Annual Report • 2015 LETTER FROM THE PRESIDENT As we prepare this Annual Report, news of Justice Scalia’s passing is still fresh in our minds. We have a tribute to him on pages 4-5. The Federalist Society is enormously grateful to Justice Scalia for all the help he gave the organization— from advising the nascent Society as a professor at the University of Chicago Law School to giving many speeches to the Society as a Supreme Court Justice. The Society’s commitment to originalism was heavily influenced by him. The Society is currently undertaking two major projects linked to the structural constitution to which Justice Scalia devoted so much of his work. The Article I Project examines the proper role of Congress under Article I of the Constitution; its launch at the 2015 National Lawyers Convention is discussed on pages 22-23. The Law & Innovation Project, which looks at the effect of the administrative state on our economy and society, is detailed on page 3. These two projects build on the rest of the Society’s work, which is also detailed in this report. We continue to sponsor speakers and debates at our law school chapters nationwide, hosting 1,100 such events in 2015. We also sponsored 400 lawyers chapter meetings and several large conferences. Our student and lawyer members are more active than ever, our chapters continue to broaden their reach, and our faculty ranks and programs continue to grow. All this is by way of saying that the Society had a truly excellent year. We look forward to addressing the key questions we have always cared about— especially those regarding executive power, the role of Congress, and the role of the courts—in new ways in the coming year. In doing so, we will be building on all that we accomplished in 2015. None of this would be possible without the support of so many of our donors, volunteers, lawyers, professors, and students. For this help we are truly grateful. Members of the Federalist Society’s Board of Directors at a semiannual meeting at the Federalist Society’s national headquarters in Washington, DC. Sincerely, Eugene B. Meyer President 2 T H E F E D E R A L I S T S O C I E T Y LAW & INNOVATION The Federalist Society is pleased to announce that it has received a landmark gift of $10 million, the single largest in the institution’s history, from the Diana Davis Spencer Foundation in support of its groundbreaking Law & Innovation Project. The gift was initiated by the Foundation through its president Diana Davis Spencer and executive vice president Abby Moffat. Ms. Moffat, an entrepreneur and graduate of Mount Vernon College in Washington, DC, 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. Ms. Spencer, an education advocate and former journalist, has used her experience to lead the Foundation in innovative grantmaking. Ms. Spencer joined the Federalist Society’s Board of Visitors in 2014, and Ms. Moffat, a long-time supporter of the Society, has been an active presence at events for many years. Through their work and charitable endeavors, they are proud to carry on the family’s philanthropic legacy. The Law & Innovation Project will spotlight the excesses of the administrative state in this country. In too many cases, regulation has strangled innovation in the U.S. economy. It is only through a systematic effort to address regulations that are damaging our economy that we will free the entrepreneurial spirit of our citizens so that the American Dream will be a reality for the next generation. Government stifling of innovation is a huge problem, and the Law & Innovation project will be proportionately wide in scope. The Federalist Society, with its nationwide network of talent, has the necessary infrastructure to undertake a project of this magnitude. The Law & Innovation Project is currently in its planning stages, and details will be announced in the spring of 2016. The Diana Davis Spencer Foundation espouses the values upon which our nation was founded: duty, honor, freedom, individual responsibility, and work ethic. The mission of the Foundation is to promote entrepreneurship, selfreliance, global understanding, free enterprise, and to enhance the quality of life by supporting the arts, education, health advancements, and preservation of the environment. A N N U A L R E P O R T Ms. Diana Davis Spencer (left) 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 recently made a landmark gift of $10 million to the Federalist Society, all of which will go toward our groundbreaking Law & Innovation Project. Stay tuned for details about the project over the next three years. • 2 0 1 5 3 The idea that the Constitution and other laws are knowable and binding on judges and justices is the foundation for rescuing the entire legal and constitutional enterprise. Because if the Constitution or other laws have no intrinsic meaning and are just whatever the judges say they are, how can anyone follow them? And why should we? All of us who worked with Justice Scalia—his clerks, his friends and colleagues on the court—are mourning our loss. But as we do so, we should reflect on his crucial legacy: reviving for the modern era a way to understand the Constitution that takes it seriously as a legal document. Like the republic the Constitution’s Framers gave us, this legacy is ours—if we can keep it. —Lee Liberman Otis, Founder, Senior Vice President, Director of the Faculty Division, and one of Justice Scalia’s first law clerks (reprinted with permission from her reflection in the New York Post, the views expressed here are her own) 4 T H E F E D E R A L I S T S O C I E T Y IN MEMORIAM The Federalist Society deeply mourns the loss of Justice Scalia, and extends its sympathies to the Justice’s family and his many colleagues and friends from over the years. Justice Scalia was among the greatest members of the Supreme Court in our nation’s history, and will long be remembered for his intelligent, principled, and tenacious dedication to our Constitution and to faithful interpretation of the law as it is written. He has had an enduring impact on the way our country approaches law and the Constitution, and we are grateful for that extraordinary contribution as well as the tremendous kindness he has shown the Federalist Society and many of its leaders and members since our founding. A N N U A L R E P O R T Justice Antonin Scalia 1936–2016 • 2 0 1 5 5 STUDENT DIVISION The Federalist Society was founded on law school campuses to enrich intellectual discourse and advance the idea that the original meaning of the text of the Constitution should guide its interpretation. The Federalist Society’s Student Division continued this venerable tradition during the 2014-2015 academic year with over 1,100 events with an average attendance of over sixty at law schools across the country. The 2015 National Student Symposium was held at the University of Chicago, and was a highlight of the year. The Symposium focused on Law & Innovation, exploring emerging issues at the intersection of law and rapidly changing technology. Another highlight of the year was the Student Leadership Conference in Washington, DC. Every year, the SLC brings together the nearly two hundred student chapter presidents for leadership training. The conference culminates with a reception in the Great Hall of the United States Supreme Court that brings together the finest members of the conservative and libertarian legal community in an atmosphere steeped in history and grandeur. The 1,100 student events included events with some of the nation’s most prominent judges. Our Yale Student Chapter hosted Justice Clarence Thomas for a homecoming event at his alma mater. Justice Antonin Scalia traveled to the University of Colorado for conversational question and answer with our student chapter. Judge Thomas Griffith of the DC Circuit Court of Appeals spoke to five of our student chapters on what a conservative jurisprudence should look like. Judge Frank Easterbrook of the Seventh Circuit Court of Appeals spoke to students at Harvard Law School about the legacy of Justice Scalia. Judge Jennifer Elrod delivered a lecture at the University of Texas on How Changes in Federal Law Have Impacted the Role of the Federal Judiciary. This is just a small sampling of the Student Division’s events with prominent federal judges. In addition to bringing the nation’s finest jurists to the nation’s law schools, the Student Division also hosted events on some of the most pressing legal and policy issues of the day. In light of high profile conflicts between police and the communities they serve, the Student Division organized a series of events on the role of police and police procedures. These events featured active and retired senior law enforcement officials who explained the legal environment in which police operate and the practical considerations behind police procedure. Richard Epstein with the President and VP of the Brooklyn Student Chapter. Members of the Nebraska Student Chapter with Governor Pete Ricketts. 6 T H E F E D E R A L I S T S O C I E T Y A N N U A L Federalist Society student leaders mingle with each other and with Justice Alito at the Student Leadership Conference’s annual Supreme Court reception in July. Highlights from the thirty-two events in this series include a panel at the University of California, Berkeley with one hundred twenty-five students in attendance. The panel featured law enforcement officials Scott Erickson and Richard Cairns and Berkeley professors Andrea Roth and Justin McRary. Cornell Law School’s Federalist Society chapter also hosted a panel with Ron Hosko, former Assistant Director of the FBI’s Criminal Investigation Division, and Cornell professor Jens David Ohlin. This event drew an enthusiastic crowd of one hundred twenty students. At Brigham Young University, former FBI agent Alicia Hilton debated Professor Dan McConkie before another crowd of one hundred twenty. Thanks to generous donor funding, the Student Division hosted a series of events on the Wealth of States. This series was inspired by a book written by Art Laffer, Stephen Moore, Rex Sinquefield, and Travis Brown focusing on economic policy at the state level. The events examined how tax reform, energy policy, and worker freedom can make states attractive for businesses and entrepreneurs. The student chapters organized fifty-five events in this series. Highlights include an event at the University of Minnesota featuring the Washington Examiner’s Tim Carney who delivered remarks on Innovation vs. Regulation: What’s Driving the Debate About Uber? This event explored ways in which regulation often serves to protect market incumbents at the expense of innovation. One hundred twenty-five students attended this event. Terry Anderson of the Property and Environment Research Center presented his ideas on Free Market Environmentalism before a crowd of one hundred fifty at George Mason University. Author Stephen Moore discussed the ideas present in the Wealth of States at the University of Nebraska with Jim Vokel of the Platte Institute. The Student Division also encouraged student chapters to host events on Capitalism & the Rule of Law. These events examined how simple, stable, and predictable legal norms facilitate the voluntary exchange of goods and services leading to a flourishing society. Among the forty-five events in this series, Professor Richard Epstein’s event at Brooklyn Law School on Economic Liberty and the Freedom to Contract stands out. At this event, Professor Epstein argued that the free exchange of goods and services is protected by the Contracts Clause of the U.S. Constitution and forms the basis for prosperity. Seventy- R E P O R T • 2 0 1 5 7 five students attended this event. At the University of Kentucky, Timothy Sandefur of the Goldwater Institute debated Doug McSwain, a partner at a Lexington law firm, on the proposition, Obamacare is an assault on the rule of law. Sandefur argued that Obamacare undermines rule of law principles, ultimately harming consumers in healthcare markets. The Student Division also hosted a number of events on religious liberty. This was timely given the recent Hobby Lobby decision and the potential clash between religious liberty and gay rights that could spring from the thenupcoming Obergefell opinion. As an example, Professor Richard Duncan debated Professor Fred Gedicks at Brigham Young University before an engaged audience of one hundred fifty. This debate was titled Why Religious Liberty is More than a Hobby (Lobby). Professor Doug Laycock participated in an event at the University of Virginia on Defending Free Exercise: Holt v. Hobbs. At Harvard Law School, the Becket Fund’s Hannah Smith debated Mark Tushnet on the Hobby Lobby opinion. The Heritage Foundation’s Alden The Notre Dame Student Chapter’s recruiting table.. Student volunteers from the Yale and Texas Student Chapters at the