ANNUAL REPORT 2016 THE FEDERALI ST SOCIETY for Law 65? Public Policy Studies ‘‘ WE THOUGHT WE WERE JUST PLANTING A WILDFLOWER AMONG THE WEEDS OF ACADEMIC LIBERALISM, AND IT TURNED OUT TO BE AN OAK.” — Antonin Scalia (1936–2016) Section 3 TABLE OF CONTENTS OUR PURPOSE 7 8 13 The President’s Message Student Division Lawyers Chapters 16 21 24 Faculty Division Practice Groups State Outreach 26 28 30 Alumni Relations International Affairs National Lawyers Convention 38 40 43 Regulatory Transparency Project Article I Initiative Digital Federalist Society Senior Vice President Lee Liberman Otis, President Eugene B. Meyer, and Executive Vice President Leonard A. Leo. 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 4 The Federalist Society Annual Report 2016 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. 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. 46 48 Publications & Blog Benefactors 53 59 Independent Audit Officers & Staff Prof. Eugene Volokh chats with attendees at the 2016 National Lawyers Convention. Table of Contents 5 THE PRESIDENT’S MESSAGE The Federalist Society enjoyed great success in 2016. This past year has seen the expansion of key initiatives, which we have used to vigorously champion the rule of law and the proper role of judges in national conversations about the Supreme Court and the Constitution. Our foundational programs have achieved new milestones. Our Student Chapters are flourishing; they are the strongest extracurricular groups at a majority of the top 20 law schools, as well as many others around the country. Such an achievement is indicative of a genuine desire for the serious exchange of ideas in this lively public policy climate. Demand for our programming has risen, not only within our student chapters, but among lawyers around the country. We are seizing a historic moment to have a ‘‘ Our success is the Eugene B. Meyer, president of the Federalist Society, announces that the annual dinner of the National Lawyers Convention will henceforth be known as the Antonin Scalia Memorial Dinner. 1,750 6 The Federalist Society Annual Report 2016 ATTENDEES AT THE 2016 NATIONAL direct result of your support and efforts, and for that we are grateful.” national conversation about the rule of law and the role of judges, in state courts as well as federal courts. We have increased our offerings in order to meet this demand, enabling lawyers all over the country to come together and deepen their knowledge of the Constitution through debate and discussion. In November 2016, the Society devoted its annual National Lawyers Convention to examining the legal legacy of the late Justice Antonin Scalia. The Society also announced the renaming of our annual dinner, which will now be known as the Antonin Scalia Memorial Dinner. We believe this is a fitting commemoration of a giant of the law who contributed so much to the Society. Now more than ever, the Federalist Society believes the principles this nation was founded upon—that the state exists to preserve freedom, that the separation of 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—are essential for a free society. The Federalist Society’s mission is to ensure that these principles are heard and discussed. We have pursued that goal ever since our founding in 1982. Our success is the direct result of your support and efforts, and for that we are grateful. Sincerely, LAWYERS CONVENTION DINNER (A RECORD) Eugene B. Meyer President The President’s Message 7 Student Division DEBATE. DISCUSS. DECIDE. 1) The 2016 National Student Symposium drew 800 students to the University of Virginia School of Law. The symposium’s theme, Poverty, Inequality, & the Law, sparked lively debate on what the conservative approach to these issues should look like. Former United States Solicitor General Paul Clement delivered a moving tribute to Justice Antonin Scalia, who had been slated to deliver the symposium keynote address before passing away two weeks earlier. Following the conference, student chapters organized over 50 events to honor the late Justice. 2) In April, the Stanford Law School chapter organized a day-long symposium on intellectual diversity in the legal academy. The lively event explored the reasons why conservatives and libertarians are underrepresented on law school campuses and what can be done about it. Thanks to generous donor funding, chapters around the country hosted events on this topic and also explored threats to free speech and academic freedom on campus. 3,007 1,100 60 8 STUDENT MEMBERS, EVENTS AT LAW ATTENDEES AT A 12% INCREASE SCHOOLS ACROSS THE AVERAGE FROM 2015 THE COUNTRY EVENT The Federalist Society Annual Report 2016 The 2016 National Student Symposium Banquet saw record attendance and featured a presentation by Bator Award winner Tara Leigh Grove and a keynote address by Paul Clement. 3) In November, nearly 200 students traveled to Washington, DC to volunteer for the National Lawyers Convention. Their assistance helped make the Convention possible. Co-presidents of the Stanford Chapter, Trevor Ezell and Christina Neitzey, talk with attorneys at the National Lawyers Convention. Student Division 9 Former U.S. Solicitor General Paul Clement commemorates Justice Antonin Scalia at the National Student Symposium Banquet. Prof. Tara Leigh Grove, 2016 Paul M. Bator Award winner. Dr. Yaron Brook of the Ayn Rand Institute discusses inequality and the law. The Texas Chapter receives the James Madison Chapter of the Year Award. NATIONAL STUDENT SYMPOSIUM University of Virginia School of Law • Poverty, Inequality, & the Law Sohan Dasgupta, Berkeley Chapter president, and Joe Hart, Florida State Chapter president. Harvard Chapter President Joshua Esses receives the Samual Adams Award for membership growth from Federalist Society VP Peter K. Redpath. Student Division 11 Lawyers Chapters A YEAR OF EXTRAORDINARY EVENTS Justice Don Willett moderates a panel on Texas & Regulation at the Second Annual Texas Chapters Conference. Judge William Pryor, Justice Charles Canady, and Dean Alex Acosta at the Florida Chapters Conference. 12 The Federalist Society Annual Report 2016 Judge Stephanie Ray at the Florida Chapters Conference. The Lawyers Chapters continued to expand programming and participation by putting on regional conferences, reaching out to young lawyers, and promoting robust debate and discussion. In 2016, the 80 member-led chapters hosted over 370 programs with a record total of more than 25,000 attendees. Three annual regional conferences were hosted in California, Florida, and Texas, each of which attracted between 200-300 attendees. Chapters hosted events that commemorated Supreme Court Justice Antonin Scalia and addressed the future of the Supreme Court. Other programming emphasized First Amendment rights, the role of state constitutions, curbing executive overreach, and the administrative state. A new chapter launched in Hawaii, and chapters are relaunching in Alaska, Winston-Salem (NC), and Delaware. 