All sessions for this workshop will be held in the East Ballroom, Third Floor, Hilton New York, unless otherwise stated.
9:15 - 9:30 a.m.
Welcome
John H. Garvey, AALS President-elect and Boston College Law School
9:15 - 9:30 a.m.
Introduction
Keith Aoki, University of California at Davis School of Law and Chair, Planning Committee for Workshop on Local Government at Risk
9:30 a.m. - 10:45 a.m.
Cooperative or Clashing Federalism
Moderator: F. Michael Higginbotham, University of Baltimore School of Law
Speakers: David Jeremiah Barron, Harvard Law School
Jamin Ben Raskin, American University Washington College of Law
Natsu Taylor Saito, Georgia State University College of Law
Using immigration and related fields, the panel will discuss the complex intersection between national security, state sovereignty, and the fundamental hands-on force of municipal government. Local government jurisprudence is in flux, given the pressure on the states from the Patriot Act; constantly changing border control priorities; and the Supreme Court’s shifting views of takings, individual rights, federalism, and separation of powers. We are challenged by the conclusion that citizenship at the national level has become blunt, negative, and exclusionary, while at the state and local level citizenship involves political, participatory, and educational dimensions. What are the legal issues and policy dynamics that permit transforming ideas about national political citizenship? About managing intensified conflict regarding immigration and national security at the state and local levels? Is there any chance of finding a balance between apparent ideologically driven federal policy imperatives and the rigid exercise of expanded police powers at the state and local level? When it comes to immigration, land use, and related fields, have we finally rendered impossible the federalism puzzle?
10:45 a.m. - 11:00 a.m.
Refreshment Break
East Foyer, Third Floor, Hilton New York
11:00 a.m. - 12:30 p.m.
Concurrent Sessions
- Katrina Experience: Why Federalism Broke Down
Speakers: Jim Chen, University of Louisville Louis D. Brandeis School of Law
Daniel A. Farber, University of California, Berkeley School of Law
William P. Quigley, Loyola University New Orleans School of Law
Disaster mitigation and response require cooperation among federal, state, and local governments. When Hurricane Katrina struck, the federal Department of Homeland Security had plans in place to cover both man-made and natural disasters. State and local government also were empowered to act. Why did these three levels of government fail to coordinate their efforts and execute an effective response? Why were elements of the federal National Response Plan executed ineffectively? What were the key failures at each level of government and what lessons can we learn from them? Is our federalist system of government, which was devised over two hundred years ago, resilient enough to meet the twenty-first century challenges posed by terrorism and natural disasters of an unprecedented scale such as Katrina?
- Immigration Federalism
Beekman Parlor, Second Floor, Hilton New York
Speakers: Orde F. Kittrie, Arizona State University Sandra Day O’Connor College of Law
Michael A. Olivas, University of Houston Law Center
Peter J. Spiro, Temple University James E. Beasley School of Law
This concurrent joins the contentious debate over the legal, practical, and moral dimensions of local government regulation of undocumented immigrants, with Hazelton, Pennsylvania’s recent anti-immigrant foray at the center of the discussion.
12:30 - 2:00 p.m.
AALS Workshop on Local Government at Risk Luncheon
Mercury Ballroom, Third Floor, Hilton New York
Speaker: John Conyers Jr., Member, 14th District of Michigan, U.S. House of Representatives, Washington, D.C.
(Tickets were sold in advance of the Annual Meeting. If space is available, a ticket may be purchased at On-Site Registration until 9:00 p.m. on Wednesday, January 2. Tickets will not be for sale at the luncheon.)
2:00 - 3:30 p.m.
Concurrent Sessions
- Crimmigration
Speakers: Raquel E. Aldana, University of Nevada, Las Vegas William S. Boyd School of Law
Jennifer Marie Chaco'n, University of California at Davis School of Law
Juliet P. Stumpf, Lewis and Clark Law School
The crimmigration concurrent examines the conflation of criminal law and immigration at the local level, focusing on the pressures for local government to partner with federal authorities to enforce immigration and War on Terror imperatives.
- Land Use Federalism
Beekman Parlor, Second Floor, Hilton New York
Speakers: David L. Callies, University of Hawaii William S. Richardson School of Law
Audrey G. Mc Farlane, University of Baltimore School of Law
Patricia Salkin, Albany Law School
The exercise of land use controls continues to remain largely a local matter even though federal and state statues in recent years have placed more restraints upon the exercise of many other local police powers. The interdependence of land uses and federal policy in such areas as transportation planning and hazardous flood mitigation has received widespread attention. Should the federal government play a stronger role in conditioning federal funding upon the implementation of land use controls that would better preserve the environment and mitigate the effect of natural disasters such as Hurricane Katrina? What role should the states play in effectuating sound land use policies? Should regional bodies, such as metropolitan planning organizations, be granted powers to enforce land use controls at the metropolitan level? Does Fifth Amendment takings jurisprudence or state statutory restrictions on eminent domain power in the wake of Kelo v. City of New London create barriers to the implementation of sound land use practices? If so, can these barriers be overcome? What guidance do we expect the U.S. Supreme Court will provide in the continuing debate over land use federalism issues?
3:30 - 3:45 p.m.
Refreshment Break
East Foyer, Third Floor, Hilton New York
3:45 - 5:00 p.m.
Local Governments: Caught in the Middle
East Ballroom, Third Floor, Hilton New York
Moderator: Kevin R. Johnson, University of California at Davis School of Law
Speakers: Gerald E. Frug, Harvard Law School
Clare Huntington, University of Colorado School of Law
Michael Wishnie, Yale Law School
The final plenary panel will draw connections and conclusions from the preceding panels. Some of the issues that will be addressed are ways that supranational entities and international trade agreements and treaties are having notable effects on local governments; the Constitutional consequences of immigration exceptionism; and state and local enforcement of civil immigration law, mandatory detention, labor trafficking, bilingual education and access to welfare.
