“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

ANNUAL REPORT
2006
(ISSUED
SSUED: APRIL
PRIL 2007)

 S TA F F
PRESIDENT
Eugene B. Meyer

F O U N D I N G D I R E C TO R S
Hon. E. Spencer Abraham

EXECUTIVE VICE PRESIDENT
Leonard A. Leo

F I N A N C E D I R E C TO R
Douglas C. Ubben

L AW Y E R S D I V I S I O N
Dean A. Reuter, Practice Groups Director
Lisa Budzynski, Lawyers Chapters Director
Mia Reynolds, State Courts Project Director
Juli A. Nix, Deputy Director
David C.F. Ray, Associate Director
John Paul Fox, Assistant Director
Alyssa Haupt, Assistant Director
Debbie O’Malley, Assistant Director

STUDENT DIVISION
Peter Redpath, Director
Sarah Roderick, Associate Director
Lisa Graff, Assistant Director
Kyle Reini, Assistant Director

IT D I R E C TO R
C. David Smith

F AC U LT Y D I V I S I O N D I R E C TO R
Hayley Reynolds

Steven G. Calabresi
Hon. David M. McIntosh
Lee Liberman Otis

D I R E C TO R S /O F F I C E R S
Steven G. Calabresi, Chairman
Hon. David M. McIntosh,Vice Chairman
Gary S. Lawson, Secretary
Brent O. Hatch, Treasurer

DEVELOPMENT
Patty Price, Director
Cynthia Searcy, Associate Director

Eugene B. Meyer, President
• • •

P U B L I C AT I O N S D I R E C TO R
Peter Aigner

Hon. T. Kenneth Cribb, Jr., Counselor

B OA R D

OF

V I S I TO R S

Hon. Robert H. Bork, Co-Chairman
Hon. Orrin G. Hatch, Co-Chairman

M E M B E R S H I P D I R E C TO R
Terry Archambeault
O F F I C E M A N AG E R
Rhonda Moaland
Matthew Nix, Assistant

Lillian BeVier
Hon. Lois Haight Herrington
Hon. Donald Paul Hodel
Hon. Frank Keating

Table of Contents
From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3

Harvey C. Koch
Robert A. Levy

The Federalist Society’s Student Chapter Programs . . . . . . . . . . . . . . Page 4

Hon. Edwin Meese, III

The Federalist Society’s Lawyers Chapter Programs . . . . . . . . . . . . . . Page 7

Hon. Gale Norton
Hon. Theodore B. Olson
Andrew J. Redleaf
Hon. Wm. Bradford Reynolds

National Conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10
The E.L. Wiegand Practice Groups . . . . . . . . . . . . . . . . . . . . . . . . Page 14
The Federalist Society’s Special Projects . . . . . . . . . . . . . . . . . . . . . Page 17

Nicholas Quinn Rosenkranz

National Press Clippings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21
Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 22
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

The Federalist Society’s Benefactors . . . . . . . . . . . . . . . . . . . . . . . . Page 24
Federalist Society Chapters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30
Audited Financial Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32

 Law schools and the legal profession are currently strongly dominated by a form of orthodox liberal ideology
which advocates a centralized and uniform society. While some members of the academic community have dissented
from these views, by and large they are taught simultaneously with (and indeed as if they were) the law.
The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in
the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the
separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of
the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these
principles and to further their application through its activities.
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.

With more than 1,400 people in attendance, the Federalist Society’s 2006 Annual Dinner filled the ballroom to capacity at the Marriott Wardman Park in Washington, D.C. last November 16th during the National Lawyers Convention. The Society has developed into an organization of more than 40,000 law students, lawyers,
academics, judges and others who care about the rule of law, with Student Chapters on every accredited law school campus in America and Lawyers Chapters in every
major city. More than 50 of the 140 tables in the room were purchased by the Federalist Society’s Supporting Law Firms. The Dinner speaker was U.S. Supreme
Court Justice Samuel Alito.

 The Federalism & Separation of Powers panel at
the National Lawyers Convention, “Executive
Powers in Wartime,” exemplifies the Federalist
Society’s tradition of bringing the brightest minds
together to debate the most current topics. Judge
William H. Pryor Jr., U.S. Court of Appeals,
Eleventh Circuit, moderated the panel consisting
of: Prof. Richard Epstein, University of Chicago
Law School; Dr. Roger Pilon, Vice President
for Legal Affairs, Cato Institute; Prof. Geoffrey
Stone, University of Chicago Law School; and
Prof. John C.Yoo, University of California,
Berkley, Boalt Hall School of Law and formerly
of the U.S. Justice Department’s Office of Legal
Counsel. The lively exchange on Presidential
power and the Iraq war will be published in the
April 2007 Georgetown Journal of Law and
Public Policy.

“I want to commend the [Federalist] Society for bringing together the best minds from right, left and center to
debate the most pressing legal issues of the day.”
—U.S. Supreme Court Justice Samuel Alito addressing the Federalist Society’s Annual Dinner,
November 16, 2006.
“I love the Federalist Society… These are highly committed, intelligent, hard-working, active students who make
the Harvard community better…”
—Dean Elena Kagan, Harvard Law School, addressing the Federalist Student Symposium, Boston,
February 2005.
“[T]he purpose of the Federalist Society was to bring together young people who had this skepticism about what
they were being taught and to let them know that there were others who shared this skepticism.”
—U.S. Supreme Court Justice Antonin Scalia, at the Federalist Society’s Twentieth Anniversary Gala,
November 14, 2002.
“I think one thing your organization has definitely done is to contribute to free speech, free debate, and most
importantly public understanding of, awareness of, and appreciation of the Constitution. So that’s a marvelous
contribution, and… in a way, I must say I’m jealous of how the Federalist Society has thrived at law schools.”
—Nadine Strossen, president of the American Civil Liberties Union (ACLU).
“The [Federalist] Society functions as a kind of perpetual law school campus with branches scattered across the
country. Even though the group is growing, part of its impact is not in membership per se or outright recruitment
—on which it’s never spent much more than 10 percent of its budget—but in facilitating dialogue and building the
pipeline.”
—Jonathan Riehl, Congressional Quarterly Weekly, December 11, 2006.
“The work of the Federalist Society and others in honing conservative constitutional arguments through the years
has been indispensable. There is no substitute for intellectual rigor.”
—Rich Lowry, National Review, January 13, 2006.
“[The Federalist Society] is not really very revolutionary, but enormously successful for those who are intellectually curious, have a strong interest in our nation’s values and institutions, and are sufficiently self-assured to want to
hear the best arguments by the best advocates on all sides concerning these subjects.”
—Hon. Theodore B. Olson, former U.S. Solicitor General, November 11, 2004.

 FROM THE PRESIDENT

1982

•

2 5 t h A N N I V E R S A RY

•

2007

Dear Friends and Supporters:
The Federalist Society has been growing at 15-20% annually since 2003 in just about every aspect of our
operations. The Society now involves over 40,000 law students, lawyers, academics, judges, and policy leaders. In terms
of programs, the Society is thriving as never before. Our Student Chapters have grown at an even more dramatic rate.
Last year we witnessed an increase of 43% in the number of events Student Chapters hosted and a 27% increase in
attendees from the previous year. Attendance at our 2006 Student Symposium was 1,200, up from 600 just two years
ago. Our Lawyers Chapters continue to develop new and effective methods to expand the reach of our ideas, and our
National Lawyers Convention in Washington, DC is now drawing nearly 1,500 people.
As we approach our twenty-fifth anniversary the Federalist Society is pleased with its progress thus far. The Society
is clearly making a difference in the legal culture. Those involved with the Society have played key roles in every
area of the law and our programming has been on the cutting edge of important legal topics. Even Leftist academics
concede that the Society is responsible for a great deal of the intellectual ferment in the legal academy. In many ways,
the Federalist Society is like a young university, with the oldest of our “graduates” nearing the peak of their careers.
The Society would like to take the opportunity of its twenty-fifth anniversary not simply to celebrate having
come this far and to take stock of its previous achievements, but to advance its mission in a decisive way. Accordingly,
we have a special slate of twenty-fifth anniversary programming. We will be making a major effort to expand our
number of active volunteers from 3,500 to 10,000 through our State Courts Project and other initiatives. As we
look forward to tackling these new goals, we thank you for your help in our effort to promote principles of limited
government, the separation of powers, and the rule of law.
Sincerely,

Eugene B. Meyer
President

The Federalist Society’s top officers greet speakers before the Annual Dinner on November 16th. From left to right: Federalist Society Executive Vice President
Leonard Leo, U.S. Supreme Court Justice Samuel Alito, U.S. Supreme Court Justice Antonin Scalia and Federalist Society President Eugene Meyer.

 Student Chapter Programs
The Federalist Society for Law and Public Policy Studies

THE FEDERALIST SOCIETY’S
STUDENT CHAPTER PROGRAMS
• For the first time in its history, the Federalist Society was able to establish a Student Chapter at every
one of America’s 195 ABA-accredited law schools.
• More than 1,200 students attended the
25th Annual Student Symposium at Columbia Law School in February.
• In the 2005-2006 academic year, Student Chapters hosted a record 825 events,
up from 600 the year before.
• With each event averaging over 50 students,
in all the audience for Federalist Society Student Chapter events was more than 40,000.

U.S. Ninth Circuit Court of Appeals Judge Alex Kozinski takes time to
meet with the University of Pittsburgh chapter at the Student Symposium.

Highlights of the successful 2005-2006 academic
year included two speeches by U.S. Supreme Court
Justice Antonin Scalia. He addressed a crowd of 500 at
Pontifical Catholic in Puerto Rico on the topic of
originalism, and he delivered a lecture on important
issues facing the Court to 400 people at Columbia.
Former Attorney General John Ashcroft’s two speeches

and Washington-St. Louis. Scott Bullock’s Institute
for Justice colleagues, Dana Berliner and Clark Neilly,
also participated in many events at Student Chapters,
providing the students a behind-the-scenes view of a
Supreme Court case. Over 120 students attended their
speeches about Kelo at Florida State and Suffolk. The
Kelo case was one of the most popular topics of the year
prompting debates on the topic at Brigham Young,
Georgetown, Lewis and Clark, Northwestern,
UCLA and Yale, each attracting over 100 attendees.

Northwestern University School of Law Student Chapter leadership with
Federalist Society President Eugene Meyer.

The ongoing War on Terror was another popular topic for Student Chapters. Berkeley Prof. John
Yoo debated San Francisco Prof. Jan Honigsberg on
“Enemy Combatants in the War on Terrorism” before
200 people at San Francisco. Second Circuit Court
of Appeals Judge Richard Wesley spoke about the
president’s powers in the War on Terror at Harvard.
Virginia Prof. John Norton Moore, Georgetown Prof.
Neal Katyal and former CIA official William McNair
debated tactics required for the covert War on Terror
before an audience of 400 at William Mitchell. John
Marshall (Chicago), Minnesota and St. ThomasMinneapolis also hosted well-attended debates focusing on legal questions relating to the War on Terror.

were also very popular. Over 1,000 students attended
his speech at Columbia, and 900 students attended
his speech at Emory. Senator Mitch McConnell’s
speech at Kentucky, Senator Orrin Hatch’s speech
on the Alito confirmation hearings at Harvard and
Senator John Cornyn’s speech on judicial nominations at Texas also attracted large audiences.
The Supreme Court’s decision in Kelo v. New
London was announced in June of 2005, providing a fascinating, significant topic for Federalist Society student
events in the subsequent academic year. Scott Bullock,
the Institute for Justice attorney who argued the case
before the Supreme Court, debated eminent domain
abuse with legal scholars and practitioners before large
crowds at Michigan, New England, Pittsburgh
4

Annual Report Fiscal Year 2006

Dean of Pepperdine Law School Kenneth W. Starr and Prof. John O. McGinnis
of Northwestern University School of Law (a former Starr law clerk) were both
popular speakers at Student Chapter events in 2006–2007.

 Student Chapter Programs

In an effort to promote open discussion of legal issues on law school campuses, Federalist Society Student
Chapters hosted debates on many other topics. Some of
the more successful events included a panel at Harvard
on the proper role of the Senate in Supreme Court
confirmations. Two hundred students attended this panel, which featured Harvard Professors Alan Dershowitz,
Richard Fallon and Charles Fried. Minnesota hosted
a debate between Minnesota Professors Dale Carpenter and Michael Paulsen on the constitutionality of the
Solomon Amendment. Three hundred students attended the spirited debate. At Miami, 200 people attended
a panel on the future of the Supreme Court featuring
Edward Whelan of the Ethics and Public Policy Center,
Wendy Long of the Judicial Confirmation Network,
More than 100 students attended
the Harvard Federalist Society
Debate on “Can Originalists
Defend Brown vs. Board of
Education?” between Judge
Michael McConnell of the U.S.
Court of Appeals for the Tenth
Circuit and Prof. Michael
Klarman of the University of
Virginia School of Law.

The Federalist Society for Law and Public Policy Studies

The Student Chapter at Pontifical Catholic University of Puerto Rico
organized a visit by U.S. Supreme Court Justice Antonin Scalia on the
anniversary of his twentieth year on the high court. Event organizers included
student leaders Eliezer Aldarondo, Juan Carlos Ramirez and Freddie Torres.

where he received their Lifetime Achievement Award.
Texas began their year with an address on constitutional interpretation by Fifth Circuit Judge Edith Jones.
Judge Jones spoke later in the year at Harvard and
at Texas Tech, where 100 people gathered to hear a
speech on “The Impropriety of Using International
Law in U.S. Constitutional Interpretation.” Akron
hosted Sixth Circuit Judge Alice Batchelder to speak
on the judiciary. Seventh Circuit Judge Michael Kanne
visited Illinois, and his colleague, Seventh Circuit
Judge John Coffey, visited Duke. Eighth Circuit Judge
Raymond Gruender spoke at St. Louis, and Ninth
Circuit Judges Jay Bybee and Diarmuid O’Scannlain

Ally Banguero of the Seattle Chapter and Trizia DeCanio of the Florida
A&M Chapter with Peter Redpath, Director of the Federalist Society’s
Student Division, at the Supreme Court reception during the Student
Leadership Conference last summer.

spoke at Harvard. Ninth Circuit Judge Alex Kozinski
related his experiences as a federal judge at Michigan and spoke on antitrust law at Western State.
Duke hosted Ninth Circuit Judge Clifford Wallace
to speak on the history of international courts. Tenth
Circuit Judges Michael McConnell and Deanell Reece
Tacha visited Yale. Judge Tacha also gave a speech
at Washburn on “The Changes in the Courts and
the Administration of Justice.” Tenth Circuit Judge

Ralph Neas of the People for the American Way, Karen
Pearl of the Planned Parenthood Federation of America
and Donna Shalala of the University of Miami.
Numerous U.S. Circuit Court of Appeals judges
addressed Student Chapters. D.C. Circuit Chief Judge
Douglas Ginsburg spoke at Illinois and Northwestern on “Law and Economics: A View from the Bench.”
Brigham Young, Columbia and Nevada-Las Vegas
hosted D.C. Circuit Judge Thomas Griffith, and D.C.
Circuit Judge David Sentelle spoke at Houston and
South Texas. D.C. Circuit Judge Laurence Silberman
spoke about restructuring the FBI at Georgetown,

Judge Loretta Preska, U.S. District Court of Southern New York, spoke
to the Fordham Student Chapter in September on the topic of “Judicial
Independence.”

