2011 Annual Report

The Federalist Society
for Law and Public Policy Studies

“The Courts must declare the
sense of the law; and if they should be
disposed to exercise will instead of JUDGMENT,
the consequences would be the substitution of their
pleasure for that of the legislative body.”

The Federalist 78

 The Federalist Society

L

aw schools and the legal profession are currently strongly dominated by a form
of orthodox liberal ideology which advocates a centralized and uniform society.

While some members of the academic community have dissented from these views, by
and large they are taught simultaneously with (and indeed as if they were) the law.
The Federalist Society for Law and Public Policy Studies is a group of conservatives and
libertarians interested in the current state of the legal order. It is founded on the principles that
the state exists to preserve freedom, that the separation of governmental powers is central to
our Constitution, and that it is emphatically the province and duty of the judiciary to say

what the law is, not what it should be. The Society seeks both to promote an awareness of
these principles and to further their application through its activities.
This entails reordering priorities within the legal system to place a premium on
individual liberty, traditional values, and the rule of law. It also requires restoring the
recognition of the importance of these norms among lawyers, judges, law students
and professors. In working to achieve these goals, the Society has created a conservative
intellectual network that extends to all levels of the legal community.

 Letter from the President
Dear Friends and Supporters:
America is in the middle of a momentous national discussion about the
size and role of the federal government and, correspondingly, about the role
of the regulatory state in that government. The investigation of questions
regarding the government’s size, scope, and regulatory activity is intimately
connected to our mission of promoting the principles of freedom, the
separation of governmental powers, and the rule of law. In consequence,
the country’s increasingly keen sense of the significance of these principles
has been evident in a growing demand for our programming, especially
among those still in law school. In 2010-11 our Student Division had
its most productive year ever, hosting over 1,280 events at law schools
across the country—12.3% more than in the previous year. Attendance at
individual events also increased, indicating that students’ interest in our
programming is stronger than ever.
All the Federalist Society’s formal programs advance and clarify
the rule of law debate in various ways. In November our 2011 National
Lawyers Convention called upon its attendees to consider whether our
Constitution is “The Constitution of Small Government?” Our March
2012 Student Symposium will reflect on “Bureaucracy Unbound: Can
Limited Government and the Administrative State Co-Exist?” These
recent conferences maintain a theme which the Society has addressed
frequently over the past four years. The 2010 National Lawyers Convention,
“Controlling Government: The Framers, the Tea Parties and the
Constitution,” also dealt with the size and scope of government. The 2011
Student Symposium, “Capitalism, Markets, and the Constitution,” involved
a similar examination of regulatory activity, its effects on our economic life,
and the economic system implied by our Constitution. Indeed, much of
our programming over the years has centered on this subject.
In 2011 the Federalist Society focused on the relation between
government and a free society and the role that the law, our courts, and
our judicial system play in preserving and defining that relation. We will
continue this focus in 2012. As always, we seek to foster a civil, energetic,
and issue-oriented debate.

(left to right) U.S. Supreme Court Justice Samuel Alito; Federalist Society Executive Vice
President Leonard Leo; Susan Mukasey; Former Attorney General and Federalist Society
Board Member Michael Mukasey; Federalist Society President Eugene Meyer; Federalist
Society Senior Vice President Lee Liberman Otis; Prof. Steven Calabresi of Northwestern
University Law School, who is Chairman of the Federalist Society Board of Directors; and
former Congressman David McIntosh, who is Vice Chairman of the Federalist Society Board
of Directors, attended the Society’s National Lawyers Convention in Washington, D.C.

If public discussions are any indication, our country is more
preoccupied by these principles now than at any time since its early days.
Although this preoccupation has arisen largely from the current climate
of widespread frustration with the political process, we find it heartening,
because we believe that the principles considered in these discussions are
critical to preserving a free society. It is at times of public stress and distress
that people are driven to contemplate the ideas upon which our republic
stands. We are striving to contribute to this discussion, so that in the end
it will lead to a strengthening of our constitutional republic and of the free
society which that republic has protected for more than two centuries. We
are grateful to many of you for having been part of our efforts, and we look
forward to working with you in the years to come.
Sincerely,
Eugene B. Meyer
President

 Student Division Leaders Break the Records Once Again

D

uring the 2010-2011 school year the members of the Student
Division hosted a record-shattering 1,286 events at law school
campuses across the country. Over 150 of these events attracted
more than 100 attendees, and several attracted 200 or more. The total
number of attendees topped the 75,000 mark. These unprecedented and
unanticipated accomplishments are due to our dedicated chapter leaders,
who work tirelessly to bring high-profile speakers to their campuses for
intellectually stimulating programs. With a Student Chapter at every
accredited law school in the country, the Society is relying more and more
on student volunteers to help plan, organize, and promote events. The
enthusiasm of these volunteers has been a great boon to the Society and,
of course, to their fellow law students, and constitutes one more sign of an
approaching constitutional renaissance.
Today every accredited law school in the country has a Federalist
Society Student Chapter, and we are probably the most active extracurricular
group at the majority of the top 20 law schools, including Harvard, Yale,
Chicago, Stanford, and Columbia: additionally, we have the strongest

The Federalist Society’s Student Division staff and volunteers from law
school chapters across the country gather for a picture during the closing
reception at the 2011 National Lawyers Convention in Washington, D.C.

2

Student Chapters Programs

John Allison, former chairman and CEO of
BB&T Corporation, addressed the students,
scholars, and other attendees of the annual Student Symposium in February 2011 at the University of Virginia on the topic of “The U.S. Financial Crisis: Causes and Consequences” and
also addressed several chapters over the course
of the year on the same topic.

extracurricular groups at close to half of all the accredited law schools.
Despite the time-consuming grind of classes, moot court competitions,
law review deadlines, and demanding course loads, our Student Chapter
leaders spend numerous hours organizing events, advertising on their
campuses and in neighboring communities, and seeking to broaden
participation in the Society’s educational programs.
Without the efforts of these students, many conservative and
libertarian ideas would go unheard on law school campuses. The Student
Chapters help ensure that conservative and libertarian thought receives
a fair hearing at the law schools, where it is frequently neglected. This
in turn enables every law student to acquire some understanding of the
principles underlying American law before beginning a legal career. The
Student Chapters are also pools for identifying and nurturing tomorrow’s
community of citizen-lawyers, and enabling us to encourage them in
community activities. By developing long-term relationships with these
students, relationships that extend their involvement with the Federalist
Society well past graduation, we support these “citizen-lawyers” in their
life-long work of bringing the principles of our programs to bear on the
legal culture. We foster the reemergence of a legal culture that focuses on
2011   FEDERALIST SOCIETY   Annual Report

 the traditional legal principles described in our statement of purpose: the
state exists to preserve freedom; the separation of governmental powers is
central to our Constitution; and it is emphatically the province and duty of
the judiciary to say what the law is, not what it should be.
In 2010-2011 the students’ overwhelming favorite among topics
for discussion was the Affordable Care Act, or “Obamacare.” Nearly 90
separate events centered on discussing the Act, its constitutionality, and the
challenges that it has faced and continues to face in the federal courts. In
April at Boston, Doug Bandow of the Cato Institute debated Ian Millhiser
of the Center for American Progress on the subject, drawing 170 attendees.
In the previous month a Harvard panel on “The Constitutionality of Health
Care Reform” drew 200. The panelists were Professor Randy Barnett of
Georgetown Law and Harvard Profs. Larry Tribe and Charles Fried,
moderated by Harvard Prof. Glenn Cohen. Yale, UVA, Illinois, Kansas,
Michigan, Columbia, Brooklyn, Campbell, California-Hastings, Texas,
and Fordham also held highly successful events on the topic.
Immigration was also widely debated, with over 60 events dedicated
to topics such as Arizona Senate Bill 1070 and proposals to alter the terms
of birthright citizenship. California-Berkeley, Denver, Rutgers-Camden,
Brigham Young, Kansas, Chapman, Columbia, Georgetown, and Ohio
State all drew large crowds for events on the issue.

In March, Prof. David Moore of Brigham Young University Law School
visited the Roger Williams Student Chapter, where he discussed the topic
“Should U.S. Courts Ignore International Law?”

FEDERALIST SOCIETY

Annual Report   2011

Kevin Hasson (left) of the Becket Fund for Religious Liberty and FrancoisHenri Briard (second to left), attorney of the Supreme Court of France, joined
Prof. Steven Calabresi (center) and members of the Northwestern Law School
Student Chapter for a debate on “Banning Burqas” in April.

Several Student Chapters held events on environmental law, paying
special attention to the relation between environmentalism and free market
ideas. Ohio State hosted an environmental law debate with author Tim
Carney and Ohio State Law Prof. Peter Swire, drawing over 120 students,
professors, and guests. Yale, Colorado, Stanford, Berkeley, Columbia,
and Brigham Young also hosted extremely successful environmental law
events, many of which drew in crowds of over 100.
As always, Supreme Court reviews and previews were popular with
the students. Free speech and affirmative action continue to be debated at
schools across the nation. Other topics that drew large crowds this year
included Second Amendment issues, economic liberty, the recent Supreme
Court case Christian Legal Society v. Martinez, and same sex marriage,
especially in light of the litigation over California’s Proposition 8. One
of the most successful events on that topic was held at the University of
Virginia. Jordan Lorence of the Alliance Defense Fund and Gibson Dunn’s
Matt McGill debated Proposition 8 before an audience of 175 students and
faculty. Pepperdine, Syracuse, Northwestern, Arizona, Columbia and
Washington-Saint Louis also hosted large events on the topic.
Over 800 students attended this year’s Student Symposium, “Capitalism,
Markets and the Constitution,” held in February at the University of

Student Chapters Programs

3

 (left to right) Prof. William P. Marshall of University of North Carolina
School of Law and Prof. Jeremy Rabkin of George Mason University School
of Law discussed “The Welfare State and American Exceptionalism” at the
2011 Student Symposium in February.

Virginia. Highlights included a speech on the financial crisis by former
BB&T chairman John Allison, the inaugural “Feddie Awards,” and Justice
Clarence Thomas’ appearance at the banquet. (For more concerning this
event, please see the Student Symposium section on pages 15, 18-20.)
The active involvement of our Student Chapter leaders and members
has created an environment of continual growth and achievement for the
Student Division, and helped to do the same for the Society as a whole.
We hope that all our Student Chapters will continue for many years to do
the work they have done so well: to present to each fresh group of students
those important conservative and libertarian ideas which balance the
liberal orthodoxy that remains prominent in our nation’s law schools.
Some Selected Student Chapter Speakers
•  Hon. John Ashcroft, former Attorney General of the United States
•  John Allison, BB&T Corporation
•  Prof. Randy Barnett, Georgetown Law
•  Justice Marvin Baxter, CA Supreme Court
•  Ambassador John R. Bolton, American Enterprise Institute
4

Student Chapters Programs

•  Francois-Henri Briard, French Attorney of the Supreme Court
•  Judge Janice Rogers Brown, U.S. Court of Appeals, D.C. Circuit
•  Hon. Michael Chertoff, former U.S. Sec. of Homeland Security
•  Hon. Paul Clement, former Solicitor General of the U.S.
•  Hon. Charles Cooper, Cooper & Kirk PLLC
•  Ted Cruz, Morgan Lewis & Bockius, LLP
•  Chief Justice Dan Eismann, Idaho Supreme Court
•  Prof. Richard Epstein, Chicago Law & NYU Law
•  Prof. Noah Feldman, Harvard Law
•  Prof. Martha Field, Harvard Law
•  Hon. Greg Garre, former Solicitor General of the U.S.
•  Prof. Abner Greene, Fordham Law
•  Senator Orrin Hatch, U.S. Senator from Utah
•  Judge Dennis Jacobs, U.S. Court of Appeals, 2nd Circuit
•  Judge Edith Jones, U.S. Court of Appeals, 5th Circuit
•  Judge Brett Kavanaugh, U.S. Court of Appeals, D.C. Circuit
•  Judge Alex Kozinski, U.S. Court of Appeals, 9th Circuit
•  Senator Mike Lee, U.S. Senator from Utah
•  Prof. Jerry Mashaw, Yale Law
•  Hon. Ed Meese III, Heritage Foundation
•  Hon. Michael Mukasey, former Attorney General of the United States
•  William Otis, former White House Special Counsel
•  Justice Antonin Scalia, U.S. Supreme Court
•  Justice Harold See, Alabama Supreme Court
•  Chief Judge David Sentelle, U.S. Court of Appeals, D.C. Circuit
•  Hon. Kenneth Starr, Baylor University
•  Justice David Stras, Minnesota Supreme Court
•  Judge Diane Sykes, U.S. Court of Appeals, 7th Circuit
•  Justice Clarence Thomas, U.S. Supreme Court
•  Prof. Eugene Volokh, UCLA Law
•  Ed Whelan, Ethics & Public Policy Center
•  Prof. John Yoo, Berkeley Law
•  Justice Annette Ziegler, Wisconsin Supreme Court

2011   FEDERALIST SOCIETY   Annual Report

 Another Record Year for Lawyers Chapters

I

n fiscal year 2010-11, the Federalist Society’s 75 Lawyers Chapters
continued their recent success, as measured by the strength of
their leadership, programming, publications, media outreach, and
involvement with the Society’s special projects, including the State Courts
Project. The chapters organized nearly 300 programs and meetings in the
last fiscal year, drawing an audience of over 26,000 lawyers.
The quality of the programming continues to be at the highest level,
reflecting the Society’s strong local leadership. This programming is
critical to growing a nationwide infrastructure of citizen-lawyers who will
engage the policy world. This engagement creates a strong community that
ensures the principles of liberty, the separation of powers, and the rule of
law inform current legal and public policy debates.
The Lawyers Chapters continue to organize programs in a variety
of formats, including speeches, debates, and panel discussions, often in
conjunction with the Practice Groups, the Student Division, and the State

House Majority Leader Eric Cantor (center) visited the
Washington, D.C. Young Lawyers Chapter to discuss the
budget and other matters facing the House.

Courts Project. The programming focuses on topics of both national and
local interest, which in 2010-11 included the constitutionality of health
care reform and Dodd-Frank, the state of the war on terrorism on the
anniversary of 9/11, the jurisprudence of the United States Supreme
Court, labor union issues and proposed collective bargaining reforms,
immigration reform, state judicial selection, and judicial ethics.

