustafson Liam Hardy Jeffrey M. and Sarah M. Harris Kyle Hawkins* Jonah Hecht Cody Herche Chris Hering Bradley Hubbard Kathleen Hunker Michael Huston David P. Johnson Jeff Johnson Emily Kelchen Michael Kenneally Kevin King Stephen Klein Steven Klenda Kenneth Klukowski James Kraehenbuehl 52 Eddie LaCour Thomas Lampman William Lane III Andrew Lanius William Levi* Brian & Jennifer Lichter Brian Lipshutz Cory Liu Shiva Logarajah Johnathan Lott Jack Lund Steven Mairella George Maliha Richard A. McAvoy Owen McGovern Amelia Medina Peter Milligan William Moccia Thomas and Meredith Moll Michael Munoz Joel Nolette Hayden O’Byrne Michael O’Connor* Eric Osborne Patrick Pennella Lanora Pettit Andrew Pinson Andrew Prins Michael and Haley Proctor Austin Raynor Sean Sandoloski* Will Scharf Ryan Schermerhorn Prerak Shah* Sean Siekkinen Oramel Skinner III G. Ryan Snyder Grant E. Starrett Daniel Suhr* David Suska Jason Sykes J.B. Tarter* Christopher Thomas Paul Vanderslice, Jr. L. Browning VanMeter, Jr. Jordan Von Bokern Paul Vronsky Blaise Warren and Sarah Hawkins Warren Colin Watson* Edward Wenger Jason Wilcox* Ben D. Wilson William Wray, Jr. Charles Yates Anonymous (1) Benefactors and Photos Peter K. Redpath, Federalist Society VP, and Richard Cleary at the Student Leadership Conference Reception. Devon Westhill, Director of the Regulatory Transparency Project, and Dr. Roger D. Klein at the National Convention. Sen. Marco Rubio of Florida addresses the Annual Florida Chapters Conference. Jonathan Bunch, Federalist Society VP, Hon. Trevor McFadden, and Kelly McFadden at the Christmas Party. Gov. Matt Bevin, Kentucky, at the KY Chapters Conference. Lisa B. Ezell and C. David Smith, Federalist Society VPs. * Denotes individuals who are founding members of their respective clubs. Hon. Jerry Smith introduces Allyson Ho and Andre Segura at the Annual Texas Chapters Conference. Hon. Raymond Kethledge at a DC Young Lawyers event. The Federalist Society Annual Report 2017 53 REPORT OF INDEPENDENT AUDITORS withum AUDIT TAX ADVISORY Board of Directors The Federalist Society for Law and Public Policy Studies 1776 I St, N.W., Ste. 300 Washington, DC 20006 Report on the Financial Statements .JL. We have audited the accompanying financial statements of The Federalist Society for Law and Public Policy Studies, which comprise the statement of ?nancial position as of September 30, 2017 and the related statements of activities and cash flows for the year then ended, and the related notes to the ?nancial statements. Management's Responsibility for the Financial Statements The Society's management is responsible for the preparation and fair presentation of these ?nancial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of ?nancial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these ?nancial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the ?nancial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the ?nancial statements. The procedures selected depend on the auditor's judgment. including the assessment of the risks of material misstatement of the ?nancial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the ?nancial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of signi?cant accounting estimates made by management, as well as evaluating the overall presentation of the ?nancial statements. We believe that the audit evidence we have obtained is suf?cient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the ?nancial statements referred to above present fairly, in all material respects, the ?nancial position of The Federalist Society for Law and Public Policy Studies as of September 30, 2017, and the changes in its net assets and its cash ?ows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matter - September 30, 2016 Financial Statements The ?nancial statements of The Federalist Society?for Law and Public Policy Studies for the year ended September 30, 2016 were audited by Bond Beebe, PC, who joined WithumSmith+Brown, PC effective September 1, 2017, and they expressed an unmodi?ed opinion on the statements in their report dated February 23, 2017. No auditing procedures have been performed with respect to the September 30, 2016 ?nancial statements since that date. 5 13,1 . 