Annual Report Fiscal Year 2006

5

 Student Chapter Programs
Selected Student Chapter Speakers
The Federalist Society for Law and Public Policy Studies

Hon. Alexander Acosta, U.S. Attorney, Southern District of Florida
Prof. Jonathan Adler, Case Western Reserve University School of Law
Hon. John Ashcroft, Former U.S. Attorney General
Prof. John Baker, Louisiana State University Law Center
Justice W. Scott Bales, Arizona Supreme Court
Prof. Randy Barnett, Boston University School of Law
Michael Barone, U.S. News and World Report
Hon. Bob Barr, Former U.S. Congressman
Judge Alice Batchelder, U.S. Court of Appeals, Sixth Circuit
Steven Biskupic, U.S. Attorney, Eastern District of Wisconsin
Clint Bolick, Alliance for School Choice
Jennifer Braceras, U.S. Commission on Civil Rights
Rachel Brand, U. S. Assistant Attorney General, Office of Legal Policy
Hon. Ed Bryant, Former U.S. Congressman
Scott Bullock, Institute for Justice
Judge Jay Bybee, U.S. Court of Appeals, Ninth Circuit
Prof. Steven Calabresi, Northwestern University School of Law
Hon. Paul Clement, Solicitor General of the United States
Ward Connerly, American Civil Rights Institute
Senator John Cornyn, U.S. Senator,Texas
Justice Maura D. Corrigan, Michigan Supreme Court
Justice N. Patrick Crooks, Wisconsin Supreme Court
Hon.Ted Cruz, Texas Solicitor General
Prof. Alan Dershowitz, Harvard Law School
Justice Brent E. Dickson, Indiana Supreme Court
Justice Robert Edmunds, North Carolina Supreme Court
Prof. Richard Epstein, The University of Chicago Law School
Steve Forbes, Former Presidential Candidate
Prof. Charles Fried, Harvard Law School
John Fund, The Wall Street Journal
Prof. Nicole Garnett, Notre Dame Law School
Prof. Rick Garnett, Notre Dame Law School
Todd Gaziano, The Heritage Foundation
Chief Judge Douglas Ginsburg, U.S. Court of Appeals, D.C. Circuit
Hon.Trey Grayson, Kentucky Secretary of State
Judge Thomas Griffith, U.S. Court of Appeals, D.C. Circuit
Judge Raymond Gruender, U.S. Court of Appeals, Eighth Circuit
Kevin J. Hasson, The Becket Fund for Religious Liberty
Senator Orrin Hatch, U.S. Senator, Utah
Hon. Asa Hutchinson, Former U.S. Congressman
Ambassador Mohammad Istrabadi, Iraqi Ambassador to the U.N.
Justice James Johnson, Washington State Supreme Court
Judge Edith Jones, U.S. Court of Appeals, Fifth Circuit
Judge Michael Kanne, U.S. Court of Appeals, Seventh Circuit
Gregory Katsas, U.S. Deputy Assistant Attorney General, Civil Division
Prof. Doug Kmiec, Pepperdine University School of Law
Judge Alex Kozinski, U.S. Court of Appeals, Ninth Circuit
Justice Stephen Markman, Michigan Supreme Court
Judge Michael McConnell, U.S. Court of Appeals,Tenth Circuit
Senator Mitch McConnell, U.S. Senator, Kentucky
Prof. John McGinnis, Northwestern University School of Law
Hon. David McIntosh, Former U.S. Congressman
Michael Medved, Author and Syndicated Radio Talk Show Host
Hon. Edwin Meese, III, Former U.S. Attorney General
Prof. John Norton Moore, University of Virginia School of Law
Judge Diarmuid O’Scannlain, U.S. Court of Appeals, Ninth Circuit
Judge Charles Pickering, Retired U.S. Court of Appeals, Fifth Circuit
Roger Pilon, Cato Institute
Judge William H. Pryor Jr., U.S. Court of Appeals, Eleventh Circuit
Rod Rosenstein, U.S. Attorney, District of Maryland
Justice Antonin Scalia, U.S. Supreme Court
Phyllis Schlafly, Eagle Forum
Judge David Sentelle, U.S. Court of Appeals, D.C. Circuit
Chief Justice Randall T. Shepard, Indiana Supreme Court
Judge Laurence Silberman, U.S. Court of Appeals, D.C. Circuit
Rep. Michael Sodrel, U.S. Congressman, Indiana
Christina Hoff Sommers, American Enterprise Institute
Dean Kenneth Starr, Pepperdine University School of Law
Prof. Margaret D. Stock, Department of Law, U.S. Military Academy,West Point
Rep. John Sullivan, U.S. Congressman, Oklahoma
Judge Deanell Reece Tacha, U.S. Court of Appeals,Tenth Circuit
Judge Timothy Tymkovich, U.S. Court of Appeals,Tenth Circuit
Judge Clifford Wallace, U.S. Court of Appeals, Ninth Circuit
M. Edward Whelan, III, President, Ethics and Public Policy Center
Prof. John Yoo, University of California, Berkeley, Boalt Hall School of Law

6

Annual Report Fiscal Year 2006

Judge Edith Jones of the U.S. Court of
Appeals for the Fifth Circuit drew a crowd
of more than 300 at Loyola New Orleans
when she spoke on “Interpretation of
International Law in the U.S.”

Timothy Tymkovich spoke at Colorado and Harvard
and participated in a panel on the citation of foreign
law by American courts at New Mexico. Eleventh
Circuit Judge William Pryor spoke at Northwestern
and Notre Dame. In May of 2006, Chicago hosted
a panel of Circuit Court of Appeals judges to address
the topic of “The Judiciary and the Academy.” This
panel featured D.C. Circuit Judge David Tatel, Sixth
Circuit Judge Diana Mott, Tenth Circuit Judge Michael
McConnell and Chicago Professor Geoffrey Stone.
Prof. Doug Kmiec of Pepperdine
Law was one of the most sought after
speakers by Student Chapters in
the 2006-2007 academic year. He
spoke at Texas, UCLA, Stanford,
Duke, Northwestern, Chicago-Kent,
Northern Illinois, Chapman and
Marquette.

Other notable Student Chapter speakers during
the 2005-2006 academic year included former Attorney General Edwin Meese, who spoke at Richmond and William and Mary, Iraqi Ambassador
to the U.N. Mohammad Istrabadi, who spoke at
Cardozo, U.S. Solicitor General Paul Clement, who
Prof. John Baker of Louisiana State
University Law Center spoke to several
student chapters about the study he
conducted for the Federalist Society entitled
“Measuring the Explosive Growth of
Federal Crime Legislation.”

spoke at Miami and Stanford and author and syndicated radio talk show host Michael Medved, who
spoke at Gonzaga, Idaho and Seattle. The enthusiastic Student Chapter leaders hosted many other
prominent speakers, captivating speeches and animated
debates in 2005-2006, making it the most successful year in the history of The Federalist Society.

 Lawyers Chapter Programs
The Federalist Society for Law and Public Policy Studies

THE FEDERALIST SOCIETY’S LAWYERS
CHAPTERS PROGRAMS
• In FY 2006, the Lawyers Chapters held a record
264 events.
• Over 18,000 attended Lawyers Chapters

events, averaging about 70 attendees per event.
Over 90 events drew between 50-100 attendees, with over 40 events drawing over 100.
• The Lawyers Chapters in 65 cities across the na-

tion are the cornerstone of activity in the Lawyers Division. The constant high quality of programming in the local chapters is crucial to
maintaining a strong community presence.
Several chapters hosted U.S. Supreme Court Justice
Antonin Scalia this year. The Minnesota Lawyers
Chapter hosted a reception for Justice Scalia in
September at the University of St. Thomas School of
Law. The reception included distinguished members of
the bar, members of the federal and state bench, U.S.
Attorney Rachel Paulose and several elected officials
including Secretary of State Mary Kiffmeyer and State
Senator Michele Bachmann. The Chapter celebrated

Mary Beth Buchanan, U.S. Attorney for the Western Division of Pennsylvania, Judge David Sentelle of the U.S. Court of Appeals for the D.C.
Circuit, and Professor John Yoo, University of California, Berkeley, Boalt
Hall School of Law, formerly of the U.S. Justice Department’s Office of
Legal Counsel, all three popular Lawyers Chapters speakers, meet at the
National Lawyers Convention.

Several chapters hosted United States Solicitor
General Paul Clement, who offered his thoughts on
the recently completed 2005-06 Supreme Court term,
while previewing cases on the fall docket. In Atlanta,
Chicago, Milwaukee, Philadelphia and San Francisco, the Solicitor General attracted audiences of
over 100 attorneys. Former U.S. Solicitor General Ted
Olson delivered his annual speech reviewing the past
term of the Supreme Court before over 500 Washington, D.C. attorneys in July. Alabama Solicitor General
Kevin Newsom offered a Supreme Court round-up
to Birmingham lawyers, as did Greg Coleman of
Weil, Gosthal & Manges to the Dallas Chapter. The
Houston Chapter held its annual Supreme Court
Former Attorney
General and Federalist Society Board
of Visitors member
Edwin Meese
addressed the
Lawyers Chapter
in Sacramento.

Addie Fiske, U.S. Civil Rights Commissioner Jennifer Braceras, former
U.S. Senator Slade Gordon and Fox News Legal Analyst Megyn Kendall
enjoy the Boston Lawyers Chapter production of Julius Caesar. As is the
tradition, the reading was followed by a panel discussing current legal applications of the play’s principles. This year’s panel focused on the inherent
conflicts between executive and legislative branches in a time of war.

Justice Scalia’s 20th anniversary on the Supreme Court.
The San Diego Chapter also enjoyed a visit by the
Justice in August. The Hartford Chapter co-sponsored a talk with Justice Scalia in April. The morning reception was attended by a standing room only
crowd of over 120 Federalist lawyers and law students.
The Chapter enjoyed an open Q&A session with
Justice Scalia after his remarks. The St. Louis Lawyers
Chapter also hosted Justice Scalia. The visit included
a luncheon for the Bar Association of Missouri with
1,200 lawyers in attendance, an evening reception
at Southeast Missouri State University with close to
1,500 in attendance and a private reception for Federalist Society members with over 120 in attendance.

roundtable with Fifth Circuit U.S. Court of Appeals
Judge Jerry Smith, Greg Katsas of the U.S. Department of Justice and University of Texas Professor Ernie
Young. About sixty attorneys and summer associates attended the program. The Columbus Chapter
hosted its State Solicitor, Douglas Cole, who offered an
overview of the recent Supreme Court term and discussed the impact of new Chief Justice John Roberts.
Several chapters held special events throughout
the year. The Sacramento Chapter hosted a tribute
to its recently deceased board member, Justice Robert
Puglia, with special guests Former U.S. Attorney General Edwin Meese, U.S. Court of Appeals Judge Janice
Rogers Brown and former California Governor Pete
Annual Report Fiscal Year 2006

7

 Lawyers Chapter Programs
The Federalist Society for Law and Public Policy Studies

Judge Janice Rogers Brown, U.S. Court
of Appeals for the D.C. Circuit, spoke
to the D.C. Lawyers Chapter in January 2007.

Wilson. Over 250 attended the gala dinner. Several of
the speakers centered their remarks on the theme “The
Constitution, the Role of Judges and the Rule of Law.”
The Boston Chapter held its seventh annual
Shakespeare program, featuring a one-hour staged
reading of Julius Caesar. The event, hosted by former U.S. Attorney General Richard Thornburgh, and
moderated by Megyn Kendall of Fox News, featured
many prominent Boston attorneys, public officials,
judges and opinion leaders performing key scenes from
Shakespeare’s classic depiction of the abuse of executive
power, political assassination and intrigue. Participants
included: Federal Judge Douglas Woodlock as Brutus,
former U.S. Attorney Wayne Budd as Caesar, Supreme
Court Justice Judy Cowin as Calpurnia, Federal Judge
Rya Zobel as Marc Antony, Boston Chapter chairman
Dan Kelly as Cassius, First Amendment lawyer Harvey
Silverglate as Cinna and U.S. Civil Rights Commissioner Jennifer Braceras as the Soothsayer. After the
play, a discussion on “Caesar, Bush and the Limits
of Executive Power” was led by Harvard University
Professors Harvey Mansfield and Juliette Kayyem.
Over 450 attended the performance and discussion.
Several Chapters hosted U.S.
Solicitor General Paul Clement, who offered his thoughts
on the recently completed
2005-2006 Supreme Court
term, while previewing cases
on the fall docket.

The NSA terrorist surveillance program was a
popular subject in 2006 with Lawyers Chapters, as
they debated the national security versus civil liberties
implications of this program. The Chicago Chapter
hosted Prof. Richard Epstein of the University of Chicago School of Law. He spoke on the topic “Peek and
Ye Shall Find? Constitutional Policy Implications of the
Foreign Intelligence Surveillance Act,” before a crowd
of about 80 Chicago attorneys. He offered thoughtprovoking remarks on textual limitations on executive
power and how those issues have worked out in practi8

Annual Report Fiscal Year 2006

cal politics with regard to the Bush Administration’s
terrorist surveillance policies. On the same topic, the
New York City Chapter hosted Baker & Hostetler
attorney David Rivkin and Cato Institute scholar Bob
Levy, who continued a debate they engaged in called
“Five Questions” that was featured on the Federalist Society’s web page. The Philadelphia Chapter
also hosted David Rivkin, who debated Larry Frankel
of the ACLU. The San Diego Chapter co-hosted a
debate between Prof. Michael Ramsey of the University of San Diego Law School and Candace Carroll of
the ACLU on the surveillance program. Prof. Robert
Turner of the Center for National Security Law at the
University of Virginia discussed the same issue with the
Former U.S. Solicitor General Theodore Olson gives
his annual Supreme Court
Round-Up on the justcompleted session to more
than 500 people.