Attorney General of Washington Rob McKenna (left) met with Louisville Lawyers Chapter president John K. Bush (right) and spoke
about state challenges to the individual health care mandate in April.

FEDERALIST SOCIETY

Annual Report   2011

Several chapters commemorated their 25th anniversaries, reflecting the
Division’s founding in 1986. The New York City Lawyers Chapter hosted
its anniversary dinner honoring former U.S. Attorney General Michael
Mukasey. He was the fourth recipient of the Chapter’s James Madison
Award, which was offered to him “in appreciation for his distinguished
service to New York and the nation.” The sold-out crowd of over 150
gathered at the New York Yacht Club for the dinner, which featured an
introduction by National Review columnist Andy McCarthy. General
Mukasey offered a significant policy address on the war on terrorism
and the Obama Administration’s foreign policy. The remarks were later
published on the Federalist Society website and in Engage.

Lawyers Chapters Programs

5

 Other chapters hosted widely attended annual dinners, which
attracted leading practitioners, public policy officials, and members of
the judiciary. The Michigan Lawyers Chapter hosted its annual dinner in
April in Dearborn, recognizing Justices Mary Beth Kelly and Brian Zahra,
the state’s two new members of the Michigan Supreme Court; 160 lawyers
attended the event. The Chapter also honored Justice Stephen J. Markman
of the Michigan Supreme Court with its Grano Award, “which is presented
to a Michigander of note who has exhibited a great respect for the rule
of law, a deep appreciation of the separation of powers, and a dedication
to the principle that ours is a government of laws, and not of men.” The
dinner also featured remarks by Michael Gadola, who is the legal counsel
to Michigan Governor Rick Snyder. The Chicago Lawyers Chapter,
celebrating its 25th anniversary, hosted a robust schedule in 2011, one
highlight being a book forum with former Secretary of Defense Donald
Rumsfeld. Secretary Rumsfeld discussed portions of his recent memoir,

particularly those involving the post 9/11 years, before an audience of
over 100 attorneys. The Los Angeles Lawyers Chapter hosted its second
annual dinner, honoring local attorney and long-time Federalist Society
chapter leader Henry Weissman and Judge Sandra Ikuta of the U.S. Court
of Appeals for the Ninth Circuit. The dinner was attended by 130 people,
with six local firms and companies sponsoring tables.
In January the Federalist Society’s California Lawyers Chapters
sponsored the Fifth Annual Western Chapters conference at the Ronald
Reagan Presidential Library. Panels focused on “Current Developments in
Election Law and Litigation” and “California’s Pensions System: Can It Be
Reformed?” Speakers included Professors Hugh Hewitt and Ron Rotunda
of Chapman University Law School; Judge Carlos Bea of the U.S. Court
of Appeals for the Ninth Circuit; Steve Greenhut of the Pacific Research
Institute; and William R. Maurer of the Institute for Justice. Over 200
lawyers and students attended the conference.
The Silicon Valley Lawyers Chapter re-launched with U.S. Supreme
Court Justice Samuel Alito as its initial guest. Over 150 lawyers and students
attended the luncheon, where the Justice gave remarks and answered
audience questions, including one concerning his recent dissent in Snyder
v. Phelps. In May, the St. Louis Lawyers Chapter was also honored to host
Justice Alito, who met with Chapter members at a breakfast meeting. He
spoke briefly before answering questions from the attendees.

(left to right) Memphis Lawyers Chapter president Greg Grisham;
Distinguished Scholar in Residence at Catholic University of
America Law School and Emeritus Professor of Law at LSU
Law School John Baker; and Memphis Lawyers Chapter member Todd Mosley gathered for an event on “The Federalization of
Crime: A Look at the Case of Gibson Guitar and Beyond.”

6

Lawyers Chapters Programs

Many chapters addressed the recently adopted health care reform
legislation, with programs offering a robust debate and discussion of the
constitutionality of the law. Several events featured debates with lawmakers,
candidates, and litigants who are challenging or defending the legislation.
The Florida case challenging the constitutionality of health care reform
was of particular interest at several chapters. Greg Katsas, who is serving
as co-counsel on that case, offered an update on the status of the litigation
in speeches to the Cincinnati, Dallas, Milwaukee, Mississippi, Silicon
Valley, St. Louis, and Tallahassee Lawyers Chapters. Prof. Randy Barnett
of Georgetown, also on the Florida case’s legal team, offered an update on
the case in a speech to the Washington, D.C. Lawyers Chapter. Michael

2011   FEDERALIST SOCIETY   Annual Report

 U.S. Supreme Court Justice Samuel Alito (left), pictured here with
Judge Carlos Bea (right) of the U.S. Court of Appeals and Louise Bea
(center) at the National Lawyers Convention, traveled to Silicon Valley and St. Louis for chapter events in 2011. Judge Bea participated in
a panel at the 5th Annual Western Conference in January.

Carvin of Jones Day, another of the lawyers who argued against the health
care law before the 11th Circuit Court, addressed the case in a speech to the
Pittsburgh Lawyers Chapter. In Richmond, Virginia Attorney General
Ken Cuccinelli discussed Virginia’s challenge to the legislation before a
crowd of over 70 lawyers. Virginia’s Solicitor General, Duncan Getchell,
discussed the Virginia challenge in a speech to the Charlotte Lawyers
Chapter. The Madison Lawyers Chapter hosted a panel discussion on
the topic the week after Wisconsin announced it would join the Florida
lawsuit. Participants included J.B. Van Hollen, the Wisconsin Attorney
General; Prof. Ilya Somin of George Mason University School of Law;
and State Representative Jon Richards, the Ranking Chairperson for
the Assembly Health Committee. Lawyers Chapters in Birmingham,
Cleveland, Colorado, Jacksonville, Lexington, Long Island, Louisville,
Orlando, Philadelphia, Portland, Rochester, Sacramento, and South
Bend, among others, also addressed these issues.
Foreign policy and the tenth anniversary of the September 11 attacks
were among the national security topics addressed by Lawyers Chapters
FEDERALIST SOCIETY

Annual Report   2011

this past year. The Richmond and Miami Lawyers Chapters hosted former
United Nations Ambassador John Bolton, who offered a critique of the
Obama Administration’s foreign policy. The Washington, D.C. Lawyers
Chapter hosted a discussion with former Attorney General Michael
Mukasey and former Congressman Bob Barr on civil liberties and the
war on terror. The Chicago Lawyers Chapter co-hosted a program on the
tenth anniversary of the September 11 attacks with former ACLU President
Nadine Strossen; Prof. John Yoo of Berkeley School of Law; Judges Frank
Easterbrook and Richard Posner of the Court of Appeals for the Seventh
Circuit; and former United States Congressman Bob Barr, among others.
The Miami Lawyers Chapter hosted a roundtable discussion with all of the
former United States attorneys who have served the Southern District of
Florida over the past decade, as well as Michael Caruso, the chief assistant
federal defender, and local lawyer Neal Sonnett. Over 130 attended the
program. The Silicon Valley Lawyers Chapter hosted former Secretary
for Homeland Security Michael Chertoff in a luncheon speech to about
fifty local lawyers and students. Secretary Chertoff offered remarks about
the implications of the recent death of Osama bin Laden and the war on
terrorism. Chief Judge David Sentelle of the U.S. Court of Appeals for the
District of Columbia Circuit spoke on “The Role of Courts in National
Security” in speeches to both the Houston and Triangle Lawyers Chapters.
The Washington, D.C. Lawyers Chapter hosted its annual U.S.
Supreme Court Round-Up in July. This year, Miguel Estrada of Gibson,
Dunn & Crutcher offered the round-up to an audience of several hundred
lawyers and summer associates. Several other Lawyers Chapters also
featured reviews of the 2010-11 Supreme Court Term. The Philadelphia
Lawyers Chapter hosted its annual Supreme Court round-up with former
U.S. Solicitor General Paul Clement of Bancroft Associates. Over 90
lawyers attended the event. The Los Angeles Lawyers Chapter hosted its
annual Supreme Court round-up with former Chapman University School
of Law Dean John Eastman and Dean Erwin Chemerinsky of UC Irvine.
Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit
moderated the discussion. The Houston Lawyers Chapter hosted a panel
with Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit,
Justice William J. Boyce of the 14th Court of Appeals of Texas, Edward C.

Lawyers Chapters Programs

7

 Dawson of Yetter Coleman LLP, and Prof. Charles W. “Rocky” Rhodes
of South Texas College of Law. Over 70 lawyers attended the event. The
Chapter announced that their annual round-up would be named in honor
of tragically deceased appellate lawyer Gregory Coleman, who served as
a Chapter officer in the 1990s and was a frequent guest speaker on the
Supreme Court’s jurisprudence. Lawyers Chapters in Atlanta, Austin,
Birmingham, Columbus, Greenville, Indianapolis, Los Angeles,
Nashville, and Winston Salem, amongst others, hosted similar roundups. Judicial ethics were also explored, notably in a speech hosted by
the San Francisco Lawyers Chapter, in which Senior Judge Laurence
Silberman of the U.S. Court of Appeals for the District of Columbia
discussed “phony concerns and real concerns” about judicial ethics in
remarks to the Chapter.
Several chapters addressed the debates regarding labor unions and
collective bargaining reform that were rife in the Midwest in 2011. The
Madison Lawyers Chapter hosted a discussion with Wisconsin Deputy
Attorney General Kevin St. John, Prof. Edward Fallone of Marquette Law
School, and former Wisconsin Supreme Court Justice Jon P. Wilco on “The
Wisconsin Supreme Court’s Decision Upholding Act 10—Gov. Walker’s
Collective Bargaining Bill.” The Chicago Lawyers Chapter co-hosted a
discussion with Tammy McCutchen, the former Administrator of the U.S.
Department of Labor’s Wage and Hour Division; Prof. John McGinnis of
Northwestern University; Stephen Yokich of Cornfield and Feldman; and
Prof. Martin Malin, Chicago-Kent IIT. The Philadelphia Lawyers Chapter
hosted Ray LaJeunesse of the National Right to Work Legal Defense
Foundation on the question “Public-Sector Unionism: Does It Need to
Be Curbed?” The Columbus Lawyers Chapter hosted a debate between
Gary Greenburg, a management-side labor counsel, and Stephen Lazarus,
a union-side labor counsel, on Ohio’s “Senate Bill 5 and Issue 2: Legal and
Policy Implications.” The measure, on the November 2011 ballot, sought
to repeal legislation that limited collective bargaining for public employees
in the state. The Greenville Lawyers Chapter hosted Hans von Spakovsky
of The Heritage Foundation, who addressed the National Labor Relations
Board’s then-pending lawsuit against Boeing, which sought to open an
aircraft production plant in South Carolina rather than Washington State.
8

Lawyers Chapters Programs

In June, the Boston Lawyers Chapter hosted its annual “Shakespeare
and the Law” program. This year readings from The Merchant of Venice
were followed by a discussion on some of the legal issues that arise in the
play, including contract law, equity, justice, and judicial philosophy. All
of the performers were members of the Massachusetts state and federal
judiciary, including U.S. District Court Judges Nathaniel Gorton, Rya
W. Zobel, and George A. O’Toole, Jr.; Massachusetts Supreme Judicial
Court Justice Barbara Lenk; Massachusetts Appeals Court Judges
Andrew Grainger, Sydney Hanlon, James F. McHugh, Scott Kafker, Peter
J. Rubin, and Gabrielle Wolohojian; and Massachusetts Superior Court
Justices Carol S. Ball, Judith Fabricant, Linda Giles, Leila Kern, and
Frances McIntyre. Recently retired Massachusetts court judges were also
honored at the program. Over 400 lawyers, students, and members of the
community attended the event.
Looking back to the Federalist Society’s founding by young
lawyers, the Society’s Lawyers Division has renewed its outreach to a
new generation of young lawyers. This includes establishing new young

Dr. Arthur C. Brooks, president of the American Enterprise Institute, spoke
on “The Moral Foundations of Capitalism” at the December 2011 Luncheon
hosted by the Washington, D.C. Lawyers Chapter.

2011   FEDERALIST SOCIETY   Annual Report

 lawyers divisions of some of the major chapters, as well as continued
outreach to student chapters and recent graduates. The first young lawyers
chapter was launched in Washington, D.C. in November 2010, on the
eve of the National Lawyer’s Convention. Virginia Attorney General
Kenneth Cuccinelli was the guest speaker for the Chapter’s launch, which
attracted over 100 attendees. In 2011, the Chapter hosted several sold-out
events, featuring Rachel Brand of the U.S. Chamber of Commerce, House
Majority Leader Eric Cantor, FCC Commissioner Robert McDowell, and
Congressman Justin Amash.
Some Selected Lawyers Chapter Speakers
•  Justice Samuel Alito, United States Supreme Court
•  John Allison, BB&T Corporation
•  Prof. Randy E. Barnett, Georgetown University Law Center
•  Michael Barone, The Examiner
•  Bob Barr, former United States Congressman
•  Judge Carlos Bea, U.S. Court of Appeals, Ninth Circuit
•  John Bolton, former United States Ambassador to the United Nations
•  Dean Erwin Chermerinsky, University of California, Irvine
•  Michael Chertoff, Covington & Burling and the Chertoff Group
•  Paul Clement, King & Spalding and former United States Solicitor
General
•  Kenneth Cuccinelli, Attorney General, Virginia
•  Senator Jim DeMint, U.S. Senator from South Carolina
•  Prof. Richard Epstein, Chicago Law & NYU Law
•  Miguel Estrada, Gibson Dunn & Crutcher
• Prof. Richard W. Garnett, Associate Dean & Professor of Law, Notre
Dame Law School
•  Judge Douglas H. Ginsburg, U.S. Court of Appeals, D.C. Circuit
•  C. Boyden Gray, Gray & Associates and former Ambassador, EU
•  Senator Jon Kyl, U.S. Senator from Arizona
•  Daniel Mach, Director, ACLU Program on Freedom of Religion and
Belief
•  Rob McKenna, Washington Attorney General
•  Michael Mukasey, former United States Attorney General
FEDERALIST SOCIETY

Annual Report   2011

Prof. John C. Eastman of Chapman University School of Law, who chairs
the Federalism and Separation of Powers Practice Group Executive
Committee, participated in the Los Angeles Lawyers Chapter’s annual
Supreme Court round-up with Dean Erwin Chemerinsky of UC Irvine.
He also moderated a discussion of the “Continuity of Presidential War
Powers” at the National Lawyers Convention.