NLC. 8 T H E Abbott delivered an innovative lecture at Duke University looking at religious liberty through the lens of antitrust law. His lecture, Regulating Religious Commerce: Antitrust and the Religion Clauses, drew seventy students. In February, Federalist Society student members traveled from around the country to attend the National Student Symposium at the University of Chicago. Law & Innovation was this year’s theme. Though students braved the Chicago winter to make it to the Symposium, this did not put a chill on the debate and discussion that is the hallmark of Federalist Society events. See page 26 for more details about the Student Symposium. The Columbia Law School Student Chapter had a truly outstanding year, earning it the James Madison Chapter of the Year Feddie Award at the Student Symposium. The chapter hosted over forty events and maintained an average attendance of seventy throughout. As part of its Madison Lecture Series on Judicial Engagement, the Columbia Student Chapter hosted fifteen events with members of the judiciary. The chapter also launched a book club and made a concerted effort to recruit and engage 1Ls for chapter leadership. In an effort to F E D E R A L I S T S O C I E T Y STUDENT DIVISION keep alumni involved, the chapter now produces a newsletter aimed at keeping Columbia Law graduates up to date on the chapter’s many activities. Through its strong presence on campus, the Columbia Law School Federalist Society Chapter reaches countless students at one of the nation’s most influential law schools. This was also a banner year for the Yale Student Chapter of the Federalist Society. In addition to hosting Justice Thomas for a homecoming event, the Yale Chapter organized a day-long symposium on Achieving Intellectual Diversity. This symposium examined how law schools often fall short in their obligation of making sure viewpoint diversity is fostered in classrooms and among faculty. Ideological homogeneity among faculty members hampers the learning process and risks creating an environment in which the faculty’s focus might shift from training critical thinkers to creating ideological clones. The symposium featured panels of scholars, practitioners, and administrators to look at the problem intellectual diversity on law school campuses. The first panel explored how law school administrations can promote intellectual diversity. This panel brought together high level law school administrators to discuss what can be done to prevent ideological tunnel vision from developing at law schools. The The Virginia Student Chapter in their Fed Sox baseball uniforms. next panel examined the effect that an absence of intellectual diversity can have on students as they transition from law school to practice. In the adversarial system, an inability to look at a problem from multiple angles can damage a client’s prospects, but exposure to multiple viewpoints gives students a more capacious view of legal problems. The final panel explored the argument for greater intellectual diversity in legal scholarship. Looking at the empirical evidence, the panelists examined whether scholars whose positions might be considered outside the mainstream often create more innovative scholarship having a greater overall impact in scholarly arguments. The Yale chapter hopes that this symposium will have a lasting impact on efforts to increase intellectual diversity at law schools around the country. Justice Clarence Thomas with the Yale Student Chapter. A N N U A L The 2014-2015 academic year continued to showcase the Student Division’s role in shaping the discourse at our nation’s law schools. Through lectures, panels, debates, and symposia, the Federalist Society’s Student Division continues to shape the ideas presented and arguments heard by the nations’ future advocates, policy makers, and opinion leaders. R E P O R T • 2 0 1 5 9 LAWYERS CHAPTERS Question and answer at the Florida Chapters Conference. President George W. Bush addresses the first annual Texas Chapters Conference, held at his presidential library in Dallas. Attendees at the Texas Chapters Conference. 10 T H E The Lawyers Chapters play a vital role in advancing the Federalist Society’s mission by organizing citizen-lawyers who encourage discussion and debate about the proper role of government in a free society. In 2015, the Federalist Society’s 80 lawyers chapters had one of the most active years in their history, as measured by the strength of their leadership, programming, young lawyers outreach, and involvement with the Society’s national projects. The chapters organized and hosted over 380 programs, drawing over 20,000 attendees to events nationwide. The lawyers chapters hosted three very successful regional conferences in 2015. The conferences provided a unique opportunity for our chapters in the western states, Florida, and Texas to gather and engage in fellowship and discuss of pressing legal and policy issues. In January, the Western Chapters Conference focused on law, innovation, and technology. The morning panel addressed the America Invents Act. Panelists included Joel Ard of Foster Pepper PLLC, Professor Robin Feldman of the University of California Hastings College of Law, Joe Matal of the Patent and Trade Office, and U.S. District Court Judge Andrew Guilford, who moderated. Panelists discussed the background of the patent system and patent litigation in relation to the America Invents Act, the interplay between intellectual property and real property, and the balance between fostering innovation and protecting inventors. An afternoon panel F E D E R A L I S T S O C I E T Y discussed the legal and regulatory challenges facing the sharing economy, as well as the opportunities available to businesses and consumers. Katie Biber Chen of Airbnb and Andrea Lobato of Lyft offered their insights into these questions. Evan Baehr of Outbox and Able Lending spoke on the power of government to strengthen or destroy entrepreneurial endeavors. Professor Stephen Miller of the University of Idaho School of Law discussed the proper role of regulation and how to balance the interests of local governments and consumers. John Allison, former President and CEO of the Cato Institute and former CEO of BB&T, offered the keynote address, in which he reflected on the ability of the free market system to foster life, liberty, and the pursuit of happiness. The Florida Chapters hosted their first statewide conference in Orlando on February 27-28. The program kicked off with a Friday evening reception with Adam Putnam, the Florida Agriculture Commissioner, and continued with a full day of programming on Saturday. The event featured panels focused on trends in Florida state judicial selection; originalism, textualism, and the rule of law; developments in Florida tort and business law; and the separation of powers. Fred Barnes of The Weekly Standard gave a keynote address on the role of state attorneys general in pushing back against executive overreach. Florida Third District Court of Appeal Judge Frank Shepherd was honored with the Florida Federalist Society’s inaugural Good Shepherd Award. Judge Shepherd, the award’s namesake, received the award because of his mentorship and guidance to younger members of the Federalist Society, as well as his record of leadership in the organization. The conference was sold out, with about 240 attorneys and judges in attendance. Notably, attendees included over fifty state court judges and members of all of the Florida lawyers chapters including Jacksonville, Miami, Orlando, Tallahassee, and Tampa, along with several student chapters. Federalist Society chapters throughout the state of Texas also held their first statewide conference at the George W. Bush Presidential Center in September. Over 200 attendees from chapters around the state gathered for panels offering a retrospective on the rule of law during the George W. Bush administration. The day kicked off with a surprise address by former President George W. Bush. President Bush welcomed attendees, updated the crowd on his family, and greeted many of his former legal officials in attendance. Proceedings included A N N U A L panels focused on the war on terror and judicial nominations, as well as a conversation on the 2008 financial crisis. Panelists at the conference included former United States Attorney General Michael Mukasey, former Department of Homeland Security Secretary Michael Chertoff, former Deputy Attorney General Larry Thompson, and former White House Counsel Harriet Miers, among many others. United States Supreme Court Justice Samuel Alito offered a keynote address commemorating his tenth anniversary on the Supreme Court. He discussed his love for baseball, the increased use of textualism on the Court, the state of religious liberty in America, and his views on the protection of First Amendment rights. In May, both the New Jersey and the Phoenix Lawyers Chapters had the privilege of hosting United States Supreme Court Justice Antonin Scalia. Justice Scalia addressed over 100 attendees in New Jersey and 350 attendees in Phoenix about structural constitutional issues, including those that concern presidential power. He also reflected upon his legal philosophy and signed The steering committee of the Phoenix Lawyers Chapter with Justice Scalia. R E P O R T • 2 0 1 5 11 copies of his latest book, Reading Law: The Interpretation of Legal Texts. In October, the Minnesota Lawyers Chapter also hosted Justice Scalia for an intimate breakfast meeting. In 2015, lawyers chapters hosted several dozen United States Supreme Court round-ups, which are some of the most highly attended programs of the year. These programs featured leading state and federal judges, Supreme Court practitioners, and prominent law professors. The Washington, DC Lawyers Chapter hosted its annual round-up with Miguel A. Estrada of Gibson, Dunn & Crutcher LLP before over 200 attendees. The Miami Lawyers Chapter also hosted Mr. Estrada at its third annual Supreme Court round-up event. The Atlanta Lawyers Chapter hosted its round-up with Kevin C. Newsom of Bradley Arant Boult Cummings LLP and Britt C. Grant, the Solicitor General of Georgia. The Colorado Lawyers Chapter presented a panel discussion with Justice Allison Eid of the Colorado Supreme Court, former Colorado Solicitor General Richard Westfall, Professor Alan Chen of the University of Denver Sturm College of Law, and Professor Josh Blackman of South Texas College of Law. The Houston Lawyers Chapter attracted a large crowd for an evening panel discussion with Judge Jerry Smith of the Fifth Circuit, Justice Jeff Boyd of the Supreme Court of Texas, Allyson Ho of Morgan Lewis, and Professor Josh Blackman. The event was moderated by Aaron Streett, Chairman of the Supreme Court and Constitutional Law Practice at Baker Botts L.L.P. The San Diego Lawyers Chapter co-hosted a successful panel discussion featuring Professor Michael Ramsey of the University of San Diego School of Law, Professor Laurence Benner of California Western School of Law, Professor Alex Kreit of Thomas Jefferson School of Law, and Dean Stephen Ferruolo of the University of San Diego School of Law. The Philadelphia Lawyers Chapter hosted Paul Clement of Bancroft PLLC for the twelfth time with over 80 members attending this signature chapter program. The Milwaukee Lawyers Chapter also hosted Mr. Clement for a very successful review at the Milwaukee Athletic Club. The Los Angeles Lawyers Chapter’s annual Supreme Court round-up featured returning speakers Professor John Eastman of Chapman University School of Law, Dean Erwin Chemerinsky of the University of California, Irvine School of Law, and Judge Sandra Ikuta of the Ninth Circuit. The San Francisco Lawyers Chapter hosted its traditional annual round-up 12 T H E DC Young Lawyers Chapter event. Left: Moderator Jan Crawford with Judges Brett Kavanaugh (DC Circuit) and William H. Pryor (11th Circuit).. Right: Alyssa DaCunha and Kathryn Kimball with Professors John Yoo and Jesse Choper of Berkeley Law. Chapters in Austin, Birmingham, Charlotte, Cincinnati, Columbus, Dallas, Fort Worth, Indianapolis, Iowa, Memphis, Minnesota, Nashville, Nebraska, New Jersey, Oklahoma City, Phoenix, Rhode Island, Rochester, Sacramento, Salt Lake City, Silicon Valley, Tallahassee, Tampa Bay, Triangle, and Tulsa also hosted Supreme Court round-ups. Lawyers chapters hosted many events about gun control and the Second Amendment. Most notably, the Chicago Lawyers Chapter co-hosted a debate at the Chicago Cultural Center in partnership with the National Constitution Center and the American Constitution Society about the issue. Jeffrey Rosen, President and Chief Executive Officer of the National Constitution Center, moderated a discussion between Professor Michael O’Shea of Oklahoma City University School of Law and Professor Carl Bogus of Roger