20% 1,060 INCREASE IN LAWYER MEMBERSHIP TOP EVENTS OF 2016 • STATE CONFERENCES Florida, Texas, Western States • MIAMI Miguel A. Estrada, Gibson Dunn & Crutcher and Former Assistant to the Solicitor General of the U.S.; U.S. Supreme Court Round-Up • BOSTON Shakespeare and the Law • NEW YORK Panel: Justice Scalia’s Opinions: Federal Judges Discuss Their Favorites • DALLAS Andrew Oldham, Deputy General Counsel to Gov. Greg Abbott; The ABA’s New Speech Code for Lawyers • DC YOUNG LAWYERS Rooftop Reception with Sen. Cory Gardner • ATLANTA STUDENT MEMBERS BECAME LAWYER Kim Strassel, The Wall Street Journal and Author, The Intimidation Game • PHOENIX, ST. LOUIS, ETC. Justice Scalia Retrospectives MEMBERS (A RECORD) Lawyers Chapters 13 Lawyers chapter leaders Drew & Lydia Atkinson at the Florida Chapters Conference. Kim Strassel, member of the Wall Street Journal editorial board, at the Atlanta Lawyers Chapter. Guests at a DC Young Lawyers reception with Sen. Cory Gardner. ‘‘ Keep up the fight, EPA Administrator Scott Pruitt reflects on a piece of the Berlin Wall on display at the Reagan Library. Prerak Shah at the Texas Chapters Conference. Hon. Michael Chertoff speaks to the DC Lawyers Chapter at their monthly luncheon. 14 and never, ever, give in. Our nation, our people, and our Constitution are worth every ounce of your devotion.” Christina Sandefur speaks at the Western Chapters Conference. Sen. Ted Cruz, speaking to a full house at the Texas Chapters Conference in Austin. The Federalist Society Annual Report 2016 TOP EVENTS OF 2016 • JUNIOR SCHOLARS COLLOQUIUM Annapolis, MD, June 17–18 • 2ND JAMES KENT ACADEMY Faculty Division BROADENING THE DEBATE IN ACADEMIA Annapolis, MD, August 3–6 • RECEPTION AT THE 2016 SOUTHEASTERN ASSOCIATION OF LAW SCHOOLS Amelia Island, FL, August 5 • ROUNDTABLE: CONGRESS, DELEGATION, & THE ADMINISTRATIVE STATE AT THE 2016 ANNUAL MEETING OF THE AMERICAN POLITICAL SCIENCE ASSOCIATION Philadelphia, PA, September 2 Prof. Randy Barnett moderates the Thirteenth Amendment 150 Years Later panel at the 2017 Faculty Conference. • ANNUAL SUPREME COURT PREVIEW PANEL Washington, DC, September 27 • SUPREME COURT ADVOCACY IN THE OBAMACARE CASES BOOK EVENT ON UNRAVELED, BY PROF. JOSH BLACKMAN Washington, DC, September 27 • In 2016, the Faculty Division continued to provide important opportunities for faculty members, especially junior faculty, to gain recognition and produce outstanding scholarship. The Faculty Division’s broad suite of programming is 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. 90 Prof. Suja Thomas defends the jury during the luncheon debate at the 2017 Faculty Conference. OUR FRACTURED REPUBLIC, RELIGIOUS AND POLITICAL DIVIDES, & THE ROLE OF PLURALISM BOOK EVENT ON CONFIDENT PLURALISM, BY PROF. JOHN INAZU Washington, DC, October 18 • COLLOQUIA CO-SPONSORED WITH LIBERTY FUND Las Vegas, San Antonio, Chicago, Philadelphia, & Atlanta • COLLOQUIA CO-SPONSORED WITH THE Prof. Josh Blackman takes questions about his new book, Unraveled, at Georgetown Law. TEMPLETON FOUNDATION San Francisco, Chicago, & Annapolis • 19TH ANNUAL FACULTY CONFERENCE San Francisco, CA, January 5–6, 2017 125 139 EPISODES OF ATTENDEES AT ATTENDEES AT THE SCOTUSCAST COLLOQUIA ANNUAL FACULTY CONFERENCE PUBLISHED 16 Prof. John Inazu delivers keynote remarks on his book, Confident Pluralism, at an event co-sponsored with the Newseum’s Religious Freedom Center. The Federalist Society Annual Report 2016 Faculty Division 17 Prof. Saurabh Vishnubhakat ponders a question during a panel at the 2017 Faculty Conference. Panelists debate administrative law innovations at the 2017 Faculty Conference. Winners of the Young Legal Scholars Faculty Conference paper competition listen as another winner presents. 53 Washington Post reporter Robert Barnes introduces the panelists at the 2016 SCOTUS Preview Panel. STUDENTS INTERESTED IN ACADEMIA ADVISED ON MAKING THAT TRANSITION 18 Faculty Conference attendees take a break from the panels to enjoy a cocktail and hors d’oeuvres reception. 18 The Federalist Society Annual Report 2016 YOUNG FACULTY TRAINED IN MEDIA PRESENTATIONS Prof. Nadia Nedzel was one of 35 scholars, the most we have ever included, who presented a paper during works-in-progress panels at the 2017 Faculty Conference. Faculty Division 19 Practice Groups Former SEC commissioners discuss the past & future of the SEC. An attendee asks a question of a panel of experts. FOSTERING CHANGE IN LEGAL INSTITUTIONS The Practice Groups continued to educate the legal community through their programming, publications, and special projects throughout 2016. As well as hosting successful conferences, such as the Fourth Annual Executive Branch Review Conference at the Mayflower Hotel, the Practice Groups hosted Teleforum calls and produced podcasts that covered breaking news from the judiciary and a wide variety of legal topics. The Regulatory Transparency Project, the Article I Initiative, and the FedSoc Blog have made significant progress. (Read more about those programs on pages 38, 40, and 46, respectively.) The FedSoc Blog became the third-most visited section of the Federalist Society website. 2,100 135 Hon. Rachel Brand moderates a panel on regulatory theory at the Fourth Annual Executive Branch Review Conference. 20 The Federalist Society Annual Report 2016 Steven Cassella and Darpana Sheth debate civil asset forfeiture. AVERAGE NUMBER OF NUMBER OF DOWNLOADS PER TELEFORUM CALLS TELEFORUM PODCAST IN 2016 TOP EVENTS OF 2016 • FOURTH ANNUAL EXECUTIVE BRANCH REVIEW CONFERENCE • REMEMBERING JUSTICE SCALIA: HIS LIFE AND LEGACY [TELEFORUM] • INTELLECTUAL PROPERTY AND FIRST PRINCIPLES WITH CATO • SUPREME COURT RULES ON AFFIRMATIVE ACTION AND IMMIGRATION [TELEFORUM] • THE JURISPRUDENCE OF CLARENCE THOMAS: 25 YEARS ON THE COURT • DEPARTMENT OF LABOR’S FIDUCIARY RULEMAKING: IMPACTS, IMPLICATIONS AND RELATED POLICY ISSUES [TELEFORUM] • THE CLEAN POWER PLAN GOES TO COURT • SUPREME COURT SPLITS 4-4 ON MAJOR UNION CASE [TELEFORUM] Practice Groups 21 Moderator Brian Callanan asks panelists a question during a conference on Justice Thomas’ 25 years on the Court. An event with the Claremont Institute on Justice Thomas’s legacy at the Russell Senate Office Building. Prof. Michael Greve of the Antonin Scalia Law School shares his thoughts on an Article I white paper. Stuart Taylor calls on an audience member to ask a question at a panel on overcriminalization. 