17?1/1 rip/(Fwy r' Bethesda, MD February 9, 2018 THE FEDERALIST SOCIETY FOR LAW AND PUBLIC POLICY STUDIES STATEMENTS OF FINANCIAL POSITION SEPTEMBER 30, 2017 AND 2015 CURRENT ASSETS Cash and cash equivalents Inventory Grants receivable Contributions receivable Other receivables Prepaid expenses GRANTS RECEIVABLE - LONG-TERM INVESTMENTS FIXED ASSETS Computer equipment and software Of?ce furniture and equipment Leasehold improvements Accumulated depreciation and amortization OTHER ASSETS TOTAL ASSETS CURRENT LIABILITIES Accounts payable and accrued expenses Accrued compensation Deferred revenue Deferred lease obligation OTHER LIABILITIES Deferred lease obligation - net of current portion TOTAL LIABILITIES NET ASSETS Unrestricted Temporarily restricted Permanently restricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS ASSETS 2017 2016 13,921,684 12,831,157 9,172 17,831 2,049,361 1,253,066 80,000 361,490 11,634 7,727 171,502 549,164 16,243,353 15,020,435 988,863 - 12,386,808 11,996,169 735,948 280,267 389,576 406,430 50,312 49,762 1,175,836 736,459 (483,261) (374,934! 692,575 361 525 95,593 173,821 30,407,192 27,551,950 LIABILI11ES AND NET ASSETS 487,383 307,945 178,584 163,451 318,315 271,106 9,134 9,134 993,416 751,636 1,072,193 1,004,005 2,065,609 1,755,641 15,889,168 13,690,008 12,442,415 12,096,301 10,000 10,000 28,341,583 25,796,309 30,407,192 27,551,950 THE FEDERALIST SOCIETY FOR LAW AND PUBLIC POLICY STUDIES STATEMENTS OF ACTIVITIES FOR THE YEARS ENDED SEPTEMBER 30, 2017 AND 2016 2017 2016 Temporarily Permanently Temporarily Permanently Unrestricted Restricted Restricted Total Unrestricted Restricted Restricted Total REVENUE AND SUPPORT Grants 3 10,027,809 3,908,026 - 13,935,835 9,125,547 11,545,508 - 20,671,055 Registration fees 810,456 - - 810,456 498,662 - - 498,662 Membership dues 325,598 - - 325,598 282,332 - - 282,332 Contributions 4,846,065 240,228 - 5,086,293 4,926,782 164,405 - 5,091,187 Investment income 614,154 - 614,154 201,946 - - 201,946 Miscellaneous income 15,173 - - 15,173 7,436 - - 7,436 16,639,255 4,148,254 - 20,787,509 15,042,705 11,709,913 - 26,752,618 NET ASSETS RELEASED FROM RESTRICTIONS Satisfaction of restrictions 3,802,140 (3,802,140) - - 3,752,564 (3,752,564) - 20,441,395 346,114 - 20,787,509 18,795,269 725357.349 - 26,752,618 EXPENSES Program services General programs 2,400,830 - - 2,400,830 1,877,521 - - 1,877,521 Faculty Activities 1,665,727 - - 1,665,727 1,894,453 - - 1,894,453 Student Activities 2,675,902 - - 2,675,902 2,596,002 - - 2,596,002 Student National Symposium 190,736 - - 190,736 148,152 - - 148,152 Lawyers Activities 1,756,328 - - 1,756,328 1,536,982 - - 1,536,982 Lawyers National Convention 1,513,200 - - 1,513,200 1,003,739 - - 1,003,739 External Affairs 2,102,223 - - 2,102,223 1,938,572 - - 1,938,572 Practice Activities 4,070,014 - - 4,070,014 3,106,775 - - 3,106,775 16,374,960 - - 16,374,960 14,102,196 - - 14,102,196 General and administrative 887,591 - - 887,591 811,160 - - 811,160 Fundraising 979,684 - - 979,684 957,713 - - 957,713 18,242,235 - - 16,242,235 15,871,069 - - 15,871,069 CHANGE IN NET ASSETS 2,199,160 346,114 - 2,545,274 2,924,200 7,957,349 - 10,881,549 NET ASSETS AT BEGINNING OF YEAR 13,690,008 12,096,301 10,000 25,796,309 10,765,808 4,138,952 10,000 14,914,760 NET ASSETS AT END OF YEAR ELM W12. was; 55 127095301 @2993. 54 I IndependentAudit THE FEDERALIST SOCIETY FOR LAW AND PUBLIC POLICY STUDIES STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED SEPTEMBER 30, 2017 AND 2016 2017 2016 CASH FLOWS FROM OPERATING ACTIVITIES Change in net aSSets 5 2,545,274 10,881,549 Adjustments to reconcile change in net assets to net cash provided (used) by operating activities Depreciation and amortization 189,468 70,568 Net appreciation in fair value of investments (445,360) (156,231) Donation of investment securities (266,423) (13,950) (Increase) decrease in Inventory 8,659 8,016 Grants receivable (1 ,785,1 58) 1,136,474 Contributions receivable 281,490 222,830 Other receivables (3,907) 123,063 Prepaid expenses 377,662 (305,975) Other assets 78,228 (25,509) Increase (decrease) in Accounts payable and accrued expenses 179,441 (182,075) Accrued compensation 15,133 7,913 Deferred revenue 47,209 59,123 Deferred lease obligation 68,188 568,074 1,289,904 12 393,870 CASH FLOWS FROM INVESTING AC11VITIES Purchase of investments (4,635,889) (9,774,143) Proceeds from sale of investments 4,956,830 340,263 Purchase of ?xed assets (520,518) (127,239! (199,377) (9,561,119) INCREASE IN CASH AND CASH EQUIVALENTS 1,090,527 2,832,751 CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 12,831,157 9,998,406 CASH AND CASH EQUIVALENTS AT END OF YEAR 13,921 ,684 12,831,157 SUPPLEMENTAL INFORMATION Non?cash contributions 3 266,423 13,950 NOTES TO FINANCIAL STATEMENTS NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - continued Inventory Inventory consists of books, scarves, ties and pins. Inventory is stated at cost and is computed using the ?rst- in, ?rst?out (FIFO) method. Fixed Assets Fixed assets are capitalized at cost and depreciated over estimated useful lives of 3 to 10 years using the straight-line method. It is management's policy to capitalize ?xed assets for which the useful life extends past one year. Investments Investments are presented at fair value. Non-cash Contributions Non-cash contributions are recorded at their fair value on the date of receipt. Deferred Lease Obligation The Society recognizes rents required under its operating leases as rent expense on a straight line basis over the term of the lease, with the differences between amounts recognized and amounts actually paid re?ected in deferred lease obligation in the accompanying statements of ?nancial position. The Society also recorded a deferred tenant improvement liability based on the improvement allowance provision included in the of?ce lease agreement. The deferred tenant improvement liability is included in deferred lease obligation on the accompanying statements of ?nancial position and will be amortized ratably over the term of the lease. Revenue Recognition Individuals and foundations make grants and contributions to the Society. All grants and contributions are considered unrestricted unless speci?cally restricted by the contributor. Revenue is recognized when the grant or contribution is pledged. The Society provides certain services only to dues paying members creating exchange transactions. Therefore, membership dues are considered program service fees and are recognized in the period in which the services are rendered. Registration fees are recognized in the period in which the event occurs. Net Assets Net assets arising from contributions are reported as unrestricted or restricted based on stipulations of the donor. Unrestricted net assets are the portion of net assets that are neither temporarily nor permanently restricted by donor stipulations on their use. Temporarily restricted net assets are the portion of net assets resulting from contributions or other in?ows of assets whose use is limited by donor-imposed stipulations that can be removed by the passage of time or action of the Society pursuant to those stipulations. Permanently restricted net assets are the portion of net assets whose use is limited by donor-imposed stipulations that cannot be removed by the passage of time or action of the Society. Grants Receivable and Contributions Receivable Grants receivable and contributions receivable are reported at net realizable value and any allowance for bad debts is the result of management's assessment of the collectibility of the receivables. Management believes that all amounts are collectible and therefore no allowance has been recorded. THE FEDERALIST SOCIETY FOR LAW AND PUBLIC POLICY STUDIES NOTES TO FINANCIAL STATEMENTS FOR THE YEARS ENDED SEPTEMBER 30, 2017 AND 2016 NOTE 1: ORGANIZATION The Federalist Society for Law and Public Policy Studies (the Society) was organized in August 1982 as a not- for?pro?t corporation under the state laws of Illinois, for the primary purpose of promoting intellectual diversity in the legal profession and