Cleveland Chapter. Other chapters, including Houston, Minnesota, Los Angeles and Phoenix, hosted
Prof. John Yoo of University of California, Berkeley,
Boalt Hall School of Law, who discussed his thoughts
on presidential powers in times of war and his reflections on his tenure working in the Bush Administration.
Among the most discussed issues was the nomination of Samuel Alito to the United States Supreme
Court. Several Chapters participated in a series of
programs debating judicial activism versus judicial
restraint and the issues involved in the Alito nomination and the role of the courts. Ron Cass of the
Committee for Justice spoke to the Orlando Chapter on this issue, as did Michael Carvin of Jones Day
to the Pittsburgh Chapter. Time Warner Senior
Vice President and former Alito clerk Adam Ciongoli
spoke to chapters in Cleveland, Michigan and New
Jersey. Former Congressman Bob Schaffer spoke to
the Colorado Chapter. Wendy Long of the Judicial
Confirmations Network spoke in Little Rock and
Lincoln, while Ed Whelan, the President of the Ethics
and Public Policy Center, spoke in Philadelphia and
Charlotte. Curt Levey, General Counsel of the Committee for Justice, appeared in Richmond. Rachel
Brand, the Assistant Attorney General for the Office of
Legal Policy at the U.S. Department of Justice, offered
her assessments of the judicial confirmations of Justice
Alito and Chief Justice John Roberts to the Houston
Chapter. She also spoke in Cleveland, New Orleans
and Pittsburgh. The Washington, D.C. Chapter

 Lawyers Chapter Programs
John Bolton, U.S. Ambassador, United Nations
Rachel Brand, Assistant Attorney General, Office of Legal Policy, U.S. Dept. of Justice
Judge Janice Rogers Brown, U.S. Court of Appeals, D.C. Circuit
Judge Duane Benton, U.S. Court of Appeals, Eighth Circuit
Professor Gerard V. Bradley, University of Notre Dame Law School
Justice Raoul Cantero, Florida Supreme Court
Paul Clement, U.S. Solicitor General
Douglas Cole, State Solicitor of Ohio
R.Ted Cruz, Solicitor General,Texas
Paula Dobriansky, Under Secretary of State, U.S. State Department
Prof. Richard Epstein, University of Chicago Law School
Ken Falk, ACLU of Indiana
Gary Feinerman, Solicitor General, Illinois
Larry Frankel, Legislative Director, ACLU of Pennsylvania
John Fund, OpinionJournal.com
Senator Lindsey Graham, U.S. Senate, South Carolina
Judge Ray Gruender, U.S. Court of Appeals, Eighth Circuit
Secretary Carlos M. Gutierrez, U.S. Department of Commerce
Tamar Jacoby, Senior Fellow,The Manhattan Institute
Judge Edith Jones, U.S. Court of Appeals, Fifth Circuit
Gregory G. Lockhart, U.S. Attorney, Southern District of Ohio
Judge Michael McConnell, U.S. Court of Appeals,Tenth Circuit
Senator Mitch McConnell, U.S. Senate, Kentucky
Rob McKenna, Attorney General,Washington
Edwin Meese, The Heritage Foundation and former U.S. Attorney General
Eric Melgren, U.S. Attorney, District of Kansas
Justice Harold Melton, Georgia Supreme Court
Harriet Miers, Former White House Counsel
Justice Carlos Moreno, California Supreme Court
Chief Justice Thomas J. Moyer, Supreme Court of Ohio
Ralph Neas, People for the American Way
Kevin Newsom, Solicitor General, Alabama
Michael Novak, American Enterprise Institute
Kate O’Beirne, National Review
Hon.Theodore B. Olson, former U.S. Solicitor General and Gibson, Dunn
& Crutcher
Judge Diarmuid F. O’Scannlain, U.S. Court of Appeals, Ninth Circuit
Karen Pearl, Planned Parenthood
Roger Pilon, Cato Institute
Hon.William H. Pryor Jr., U.S. Court of Appeals, Eleventh Circuit
Prof. Jeremy Rabkin, Cornell University
Judge John Rogers, U.S. Court of Appeals, Sixth Circuit
Kevin V. Ryan, United States Attorney, Northern District of California
Justice Antonin Scalia, U.S. Supreme Court
Gretchen C.F. Shappert, U.S. Attorney,Western District of North Carolina
Judge Jerry Smith, U.S. Court of Appeals, Fifth Circuit
Dean Kenneth Starr, Pepperdine University School of Law
Judge Jeffrey Sutton, United States Court of Appeals, Sixth Circuit
Abigail Thernstrom, U.S. Civil Rights Commission
M. Edward Whelan III, President, Ethics & Public Policy Center
Hon. Pete Wilson, Former Governor of California
Prof. John Yoo, University of California, Berkeley, Boalt Hall School of Law

Dame Law School, both former Rehnquist clerks,
along with Illinois Solicitor General Gary Feinerman,
a former clerk to Justice Anthony Kennedy. About 90
attended this dinner. The Sacramento Chapter hosted
Chapman University School of Law Prof. John C.
Eastman and Boalt Hall School of Law Prof. Howard
A. Shelanski, both former Supreme Court clerks. The
St. Louis Chapter hosted former Attorney-Advisor
in the Office of Legal Counsel at the U.S. Department
of Justice Robert T. Haar, who discussed his experi-

The Federalist Society for Law and Public Policy Studies

Selected Lawyers Chapter Speakers

Judge Diarmuid F.
O’Scannlain,
U.S. Court of Appeals for the
Ninth Circuit, spoke on the
Legacy of the Rehnquist Court
before the Atlanta Lawyers
Chapter in May.

ences clerking for Chief Justice Rehnquist. Orange
County lawyers discussed the Chief Justice’s legacy
with former Rehnquist clerks Prof. Celestine McConville of Chapman Law School and Prof. Barry
McDonald of Pepperdine Law School. The Atlanta
Chapter held a similar panel discussion with Judge
SEC Commissioner Paul Atkins
addressed the D.C,. Lawyers
Chapter in the fall.

heard from Stephen Schmidt, the former Counselor
to Vice President Cheney, who offered his reflections on the successful confirmation of Justice Alito.

Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit and former Rehnquist
clerk Matthew Martens, among other panelists.

Assessing the legacy of the Rehnquist Court
also occupied the time and attention of a number of
Lawyers Chapters. Several held panel discussions with
former Supreme Court clerks and legal scholars. The
Milwaukee Chapter co-hosted a national conference
with the Federalism & Separation of Powers Practice Group featuring Supreme Court Justice Antonin
Scalia, current U.S. Solicitor General Paul Clement,
and former U.S. Solicitor General Theodore Olson,
among many others. Over 350 lawyers and students
attended this conference which is highlighted on Page
20. Chicago lawyers heard from former Texas Solicitor General Ted Cruz and Prof. Rick Garnett of Notre

As Congress debated whether to reform immigration policy, several Chapters weighed in on the
debate through many programs on proposed reforms.
The New York City Chapter hosted a spirited debate
before over 100 attorneys between Tamar Jacoby, Senior
Fellow at the Manhattan Institute, and Marti Dinerstein,
the President of Immigration Matters. They discussed
the question “Does Our Immigration Policy Hurt the
War on Terrorism?” Ed Gillespie, former chairman of
the Republican National Committee, discussed proposed reforms before more than 200 Washington,
D.C. lawyers. The Baltimore Chapter convened a
panel discussion on “Gangs and Immigration.”
Annual Report Fiscal Year 2006

9

 National C onferences
The Federalist Society for Law and Public Policy Studies

THE NATIONAL LAWYERS CONVENTION
The Federalist Society’s 2006 National Lawyers
Convention, which took place last November at the
Mayflower Hotel in Washington, D.C., was once again
the showcase event of the organization’s year. More
than 1,500 members and friends of the Society
attended one or more events during the 2006 convention. The theme, “Limited Government,” was reflected
in numerous speeches, panels, debates and discussions.
The highlights of the three-day event were the
annual Barbara K. Olson Memorial Lecture given
Friday evening to a packed house by Vice President
Richard Cheney and the Federalist Society’s Annual
Dinner on Thursday evening which was addressed
by not one but two U.S. Supreme Court Justices.
The first part of the annual dinner program was the
Federalist Society’s commemoration of Justice Antonin Scalia’s twenty years on the Supreme Court.
Justice Scalia’s ties to the organization go back to its

Domestic Policy Advisor to the President, all
delivered addresses to the convention.
The Convention’s more than 25 events, featuring
more than 100 speakers, were sponsored by the

Mississippi Governor Haley Barbour addressed the National Lawyers
Convention on his state’s recovery progress from Hurricane Katrina. He
was introduced by Federalist Society co-founder David McIntosh.

Society’s fifteen Practice Groups, which strive to make
the gathering as intellectually stimulating as possible
by including strongly opinionated speakers with
diverse viewpoints. Standing-room-only crowds were
present in many of the sessions, some of which were
taped by C-SPAN and covered by the national media.

Vice President Richard Cheney delivered the annual Barbara K. Olson
Memorial Lecture at the National Lawyers Convention to a capacity
crowd.

founding in 1982. A long-time friend of the Society,
Justice Scalia was joined by this wife, Maureen and
their nine children for a standing ovation in honor
of his service to the nation on the high court.
The featured dinner speaker of the evening
was newly confirmed U.S. Supreme Court Justice
Samuel Alito who discussed, somewhat humorously, the confirmation process and the proper role
of judges. He also praised the Society for bringing
the best minds from right, left and center to debate
the most pressing legal issues of the day. The dinner has developed into a major event for the legal
community drawing more than 1,400 people.
Governor Haley R. Barbour of Mississippi;
Michael Chertoff, U.S. Secretary of Homeland
Security; Senator John McCain of Arizona; Senator
Arlen Specter of Pennsylvania, and Karl Zinsmeister,
10

Annual Report Fiscal Year 2006

U.S. Secretary of Homeland Security Michael Chertoff is welcomed by
Ronald Cass, chairman of the International and National Security Law
Practice Group.

Convention participants included professors from
prominent law schools, federal appellate court judges
from seven different circuits, several administration
officials, leading journalists, and prominent think tank
leaders, as well as attorneys from across the country.
Other notable speakers at the 2006 Convention
included: U.S. Solicitor General Paul Clement;
Judge Frank Easterbrook, U.S.Court of Appeals for

 National C onferences

STUDENT SYMPOSIUM
The Federalist Society’s twenty-fifth annual National Student Symposium on “International Law
and the United States Constitution” was a spectacular
success. The Symposium took place in February at
Columbia University Law School in New York City.
This program brought together more than 1,200 top
academics, policy experts and mostly students from

William Kristol, Editor of
The Weekly Standard, participated in the Showcase Panel entitled
“Limited Government and
Spreading Democracy:
Uneasy Cousins?”

The Federalist Society for Law and Public Policy Studies

the Seventh Circuit; Judge Edith Jones, U.S. Court of
Appeals for the Fifth Circuit; Former U.S. Solicitor
General Theodore Olson; Prof. Charles Fried of
Harvard Law School; William Kristol of the Weekly
Standard; former Acting U.S. Solicitor General Walter
E. Dellinger; Judge William Pryor Jr., U.S. Court of
Appeals for the Eleventh Circuit; Phyllis Schlafly of
Eagle Forum; Judge A. Raymond Randolph, U.S.
Court of Appeals for the D.C. Circuit; Judge Carlos
Bea, U.S. Court of Appeals for the Ninth Circuit;
U.S. Congressman Jeffrey Flake of Arizona; Prof.
Richard Epstein of the University of Chicago School
of Law; and Anthony Romero of the ACLU.

U.S. Court of Appeals for the Seventh Circuit; Judge
Dennis Jacobs, U.S. Court of Appeals for the Second
Circuit; Judge William Pryor Jr., U.S. Court of Appeals
for the Eleventh Circuit; Judge A. Raymond Randolph,
U.S. Court of Appeals for the D.C. Circuit, and Judges
Diarmuid O’Scannlain and Alex Kozinski, both
of U.S. Court of Appeals for the Ninth Circuit.

Manny Klausner of California asks a question of participant Phyllis
Schlafly of the Eagle Forum after a lively roundtable on “The Role of
Government in Defining our Culture.” Dean Reuter, Federalist Society
Practice Groups Director, looks on.
Then U.S. Ambassador to the United Nations John Bolton gave a speech
on the United Nations and international law to a standing room only
crowd at the Student Symposium at Columbia Law School.

across the country, representing 133 different law
schools. Overall, this was an increase of 300 participants from last year. Attendance for the Symposium
has doubled over the last two years. For a number of
years attendance at the Symposium was roughly 600.
Last year the Symposium at Harvard Law School
drew 900. This year attendance went up to 1,200.
Panel topics included: the possibility of an
international rule of law, the use of foreign materials
in domestic constitutional interpretation, constraints of
international law on the War on Terror, the power of the
Executive and the enforceability of foreign judgments.
Speakers and panelists included: U.S. Ambassador to the
United Nations John Bolton; Judge Frank Easterbrook,

Distinguished speakers from the legal academy
included: Prof. John McGinnis of Northwestern
University School of Law; Prof. Jeremy Rabkin of
Cornell University; Prof. Akhil Amar of Yale Law
School; Prof. John Yoo of University of California,
Berkeley, Boalt School of Law; Prof. John Harrison
of University of Virginia Law School; Prof. Michael
Ramsey of San Diego Law School; Prof. Martin
Flaherty of Fordham Law School; Prof. Steven
Calabresi of Northwestern School of Law; and
Prof. Gerald Neuman of Columbia Law School.
Ambassador Bolton gave a post-luncheon
address to a tightly packed audience. He analyzed
the United States’ decision to withdraw from the
ABM treaty of 1972, which he said had produced
a good outcome even though, at the time, the
decision had caused gnashing of teeth among many
Annual Report Fiscal Year 2006

11

 National C onferences
The Federalist Society for Law and Public Policy Studies

U.S. Supreme Court Justice Antonin Scalia, his wife Maureen and their nine children and their spouses all attended the Federalist Society’s Annual Dinner to
celebrate the Justice’s twentieth year on the Supreme Court.

international lawyers. He concluded with remarks
about the United Nations and the oil-for-food
and other scandals which he believes have reduced
the organization’s reputation and effectiveness.
STUDENT LEADERSHIP CONFERENCE
Another indication of Student Division success has
been the growth of the Student Leadership Conference
held in Washington, D.C. each July. In two intensive
days the Society covers the cost to bring all our incoming chapter presidents for a crash course on how to run
a successful chapter. They also hear from inspiring legal
legends and meet other Society student leaders from all
over the country—friends with whom they can consult during the school year. We attribute some of the
remarkable progress of our chapters in the last couple
of years to these meetings. Most of the 195 accredited
law schools in the U.S. sent student participants to this
year’s conference which took place the weekend of July
14-16. Students heard from Judge Janice Rogers Brown
of the U.S. Court of Appeals for the D.C. Circuit and
Federalist Society co-founders former Congressman
David McIntosh and Prof. Steven Calabresi of Northwestern University School of Law. The sessions of the
conference focused mainly on helping students learn
the nuts and bolts of running a successful chapter at
their law school. The weekend included a reception at
the U.S. Supreme Court where the students mingled
with members of the D.C. legal community including U.S. Supreme Court Justice Antonin Scalia.
12

Annual Report Fiscal Year 2006

Justice Allison Eid of the Colorado Supreme Court and her husband, Troy
Eid, (right), U.S. Attorney for the District of Colorado, greet Judge Jerry E.
Smith of the U.S. Court of Appeals for the Fifth Circuit at the National
Lawyers Convention.