•  Sam Olens, Georgia Attorney General
•  Judge William Pryor, U.S. Court of Appeals, 11th Circuit
•  Donald Rumsfeld, former Secretary, Department of Defense
•  Chief Judge David Sentelle, U.S. Court of Appeals, D.C. Circuit
•  Judge Laurence Silberman, Senior Judge, U.S. Court of Appeals, D.C.
Circuit
•  Neal Sonnett, Miami Attorney
•  Seth Stern, Author, Justice Brennan: Liberal Champion
•  Prof. Nadine Strossen, New York Law School
•  Senator Pat Toomey, U.S. Senator from Utah
•  J.B. Van Hollen, Wisconsin Attorney General
•  Ben Wizner, Litigation Director, ACLU National Security Project
•  Professor John Yoo, Berkeley School of Law

Lawyers Chapters Programs

9

 Faculty Division Increases
Programming and Participation

course of two days, an assigned
faculty commentator will give
feedback on each paper, followed
by a group discussion. Besides
helping junior scholars sharpen
their oral presentation skills and
improve their legal scholarship,
these colloquia will increase their
chances of recognition within
the academic community and
ultimately obtain better placement
for their published work.

T

he American legal academy is a key determinant of lawyers’ views
of the role of law in this country and beyond. Less directly but still
significantly, it shapes public opinion on the law. The Federalist
Society’s Faculty Division seeks to encourage examination of the character
of law and to enhance legal understanding in the academic and civil
communities. The Division’s programs are designed to foster academic
dialogue on the nature of the Constitution, the separation of powers, and
the importance of property rights and free markets to a successful society.

During 2011 the Division, marking its fourth year as a full-fledged
branch of the Society, continued to expand its programming as increasing
numbers of faculty took advantage of its colloquia, fellowships, and
professional development opportunities. The Division increased the
number of its annual colloquia to eight, and developed a number of
new programs. This programming
represents a substantial increase in
Division activities.

Junior Faculty Workshops

The expanded programming
includes fresh opportunities, made
possible through the generosity of
the Searle Freedom Trust, for young
faculty members to improve and gain
recognition for their scholarship.

Junior Faculty Workshops
are intended to provide a less
formal structured environment in
which six or seven junior faculty
members from geographically
proximate schools gather to spend a day workshopping each others’
papers.  The breadth of the workshops’ topical focus is determined by the
organizer’s preference, but the attendees must consist primarily of junior
tenure track faculty.  At each workshop the junior faculty member who
has assumed organizational responsibility receives a small budget to cover
facilities and a group meal. The Division recently approved proposals
from faculty at George Mason and Saint Louis Universities for workshops
focused on election law, constitutional and administrative law, and the
meaning of the Constitution’s religion clauses.

Junior Scholars Colloquium

Book Events

The Division’s inaugural Junior
Scholars Colloquium in June 2012
will allow nine “junior scholars”
(aspiring academics and faculty who
have taught not more than seven
years) to present unpublished papers
for critique by senior faculty.  Over the

The Division is also conducting a number of programs focused on
books, with the goal of drawing greater attention to publications by its
faculty members. The programs include three live events in Washington,
in which the author presents key points from his or her book, receives
critical commentary, and fields questions. The other programs are
podcasts, with the author providing an overview of his or her book,
followed by a commentator’s review.

New Opportunities for Faculty

10

Faculty Programs

Prof. Joan Larsen of University of Michigan Law School participated in the Law
& Liberty colloquium in Dallas on “International Law, Foreign Law, and the
United States Constitution” in October.

(left to right) Prof. Michael D. Ramsey of
University of San Diego School of Law and
Prof. John O. McGinnis of Northwestern
University School of Law attended the 2011
National Lawyers Convention.

2011   FEDERALIST SOCIETY   Annual Report

 Colloquia: Fostering the Exchange of Ideas
Three years ago, the Faculty Division launched a series of colloquia for
law professors, legal professionals, and individuals with strong scholarly
promise to debate enduring legal questions and discuss current legal events.
The participants hail from a broad variety of law schools and represent
multiple viewpoints and stages on the academic career path. In addition
to improving the scope and terms of the legal debate within academia, the
colloquia allow participants to forge professional relationships and expand
their acquaintance with competing legal theories within a community of
scholars.
This year marks the second anniversary of the Division’s colloquia
co-sponsorship with Liberty Fund. Liberty Fund has long hosted events of
this sort, and their conferences addressing classic economic and political
questions helped inspire the Division’s co-sponsored “Law and Liberty”
colloquia. Now in its second iteration, this series has been expanded to
comprise seven colloquia per year. The May 2011 through May 2012
colloquia are:
• “Liberty and Constitutional Jurisprudence,” Minneapolis, Minnesota;
June 3-4, 2011. In this colloquium, faculty and aspiring academics
discussed existing originalist theory and assessed a new defense of
originalism presented in a forthcoming Harvard University Press book
by Northwestern University School of Law Prof. John McGinnis and
Prof. Michael Rappaport of the University of San Diego School of Law.
• “Natural Law and Property Rights in American Private Law,” Denver,
Colorado; August 12-13, 2011. In this colloquium, faculty and aspiring
academics considered natural law and law and economics justifications
for property rights, and whether natural law theories work for or against
intellectual property.
• “The Federalists, the Anti-Federalists, and the Constitution They Created,”
Charlotte, North Carolina; September 9-10, 2011. This practitioneroriented colloquium weighed the arguments of the Federalists and the
Anti-Federalists regarding the Constitution of 1789 and the extent to
which the hopes and fears of each group have proven ill-founded or
prescient.
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Annual Report   2011

A group of practitioners and other members of the Federalist Society gathered
to discuss “The Federalists, the Anti-Federalists, and the Constitution They
Created” at a September “Law and Liberty” colloquium in Charlotte.

• “International Law, Foreign Law, and the United States Constitution,”
Dallas, Texas; October 21-22, 2011. This colloquium for faculty and
aspiring academics examined the standing of international and foreign
law under the U.S. Constitution.
• “Liberty, Responsibility, and the Legal Profession,” Marina del Rey,
California; February 10-11, 2012. This practitioner-oriented colloquium
considered the evolution of American legal practice, and discussed
which approaches to legal practice seem most conducive to sustaining a
society of free and responsible individuals.
• “Hayek on Law, Legislation, and Liberty,” Atlanta, Georgia; March 9-10,
2012. In this colloquium, faculty and aspiring academics assessed crucial
themes in the work of Friedrich A. Hayek: law, liberty, justice, and the
relationships between desirable social and economic order.
• “Constitutional Economics,” La Jolla, California; March 23-24, 2012.
This colloquium for faculty and aspiring academics discussed the role
of economic liberty in the creation and design of the United States
Constitution, and in modern constitutional law.

Faculty Programs

11

 In addition, the Faculty Division hosted a separate private laworiented colloquium in the spring of 2011, and plans to do so again in
2012. The 2011 colloquium, “The Corporate Criminal,” was held in
Warrenton, Virginia on April 29-30. It discussed the nature of corporate
liability, the kind of justice it produces, and the pragmatic forms liability
takes given the “federalization” of criminal law.
Assistance for Aspiring Scholars
The road to the legal academy is a challenging one. Success generally
requires the publication of scholarly papers, but with the financial
pressures of school debt and the demands of practice, law graduates are
pressed for time to write and research. The market for law professors
has also been contracting in recent years, as the economy decreases the
demand for lawyers, and law schools, facing external criticism, examine
themselves concerning their standards for preparing students for practice.
The Faculty Division’s fellowships respond to these challenges by creating
a transitional period during which aspiring academics can affiliate with
a top law school and focus full-time on producing quality scholarship,
making them stronger contenders in the extraordinarily competitive
academic market.
Olin/Searle/Smith and Information Society Project Fellowships
The Faculty Division offers Olin/Searle/Smith Fellowships to law
school graduates interested in pursuing a career in legal academia. These
one-year fellowships provide a $50,000 stipend to graduates with strong
academic qualifications who are expected to contribute to intellectual
diversity in the legal academy. Many past recipients earned tenure
track positions at top law schools, including Harvard, Northwestern,
Georgetown, Notre Dame, and Missouri. This year’s recipients were
Michael Kenneally (Harvard), John Ohlendorf (Northwestern), and James
Stern (Virginia). The Division also received a special fellowship-creating
grant for Rebecca Bolin, a prosecutor whose work focuses on technologyrelated crimes. She will pursue her fellowship with Yale’s Information
Society Project.

12

Faculty Programs

Job Talk Workshop
This past June the Division hosted its fourth annual Job Talk Workshop
in Chicago. Nine candidates for fall 2011 academic jobs participated as
presenters, and 14 future candidates (including the Division’s current
Olin/Searle/Smith Fellows) came to observe. Each 2011 candidate had
the opportunity to present his or her job talk before a panel of faculty
commentators. Presenters received substantive and stylistic feedback
on their talks, participated in mock AALS interviews, and received
individualized resume critiques.
Cooperative Activities with Other Law Professors Associations
In order to increase general awareness of the Faculty Division among
law professors and make more potentially interested faculty specifically
aware of the Division’s resources and activities, the Division participates in a
variety of events hosted by other academic organizations. In the past year, the
Division hosted its fifth reception at the annual meeting of the Southeastern
Association of Law
Schools in Hilton Head
Island, South Carolina in
The Faculty Division and
Practice Groups co-hosted
a preview of the upcoming
Supreme Court Term at the
National Press Club in September. (top) (left to right)
Moderator Jan Crawford of
CBS News, Thomas Hungar of
Gibson Dunn & Crutcher LLP,
Prof. Adam Mossoff of George
Mason University School of
Law, and Elizabeth Papez
of Winston & Strawn. (bottom) (left to right) Prof. Mark
Rienzi of Catholic University
of America School of Law, Michael Carvin of Jones Day, and
Prof. Neal Katyal of Georgetown University Law Center.

2011   FEDERALIST SOCIETY   Annual Report

 July, and held its third reception at the annual meeting of the Association
of Law and Economics at Columbia Law School in New York City in
May. The Division also co-sponsored its Faculty Conference lunch debate
with the American Society of International Law (ASIL). The debate was
moderated by ASIL Executive Director Elizabeth Andersen.
The Division is also creating a new faculty brochure to reflect changes
in programming over the past year. The new brochure will be distributed
to all faculty listed in the 2011-2012 AALS Bulletin for fall 2012.
Online Programming
Working with the Practice Groups, the Division has continued to
produce original web-based programming that draws on academic and

T

Alumni Effort

he Federalist Society has taken significant steps in starting alumni
chapters associated with different law schools. The goal is to
create chapters that run themselves largely autonomously with the
Federalist Society’s financial and other support.

At this year’s National Lawyers Convention in November, the
Federalist Society hosted separate well-attended breakfasts for alumni
from Catholic, Chicago, Columbia, Georgetown, Harvard, Michigan,
NYU, Stanford, Virginia, and Yale. The breakfasts were hosted by alumni
representatives from each school. In most cases, both a faculty member
and a current student delivered remarks about the current situation at
the school. Guest speakers included the Honorable Brett Kavanaugh, the
Honorable Loretta Preska, and Professors Randy Barnett (Georgetown)
and Michael McConnell (Stanford).
Below is a list of additional alumni events from throughout the year:
•  In February, at the National Student Symposium at the University of
Virginia, the law school’s alumni chapter hosted a lunch for approximately
50 attendees.
•  The University of Virginia alumni chapter hosted receptions in March
and June. During the first reception, at the home of Assistant United
States Attorney Kevin McFadden, Ronald Tenpas, co-chair of Morgan
FEDERALIST SOCIETY

Annual Report   2011

practitioner expertise. This programming, which can be found online at
http://www.fed-soc.org/publications/, informs the public and the media
and raises faculty members’ profiles.
The Division’s online flagship program is SCOTUScast, a series of
podcasts designed to educate the general public through expert commentary
on U.S. Supreme Court cases as they are argued and issued. As noted above,
SCOTUScast will shortly be joined by a new series of podcasts highlighting
faculty members’ books. The Division also holds regular press calls with
faculty and practitioner experts who analyze the upcoming Supreme
Court cases; and, in collaboration with the Practice Groups, the Division
organizes an annual Supreme Court Preview Panel at the National Press
Club, which is recorded and made available online. Finally, the Division
periodically posts audio and/or video recordings of notable faculty events,
such as the panels from the annual Faculty Conference (see page 21).
Lewis’s Environmental and Climate
Change Practices, spoke about climate
change to a group of 35 to 40 alumni. The
chapter hosted the second reception on
the rooftop of Jones Day in Washington,
D.C.
•  In April, distinguished attorney Gerald
Walpin hosted a well-attended Yale Law
School alumni cocktail party at his home
in New York City.
•  In June, the Stanford alumni chapter
hosted a dinner with Professor Michael Prof. Michael McConnell helped
boost the Alumni chapter effort
McConnell.

by participating in a dinner event

Moving forward, the alumni initiative hosted by the Stanford Chapter.
will play a more active role in finding and
developing chapter leadership, together with giving them the support
they need. With the hiring of Justin Shubow in a permanent position with
responsibilities partially focused on these chapters, we expect the Alumni
chapters to develop more rapidly. The interest is definitely there, and we
have identified enthusiastic leaders at many law schools.

Alumni Programs

13

 A Big Convention
Looks Toward a Small Government

the Hon. Jeff Sessions, junior U.S. Senator for Alabama. Florida junior
Senator Marco Rubio spoke later in the same day. Friday featured an
address by the Hon. Michael Lee, the junior U.S. Senator from Utah.
The highlight of the Convention as always was the Annual Dinner,
held this year on Thursday, November 10 at the Omni Shoreham Hotel,
and attended by nearly 1,300 guests. The Dinner was a celebration of
service for U.S. Supreme Court Justices Antonin Scalia and Clarence
Thomas, each of whom celebrated a judicial anniversary this year
in serving on the High Court. The Justices both spoke briefly at the
conclusion of the evening.

U.S. Supreme Court Justice Antonin Scalia spoke at the Federalist Society’s
Annual Dinner at the 2011 National Lawyers Convention in November.