the legal community. It is organized exclusively for charitable, educational and scienti?c purposes, The following provides a description of the Society's major classes of programs. Faculty Activities Provides programs for faculty to discuss their scholarship. Provides fellowships for junior faculty and those seeking to enter the legal academy, Student Activities Speeches, debates, and other activities involving distinguished legal scholars designed to increase understanding of the principles that the state exists to preserve freedom, that the separation of powers is central to our Constitution and that the role of the courts is to say what the law is, not what it ought to be, Lawyers Activities Speeches, debates, and other activities involving distinguished legal scholars designed to increase understanding of the principles that the state exists to preserve freedom, that the separation of powers is central to our Constitution and that the role of the courts is to say what the law is, not what it ought to be. Symposium and Conferences A program of seminars, conferences and meetings at which distinguished legal scholars give lectures and engage in debate and public discussion about issues of national importance. These programs include providing travel scholarships for students. External Affairs A program of periodicals and occasional white papers and planned conferences related to state courts and the role of state attorney generals. Practice Activities A program of regular periodicals and occasional white papers and planned conferences related to speci?c legal areas of practice. NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Accounting The ?nancial statements of the Society have been prepared on the accrual basis of accounting in conformity with accounting principles generally accepted in the United States ofAmerica. Accounting Estimates The preparation of ?nancial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities and contingencies at the date of the statement of ?nancial position and revenue and expenses during the reporting period. Actual results could differ from these estimates. Cash Equivalents All highly liquid debt instruments with a maturity of three months or less at the time of purchase are considered cash equivalents. NOTES TO FINANCIAL STATEMENTS NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - continued Functional Allocation of Expenses The costs of providing the various programs and other activities have been summarized on a functional basis in the statements of activities. Accordingly, certain costs have been allocated among the programs and supporting services bene?ted. Advertising and Promotion All advertising and promotion expense are charged to expense when incurred. Advertising and promotion expenses totaled $430,831 and $308,010 for the years ended September 30, 2017 and 2016, respectively. Subsequent Events In preparing these ?nancial statements, management of the Society has evaluated events and transactions that occurred after September 30, 2017 for potential recognition or disclosure in the ?nancial statements. These events and transactions were evaluated through February 9, 2018, the date that the ?nancial statements were available to be issued. NOTE 3: GRANTS RECEIVABLE AND CONTRIBUTIONS RECEIVABLE Included in grants receivable and contributions receivable are the following unconditional promises to give as of September 30, 2017 and 2016: 2017 2016 Amounts to be received in Less than one year 2,129,361 1,614,556 One to ?ve years 988 863 - 3,118,224 1,614,556 The Society evaluated market rates and determined a present value discount was not necessary as such discount would have an insigni?cant impact on the amounts presented. Grants and contributions receivable are deemed by management to be fully collectible. NOTE 4: INVESTMENTS AI September 30, 2017 and 2016, the Society's investments consist of the following: 2017 2016 Certi?cates of deposit 5,678,699 5 8,384,641 Registered investment companies 2,493,103 1,200,780 Common stock 1,907,862 1,123,739 Private equity fund 1,437,048 1,287,009 Fixed income