FACULTY CONFERENCE
The 2006 Faculty Conference in January in
Washington, D.C. marked the eighth consecutive
year the Federalist Society has provided a unique
setting for discourse and for fostering the
development of quality scholarship among professors
with an interest in traditional legal principles.
This year, panels ranged from “Is Federalism Over
After Raich?” to “International Law: How Present in
Our Law?,” “Conservative Non-Originalist Approaches
to Constitutional Interpretation,” and “The Solomon
Amendment: May Congress Demand that Universities

 National C onferences
The Federalist Society for Law and Public Policy Studies

U.S. Attorney
for the Eastern
District of
Michigan
Stephen
Murphy with
his wife Amy
and their
children at the
Convention.

Judge Edith Brown Clement, U.S. Court of Appeals for the Fifth Circuit,
talks with Michael Wallace of Mississippi at the National Lawyers
Convention.

that Get Federal Funds Allow Military Recruiting on
Campus?” There were also twelve papers presented by
various professors on an array of topics, from the death
penalty for minors to admissibility thresholds for foreign
law in domestic cases. Seventy-five professors attended.

fostering the development of quality scholarship
among professors with an interest in traditional legal
principles. The Society believes that an opportunity
for these professors to exchange ideas and scholarship
with each other will facilitate the intellectually
serious discussion we hope to promote and advance
traditional legal principles in the legal academy and
beyond. This conference is a crucial effort because
legal academia is at the forefront of political correctness
in the law. The Faculty Conference helps energize
those professors most dedicated to offering students
a strong counter to political correctness. Apart
from the major conference, the Federalist Society
continues to facilitate frequent discourse between
faculty members. An increasing number of faculty
members are also involved in our Practice Groups.

Federalist Society co-founders Steven Calabresi and David McIntosh (left)
enjoy a moment before the Annual Dinner with U.S. Supreme Court Justices
Samuel Alito and Antonin Scalia and co-founder Lee Liberman Otis.

Feedback from the attendees continues to
affirm the immense value of this conference for the
scholars. Specific results from earlier conferences are
already showing up in terms of articles, which were
greatly improved by the feedback. These annual
meetings energize the attendees, who must deal
daily with the biases that exist in the legal academy.
Most importantly, they offer the opportunity for the
interchange of ideas and the review of each other’s
work that is invaluable for serious young scholars.
The Federalist Society’s Faculty Conference
continues to offer a unique setting for discourse,
Annual Report Fiscal Year 2006

13

 P ractice G roups P rograms
The Federalist Society for Law and Public Policy Studies

THE FEDERALIST SOCIETY
E.L. WIEGAND
PRACTICE GROUP PROGRAMS
he Federalist Society’s 15 Practice Groups have
established a proven mechanism to disseminate
traditional legal ideas through events and scholarship.
In 2006, as this work continued, the Practice Groups
explained traditional perspectives on the law and ensured that even more people heard these views.

T

The Civil Rights Practice Group hosted several
programs on the issue of birthright citizenship in the
month of August. There were events in Austin, Dallas,
and Houston dealing with proposals that have been
introduced in Congress to repeal birthright citizenship
for the children of undocumented persons, as well as for
the children of persons other than U.S. citizens and aliens
lawfully admitted for permanent residence. Section 1 of
the Fourteenth Amendment provides that “[a]ll persons
born or naturalized in the United States and subject to
the jurisdiction thereof are citizens of the United States
and of the State wherein they reside.” In light of this
provision, the programs addressed the question, “Are
proposals to Repeal Birthright Citizenship by Statute
Constitutional?” Panelists included Chapman University
Law School Prof. John C. Eastman, U.S. Military Academy
Prof. Margaret D. Stock and Mr. James C. Ho of Gibson
Dunn and Crutcher. The Practice Group will likely
host additional such programs in southern California
in the coming year. The Practice Group, in cooperation
with the Chicago Lawyers Chapter, also hosted a panel
examining Title IX and its effects on athletics. The
group also hosted a panel discussion on reauthorization
of the Voting Rights Act that attracted a great deal of
attention in anticipation of congressional action.
As highlighted in the Special Projects section on
page 20, the Federalism and Separation of Powers
Practice Group, along with the Lynde and Harry
Bradley Foundation, hosted a one-day conference in
Milwaukee in honor of William H. Rehnquist, examining
his legacy as Associate Justice and Chief Justice of the
U.S. Supreme Court. Conference participants included
U.S. Supreme Court Justice Antonin Scalia, U.S.
Solicitor General Paul Clement, former U.S. Solicitors
General Theodore Olson and Walter Dellinger and
several other notable scholars and public officials. The
event attracted a capacity crowd of well over 350.
In September, the Corporations, Securities &
Antitrust Practice Group co-hosted a conference in
New York titled “Does Procedure Dominate Substance?:
Of Class Actions and Pretrial Motions.” The first panel
examined the standards for certifying a class in class
actions. The panel was moderated by eSapience, Ltd.
Chairman David S. Evans and included University of
14

Annual Report Fiscal Year 2006

William P. Barr, Executive Vice President and General Counsel,Verizon
Communications, is interviewed by a reporter after a panel planned by the
Telecommunications Practice Group entitled “Net Neutrality: Battle of the
Titans.”

Chicago Law School Prof. Richard A. Epstein, New
York University School of Law Prof. Samuel Issacharoff
and Vanderbilt University Law School Prof. Richard A.
Nagareda. The second panel, which considered pretrial
motions to dismiss and summary judgment, included
Boston University School of Law Prof. Keith N. Hylton, New York University School of Law Prof. Geoffrey P. Miller and J. Douglas Richards of Milberg Weiss
and Bershad and was moderated by George Washington University Law School Prof. Jack H. Friedenthal.
Judge Brett Kavanaugh,
U.S. Court of Appeals
for the D.C. Circuit,
moderated a Civil
Rights Practice Group
panel on “Civil Rights
in the 21st Century” at
the National Lawyers
Convention.

The conference concluded with a lunchtime
address by Boies, Schiller & Flexner Chairman David
Boies.
The Free Speech and Election Law Practice
Group hosted an Election Law Lecture Series of
programs with the presentation of papers and discussion
of felon voting, campaign finance reform, public
financing of campaigns and voting fraud. Federal
Election Commissioner Hans A. von Spakovsky, U.S.
Election Assistance Commissioner Ray Martinez III
and former FEC counsel Allison Hayward were among
the participants. The Election Law series was published
in Engage and will be published in the St.Thomas
Journal of Law and Public Policy in the fall of 2007.

 P ractice G roups P rograms

The International and National Security Law
Practice Group co-sponsored an event with the New
York City Lawyers Chapter discussing, “After Hamdan:
The Supreme Court and the Future of U.S. Responses
Kevin J. Hasson, Becket Fund
for Religious Liberty Founder
and Chairman, appeared
regularly for the Religious
Liberties Practice Group this
year including in a debate on
the conscience clause.

to Terrorism.” Moderated by former Chief Judge of
the United States District Court for the Southern
District of New York Michael B. Mukasey, Fordham
Law School Prof. Martin S. Flaherty and Boalt Hall
School of Law, University of California at Berkeley
Prof. John C.Yoo debated the merits of Hamdan and
its implications for military trials of terrorists, as well
as for detention, interrogation and the National Security Agency’s surveillance program. In December,
Prof. John C.Yoo debated “War by Other Means” with
University of Chicago Law School Prof. Richard A.
Epstein at the McCormick Tribune Freedom Museum in Chicago. Gretchen Helfrich, Chicago Public
Radio’s former host of Odyssey, served as moderator.
The Administrative Law Practice Group
hosted a conference at the University of Minnesota School of Law, titled “The Future of Tax Shelters,” in October. The conference brought together
top tax scholars and professionals, as well as scholars from other disciplines that are thinking about
tax shelters from different perspectives, to evaluate
the present and future of tax shelters. The Virginia
Tax Review will publish the symposium essays.

titled “The Future of the Attorney-Client Relationship in White-Collar Prosecutions” in November.
The program analyzed the issues surrounding the
Justice Department’s current policies and practices
for investigating and prosecuting business organizations. Under current policy, corporations that agree
to waive the attorney-client privilege are deemed
to be “cooperating” and therefore entitled to special
consideration during investigation and even sentencing. Former U.S. Attorney General Edwin Meese of
the Heritage Foundation delivered the introductory
remarks, and the panel included former U.S. Deputy
Attorney General George J. Terwilliger III, a member of the Corporations Practice Group Executive
Committee, and Pepsico General Counsel and former
U.S. Deputy Attorney General Larry D. Thompson.

The Federalist Society for Law and Public Policy Studies

The Religious Liberties Practice Group had
a very busy year, as it continued its partnership with
the Pew Forum on Religion & Public Life. The
practice group hosted a debate and panel discussions
on conscience clauses, the death penalty, the federal
partial-birth abortion ban and the right to “privacy” in
Supreme Court jurisprudence. Participants included
Dean Kenneth W. Starr of Pepperdine University Law
School, Becket Fund for Religious Liberty Founder and
Chairman Kevin J. Hasson, Alliance Defense Fund Chief
Counsel Benjamin W. Bull, Center for Reproductive
Rights President Nancy Northup and others.

The Litigation and the Professional Responsibility and Legal Education Practice Groups
co-sponsored a fascinating panel discussion on “Mass
Fraud in Mass Torts.” Cardozo School of Law Prof.
Lester Brickman presented a paper documenting
various instances where science has been manipulated by expert witnesses and plaintiffs’ counsel to
portray a distorted picture of causation and defendants’ liability. He was joined in making his argument by Patrick M. Hanlon of Goodwin Proctor.
Joseph F. Rice of the firm of Motley Rice argued
that the legal system operated effectively to mediate competing scientific claims and asserted that
discoveries of fraud only proved the efficacy of the
system in sorting out the facts. Duke Law School
Prof. Francis E. McGovern weighed in on the side of
the existing regime. D.C. Circuit Court of Appeals
Judge Douglas H. Ginsburg served as the moderator.
The Environmental Law and Property
Rights Practice Group hosted a conference on
reform of the Endangered Species Act. The conference examined the issue of who should bear the
burdens and costs of ESA enforcement, individual
landowners or society at large. The conference also
examined some of the unintended consequences of

Edwin Williamson of Sullivan &
Cromwell serves as senior advisor to
the International and National
Security Law Practice Group.

Together with the Heritage Foundation and the
Criminal Law & Procedure Practice Group, the
Corporations Practice Group also hosted a panel
Annual Report Fiscal Year 2006

15

 P ractice G roups P rograms
The Federalist Society for Law and Public Policy Studies

Judge Jeffrey Sutton, U.S. Court of Appeals
for the Sixth Circuit, moderated a panel organized by the Free Speech and Elections
Practice Group on the Single Subject Rule.

the Act. Participants included Congressman Richard W.
Pombo, Department of the Interior Deputy Secretary
Lynn Scarlett and former Department of Justice Official
Jeffrey B. Clark. The William and Mary Journal of Environmental Law will be publishing both panels soon. The
Practice Group also sponsored a panel at the Convention examining how some state attorneys general and
environmentalist groups have filed suits to force the Environmental Protection Agency to regulate greenhouse
gases under the Clean Air Act and charged major utilities with contributing to the “public nuisance” of global
warming due to their emissions of carbon dioxide.
The Telecommunications & Electronic Media
Practice Group hosted a half-day conference in May
on the future of federalism in the telecommunications
industry. The conference featured a keynote address
by National Association of Manufacturers (NAM)
President and former Michigan Governor John
M. Engler, who talked about the importance of
promoting competitiveness in all fields of industry
and manufacturing and emphasized that a strong
and vibrant telecommunications industry is vital
to a healthy manufacturing sector of the economy.
The governor also explained NAM’s support
of federal efforts to lift obsolete state barriers to
competition and its opposition to net neutrality.
The Financial Services Practice Group hosted
a panel discussing, “Wal-Mart: The Next Community
Bank?” at the National Lawyers Convention. Panelists
included Hon. Thomas J. Bliley, Former United States
Congressman,Virginia, John L. Douglas, Alston & Bird,
Hon. Kenneth A. Guenther, Former President and
Chief Executive Officer, Independent Community
Bankers of America and Hon. Peter J. Wallison,
Resident Fellow, American Enterprise Institute. James
M. Rockett, Bingham McCutchen, served as moderator.
The Intellectual Property Practice Group
held an “Intellectual Property: Back to Basics”
Conference, in Washington D.C. at Wiley Rein &
Fielding, which featured two panels. The first panel,
“By Any Other Name: Intellectual Property as
“Property,” focused on the philosophical and practical
implications of intellectual property as property. The
16

Annual Report Fiscal Year 2006

second panel was “Modern Intellectual Property
Rights: Unprecedented Growth or Unprecedented
Erosion?” Members of the Intellectual Property
Practice Group have joined with members of other
organizations aimed at protecting intellectual property
rights in developing countries, creating the WIPO
Coalition. As part of this initiative, IP Practice Group
member Prof. Mark F. Schultz, Southern Illinois
University School of Law traveled to Geneva to
monitor and report on developments at the World
Intellectual Property Organization’s discussion of its
Development Agenda. Prof. Schultz’s reports were
published at NGOWatch.org. The WIPO Coalition
is committed to monitoring developments at WIPO
meetings and will continue to report its progress.
The Labor and Employment Practice Group

Roger Clegg, President of the Center for Equal Opportunity, (left) and
Michael Rosman, General Counsel for the Center for Individual Rights,
appeared on a panel on law firm hiring practices and diversity organized by
the Labor and Employment Practice Group.

organized a panel at the National Lawyers Convention
entitled “Law Firm Hiring Practices and Diversity,”
which was moderated by Judge E. Grady Jolly of
the U.S. Court of Appeals for the Fifth Circuit and
featured Prof. Richard H. Sander of the University
of California, Los Angeles School of Law; Ms. Shirley
J. Wilcher, President of Wilcher Global; Stephen
F. Hanlon of Holland & Knight; Roger Clegg,
President and General Counsel of the Center for
Equal Opportunity and Michael E. Rosman, General
Counsel for the Center for Individual Rights.