Friday night was the occasion for the 11th annual Barbara K. Olson
Memorial Lecture. This year the lecturer was the Hon. Michael B.
Mukasey, the former 81st U.S. Attorney General who is now a partner at
Debevoise & Plimpton LLP. General Mukasey drew on his experiences
in the federal government to give his audience an intense and gripping
account of specific terrorist attempts against the United States.

T

he Federalist Society’s 2011 National Lawyers Convention,
“The Constitution of Small Government?”, was held Thursday,
November 10 through Saturday, November 12 at the Mayflower
Hotel in Washington, D.C. With the approaching 2012 elections and
growing nationwide debate regarding the size of government, the
Convention’s topical theme aroused a great deal of interest and led to the
largest number of attendees in Federalist Society history.
The Convention’s prominent speakers explored the theme through
a variety of forums, including four showcase panels focused directly on
the burgeoning scale and powers of the Federal Government: “Too Big
to Fail,” “Political Philosophy and Classical Liberalism,” “Term Limits,
Entitlement Reform, and Random Assignment of Members of Congress
to Committees,” and “A Federal Sunset Law.”
In addition to debates and panel discussions, the Convention’s
roster of events included speeches by several distinguished members of
Congress. The Convention opened on Thursday with an address given by

14

National Conferences

Hon. David M. McIntosh (left), Vice Chairman of the Federalist
Society Board of Directors, spoke with U.S. Senator Jeff Sessions
(right) of Alabama at the National Lawyers Convention.

2011   FEDERALIST SOCIETY   Annual Report

 The following afternoon, Convention attendees met in a packed
ballroom for the Society’s Fourth Annual Rosenkranz Debate and
Luncheon. The debate resolution, “Congress Acted Within Its Authority
in Enacting the Patient Protection and Affordable Care Act,” was defended
by Prof. Laurence H. Tribe, the Carl M. Loeb University Professor
at Harvard Law School, and opposed by the Hon. Paul D. Clement, a
partner at Bancroft PLLC and a former U.S. Solicitor General. (Mr.
Clement is currently involved in the litigation that concerns the Act.)
The debate was moderated by Georgetown University Law Center Prof.
Nicholas Quinn Rosenkranz. The animation Prof. Tribe and Mr. Clement
displayed in debating the Act was equaled—and in fact surpassed—by the
audience’s keen and palpable interest in the subject. Indeed, barring time
constraints, the Q&A would have stretched well into the afternoon and
involved dozens more debaters than the forum was designed to include.
Saturday evening offered two final events for the Convention
attendees: an address by National Review’s Senior Editor Mr. Richard
Brookhiser, author of James Madison, and a recognition of Executive Vice
President Leonard A. Leo’s 20 years with the Federalist Society, which
was attended by General Mukasey and Justice Scalia.
Taken as a whole, the events of the Convention, the debates,
discussions, and speeches, served as an important reminder of why the
Constitution’s provisions are so important. The structural constraints of
the Constitution on government power, federalism, enumerated powers,
and careful separation of powers preserve freedom and allow the citizenry
to flourish. It is a small government that the Constitution provides.

T

(above) (left to right) Hon. Paul D. Clement of Bancroft PLLC, Prof.
Nicholas Quinn Rosenkranz of Georgetown University Law Center
and of the Federalist Society Board of Visitors, and Prof. Laurence
H. Tribe of Harvard Law School, participated in the Fourth Annual
Rosenkranz Debate on the health care individual mandate. (below)
(left to right) Whitebox Advisors founder and CEO and Federalist
Society Board of Visitors member Andrew J. Redleaf, Prof. Steven
G. Calabresi of Northwestern University Law School and of the
Federalist Society Board of Directors, and Prof. Randy Barnett of
Georgetown University Law Center lined up to ask their questions
at the Rosenkranz Debate.

Student Symposium Examines Individual
and Economic Liberty

hose familiar with the Federalist Society will agree that Student
Chapters are the key to the Society’s success and the primary
mechanism for introducing ideas into the law school environment. 
They help ensure that conservative and libertarian viewpoints receive a
fair hearing in law schools, where they are frequently neglected. This
introduction of neglected ideas makes it possible for all law students to
have some understanding of the principles underlying American law
before they begin their legal careers.

FEDERALIST SOCIETY

Annual Report   2011

National Conferences

15

 201 1 National Lawyers Convention

 

 

If the Student Chapters are the key to the Federalist Society, the
Student Symposium is the annual high point of the Student Chapters’
year.  Each February, with the help of the Society’s national office, a local
Student Chapter organizes a two-day conference on some significant rule
of law subject.  Over the years the Symposiums have become some of the
Society’s most anticipated and well-attended events, second only to the
National Lawyers Convention in their influence and the attention that
they generate.  These Symposiums provide debates and discussions on a
scale and extent that many of the individual student chapters, particularly
the smaller and newer ones, cannot replicate on their own.
The 30th annual Student Symposium was held on February 25-26,
2011 at the University of Virginia School of Law. It was a huge success,
attended by 800 law students—a sharp increase over the previous year.
The Symposium led its attendees on a lively intellectual exploration of
“Capitalism, Markets, and the Constitution,” investigating the link between
individual and economic liberty, and the relations among the Constitution,
the markets, and the courts.

Prof. Lillian BeVier of University of Virginia School
of Law and of the Federalist Society Board of Visitors
opened the 2011 Student Symposium.

The topic was a timely one, as the enthusiasm generated by the
Symposium suggests.  As the Student Symposium Committee reflected,
“America’s economy, characterized by capitalism and the free market, has
generally provided material prosperity for its citizens since the country
was founded. In the last few years, however, that same economy has
faced a financial crisis and recession worse than any other since the Great
Depression. … With the state of the economy at a historic low and the
popularity of the Constitution at a historic high, now is an apt time to
examine the topic of capitalism, markets and the Constitution.”

U.S. Supreme Court Justice Clarence Thomas congratulated the Columbia Student
Chapter after it won the James Madison Award for Chapter of the Year at the 2011
Student Symposium in February at the University of Virginia.

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The Symposium opened Friday night with a speech by Federalist
Society Board of Visitors Member Prof. Lillian Bevier of the University
of Virginia School of Law.  Prof. Bevier reminded her audience that the
Federalist Society has not always been a part of the legal landscape; in the
beginning, its future seemed doubtful.  She identified two elements that
have been crucial to the Society’s growth over the years, and that remain
essential to its survival and thriving today: the power of its principles, and
2011   FEDERALIST SOCIETY   Annual Report

 its unique method of providing a forum for civilized debate that centers
on ideas rather than persons.
Prof. Bevier’s speech was followed by a spirited debate on “Economic
Freedoms and the Constitution” sponsored by the John Templeton
Foundation.  The speakers, Prof. Randy Barnett of Georgetown University
Law Center and Prof. Jeffrey Rosen of The George Washington University
Law School attempted to answer the key question posed by the moderator,
Judge Debra Ann Livingston of the Second Circuit U.S. Court of Appeals:
Does the Constitution protect economic liberties (i.e., the rights to acquire,
use, and possess property and to enter into contract), and is it desirable for
a constitution to do so?
Friday evening concluded with a panel on “Economic Theory, Civic
Virtue and the Meaning of the Constitution.”   Moderated by Judge J.
Harvie Wilkinson III of the Fourth Circuit U.S. Court of Appeals, the four
speakers—Prof. G. Edward White of the University of Virginia School of
Law, Prof. Renee Lerner of the George Washington University Law School,
Prof. James Ely of Vanderbilt University Law School, and George Mason
University School of Law Prof. Nelson Lund—sought to define the tie that
binds the Constitution’s seemingly eclectic economic provisions.
Saturday morning began with the second Symposium panel,
“Federalism and Interstate Competition.”  The moderator, the Hon.
Gregory G. Katsas, began by outlining the theory of federalism as interstate
competition, and asked three questions of the panelists: Is this analogy a
good one, is it what the Framers had in mind, and what are the weaknesses
of interstate competition?  The panel speakers were Case Western Reserve
University School of Law Prof. Jonathan Adler, Prof. Clayton Gillette
of the New York University School of Law, Prof. John McGinnis of the
Northwestern University School of Law, and Prof. Louis Michael Seidman
of Georgetown University Law Center.
Following the panel, John Allison, former chairman and CEO of
BB&T Corporation, spoke about “The U.S. Financial Crisis: Causes and
Consequences.”  According to his account, the crisis was caused primarily
by government policies, beginning with the government’s encouragement
of subprime lending, a policy decision which was brought about by the
FEDERALIST SOCIETY

Annual Report   2011

Prof. Brian T. Fitzpatrick of Vanderbilt Law School was awarded the
Paul M. Bator Award and spoke on the topic “Preparing to Become a
Law Professor” at the 2011 Student Symposium.

belief that affordable housing—a good that actually exists by virtue of the
labor of human beings—is a right.  Mr. Allison went on to assert that the
solution to our social problems must lie in the actions of moral individuals. 
At the conclusion of his speech, the students gave him a standing ovation.
The penultimate panel of the Symposium dealt with “The Welfare State
and American Exceptionalism.”  The panelists, George Mason University
School of Law Profs. Jeremy Rabkin and Neomi Rao, and Prof. William
Marshall of the University of North Carolina School of Law, discussed the
relationship between religion, individualism, personal responsibility, and
human rights, moderated by Judge Brett Kavanaugh of the U.S. Court of
Appeals for the D.C. Circuit.
The final panel of the Symposium, moderated by Judge Diane Sykes
of the U.S. Court of Appeals for the Seventh Circuit, dealt with “Economic
Uncertainty and the Role of the Courts.”  The panelists, Prof. Paul Stephan
and Dean Paul G. Mahoney of the University of Virginia and George
Mason University School of Law Prof. Todd Zywicki, explored the relative
advisability of judicial intervention and restraint regarding property rights.

National Conferences

19

 The Symposium closed with a reception and Banquet at The Boar’s
Head. This year’s Banquet included the inaugural presentation of the
“Feddies,” Oscar-style awards given to Student Chapters who have
demonstrated exceptional leadership and achievements in the course of the
year.  The five awards, which have generated interest in the Society and made
a huge impact on campuses, are the James Madison Award for Chapter of
the Year, the Alexander Hamilton Award for Most Improved Chapter, the
Samuel Adams Award for Membership Growth, the Thomas Paine Award
for Creative Publicity, and the Benjamin Franklin Spring Breakout Award.
Each of the nominees and winners deserves recognition and appreciation
for the efforts they made in improving the conservative legal debate on
their campus.  The nominees for 2011 were  Northwestern, Yale, Columbia,
The Ohio State, and Chicago for the James Madison Award; Catholic, The
Ohio State, Western New England, Rutgers-Newark, and Wyoming for
the Alexander Hamilton Award; Virginia, BYU, Inter-American, Harvard,
and Oregon for the Samuel Adams Award; Florida International, Idaho,
North Carolina, Berkeley, and Houston for the Thomas Paine Award;
Boston College, UC-Davis, Stanford, Tulane, and Washington & Lee for the
Benjamin Franklin Award.

Deciding which chapters would receive the Feddie awards proved
extremely difficult, as this has been one of the Student Division’s most
successful years, with many chapters contributing to that success. The
eventual winners of the first four Feddies were Columbia School of Law
for the James Madison Chapter of the Year, Rutgers-Newark for the
Alexander Hamilton Most Improved Chapter, Berkeley for the Thomas
Paine Award for Creative Publicity, and BYU for the Samuel Adams
Award for Membership Growth. The chapter attendees from Feddie
Award-winning schools were able to meet with Justice Thomas after the
Symposium’s closing banquet for a photo opportunity. The fifth Feddie, the
Benjamin Franklin Spring Breakout Award, was won by Stanford later that
year; the school’s representatives were honored at the Student Leadership
Conference in July.
Following the presentation of the Feddies, the annual Paul M. Bator
Award was presented to Prof. Brian T. Fitzpatrick of Vanderbilt University
Law School in recognition of his legal scholarship, commitment to teaching,
concern for students, and public impact. The Banquet concluded with
a question and answer session in which banquet speaker U.S. Supreme
Court Justice Clarence Thomas spoke with one of his own former clerks,
Prof. Caleb Nelson of the University of Virginia School of Law, and the
Federalist Society’s Executive Vice President Leonard Leo.

Student Leadership Conference

Judge A. Raymond Randolph of the U.S. Court of Appeals for the
D.C. Circuit joined the panel on Judicial Ethics at this year’s Faculty
Conference in Washington, D.C.

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Every summer the Federalist Society’s incoming Student Chapter
presidents travel to Washington, D.C. for the Student Leadership
Conference: three days of training and preparation for their tenure
as officers. This year the Conference was held on July 15-17 at the Key
Bridge Marriott. At the opening Friday night reception the student
leaders were able to meet the Federalist Society staff and the other chapter
presidents.  Saturday morning began with a welcome address from Judge
Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. The
judge’s address was followed by a panel in which Federalist Society
President Gene Meyer and the Student Division staff discussed how to
be an effective chapter leader. Later in the day Jordan Lorence of Alliance
Defense Fund, Clark Neily of the Institute for Justice, and Kevin Hasson
of the Becket Fund formed a panel to discuss opportunities for public
2011   FEDERALIST SOCIETY   Annual Report

 interest litigation. On Saturday evening the student attendees were invited
the Conference’s annual Supreme Court Reception, where they had the
opportunity to meet with U.S. Supreme Court Justice Clarence Thomas.

Annual Faculty Conference Draws Largest Attendance Yet
The 14th Annual Faculty Conference, held in Washington, D.C. on
January 5-6, 2012, was attended by more than 100 law professors from
over 65 schools and over a dozen aspiring academics. During the past
decade the Conference has developed into a unique occasion for fruitful
discourse and exchange of scholarship among attending faculty. This year’s
panels focused on the legal effects of U.S. government’s shareholding in
the financial and automotive sectors, the merits of public sector unions,
and developments in judicial ethics.
(above) Prof. Stephen Vladeck (left) of American University
Washington College of Law and Prof. Eugene Kontorovich (right)
of Northwestern University School of Law debated international
law at the Faculty Conference in January, as Elizabeth Andersen
(center), Executive Director of the American Society of International
Law, moderated. (below) Prof. M. Todd Henderson of University
of Chicago Law School provided comments during the Young Legal
Scholars Paper Presentations at the Faculty Conference.