22 The Federalist Society Annual Report 2016 Sen. Heidi Heitkamp delivers remarks about regulatory reform at the Fourth Annual Executive Branch Review Conference. Roger Pilon, Jim Harper, and Randolph J. May discuss intellectual property and first principles at an event co-sponsored with the Cato Institute. Practice Groups 23 State attorneys general and governors’ staff enjoy lunch at the National Lawyers Convention. Adam P. Laxalt, Nevada Attorney General, spoke at the 2016 National Lawyers Convention on a panel about Justice Scalia’s Property Rights Jurisprudence. Arizona Assistant Solicitor General Jennifer Perkins, Arizona Supreme Court Justice John Lopez, and Arizona Solicitor General Dominic Draye at the National Lawyers Convention. STATE OUTREACH The Federalist Society continues to play a leading role in promoting debate and discussion about the role of state courts and state attorneys general. We seek to raise the profile of state court issues by engaging distinguished scholars and practitioners to create timely and informative programming and publications on the recent jurisprudence of state supreme courts and methods of judicial selection. The Society has also set the stage for an unprecedented level of dialogue about the role state attorneys general should play in promoting federalism. SELECT 2016 EVENTS • A BRIEFING WITH WISCONSIN’S SOLICITOR GENERAL Solicitor General Misha Tseytlin • MODERNIZING OKLAHOMA JUDICIAL SELECTION: POTENTIAL REFORMS Whit Ayres, AJ Ferate • SUPREME COURT PRACTICE AS A STATE SOLICITOR GENERAL Solicitor General Scott Keller 24 The Federalist Society Annual Report 2016 State Outreach 25 ALUMNI RELATIONS Alumni Relations brings together lawyer and student members who have attended or are attending the same law school in order to connect Federalist Society members across the country based on shared law school experiences. It provides valuable networking opportunities, helps students transition into increased involvement in lawyers chapters, and creates leadership positions to keep rising stars interested and involved in our work. Our alumni chapters were particularly active in 2016. By helping to connect our members, alumni events act as a springboard for greater involvement in the activities of the Society by students and lawyers alike. TOP EVENTS OF 2016 • SUMMER RECEPTION WITH SEN. MIKE LEE Harvard, Yale, and Stanford Alumni Chapters • ANNUAL LUNCHEON WITH JUDGE LAURENCE SILBERMAN Harvard Alumni Chapter • ANNUAL LUNCHEON WITH THOMAS HUNGAR Yale Alumni Chapter • ANNUAL LUNCHEON WITH SOLICITOR GENERAL SCOTT KELLER Texas Alumni Chapter • ANNUAL LUNCHEON WITH MARK HOLDEN Catholic Alumni Chapter • SUMMER RECEPTION WITH JUDGE RICHARD LEON Georgetown Alumni Chapter Sen. Mike Lee speaks at a summer reception held for the Harvard, Yale, and Stanford Alumni Chapters. • SUMMER RECEPTION WITH JUSTICE JOAN LARSEN Michigan Alumni Chapter • ANNUAL LUNCHEON WITH PROF. GEOFF STONE Chicago Alumni Chapter • ANNUAL LUNCHEON WITH ATTORNEY GENERAL ADAM LAXALT Georgetown Alumni Chapter • SUMMER RECEPTION WITH JUDGE BRETT KAVANAUGH Yale Alumni Chapter Attendees of the summer alumni receptions. 480 ATTENDEES OF ALUMNI LUNCHEONS AT THE NATIONAL D.C. Circuit Judge Brett Kavanaugh speaks at a summer reception for the Yale Alumni Chapter. 26 The Federalist Society Annual Report 2016 The Georgetown Alumni Chapter enjoys remarks from Judge Richard Leon. LAWYERS CONVENTION Alumni Relations 27 INTERNATIONAL AFFAIRS The Federalist Society’s International Affairs Division continued to foster support for America’s founding principles of constitutional government, the rule of law, and freedom by furthering voices in favor of these principles abroad. Through its growing legal networks in Western Europe, Central and Eastern Europe, and Canada, as well as its Global Governance Watch project, the Society ensures that America does not stand alone in support of these basic ideals, and thereby adds to the value of its programs in the United States. TOP EVENTS OF 2016 • ATTENDED 2016 OPENING CEREMONY OF THE EUROPEAN COURT OF HUMAN RIGHTS Strasbourg, France, January • ATTENDED FIRST CONGRESS OF THE ASSOCIATION OF CONSTITUTIONAL JUSTICE OF THE COUNTRIES OF THE BALTIC AND BLACK SEA REGION Chisinau, Moldova, June • JUSTICE CLARENCE THOMAS INTERVIEW London, United Kingdom, July • LAW AND LIBERTY CIRCLE EVENT ON BREXIT’S The Federalist Society’s partner groups French Law and Liberty Circle and IFP hosted a dinner for Miguel Estrada during his visit to Paris in November 2016. LEGAL IMPACTS Below: Justice Clarence Thomas visits the Law Society of England and Wales in London for an interview about Justice Antonin Scalia’s life and legacy. London, United Kingdom, September • ATTENDED 20TH ANNIVERSARY CELEBRATION OF THE CONSTITUTIONAL COURT OF GEORGIA Batumi, Georgia, September • PARTICIPATED IN 25TH ANNIVERSARY CELEBRATION OF THE CONSTITUTIONAL COURT OF SLOVENIA Bled, Slovenia, June • FRENCH LAW AND LIBERTY CIRCLE CHAPTER LAUNCH IN STRASBOURG Strasbourg, France, November • RUNNYMEDE SOCIETY CHAPTER LAUNCH EVENT AT MCGILL UNIVERSITY Montreal, Canada, October • MARTIN HOWE QC LECTURE ON BRITISH BILL OF RIGHTS London, United Kingdom, October Shane Finn from the Oxford Benjamin Disraeli Society and Rory Broomfield from the UK’s Freedom Association were guests of the Federalist Society at the 2016 National Lawyers Convention. 28 The Federalist Society Annual Report 2016 14 Bulgaria France Georgia Hungary Italy Lithuania Moldova Macedonia Poland Portugal Romania Slovenia Turkey Ukraine COUNTRIES REPRESENTED IN OUR EUROPEAN JUDICIAL NETWORK Above: French students and young professionals from the Tocqueville Fellowship program meet with Sen. Mike Lee’s office to learn about U.S. political institutions. Left: The Federalist Society participates in the First Congress of the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions, a conference of Eastern European national constitutional courts held in Chisinau, Moldova. International Affairs 29 NATIONAL LAWYERS CONVENTION The Jurisprudence & Legacy of Justice Scalia November 17-19 • The Mayflower Hotel • DC The 2016 National Lawyers Convention attracted a record number of attendees for a memorable tribute to Justice Antonin Scalia. The three-day event was held at the Mayflower Hotel in Washington, and the theme was The Jurisprudence and Legacy of Justice Scalia. We welcomed 1,500 attendees from across the country and world, exceeding 2015 numbers by nearly 250 people. Conference-goers were treated to speeches by Justice Samuel Alito, Senators Ted Cruz and Ben Sasse, and UN Ambassador Nikki Haley. Participants journeyed outside the city to National Harbor, Maryland, for the Annual Dinner on Thursday night, which was held at the 30 The Federalist Society Annual Report 2016 Gaylord National Resort & Convention Center. The spacious banquet hall accommodated the dinner’s record-breaking 1,750 guests. Following a three-course meal, Justice Clarence Thomas urged those in attendance to stay dedicated to the cause that Justice Scalia most fervently championed— the effort to reclaim the form of government our Framers intended. On Saturday, the Ninth Annual Rosenkranz Debate pitted Prof. Eugene Volokh of UCLA Law against Prof. Deborah L. Rhode of Stanford Law for a debate on the constitutionality of Hostile Environment Law both on- and offcampus. Section 31 The Inaugural Antonin Scalia Memorial Dinner Sen. Orrin Hatch with Federalist Society Executive Vice President Leonard A. Leo and his wife, Sally Leo. Mary Ellen Bork greets Federalist Society President Eugene B. Meyer. Justice Samuel Alito walks down a festive hallway at the Gaylord National Convention Center to the inaugural Antonin Scalia Memorial Dinner. 