 S pecial P rojects

T

The 2006 educational campaign consisted of
three elements: 1) events in various cities throughout those states on which we have chosen to focus,
2) unique scholarship on the state of state supreme
court jurisprudence written by top law professors
and practicing attorneys around the country, and 3)
facilitating media appearances by those scholars, attorneys, and other experts. The fall was an ideal time
to begin these initiatives, as judicial elections provide
a good “news peg” for focusing attention on court
issues and judicial reform. In states where there were
no elections, the State Courts Project began laying the infrastructure for future activity. Forty-five
state liaisons have been appointed to the project and
are actively working at the local level to educate and
inform the public about their state supreme court’s
recent decisions and the underlying election process.
The Federalist Society State Courts Project focused
on five states this past fall: Washington, Georgia,
Kentucky, Alabama, and Florida. White papers written
by local legal experts and law professors were released
in each of these states to state appellate court judges,
governor’s counsels, other government officials, select
corporate leadership, local policy organizations, the
press and the public. These papers highlight the courts’
most recent key rulings in a user-friendly way. The
Federalist Society also undertook a media project in
each state to generate press about the state supreme
court’s work in key areas (e.g., property rights and
crime), to educate the public about the judicial election
process and to foster debate about the proper role
of the courts. In conjunction with the release of the
white papers, media-trained legal experts who spoke
on their own behalf were made available to the press
for commentary on the papers and the proper role of

As part of the State Courts Project,
Holly Pierson, a practicing attorney
in Atlanta, co-wrote a white paper on
the Georgia Supreme Court.

The Federalist Society for Law and Public Policy Studies

THE FEDERALIST SOCIETY STATE COURTS PROJECT
he Federalist Society has successfully fostered
debate on legal principles and jurisprudence surrounding the federal courts since it inception in 1982.
Five years ago, the Society began its efforts to encourage such discussion on the state level as well. In the fall
of 2006, the Federalist Society State Courts Project
launched a vigorous educational campaign to encourage discussion amongst the public, opinion leaders and
the press about issues concerning the proper role of
state supreme courts and state judicial selection processes—issues which have received very little attention
in the past, yet are of vital importance in our constitutional system. The purpose of this effort is to provide
accessible information to the press and the public that
would serve as a springboard for real, meaningful debate
about what is actually at stake regarding the direction
of state constitutional and general legal jurisprudence.

the state supreme court. These legal experts acted as
featured guests on radio, were quoted in newspapers
and published op-ed articles. The white papers
themselves also served as a useful resource reference
for press covering the supreme court elections.
Of all the state supreme court races this election
season, Washington’s was the most closely watched.
With three incumbent justices facing well-funded
challengers, both the press and the general public
were unusually focused on the state’s highest court.
The Federalist Society co-presented the only debate
between the candidates before the September
primary, which received extensive local television
and newspaper coverage. The Society went on to
sponsor two more events before the election.
Georgia is another state where the supreme court
judicial race received more than the usual share of
national and state attention. This was in part due to
significant expenditures being made in one hotly
Marc Ayers, a Birmingham attorney,
wrote a white paper on the Alabama
Supreme Court for the State Courts
Project.

contested race. To help generate discussion about
judicial issues, the Federalist Society hired a polling firm to conduct pre-election surveys of potential
Georgia voters. They tested the awareness and understanding of the process by which supreme court
justices are elected as well as voters’ familiarity with
the Georgia Supreme Court and its decisions. The
pre-election survey also focused on voter awareness,
impression and opinion with respect to judicial activism, judicial restraint and the role of the courts.
The white paper was entitled The Predictable
Unpredictability of the Georgia Supreme Court and was
authored by practicing attorneys Robert Barker,
Annual Report Fiscal Year 2006

17

 S pecial P rojects
The Federalist Society for Law and Public Policy Studies

Holly Pierson and Ryan Teague. It paid particular
attention to recent case trends in criminal and tort law,
as well as cases that implicate separation of powers.
The Society also hosted three events in Georgia.

Self-Restraint—Some Examples, which was authored
by Professors Thomas C. Marks Jr. and Pamela Buha
from Stetson University College of Law in Tampa.

The Federalist Society also hosted two events to
The Supreme Court judicial election in Kentucky
discuss issues surrounding the Florida Supreme Court.
was notable because four of the seven seats were conOne was a debate addressing a lawsuit filed in Florida
tested. The Federalist Society published a white paper
that challenged the state bar rule setting forth what can
entitled “Eight Ways to
and cannot be answered
Sunday”:Which Direction,
by judicial candidates.
Kentucky Supreme Court?,
Though these five
which was co-authored
states were the central focus
by Paul Salamanca, law
of the State Courts Project
professor at University
thus far, significant initiaof Kentucky College of
tives were undertaken in
Law in Lexington, and
other states as well. Based
John Bush, an attorney
on the success of the Georin Louisville. The paper
gia polling, the Federalist
paid particular attention to
Society decided to survey
recent case trends in the
potential Oregon voters for
areas of tort and contract
their views on the Oregon
law, as well as cases that
Supreme Court and the
implicate separation of
judicial role. As in Georgia,
powers and the right to
the Oregon poll results
privacy. The white paper
revealed the citizens’ disapwas promoted throughout
proval of judicial activism:
the state as a launching
White Papers analyzing the jurisprudence of selected State Supreme Courts
an overwhelming majorpad for further discussion
were published by the Federalist Society through the State Courts Project.
ity (84%) believes judges
of the role of the Kenshould interpret the law as
tucky Supreme Court,
it is written and not take
and the paper was featured in The Louisville Courierinto account their own viewpoints and experiences.
Journal. As in Washington and Georgia, the FederalThe poll also showed that a majority (70%) have total
ist Society engaged in an effort to facilitate Prof.
trust and confidence in their state supreme court to
Salamanca’s and Mr. Bush’s participation in the
make fair decisions. The Federalist Society poll results
public discussion in Kentucky. A synthesis of the
were featured in The Oregonian and the Register Guard.
entire Federalist Society educational campaign in
The Federalist Society took initiatives to eduKentucky appeared on the “Townhall.com” blog.
cate Colorado citizens about state court issues with
Five of the nine justices on the Alabama Supreme
the publication of a white paper on the current state
Court were up for election. A white paper was comof the Colorado Supreme Court written by Colomissioned to address the court’s most notable decirado State Senator Shawn Mitchell and titled The
sions of the last two years. This white paper, written by
Colorado Supreme Court: Independence or Activism?
practicing Birmingham attorney and former Alabama
The impact of elections on judicial independence
Supreme Court clerk Marc Ayers was titled Staying
has also been questioned nationally by the Conference
the Course: An Update on the Alabama Supreme Court.
of Chief Justices. They want to determine whether
Although the state of Florida has non-partisan
judicial campaign finance, judicial speech on issues
retention elections and no judge in the history of
and grassroots activities such as voter guides, threaten
Florida has ever lost a retention election, the 2006
the independence of the state judiciary. RecognizFlorida retention process received more attention
ing the need to promote more dialogue on this subthan usual because of several recent high-profile
ject across state lines, the Federalist Society organized
Florida Supreme Court cases, including one where
a national event on judicial elections entitled “Are
the court struck down legislatively enacted school
Judicial Elections a Threat to Judicial Independence?
choice reform. The Federalist Society published a
A Conversation Between State Supreme Court Juswhite paper on the court’s recent decisions entitled
tices Harold F. See and Randall T. Shepard,” which
The Florida Supreme Court: Judicial Activism & Judicial
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Annual Report Fiscal Year 2006

A.
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 S pecial P rojects

took place at the National Press Club in Washington,
D.C. Timed exactly two weeks before the general
election, this event drew significant interest from
the press, including a live broadcast on C-SPAN.
A streaming video of the national debate is available for viewing on the State Courts Project page of
The Federalist Society website www.fed-soc.org.
Overall, the State Courts Project has sparked
a level of dialogue in the local press that has rarely,
if ever, taken place before. In particular, these activities facilitated a far more serious public debate during this fall’s judicial election process.
INTERNATIONAL LAW AND SOVEREIGNTY PROJECT
The concept of sovereignty is inextricably intertwined with the Western tradition of the Rule of Law.

The Federalist Society for Law and Public Policy Studies

U.S. Supreme Court
Chief Justice John Roberts
appeared before the Federalist Society’s London
Chapter and offered a
comparison between the
British and American legal
systems.

James P. Kelly, III (right) the Federalist Society’s Director of International
Affairs, and his wife Lisa visit with Pierre Masquart of the Society’s Paris
Chapter at the Convention.

project’s activities include attending and reporting
on the meetings of various international organizations, including UNESCO, the World Health Organization (WHO), the World International Property
Organization (WIPO), and the Council on Human
Rights, as well as the ongoing monitoring and reporting on the activities of many non-governmental
and international organizations through NGOWatch
www.ngowatch.org, a website created in partnership with the American Enterprise Institute.
As part of the project the Federalist Society has also established chapters in Paris, London,
and Brussels. These chapters go far in helping to
build the trans-Atlantic coalition that is necessary to maintain a vibrant dialogue about the role
of international law and the idea of sovereignty.
This year has seen many successful programs hosted
by the European Chapters. In September, the London Chapter, under the leadership of Bryant Edwards,
hosted a program featuring Chief Justice John Roberts at the Carlton Club in London. The Chief Justice
provided observations on his first year as head of the
United States Supreme Court and offered a comparison between the American and the British legal
systems before taking questions from the audience.

Chief Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the
D.C. Circuit and Boston University Law Dean Emeritus Ronald A. Cass
of the Center for the Rule of Law discussed judicial review on a tour of
Federalist Society European chapters.

Countries historically have been free to establish their
own laws without interference. In recent years, however,
foreign and international sources of law have begun
to be involved as a vehicle for creating and enforcing
new limiting principles on the concept of sovereignty.
In 2002, the Federalist Society established its
International Law and Sovereignty Project. The

In early December, the Federalist Society’s
European Chapters organized a week-long series of
conferences on the topic of judicial review, which
compared the American and European experiences
with judicial review. A panel discussion was hosted
by each of the three European Chapters. Chief Judge
Douglas H. Ginsburg of the U.S. Court of Appeals for
the D.C. Circuit and Boston University Law Dean
Emeritus Ronald A. Cass (who now runs the Center
for the Rule of Law) represented the American
viewpoint at each event and various members of
the European Court of Justice and national courts
Annual Report Fiscal Year 2006

19

 S pecial P rojects
The Federalist Society for Law and Public Policy Studies

Prof. Richard Garnett of Notre Dame Law School;
David Leitch, General Counsel to the Ford Motor
Company and former Deputy White House Counsel and Prof. John McGinnis of Northwestern Law
School. Judge Steven Colloton of the U.S. Court
of Appeals for the Eighth Circuit moderated.
The keynote luncheon address was given by
U.S. Supreme Court Justice Antonin Scalia and
included his reflections on the jurisprudence of Chief
Justice Rehnquist and their years on the court together.

U.S. Supreme Court Justices Antonin Scalia and Stephen G. Breyer
discuss constitutional interpretation at a program co-sponsored by the
Federalist Society and the American Constitution Society and moderated
by Jan Crawford Greenburg of ABC News.

presented the European perspective. The events
attracted a number of jurists and law professors.
The Federalist Society’s International Project has
also been very involved monitoring the activities of
various international organizations. The Federalist
Society has achieved observer status at WIPO, serves
on the U.S. National Commission to UNESCO
and is invited to attend many of their meetings. The
Federalist Society continues to send representatives to
these and other meetings of international organizations
as a means of monitoring activity and exposing
international policy makers to our programming and
scholarship. Reports of these meetings are published
on the NGOWatch website www.ngowatch.org.
LEGACY OF THE REHNQUIST COURT
On February 23, 2006, the Federalist Society
hosted a day-long conference on “The Legacy of the
Rehnquist Court” in the late chief justice’s hometown
of Milwaukee. As mentioned on pages 9 and 14,
the conference was co-sponsored and supported by
the Lynde and Harry Bradley Foundation and was
attended by more than 350 lawyers and students. The
first panel was a roundtable of Solicitors General,
and included: Paul Clement, current U.S. Solicitor
General; Walter Dellinger, Acting U.S. Solicitor General
under President Bill Clinton; and Theodore Olson,
former U.S. Solicitor General for the George W. Bush
Administration. The panel was moderated by Joseph
Kearney, Dean of Marquette University Law School.
The second panel discussed “The Jurisprudence of the Rehnquist Court and the Enterprise
of Judging.” Participants included Prof. Ann Althouse of the University of Wisconsin Law School;
20

Annual Report Fiscal Year 2006

SCALIA-BREYER CONVERSATION ON THE
CONSTITUTION
A special event held to commemorate the Federalist Society’s twenty-fifth anniversary was a lively
discussion between U.S. Supreme Court Justices
Antonin Scalia and Stephen G. Breyer to an overflow
crowd of 800 special invitees in Washington, D.C. last
December. The discussion was co-sponsored by the
Federalist Society and the American Constitutional
Society. The title of their exchange was “A Conversation on the Constitution: Perspectives from Active
Liberty and A Matter of Interpretation” and highlighted
their two very different views on the Constitution.
ABC News Supreme Court Correspondent Jan Crawford Greenburg moderated the discussion. It was aired
on C-SPAN and covered by all major networks. The
audio and video of the conversation between the Justices is available on our website at www.fed-soc.org.
THE LEGACY OF THE MEESE JUSTICE DEPARTMENT
In late January 2007, the Federalist Society’s next
event to commemorate its twenty-fifth anniversary year
took place at the Ronald Reagan Library in California
and examined the legacy of the Justice Department
under former Attorney General Edwin Meese. The
day-long event featured two panels. The first, entitled,
“The Meese Department of Justice: Its Accomplishments and Its Relevance Today,” consisted of former
Meese Justice Department officials. The second, entitled
“The Development of Originalism,” featured a number
of scholars who reflected on trends in constitutional
interpretation. In addition, the event featured a luncheon speech by former U.S. Solicitor General Theodore B. Olson and a live interview with General Meese
conducted by Prof. Gail Heriot of the San Diego
School of Law. The audio recording of this program is
also available on our website at www.fed-soc.org.

