Tuesday, April 9, 2013

Workshop: Empirical Legal Research

Workshop Announcement:

Conducting Empirical Legal Scholarship Workshop, May 22-24, 2013

Lee Epstein and Andrew Martin


HEADLegal3
The Conducting Empirical Legal Scholarship workshop is for law school and social science faculty interested in learning about empirical research.  The instructors provide the formal training necessary to design, conduct, and assess empirical studies, and to use statistical software (Stata) to analyze and manage data. Participants need no background or knowledge of statistics to enroll in the workshop.  Topics
to be covered include research design, sampling, measurement, descriptive statistics, inferential statistics, and linear regression.

More information and registration here.

RR

April 9, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Thursday, March 7, 2013

"Racial Entitlement": Professor Scalia, then and now

Justice Antonin Scalia's remark during the oral arguments in Shelby County v. Holder last week characterizing the preclearance provision of the Voting Rights Act as a "racial entitlement" has garnered much attention, including "gasps" in the Supreme Court chambers itself.  

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Of course, the ability of Scalia's comments to provoke is not new: his statements in last year's oral arguments in Arizona v. United States regarding the constitutionality of SB1070 drew particular attention.

In the Shelby argument, Scalia described the Voting Rights Act provision and its reenactments as

a phenomenon that is called perpetuation of racial entitlement.  It's been written about.  Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes.

To what writings does Justice Scalia refer?  ConLawProf Chad Flanders, in a news commentary that is itself garnering attention, suggests that Justice Scalia might be referencing Professor Scalia's own writings.  Flanders points to Scalia's article, The Disease as Cure: “In Order to Get Beyond Racism, We Must First Take Account of Race,” 1979 Wash. U. L. Rev. 147, available here. 

Scalia's writing is not an article but rather published as a "Commentary" and obviously taken from his remarks on a panel at a Symposium entitled "The Quest for Equality."  Scalia describes himself as the "anti-hero" of the panel: the other commentator was Herma Hill Kay and the main paper was by Harry T. Edwards. (Ruth Bader Ginsburg delivered the main paper on the next panel.)  His subtitle is derived from Justice Blackmun's dissenting and concurring opinion in Regents of University of California v. Bakke, 438 U.S. 265, 407 (1978).

Scalia indeed does use the term "racial entitlement" in his remarks:

The affirmative action system now in place will produce the latter result because it is based upon concepts of racial indebtedness and racial entitlement rather than individual worth and individual need; that is to say, because it is racist.

But of course, his rejection of "racial indebtedness" was clear in his 1995 concurring opinion in Adarand Constructors, Inc. v. Pena, 515 U.S. 200, in which the Court held an affirmative action policy unconstitutional.  Scalia wrote then:

under our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual.

And of course, Scalia is not alone in his views.  Not only was he concurring in Adarand, but the notion of affirmative action as racist is forcefully articulated by Chief Justice John Roberts in the last (substantive) line in the opinion for the Court in  Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 748 (2007):

The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.

Perhaps the issue is not so much the provenance of Scalia's statements during oral arguments, but the surprise they are still capable of provoking.

RR
[image: caricature of Antonin Scalia by DonkeyHotey via]

March 7, 2013 in Affirmative Action, Conferences, Current Affairs, Equal Protection, Fifteenth Amendment, Fourteenth Amendment, Race, Scholarship | Permalink | Comments (2) | TrackBack (0)

Friday, January 4, 2013

NYC Bar Event on 40th Anniversary of Roe v. Wade

NycbarlogoThe Fortieth Anniversary of the United States Supreme Court's Landmark Decision, Roe V. Wade
Monday, January 14, 2013 6:30 pm-8:00 pm

2013 marks the 40th anniversary of Roe v. Wade, establishing the constitutionally-protected right to abortion. This program will discuss the evolution of the right to abortion in the courts, public opinion, and political discourse since then and will address the current status of reproductive rights in the United States, including its role in the 2012 presidential election.

Moderator: PRISCILLA SMITH, Senior Fellow at the Information Society Project at the Yale Law School

Speakers:
LOUISE MELLING
, Director, ACLU Center for Liberty
RUTHANN ROBSON
, Professor of Law & University Distinguished Professor, CUNY School of Law
KATHLEEN MORRELL, MD, Physicians for Reproductive Choice and Health
JESSICA GONZALEZ-ROJAS
, Executive Director, National Latina Institute for Reproductive Health
BEBE ANDERSON, Director, U.S. Legal Program, Center for Reproductive Rights

Sponsors: Sex and Law Committee, Pamela Zimmerman, Chair

More information here.