32 The Federalist Society Annual Report 2016 Justice Clarence Thomas delivers the keynote address at the dinner. Hon. David McIntosh, Vice Chairman of the Federalist Society’s Board of Directors, gives the introductions. Senate Majority Leader Mitch McConnell is recognized at the Antonin Scalia Memorial Dinner. Suhail Khan and Martha-Ann Alito. Justice Thomas poses with his law clerks and friends after the Antonin Scalia Memorial Dinner. National Lawyers Convention 33 Sen. Luther Strange discusses Justice Scalia’s approach to federalism. UN Ambassador Nikki Haley speaks about her experience as governor. Prof. Saikrishna Prakash discusses legislative history for a video. ‘‘ [Justice Scalia had] incredible energy and personal charm.” Sen. Ben Sasse delivers the 16th Annual Barbara K. Olson Memorial Lecture. Judge Edith Jones moderates a panel on financial services and e-commerce. 20% INCREASE IN REGISTRATION FROM 2015 TO 2016 4,537 PEOPLE USED #FEDSOC2016 DURING THE CONVENTION Prof. Richard Epstein discusses Justice Scalia’s telecommunications legacy. Judge Thomas Hardiman moderates a panel on labor and employment law. National Lawyers Convention 35 Floyd Abrams, Prof. Michael McConnell, and Prof. Nadine Strossen share a laugh on their constitutional doctrine roundtable. Kannon Shanmugam discusses Justice Scalia’s writing style. Judge Frank Easterbrook, Judge Diane Sykes, and Prof. Randy Barnett. Nevada Attorney General Adam Laxalt and John Shu. Judge Carlos Bea and Eugene Scalia. Judge William Pryor and George Conway. Judge William Kuntz moderates a panel on constitutional interpretation. 36 The Federalist Society Annual Report 2016 Judge Jennifer Elrod moderates the Ninth Annual Rosenkranz Debate between Prof. Deborah Rhode and Prof. Eugene Volokh. Noel Francisco discusses the Second Amendment and enforcement of the Heller decision. Prof. Nicholas Quinn Rosenkranz presents on the Transforming Statutory Interpretation panel. National Lawyers Convention 37 * The Regulatory Transparency Project (RTP) officially launched in May 2016. It seeks to shine a spotlight on the excesses of the administrative state in this country. All too often, overregulation of the economy stifles innovation, productivity, and, ultimately, the American Dream. Our Working Groups are looking at regulations that are burdensome, but that do not provide significant benefits to the public. Rather than simply accepting these regulations as the cost of doing business, we want to find concrete ways to change them for the better. The long-term aim of the RTP is to create a nationwide conversation about regulation that produces a healthy skepticism of the value of many regulations, even those passed with the best of intentions. It is only under these conditions that we can ensure that the limited regulation that we must have produces the greatest benefit for the least cost. Such an approach will lead to greater prosperity for everyone. *formerly known as the Law & Innovation Project Devon Westhill, RTP director, and Adam Mossoff, Chairman of the RTP’s Intellectual Property Working Group, talk at the National Lawyers Convention. 38 The Federalist Society Annual Report 2016 Ms. Diana Davis Spencer is a member of the Federalist Society’s Board of Visitors and a longtime supporter of the Federalist Society’s goals and efforts. The Diana Davis Spencer Foundation made a landmark gift of $10 million to the Federalist Society to make this project possible. All of those funds will go toward supporting the RTP. Abby Spencer Moffat, CEO of the Diana Davis Spencer Foundation, also played a key role in the grant. Ms. Moffat is a veteran leader on the boards of nonprofits that cover a broad range of fields, including foreign policy, education, free market economics, and the media. Adam Thierer, member of the RTP’s Information Technology Working Group, shares his thoughts on regulation and innovation during an interview with Federalist Society filmmakers. Key Components • 12 working groups bringing together more than 140 experts on regulation and innovation • Feature-length documentary highlighting regulatory problems • Debate and speech series at student and lawyers chapters, conferences, and colloquia • Professional public education campaign via social, broadcast, and print media • Digital media campaign, including a series of 19 short videos highlighting specific regulatory problem areas • 40+ nontechnical writeups explaining specific regulatory problem areas • Publication of a comprehensive volume about regulatory barriers to innovation and opportunity Contact Learn more about the RTP and stay up-to-date by visiting RegProject.org. If you have questions or comments about the RTP, please contact Director Devon Westhill or Project Coordinator Curtis Walter: • Call (202) 822-8138 • Email devon.westhill@regproject.org • Email curtis.walter@regproject.org Regulatory Transparency Project 39 The goal of the Article I Initiative is ambitious: to jumpstart a discussion of the role of the legislature in our country’s federal government, as envisioned by the Framers and the Constitution. While many of the Federalist Society’s programs over the years have focused on the proper roles of the judicial and executive branches, we now seek to explore and articulate a theory of Congress that is grounded in the text of the Constitution. A reception was held on Capitol Hill in November 2016 to engage congressional staffers in discussion on the role of the legislature. Over 150 attended this bipartisan gathering. Rep. Ron DeSantis and Prof. Neomi Rao discuss The Collective Congress on an Article I Conference panel moderated by Dean Reuter. 40 The Federalist Society Annual Report 2016 Prof. Keith Whittington, Rep. Steve King, former Rep. Mickey Edwards, and General Counsel for the House of Representatives Thomas Hungar participate in the luncheon panel, The Place of Congress in the Constitutional Order. The Article I Initiative Conference was held at the U.S. Capitol on January 12, 2017. Looking Ahead Contact In January 2017, the first Article I Initiative Conference took place at the Capitol Hill Visitors Center. A hundred attendees gathered for the presentation of six papers commissioned by the Initiative. Law professors, public policy leaders, legislators, and legislative staff had the opportunity to explore Congress’ role in our government today, and several key issues were identified for further examination. Learn more about the Initiative and stay up-to-date by visiting fedsoc.org/ArticleI. As we continue to execute this project, the Federalist Society plans to launch a dynamic campaign to further stimulate conversation. Over the next two years, we will engage with Congress through a variety of channels, including a Capitol Hill blog, scholarly papers, and a special podcast series. We also intend to hold a number of academic colloquia, seminars, and debates to explore and develop a theory of Congress. If you have questions or comments about the Initiative, please contact Deputy Director Nathan Kaczmarek or Assistant Director Tim Courtney: • Call (202) 822-8138 • Email nathan.kaczmarek@fedsoc.org • Email