Williams University School of Law before a crowd of over 200 attendees. The professors debated whether the Constitution protects an individual’s right to own and carry a gun. The Memphis and Phoenix Chapters hosted Professor Josh Blackman of the University of South Texas School of Law, who discussed the constitutional issues surrounding 3D-printed guns. The Dallas and Nashville Lawyers Chapters also hosted notable Second Amendment events. F E D E R A L I S T S O C I E T Y LAWYERS CHAPTERS Administrative law also took center stage this past year with chapters discussing government agencies’ actions in rulemaking, adjudication, and the enforcement of regulatory agendas. The Colorado, Long Island, New Jersey, New York City, and Silicon Valley Lawyers Chapters all hosted Professor Philip Hamburger of Columbia University Law School to discuss his book Is Administrative Law Unlawful? The Silicon Valley Lawyers Chapter also hosted Senior Circuit Judge Douglas H. Ginsburg of the DC Circuit to discuss antitrust and innovation with respect to administrative law. Chapter programming also emphasized threats to the rule of law, federal overreach and the use of executive power, and distortions of constitutional structure. The Portland Lawyers Chapter hosted a debate between Professors Nicholas Quinn Rosenkranz of Georgetown University Law Center and Garrett Epps of the University of Baltimore School of Law on whether there are limits to executive power. Andrew Oldham, the Deputy General Counsel to Governor Abbott, outlined challenges to executive action on immigration Senator Mike Lee speaking to the DC Lawyers Chapter at its monthly lunch at Tony Cheng’s Restaurant. A N N U A L in speeches to the Austin and Dallas Lawyers Chapters, as did Chapman Law Professor Ron Rotunda in a speech to the Orange County Lawyers Chapter. The Cincinnati, Colorado, and Long Island Lawyers Chapters also debated this issue. The Federalist Society continued its emphasis on young lawyer outreach. The DC Young Lawyers Chapter continues to grow as it hosted several events in 2015. Programs included a large reception with Senator Tom Cotton, a discussion with Judges Brett Kavanaugh and Bill Pryor that was moderated by journalist Jan Crawford, an intimate cocktails and cigar reception with Judge David Sentelle, and small dinners with Paul Clement, Ed Whelan, Adam Liptak, and SEC Commissioner Michael Piwowar. New York City, New Orleans, and Houston also hosted young lawyers receptions this year, and several chapters hosted summer associate events designed to reach out to students and recent graduates. Other notable chapter events included Senator Ron Johnson addressing the Milwaukee Lawyers Chapter, the Michigan Lawyers Chapter’s Annual Dinner honoring Federalist Society co-founder Spence Abraham, and the Atlanta Lawyers Chapter luncheon with Senator-Elect David Perdue. New and revived lawyers chapters were launched in 2015, including chapters in Northwest Arkansas, Delaware, and Rhode Island. The Northwest Arkansas Lawyers Chapter (centered in Bentonville and Fayetteville) hosted its inaugural event with Senior Circuit Judge Morris Arnold of the Eighth Circuit, attracting more than 70 attendees. Judge Arnold drew on his seven years of experience on the Foreign Intelligence Surveillance Court of Review to provide an insider’s view of its operation as well as his perspective on the most popular criticisms made against the court. A second reception with former U.S. Attorney General Alberto Gonzalez followed. The Delaware Lawyers Chapter hosted a reorganization meeting in the Fall. The Rhode Island Lawyers Chapter hosted Clark Neily of the Institute for Justice and Ilya Shapiro of the Cato Institute. These chapters, directed by their dedicated and talented volunteer leadership, will continue to shape the debate about legal and public policy in their communities and connect the next generation of lawyers chapter leaders to a national network of legal opinion leaders. R E P O R T • 2 0 1 5 13 FACULTY DIVISION The Faculty Division continued to expand its programming and participation in 2015, launching a new program for law students interested in academia and a new part-time fellowship. It continued to provide opportunities for faculty members, especially young faculty, to gain recognition and produce outstanding scholarship, while at the same time maintaining its core programs designed to foster dialogue and viewpoint diversity within the legal academy. Fostering the Exchange of Ideas Faculty Colloquia. We hosted twelve faculty colloquia on a wide range of topics throughout 2015. These included nine colloquia cosponsored with Liberty Fund as part of our Law and Liberty series, as well as three colloquia on topics related to law and free enterprise or religious liberty funded through a special grant from the John Templeton Foundation. The colloquia bring together faculty, practitioners, and aspiring academics (usually about 16 people total) for a day-and-a-half to discuss a common set of readings. They focus on promoting the exchange of ideas and incorporating conservative and libertarian perspectives into academic discussion of current and enduring legal questions. This allows the participants, who come from diverse backgrounds and perspectives, to learn from each other and develop camaraderie. Topics this year included International Law, Foreign Law, and the United States Constitution, Federalism at the Crossroads, Liberty and the Common Law, Behavioral Economics and the Free Society, The Federalists, the Anti-Federalists, and the Constitution They Created, Banking in a Free Society, The Administrative State: Its Foundations and Modern Forms, Liberty and the Common Law, Liberty of Conscience and the Law, Originalism and Precedent, Private International Law, Economics, and Development, and Theory of the Firm. For the third year in a row, the Faculty Division awarded prizes for original scholarship presented at our private law colloquium; this year’s focused on Private International Law, Economics, and Development. The four winning papers served as the focal point of one of the sessions of the colloquium. This proved successful on all levels—the papers made for an excellent discussion, and the comments at the colloquium led to their improvement and preparation for publication. 14 T H E Programming for Junior Scholars Junior Scholars Colloquium. Our fourth Junior Scholars Colloquium was held at Airlie Center in Warrenton, VA on June 19-20, 2015. It provided nine junior or aspiring academics with the opportunity to present competitively selected unpublished papers and receive comments from more senior faculty members during eight one-hour sessions. The quality of submissions for this competition continues to be strong, and a number of selections are later placed in top-ranked law journals. Junior Faculty Workshops. Our series of Junior Faculty Workshops, launched in 2011, continues. These events provide a structured but relatively informal environment in which several junior faculty members from different schools gather to spend a day workshopping each others’ papers. A junior faculty member assumes responsibility for organizing and directing the workshop and receives a budget to arrange for facilities, a group meal, and travel if necessary. Workshops scheduled in 2015 included Constitutional Law Workshop on Individual Rights and the Judicial Role and Basic Structures of Intellectual Property. Assistance for Aspiring Scholars Olin-Searle Fellowships. The Faculty Division offers Olin-Searle Fellowships to law school graduates who are interested in a career in legal academia, and whose strong academic qualifications make them likely to succeed in and contribute to intellectual diversity in the academy. Fellows in Law receive a $60,000 stipend that enables them to work on their scholarship and engage Discussions at a Faculty Colloquium focused on the Administrative State, F E D E R A L I S T S O C I E T Y A N N U A L The First Annual James Kent Academy for students and attorneys considering a career in academia. with the academic community of a top law school on a full-time basis for one to two years. Many past recipients have gone on to earn tenure-track positions at top law schools. The 2015 Olin-Searle Fellow in Law is Jennifer Mascott, who is doing her fellowship at Georgetown Law. In 2015 we also inaugurated Part-time Fellowships. Part-time fellows continue to work their day jobs, but commit to producing an academic paper on a set timeline and to participating in a series of regular paper workshops and our job talk workshop. In addition to a modest stipend, they receive an affiliation with an academic institution and corresponding research access. We are pleased to announce our first class of these part-time fellows: Megan Dillhoff (Law Clerk to Hon. Samuel Alito), affiliating with Stanford Law School; Jordan Pratt (Deputy Solicitor General of Florida), affiliating with Florida State Law; Lochlan Shelfer (Gibson Dunn), affiliating with Stanford Law; and Wanling Su (Promontory Financial Group), affiliating with Yale Law. Job Talk Workshop. This year the Faculty Division again offered two workshops for law school graduates who seek to enter the legal academic market. Notwithstanding the challenges facing the law school teaching market, interest in the workshops remains quite high. Both workshops took place in downtown Chicago, the first on June 12-14, and the second on June 29-July 1. At this year’s workshops, twelve candidates preparing to go on the tenuretrack market had the opportunity to present their job talk before a panel of professor commentators, receive substantive and stylistic feedback, participate in mock AALS and Skype interviews, and receive individualized resume critiques. Outreach to Aspiring Law Professors James Kent Summer Academy. The Division hosted its inaugural James Kent Summer Academy on August 3-7 in Annapolis. Fifteen aspiring law professors attended this conference, along with nine current faculty members and Division staff, in order to participate in seminars on topics in law ranging from originalism to the administrative state and workshops to improve their legal writing skills and answer their questions about the law faculty hiring process. We received very positive evaluations from participants, and their constructive feedback is helping us plan our 2016 academy. R E P O R T • 2 0 1 5 15 Resources for the Public and Press Supreme Court Docket. The Division, in collaboration with the Practice Groups, continued to produce original programming drawing on academic and practitioner expertise. These programs are designed to educate the public and the media and raise the speakers’ profiles. SCOTUScast, a series of expert commentary podcasts on U.S. Supreme Court cases as they are being argued and decided, is in its tenth year. These podcasts inform the general public about cases in the Court and enable faculty members and legal experts to address a wider audience. Over 90 podcasts for the 2014 Term and 16 from the October 2015 term are available at fedsoc.org/scotuscast. As in years past, the Division collaborated with the Practice Groups to organize and host a Supreme Court Preview Panel, which was held at the Mayflower Hotel in Washington, DC this year. A video recording of the panel is available at fedsoc.org/events. The Division and the Practice Groups also organize regular press calls with faculty and practitioner experts who provide expert analysis of upcoming Supreme Court cases. These efforts give members of the press perspective on Visits to Law Schools. The Faculty Division continued its systematic efforts to unfamiliar cases and help enhance the reputations of our experts. Many of these visit top law schools (from whose ranks future law professors are overwhelmingly calls are supplemented with press statements from experts with commentary drawn) to provide interested students with information about the challenges on the Court’s recent activities that are disseminated as a resource to press. and benefits of an academic career, encourage good prospects to remain These have been quoted by the Associated Press, ABC, the New York Times, interested, and advise them about steps to take in law school that will help the Washington Post, the Los Angeles Times, Forbes, and many others. them be successful. This cycle, we met with students from Stanford, Berkeley, Faculty Books and Other Work. The Faculty Division continued its series Columbia, NYU, Chicago, Penn, Michigan, Harvard, and Yale. These visits of DC-based events to stimulate discussion among opinion leaders about have effectively connected us with strong potential academics, and we have important new books by faculty members. At these events, the authors present begun to include the students we meet in faculty colloquia and other events. key points from the book, followed by comments from two or three panelists Summer Reception for Law Students & Recent Graduates Interested in Academia. and a public question-and-answer session. For the third time, the Faculty Division sponsored a summer reception for law In 2015, we held a book event, co-sponsored with the Cato Institute, on students and recent graduates who may be interested in an academic career. Omri Ben-Shahar’s (Chicago Law) book, More Than You Wanted to Know: Held at Smith & Wollensky steakhouse in Washington, DC on July 6, the The Failure of Mandated Disclosure. The panel included Paul Atkins (Patomak event drew strong attendance. Faculty members from area law schools also Global Partners, former SEC Commissioner), Andrew Stivers (Federal Trade Commission), and Thaya Brook Knight (Cato Institute). attended, offering helpful advice to aspiring academics. A panel at the Annual Faculty Conference. See page 29 for more details. 