At the annual luncheon debate, Prof. Eugene Kontorovich of
Northwestern University School of Law and Prof. Stephen Vladeck of
American University Washington College of Law, moderated by Ms.
Elizabeth Andersen of the American Society of International Law, sparred
over the Alien Tort Statute and the related problem of corporate liability,
an issue currently pending before the Supreme Court.
The Conference also served for the third year as a forum for the winners
of the Division’s Young Legal Scholars Paper Competition. Four young
faculty, moderated by Georgetown Prof. Nicholas Quinn Rosenkranz,
presented their competitively selected papers to be critiqued. Prof. Eugene
Volokh of the UCLA School of Law and Prof. Todd Henderson of the
University of Chicago Law School assessed the papers. The Conference
also gave other faculty the opportunity to present working papers and
hear colleagues’ feedback.
Overall the conference was a great success, and its strong attendance
was a reflection of the continued expansion of faculty interest and
involvement over the past year.

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Annual Report   2011

National Conferences

21

 New Horizons for the Practice Groups

T

he Practice Groups had a banner year, continuing their strong
series of programs with highly respected scholars from across
the country.  The Groups’ latest development is the Teleforums, a
series of conference call discussions featuring one or more presenters on a
topic of moment, with a live call-in audience. After brief opening remarks
by each presenter, the bulk of the one-hour call is spent on audience
questions.  Teleforum calls represent a unique but growing opportunity
for members outside major metropolitan areas to participate actively in
Federalist Society programming.
The Practice Groups are currently focused on presenting their
programming and scholarship online, making it available to a larger
audience, while simultaneously maintaining in-person programs such as
the National Lawyers Convention. They continue to produce podcasts—
debates by leading legal experts and scholars which are recorded and posted
on the Federalist Society’s website, iTunes, and YouTube.  Samplings of the
various forms of programming and program topics appear in the pages
that follow.
In March, the Administrative Law & Regulation Practice Group
hosted a program in Washington, D.C. on President Obama’s executive order
to “avoid excessive, inconsistent and redundant regulation” mandating a
review “to remove outdated regulations that stifle job creation and make
our economy less competitive.” The group’s panel of experts examined
the Administration’s prescription for a new direction. Panelists included
Ronald A. Cass of Cass & Associates, Donald Elliott of Willkie Farr &
Gallagher LLP, Sally Katzen of the Podesta Group, Prof. Jeffrey Lubbers
of the American University Washington College of Law, and moderator
Judge A. Raymond Randolph of the U.S. Court of Appeals for the District
of Columbia.  In a separate consideration of the executive order, Susan
Dudley, Director of the George Washington University Regulatory Studies
Center, discussed her recently-published Engage article, “Prospects
for Regulatory Reform in 2011,” and took callers’ questions during a
Teleforum sponsored by the Administrative Law & Regulation Practice
Group. The Administrative Law & Regulation Practice Group also joined
with the Litigation Practice Group to host several Teleforum calls on the
Affordable Care Act and the litigation challenging its constitutionality.

22

Practice Groups Programs

Prof. Jide Nzelibe of Northwestern University School of Law participated
on a Showcase Panel during the 2011 National Lawyers Convention on
the topic “Term Limits, Entitlement Reform, and Random Assignment of
Members of Congress to Committees.”

The Civil Rights Practice Group produced a podcast discussing
birthright citizenship, the proper interpretation of the 14th Amendment’s
Citizenship Clause, and the extent of states’ powers in controlling or
altering birthright citizenship. The podcast featured John Eastman of
Chapman University School of Law and former Solicitor General of Texas
James C. Ho of Gibson Dunn & Crutcher.  In light of a recent Ninth
Circuit decision, the Civil Rights Practice Group and the Free Speech &
Election Law Practice Group also held a Teleforum call on felon voting. 
The Teleforum featured Nancy Abudu of the American Civil Liberties
Union, Roger Clegg of the Center for Equal Opportunity, and Hans von
Spakovsky of The Heritage Foundation.  With the Litigation Practice
Group, the Civil Rights group also hosted a Teleforum call with Michael
Rosman, General Counsel at the Center for Individual Rights, to discuss
the U.S. Court of Appeals for the Sixth Circuit decision overturning
Michigan’s anti-preference ballot initiative.
2011   FEDERALIST SOCIETY   Annual Report

 In March, the Criminal Law & Procedure Practice Group
cosponsored a panel discussion with the Chicago Lawyers Chapter on the
future of the honest services statute. Panelists included former U.S. Assistant
Solicitor General John Elwood of Vinson & Elkins; Ronald Safer of Schiff
Hardin, co-counsel in United States v. Black; and Brian Murray of Jones
Day, petitioner’s counsel in Weyhrauch v. United States.  The moderator
was former U.S. Deputy Assistant Attorney General Gil Soffer of Katten
Muchin Rosenman.  The Criminal Law & Procedure Practice Group also
held a sentencing guidelines Teleforum call with former Special White
House Counsel William Otis, and another with Mark Brnovich, Director
of the Arizona Department of Gaming, who discussed his Engage article
“Internet Gaming, Is it Too Late to Reboot?” Most recently, following
the Khalid Sheikh Mohammed case and the Norway tragedy, the group
sponsored a Teleforum on the death penalty.
Following the recent decision in Business Roundtable v. SEC, the
Corporations, Securities & Antitrust Practice Group held a Teleforum
on shareholder access. The call featured Prof. Stephen Bainbridge of UCLA
School of Law, Eugene Scalia of Gibson Dunn & Crutcher, University
of Denver Law School Prof. Jay Brown, and Ted Allen of Institutional
Shareholder Services, Inc.  The group also presented a panel in cooperation
with the Intellectual Property and Telecommunications Practice Groups
and the Chicago Lawyers Chapter on “The First Amendment Online:
Search, Privacy & Personalization.” The panel featured Prof. Richard
Prof. Todd Zywicki of George
Mason University School of
Law, a member of the Financial Services and E-Commerce
Practice Group’s Executive
Committee, participated on a
panel discussing the Consumer Financial Protection Bureau at the National Lawyers
Convention and debated Ilya
Somin on the implications of
repealing the 17th Amendment
on a Teleforum call in August.

FEDERALIST SOCIETY

Annual Report   2011

Epstein of New York University School of Law, Prof. James Grimmelman
of New York University School of Law’s Institute for Information Law
and Policy, University of Chicago Law School Prof. Jonathan Masur, Mr.
Berin Szoka of TechFreedom, and the Honorable Diane Wood of the U.S.
Court of Appeals for the Seventh Circuit. Among other questions, the
panel considered what would qualify as protected speech online, what
level of judicial scrutiny would apply to online First Amendment cases,
and how the government could address real harms consistent with the
First Amendment.
The Environmental Law & Property Rights Practice Group and
the Administrative Law & Regulation Practice Group cosponsored a
panel discussion with the Federalist Society’s Capitol Hill Chapter on
environmental regulation and the legal and policy implications of the
current Administration’s regulation of greenhouse gas emissions. The
panelists included the Hon. C. Boyden Gray of Boyden Gray & Associates
and Prof. Robert Purcival of the University of  Maryland School of Law,
with Ronald Cass as the moderator.
The Financial Services & E-Commerce Practice Group and the
Corporations, Securities & Antitrust Practice Group cosponsored a
panel discussion with the Federalist Society’s Capitol Hill Chapter at the
U.S. Capitol Visitors Center on the implementation of Dodd-Frank and
congressional oversight of agencies. The panel featured C. Boyden Gray;
John Douglas of Davis, Polk, and Wardwell; and Prof. Arthur Wilmarth
of the George Washington University School of Law, with Prof. Scott Kieff
moderating. In March, the Financial Services & E-Commerce Practice
Group also hosted a Teleforum with Financial Crisis Inquiry Commission
member and American Enterprise Institute Scholar Peter Wallison.
On September 1 and 2, the Federalism & Separation of Powers
Practice Group hosted a continuing legal education course on the
separation of powers featuring U.S. Supreme Court Justice Antonin Scalia
and Prof. John Baker. With the topic of judicial ethics prominent in the
news this year, the Federalism & Separation of Powers Practice Group
also hosted a Teleforum on the topic featuring Indiana University School
of Law Prof. Charles Gadner Geyh, who coauthored Judicial Conduct and

Practice Groups Programs

23

 Ethics; Prof. Ron Rotunda from Chapman University Law School, who
coauthored Problems and Materials on Professional Responsibility and Legal
Ethics: The Lawyer’s Deskbook on Professional Responsibility; President of
the Ethics and Public Policy Center Edward Whelan; and Prof. William
Yeomans of the American University Washington College of Law, who
served as Senator Edward Kennedy’s Chief Counsel on the Senate Judiciary
Committee.
In August, the Federalism & Separation of Powers Practice Group
held another Teleforum in which Profs. Todd Zywicki and Ilya Somin of
George Mason University School of Law debated whether repealing the
17th Amendment would restore the principles of federalism to the U.S.
constitutional system by increasing state power.
Prof. Eugene Volokh of UCLA Law School participated in a Teleforum
call hosted by the Free Speech & Election Law Practice Group in July,
discussing the most important free speech cases of the 2010-2011 U.S.
Supreme Court Term, including ones involving Westboro Baptist Church,
violence in video games, campaign funding, and the marketing of
pharmaceuticals.
The Federalist Society’s Practice Groups and various local Lawyers
Chapters co-sponsored several technology panels. In April, the Intellectual
Property and Litigation Practice Groups hosted a panel in San Diego
discussing the Microsoft v. i4i Supreme Court case. The panelists included
University of San Diego School of Law Prof. David McGowan, Joseph Re
of Knobbe Martens Olson & Bear, and John Rogitz of Rogitz & Associates,
with U.S. District Court for the Southern District of California Judge
Marilyn L. Huff moderating.
The Intellectual Property Practice Group, along with the Corporations,
Securities & Antitrust, Litigation, and Telecommunications Practice
Groups, hosted a number of programs, podcasts, and Teleforum calls on
overlapping issues.  They sponsored a panel retrospective of the Microsoft
Consent Decree, titled “U.S. v. Microsoft, 10 Years Later: Who Won, Who
Lost, and Did It Matter?”  The program included Prof. Phillip Malone of
Harvard Law School’s Berkman Center for Internet and Society, Cyberlaw
Clinic, and Rick Rule, Partner at Cadwalader, Wickersham & Taft who
represented Microsoft in its settlement with the U.S. Department of Justice.
24

Practice Groups Programs

Judge Douglas Ginsburg of the U.S. Court of Appeals for the D.C. Circuit,
who sat on the appellate panel for the Microsoft antitrust cases, moderated.
In June, the groups co-sponsored a Boston panel discussing “Patent
Enforcement in the 21st Century” and a Chicago panel discussing “The
First Amendment Online: Search, Privacy & Personalization,” which
included Richard Epstein, Prof. James Grimmelman of New York Law
School’s Institute for Information Law and Policy, Prof. Jonathan Masur
of University of Chicago Law School, and TechFreedom President and
founder Berin Szoka. Judge Diane P. Wood of the U.S. Court of Appeals
for the Seventh Circuit moderated.  Also in June, the groups hosted
another discussion, this one in Dallas, of the YouTube fair use lawsuit
involving Viacom and Google.  In September, the groups co-sponsored a
program at the National Press Club in Washington, D.C., to discuss “The
Google Review: Regulation of Search Results and More.”  That discussion
included Thomas Barnett of Covington & Burling, James Grimmelmann,
Rick Rule, and Berin Szoka.
In September, the International & National Security Law Practice
Group and the Washington, D.C. Lawyers Chapter hosted a debate on
national security issues between former U.S. Attorney General Michael
Mukasey of Debevoise & Plimpton and former U.S. Representative Bob
Barr of Liberty Strategies, Inc., with
Judge Laurence Silberman of the U.S.
Court of Appeals for the D.C. Circuit
moderating. All three participants are
contributors to the book Confronting
Terror: 9/11 and the Future of American
National Security.  The group also
hosted a day-long conference titled
“Cyber Security, National Security, and
Prof. Ann Shalleck, Director of the Women
and the Law Program at American University
Washington College of Law, participated in
a panel on law school accreditation for the
Professional Responsibility & Legal Education Practice Group at the National Lawyers
Convention in November.