timothy.courney@fedsoc.org Article I Initiative 41 Digital ORIGINAL PRINCIPLES. MODERN MEDIA. Clark Neily of the Institute for Justice discusses regulation issues in the sharing economy for a video about ridesharing in the city of Austin, TX. In 2016, FedSoc Digital released 65 videos, including a documentary-style series on the Sharing Economy, an animated series on Net Neutrality, and weekly videos on Supreme Court cases and other law and policy topics. Our video output increased over 300% from 2015, and our production quality has seen similar dramatic improvement. People watched our videos over 2.3 million times on YouTube and Facebook. We averaged more than 30,000 views per video. Topics included: • Regulating Rideshare: Uber & Lyft in Austin, TX • The Lawmaking Power of Federal Agencies with Chris Walker • Democracy and Political Ignorance with Ilya Somin • Alexander Hamilton on Judicial Independence with Adam White • Insider Trading & the Rule of Law with Thaya Brook Knight • and more... 24,483 TOP CONTENT OF 2016 • DRONE POLICY A series with Prof. Greg McNeal on four aspects of regulating drones • NET NEUTRALITY EXPLAINED A series of six videos with top experts and high-end animation explaining the net neutrality debate • THE SHARING ECONOMY Three short documentaries explaining the concept of the sharing economy, its regulation, and related labor issues • SCALIA: PORTRAIT OF A MAN AND JURIST A four-part series on the legacy of Antonin Scalia that premiered at our National Lawyers Convention • EVENT VIDEO & PHOTOGRAPHY In-house video and photography (including many of the photos in this report) at the Society’s biggest events, including post-panel interviews with speakers # OF HOURS PEOPLE WATCHED Prof. Richard Epstein paints a picture of the world of common law. 42 The Federalist Society Annual Report 2016 OUR VIDEOS IN 2016—THAT’S @FEDSOC 1,020 DAYS OF VIEWING Digital 43 FCC Chairman Ajit Pai explains the core issues of net neutrality. Scalia Portrait of a Man & Jurist At the 2016 National Lawyers Convention, Prof. Brian T. Fitzpatrick discusses the writings of Justice Scalia. A look at the upcoming Scalia: Portrait of a Man and Jurist documentary. The film includes exclusive footage from Justice Scalia’s chambers, interviews with family members, and interviews with five justices. Below: NLC attendees get a preview. Catherine Scalia Courtney 39% The Tagboard at the National Lawyers Convention presents live updates from social media. #FedSoc2016 Justice Samuel A. Alito INCREASE IN UNIQUE VISITORS TO FEDSOC.ORG ‘‘ That was an incredibly touching 30M UNIQUE PEOPLE REACHED THROUGH SOCIAL MEDIA 44 The Federalist Society Annual Report 2016 Thaya Brook Knight of the Cato Institute discusses insider trading and the rule of law. video. It really got to me. A beautiful film.” Justice Elena Kagan Justice Clarence Thomas Digital 45 TOP PUBLICATIONS OF 2016 • U.S. ARMY CORPS OF ENGINEERS V. HAWKES CO., INC.: WETLANDS JURISDICTIONAL DETERMINATIONS AND THE RIGHT OF FEDERAL JUDICIAL REVIEW Damien Schiff & Mark Miller • STORMANS V. WIESMAN: PATHS TO STRICT SCRUTINY IN RELIGIOUS FREE EXERCISE CASES Steven T. Collis • RELIGIOUS EXEMPTIONS AND THIRD-PARTY HARMS Thomas C. Berg • EVENWEL V. ABBOTT: THE COURT SHANKS ITS PUNT ON “ONE PERSON, ONE VOTE” Ilya Shapiro & Thomas A. Berry • REVIEW OF THE CONSTITUTIONAL FOUNDATIONS OF INTELLECTUAL PROPERTY: A NATURAL RIGHTS PERSPECTIVE, BY RANDOLPH J. MAY AND SETH L. COOPER Richard A. Epstein TOP BLOG POSTS OF 2016 In 2016, we updated the look of the Federalist Paper and featured some of the fabulous art on display in our offices. The latest issue of the Federalist Society Review, formerly known as Engage. • THE CLIMATE CHANGE INQUISITION Margaret A. (Peggy) Little • JUSTICE ANTONIN SCALIA (MARCH 11, 1936 FEBRUARY 13, 2016) PUBLICATIONS & BLOG The Federalist Society • RESTORING PUBLIC TRUST: IN FOSTER V. CHATMAN, SUPREME COURT STRIKES BLOW AGAINST PROSECUTORIAL MISCONDUCT Evan Bernick • WHO’S ‘WEAPONIZING THE FIRST Our publications division was more productive than ever in 2016. We changed the name of the Federalist Society’s flagship journal from Engage to the Federalist Society Review. We published 32 great articles on topics ranging from StingRay Technology and Reasonable Expectations of Privacy to Religious Exemptions and Third-Party Harms. We counted ten law professors among our authors, along with many other excellent advocates who spent their valuable time writing insightful articles on interesting and relevant topics in law and policy. We look forward to another great year of providing accessible, scholarly legal commentary to our members in Volume 18 of the Federalist Society Review. 46 The Federalist Society Annual Report 2016 The FedSoc Blog is a valuable outlet for experts who have something brief to say about legal topics in the news. It is the third most visited page on our website, and it informs our audience with bite-sized commentary. We work with our public relations firm to promote especially relevant posts, and this collaboration has led to dozens of radio and TV appearances for contributors. Relationships with regular bloggers have also led to Federalist Society video productions and submissions to the Federalist Society Review. Although still a relative newcomer to the legal blogosphere, the FedSoc Blog has become the place to go for Federalist Society news and incisive legal analysis. AMENDMENT’—THE LEFT OR THE RIGHT? Brian Miller • FOUNDERS MEET BRAND X David Feder 250K+ READERS OF THE PUBLICATIONS SECTION The FedSoc Blog grew in popularity this year, becoming the third most popular section of the website. ON OUR WEBSITE Publications 47 BENEFACTORS Madison Club Platinum $100,000 or more Anonymous (15) The Lynde & Harry Bradley Foundation E.L. Craig Foundation Donors Capital Fund Donors Trust Ken Garschina and Sara Story The William and Flora Hewlett Foundation The Holman Supporting Foundation Charles G. Koch Charitable Foundation David H. Koch Koch Industries, Inc. Liberty Fund, Inc. Lilly Endowment, Inc. The Marcus Foundation, Inc. Lynne and Andrew Redleaf 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 Ed Uihlein Family Foundation Ted and Jennifer Ullyot Madison Club Gold $50,000–$99,999 Anonymous (3) The Anschutz Foundation Scott and Cyan Banister Chevron Corporation George and Kellyanne Conway* Adolph Coors Foundation Sean Fieler Gibson Dunn & Crutcher LLP 48 Google C. Boyden Gray* Frank J. Hanna III Margaret “Peggy” Hill Knights of Columbus Koret Foundation Ken and Frayda Levy Microsoft National Constitution Center Jay H. Newman Pfizer Inc. The John William Pope Foundation Prometheus Foundation Raymond and Marilyn Ruddy William E. Simon Foundation Robert S. and Dian G. Smith* U.S. Chamber of Commerce Dick and Mary Beth Weiss Madison Club Silver $25,000–$49,999 Anonymous (9) 7th Generation Foundation Cliff Asness Baker & Hostetler LLP The Hugh and Hazel Darling Foundation Anthony and Christie De Nicola Richard and Helen DeVos Foundation Facebook Federated Investors Foundation, Inc. GlaxoSmithKline Pierre