16 T H E F E D E R A L I S T S O C I E T Y FACULTY DIVISION Huffman (Lewis & Clark Law) and Shruti Rajagopalan (SUNY-Purchase SEALS Reception. The Division held its ninth annual reception at the annual College) spoke on free enterprise, property rights, and the rule of law. In meeting of the Southeastern Association of Law Schools (SEALS) in Amelia addition, James Kelly (The Federalist Society) and Ozan Varol (Lewis & Clark Island, Florida. It was well attended and continues to be a useful event for Law) taught courses on Religious Liberty and Models of Judicial Review this past summer at the Republic of Georgia Constitutional Court’s summer school introducing the Federalist Society to participating faculty members. for Georgian law students, primarily from Tbilisi. APSA Meeting. For the third time, Division staff also attended the annual Treaty Power Conference. On March 27-28, thanks to a generous matching meeting of the American Political Science Association (APSA), where we grant from the Hertog Foundation, we held a conference at George Washington sponsored our inaugural panel as a “related group” on Realism, Formalism, and Law that brought together academics who are skeptical of the current direction Empirical Studies of Judicial Decisionmaking. of international law to consider alternative approaches. Original papers Specialty Conferences presented at the conference included Thomas Lee’s (Fordham Law) Should We International Conferences. In conjunction with the International Division and Still Be Entering Into Multilateral Treaties? and Julian Ku’s (Hofstra Law) U.S. as part of our Templeton Foundation grant, we supported faculty participation Sovereignty and Dispute Resolution Under the UNCLOS. in a variety of international meetings, where they promoted robust conceptions Right Meets Left Conference. In conjunction with Claire Hill (Minnesota of religious liberty, free enterprise, and property rights. At the 2015 Kulfest Law), we co-sponsored a conference on the role of normative priors and how gathering in Zagreb, Croatia on May 21-22, O. Carter Snead (Notre Dame to talk usefully among people with different “priors” on topics such as markets Law) spoke on a panel discussing the future of Western values. At the iJustice vs. regulation and the role of religion. The conference took place Aug. 28-29 in Law and Liberty conference held on September 18-19 in Delhi, India, James Minneapolis, MN and was very productive. Outreach to Other Associations Roundtable on Adjunct & Clinical Teaching at the National Lawyers Convention, featuring Craig Lerner and Jeanne Hauch (left) and Lee Otis, James Sonne, and Salen Churi (right). A N N U A L R E P O R T • 2 0 1 5 17 PRACTICE GROUPS The Administrative Law & Regulation Practice Group provided comprehensive coverage of Supreme Court oral arguments and the decision in King v. Burwell with two same-day Courthouse Steps Teleforum programs featuring Prof. Jonathan Adler, David Rivkin, and Prof. Josh Blackman. The group also continued to highlight notable books for its members. Hon. Eileen J. O’Connor interviewed Diana Furchtgott-Roth about her Disinherited: How Washington Is Betraying America’s Young, and Adam J. White interviewed Dr. Charles Murray on his By the People: Rebuilding Liberty Without Permission. The Civil Rights Practice Group had two unique opportunities to host presentations from notable guest speakers from both sides of the aisle for Teleforum audiences. Former United States Attorney General Hon. Edwin Meese III addressed practice group members about voter ID laws, and Vanita Gupta, currently the Department of Justice’s top civil rights prosecutor, offered remarks on policing and criminal justice reform. The Supreme Court’s October 2015 term is heavy on civil rights cases, and the practice group kept its members up to speed by hosting, in the span of two weeks, oral argument previews and Courthouse Steps Teleforum recaps for Harris v. Arizona Independent Redistricting Commission, featuring plaintiffs’ counsel Mark F. Hearne, Evenwel v. Abbott, featuring Bradley A. Benbrook, Andrew Grossman, and C. Dean McGrath, and Fisher v. University of Texas, featuring Roger Clegg, Professor Theodore M. Shaw, and Joshua P. Thompson. The Corporations, Securities, & Antitrust Practice Group hosted the first-ever Teleforum with a live studio audience, An Afternoon with Former FTC Commissioner Josh Wright, hosted by Deborah A. Garza at Covington & Burling’s Washington offices. In another first, the practice group provided bankruptcy practitioners with a look back at the Supreme Court’s numerous bankruptcy decisions in October Term 2014 in a Teleforum featuring Professors Thomas Plank, Zvi Rosen, and David Skeel. Finally, the practice group held several Teleforum programs on developments at the Securities and Exchange Commission featuring Jeffrey T. Dinwoodie, Matthew T. Martens, and Annette L. Nazareth. The Criminal Law & Procedure Practice Group was prolific in 2015. The group put together a huge slate of Teleforum programming to keep members apprised of criminal cases heard at the United States Supreme Court in October Term 2014. In addition to an end-of-term round-up featuring Practice Group Executive Committee Chairman John Malcolm and Dean Mazzone, the practice group held programs on Johnson v. United States (Armed Career Criminal Act) with Vikrant P. Reddy, Ohio v. Clark (child abuse and the Confrontation Clause) with John C. Richter, Yates v. United States (commercial fishing and Sarbanes-Oxley) with Todd F. Braunstein, City of Los Angeles v. Patel (proper structure of 4th Amendment challenges) with Prof. Nicholas Quinn Rosenkranz, Glossip v. Gross (lethal injection drugs) with Kent S. Scheidegger, Speakers at the Annual Supreme Court Preview event, which was held at the Mayflower Hotel in August 2015. From left: Prof. Gail Heriot, John Elwood, Neal Katyal, Adam Liptak, John Stinneford, and Ed Whelan. 18 T H E F E D E R A L I S T S O C I E T Y and Elonis v. Untied States (threatening Facebook posts) with John Elwood and Kent S. Scheidegger. The group also put together numerous Teleforum calls about broader themes of criminal law. Kent S. Scheidegger and Prof. John Bessler debated the implementation of the death penalty, Judge Alex Kosinski and Prof. William G. Otis discussed the criminal justice role of prosecutors, and Prof. Peter Swire and Benjamin Wittes discussed encryption, “going dark,” and the increasing tension between law enforcement and privacy interests. The Environmental Law & Property Rights Practice Group organized Teleforum programs to provide practitioners with litigation updates in many of the year’s biggest cases from around the country. Prof. Jonathan H. Adler recapped the Supreme Court oral arguments in Michigan v. EPA, and Andrew Grossman discussed the Court’s decision hours after it was released. Practice Group Executive Committee member J. Tyler Ward II discussed the Nebraska Supreme Court’s decision in the Keystone XL Pipeline litigation with former Nebraska Deputy Attorney General Katie Spohn, who argued the case. Robert R. Gasaway discussed the Murray Energy case after it was argued in the D.C. Circuit Court of Appeals. Michael H. Park discussed developments surrounding the EPA’s controversial new Waters of the United States rule. John Elwood spoke on a pair of programs discussing the oral argument and opinion in Horne v. United States. In addition to responding to legal news, the practice group organized Teleforum programs providing in-depth analyses of hot environmental topics. Brent Fewell and Prof. Patrick A. Parentau engaged in a balanced and incisive discussion over the merits of the EPA’s Waters of the United States rule, and Prof. John D. Echeverria and Hon. Michael W. McConnell sparred over the implications of Horne. The Federalism & Separation of Powers Practice Group hosted many Teleforum calls in 2015, several of which discussed important U.S. Supreme Court cases. Teleforum calls featured previews and discussions of Obergefell v. Hodges (same-sex marriage) with Prof. John Eastman, and separately with Prof. Gerard Bradley and Prof. Ilya Somin; King v. Burwell (Affordable Care Act) with Prof. Jonathan H. Adler, Simon Lazarus, Carrie Severino, Robert N. Weiner, and Robert Barnes; and immigration cases and policy with Linda Chavez, Hon. Tom Tancredo, and Prof. John Eastman. The group also highlighted significant A N N U A L Judge Diane Wood of the 7th Circuit discussing diversity jurisdiction at a Practice Groups event. books in its Teleforum calls. Hon. James Buckley spoke about his book, Saving Congress from Itself: Emancipating the States and Empowering Their People; Senator Mike Lee discussed Our Lost Constitution: The Willful Subversion of America’s Founding Document; Prof. Michael S. Paulsen and Luke Paulsen discussed The Constitution: An Introduction; and Prof. Tara Smith discussed her book, Judicial Review in an Objective Legal System. The 2015 Separation of Powers CLE Course was held in Colorado and featured U.S. Supreme Court Justice Antonin Scalia and Prof. John S. Baker, Jr. before a capacity crowd. The speakers discussed the courts, standing, the non-delegation doctrine, and appointments and removal as they relate to the separation of powers.  The Financial Services & E-Commerce Practice Group continued to host regular calls updating practitioners on recent developments at the Consumer Financial Protection Bureau featuring Julius L. Loeser, Prof. Todd J. Zywicki, and Hon. Wayne A. Abernathy. The practice group also hosted a remarkable pair of calls built around an in-depth discussion of the Federal Deposit Insurance Corporation’s “Single Point of Entry” strategy. Paul H. Kupiec and Hon. Peter R E P O R T • 2 0 1 5 19 attempt on his life and the need to preserve free speech in the aftermath of the Charlie Hebdo attacks. Finally, the group held two book Teleforums discussing Charles Slack’s Liberty’s First Crisis: Adams, Jefferson, and the Misfits Who Saved Free Speech and Jonathan Rauch’s Political Realism: How Hacks, Machines, Big Money, and Back-Room Deals Can Strengthen American Democracy. FCC Commissioner Ajit Pai and FTC Commissioner Maureen Ohlhausen discuss net neutrality at a Practice Group event at the National Press Club. J. Wallison presented their paper Can the ‘single point of entry’ strategy be used to recapitalize a failing bank? on one program, and Randall Guynn, Prof. David Skeel, and James Wigand joined a call with a response and rebuttal a few weeks later. The group also hosted a call with Gregory Jacob to provide an update on the state of litigation challenging the Dodd-Frank Act. The Free Speech & Election Law Practice Group had an active year with several significant U.S. Supreme Court cases that had important implications in the practice area. The practice group hosted Courthouse Steps Teleforum calls on Reed v. Town of Gilbert; Hon. Hans A. von Spakovsky reviewed the oral argument and Prof. Eugene Volokh discussed the Court’s decision. Erik S. Jaffe and Ed Whelan covered the William-Yulee v. Florida Bar oral argument, and Erik S. Jaffe and Prof. Brian Fitzpatrick later discussed the decision. Prof. Eugene Volokh explained the decision in Walker v. Texas Division, Sons of Confederate Veterans. Other calls by this group discussed censoring specialty license plates, non-media speech, the hecklers’ veto, and hate speech prosecutions here and abroad. Danish publisher Lars Hedegaard spoke about the latter topic, discussing his own hate speech prosecution in Danish courts, along with an 20 T H E In 2015, the Intellectual Property Practice Group hosted Patent Reform Update: Studying the Studies on Patent Litigation, a live program on Capitol Hill featuring Eli Dourado, Prof. Jay P. Kesan, and Prof. Kristen J. Osenga. The group hosted Courthouse Steps Teleforum calls for several important IP cases, including discussions of Kimble v. Marvel with Prof. Gregory