2011   FEDERALIST SOCIETY   Annual Report

 Economic Security,” which included a detailed presentation by Stewart
Baker, the former Assistant U.S. Homeland Security Secretary for Policy. 
Mr. Baker discussed U.S. government and private sector vulnerabilities to
cyber attack, and the effectiveness (or lack thereof) of measures taken to
protect the potential targets of such attacks.  Also in September, the group
co-sponsored a ten-year retrospective on the state of the law and changes to
the legal landscape since the September 11 attacks of 2001. The conference,
“Civil Liberties Ten Years After 9/11,” was hosted by the Justice Action
Center at New York Law School and the New York Law School Review
and co-sponsored by the Federalist Society, the American Civil Liberties
Union, and the American Constitution Society.  Conference panels
included “Separation of Powers: The Roles and Inter-Relationships of the
Executive, Legislative, and Judicial Branches since 9/11,” “National Security
and Civil Liberties: A Decade of Striking a Delicate Balance, or a False
Choice?” and “Courts, Accountability, and Justice: Forums for Assuring
that Justice Is Served.”  The group also produced podcasts debating the
President’s authority to engage militarily in Libya, issues emanating from
the WikiLeaks release of classified documents, prosecutorial discretion
and the practice of transferring terrorism suspects to American soil for
trial, and providing Miranda warnings for terrorism suspects.
In June, the Labor & Employment Law Practice Group and the
Litigation Practice Group, together with the Orange County Lawyers
Chapter, hosted a panel discussion on the important Supreme Court class
action decision from the past Term, Dukes v. Wal-Mart Stores, Inc. The
Labor & Employment Law Practice Group also sponsored an April panel
discussion, “Can the State Stop Collective Bargaining? Wisconsin, Ohio
and the Constitution—A Courtroom Style Debate on One of the Great
Labor Law Issues of Our Time,” in Chicago with the Lawyers Chapter. 
The panel featured former U.S. Department of Labor Wage and Hour
Division Administrator Tammy McCutchen, now of Littler Mendelson;
Northwestern University School of Law Prof. John McGinnis; and Stephen
Yokich of Cornfield and Feldman, with Chicago-Kent College of Law.  The
moderator was Illinois Institute of Technology Prof. Martin Malin.
The Professional Responsibility & Legal Education Practice Group
held a Teleforum call featuring Chapman University School of Law
Prof. Ronald Rotunda and American University Washington College of
FEDERALIST SOCIETY

Annual Report   2011

Law Prof. Stephen Vladeck discussing the ethics questions surrounding
King & Spalding’s decision to withdraw from representing the House
of Representatives in defending the constitutionality of the Defense of
Marriage Act.
In June, the Religious Liberties Practice Group co-sponsored a
panel on “Minority Religious Communities at Risk.” The program, cosponsored with the First Freedom Center, focused on efforts to ensure
protections of all minority religious communities around the globe. The
program opened with a letter to the audience from U.S. Representative
Christopher H. Smith (New Jersey), Chairman of the House Foreign
Affairs Committee’s Subcommittee on Africa, Global Health, and Human
Rights. The panelists included First Freedom Center President Randolph
Marshall Bell; Georgetown University Berkley Center for Religion, Peace,
and World Affairs Senior Fellow Thomas Farr; and Tad Stahnke of Human
Rights First, and was moderated by the group’s Chairman, William
Saunders of Americans United for Life. The group also held a joint event
with the Georgetown University Law Center Student Chapter examining
conscience protections in the medical and pharmaceutical professions.
Debate participants included Georgetown University Law Center Prof.
Gregg Bloche; University of Chicago Medical School Prof. Farr Curlin,
who is also an associate faculty member at the MacLean Center for Clinical
Medical Ethics; Catholic University of America Columbus School of Law
Prof. Robert Destro; and Case Western Reserve University Prof. B. Jessie
Hill. The debate was moderated by Catholic University School of Law Prof.
Mark Rienzi, who serves on the practice group’s executive committee.
Besides co-sponsoring many of the technology and antitrust programs
mentioned above, the Telecommunications & Electronic Media Practice
Group hosted a December panel discussion on the authority of the Federal
Communications Commission to regulate the Internet. The discussion
was preceded by a keynote address from Federal Communications
Commissioner Meredith Attwell Baker. The panel included Loyola
University New Orleans College of Law Prof. John Blevins, Skype Senior
Director of Government and Regulatory Affairs Christopher Libertelli,
and University of Pennsylvania Law School Prof. Christopher Yoo, and
was moderated by Technology Policy Institute Vice President for Research
and Senior Fellow Scott Wallsten.

Practice Groups Programs

25

 State Courts Project Continues
Growth and Increases Influence

T

he Federalist Society’s State Courts Project has experienced
significant growth in recent years, adding more volunteers and
enhancing public debate about judicial selection, the role of state
supreme courts, and judicial philosophy. The year 2011 was no exception,
and in states across the country the Society’s members and volunteers had
a measurable impact on these issues. The State Courts Project continues
to achieve its goals by taking advantage of current events to host timely
programs, publish white papers, and train media experts who can provide
substantive analysis.
Publications
The State Courts Project engages distinguished scholars or
practitioners to publish white papers on recent rulings and methods of
judicial selection. For instance, in 2011 the Federalist Society published
a white paper by J. Ammon Smartt and Keith W. Randall titled “A Report
on Tennessee Attorney General Selection.” Tennessee is the only state in
which the Attorney General is selected by the state supreme court, so the
authors examined that method of selection and evaluated its potential
impact. The Project also publishes State Court Docket Watch, which
reports on notable state supreme court rulings and jurisprudential trends.
In 2011 the Federalist Society published an update on jurisprudential
trends concerning gay marriage, by John Shu, as well as a survey of court
challenges to legislatively enacted tort reforms, by Andrew Cook and Emily
Kelchen.
Wisconsin: A Key 2011 Focus
The State Courts Project has an excellent track record in Wisconsin.
Since 2007, our local volunteers and legal experts have played a valuable
public role by providing thoughtful commentary and analysis on standard
reelection campaigns, and so helping to bring about a more robust debate
on judicial philosophy and the role of courts in a democracy. This year,
we sought to build on that success by taking advantage of educational
opportunities created by Supreme Court Justice David Prosser’s reelection.

26

State Courts Project

As in previous years, we helped encourage public officials, candidates
and interested parties to discuss ideas such as judicial restraint and
the role of textualism. One of the Federalist Society’s most active legal
experts, Marquette Law Prof. Rick Esenberg, was quoted in Wisconsin’s
major newspapers—the Milwaukee Journal Sentinel, the Wisconsin State
Journal, and the Wausau Daily Herald—on radio outlets throughout the
state, and in national publications including National Review, The Weekly
Standard, and The American Spectator. The Federalist Society’s Milwaukee
and Madison Lawyers Chapters hosted widely-read Wall Street Journal
columnist John Fund, who discussed the election, the recent debate over
collective bargaining, and the potential impact of the election on the
court’s jurisprudence.
New Jersey: Greater Role of Courts Debate
Governor Christie campaigned on the promise to re-make New
Jersey’s Supreme Court and stated that he would appoint judges “who
will interpret laws and the Constitution, not legislate from the bench.”
In June, after more than a year of political debate with the state senate,
Governor Christie’s first nominee to the New Jersey Supreme Court, Anne
Patterson, was confirmed by the senate. In 2011 the State Courts Project
continued to take advantage of the educational opportunities created
by the Governor’s focus on judicial issues, and our legal experts made
significant contributions to the public debate on the role of courts issues.
The Federalist Society’s New Jersey-related publications—Professor
Earl M. Maltz’s white paper Temporary Assignments to Fill Vacancies on
the New Jersey Supreme Court and Fred Giordano and Robert Miller’s
Dollars and Sense: Understanding the New Jersey Supreme Court’s Role in
Education and Housing—continued to play an important role in the public
debate about the state supreme court. Similarly, legal expert Thomas
Gentile continued to enhance the quality of the public discussion of these
issues by publishing op-eds and making himself available to print and
radio journalists.

2011   FEDERALIST SOCIETY   Annual Report

 Society Continues to Protect American
Constitutionalism and Exceptionalism Abroad

B

eginning in the fall of 2009 the Federalist Society has substantially
extended its International Law Project, increasing our promotion of
the Western cultural and legal tradition within the European legal
and judicial worlds, and building a permanent continental infrastructure in
support of that tradition through the formation of law student associations.
Throughout Central and Eastern Europe we have encouraged and
assisted in the successful formation of multiple student and professional
organizations similar to the Federalist Society’s domestic Student
and Lawyers Chapters. These organizations, known as the European
Sovereignty Network (ESN), constitute an informal association with which
the Federalist Society will be cooperating in the years ahead to promote
conservative and libertarian ideas throughout Europe. Today there are
nine ESN members that were either established or significantly supported
by the Society, four of which were added in the past twelve months. As of
2011 Poland, the Czech Republic, Hungary, Slovakia, Slovenia, Romania,
Croatia, Bulgaria, and Serbia can all boast an ESN member group. By early
next year new organizations will be online in Georgia, Macedonia, and
Kosovo; and the Society is currently in exploratory discussions with leader
prospects in Latvia and Lithuania as well.
In April, through the generosity of the Lynde and Harry Bradley
Foundation, the Society hosted the 2011 Law and Economics Conference
at Schloss Neuwaldegg in Vienna, Austria. This was the third in a series
of Vienna-based conferences designed to introduce the “First Principles”
to Central and Eastern
European law students and
young lawyers. The conference
Dignitaries of Hungary and Georgia,
and U.S. Supreme Court Associate
Justice Samuel Alito and Leonard Leo,
Executive Vice President of the Federalist Society, met with participants
at the Federalist Society’s Law and
Democracy Conference in Vienna,
Austria.

FEDERALIST SOCIETY

Annual Report   2011

courses were led by Federalist Society co-founder, Board Chairman,
and Northwestern University School of Law Prof. Steven Calabresi and
Prof. John McGinnis, also of Northwestern, and Jim Kelly, Director of
the Federalist Society’s International Affairs Division. The lecturers led
discussions on how legal systems promote prosperity, on the economics
of American federalism, on the causes and effects of rent-seeking, and on
the economic “global welfare state” arising from activities of the United
Nations, the European Union, and various civil and non-governmental
organizations.
The October 2011 Law and Democracy Conference also took place
at Schloss Neuwaldegg. The highlight of the Conference was a roundtable
discussion on the importance of an independent judiciary to a functioning
democracy. The roundtable participants included U.S. Supreme Court
Justice Samuel Alito, Judge István Stumpf of the Constitutional Court of
Hungary, and George Papuashvili, President of the Constitutional Court
of the Republic of Georgia. The Conference also examined fundamental
democratic issues, including free expression, freedom of assembly, and the
societal role of voluntary associations.
Throughout the year the Division worked to build relationships with
leaders of legal and public policy organizations amicable to free markets
and rule of law principles. In March George Mason University School of
Law Prof. Nathan Sales and Jim Kelly participated in events on judicial
reform and national sovereignty, sponsored by member organizations of
the ESN, including the Bratislava, Slovakia-based Forum for Lawyers; the
Zagreb, Croatia-based Iustitia; and the Bucharest, Romania-based Law &
Leadership Association.
In April Mr. Kelly, sponsored by ESN member Ius et Lex, spoke on “The
Future of Capitalism in the Age of Globalization and Transnationalism”
before an audience at the University of Warsaw, Poland. From Warsaw,
Mr. Kelly went to speak at Tischner European University in Krakow, and
from there to Bratislava, where he addressed an audience of students,
lawyers, journalists, and other professionals on behalf of the Central
European Business and Social Initiative, another ESN member. In July

International Programs

27

 Members of the French delegation at the
2011 National Lawyers Convention met
with U.S. circuit court judges to consider
judicial issues relevant in both countries. (seated) (left to right) Judge Brett
Kavanaugh of the D.C. Circuit, Judge
Jean-Claude Bonichot of the European
Court of Justice, Judge Thomas Griffith
of the D.C. Circuit, and Judge Jeffrey Sutton of the 6th Circuit. (standing) (left to
right) Paris Chapter President Francois
Briard, Judge Carlos Bea of the 9th Circuit, Judge Jerry Smith of the 5th Circuit,
Judge Frank Easterbrook of the 7th Circuit, and Paul Falcone of the Paris Bar.

Mr. Kelly, hosted by the Constitutional Court of the Republic of Georgia
and Ilia State University, taught at the Summer School on Constitutional
and Human Rights Law in Batumi, Georgia, giving a three-day course on
the evolution of the social market economy and the impact of the nascent
global welfare state on constitutional democracies.
The Society also continued to promote dialogue on national
sovereignty, limited government, and the rule of law in Western Europe.
Federalist Society Executive Vice President Leonard Leo, Paris Chapter
President Francois Briard, and other members of the Society participated
in the American Enterprise Institute’s Transatlantic Law Forum, an annual
conference that aims to create an international community of lawyers,
judges, policymakers, scholars, and journalists interested in constitutional
government.  This year’s Forum on “Constitutionalism in Crisis?” took
place in October at Bucerius Law School in Hamburg, Germany.
In November of 2011 the Federalist Society welcomed over two-dozen
prominent members of France’s legal community, including Judge JeanClaude Bonichot of the European Court of Justice, to the National Lawyers
Convention in Washington, D.C. The Society was honored to host such
a distinguished group of attorneys and jurists, and we look forward to
welcoming future French delegations for years to come.
Later in the same month, in preparation for the International Division
office’s anticipated move from Vienna to Brussels—a move accomplished
28

International Programs

in January 2012—Federalist Society Executive Vice President Leonard
Leo, Mr. Kelly, and Ken Wiltberger, the Division’s Deputy Director,
traveled to Brussels to meet with conservative and libertarian members of
the European Parliament (MEPs) and with the officers of New Direction,
a leading Brussels-based policy think tank. Over the course of two days
they met with MEPs Jan Zahradil (Czech Republic); Ryszard Legutko
(Poland); and Nirj Deva, Ashley Fox, Daniel Hannan, and Roger Helmer
(U.K.). All are prominent members of the European Conservatives and
Reformists, a coalition within the European Parliament that promotes
classical liberal policies and procedures.
In December the Federalist Society and the London-based Henry
Jackson Society co-hosted a panel at the British Parliament on the
compatibility of Sharia and Western legal systems. The panel featured
Leonard Leo, in his capacity as Chairman of the U.S. Commission on
International Religious Freedom (USCIRF); USCIRF Vice Chairman
Dr. Elizabeth H. Prodromou, Assistant Prof. in the Department of
International Relations at Boston University; Francois Briard; Lorianne
Updike Toler, who is leading the Federalist Society’s outreach at Oxford;
and prominent British journalists and legal and public policy leaders.
Following the event, Mr. Leo and Mr. Kelly joined Steven Calabresi in
Paris. Prof. Calabresi, at the invitation of Francois Briard, spoke before the
French Senate on the possible consolidation of France’s three high courts.
The Society’s on-the-ground work in Europe is reinforced by the
Global Governance Watch® website, which follows the rising European
trend toward global governance of business and finance, environment
and health, human rights and development, and security. The site
receives approximately 34,000 visits per month and has prompted emails
from individuals across the world who are concerned about the global
governance trend.
As our efforts in Europe and the United States indicate, the Federalist
Society is dedicated to assisting new and existing groups of conservatives
and libertarians in scrutinizing threats to the Western legal ideals that for
centuries have inspired lawyers, lawmakers, and judges to pursue limited,
constitutional government, thereby preserving liberty and justice on both
sides of the Atlantic.
2011   FEDERALIST SOCIETY   Annual Report

 T

Publications and Website: More than Mere Archives

hrough its publications, the Federalist Society continues to
provide members and the general public the opportunity to access
commentary from highly-respected national experts on current
legal issues and their societal implications. This commentary takes the
form of a scholarly journal, three regular newsletters, a member magazine,
and a number of White Papers on a variety of topics. All the Society’s
publications are available online on the Federalist Society website at www.
fed-soc.org/publications. The Society’s member magazine, The Federalist
Paper, is also available in print to members only.
Engage, the journal of the Federalist Society
Practice Groups, appears triannually in electronic
format. Ideas for Engage articles are generated by
the  fifteen  Practice  Groups;  and  occasionally  there 
are special issues framed around a single theme.
Articles from 2011 discussed the internment of
aliens during the War on Terror, considered what
Chief Justice John Marshall would say concerning
the constitutionality of the individual health care mandate, debated the
potential effects of allowing state governments to select their U.S. senators,
and questioned whether states should be allowed to declare bankruptcy
under federal law. The National Lawyers Convention issue of Engage,
which formerly presented the edited transcripts of the conference, is now
dispersed among law reviews across the country. That change and other
efforts begun in 2007 have placed nearly 100 transcripts of Federalist
Society events in over 30 distinct law journals.

t
er

Annual Report   2011

Class Action Watch exists to inform Society
members and the general public about recent class
action litigation. This year, articles in the newsletter
discussed the ramifications of the Supreme Court’s
arbitration ruling in AT&T Mobility v. Concepcion,
the rise in overtime exemption litigation against
the pharmaceutical industry, a law changing
the procedure for class actions in Mexico, and
the Supreme Court’s interpretation of the AntiInjunction Act in Smith v. Bayer Corp.

in

FEDERALIST SOCIETY

ABA Watch is a semiannual newsletter published
to coincide with the American Bar Association’s midyear and annual meetings. It provides an in-depth,
independent look at the organization. The February
issue featured articles on the ABA’s Task Force on the
Preservation of Justice, its Spirit of Excellence Award
honorees, the ABA president’s criticism of the vote in
Iowa (the vote that caused three state supreme court
judges to lose their seats), and an interview with incoming president Bill
Robinson. The August issue provided a profile of the 2011 ABA Award
recipients, discussed the scrutiny of ABA accreditation of law schools, and
reported on proposals regarding the use of foreign law, gun control, duty
of care, and judicial disqualification in the ABA’s House of Delegates.