 The Federalist Society for Law and Public Policy Studies

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on is that the confirmation

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hat

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Al

ito
,G
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an . R
ted e
in aps
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r

ve
st

The Roberts-Alito Court

One conclusi
and
of both Chief Justice John Roberts
t
Judge Alito marks the most importan
since
domestic success for President Bush
legacy
his 2003 tax cuts. These look like
misstep,
picks. Despite the Harriet Miers
his camMr. Bush has now fulfilled one of
distinpaign promises. And with two
joining
jurists
guished conservative
Clarence
Justices Antonin Scalia and
it's been
Thomas, the Court is closer than
that can
in 50 years to having a majority
to its
restore Constitutional interpretation
founding principles.
ascenIn this sense, the Alito-Roberts
generadancy also marks a victory for the
earned
tion of legal conservatives who
Reagan
the
in
stripes
their
are
Justices
Administration. The two new
others
oth
o
both stars of that generation--many
courtsare scattered throughout the lower
poised to influence the
n
-and they aree now
Alll
and culture for 20 years or more.
law an
ay
seminarss may
Society seminar
st Society
Federaliist
those Federal
eese’s
Meese's
Ed Meese’s
Call itit Ed
off. Call
finally paid off.
have finally
revenge..
revenge
tts
The Roberts-Alito Court also represen
g, rebuke
a notable, and greatly satisfying
strategy.
for the legal left and its "borking"
courts as
They have long thought of the
have
their personal legislature, and they
to
shown they will do and say anything
they lost,
time
this
But
it.
keep control of
terms.
and on their own ideological
in
Senator Chuck Schumer declared
confir2001 that he wanted to turn judicial
y." The
mations into battles over "ideolog
doing
in
d
succeede
t
New York Democra
kso, but he ended up losing in a self-knoc
couldn't
out. One reason Democrats

ve
Democrats who remain in red states--fi
on in
of whom are up for re-electi
had no
November--saw all this and
liberal
appetite for a repeat in 2006. The
filibuster
interest groups that devised the
o talking
strategy and wrote the anti-Alit
and
points for Senators Ted Kennedy
much as
Patrick Leahy thus contributed as
tion.
anyone to Judge Alito's confirma
It's your
Congratulations, Ralph Neas.
finest hour.
any
While it's impossible to know how
issues,
new Justice will vote on specific
duo will
every indication is that the new
fit somewhere along the Court's conserva
Alito
tive-libertarian wing. With Judge
r,
replacing Justice Sandra Day O'Conno
moved
who in her later years had
can anticmarkedly left on the culture, we
racial
ipate more skepticism toward both
restrice
n-financ
preferences and campaig
tions on free speech.
for the
We can also expect more respect
the First
free exercise of religion clause in
invoAmendment, as opposed to the rigid
"wall"
clause's
ment
cation of the establish
state.
of separation between church and
for
We'd also hope for greater respect
g of
property rights, including a revisitin
, as well
last year's egregious Kelo decision
e
commerc
of
line
as a revival of the Lopez
for fedclause cases showing more respect
or not,
eralism. Roe v. Wade may survive,
al states
but we'd expect that individu
to enact
would receive more leeway
wishes
restrictions on abortion as per the
of their citizens.
a "conThis does not mean this will be
reliable
servative" Court, however. Four

five-vote
further to the left and retain a
y
liberal majority. This will be especiall
disputes
true on the polarizing cultural
tically.
democra
that are better solved
All of which means that the political
. It is
battles over the Courts will continue
another
possible Mr. Bush will get
his
Supreme Court nomination before
be
will
there
term ends. Even if he doesn't,
appellate
many crucial places on the
court
courts to fill. There are eight appealsof 15
nominees awaiting action and a total
slot on
vacancies, excluding Judge Alito's
the Third Circuit.
should
The White House and Senate
to fill
move with confidence and dispatch
in the
these openings with judges
Alito
Robertsnow
and
Thomas-Scalia
to
votes
the
mold, while they still have
surely
confirm them. One thing we've
of
learned from the past six months
elections
Supreme Court debate is that
do to
matter to the courts as much as they
ent.
governm
the other two branches of
any
While it's impossible to know how
issues,
new Justice will vote on specific
duo will
every indication is that the new
fit somewhere along the Court's conserva
Alito
tive-libertarian wing. With Judge
r,
replacing Justice Sandra Day O'Conno
moved
who in her later years had
can anticmarkedly left on the culture, we
racial
ipate more skepticism toward both
restrice
preferences and campaign-financ
tions on free speech.
for the
We can also expect more respect
the First
free exercise of religion clause in
invoAmendment, as opposed to the rigid

Annual Report Fiscal Year 2006

21

 P ublications
he Federalist Society has always placed a high premium on its ability to present balanced debate and non-partisan
information. To that end, the publications arm of the organization has grown apace with the organization itself,
so that there are now three regular newsletters dealing with various legal institutions, a scholarly journal of considerable length, a member magazine, and frequent white papers on a variety of topics. The organization screens its publications rigorously for objectivity and balance, feeling an obligation to its members in law schools, the bar, the judiciary
and elsewhere to provide quality material that is educational in the best sense of the word. When Society publications
do take a position, readers are directed to contrary viewpoints elsewhere, in an attempt to reach meaningful balance.

The Journal of the Federalist
Society
Practice
Groups

T

NOTA BENE
State-Level Protection for Good-Faith
Pharmaceutical Manufacturers
by Daniel Troy
The Vienna Convention and the Supreme Court:
Reaching the Limits of Internationalism?
by Kent Scheidegger
The McNulty Memorandum: Recent Modifications to Federal
Prosecutorial Policy Regarding Corporations
by George J. Terwilliger III
Standing in the Hot Seat: Climate Change Litigation
by Jonathan H. Adler
NSA Surveillance: The Litigation and its Implications
by Thomas R. McCarthy
The Blaine Amendment: Harbinger of Secularism?
Gerard V. Bradley
BOOK REVIEWS
Richard A. Posner’s Not a Suicide Pact, John Yoo’s
The Powers of War and Peace, Jerome Karabel’s The Chosen,
John Ashcroft’s Never Again
Volume 8, Issue 1

February 2007

Engage. The flagship of Federalist Society publications, Engage continues to appear twice a year in
print-bound version. Ideas are generated by our fifteen
Practice Group executive committees. Articles in 2006
discussed the parameters of Title III, the attorney-client privilege in corporate settings, Basel II, the right
to healthcare, Rapanos, Boy Scout cases, the size of the
Ninth Circuit, asbestos litigation and contested Voting
Rights Act provisions, among other things—including
reviews of many exciting book titles. Convention panels will appear online, per usual, in the spring (2007).
White Papers. The Federalist Society increasingly
turns out high level white papers focused on particular
issues or areas of interest. White papers on issues such
as Rapanos and the EPA’s New Source Review policy
are available on our website www.fed-soc.org. (White
papers published as part of the State Courts Project are
highlighted on Page 18.)

22

FEBRUARY
2007

ABA Considers Recommendations on Judicial Conduct, Gun
Control, & “Apology Legislation” at Mid-Year Meeting

Project of the
E.L. Weigand
Practice Groups

PAID

ABA
WATCH

Annual Report Fiscal Year 2006

he American Bar Association’s House
of Delegates will consider a number
of resolutions at its annual meeting in
Miami on February 12. If adopted, these
resolutions become official policy of the
Association. The ABA, maintaining that
it serves as the national representative of
the legal profession, may then engage in
lobbying or advocacy of these policies on
behalf of its members. At this meeting,
recommendations scheduled to be debated
include proposals concerning “apology
legislation,” diversity, domestic violence,
and gun control. What follows is a review
of some of the resolutions that will be
considered in Miami.
Model Code of Judicial Conduct
Recommendation 212, proposed
by the Joint Commission to Evaluate the
Model Code of Judicial Conduct, urges
the adoption of the revised Model Code
of Judicial Conduct, dated February 2007.

Among the proposed changes:
• Newly revised Canon 1 combines the
previous Canons 1 and 2, “placing at the
forefront of the document the judge’s duties
to uphold the independence, integrity,
and impartiality of the judiciary, to avoid
impropriety and its appearance, and to avoid
abusing the prestige of judicial office.”
• Rule 2.10, concerning judicial statements
on pending and impending cases, declares
“A judge shall not, in connection with cases,
controversies, or issues that are likely to come
before the court, make pledges, promises, or
commitments that are inconsistent with the
impartial performance of the adjudicative
duties of judicial office.”
• Canon 3 bars judges from belonging
to groups that discriminate based on
gender, ethnicity, and sexual orientation.
Previously, judges were only barred from
groups that banned members based on race,
Continued on page 14

Michael Wallace Speaks with the Federalist Society

M

ichael Wallace, then of Phelps Dunbar and currently of Wise, Carter, Child &
Caraway, was nominated by President George W. Bush to the United States Court
of Appeals for the Fifth Circuit on February 8, 2006. The American Bar Association’s
Standing Committee on Federal Judiciary, which rates judicial candidates post-nomination,
bestowed Wallace with a unanimous “not qualified” rating. Some critics of the Standing
Committee speculated that Wallace received this rating because of his past contentious
relationship with both current ABA President Michael Greco and the Association over
several Legal Services Corporation (LSC) issues, as Wallace served as an LSC board member
from 1984-90. In September, Wallace received a hearing before the United States Senate

INSIDE

The Federalist Society for Law and Public Policy Studies

T

ABA Partners with
Diverse Coalition In
Seeking Reforms to
Thompson Memo
Page 2
Department of
Education Reviews
ABA Law School
Accreditation
Standards
Page 3
National Right to
Work Legal Defense
Foundation Seeks
Participation in ABA
Labor Conference
Page 6
ABA President
Criticizes Charles
Stimon’s Remarks
about Guantanamo
Lawyers
Page 7
ABA Testimony in
Michael Wallace
Nomination
Page 8

Continued on page 11

ABA Watch. One of the most popular publications, ABA Watch is a semiannual newsletter, timed to
coincide with the American Bar Association’s mid-year
and annual meetings and meant to help readers form an
independent opinion of the organization. The winter
issue featured an interview with president-elect Karen
Mathis, discussion of the ABA’s role in War on Terror
civil liberties cases, future resolutions to be addressed by
the organization, and the rating given to then-nominee
for the Supreme Court, Samuel Alito. August saw more
on the War on Terror, this time the separation of powers issues, in addition to pieces on the ABA’s Standing
Committee on the Federal Judiciary, its new “diversity”
standards for law schools, and resolutions to be considered for the upcoming ABA meeting. The ABA Watch
will continue to provide information on the Association to assist others in making a rounded assessment of
its role and influence in the American legal system.

 P ublications
C OURT

DocketWatch

®

Washington Union Fees Law Goes to Supreme Court

The Washington “Opt-in” Statute
Washington is one of a number of states
that authorizes union security agreements.
These agreements require both union and
non-union members to contribute dues for
costs related to collective bargaining. The
non-union members’ dues are referred to
as “agency shop fees,” but are functionally
equivalent to union dues.2 A portion of all
the member and non-member dues are used
to support political and ideological causes.
Non-members opposed to these causes can
receive a rebate after going through a lengthy
process.

APRIL 2007

by Andy Cook
In 1992, Washington voters passed
Initiative 134, which, among other things,
required unions to seek “affirmative
authorization” from non-union members
prior to using their money for political
purposes. The initiative was codified as
Wash. Rev. Code § 42.17.760 (“§760”).
T h e l a w p r ov i d e s t h a t l a b o r
organizations “may not use agency shop fees
paid by an individual who is not a member
of the organization to make contributions
or expenditures to influence an election
or to operate a political committee, unless
affirmatively authorized by the individual.”
This provision is known as the “opt-in”
procedure. Instead of requiring non-union
members to first object, or opt-out, the
statute places the burden on the unions to
seek authorization before using the fees for
political purposes.
Washington Education Association’s
Use of Nonmember Dues for
Political Purposes
The Washington Education Association
(WEA) is the statewide union which
Continued on page 14

Missouri Supreme Court Rejects Workers
Compensation Litigation by John Hilton

F

red Schoemehl sustained an on-the-job knee injury in May 2001, and filed a claim
for workers’ compensation benefits against his employer and against the Treasurer
of the State of Missouri in her capacity as custodian of the state’s Second Injury Fund.1
Because of the severity of his injury, Mr. Schoemehl was awarded Permanent Total
Disability (PTD) benefits for the rest of his life, beginning in December 2003. One
month later, however, Mr. Schoemehl died of causes unrelated to the knee injury. His

INSIDE

T

he United States Supreme Court
will decide this term an important
case involving the use of union fees for
political purposes. Specifically, the Court
will determine the constitutionality of a
Washington law which requires unions to
obtain affirmative authorization from nonmembers prior to using their fees for political
purposes. At issue is whether the Washington
Supreme Court erred when it ruled that the
state’s “opt-in” provision violates unions’ First
Amendment rights.1

Class Action Watch. Published to apprise both
Federalist Society membership and the public at
large of recent trends and cases in class action litigation, Class Action Watch has in the past reported
on such items as the Class Action Fairness Act and
how it was interpreted by courts, Proposition 64
and the Unfair Competition Law, and the obesity
class action suit against McDonald’s Corporation.

The Federalist Society for Law and Public Policy Studies

S T A T E

THIS
ISSUE
Washington Union Fees Law
Goes to Supreme Court
Missouri Supreme Court
Extends Workers
Compensation Benefits
Gay Marriage in the State
Courts: New Jersey
Georgia Supreme Court
Strikes Down Asbestos
Litigation Reform
Alabama Supreme Court
Considers Companion
Separation of Powers
Challenges

Continued on page 12

FEBRUARY 2007

www.fed-soc.org

2006
National
Lawyers
Convention
Inside:
Student Chapter Update
Lawyers Chapter Update
International Chapter Update
State Courts Project
Faculty Division

State Court Docket Watch. This newsletter, appearing four times in the year and largely composed
by members of the Society’s Lawyers Chapters, reports on noteworthy trends, interesting decisions and
controversial cases. The newsletter is mailed to every state appellate judge and state attorney general,
many trial judges, and an extensive list of corporate
general counsels. Issues covered in the past include
eminent domain, same-sex marriage, product liability, preemption, standing, term limits and others.