F. and Enid Goodrich Foundation The Grover Hermann Foundation JM Foundation Randy Kendrick The F.M. Kirby Foundation, Inc. Kirkland & Ellis LLP Lebensfeld Foundation Dr. and Mrs. Robert Levy The Federalist Society Annual Report 2016 Living Stones Foundation Charitable Trust Bob Luddy Bartley J. Madden Foundation John and Mary Lee Malcolm Meijer Menard’s, Inc. Ambrose Monell Foundation Napa Institute James N. Perry, Jr. Esther and Hyman Rapport Philanthropic Trust Daniel Shuchman Sullivan & Cromwell LLP David Weinstein Wiley Rein LLP WilmerHale Fred Young, Jr. Madison Club Benefactors $10,000–$24,999 Anonymous (8) John Aglialoro and Joan Carter Allen & Overy LLP Alliance Defending Freedom Alston & Bird LLP The Armstrong Foundation Bancroft PLLC Bartlit Beck Herman Palenchar & Scott LLP The Bodman Foundation Brian J. Brille Chase Foundation of Virginia Ying Chen Consovoy McCarthy Park PLLC Cooper & Kirk PLLC Douglas R. Cox Davis Polk & Wardwell LLP Debevoise & Plimpton LLP Dechert LLP DLA Piper * Denotes individuals who are founding members of their respective clubs. ExxonMobil Corporation Michael and Marilyn Fedak Foley & Lardner LLP Goodwin Procter LLP Greenberg Traurig Hogan Lovells US LLP Hunton & Williams LLP International Franchise Association Charles and Ann Johnson Foundation Jones Day King & Spalding LLP Manuel and Willette Klausner Charles Koch Institute Latham & Watkins LLP Law Enforcement Legal Defense Fund Douglas K. Mayer Mayer Brown LLP Sean M. McAvoy McCarter & English, LLP McGuire Woods LLP Philip M. McKenna Foundation Joanne and Fred Medero Morgan Lewis & Bockius LLP NFIB Small Business Legal Center Dennis R. Nolan Ogletree Deakins Theodore Olson* O’Melveny & Myers LLP Andrea and Howard Rich David B. Rivkin, Jr. Adam and Tara Ross Seaver Endowment Sidley Austin LLP The Snider Foundation Steptoe & Johnson LLP Sunmark Foundation Venable LLP Verizon Whitcomb Charitable Foundation Winston & Strawn LLP Yancey Bros. Co. Madison Club Sustaining Members $5,000–$9,999 Anonymous (5) Bellevue Foundation Michael and Lillian BeVier* Wendell R. Bird Mr. and Mrs. Roger Brooks Daniel P. Collins The G.L. Connolly Foundation Trevor K. Copeland Robert J. Crnkovich J. Christopher and Ann C. Donahue Daniel T. Flatley Theodore H. Frank Robert J. Giuffra, Jr. Alexander Grass Donald Hodel Michael & Rosalind Keiser Charitable Fund Virginia M. Kincaid Foundation The Vernon K. Krieble Foundation Francis J. Menton, Jr.* Jack Miller Family Foundation The Modzelewski Charitable Fund Munger Tolles & Olson LLP Roland G. and Bette B. Nehring William and Lee Otis* Dian Graves Owen Foundation Philadelphia Trust Company The Roe Foundation Chris J. Rufer David and Julie Schwarz Nicholas Swenson Richard Weekley Wheeler Family Foundation, Inc. Wilson Sonsini Goodrich & Rosati George Yeager Cory Liu, Sumi Thomas, Jordan Lorence, and Jeffery Ventrella. Benefactors 49 BENEFACTORS (continued) Madison Club $1,000–$4,999 Anonymous (12) Alden F. Abbott Wayne A. Abernathy Jonathan H. Adler Paul Ahern Mike K. Ain Robert Alt John G. Amato Douglas W. Anderson James E. Anklam Emil Arca Hadley P. Arkes Morris S. Arnold Adrienne Atkinson John S. Baker, Jr. Stewart A. Baker Jodi S. Balsam Sydney Balsbaugh Thomas M. Barba Robert Barker Randy E. Barnett William Barrett Gregory L. Barton William Baude Louise Bea Gregory A. Bedell Charles H. Bell, Jr. Bradley A. Benbrook Bradford and Susan Berenson Lawrence Bernheim Anthony J. Biller Bonnie G. Bird Josh Blackman Nicolas Bourtin J. Bayard Boyle, Jr. Jennifer C. Braceras Steven G. Bradbury Ryan C. Bradel Susan G. Braden Rachel Brand and Jonathan Cohn Todd Braunstein Michael B. and Emily M. Brennan Lindley J. Brenza Dan Bress John W. Brewer Reginald Brown Barbara Bruin Mary Beth Buchanan 50 William H. Burgess IV Arthur Burke Joseph T. Burns Henry and Paige Butler Matthew and Julie Byrne Willard Z. Carr, Jr. Michael A. Carvin Mark Casso David L. Cavicke Ceres Foundation Chadwick Family Foundation Tom Christina Ken Churchill Jeff Clark Roger Clegg Shannen W. Coffin William J. Colwell Sean C. Connors Manus Cooney Charles J. Cooper Matt Cooper Gregory D. Cote James C. Creigh T. Kenneth Cribb, Jr. Brendan P. Cullen Paul E. Dans Donald A. Daugherty, Jr. Michael J. Daugherty Jack David Donald S. Davidson J. Kennerly Davis, Jr. John T. Delacourt Harmeet K. Dhillon Dodge Jones Foundation Gregory Dolin Grant Dorfman Steven and Cara Duffield John C. Eastman Edgerly Foundation Rebecca Eggleston William J. Emanuel Steven A. Engel Rick Esenberg Miguel A. Estrada Jack Etheridge* John Evangelakos Thomas A. Farr Daniel Feith Fred F. Fielding Alan H. Finegold Brian M. Fish Brian T. Fitzpatrick Chad Flores and Sarah Isgur Flores The Federalist Society Annual Report 2016 Benjamin M. Flowers Michael C. Flynn Margaret Foran David F. Forte Noel J. Francisco Michael K. Friedland Sandra S. Froman Tara A. Fumerton The Fund for American Studies Christopher Gabriel Todd Gaziano and Cindy Brown GE Foundation George Mason University Foundation, Inc. Charles P. Gilliam Benjamin L. Ginsberg Paul Glenchur Elizabeth D. Gobeil Laurel Lenfestey Grammig Todd Graves Edward D. Greim Michael and Louisa Greve Anne Griffin A. Gregory Grimsal Alan Gura John S. Hahn Jeffrey M. and Sarah M. Harris Richard A. Hauser Kyle Hawkins Allison R. Hayward Edward D. Hearst Gail L. Heriot Lois Haight Herrington* Leslie Davis Hiner Karl J. Hirshman James and Allyson Ho Mark V. Holmes and Marianne Bizek Holtzman Vogel Josefiak Torchinsky PLLC James L. Huffman J.C. Huizenga Thomas G. Hungar John P. Hurabiell David Hyman Judith Jacobs* Jeffrey S. Jacobson Erik S. Jaffe Jeff Johnson Matthew L. Johnson and Kate O’Scannlain Steffen and Christine Johnson Jameson R. Jones Albert L. Jordan Eric J. Kadel, Jr. David and Alida Kass Howard J. Klein Roger D. Klein Richard Klingler Robert B. Knauss Arthur and Melany Kniffen Terry and Mary Kohler Dan Kolkey William J. Krochalis Jeffrey C. Kubin Eddie LaCour Raymond J. LaJeunesse, Jr. James Lapeyre, Jr. J. Al Latham, Jr. Lauro Law Firm Steven Lehotsky David G. Leitch James LeMay Steven Leonard Andy Lester* Curt Levey Howard Levine Lloyd Levine Anne Ware Lewis Raymond Wm. Leyden, Jr. Marianne Lovell John R. Lucas, Jr. Robert Luther III Mike Madigan Nathan S. Mammen Brian F. Mannix Steven W. Martineau Roger and Nancie Marzulla Michael C. Massengale Carol Matheis Steve A. Matthews Randolph J. May Robert D. McCallum, Jr. Tammy D. McCutchen Kevin R. McDermott Scott W. McEachin Diane McGimsey John O. McGinnis Brent J. McIntosh Jason McLane Joseph McLaughlin John Paul Mead John and Bria Mertens Adam Meyerson and Nina Shea Mark D. Mittleman Thomas and Meredith Moll * Denotes individuals who are founding members of their respective clubs. Margaux Killackey, Megan Wold, Theodore Wold, John Sullivan, Kaytlin Roholt, Catherine Glenn Foster, and Garrett Snedeker. Hashim M. Mooppan Stephen Moore H. Kirk Mueller Michael B. Mukasey William and Kathleen Mumma Eric J. Murdock John D. Murnane Ruba Nasrallah Carl W. Nuessle Coleman A. Nutter* James J. O’Connell, Jr. Eileen J. O’Connor Thomas P. Ogden John