W

State Court Docket Watch is a quarterly
newsletter, composed primarily by members of
the Society’s nationwide Lawyers Chapters, which
reports on trends and cases in the state courts that
are noteworthy or controversial. This year’s subjects
included the constitutionality of campus police at
universities with a religious history, requiring police
to give breathalyzer warnings in foreign languages,
and the discretion of state attorneys general to litigate against the recent
health care legislation. The Federalist Society also produced a special

issue focusing on recent state court challenges to legislatively enacted tort
reforms.

The Federalist Paper is the in-house magazine
of the Federalist Society, printed winter, summer,
and fall. The magazine, which highlights some of
the activities and events of the Society’s Chapters,
Practice Groups, and individual members, gives
members a glimpse of what the various divisions
of the organization are doing across the country.
The National Lawyers Convention and Student
Symposium are covered each year, and the State

Publications

29

 Courts and International Law Divisions provide updates on their work
as well. The magazine is now available on the Federalist Society website at
www.fed-soc.org/publications.
For nearly a decade, the Federalist Society has published White
Papers that seek to generate debate over a number of important legal
issues. In 2011, the State Courts Project continued to inform the general
public about issues involving the state judiciaries with papers on attorney
general selection and challenges to state tort reform legislation. Other
White Papers explored the possible tension between civilian lawyers and
the U.S. military and recent conflicts in international tort litigation.

I

The Federalist Society’s Online Initiatives

n September 2011, the Federalist Society took an important
step forward by hiring its first director of social media, Justin
Shubow. A graduate of Yale Law School, an attorney, and
a former editor of Commentary magazine, he aims to take our
social media to the next level.

Through its social media outlets—its blog, Facebook page,
and Twitter feed—the Federalist Society is finding new ways
to extend the reach of its events, publications, and multimedia
beyond its membership and to the general public. Through
these outlets, the Society also seeks to inform its audience about
some of the latest developments in the legal community and to
spark debate on issues that currently impact the making and
interpreting of the law.
FedSoc Blog. FedSoc Blog
(http://www.fedsocblog.com)
is the official weblog of the
Federalist Society. The Society
created the blog as an original source of news and information
relevant to the legal and public policy communities. The blog
links to papers and multimedia published by the Federalist

30

Online Initiatives

In these publications, as always, the Federalist
Society takes no position on particular issues: the
opinions expressed in the publications are those of
the authors and not of the Society itself. With these
papers and in all its programs the Society seeks to
produce material that will encourage discussion
of timely legal and public policy developments.
Readers are encouraged to respond to what they
read and to submit articles or ideas on new legal
trends and developments.

Society and to materials published elsewhere on the web,
including news articles, blog posts, and videos of interest to our
audience. It has been an effective means of advertising FedSoc’s
popular SCOTUScast podcasts. FedSoc Blog also serves to
highlight upcoming event announcements, new publications,
and other online features from the Federalist Society website.
Keep your eye out for exciting changes to the blog in 2012.
Facebook and Twitter. The Federalist Society has been
using Facebook and Twitter to vastly increase the reach of its
publications, multimedia, events, and programs. The Federalist
Society’s Facebook fan page has over 104,000 likes, and it
continues to grow in popularity as people from around the
web receive alerts and updates highlighting legal news and
opinion as well as various Society projects. Our Twitter feed
has over 6,000 followers. Through both Facebook and Twitter,
the Society is making an increased effort to engage its audience
by encouraging input and debate on the issues we feature. The
effectiveness of this effort is evidenced by the increase of our
followers, allowing the Federalist Society to reach a broader
audience than ever before.

2011   FEDERALIST SOCIETY   Annual Report

 Donors Allow Federalist Society to
Grow, Reach a Broader Audience
The loyal supporters of the Federalist Society enabled the Society’s revenues to keep pace with its programmatic growth in 2011.
Reaching more students, faculty, and members of the legal community than ever before, the Society grew both programmatically
and financially. This growth was possible only because of the unwavering support of many long-time donors and a growing
number of new donors who recently joined the James Madison Club, contributing $1,000 or more annually to the Society.
In recognition of the commitment of those individuals, foundations, and corporations, a list of the current members of the
James Madison Club appears below.

2011 James Madison Club
Roster
MADISON CLUB PLATINUM
($100,000 or more)
Anonymous (4)
Scott and Cyan Banister
The Lynde & Harry Bradley
Foundation
CME Group Foundation
Harlan Crow
Donor’s Capital Fund
Donor’s Trust
ETC Capital, LLC
The Holman Supporting Foundation

David Humphreys
The John Patrick Humphreys
Foundation
Ewing Marion Kauffman Foundation
David Koch
Koch Industries, Inc.
The Koret Foundation
Claude R. Lambe Foundation
Liberty Fund
Lilly Endowment, Inc.
The Marcus Foundation
Microsoft Corporation
Andrew J. Redleaf   
The Rosenkranz Foundation 
Sarah Scaife Foundation
Searle Freedom Trust
William E. Simon Foundation
Paul Singer
Thomas W. Smith Foundation
The John Templeton Foundation 
Ed Uihlein Family Foundation 

MADISON CLUB GOLD
($50,000 TO $99,999)

(left to right) Richard K. Willard of Steptoe
& Johnson, George Terwilliger of White &
Case, and Assistant U.S. Attorney Zachary Terwilliger attended the Madison Club
Reception at the National Lawyers Convention in November.

FEDERALIST SOCIETY

Anonymous (3)
Baker Hostetler
Castle Rock Foundation
Chevron Corporation
George and Kellyanne Conway *
The Earhart Foundation   
Gibson, Dunn & Crutcher LLP
C. Boyden Gray *
Frank J. Hanna
Knights of Columbus

Annual Report   2011

Law Enforcement Defense Fund
Dr. & Mrs. Robert A. Levy
Pfizer Inc
The John William Pope Foundation 
Arthur N. Rupe Foundation
U.S. Chamber of Commerce

MADISON CLUB SILVER
($25,000 to $49,000)
Anonymous (2)
The Anschutz Foundation
BB&T Charitable Foundation
Brian J. Brille and Leslie Simmons
Brille *
The Arthur and Carlyse Ciocca
Charitable Foundation
Coca-Cola Bottlers’ Association
The Hugh and Hazel Darling
Foundation
Richard and Helen DeVos Foundation
DCI Group, LLC
Richard Gilliam  
Google
Pierre & Enid Goodrich Foundation
The Grover Hermann Foundation
The Gulton Foundation
The F.M. Kirby Foundation
Lebensfeld Foundation
Kenneth and Frayda Levy
Ambrose Monell Foundation
Mumford Family Trust
Daniel Shuchman
Sullivan & Cromwell LLP
Verizon
Yancey Brothers Co.

MADISON CLUB BENEFACTORS
($10,000 to $24,999)
Anonymous (6)
Aflac, Inc.
Alston & Bird LLP
The Apgar Foundation
Bancroft Associates PLLC
Bartlit Beck Herman Palenchar &
Scott LLP
Michael and Lillian BeVier *
The Bodman Foundation
Chase Foundation of Virginia
Civil Justice Reform Group
Connemara Fund
Cooper & Kirk PLLC 
Douglas R. Cox
Davis Polk & Wardwell LLP
Debevoise & Plimpton LLP
Delta Air Lines, Inc.
DLA Piper LLP
Michael and Susanna Dokupil
ExxonMobil Corporation
GlaxoSmithKline
Goodwin Procter LLP
Greenberg Traurig LLP
Roger and Susan Hertog
Margaret M. Hill Foundation
Hollingsworth LLP
Hunton & Williams LLP
Jones Day
King & Spalding LLP
Kirkland & Ellis Foundation
Lakeside Foundation
Elaine and Ken Langone
Bart Madden
Mayer Brown LLP  
McCarter & English, LLP
Philip M. McKenna Foundation
Fred and Joanne Medero
Francis Menton, Jr. *

Benefactors

31

 Ogletree Deakins
Patton Boggs LLP
The Grace Jones Richardson Trust
Adam Ross
Sidley Austin LLP
Robert S. and Dian G. Smith *
The Diana Davis Spencer Foundation
Alan G. Stanford
Time Warner Inc.
VERITAS Fund
Gerald and Sheila Walpin *
David Weinstein
White & Case LLP  
Wiley Rein LLP
WilmerHale
Winston & Strawn LLP
Hope Winters
Fred Young, Jr.

MADISON CLUB SUSTAINING
MEMBERS
($5,000 to $9,999)
Anonymous (2)
Adrienne Atkinson
The Beechwood Co.
Wendell Bird 
Mr. and Mrs. Roger Brooks 
Brownstein Hyatt Farber Schreck, LLP
Barabara Bruin  
Ying Chen
Daniel P. Collins
The G.L. Connolly Foundation
Covington & Burling LLP
Dechert LLP
Dick & Betsy DeVos Foundation *
William S. Edgerly
Robert J. Giuffra, Jr.
Michael & Rosalind Keiser Charitable
Trust
Joseph McLaughlin
Bill and Kathleen Mumma
Munger, Tolles & Olson Foundation
O’Melveny & Myers LLP
William and Lee Otis *
32

Benefactors

The Pence Group, Inc.
Rahr Family Foundation
Raytheon
The Roe Foundation
Sunmark Foundation
Snider Foundation
Steptoe & Johnson LLP
Nicholas J. Swenson
Herbert Vaughan *
Wilson Sonsini Goodrich & Rosati

Madison Club Supporting
Members
(2,000 to $4,999)
Anonymous (1)
Mike K. Ain
Emil Arca
The Armstrong Foundation
Jodi S. Balsam
Charles H. Bell
Henry and Paige Butler
Ceres Foundation
William M. Carey
Cara Duffield
Robert J. Ernst III
Daniel R. Finley
Theodore H. Frank
Karl J. Hirshman, Hirshman
Foundation
Horvitz & Levy LLP
Esther and Hyman Rapport
Philanthropic Trust
Judith Jacobs *
Eric J. Kadel, Jr.
David and Alida Kass
Robert B. Knauss
Raymond Wm. Leyden
Douglas Kirk Mayer
John E. McTavish
John P. Mead
The Modzelewski Charitable
Endowment
Jeffrey and Lisa Neilson
Larry Neubauer

Daniel Oliver
Theodore B. Olson *
John C. O’Quinn
San W. Orr, Jr.
Robert Parker
Mark A. Perry
Roger Pilon
National Beer Wholesalers
Association
Robert B. Reingold
James M. Rockett
Leslie Rose *
Nina Rosenwald
Ilya Shapiro
Douglas and Renee Smith
Paula M. Stannard * 
Frank B. Strickland
Bonnie K. Wachtel *

Madison Club Members
($1,000 to $1,999)
Anonymous (5)
Alden F. Abbott
Paul Ahern
Douglas W. Anderson
Fred W. Anton, III
Auto-Owners Insurance Company
John S. Baker, Jr.
Steven K. Balman
Jason R. Barclay
Clayton Robert Barker III
Randy E. Barnett
James T. Barry III
Gregory L. Barton
Bradley A. Benbrook
Bradford A. Berenson
George W. Bermant
Lawrence Bernheim
Bonnie G. Bird
J. Bayard Boyle, Jr.
Susan G. Braden
Lindley J. Brenza
John W. Brewer
William Brooke

William H. Burgess
Arthur Burke
W. Stephen Cannon
Willard Z. Carr, Jr.
Mark Casso
David J. Chapman
Tom Christina
Roger Clegg
Shannen W. Coffin
Jonathan Cohn and Rachel Brand
Gus P. Coldebella
Brian J. Cole
Sean C. Connors
James Alexander Cooke
Manus Cooney
Charles J. Cooper
Trevor K. Copeland
Gregory D. Cote
Stephen J. Cox
James C. Creigh
Alexander R. Dahl
Paul Edouard Dans
Jack David
L. Lawrence De Nicola
Paul DeCamp
Michael Diaz
Grant M. Dixton
Dodge Jones Foundation
Elizabeth K. Dorminey
W. Russell Duke
William J. Emanuel
Epstein Becker & Green, PC
Richard M. Esenberg
Jack Etheridge *
John Evangelakos
Nolly S. Evans 
Thomas A. Farr
Fred F. Fielding
First Clearing, LLC
Brian T. Fitzpatrick
Michael C. Flynn
Margaret Foran
David F. Forte
Sandra S. Froman

2011   FEDERALIST SOCIETY   Annual Report

 William J. Emanuel (center) of Littler Mendelson attended the Madison Club Reception at the National Lawyers Convention
with Navin Chandaria (left) and Sunir
Chandaria (right).