Class
Action Watch

MARCH
2007

The Vioxx Litigation

I. Personal Injury Class Actions
Many seek to try personal-injury cases
as a class action. There is very little chance
a nationwide personal-injury class will be
certified in any jurisdiction. Pharmaceutical
products liability litigation requires the
substantive law of fifty different states, and
product liability law (as well as the learned
intermediary defense) has substantial

by Ted Frank
differences from state to state,
making a class impossible. “No
class action is proper unless
all litigants are governed by
the same legal rules.”1 This is
because variations in state law
may swamp any common issues
and defeat predominance.”2
Thus, In re Vioxx Products Liability Litigation
held that a nationwide personal-injury class was
inappropriate in the Vioxx litigation.3
Moreover, as Judge Fallon noted, the
individualized issues are complex:
The plaintiffs’ allegations that Merck failed to
warn doctors adequately regarding the alleged
health risks of Vioxx––whether they sound in
strict liability or negligence––necessarily turn on
numerous individualized issues such as: the alleged
injury; what Merck knew about the risks of the
alleged injury when the patient was prescribed
Vioxx; what Merck told physicians and consumers
about those risks in the Vioxx label and other
media, what the plaintiffs’ physicians knew about
these risks from other sources, and whether the
plaintiffs’ physicians would still have prescribed
Vioxx had stronger warnings been given.

Constitutional due process demands Merck
have the opportunity to defend against each case
individually: “one set of operative facts would
Continued on page 14

Welding Fume: A Disappearing Mass Tort?

O

ver the last several years, a number of prominent plaintiffs’ attorneys have targeted
the welding industry with lawsuits that allege that exposure to the manganese
in welding fumes causes neurological disorders. These attorneys have blanketed
airwaves and billboards with advertisements, held mass screenings, briefed analysts about
the threat that this litigation poses to large welding manufacturers, and filed thousands of
lawsuits in federal and state courts, in the hopes of bringing the industry to its knees and
forcing a large settlement.1
In recent years, all but one of the welding fume trials resulted in defense verdicts
(the one exception was in Madison County). Defendants have undertaken discovery
efforts, revealing numerous fraudulent claims that raise questions about the plaintiffs’
Continued on page 9

INSIDE

O

n September 30,
2004, Merck
withdrew its
painkiller Vioxx from the
market because of a study
showing a small but statistically
significant increase in risk of
cardiovascular events from
long-term usage of the drug. What had
been a trickle of litigation over the drug
became a flood. As of January, there were
over 27,000 personal-injury lawsuits
involving over 45,000 plaintiff groups, and
another 265 putative class actions filed.
Plaintiffs’ attorneys, it seems, are using
the procedural class-action mechanism to
achieve substantive advantages in litigation.
The vast majority of the class actions
Merck faces can be placed in one of four
categories.

The Vioxx
Litigation
Welding Fume:
A Disappearing
Mass Tort?
Fraud Ruling
in Cleveland
Asbestos
Litigation

A Day at Guantanomo Bay

The Federalist Paper. The in-house magazine of
The Federalist Society, the Paper comes out in the winter, summer and fall. Highlighting some of the activities and events of Society Chapters, Practice Groups
and individual members, the magazine is meant to give
members a sense of the kind of engagements occupying particularly active chapters and Practice Groups.
Each division of the Society reports on some of the
more noteworthy events of the past season and includes
reports on the annual Student Symposium and yearly
Lawyers Convention. The State Courts and International Law Projects provide updates on their respective
doings as well. The Federalist Society’s newest component, the Faculty Division, contributed in the first
issue of 2007. Especially noteworthy announcements
are also made as to member professional developments.

The Milberg
Weiss
Indictment
New Trend in
Illinois Supreme
Court Rulings?
Campbell v. Air
Touch Cellular
d.b.a. Verizon
Wireless

Annual Report Fiscal Year 2006

23

 I nstitutional B enefactors

A

The Federalist Society for Law and Public Policy Studies

s the various charts on the inside back cover
of this report demonstrate, the Federalist Society has been growing at a fast pace since 2003. This
growth trend includes our revenue which reached an
all time high of $7.3 million this fiscal year, an 11%
increase over 2005. Increased revenue is essential if
we are to sustain, and indeed, continue to build our
vital network of able individuals who can participate
fully in the national conversation regarding traditional
legal principles in law and policy. These major accomplishments would not have been possible without
the continuing financial support of those who believe in our mission, especially those who are members of the James Madison Club. Membership in the
James Madison Club is open to those who contribute
$1,000 or more annually to the Federalist Society. In
recognition of the commitment of these individuals, foundations and corporations, a list of the current
members of the James Madison Club appears below:

U.S. Supreme Court Justice Samuel Alito chats with Federalist Society
Executive Vice President Leonard Leo and James Madison Club Member
Lawrence Auriana of New York after the Justice’s speech at the Annual Dinner.

The William E. Simon Foundation
Paul Singer
Trof, Inc.
United States Chamber of Commerce
Yancey Bros. Co.

2006 JAMES MADISON CLUB ROSTER
MADISON CLUB GOLD
($50,000 OR MORE)
Anonymous (2)
American Justice Partnership
Robin Arkley II
Lawrence Auriana
Lynde and Harry Bradley Foundation
Castle Rock Foundation
Coca-Cola Bottlers’ Association
Cortopassi Institute
DaimlerChrysler Corporation
Shelby Cullom Davis Foundation
Donors Capital Fund
The Earhart Foundation
Gerard Health Foundation, LLC
Gibson, Dunn & Crutcher Foundation
Frank and Sally Hanna
The Holman Supporting Foundation
The J.P. Humphreys Foundation
Hunton & Williams
IFPMA
Ewing Marion Kauffman Foundation
Charles G. Koch Charitable Foundation
David Koch
Koch Industries
The Claude Lambe Charitable Foundation
Law Enforcement Defense Fund
Robert and Diane Levy
The Lilly Endowment, Inc.
The Marcus Foundation, Inc.
Pfizer Inc
The John William Pope Foundation
Andrew Redleaf
The Sarah Scaife Foundation
Searle Freedom Trust
24

Annual Report Fiscal Year 2006

MADISON CLUB SILVER
($25,000 TO $49,999)
Anonymous (1)
APCO Worldwide
AT&T
Michael and Lillian BeVier
Civil Justice Reform Group
The Richard & Helen DeVos Foundation
Fieldstead and Company
Pierre & Enid Goodrich Foundation
The J.M. Foundation
The F.M. Kirby Foundation, Inc.
Knights of Columbus
Philip McKenna Foundation
Microsoft Corporation
Jack Miller
Benjamin Navarro
Mitt and Ann Romney
The Rosenkranz Foundation
Raymond Ruddy
John and Carol Saeman
The Stuart Family Foundation
Verizon Communications
MADISON CLUB BENEFACTORS
($10,000 TO $24,999)
Anonymous (5)
Aflac, Incorporated
American Tort Reform Association
Arnold Aronoff
Ceres Foundation
Chase Foundation of Virginia
Coors Brewing Company
Douglas Cox

 DLA Piper
The Hugh and Hazel Darling Foundation
The Dell Foundation
J. Christopher Donahue
The William H. Donner Foundation
Donor’s Trust, Inc.
William Edgerly
ExxonMobil Foundation
General Motors Foundation
Greenburg Traurig
The Gulton Foundation
The Hilton Family Foundation
The Jewish Communal Fund
The Michael & Rosalind Keiser Charitable Trust
Randy Parris Kendrick
The Lakeside Foundation
The Lehrman Institute
Mayer, Brown, Rowe & Maw LLP
Merck & Company
Modzelewski Charitable Foundation
Patton Boggs LLP
The Ruth & Lovett Peters Foundation
Adam and Tara Ross
Sullivan & Cromwell, LLP

James Madison Club members Mary Beth Buchanan and Erika Birg at the
Federalist Society Annual Dinner.

Hatton Sumners Foundation
Sheila Walpin
White & Case
Wiley, Rein & Fielding
MADISON CLUB SUSTAINING MEMBERS
($5,000 TO $9,999)
Akin Gump Strauss Hauer & Feld
Alston & Bird
American Council of Life Insurers
Bartlit Beck Herman Palenchar & Scott LLP
Gregory L. Barton
Wendell Bird
Roger Brooks
William Carey
Ying Chen
ChevronTexaco
CIGNA

The Federalist Society for Law and Public Policy Studies

I nstitutional B enefactors

James and Allyson Ho of Dallas flank U.S. Secretary of Labor Elaine
Chao at the James Madison Club reception before the Annual Dinner.

CIGNA Foundation
Contran Corporation
Cooper & Kirk PLLC
Covington & Burling
Crown, Cork & Seal
Dickstein Shapiro LLP
Edward Diefenthal
John Donahue
Drinker Biddle & Reath LLP
Goodwin Procter LLP
Bruce Harrington
The Grover Hermann Foundation
Howrey Simon Arnold & White LLP
Jones Day Foundation
Kirkland & Ellis Foundation
Kramer Investment Corp.
The Vernon K. Krieble Foundation
Latham & Watkins LLP
Joseph McLaughlin
Francis J. Menton, Jr.*
The Munger, Tolles and Olson Foundation
National Mining Association
Carl W. Nuessle
O’Melveny & Myers
Ogletree Deakins
Paul, Hastings, Janofsky & Walker LLP
Raytheon Corporation
Rodney Fund
The Roe Foundation
Daniel Schuchman
Nicholas Swenson
Sidley Austin LLP
Joseph and Mary Smith
Spriggs & Hollingsworth
Steptoe & Johnson LLP
TimeWarner
Troutman Sanders LLP
Tyco International
Herbert W. Vaughan*
Venable LLP
The John Welch Foundation
Wilmer Hale LLP
Wilson Sonsini Goodrich & Rosati
Winston & Strawn LLP
Michael Wigley
Annual Report Fiscal Year 2006

25

 I nstitutional B enefactors
The Federalist Society for Law and Public Policy Studies

Shook, Hardy and Bacon, L.L.P.
Paula Stannard*
Strake Foundation
Frank B. Strickland
Peter A. Thiel
Charles Vasilius
Daniel J. Woodring
Zappala Family Foundation

Prof. Richard Epstein of Chicago Law School and Andrew Redleaf, a James
Madison Club member from Minneapolis and a member of the Federalist
Society’s Board of Visitors, discuss current events with John Fund of
OpinionJournal.com at the Annual Dinner.

MADISON CLUB SUPPORTING MEMBERS
(2,000-$4,999)
Anonymous (3)
Edward C. Anderson
Emil Arca
Thomas K. Armstrong Foundation
Jodi Balsam
J. Christopher Bartolomucci
Susan Braden
James L. Broadhead
Will Chou
Gregory S. Coleman
The G.L. Connolly Foundation
Theodore M. Cooperstein*
Paul LeRoy Crist
Nina Cunningham
Jack David
Antoinette and Paul DeCamp
Anne Eldridge
Robert J. Ernst III
Michael C. Flynn
Sandra J. Hecker
John and Lois Herrington*
Hogan & Hartson L.L.P.
Judith Jacobs*
Letty Lutzker*
Douglas Kirk Mayer
Joanne and Fred Medero
Douglas T. Nelson
D. Joseph Olson
San W. Orr Jr.
Wiliam and Lee Otis*
Roger Pilon
Paul E. Pisano
Potomac Counsel, LLC
Wm. Bradford Reynolds*
David B. Rivkin
Leslie Rose*
Sheldon Rose*
26

Annual Report Fiscal Year 2006

MADISON CLUB MEMBERS
($1,000-$1,999)
Anonymous (1)
Alden Abbott
Douglas Anderson
John S. Baker Jr.
Clayton Robert Barker
Randy E. Barnett
James T. Barry III
Jan Coxe Berlage
George W. Bermant
Heidi Bernheim

Convention participants James Rockett, Warren Belmar, Assistant Attorney
General Eileen O’Connor of the U.S. Department of Justice’s Tax Division, Judge Carlos Bea of the U.S. Court of Appeals for the Ninth Circuit,
and Judge Ray Randolph of the U.S. Court of Appeals for the D.C.
Circuit enjoy each other’s company at the reception following the Barbara
K. Olson Lecture.

Lawrence Bernheim
Anthony Biller
Erika Birg
Stewart Birn
Francis S. Blake*
C.H. Boyle Foundation
Jennifer Braceras
David A. Brandon Foundation
Uzzell Branson
Barbara Bruin
John Stewart Bryan III*
Mary Beth Buchanan
W. Stephen Cannon
Willard Z. Carr
Anthony T. Caso
Ron Cass
Susan Cass

 I nstitutional B enefactors

Ernest S. Christian
Shannen W. Coffin
Jonathan Cohn and Rachel Brand
Sean C. Connors
Charles J. Cooper
Trevor K. Copeland
Ralph Coti
Carol T. Crawford
Ted Cruz
Richard J. Cummins
Paul E. Dans
Robert C. Dinerstein
Sara Church Dinkler
Susanna Dokupil
Elizabeth K. Dorminey
Pete and Elise duPont
Bryant B. Edwards
Chris W. Ekren
William J. Emanuel
Epstein, Becker & Green PC
L. Jackson Etheridge*
James L. Ewing IV
Fred F. Fielding
Daniel R. Finley
John J. Fisher
Mark E. Foster
Theodore Frank
Tim Franzen
Christopher and Courtenay Gabriel
Curtis Gannon
William L. Garwood
Cary Gaylord
Thomas F. Gede
Charles P. Gilliam
Robert J. Giuffra, Jr.
Elizabeth Dallas Gobeil
James L. Graham
Geoffrey L. Graybill
Gregory Grimsal
Michael and Maria Elena Hall
Eric D. Hargan*
Steve Hartung
Brent O. Hatch
Robert C. Hawk

The Federalist Society for Law and Public Policy Studies

James Madison Club members James Barry of Milwaukee and Dean
James Huffman of Lewis and Clark Law School in Portland visit at the
Convention.

