events

2008 Mid-Year Meeting

Conference on Constitutional Law

June 3 – 6, 2008
Renaissance Cleveland Hotel
Cleveland, Ohio

Program

Tuesday, June 3, 2008

4:00 - 8:00 p.m.
AALS Registration

6:00 - 7:30 p.m.
Reception Sponsored by Cleveland-Marshall College, Cleveland State University
Buses start loading at 5:45 p.m. from the main hotel entrance on Superior Street.

Wednesday, June 4, 2008

8:45 - 9:00 a.m.
Welcome
John H. Garvey, Boston College and AALS President

Introduction
Mark V. Tushnet, Harvard Law School, Chair, Planning Committee for AALS Conference on Constitutional Law
-view welcome-

9:00 -10:30 a.m.
The Changing Roberts Court
Erwin Chemerinsky, Duke University
Lee Epstein, Northwestern University
Eric J. Segall, Georgia State University -view materials-
Moderator: Lori Ringhand, University of Georgia

What can we tell about the course of constitutional law from the first terms of the Roberts Court? Or should it be the Kennedy Court?

10:30 - 10:45 a.m.
Refreshment Break

10:45 - 11: 30 a.m.
Concurrent Sessions

• Church/State
  John H. Garvey, Boston College
• Equal Protection
  Erwin Chemerinsky, Duke University
• Federalism
  Jonathan H. Adler, Case Western Reserve University
• Non-U.S. Sources on the Changing Court
  Penelope E. Andrews, City University of New York -view materials-

11:40 a.m.- 12:25 p.m.
Concurrent Sessions

• Church/State
  John H. Garvey, Boston College
• Equal Protection
  Erwin Chemerinsky, Duke University
• Federalism
  Johnathan H. Adler, Case Western University
• Non-U.S. Sources on the Changing Court
  Penelope E. Andrews, City University of New York

12:30 - 1:45 p.m.
AALS Luncheon

2:00 - 3:30 p.m.
Citizenship
Linda S. Bosniak, Rutgers, The State University of N.J., Camden -view handout-
William M. Carter, Jr., Temple University
Guy-Uriel E. Charles, University of Minnesota
Moderator: Phoebe A. Haddon, Temple University

Questions of citizenship – associated with the status of the nation’s racial minorities and with immigration issues – have been important throughout U.S. constitutional history. What versions of those questions are important today? What versions will be important over the next decade?

3:30 -3:45 p.m.
Refreshment Break

3:45 - 5:00 p.m.
Concurrent Sessions

• After Brown
  Tomiko Brown-Nagin, University of Virginia
• Borders
  Linda S. Bosniak, Rutgers, The State University of N.J., Camden
• Civic Engagement
  Guy-Uriel E. Charles, University of Minnesota
• Full Citizenship
  William M. Carter, Jr., Temple University
• Gender Identity
  Elvia R. Arriola, Northern Illinois University -view materials-

6:00 - 7:30 p.m.
AALS Joint Reception for Conferences on Constitutional Law and Evidence

Thursday, June 5, 2008

7:30 - 8:45 a.m.
Buffet Breakfast Sponsored by University of Akron School of Law

9:00 - 10:30 a.m.
Executive Power
Kathleen Clark, Washington University -view materials-
Joseph Margulies, Northwestern University
Saikrishna B. Prakash, University of San Diego
Adrian Vermeule, Harvard Law School -view materials-
Moderator: Mark V. Tushnet, Harvard Law School

Do the Bush administration’s aggressive positions on the scope of executive power foreshadow a new distribution of power among the branches, or simply confirm what the Constitution has meant all along?