Patrick M. Garry
Thomas F. Gede
Charles P. Gilliam
Benjamin L. Ginsberg
Paul Glenchur
Elizabeth D. Gobeil
James L. Graham
A. Gregory Grimsal
Alan Gura
Sarah M. Hawkins
James A. Haynes
Gail Heriot
James and Allyson Ho
George E.B. Holding
Nancy E. Hollingsworth
Mark V. Holmes
James L. Huffman
J.C. Huizenga
Thomas G. Hungar
Charles Hwang
David A. Hyman
Jeffrey W. Jackson
Gregory Jacob
Erik S. Jaffe
D. Lowell Jensen

FEDERALIST SOCIETY

William H. Jernigan
Christine and Steffen Johnson
Thomas M. Johnson
William H. Jordan
Thomas J. Kavaler
James P. Kelly III
Orin S. Kerr
Jessica King
Howard J. Klein
Richard D. Klingler
Jeffrey C. Kubin
Raymond J. LaJeunesse, Jr.
Grant Lally *
Glen Lavy
Toni Lawrence
David G. Leitch
Harry D. Lewis
Marc R. Lisker
Elizabeth Locke
Wendy E. Long
David H. Martin
Steve A. Matthews
Randolph J. May
Letty McAdams
Sean M. McAvoy
Robert D. McCallum
Kevin R. McDermott
Brent J. McIntosh
Gregory S. McNeal
John and Bria Mertens
Adam Meyerson and Nina Shea
Kenneth M. Minesinger
Mark D. Mittleman
Hashim Mooppan
Richard T. Morrison
Michael B. Mukasey
Eric J. Murdock
Douglas T. Nelson
Dennis R. Nolan
Eileen J. O’Connor
John Ellis O’Neill
Kevin O’Scannlain
Thomas P. Ogden
Mark R. Paoletta

Annual Report   2011

Adam S. Paris
John J. Park
Nicole and Scott Pearson
Eric J. Pelton
Stephen D. Poss
George Priest
Alfred W. Putnam
Michael D. Ramsey
Alan Charles Raul
Sara Church Reese
Shelby Reitz
Ronald D. Rotunda
Charles (Rick) F. Rule
Christopher P. Saari and Sarah A.
O’Dowd
Gene C. Schaerr
Maimon Schwarzschild
Donald E. Scott
Jeffrey Thomas Scott
Andrew Siff
Brandon and Laurel Simmons
Loren A. Smith
John A. Smyth
Abraham Sofaer *
John J. Soroko *
Cheryl M. Stanton

Carla Kerr Stearns
Edward E. Steiner
John Stephenson
Charles Henry Still
Roger and Susan Stone
Robert L. Strickland *
Daniel Subotnik
J. Robert and Leslie Suffoletta
Jeffrey Taft
David H. Thompson
Larry D. Thompson
Donald Toumey
Eric W. Treene
Daniel E. Troy
E. Peter Urbanowicz
Brian Van Klompenberg
Jeffery J. Ventrella
Vincent J. Vitkowsky
Michael B. Wallace
John L. Warden
Richard E. Weicher
Hill B. Wellford
Steadman H. Westergaard
Ketia B. Wick
Rando B. Wick
Michael Wiggins and Erika Birg
Richard E. Wiley
Richard K. Willard *
Michael Williams
William Reynolds Williams *
Edwin D. Williamson *
John P. Witten
M. Craig Wolf
Christopher A. Wray
James W. Ziglar
* Denotes individuals who are founding
members of the James Madison Club.

Elizabeth Dorminey (left) of Wimberly,
Lawson, Steckel, Schneider & Stine P.C.
talked to Robert Bork, Jr. (right) of Bork
Communication Group LLC at the 2011
National Lawyers Convention.

Benefactors

33

 New Generation Contributes to Society
Through Founders Club
With the goal of identifying and connecting our next generation of leaders, in September the Society launched
the Founders Club. The Club is designed to be a group of young leaders, ten years or less out of law school, who
understand the significant effect the law has on their lives and, most importantly, understand that they can and
will play an important role in the direction of this country and of the conservative and libertarian legal movement.
Founders Club members are asked to pay $250 annually and have the opportunity to meet and connect with other
young leaders at events throughout the year. In the four months since its founding, the Club has grown beyond what
we had envisioned. Below, please find a list of the inaugural members:

Inaugural Founders Club
Members
Anonymous (4)
Jason Adkins 
Karin Agness 
Eka Akpakip 
Jason Alloy 
James Baehr
Kathryn Biber Chen 
Rick Bold 
Jennie Bradley 
Alex Bucur 
Christopher Byrnes 
Nathan Cardon 
Craig Chosiad 
Matt Cooper 
Vanessa Countryman 
Alexander Cox 
Anthony Deardurff 
Nick Degani 
Jason Dexter 
Collin Dretsch 
Michael Ellis 
Blaine Evanson 
George Fibbe 
Brian Field 
Sarah Field 
Brenna Findley 
John Paul Fox 
34

Benefactors

Miriam Glaser 
Catherine Glenn Foster 
Paul Griffin
Jeffrey Harris 
Josh Hawley 
Andrew Hitt 
Brian Hooper 
Catherine Keller 
Scott Keller 
Eugenio Labadie 
Elbert Lin 
Justin Longley 
CJ Mahoney 
Hillary Maki 
Marisa Maleck 
Roman Martinez 
Daniel Mauler 
Steven Menashi 
Sarah Miller 
Peter Milligan 
Ben Moncrief 
Brian Morrissey 
Michael Mulvania 
Dennis Murashko 
Erin Murphy 
Maya Noronha 
Robert Numbers 
Michael O’Connor 
Kate O’Scannlain 
Matt Owen 

Jesse Panuccio 
Bimal Patel 
Rachel Perez 
Kevin Plummer 
Harout Jack Samra 
Sean Sandoloski 
William Scharf 
Roger Severino 
Carrie Severino 
Randy Seybold 
Prerak Shah 
David Shaw
Brett Shumate 
Lindsay Simmons 
Jonathan Skrmetti 
Brandon Smith 
Grant Starrett 
Daniel Suhr 
J.B. Tarter 
Mike Toth 
Misha Tseytlin 
Kevin Turner 
Jack Vrett 
Paul Vronsky 
Colin Watson 
Lindsey Weber Keljo 
Porter Wilkinson 
Beth Williams 
Seth Zirkle

(above) Christopher Byrnes (left), senior attorney
at the U.S. Commission on Civil Rights and an inaugural member of the Founders Club, met with
Prof. Gail Heriot (right) of the University of San
Diego, member of the U.S. Commission on Civil
Rights, and Dominique Ludvigson (center), counsel and special assistant at the U.S. Commission on
Civil Rights, at the National Lawyers Convention.
(below) Inaugural Founders Club member Misha
Tseytlin of Gibson Dunn & Crutcher participated
in the Dallas Law & Liberty colloquium on “International Law, Foreign Law, and the United States
Constitution” in October.

2011   FEDERALIST SOCIETY   Annual Report

  

 

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END OF AUDITED
FINANCIAL STATEMENTS

FEDERALIST SOCIETY

Annual Report   2011

Financial Statements

39

 Expenditures
Fiscal Year 2011

Federalist Society Membership Growth
60,000

Development

50,000

Members
Members

General Management

90%

80,000
70,000

40,000
30,000
20,000

60,000

Attendance

6%

Attendance

Programming

4%

FederalistSociety
SocietyStudent
StudentDivision:
Division:
Federalist
Total
TotalEvent
EventAttendance
Attendance

Federalist Society Membership Growth:
Local and National Involvement
Local and National Involvement

50,000
40,000

30,000
20,000

10,000

10,000

0

0
2003

2004

2005

2006

2007

2008

2003 2004 2005 2006 2007 2008 2009 2010 2011
2010Federalist
2011 Society Program2002
Growth

2009

Year

Federalist Society Program Growth

Calendar Year
2000

Federalist Society Program Growth

1800
2000

Federalist Society Program Growth

Blog Posts/Quarter

YouTube
Events
Blog
Posts/Quarter

1600
1800 Federalist Society Program Growth
2000
Federalist Society
Program Growth

YouTube
Events
Blog Posts/Quarter

Federalist Society Revenue Growth
Federalist Society Revenue Growth

2000
1800

$12,000,000

1600

Program
Numbers
Program
Numbers

$8,000,000

Revenue

Revenue

$10,000,000

$6,000,000
$4,000,000
$2,000,000
$0

Program
Program
Program
Numbers
Program
Numbers
Program
Numbers
Program
Numbers
Program
Numbers
Program
Numbers
Numbers
Numbers

Federalist
Society
Program
1400
1600
1800
2000 Federalist
Society Program
Growth Growth

1400
1200
1000
800

600

2003

2004

2005

2006

2007

Fiscal Year

2008

2009

2010

2011

Federalist Society Program Growth

1000
1200
1800
1400
1600
2000

Federalist Society Program Growth

Charts and Graphs

White Papers
and NFIP
Podcasts
on
Website
YouTube
Events
Blog Posts/Quarter
White
Papers
and NFIP
Podcasts
on
Website
YouTube
Events
Blog Posts/Quarter

Faculty
and Alumni
YouTube
Event
White
Papers
and NFIP
Podcasts
Website
YouTubeon
Events

400
600
1200
800
1000
1600
1800
1400

5

Faculty
and Alumni
White
Papers
and NFIP
Podcasts
on
Website
YouTube
Events

Practice
Groups
Faculty
and
Alumni
White
Papers
and NFIP
Podcasts
on Website

200
400
1000
600
800
1400
1600
1200
0
200
800
400
600
1200
1400
1000
0
600
200
400
1000
1200
800
400
0
200
800
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600
200
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600
800
400
0
400
600
200

0
200
0

2005

2006

2007

2005

2006

2007

2005

2006

2007

2008

2009

2010

2011

Calendar
Year 2009
2008

2010

2011

2009

2010

2011

2009

2010

2011

Calendar
Year 2009
2008

2010

2011

Calendar Year
2008

Calendar Year

2005

2006

2007

2005

2006

2007

2005

2006

2007

2009

2010

2011

2006

Calendar
Year 2009
2007
2008

2010

2011

2006

Calendar
Year 2009
2007
2008

2010

2011

2005
2005

2008

Calendar Year
2008

Calendar Year

2005

2006

2007

2008

Calendar Year

40

Podcasts
on
Website
YouTube
Events
Blog
Posts/Qua
Blog Posts/Quarter

600
800
1400
1000
1200
1800
2000
1600

200
0

Podcasts
on
Website
YouTube
Events
Blog Posts/Quarter

800
1000
1600
1200
1400
2000
1800

200
400
0

400
2002

1200
1400
2000
1600
1800

Blog Posts/Quarter

2009

Podcasts
on
Practice
Groups
Faculty
and
White
Papers
and NFIP
Podcasts
on Alumni
Website
Lawyers
Events
Practice
Groups
Faculty
and
Alumni
White Papers
and NFIP

We

Lawyers
Events
Practice
Groups
Faculty
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White Papers
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Student
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Groups
Faculty
Alumni

a

Student
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Lawyers
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Alu

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Student Events

2010

2011

Student Events

Lawyers Event

Student Events
2011   FEDERALIST SOCIETY   Annual Report

 DIRECTORS/OFFICERS
Prof. Steven G. Calabresi, Chairman
Hon. David M. McIntosh, Vice Chairman
Prof. Gary Lawson, Secretary
Mr. Brent O. Hatch, Treasurer
Hon. T. Kenneth Cribb, Jr.
Hon. C. Boyden Gray
Mr. Leonard A. Leo, Executive Vice President
Hon. Edwin Meese, III
Mr. Eugene B. Meyer, President
Hon. Michael B. Mukasey
Lee Liberman Otis, Senior Vice President
BOARD OF VISITORS
Hon. Robert H. Bork, Co-Chairman
Hon. Orrin Hatch, Co-Chairman
Prof. Lillian BeVier
Hon. Elaine L. Chao
Mr. Christopher DeMuth
Hon. Lois Haight Herrington
Hon. Donald Paul Hodel
Hon. Frank Keating II
Mr. Robert A. Levy
Hon. Gale Norton
Hon. Theodore B. Olson
Mr. Andrew J. Redleaf
Hon. Wm. Bradford Reynolds
Prof. Nicholas Quinn Rosenkranz
Mr. Gerald Walpin

STAFF
President
Eugene B. Meyer
Executive Vice President
Leonard A. Leo

Lawyers Division
Dean Reuter, Vice President &
Director, Practice Groups
Lisa Budzynski Ezell, Vice President &
Director, Lawyers Chapters
Jonathan Bunch, Vice President &
Director, State Courts Project
Juli Nix, Deputy Director,
Practice Groups
Ken Wiltberger, Deputy Director,
International Affairs
Maureen Wagner, Deputy Director,
State Courts Project
David C.F. Ray, Associate Director
Allison Aldrich, Associate Director
Hannah De Guzman, Assistant Director
Jennifer Derleth, Assistant Director
Thomas Kraemer, Assistant Director

The Federalist Society
1015 18th Street, N.W., Suite 425
Washington, D.C. 20036
(202) 822-8138
info@fed-soc.org
www.fed-soc.org

Senior Vice President &
Faculty Division Director
Lee Liberman Otis

Vice President & Finance Director
Douglas C. Ubben

Faculty Division
Anthony Deardurff, Deputy Director

Student Division
Peter Redpath, Vice President &
Director

Tyler Lowe, Associate Director
Development
Emily Kuebler, Director
Cynthia Searcy, Director of Major Gifts
Sophia Mason, Assistant Director
Office Management
Rhonda Moaland, Office Manager
Matt Nix, Assistant Office Manager
Independent Consultants
James P. Kelly III, Director,
International Affairs
Peggy Little, Director,
Pro Bono Center

Brandon Smith, Deputy Director
Kate Beer Alcantara, Associate Director
Alexandra Bruce, Associate Director
Vice President & IT Director
C. David Smith
Publications Director
Paul F. Zimmerman
Membership Director
Peter Bisbee
Alumni Relations & Social Media
Director
Justin Shubow

 The Federalist Society for Law and Public Policy Studies
1015 18th Street, N.W. • Suite 425 • Washington, D.C. 20036
(202) 822-8138 • info@fed-soc.org • www.fed-soc.org