E. O’Neill John C. O’Quinn Kevin O’Scannlain Kristina Reynolds Osterhaus Adam S. Paris Ashley C. Parrish Eliot Pedrosa Eric J. Pelton James F. Penman Jorge J. Perez Mark A. Perry Patrick F. Philbin Holly Anne Pierson Roger and Juliana Pilon Paul Pisano, National Beer Wholesalers Association Kevin J. Plummer Stephen D. Poss Jerry Wayne Powell George Priest Craig S. Primis Mark S. Pulliam* Alfred W. Putnam, Jr. Dale Race Michael Ramsey Ayn Rand Institute Sara Church Reese Robert B. Reingold Wm. Bradford Reynolds* Craig V. Richardson Bernard J. Roan David W. Robertson Robertson-Finley Foundation James M. Rockett Leslie Rose* Michael E. Rosman* Ronald D. Rotunda Lee Rudofsky Ronnie and Lenelle Samms D. John Sauer Eugene Scalia Michael Scharf William O. Scharf Carl J. Schramm and Ellyn L. Brown Maimon Schwarzschild Prerak Shah Kannon K. Shanmugam Ilya Shapiro Jeffrey K. Shapiro Shook, Hardy & Bacon LLP Brett Shumate Raag Singhal George E. Sinor, Jr. Douglas G. Smith Joseph C. Smith, Jr. Loren A. Smith Mark W. Smith Steven W. Smith G. Ryan Snyder Abraham D. Sofaer* John J. Soroko* Charles R. Spies Paula M. Stannard* Kenneth W. Starr* Edward E. Steiner Dorothy M. Stephens Jay B. Stephens Mark O. Stern Frank B. Strickland Robert and Leslie Suffoletta Kurt W. Swogger Jeffrey Taft Paul M. Terrill III Sumi Thomas David H. Thompson Larry D. Thompson Peter M. Thomson Karl Tilleman Gordon D. Todd Kate Comerford Todd Donald J. Toumey Eric W. Treene Daniel E. Troy Kevin L. Turner E. Peter Urbanowicz Brian Van Klompenberg Mark Steven Venezia Jeffery J. Ventrella G.L. Verity Hans A. von Spakovsky Paul and Natasha Vronsky Bonnie K. Wachtel* Wachtell, Lipton, Rosen and Katz Dr. and Mrs. Douglas O. Waikart Sheila D. Walcoff Michael B. Wallace Sheila Walpin* Tom and Anne Walsh Blaise Warren and Sarah Hawkins Warren C. Michael Watson Benjamin Weber Richard E. Weicher Glenn W. Wekony Hill B. Wellford Edward M. Wenger Rando and Ketia Wick J. Michael Wiggins and Erika Birg Richard E. Wiley Beth A. Williams Dean and Cam Williams Foundation Michael F. Williams Edwin D. Williamson* M. Craig Wolf Thomas R. Wolfe Christopher A. Wray David F. Yates* Evan A. Young Gary E. Young W. James Young Shoudong Zhang James W. Ziglar Legacy Club Bonnie G. Bird Barbara Bruin Nina Cunningham Miles A. Hinton Catherine Lomuscio Hashim M. Mooppan Alfred S. Regnery Raymond and Marilyn Ruddy Dr. and Mrs. Douglas O. Waikart Benefactors 51 BENEFACTORS (continued) Founders Club Anonymous (4) Karin Agness* John Amato Robert Baldwin James Barta William Baude Logan Beirne Jonathan Berry Josh Blackman Kathryn Boatman Ryan Bradel James Burnham Matthew & Julie Byrne Elizabeth Cassady Nick Chidiac Craig Chosiad* Kathryn Ciano Tyler Clarkson Richard Cleary J. Michael Connolly Christopher Cooke Matt Cooper Alexander Cox* Alyssa DaCunha C. Wallace DeWitt Jeffrey Dinwoodie Adam Doverspike Dominic Draye Rebecca Eggleston Daniel Feith Chad Flores and Sarah Isgur Flores Benjamin Flowers David Fotouhi Matthew Glover Anne Gordon Christopher Grieco Daniel Grimm Liam Hardy Jeffrey M. and Sarah M. Harris William Haun Kyle Hawkins* Jonah Hecht Chris Hering Ryan Holte Brad Hubbard Kathleen Hunker Michael Huston Anne Idsal Lowell Jacobson 52 David Johnson Jeff Johnson Jameson Jones Emily Kelchen Scott Keller* Matt Kemp Michael Kenneally Kevin King Stephen Klein Steven Klenda Andrew Kloster Kenneth Klukowski Eddie LaCour Brian Lichter Jennifer Lichter Brian Lipshutz Cory Liu Leigh Llewelyn Jack Lund Robert Luther III Steven Mairella Jennifer Mascott INDEPENDENT AUDIT Nicholas Matich Daniel Mauler* John Mertens Sam Miorelli William Moccia Thomas and Meredith Moll John Moran Michael Mulvania* Christopher Nenno Jesse Noa Hayden O’Byrne Michael O’Connor* Eric Osborne Daniel Pollack Andrew Prins Michael and Haley Proctor J. Neal Robbins Nicolas Rotsko Kathleen Rudis Harout Samra* Danielle Sassoon William Scharf Prerak Shah* Brett Shumate* Ryan Snyder Dan Sullivan David Suska J.B. Tarter* Sumi Thomas Kevin Turner* L. Browning VanMeter, Jr. Paul Vronsky J. Tyler Ward II Blaise Warren and Sarah Hawkins Warren Colin Watson* Edward Wenger Jason Wilcox* Porter Wilkinson Ben D. Wilson Jason Yen Barrett Young Phillip Truluck, Michael Carvin, Mark Paoletta, and Jay Stephens. The Federalist Society Annual Report 2016 * Denotes individuals who are founding members of their respective clubs. Independent Audit 53 THE FEDERALIST SOCIETY FOR LAW AND PUBLIC POLICY STUDIES STATEMENTS OF FINANCIAL POSITION SEPTEMBER 30, 2016 AND 2015 ASS ETS 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 Office furniture and equipment Leasehold improvements Accumulated depreciation and amortization OTHER ASSETS TOTAL ASSETS 2016 2015 6 12,831,157 9,998,406 549 164 243.189 1 12 604 026 5 020,435 - 768 066 11 996,169 2,392,108 280,267 250,705 406,430 358,515 49 762 18 677 736,459 527,897 (374,934) (323 043) 361,525 304 854 173,821 148,312 27,551,950 16 217,366 LIABILITIES AND NET 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 Temporarin restricted Permanently restricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS REVENUE AND SUPPORT Grants Registration fees Membership dues Contributions Investment income (loss) Miscellaneous income NET ASSETS RELEASED FROM RESTRICTIONS Satisfaction of restrictions EXPENSES Program services General programs Faculty Activities Student Activities Student National Symposium Lawyers Activities Lawyers National Convention External Affairs Practice Activities General and administrative Fundraising CHANGE IN NET ASSETS NET ASSETS AT BEGINNING OF YEAR NET ASSETS AT END OF YEAR 307.945 490,020 163,451 155,538 271,106 211.983 9.134 15.866 751,636 873,407 1.004.005 429.199 1,755,641 1,302,606 13,690,008 10.765.808 12,096,301 4,138,952 0 000 10 000 25,796,309 14 914 760 27,551,950 16,217,366 THE FEDERALIST SOCIETY FOR LAW AND PUBLIC POLICY STUDIES STATEMENTS OF ACTIVITIES FOR THE YEARS ENDED SEPTEMBER 30, 2016 AND 2015 201 6 Temporarily Permanently Restricted Restricted Total Unrestricted Unrestricted 9.125.547 11,545,508 282,332 - 282,332 224,622 4,926,782 164,405 5,091,137 4,082,728 201,946 201,946 (14,167) 7,436 7,436 4,933 15,042,705 11,709,913 26,752,618 14,435,536 3,752,564 18,795,269 (3,752,564) 7,957,349 2,834,232 26,752,618 17,269,768 1,877,521 1,877,521 1,894,453 1,894,453 1,816,642 2,596,002 2,596,002 2,522,436 148.152 148.152 272,702 1,536,982 1,536,982 1.692.976 1,003,739 1,003,739 970.412 1,938,572 1.938.572 1.738.329 3.106.775 3.106.775 2,728,743 14,102,196 14,102,196 13,359,052 811,160 811.160 754.422 957.713 957.713 967,893 15,871,069 15,871,069 15,081,367 2,924,200 10,881,549 2,188,401 10,765,808 14,914,760 8.577.407 13,690,008 12,096,301 1,616,812 7,957,349 4,138,952 10,000 5 4 The Federalist Society Annual Report 2016 2015 Temporarily Restricted 20,671,055 9,493,761 3,353,508 498.662 - 498,662 643,659 - 294,594 3,648,102 (2,834,232) 813,870 813,870 3,325,082 10,000 25,796,309 10,765,808 4,138,952 10,000 14,914,760 Permanently Restricted Total 12,847,269 643.659 224,622 4,377,322 (14.167) 4,933 18,083,638 18,083,638 1.616.812 1,816,642 2,522,436 272,702 1,692,976 970,412 1,738,329 2,728,743 13,359,052 754,422 967,893 15,081,367 3,002,271 10,000 11,912,489 THE FEDERALIST SOCIETY FOR LAW AND PUBLIC POLICY STUDIES STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED SEPTEMBER 30, 2015 AND 2015 2016 2015 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets Adjustments to reconcile change in net assets to net cash provided (used) by operating activities Depreciation and amortization 70.568 68,985 Net (appreciation) depreciation in fair value of investments (156.231) 45.585 Donation of investment securities (13.950) (121.914) (Increase) decrease in Inventory 8.016 2.203 Grants receivable 1,136,474 (218,290) Contributions receivable 222,830 (170,000) Other receivables 123,063 (128,518) Prepaid expenses (305,975) (120,397) Other assets (25.509) (126,155) Increase (decrease) in Accounts payable and accrued expensas . 