securities 870,096 12,386,808 5 11,996,169 Investment income (which is recognized on the statements of activities) for the years ended September 30, 2017 and 2016 was as follows: Interest and dividends 163,794 45,715 Net appreciation in fair value of investments 445,360 156,231 614,154 201,946 Me Federalist Society Annual Report 20] 7 I 5 5 Hon. Amy Coney Barrett speaks on the life and legacy of Justice Scalia at the National Lawyers Convention. Alida Kass, Carrie Severino, and the newest member of FedSoc at the National Lawyers Convention. Sen. Mitch McConnell, John Shu, and Chrissy Shu chat after the Antonin Scalia Memorial Dinner. Prof. Richard Epstein discusses financial regulation at the National Lawyers Convention. END OF FINANCIAL AUDIT 56 Independent Audit and Photos Steven Mairella and Kathryn Ciano enjoy the reception following the Barbara K. Olson Memorial Lecture. Jonathan Hague, Katie Blouin, Heidi Schneider, and Stacy Skankey at the National Lawyers Convention. The Federalist Society Annual Report 2017 57 OFFICERS & STAFF BOARD OF DIRECTORS STAFF Prof. Steven G. Calabresi, Chairman Hon. David M. McIntosh, Vice Chairman Prof. Gary Lawson, Secretary Mr. Brent O. Hatch, Treasurer Hon. T. Kenneth Cribb, Jr., Counselor Hon. C. Boyden Gray Mr. Leonard A. Leo, Executive Vice President Hon. Edwin Meese, III Mr. Eugene B. Meyer, President Hon. Michael B. Mukasey Hon. Lee Liberman Otis, Senior Vice President Prof. Nicholas Quinn Rosenkranz Eugene B. Meyer Leonard A. Leo Lee Liberman Otis President Executive Vice President Senior Vice President STUDENT DIVISION LAWYERS CHAPTERS Peter K. Redpath, VP & Director Austin M. Lipari, Deputy Director Kate Beer Alcantara, Deputy Director Bridget Handy, Assistant Director Lisa Budzynski Ezell, VP & Director Sarah Landeene, Deputy Director Katherine Fugate, Associate Director PRACTICE GROUPS FACULTY DIVISION Lee Liberman Otis, Director Anthony M. Deardurff, Deputy Director Jennifer Weinberg, Associate Director Brigid C. Flaherty, Assistant Director EXTERNAL RELATIONS DEVELOPMENT Vice President Michael R. Pence speaks to members of the Federalist Society at Congress Hall in Philadelphia, PA. Justice Clarence Thomas laughs during his interview for Scalia: Portrait of a Man & Jurist. 58 Photos and Officers & Staff Justice Samuel A. Alito and Martha-Ann Bomgardner Alito at the Antonin Scalia Memorial Dinner. BOARD OF VISITORS Mr. Christopher DeMuth, Co-Chairman Hon. Orrin Hatch, Co-Chairman Prof. Lillian BeVier Mr. George T. Conway Ms. Kimberly O. Dennis Mr. Michael W. Gleba Hon. Lois Haight Herrington Hon. Donald Paul Hodel Hon. Frank Keating, II Hon. Gale Norton Hon. Theodore B. Olson Mr. Andrew J. Redleaf Hon. William Bradford Reynolds Ms. Diana Davis Spencer Mr. Theodore W. Ullyot Dean Reuter, VP & General Counsel Laura Flint, Deputy Director Wesley G. Hodges, Associate Director Micah Wallen, Assistant Director Cynthia Searcy, VP & Director Alexander Biermann, Assistant Director Anna Wunderlich, Grants Administrator Jonathan Bunch, VP & Director Peter Bisbee, Director, State Courts Elizabeth A. Cirri, Assistant Director INTERNATIONAL AFFAIRS Paul Zimmerman, Deputy Director DIGITAL Daniel T. Richards, VP & Director Matt Wood, Director, Film & Photography Samantha Schroeder, Deputy Director, Digital Production Alex Yershov, Assistant Director, Digital Production Jennifer DeMarco, Assistant Director, Digital Strategy ARTICLE I INITIATIVE Nathan Kaczmarek, Director REGULATORY TRANSPARENCY PROJECT Devon Westhill, Director Curtis J. Walter, Project Coordinator Colton Graub, Project Assistant ADMINISTRATION Douglas C. Ubben, VP & Director, Finance C. David Smith, VP & Director, IT Maria Marshall, Director of Operations, Office of the Executive VP Amy Harper, Assistant Director, Finance Shiza Francis, Assistant Director, Office of the Executive VP Rhonda Moaland, Office Manager MEMBERSHIP & ALUMNI RELATIONS Paige Williams, Director Samuel Winkler, Membership Coordinator PUBLICATIONS Katie McClendon, Director PRO BONO CENTER CONFERENCES Juli A. Nix, Director The Federalist Society Annual Report 2017 59 m. U=u_qu_OZ _m .2qu