10:30 – 10:45 a.m.
Refreshment Break

10:45 a.m.- 12:00 p.m.
Concurrent Sessions

• Pedagogy of Executive Power
  Kathleen Clark, Washington University
  Pamela S. Karlan, Stanford Law School
  Mark V. Tushnet, Harvard Law School
  Saikrishna B. Prakash, University of San Diego

12:00 p.m. - 1:45 p.m.
Joint AALS Luncheon forConferences on Constitutional Law and Evidence
The Honorable Nancy Gertner, Judge, U. S. District Court, District of Massachusetts, Boston, Massachusetts
Introduction: Eleanor Swift, University of California, Berkeley

2:00 - 3:30 p.m.
Alternative Constitutionalisms
Penelope E. Andrews, City University of New York
Tom Ginsburg, University of Illinois -view materials-
Kenneth F. Ledford, Associate Professor of History and Law, Case Western Reserve University
Miguel Schor, Suffolk University -view materials-
Moderator: Mark V. Tushnet, Harvard Law School

Those who study the U.S. Constitution have begun to pay attention to other constitutions – those of the states in the United States, those in other nations, the constitutional law of the European Union. What lessons can we learn for teaching and scholars from the study of other forms of constitutionalism?

3:30 - 3:45 p.m.
Refreshment Break

3:45 - 5:00 p.m.
Breakouts (Constitutionalism Around the World)

Africa
Penelope E. Andrews, City University of New York

Asia
Tom Ginsburg, University of Illinois

Latin America
Miguel Schor, Suffolk University

EU Law
Kenneth F. Ledford, Associate Professor of History and Law, Case Western ReserveUniversity

5:30 - 6:30 p.m.
AALS Joint Reception for Conferences on Constitutional Law and Evidence Sponsored by Case Western Reserve University School of Law

Friday, June 6, 2008

9:00 - 10:30 a.m.
Regime Politics and Roberts Court
Pamela S. Karlan, Stanford Law School
Thomas M. Keck, Department of Political Science, Maxwell School of Citizenship and Public Affairs, Syracuse University, Syracuse, New York -view materials-
Neil S. Siegel, Duke University
Moderator: Stephen M. Griffin, Tulane University

Political scientists have identified different political regimes in U.S. history, and have suggested that different regimes are associated with different versions of constitutional law. Are they right? If they are, how should that affect our teaching and scholarship?

10:30 - 10:45 a.m.
Refreshment Break

10:45 a.m.- 12:00 p.m.
Concurrent Sessions
Call for Papers (How Empirical and/or Positive Legal Scholarship Can Inform Constitutional Theory or Doctrine)

• Moderator Session #1: Jonathan L. Entin, Case Western Reserve University
  Federalism, the Rehnquist Court and the Modern Republican Party
  -view paper-
  Bradley W. Joondeph, University of Santa Clara
  Commentator: Stephen M. Griffin, Tulane University
  The Populist Safeguards of Federalism
  -view paper-
  Robert A. Mikos, University of California, Davis, School of Law
  Commentator: Mark Graber, University of Maryland
• Moderator Session #2: Lori Ringhand, University of Georgia
  The Lifespan of Written Constitutions
  -view paper-
  Tom Ginsburg, University of Illinois
  Commentator: Jeffrey Segal, Chair, Department of Political Science, Distinguished
  University Professor, SUNY at Stony Brook, New York
  Measuring Meta-Doctrine: An Empirical Assessment of Minimalism on the Rehnquist Court
  -view paper-
  Robert Anderson, Pepperdine University
  Commentator: Neil S. Siegel, Duke University

12:00 p.m. - 1:45 p.m.
AALS Luncheon
Michael C. Dorf, Columbia University -view materials-
Introduction: Mark S. Kende, Drake University

2:00 - 3:30 p.m.
Theory Today
Michael C. Dorf, Columbia University
Kermit Roosevelt, University of Pennsylvania -view materials-
Reva B. Siegel, Yale Law School
Lawrence B. Solum, University of Illinois
Moderator: Stephen M. Griffin, Tulane University

Debates over methods of constitutional interpretation seem to have subsided over the past decade. What topics does contemporary constitutional theory deal with?