Jim A. Haynes
Gail Heriot
Karl Hirshman
Robert H. Hishon
James and Allyson Ho
Joe G. Hollingsworth
Mark V. Holmes
James Huffman
J.C. Huizenga
William T. Huston*
Charles Hwang
Nancy Iredale
Paul Jacobson
Erik S. Jaffe
William Jernigan
Paul D. Jones
Clark Judge
Paul J. Kaleta

Jack Park and W. Thomas Haynes, Executive Director of the Coca-Cola
Bottlers’ Association, catch up at the National Lawyers Convention in
Washington, D.C.

Shahab S. Karmely
Thomas J. Kavaler
Lawrence Keane
Orin S. Kerr
Manny Klausner
Howard Klein
Raymond J. LaJeunesse, Jr.
Grant Lally*
Kenneth K. Lee
Andrew W. Lester*
Raymond W. Leyden
Robert Lofts
Wendy Long
Gregory Maier
Donald W. Maliniak
MaryRose Manczak
Karen L. Manos
Edmund R. Manwell
Steve A. Mathews
Letty McAdams
Sean M. McAvoy
Robert D. McCallum
Simone Mele
Annual Report Fiscal Year 2006

27

 I nstitutional B enefactors
The Federalist Society for Law and Public Policy Studies

Roger Milliken
Mark D. Mittleman
Hashim Mooppan
Edward A. Moritz
Richard T. Morrison
Peter Mulloney
William Mumma
Mark Nance
Richard C. Neal
Jeffrey T. Nielson
Coleman Nutter*
James O’Connell
John E. O’Neill
John C. O’Quinn
Kevin O’Scannlain
Robert C. Odle, Jr.
Thomas P. Ogden
Ian Marshall Ogilvie
Dwight D. Opperman
Donald L. Padgitt
Robert Parker
Scott M. Pearson
Eric J. Pelton
Mark A. Perry
Holly A. Pierson
Stephen D. Poss
George Priest
Alfred W. Putnam, Jr.
Alan C. Raul
Alfred S. Regnery
John L. Reynen
Richard Rideout
James F. Rill*
Bradley Robins
James M. Rockett
Ronald D. Rotunda
John L. Ryder
Christopher Saari and Sarah O’Dowd
Robert H. Scarborough
Gene C. Schaerr
Peter Carey Schaumber
Donald Shawler
Robert P. Sheils, Jr.
John Simkiss
Douglas G. Smith
John A. Smyth, III
Abraham Sofaer*
John J. Soroko*
Kenneth W. Starr*
Nicholas John Stathis*
Mark O. Stern
Charles Henry Still
Roger & Susan Stone Foundation
Robert L. Strickland*
Willliam and Genevieve Strong Foundation
Rod Sullivan
Heath Price Tarbert
Michael Thielen
Larry D. Thompson
28

Annual Report Fiscal Year 2006

Michael and Janet Tierney
Grey Till, Jr.
Kate Comerford Todd
Eric W. Treene
United States Steel Foundation
E. Peter Urbanowicz
G.L. Jidge Verity
Vincent J. Vitkowsky
Bonnie K. Wachtel*
Michael B. Wallace
John L. Warden
Lynn D. Wardle
David Weinstein
Hill B. Wellford
Steadman H. Westergaard
James Q. Whitaker
Rando B. Wick
J. Michael Wiggins
Richard E. Wiley
Richard K. Willard*
Michael F. Williams
John Witten
Douglas H. Wood
Rebecca K. Wood
Joseph Woodford

Judge Frank Easterbrook, U.S. Court of Appeals for the Seventh District,
Prof. Nicholas Quinn Rosenkranz of Georgetown University Law Center
and member of the Federalist Society Board of Visitors, and Prof. Nita
Farahany of Vanderbilt University Law School chat at the Convention.

Christopher A. Wray
Stephen T. Yelverton
Julius J. Zschau
FEDERALIST SOCIETY PATRONS
($500-$999)
Anonymous (2)
Gary Adams
Paul Atanasio
James Barker
Bob Barr
William Barrett
Gregory L. Barton
Warren Belmar
Bradford Berenson
Tanya Birdwell

 I nstitutional B enefactors

Mark Brnovich
Edmund N. Carpenter
Adam H. Charnes
Jeffrey B. Clark
James A. Cooke
Michael J. Coster
John T. Delacourt
Paul J. Dostart
Joe D. Edge
Stephen Erickson
John Evangelakos
George Frazza
Jerry B. Fulmer
Paul V. Gadola
Garvey Kansas Foundation
Dorothy Gray*
David S. Herrington
The Huizenga Foundation
Mrs. Noel E. Johnson
Howard J. Klein
Arthur Kniffen
Jack Kress
Marc R. Lisker
Margaret A. Little
Nobles Lowe
Brian Maas
Minke Foundation
Joseph W. Morris
Thomas C. Morrison
Peter D. Mullholland
Glen Nager
Mary B. Neumayr
Dennis Nolan
Eileen O’Connor
Charles M. Oellermann
James W. O’Mara
John J. Park, Jr.
Oscar N. Persons
Charles J. Queenan, Jr.
Robert J. Reagan
Larry Edward Ribstein

The Federalist Society for Law and Public Policy Studies

Stephen and Stephanie Hessler and Judge Danny Boggs of
the U.S. Court of Appeals for the Sixth Circuit visit at the
Annual Dinner..

Michael R. Rosman*
Gerald E. Rupp
W. Jeffrey Schmidt
Maimon Schwarzschild
Arthur L. Scinta*
Robert M. Segal
Loren A. Smith
Paul E. Sullivan
Richard Sullivan
Jeffrey P. Taft
Clifford W. Taylor
Paul M. Terrill III
Donald G. Tober
Jobie Turner
Scott M. Univer
Roger Yurchuck

Student Chapter
President of William
and Mary Law School
Andrew Knaggs chats
with James Madison
Club member Simone
Mele.

*Denotes individuals who are Founding Members of the
James Madison Club..

Annual Report Fiscal Year 2006

29

 F ederalist S ociety C hapters
STUDENT CHAPTERS

The Federalist Society for Law and Public Policy Studies

AKRON
ALABAMA
ALBANY
AMERICAN
APPALACHIAN
ARIZONA
ARIZONA STATE
ARKANSASFayetteville
ARKANSASLittle Rock
AVE MARIA
BALTIMORE
BARRY
BAYLOR
BERKELEY-Boalt
BOSTON COLLEGE
BOSTON UNIVERSITY
BRIGHAM YOUNG
BROOKLYN
BUFFALO
CALIFORNIA WESTERN
CAMPBELL
CAPITAL
CARDOZO
CASE WESTERN
RESERVE
CATHOLIC
CHAPMAN
CHICAGO
CHICAGO-KENT
CINCINNATI
CITY UNIVERSITY
NEW YORK
CLEVELAND STATE
COLORADO
COLUMBIA
CONNECTICUT
CORNELL
CREIGHTON
CUMBERLAND
DAVIS, CALIFORNIA
DAYTON
DENVER
DEPAUL
DETROIT-Mercy
DICKINSON-Penn State
DISTRICT OF
COLUMBIA
DRAKE
DUKE
DUQUESNE
EMORY
FLORIDA
FLORIDA A&M
FLORIDA COASTAL
FLORIDA
INTERNATIONAL
FLORIDA STATE
FORDHAM
FRANKLIN PIERCE
GEORGE MASON
GEORGE WASHINGTON
GEORGETOWN
GEORGIA
GEORGIA STATE
GOLDEN GATE
GONZAGA
HAMLINE
HARVARD
HASTINGS
HAWAII
HOFSTRA

30

2

2
2

HAWAII

4

9

3

HOUSTON
HOWARD
IDAHO
ILLINOIS
INDIANA-Bloomington
INDIANA-Indianapolis
INTER AMERICAN
PUERTO RICO
IOWA
JOHN MARSHALL-Atlanta
JOHN MARSHALLChicago
JUDGE ADVOCATE
GENERAL SCHOOL
KANSAS
KENTUCKY
LEWIS & CLARKNorthwestern
LOUISVILLE
LOYOLA-Chicago
LOYOLA-Los Angeles
LOYOLA-New Orleans
LSU
MAINE
MARQUETTE
MARYLAND
McGEORGE
MEMPHIS
MERCER
MIAMI
MICHIGAN
MICHIGAN STATE
MINNESOTA
MISSISSIPPI
MISSISSIPPI COLLEGE
MISSOURI-Columbia

Annual Report Fiscal Year 2006

2

MISSOURI-Kansas City
MONTANA
NEBRASKA
NEVADA-Las Vegas
NEW ENGLAND
NEW MEXICO
NEW YORK
LAW SCHOOL
NORTH CAROLINA
NORTH CAROLINA
CENTRAL
NORTH DAKOTA
NORTHEASTERN
NORTHERN ILLINOIS
NORTHERN
KENTUCKY
NORTHWESTERN
NOTRE DAME
NOVA SOUTHEASTERN
NYU
OHIO NORTHERN
OHIO STATE
OKLAHOMA
OKLAHOMA CITY
OREGON
PACE
PENNSYLVANIA
PEPPERDINE
PITTSBURGH
PONTIFICAL CATHOLIC
UNIVERSITY OF
PUERTO RICO

PUERTO RICO
QUINNIPIAC
REGENT
RICHMOND
ROGER WILLIAMS
RUTGERS-Camden
RUTGERS-Newark
ST. JOHN’S
ST. LOUIS
ST. MARY’S
ST. THOMAS-Miami
ST. THOMAS-Minneapolis
SAN DIEGO
SAN FRANCISCO
SANTA CLARA
SEATTLE
SETON HALL
SOUTTHERN
CALIFORNIA
SOUTH CAROLINA
SOUTH DAKOTA
SOUTH TEXAS
SOUTHERN
NEW ENGLAND
SOUTHERN ILLINOIS
SOUTHERN TEXAS
SOUTHERN
UNIVERSITY
SOUTHWESTERN
SMU

STANFORD
STETSON
SUFFOLK
SYRACUSE
TEMPLE
TENNESSEE
TEXAS
TEXAS SOUTHERN
TEXAS TECH
TEXAS
WESLEYAN
THOMAS COOLEYLansing
THOMAS COOLEYGrand Rapids
THOMAS COOLEYRochester
THOMAS JEFFERSON
TOLEDO
TOURO
TRINITY
TULANE
TULSA
UCLA
UTAH

 The Federalist Society for Law and Public Policy Studies

F ederalist S ociety C hapters

4
6

2

32

2

2

2
6

7

2
3

2
2

2
2

2

6

2

3
2

3

Student Chapters
Lawyers Chapters

2

2

4
2

VALPARAISO
VANDERBILT
VERMONT
VILLANOVA
VIRGINIA
WAKE FOREST
WASHBURN
WASHINGTON
WASHINGTON (St. Louis)
WASHINGTON & LEE
WAYNE STATE
WEST VIRGINIA
WESTERN NEW
ENGLAND
WESTERN STATE
WHITTIER
WIDENER-Wilmington
WIDENER-Harrisburg
WILLAMETTE
WILLIAM & MARY
WILLIAM MITCHELL
WISCONSIN
WYOMING
YALE

2
3
4

LAWYER CHAPTERS
ALASKA
ALBANY
ATLANTA
AUSTIN
BALTIMORE
BIRMINGHAM
BOSTON
CHARLESTON
CHARLOTTE
CHICAGO
CINCINNATI
CLEVELAND
COLUMBUS
COLORADO
DALLAS
DETROIT
GRAND RAPIDS
GREENVILLE
HARTFORD

HOUSTON
IDAHO
INDIANAPOLIS
IOWA
JACKSONVILLE
KANSAS-Wichita
KANSAS CITY
LAS VEGAS
LEXINGTON
LITTLE ROCK
LONG ISLAND
LOS ANGELES
LOUISVILLE
MEMPHIS
MIAMI
MILWAUKEE
MINNEAPOLIS
MISSISSIPPI
MONTGOMERY

NASHVILLE
NEBRASKA
NEW JERSEY
NEW MEXICO
NEW ORLEANS
NEW YORK CITY
NORFOLK
NORTH COAST (CA)
OKLAHOMA CITY
ORANGE COUNTY
ORLANDO
PHILADELPHIA
PHOENIX
PITTSBURGH
PORTLAND
PUGET SOUND
RALEIGH
RICHMOND
SACRAMENTO

ST. LOUIS
SALT LAKE CITY
SAN DIEGO
SAN FRANCISCO
SILICON VALLEY
SOUTH CAROLINA
TALLAHASSEE
TAMPA BAY
TULSA
WASHINGTON, DC
WILMINGTON
WYOMING

Annual Report Fiscal Year 2006

31

 F inancial S tatements
The Federalist Society for Law and Public Policy Studies

Annual Report Fiscal Year 2005

32

 F inancial S tatements
The Federalist Society for Law and Public Policy Studies

EXHIBIT A

Exhibit A

Annual Report Fiscal Year 2005

33

 F inancial S tatements
The Federalist Society for Law and Public Policy Studies

Annual Report Fiscal Year 2005

34

 F inancial S tatements
The Federalist Society for Law and Public Policy Studies

EXHIBIT B

EXHIBIT C

Annual Report Fiscal Year 2005

35

 F inancial S tatements
The Federalist Society for Law and Public Policy Studies

Exhibit B

END OF AUDITED FINANCIAL STATEMENTS
36

Annual Report Fiscal Year 2005

 NATIONAL CONFERENCE ATTENDANCE

FEDERALIST SOCIETY MEMBERSHIP GROWTH

National Lawyers Convention and Student Symposium

Local and National Involvement

45,000

3,000
Student Symposium

40,000

Lawyers Convention

2,500

35,000
30,000

2,000
Total
Attendance

Members

25,000

1,500
20,000
15,000

1,000

10,000
500

5,000
0

0

2002

2002 2003 2004 2005 2006

2003

Calendar Year

2004

2005

2006

Calendar Year

FEDERALIST SOCIETY REVENUE GROWTH

FEDERALIST SOCIETY PROGRAM GROWTH

$8,000,000

1,400
Practice Groups
1,200

$7,000,000

Lawyers Chapters
Students

1,000

$6,000,000
$5,000,000
Revenue
$4,000,000

800
Total
Number of
Programs
600

$3,000,000
400
$2,000,000
200
$1,000,000
0
2002

2003

2004

2005

0

2006

2002 2003 2004 2005 2006
Calendar Year

Calendar Year

FEDERALIST SOCIETY EXPENDITURES-FISCAL YEAR 2006
6%

8%
General Management
Development

86%

Programming

 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