Dolin, and Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. with Prof. Kristin Osenga. The practice group hosted several Teleforum discussions on patent litigation, including Administrative “Death Squads” for Patents? Assessing the New Administrative Procedures for Challenging Patents with Peter Cicala, Prof. Gregory Dolin, Robert Sterne, and Prof. Mark Schultz and co-sponsored by the Center for the Protection of Intellectual Property, and Does Patent Litigation Need a Federal Solution? with Eli Dourado and Prof. Jay P. Kesan. Another Teleforum call featured a discussion of Randolph May and Seth Cooper’s new book The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective among the authors and Prof. Mark Schultz. The call explored the conceptual underpinnings of intellectual property that informed the Constitution and explained how these concepts fostered the further development of IP rights from the First Congress through Reconstruction. The International & National Security Law Practice Group hosted several Teleforum calls discussing the Iran Deal, one of which featured Professor Alan Dershowtiz, Ambassador Dennis Ross, and Professor Jamil Jaffer. Another highlight of 2015 was a Teleforum with Victor Davis Hanson, who spoke about President Obama’s foreign policy. The Practice Group also hosted a panel on The International Law and Policy of Counterterrorism at the 2015 International Law Weekend on November 6 at Fordham University School of Law. Professor Jamil Jaffer, Matthew Heiman, Adam Pearlman, and Professor Peter Margulies spoke on the panel, and Vincent Vitkowsky, chairman of the group, moderated. F E D E R A L I S T S O C I E T Y PRACTICE GROUPS The Labor & Employment Law Practice Group hosted a Teleforum about the Supreme Court deciding to revisit whether the First Amendment permits the government to compel its employees to financially support a union by granting certiorari in Friedrichs v. California Teachers Association. Dean Erwin Chemerinsky of the University of California, Irvine School of Law and William Messenger of the National Right to Work Legal Defense Foundation discussed whether the Court is likely to overrule Abood, and the implications if it does. This practice group will continue to host Teleforum updates on Friedrichs in 2016. The Telecommunications & Electronic Media Practice Group welcomed a full house to the National Press Club for a panel featuring Federal Trade Commissioner Maureen K. Ohlhausen and Federal Communications Commissioner Ajit V. Pai titled A Tale of Two Agencies—Overlapping Jurisdiction of the FCC and FTC. The practice group also hosted a Teleforum on the same topic featuring then-FTC Commissioner Joshua D. Wright. Net Neutrality was one of the biggest policy controversies of 2015, and the practice group provided a valuable service with its thorough coverage of developments. Practice Group Executive Committee Chairman Bryan N. Tramont kicked off The Litigation Practice Group had an exciting year in Teleforum calls. the group’s 2015 Teleforum slate with an interview of Commissioner Pai on One notable call featured Victor E. Schwartz, Partner at Shook Hardy & the topic. Later in the year, Brantley Webb and Adam J. White recapped the Bacon L.L.P., who discussed The Rise of Empty Suit Litigation. He discussed oral arguments in the DC Circuit for U.S. Telecomm Association v. FCC, the most noteworthy challenge to the FCC’s net neutrality rules. Paul Brigner, the need to stop all litigation where an individual or class action plaintiff has Roslyn Layton, Hon. Robert M. McDowell, and David Redl offered unique suffered no real physical, emotional, or economic harm. In another great call, perspectives on the international implications of net neutrality in a lively Ilya Shapiro of the Cato Institute and Dwayne Sam of Wiley Rein discussed Teleforum roundtable. how the Washington Redskins may have to change their name because of the Lanham Act, which allows the government to deny trademark registration to “disparaging” speech. Listen to the podcast to find out what our experts had to say about the First Amendment and government censoring of speech it dislikes. The Professional Responsibility & Legal Education Practice Group hosted its annual Ethics CLE Teleforum featuring W. William Hodes of The William Hodes Law Firm, Professor Thomas D. Morgan of the George Washington University Law School, and Professor Ronald D. Rotunda of Chapman University Dale E. Fowler School of Law. This is a unique opportunity for our members to receive an hour of ethics credit without even leaving their home or office. Remember to look for for the upcoming 2016 Ethics CLE Teleforum. Members of the Religious Liberties Practice Group had their hands full this year with Teleforum calls covering the impact of the Hobby Lobby case, the Indiana RFRA controversy, and Obergefell v. Hodges. These calls featured, among others, Professor John C. Eastman of Chapman Law and Ilya Shapiro of the Cato Institute. This Practice Group will host Teleforum calls discussing transgender bathroom policies, Zubik v. Burwell, Whole Woman’s Health v. Eileen O’Connor, chairman of the Administrative Law & Regulation Practice Group, introduces that group’s panel at the National Lawyers Convention. Hellerstedt, and more in 2016. A N N U A L R E P O R T • 2 0 1 5 21 STATE COURTS The Federalist Society’s State Courts Project seeks to raise the profile of state court issues with timely and informative programming and publications. The work of the State Courts Project appears in white papers, State Court Docket Watch, and the FedSoc Blog. Publications In April, the Society published its annual Civil Justice Update, a survey of legislation and litigation relating to civil justice reform. Emily Kelchen of New Jersey’s Civil Justice Institute wrote the paper. The 2015 Update summarizes the national landscape of civil litigation, featuring brief but informative analysis of areas ranging from asbestos litigation to private attorney general actions. In November, the State Courts Project released three additional white papers. Mark A. Behrens and Christopher Casolaro coauthored Civil Justice Reform: Twists and Turns in Arkansas, a paper discussing the long-running legal battle over the constitutionality of legislative tort reform in Arkansas. Professor John S. Baker, Jr. covered an area of Michigan contract law in Enforceability of Non-Disclosure & Non-Competition Covenants: Should Business Transactions and Employer-Employee Agreements be Treated Alike? Thomas Johnson’s Two Models of Public Pensions in State Supreme Court Decisions proposes a framework for looking at several recent state supreme court decisions dealing with pension programs. Many of these programs have been in dire financial straits, and the judicial treatment of legislative remedies, Johnson says, has differed markedly by jurisdiction. The Society also continues to publish State Court Docket Watch through our State Courts Guide website and member distributions. Docket Watch provides a forum for the most current legal developments coming from the states. Authors for the pieces are drawn from the Society’s practicing membership in order to ensure accurate, informative, and nuanced coverage of the issues. Highlights among Docket Watch’s 2015 product include articles on Ohio state class action law, Tennessee tort reform legislation, and the Indiana right-to-work law. Finally, the Society’s State Courts Project staff posts brief summaries of state legal news as it develops on the FedSoc Blog. 22 T H E State Courts & State Attorneys General The Society continues to highlight the role of states in shaping national policy. At the feature panel of the 2015 National Lawyers Convention, Governors Sam Brownback of Kansas, Nathan Deal of Georgia, Pete Ricketts of Nebraska, and Scott Walker of Wisconsin discussed how states can advocate for a proper separation of powers at the federal level. The governors highlighted increasing cooperation of state attorneys general in challenging federal regulations as one of the primary ways states can do this. Nevada Attorney General Adam Laxalt built upon that theme in a separate panel on federal overreach. News of Interest Wisconsin. In April, voters in Wisconsin approved an amendment to the state constitution changing the way the state’s chief justice is selected. Previously, the justice with the longest tenure on the court was chief, but the amendment gave the decision to the other justices. Immediately after the constitutional change, then-Chief Justice Shirley Abrahamson sued, claiming that voters had reelected her with the understanding that she would remain chief justice. The U.S. District Court denied Abrahamson’s Above: Nevada AG Adam Laxalt talking with Wisconsin Governor Scott Walker. Below: Hon. Robert T. Numbers, EDNC Magistrate Judge, Jeanette Doran, Chairman of the NC Board of Review, and Jennifer Perkins, Assistant Arizona SG, at the NLC. All have helped run lawyers chapters. F E D E R A L I S T S O C I E T Y request for an injunction, and Justice Abrahamson dropped her case before an appeal was resolved. Justice Patience Roggensack was elected chief justice. In July, the Wisconsin Supreme Court was once again in the news, declaring that portions of Wisconsin’s campaign finance laws were unconstitutionally overbroad and vague. This ended the “John Doe” investigation into associates of Governor Scott Walker. The governor later signed legislation updating the state’s campaign finance regulatory framework to reflect current jurisprudence. Justice N. Patrick Crooks of the Wisconsin Supreme Court passed away in September, creating a vacancy before the scheduled April election for his seat. Governor Walker appointed a state appeals judge, Rebecca Bradley, to the seat. Justice Bradley has announced her candidacy for a full term; her opponents are Wisconsin Court of Appeals Judge JoAnne Kloppenburg and Milwaukee County Circuit Judge Joe Donald. Michigan. In August, Justice Mary Beth Kelly announced she would resign from the Michigan Supreme Court and return to private practice. In October, Governor Rick Snyder appointed Professor Joan Larsen of the University of Michigan Law School to fill the position. Justice Larsen had previously served in the George W. Bush Justice Department’s Office of Legal Counsel and as a clerk to Justice Antonin Scalia of the United States Supreme Court. Arkansas. In early 2015, newly elected Arkansas Governor Asa Hutchinson floated the possibility of changing the selection method for justices of the Arkansas Supreme Court, who are currently elected in nonpartisan contests. After the governor’s statement on the issue, the Society’s Little Rock Lawyers Chapter hosted an event on judicial selection methods in July with Professor Brian Fitzpatrick of Vanderbilt Law School and Professor Chris Bonneau of the University of Pittsburgh’s Department of Political Science. The panelists provided an overview of the models of judicial selection utilized by other states. They noted public accountability is a key variable between the different proposals. Even seemingly similar systems like various appointive systems or partisan and nonpartisan elections can differ widely in the connection between the public and the justices. In the months since, the discussion of judicial selection methods has remained prominent because two state supreme court seats are up for election in 2016. A N N U A L Keith Miller (Arizona Assistant SG), Tiffany Bates (Heritage Foundation), Paul Ray (Sidley Austin), Stephen Klein (Pillar of Law Foundation), and Paul Watkins (Chief Counsel of Civil Litigation for Arizona AG) at the 2015 NLC. Current Justice Courtney Hudson Goodson is running against Circuit Judge John Dan Kemp to become chief justice, which is an independently elected position in the state. If Goodson is successful, Governor Hutchinson will make an appointment to fill the remainder of Goodson’s term as associate justice. Attorney Clark W. Mason and Circuit Judge Shawn A. Womack are competing for a separate associate justice seat on the court. North Carolina. The North Carolina Supreme Court upheld that state’s school voucher system against a state constitutional challenge. This reversed a lower court opinion that said the program violated a state obligation to provide a sound education to all students, since private schools receiving voucher funds do not operate in the same way that public schools do. In contrast, the state supreme court held that the plaintiffs had not demonstrated that the program plainly and clearly violated any requirement or restriction of the state constitution. The Society published a State Court Docket Watch piece by Professor Scott W. Gaylord covering the decision. R E P O R T • 2 0 1 5 23 NATIONAL LAWYERS CONVENTION “I come to the Federalist Society’s annual convention every year, wouldn’t miss it.” Those are the words of Senator Mike Lee, beginning a video that he recorded at the 2015 National Lawyers Convention. Senator Lee opened the convention with remarks on the Role of Congress, setting the tone for the three-day event. Showcase panels throughout the convention explored topics related to the role of Congress, including The Original View of Congress, The Living Congress: Adaptation or Decline?, and Changes in Incentives to Address Congressional Dysfunction. The convention kicked off the Federalist Society’s years-long Article I Project, which will involve careful examination of the proper role of the legislative branch pursuant to Article I, as well as creative ideas about how to ensure Congress is exercising its appropriate role in the scheme of U.S. federal governance. Hosting the annual National Lawyers Convention, of course, plays a big part in the Federalist Society’s mission: bringing together like-minded attorneys to discuss pressing issues in our legal and political culture that get short shrift elsewhere in media and academic discussions. For almost 30 years, the National Lawyers Convention has been the preeminent venue for lawyers to come together and hear high-level discussions of legal and political issues from lawmakers, litigators, and laymen, left, right, and center. The 2015 NLC continued this tradition at the Mayflower Hotel in Washington, DC, November 12-14. 