164,215 Accrued compensation (9.067) Deferred revenue (14.067) Deferred lease obligation 566 074 413 085 21787 936 10,881,549 3.002.271 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of investments (9.774.143) (345.661) Proceeds from sale of investments 340,263 737,171 Purchase of fixed assets (127 239) (276 044) (9.561.119) 115,466 INCREASE IN CASH AND CASH EQUIVALENTS 2,832,751 2,903,402 CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 9.998 406 7 095,004 CASH AND CASH EQUIVALENTS AT END OF YEAR 12,831,157 9,998 406 SUPPLEMENTAL INFORMATION Non-cash contributions 13,950 121 914 NOTES TO FINANCIAL STATEMENTS NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - continued Inventory Inventory consists of books, scarves. ties and pins and is stated at cost and is computed using the ?rst?in, ?rst- out (FIFO) method. Fixed Assets Fixed assets are capitaiized 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, as follows: - Common stocks and registered investment companies are valued using the reported closing price of those assets on the last day of the ?scal year, Certi?cates of deposit are valued with the assistance of pricing services based on yields currently available on comparable issues with similar credit ratings and broker quotes from dealers who are market makers in these investments. Cash equivalents are valued at cost. which approximates fair value. The private equity fund is carried at the net asset value of the shares held by the Society at year end. which is based on the fair value of the underlying securities of the fund minus any liabilities of the fund. 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 reflected 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 [ease obligation on the accompanying statements of financial position and will be amortized ratany 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. THE FEDERALIST SOCIETY FOR LAW AND PUBLIC POLICY STUDIES NOTES TO FINANCIAL STATEMENTS FOR THE YEARS ENDED SEPTEMBER 30, 2016 AND 2015 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 corp0ration 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 fellowship 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 Activitis A program of regular periodicals and occasional white papers and planned conferences related to specific 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 of America. Accounting Estimates The preparation of financial 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 financial 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 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 rent's of the i of the 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 $308,010 and $392,723 for the years ended September 30. 2016 and 2015, respectively. Subsequent Events In preparing these ?nancial statements. management of the Society has evaluated events and transactions that occurred after September 30. 2016 for potential recognition or disclosure in the ?nancial statements. These events and transactions were evaluated through February 23, 2017. 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, 2016 and 2015: 2016 2015 Amounts to be received in Less than one year One to ?ve years 68,066 8 1,614,556 3 2,973,860 1,614,556 5 2,205,794 - 7 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 managementtc be fully collectible. IndependentAudit 5 5 Kory Langhofer and Federalist Society VP Lisa Ezell. Kevin Turner, Katherine Harris, and Federalist Society VP Jonathan Bunch. Justice Joan L. Larsen and Judge Diarmuid F. O’Scannlain. 56 The Federalist Society Annual Report 2016 Hon. Spencer Abraham, Brent McIntosh, Douglas Cox, and Ron Tenpas. Independent Audit & Photos 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. 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 Redpath, VP & Director Austin Lipari, Deputy Director Kate Beer Alcantara, Associate Director Jennifer DeMarco, Assistant Director Lisa Budzynski Ezell, VP & Director Sarah Landeene, Associate Director Katherine Fugate, Assistant Director PRACTICE GROUPS FACULTY DIVISION Lee Liberman Otis, Director Anthony Deardurff, Deputy Director Christopher Goffos, Associate Director Jennifer Weinberg, Assistant Director DEVELOPMENT BOARD OF VISITORS Sen. Cory Gardner speaks to the D.C. Young Lawyers Chapter at a summer reception. Mr. Christopher DeMuth, Co-Chairman Hon. Orrin Hatch, Co-Chairman Prof. Lillian BeVier Mr. George T. Conway III Hon. Lois Haight Herrington Hon. Donald Paul Hodel Hon. Frank Keating II Hon. Gale Norton Hon. Theodore B. Olson Mr. Andrew J. Redleaf Hon. Wm. Bradford Reynolds Ms. Diana Davis Spencer Mr. Theodore W. Ullyot Cynthia Searcy, VP & Director Alexander Biermann, Assistant Director Anna Wunderlich, Grants Administrator DIGITAL Tyler Lowe, Director, Digital Production Daniel T. Richards, Director, Digital Strategy Matt Wood, Director, Film & Photography Samantha Schroeder, Deputy Director, Digital Production 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 Jonathan Reich, Assistant Director, Office of the Executive VP Rhonda Moaland, Office Manager Dean Reuter, VP & General Counsel Laura Flint, Deputy Director Timothy Courtney, Assistant Director EXTERNAL RELATIONS Jonathan Bunch, VP & Director Peter Bisbee, Deputy Director George Lane, Assistant Director INTERNATIONAL AFFAIRS James P. Kelly, III, Director Paul Zimmerman, Deputy Director ARTICLE I INITIATIVE Nathan Kaczmarek, Deputy Director REGULATORY TRANSPARENCY PROJECT Devon Westhill, Director Curtis Walter, Project Coordinator MEMBERSHIP & ALUMNI RELATIONS Paige Williams, Director Samuel Winkler, Membership Coordinator PUBLICATIONS Katie McClendon, Director PRO BONO CENTER CONFERENCES Peggy Little, Director Juli Nix, Director Cindy Brown, Alexandra Clement, and Simone Katsas. 58 The Federalist Society Annual Report 2016 Federalist Society Board of Directors Secretary Gary Lawson with Judge Mark Holmes and Marianne Bizek. Back cover: Mosaic of Justice Antonin Scalia with over 2,000 photos from our 2016 events. To see the full image, visit fedsoc.org/2016AnnualReport. Officers & Staff 59 . - gm.? A. .- 1- ma?a "a "n ?01"ng 7* r1 g?gssa?J-li? I at?? 4:5 Ill? I v; 1.