24 T H E Governors Brownback, Walker, Ricketts, and Deal posing before their presentation at the 2015 National Lawyers Convention Annual Dinner. Each of the Federalist Society’s fifteen Practice Groups planned and hosted a breakout session at the convention, including several on the first day of the convention. The Litigation Practice Group invited litigator Michael Carvin, journalist Jan Crawford, former Senate lawyer Steven Duffield, and Professor Michael Paulsen to discuss Ten Years of the Roberts Court, moderated by Judge Carlos Bea of the 9th Circuit. Some Practice Groups focused their panel discussions on topics related to the overall convention theme of the Role of Congress: the Administrative Law group asked how Congress can reclaim its legislative authority, the Corporations panel discussed the constitutionality of administrative law judges in executive agencies, and the Federalism and Separation of Powers session was about deference and delegation and which is the most dangerous branch of the federal government. The Annual Dinner took place on Thursday evening at the Omni Shoreham Hotel. David McIntosh, Vice Chairman of the Federalist Society’s Board of Directors and President of the Club for Growth, introduced the evening’s program, which was a discussion among four governors moderated by Bill F E D E R A L I S T S O C I E T Y Kristol. Governors Scott Walker (Wisconsin), Sam Brownback (Kansas), Pete Ricketts (Nebraska), and Nathan Deal (Georgia), engagingly discussed their states’ efforts to counteract federal overreach. In the midst of a sensationalized presidential campaign filled with promises to do the impossible or undesirable, listening in on a conversation among four successful conservative governors who are improving the lives of people in their states was a refreshing respite. The discussion of federalism spilled over into the Friday morning session on overreach in the states, a discussion between Nevada Attorney General Adam Laxalt and Judge William Pryor of the 11th Circuit, moderated by Adam White of the Hoover Institution. More Practice Group panels filled the afternoon, notably a lively discussion of Ferguson, Baltimore, and Criminal Justice Reform hosted by the Civil Rights group. The Faculty Division held a Roundtable on Adjunct and Clinical Teaching that was well-attended by attorneys looking to teach, and Senator Orrin Hatch gave an address. Friday’s highlight was Senator Tom Cotton’s delivery of the Barbara K. Olson Memorial Lecture. He beautifully weaved together the stories of Barbara Olson and his own wife, and drew from their journeys inspiration for his defense of American exceptionalism and his vision for the future of the United States. political commentator Kirsten Powers about her new book, The Silencing: How the Left Is Killing Free Speech. The lunchtime discussion touched on recent protests on college campuses that sought to silence opposing views, and featured agreement in the hope that opponents of free speech would be successfully opposed by left and right alike in favor of true intellectual diversity. The convention closed with the Eighth Annual Rosenkranz debate, which pitted Professors John McGinnis (Northwestern Law) and Robert George (Princeton) against each other on the resolution: The Constitution is designed for a moral and religious people and it’s wholly unsuited for the government of any other. Judge Pryor of the 11th Circuit moderated the discussion, which provided a fitting conclusion to an intellectually engaging convention. Conservative leaders like Senator Lee continue to look to the Federalist Society for intellectual leadership on key issues of governance and law. The 2015 National Lawyers Convention showed that the Federalist Society takes its role seriously, and will help Congress to do the same. Saturday morning began with the third showcase panel on using incentives to address congressional dysfunction, and continued into the final Practice Group breakout sessions, including the Professional Responsibility group’s popular panel on Prosecutors Run Amok, a discussion among Judge Alex Kozinski of the 9th Circuit, the Heritage Foundation’s John Malcolm, George Terwilliger, and Darpana Sheth of the Institute for Justice, moderated by Justice Keith Blackwell of the Georgia Supreme Court. Next, Professor Nicholas Quinn Rosenkranz interviewed author and Senator Tom Cotton delivers the Annual Barbara K. Olson Memorial Lecture. A N N U A L R E P O R T • 2 0 1 5 25 26 T H E F E D E R A L I S T S O C I E T Y NATIONAL LAWYERS CONVENTION A N N U A L R E P O R T • 2 0 1 5 27 STUDENT SYMPOSIUM In February, Federalist Society student members traveled from around the country to attend the National Student Symposium at the University of Chicago. Law & Innovation was the theme. Students braved the Chicago winter to make it to the symposium, and they were rewarded with the lively debate and discussion that is the hallmark of Federalist Society events. The Symposium opened with a panel on Innovation and the Administrative State. With moderator Justice Stephen Markman of the Michigan Supreme Court guiding the discussion, the panelists explored whether or not the administrative state is up to the task of shaping regulation for an era of rapid technological transformation. The panel examined what role costbenefit analysis should play in the decision-making process at administrative agencies and explored what alternatives to top-down regulation might exist. Saturday opened with a panel that examined intellectual property and whether patents and trademarks incentivize or obstruct innovation. The panel looked at alternatives to patents for spurring innovation, like prize funds, to determine whether or not these would be better suited to the realities of the twenty-first century economy. The next panel looked at the health care industry and what role the law plays in erecting barriers to more efficient health care delivery systems. From the top: Students at the Student Symposium, Richard Epstein discusses innovation and inequality on a panel with Beth Kregor and John McGinnis, the University of Florida chapter accepts its Feddie for most creative publicity, and Gerald Masoudi speaks on a panel about innovation and health care. 28 T H E F E D E R A L I S T In the afternoon, Judge Easterbrook moderated a panel on Innovation and Inequality: Conservative and Libertarian Perspectives. Professor John McGinnis argued that wealth inequality is a good thing. When entrepreneurs and innovators are rewarded for their efforts, technological innovations more quickly become economic realities. Professor Richard Epstein agreed with this, but argued that wealth inequality can be exacerbated by burdensome regulations that diminish the competiveness of markets. Beth Kregor, director of the Institute for Justice Clinic for Entrepreneurship at the University of Chicago, pointed out that burdensome regulations often disproportionately burden the economically disadvantaged. Rather than encouraging work, regulation often makes it close to impossible for small businesses to function. At the concluding banquet, a panel of entrepreneurs discussed Building Innovative Businesses under Regulatory Uncertainty. Evan Baehr of Outbox and Able Lending, Katie Biber Chen of Airbnb, and Candice Taylor of Lyft discussed their experiences with trying to grow their innovative businesses. A common refrain emerged that regulation often made it impossible for their businesses to pursue radically innovative concepts. During dinner, the Student Division also recognized its best chapters through the conferral of much sought after Feddie Awards. The University of Florida won the Thomas Paine Award for most creative publicity, Harvard Law School was awarded the Sam Adams Award for Membership Growth, the University of Nebraska won the Alexander Hamilton Award for the Most Improved Chapter, and Columbia Law School was awarded the coveted James Madison Award for Chapter of the Year. S O C I E T Y FACULTY CONFERENCE The 18th Annual Faculty Conference, held on January 8-9, 2016 in New York City in partnership with the Association of American Law Schools (AALS) Annual Meeting, drew over 140 law professors. An additional 425 people watched the live stream from our webpage. For the first time, the conference was held in an AALS hotel and fully cross-listed in the AALS program. The outgoing AALS president and the president elect both opened the conference with welcoming remarks, and a significant number of faculty unaffiliated with the Society attended several of our panels. Participants in the 18th Annual Faculty Conference. Clockwise from top left: Prof. Marah McLeod listening to a presentation, Prof. John Eastman speaking, Prof. John McGinnis asking a question, Prof. Mary Anne Case speaking. The conference included panels on The New Chevron Skeptics, Upward Redistribution, Government Policy, and Rent Seeking, and American Multiculturalism: Its Force and Limits from 1776 to Today. Our annual luncheon debate featured Justin (Gus) Hurwitz (University of Nebraska-Lincoln Law) and Geoffrey Manne (International Center for Law and Economics) facing off against Adam Candeub (Michigan State Law) and James Speta (Northwestern Law) on the resolution, The FCC does not have legal authority to implement net neutrality. Daniel Lyons (Boston College Law School) moderated. For the seventh year, the Conference also served as a forum for competitively selected papers as part of our Young Legal Scholars Paper Competition. Winners Tara Leigh Grove (William and Mary Law), Jeremy Kidd (Mercer Law), coauthors Randy Kozel and Jeffrey Pojanowski (both of Notre Dame Law), Ozan Varol (Lewis & Clark Law), and Ilan Wurman (Winston & Strawn) presented their papers to assembled faculty and received comments from Thomas Lee (Fordham Law) and James Lindgren (Northwestern Law) while Saikrishna Prakash (UVA Law) moderated. Other faculty members, particularly junior faculty, took advantage of four additional panels dedicated to works-in-progress to obtain feedback on their scholarship. The conference was a great success, and the high quality of discussion among panelists highlighted the Society’s continuing commitment to academic rigor and productive debate. Panel video is available at fedsoc.org/events. A N N U A L R E P O R T • 2 0 1 5 29 ALUMNI RELATIONS Members of alumni chapters enjoy a welcome reception on the roof of the Federalist Society’s new office building. The Federalist Society aims to bring together alumni from some of our best student chapters in an effort to connect our members throughout their careers. Our Alumni Relations Division uses our database and nationwide network to connect alumni from various law schools. Over the last year, we have worked to establish leadership within the alumni chapters and tailor events to each chapter’s particular needs. Some chapters have added summer receptions and other alumni events to their calendars throughout the year, which expand on the annual National Lawyers Convention alumni chapter breakfasts that they have been hosting for several years. These events feature alumni speakers and give our student and lawyer members a chance to build relationships with one another, which we hope will foster mentorships in the future. We hope that bringing these alumni together will continue the camaraderie they experienced in our student chapters, and also help our student chapters and their schools by extending the vigorous discussion of ideas. 30 T H E Here is a representative list of some of the many events our alumni chapters hosted throughout the past year: • The University of Chicago Alumni Chapter hosted a spring reception featuring Hon. David McIntosh, President of the Club for Growth, and a summer reception featuring FCC Commissioner Ajit Pai. • Columbia’s Alumni Chapter held an alumni reception following the Columbia Student Chapter’s fall symposium on Government Enforcement in the Financial Sector. • The Georgetown Alumni Chapter hosted a reception for graduating students seeking employment and clerkships at Kirkland & Ellis. The Georgetown Chapter also hosted a reception in October at the University Club in DC. • Harvard’s Alumni Chapter hosted alumni receptions in New York City and Washington, DC over the summer. Reginald Brown spoke at the DC event. The chapter also hosted a fall panel on In House Lawyering; Katie Biber of Thumbtack, Al Lambert of Boeing, and Steve Lehotsky of the U.S. Chamber Litigation Center were featured on the panel. • The Stanford Alumni Chapter hosted an intimate reception in DC. • The Yale Alumni Chapter hosted alumni receptions in New York City and Washington, DC this summer. The DC event featured remarks from Ambassador John Bolton. They also hosted a fall reception during the Yale Alumni Weekend. F E D E R A L I S T Megan Brown, member of the Harvard Alumni Chapter, at the annual summer Supreme Court reception. S O C I E T Y • The University of Virginia Alumni Chapter hosted an alumni panel this • Noah Phillips, who is the Chief Counsel of the U.S. Senate Subcommittee spring alongside its first annual student chapter banquet and BeVier Lecture. on the Constitution and works in the office of Senator John Cornyn, spoke UVA also hosted a summer event with Professor Julia Mahoney. to Stanford Alumni at their National Lawyers Convention meeting. • The Michigan Alumni Chapter hosted Professor Adam Pritchard for its fifth As we look forward to the next year, we will continue to reach out to former annual alumni and student reception at the Metropolitan Club in DC. student chapter presidents and lawyers chapter members to identify people Besides their new meetings that are taking place throughout the year and who are interested in building the alumni networks. After speaking with several around the country, our alumni chapters also continued their tradition of hosting student chapters, we have found that building a Federalist Society alumni alumni get-togethers at the National Lawyers Convention in Washington, network is also going to be a focus for members of our top student chapters. DC. This year, chapters hosted Friday lunches featuring a celebrated alumni as We will also work with current student chapters to re-establish connections with alumni who have not been particularly involved in their local lawyers speakers: chapters. We look forward to continuing this important work in 2016. • Darpana Sheth of the Institute for Justice spoke at the Georgetown Chapter’s meeting during the National Lawyers Convention. • Harvard’s National Lawyers Convention lunch featured an interview with the Attorney General of Arkansas, Lee Rudofsky. • The Yale Alumni Chapter hosted Judge James Buckley at its lunch. • The University of Virginia Alumni Chapter hosted U.S. Attorney James Baehr at the University of Virginia alumni meeting. • The Solicitor General of Texas, Scott Keller, spoke to attendees of the Texas Alumni Chapter meeting about Litigating as the Solicitor General of Texas. • The Chicago chapter’s lunch featured Dan Currell of Norvus Law. • The Michigan Alumni Chapter hosted Christopher Newman, a professor at George Mason University, at their lunch. • Allen Dickerson from the Competitive Enterprise Institute spoke at the NYU Alumni Chapter meeting. • The Columbia chapter hosted Steven Law from American Crossroads for its National Lawyers Convention meeting. • Catholic University of America and Regent University combined their NLC meetings to create a Religiously-Affiliated Alumni Chapter meeting. The meeting featured Professor Mark Rienzi of Catholic University, who spoke about his transition from academia to lawyering. A N N U A L Left: Christopher and Barbara Smith Grieco, both members of the Stanford Alumni Chapter, at the National Lawyers Convention Annual Dinner. Right: Jeffrey and Emily Merki Long, members of the Harvard and Georgetown Alumni Chapters, respectively, at the NLC Annual Dinner. R E P O R T • 2 0 1 5 31 INTERNATIONAL Promoting Exchange on the Rule of Law and Freedom in Europe In 2015, the Federalist Society’s International Division continued to facilitate meaningful discussions about the importance of the rule of law, judicial independence, fundamental freedoms, and the development of a constitutional culture in Europe, and to support civil society organizations in Europe and India that promote these principles. Western Europe: Launching Networks on Law and Liberty The Federalist Society’s Law and Liberty Circle (London) convened six meetings in London to facilitate discussion among British lawyers, academics, law students, and policymakers regarding European Union regulation, the relationship between the European Court of Human Rights and U.K. national courts, and the protection of human rights under U.K. law. Special guests at 2015 meetings included U.S. Supreme Court Justice Antonin Scalia, former U.S. Attorney General Edwin Meese III, two peers from the House of Lords Rt Hon Lord Hunt and Lord Marks, Parliamentary Under Secretary at the U.K. Ministry of Justice Dominic Raab MP, and Member of the European Parliament Nirj Deva. As 2015 marked the 800th anniversary of the signing of Magna Carta, the Federalist Society and its partner group the Freedom Association sponsored nine well-attended debates throughout the U.K. on the continued relevance of the document. In July, the Federalist Society hosted a series of high-level, popular events with U.S. Supreme Court Justice Antonin Scalia in London, including an interview before a packed room of attorneys, law professors, government officials, and Members of Parliament; a special session of the Law and Liberty Circle; and an event at the Old Bailey, a celebrated criminal court in London, at which the Justice answered questions from students and young professionals. In October, on the fringes of the annual Conservative Party Conference, at a Think Tent venue organized by civil society organizations the Institute of Economic Affairs, Business for Britain, and the Taxpayers’ Alliance, the Society sponsored a discussion with Member of the European Parliament Dan Hannan and barrister Martin Howe QC asking, Should Justice be determined by the Magna Carta or the EU? The Society also continued its fruitful collaboration with British think tank Politeia, sponsoring a series with the organization that 32 T H E included a panel discussion about the need for separation of powers, entitled Parliament and Government–an Imbalance of Power? Also, the Society sponsored a conversation on a British Bill of Rights with barrister Jonathan Fisher QC. In October, the Federalist Society supported two debates at the Institute of Distinguished participants in the Federalist Ideas’ Battle of Ideas festival at Society’s European Judicial Network from the London’s Barbican Museum. ECtHR and Constitutional and Supreme Courts in The first debate focused on Central and Eastern Europe gathered during the the proliferation of laws in Network’s third conference in Washington, DC. the U.K., while the second considered the legacy of Magna Carta and the potential replacement of the U.K. Human Rights Act with a British Bill of Rights. In France, the Society continued to cooperate with the Institut de Formation Politique (IFP), a conservative and libertarian training organization in Paris. This cooperation included a Law and Policy Circle training session for young lawyers, law students, and others interested in promoting the rule of law and a celebration dinner for the tenth anniversary of IFP’s founding in September. In Paris, the Federalist Society and the Law and Liberty Circle (France) have successfully engaged law students, including the creation at University Paris 2 Panthéon-Assas law school of a 90-member group that organized events with close to 450 attendees. In 2015, the group organized events on labor law and strikes, federalism, and sovereignty, plus a well-attended event on the right to self-defense at the French National Assembly. The Law and Liberty Circle also launched another student chapter at the University of Strasbourg. Central and Eastern Europe: Supporting Exchanges on Free Society In May, the Federalist Society continued its partnership with the Croatian Centre for the Renewal of Culture by organizing, with generous support from F E D E R A L I S T S O C I E T Y the John Templeton Foundation, the visit of Professor O. Carter Snead of the University of Notre Dame School of Law to Zagreb to speak at events on Core Principles of Western Identity and the law and policy of bioethics in the U.S. In July, again with the support of the John Templeton Foundation, the Federalist Society continued its cooperation with the Constitutional Court of the Republic of Georgia by sending the Society’s Director of International Affairs Jim Kelly and Professor Ozan Varol of Lewis & Clark Law School to teach classes at the Court’s annual Summer School for law students on freedom of expression and freedom of religion, and on models of judicial review. In November, during and following its National Lawyers Convention, the Federalist Society hosted fifteen current judges and one former judge from eleven different European countries for its third European Judicial Network Conference in Washington, DC. Attendees came from national Constitutional Courts and a Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). The first session of the conference, attended by the European jurists, Judge Edith Jones of the Fifth Circuit, and Judge Diarmuid O’Scannlain of the Ninth Circuit, focused on The Nature and Application of the Margin of Appreciation, Evolutive Interpretation, and European Consensus and Freedom of Expression and Media in Central and Eastern Europe. In later sessions, the European judges discussed the importance of publicly promoting the rule of law and landmark court decisions; the legal challenges of “hybrid” warfare propaganda in Eastern Europe; the right of conscientious objection in health care and government administration; and the professional and independence challenges faced by termDean James Huffman of Lewis & Clark Law School, Professor Shruti Rajagopalan of Purchase limited Constitutional Court College-SUNY, and the Federalist Society’s Jim judges. During their visit, the Kelly and Anthony Deardurff traveled to Jindal Global Law School near Delhi to join the inaugural iJustice Law and Liberty Conference. A N N U A L Judges were given a tour of the U.S. Supreme Court and discussed common issues of interest with Justice Samuel Alito, who later hosted them for a reception and dinner at the Court. New Frontiers: Supporting Start-up Legal Networks In September, the International Affairs Division partnered with iJustice, a legal nonprofit organization in India, to support its inaugural Law and Liberty Conference at the Jindal Global Law School, located near Delhi. The purposes of the conference were to introduce a fresh perspective on legal principles among Indian academics and students focused on the rule of law and individual liberty and to facilitate the development of a Federalist Society-type student group at Jindal and beyond. Approximately seventy-five students from law schools throughout India attended sessions on judicial decisions concerning equality; judicial and executive overreach in the economy; competition law policy; individual vs. group rights; and the right to property. With the support of the John Templeton Foundation, the Federalist Society sponsored the participation of Professor James Huffman (Lewis & Clark Law School), Assistant Professor Shruti Rajagopalan (Purchase College-State University of New York), and Federalist Society Director of International Affairs Jim Kelly. Global Governance Watch® The Society continues to use its Global Governance Watch website to monitor and inform readers about the increasing trend toward global governance; the UN’s expanding involvement in the area of economic, social, and cultural rights; the UN’s agenda for the regulation of business and human rights; the influence of EU legal and regulatory expansion on national sovereignty; and the geo-political, security, and privacy impacts of global political Islam. The Road Ahead In 2016, the Federalist Society will continue to provide on-the-ground support to its Law and Liberty networks in Western Europe; continue its highlevel engagement with judges and lawyers from Central and Eastern European Constitutional and Supreme Courts and the ECtHR and CJEU; occasionally support interested civil society organizations outside of Europe; and continue to provide information on developments through Global Governance Watch. R E P O R T • 2 0 1 5 33 DIGITAL MEDIA AND VIDEO The information age has been an unfathomable boon to people in the ideas business, and digital continues to revolutionize the spread of information. Given the unprecedented ability to get reach both large and targeted audiences, we’ve made digital content and marketing efforts an increasing priority. In 2015 we reached more than 15 million unique people through digital media— website, social media, video, and email—and we’re excited to be working in the space to reach, engage, and mobilize our members and core audiences. Overall our digital advertising efforts are creating an astounding return on investment that’s 75% better than industry standard. We vastly improved our short video content—in terms of both quantity and quality. Our videos were watched more than 900,000 times on Facebook & YouTube combined. Three of our most popular videos from last year, based on views and watch time, were: 1. Should a royalty agreement exceed the life of a patent? (Kimble v. Marvel) 2. Trial by formula & class action lawsuits (Tyson Foods, Inc. v. Bouaphakeo) 3. The texting case (Campbell-Ewald v. Gomez) On YouTube our videos were watched more than 279,000 times, and audiences watched 15,439 hours of our videos. To put the hours in perspective: Our audiences watched 643 days worth of our video content in one year through YouTube alone. Our Facebook page, with over 116,000 Likes, reaches over 450,000 people each month. In 2015 we: • Reached over 5 million unique people. • Had our content in front of people 9 million times. • Drove more than 162,000 clicks to our content. Our most popular organic post (with no paid advertising) reached more than 100,000 people, was liked more than 1,200 times, and was shared over 700 times. It happened to be about James Madison and the Bill of Rights. Facebook is also an exciting platform for video. Starting mid-year we uploaded our videos directly to Facebook, reaching 1.7 million unique people 34 T H E F E D E R A L I S T S O C I E T Y and receiving more than 640,000 video views. Twitter is one of our most successful social media platforms. Using our @FedSoc account with more than 25,300 followers, we reach tens of thousands of people, communicate directly with influencers, and engage with members instantly. In 2015 we: • Reached over 9.5 million unique people. Our use of social media at our National Lawyers Convention was quite effective, surpassing last year’s record efforts. This year we: • Reached 3.5 million unique people—500,000 more people than last year. • Had our content in front of people more than 32.2 million times. • Showed our content to people 79 million times. • Trended on Twitter in the DC area during the conference (#FedSoc2015). • Were mentioned or retweeted by SCOTUSblog, C-SPAN, Weekly Standard, Peter Kinder, Katie Pavlich, Larry Kudlow, Instapundit, Pro Publica, and Dan Hannan. In September of 2015 we launched the new FedSoc Blog, which features commentary from an impressive assortment of independent experts drawn primarily from Federalist Society Practice Group executive committees. In only a few months, the blog has become one of the most popular areas of our website, with posts drawing in thousands of new visitors to our website. The blog also serves as the main landing page for our new live streaming programs. In 2015 we broadcast several panels from the National Lawyers Convention, the Executive Branch Review Conference, and the Faculty Conference live on our blog. We’re committed to making FedSoc a digital leader moving forward, and you should look for even more videos, blog posts, live streams, and social media content in 2016. Left: FCC Commissioner Ajit Pai filming a video about net neutrality at the studio in the Federalist Society’s new DC office. Right: Judge Carlos Bea of the Ninth Circuit Court of Appeals filming a video at the 2015 National Lawyers Convention at the Mayflower Hotel. A N N U A L R E P O R T • 2 0 1 5 35 PUBLICATIONS AND BLOG Our publications continue to be a great way to disseminate information to members and anyone who is interested in the issues we cover. We update our members on all the work we are doing in our print magazine, The Federalist Paper, which has an exciting new look drawn from the innovative art on display in our offices. Engage, our online legal journal, continues to be a great source of information on legal developments and analysis of legal issues. Our Practice Group executive committees come up with topics and authors for legal articles, and we edit and publish them. In 2015, we published excellent work on administrative law, environmental law, telecommunications regulation, intellectual property, criminal law, and a host of other subjects. Visit our website at fedsoc.org/ publications to read 2015 articles you may have missed, and look for more great scholarship in 2016. We also publish White Papers, scholarly articles that address important legal issues. You can also find these on our website. Keep up-to-date on new publications by visiting fedsoc.org/publications, and check your mailbox for the latest issue of the Federalist Paper! 36 T H E F E D E R A L I S T S O C I E T Y Enforceability of Non-Disclosure & Non-Competition Covenants Should Business Transactions and Employer-Employee Agreements Be Treated Alike? John S. Baker, Jr., Ph.D. OCTOBER 2015 1776 I St., N.W., Suite 300 Washington, DC 20006 fedsoc.org Top 15 Blog Posts The relaunch of the FedSoc Blog this past fall is big news, and we have been thrilled with the response we have gotten from authors and readers alike. See the list of our top 15 blog posts from the past year (at right), and be sure to add fedsoc. org/blog to your list of daily must-reads. Read for Supreme Court Previews. Read for Legal News. A N N U A L R E P O R T • 2 0 1 5 Supreme Court Preview: Puerto Rico v. Sanchez Valle Justice Scalia and Mismatch A Strong Showing for Evenwel Plaintiffs in One Person One Vote Argument Ruminations on the Rule of Law 2015 NLC Live Blog A Speaker Must Be a Member of the House Supremacy and the Supreme Court Obama’s Gun Rules and the Constitution Supreme Court Preview: Of Fisher II and Paper Tigers Here’s An 18.2% Tax You May Not Even Know About Dollar General v. Mississippi Band of Choctaw Indians Supreme Court Preview: Foster v. Chatman Fed Soc Book Round-Up On Heightening the Contradictions of Grutter v. Bollinger: Thoughts on the Fisher v. UT Oral Argument Transparency in the Intelligence Community 37 DONORS Madison Club Platinum $100,000 or more Anonymous (14) The Lynde & Harry Bradley Foundation Donors Capital Fund Donors Trust E.L. Craig Foundation Google, Inc. Kenneth C. Griffin 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. Microsoft Andrew J. Redleaf The Rosenkranz Foundation Sarah Scaife Foundation Searle Freedom Trust Rex Sinquefield Donald and Paula Smith Family Foundation The Thomas W. Smith Foundation The John Templeton Foundation Ed Uihlein Family Foundation U.S. Chamber of Commerce Madison Club Gold $50,000-$99,999 Anonymous (3) Adolph Coors Foundation The Anschutz Foundation Madison Club Silver $25,000-$49,999 Neomi Rao, Michelle Boardman, William Colwell, and Rachel Brand at the Madison Club reception at the NLC Annual Dinner. 38 ChevronTexaco Corporation George and Kellyanne Conway* Sean Fieler Gibson Dunn & Crutcher LLP C. Boyden Gray* Frank J. Hanna, III Margaret Hill Foundation Knights of Columbus Law Enforcement Legal Defense Fund Ken and Frayda Levy National Constitution Center Jay H. Newman The John William Pope Foundation Raymond and Marilyn Ruddy William E. 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Kennerly Davis, Jr. Martha Dean Justin DeCamp Dechert LLP John Delacourt DePaul University Michael Diaz Dodge Jones Foundation Gregory Dolin Steven and Cara Duffield John Eastman Edgerly Foundation Rebecca Eggleston William J. Emanuel Steven E. Engel Miguel Estrada Jack Etheridge* John Evangelakos Thomas A. Farr Fred F. Fielding Alan Finegold Daniel R. Finley Brian Fish Brian Fitzpatrick Chad and Sarah Flores Benjamin Flowers Margaret Foran David F. Forte Theodore H. Frank George Frazza Michael K. Friedland Sandra Froman 39 Roger and Juliana Geran Pilon, Mary Lee and John Malcolm, and Christopher Gabriel at the Madison Club reception at the NLC. Patrick M. Garry Todd F. Gaziano and Cindy Brown Charles P. Gilliam Benjamin Ginsberg Robert J. Giuffra, Jr. Paul Glenchur John A. Gose Laurel Grammig Michael and Louisa Greve A. Gregory Grimsal Alan Gura Randall and Robin Guynn Christopher JD Haig James Hamilton Herbert Hansen Jeffrey M. Harris Steve Hartung Kyle Hawkins James A. Haynes Allison Hayward Gail Heriot Lois Haight Herrington* 40 Karl Hirshman James and Allyson Ho Mark V. Holmes and Marianne Bizek Andrew Hruska James L. Huffman J.C. Huizenga Thomas G. Hungar John Hurabiell David Hyman Judith Jacobs* Erik Jaffe Christine and Steffen Johnson Albert Jordan Eric Kadel, Jr. David and Alida Kass Manuel and Willette Klausner Roger D. Klein Howard J. Klein Richard D. Klingler Kenneth Kluklowski Robert Knauss Terry Kohler T H E Laura Mary Kotelman Vernon K. Krieble Charitable Foundation William J. Krochalis Jeffrey C. Kubin Eddie LaCour Raymond J. LaJeunesse, Jr. James Lapeyre Kenneth Lee Steven Lehotsky David Leitch The Fred A. Lennon Charitable Trust Steven Leonard Andrew W. Lester* Lloyd Levine Raymond Wm. Leyden, Jr. Liberty Institute Jordan Lorence Rose Ann Lovell John R. Lucas Rob Luther Letty G. Lutzker Brian J. Maas Michael J. Madigan John Maher Nathan Mammen Jeffrey Mateer Steve A. Matthews Randolph J. May Letty McAdams Robert D. 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Mike Lee with Debra and Charles Cooper at the Madison Club reception at the NLC Annual Dinner. • 2 0 1 5 41 INDEPENDENT AUDIT 42 T H E F E D E R A L I S T S O C I E T Y A N N U A L R E P O R T • 2 0 1 5 43 44 T H E F E D E R A L I S T S O C I E T Y INDEPENDENT AUDIT A N N U A L R E P O R T • 2 0 1 5 45 INDEPENDENT AUDIT 46 T H E F E D E R A L I S T S O C I E T Y A N N U A L R E P O R T • 2 0 1 5 47 48 T H E F E D E R A L I S T S O C I E T Y INDEPENDENT AUDIT A N N U A L R E P O R T • 2 0 1 5 49 Gene Meyer, Leonard Leo, and Lee Otis pose with Governors Brownback, Walker, Ricketts, and Deal and Bill Kristol, all of whom spoke at the Annual Dinner at the National Lawyers Convention. 50 T H E F E D E R A L I S T S O C I E T Y OFFICERS AND STAFF DIRECTORS/OFFICERS STAFF Steven G. Calabresi, Chairman President Eugene B. Meyer Senior Vice President Lee Liberman Otis Executive Vice President Leonard A. Leo Faculty Division Lee Liberman Otis, Director Anthony Deardurff, Deputy Director Christopher Goffos, Assistant Director Hon. David M. McIntosh, Vice Chairman Gary Lawson, Secretary Brent O. Hatch, Treasurer T. Kenneth Cribb C. Boyden Gray Leonard A. Leo, Executive Vice President Edwin Meese, III Eugene B. Meyer, President Michael B. Mukasey Lee Liberman Otis, Senior Vice President Prof. Nicholas Quinn Rosenkranz BOARD OF VISITORS Mr. Christopher DeMuth, Co-Chairman Hon. Orrin G. Hatch, Co-Chairman Prof. Lillian BeVier Hon. Elaine L. Chao Mr. George T. Conway 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 Theodore W. Ullyot Hon. Gerald Walpin Student Division Peter Redpath, VP, Director Austin Lipari, Deputy Director Kate Alcantara, Associate Director Jennifer DeMarco, Assistant Director Lawyers Division Maria Marshall, Associate Director Lawyers Chapters Lisa Budzynski Ezell, VP, Director Sarah Landeene, Assistant Director Gianna Burkhardt, Assistant Director Practice Groups Dean Reuter, VP, Director C. William Courtney, Deputy Director Jack Neblett, Assistant Director Timothy Courtney, Assistant Director Caroline Moore, Director of Alumni Relations, Law & Innovation Assistant Conferences Juli Nix, Director International Affairs James P. Kelly, III, Director Paul Zimmerman, Deputy Director Digital Tyler Lowe, Director of Online Education Daniel T. Richards, Digital Strategist Matt Wood, Video & Graphic Specialist Joanmarie Davoli, Digital Education Specialist Finance Douglas C. Ubben, VP, Director Amy Harper, Assistant Director Pro Bono Center Peggy Little, Director Information Technology C. David Smith, VP, Director Membership Peter Bisbee, Director Maureen Collins, Coordinator R E P O R T External Relations Jonathan Bunch, VP, Director Zach Mayo, Deputy Director Administration Publications Katie McClendon, Director A N N U A L Development Cynthia Searcy, VP, Director Alexander Biermann, Assistant Director Anna Wunderlich, Grants Administrator Office Manager Rhonda Moaland • 2 0 1 5 51 52 T H E F E D E R A L I S T S O C I E T Y