January 4, 2013 in Abortion, Conferences, Due Process (Substantive), Family, Fundamental Rights, Gender, Medical Decisions, Privacy, Reproductive Rights | Permalink | Comments (0) | TrackBack (0)

ConLaw at AALS: Looking Towards Fisher

Top_logoIf you're at AALS, don't miss today's double panel on affirmative action in education, starting at 2pm:

This joint program will explore issues of equal educational opportunity. The first panel will consider these issues in the context of elementary and secondary education, with emphasis on school financing. The second will deal primarily with the constitutionality of racial affirmative action in higher education admissions. Both panels will consider the implications of the Court’s grant of review in Fisher v. University of Texas, involving an undergraduate affirmative action admissions program.

In 1973, the Court held in Rodriguez that there was no fundamental right to education. Plaintiffs alleged that substantial disparities in educational opportunity violated the Constitution. The Court found the Texas elementary and secondary school finance system constitutional because it was rationally related to advancing local control of education; the Court hesitated to second guess the Texas legislature in light of federalism principles and concerns about judicial competency to deal with school finance systems. 

 The first panel will focus on the legacy of Rodriguez and how the law can address educational disparities in elementary and secondary education. Panelists also will discuss the effect of limits on use of race-conscious programs under the 2007 Parents Involved decision, and will consider the implications of the grant of review in Fisher.In 1978, a deeply fractured Court decided Bakke. Only one paragraph of Justice Powell’s pivotal opinion was joined by four other justices; it held that a “properly devised admissions program” that took race into account could be constitutional. He envisioned a flexible, individualized program that would provide the educational benefits of a diverse class. In 2003, the Court in Grutter held that diversity could be a compelling interest; the Court upheld Michigan Law School’s program, even as it held (in Gratz) that Michigan’s more mechanical undergraduate affirmative action program violated equal protectio

The second panel will consider the legacy of Bakke and discuss how the Court should decide Fisher. Is racial diversity a compelling interest? What is the role of empirical evidence? What do the empirical studies tell us about the benefits or harms of affirmative action? Diversity may provide better learning outcomes for all students (or for certain students), better preparation of students for a diverse world, and better social results due to formation of a diverse group of leaders. Which potential benefits “count”? How can a program be narrowly tailored to advance the interest in educational diversity?

Speakers

Speaker: Kevin D. Brown, Indiana University Maurer School of Law
Speaker: Erwin Chemerinsky, University of California, Irvine School of Law
Speaker from a Call for Papers: Paul Horwitz, The University of Alabama School of Law
Speaker: Jennifer Mason McAward, Notre Dame Law School
Speaker from a Call for Papers: Eboni S. Nelson, University of South Carolina School of Law
Speaker: Angela I. Onwuachi-Willig, University of Iowa College of Law
Speaker: Michael A. Rebell, Columbia University School of Law
Co-Moderator: Kimberly Jenkins Robinson, The University of Richmond School of Law
Speaker: Richard H. Sander, University of California, Los Angeles School of Law
Co-Moderator: Mark S. Scarberry, Pepperdine University School of Law

More information here.

RR


January 4, 2013 in Affirmative Action, Conferences, Equal Protection, Profiles in Con Law Teaching, Race, Supreme Court (US), Teaching Tips | Permalink | Comments (0) | TrackBack (0)

Saturday, December 8, 2012

Symposium to Honor Patricia Williams

Prof Patricia J. William's work has been influential for many ConLawProfs.   A terrific-looking symposium honoring her work is scheduled for March, 2013.

 

PatWmsSymp

Registration information here.

RR

December 8, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Wednesday, November 14, 2012

Constitutionalism and Jobs

In New York City on Friday:

 

Lung aronowitz

RR

November 14, 2012 in Affirmative Action, Conferences, Due Process (Substantive), Federalism, Theory | Permalink | Comments (0) | TrackBack (0)

Tuesday, November 13, 2012

CFP: Civil Gideon

The deadline is imminent - -  November 15 at 11.59 pm - - - to submit proposals and papers for the University of District of Columbia School of Law's March Symposium

373px-Gideon_petition_for_certiorari "Expanding the Civil Right to Counsel: 50 Years After Gideon."

The University of the District of Columbia David A. Clarke School of Law seeks submissions for its 2013 Law Review Symposium on the topic of expanding the civil right to counsel. This symposium seeks to explore the legal and societal implications of creating a civil right to counsel. Submissions may also address the approaches to providing counsel to civil litigants that have been adopted in U.S. and international jurisdictions, and the impact on litigation outcomes in those jurisdictions. 

Symposium submissions may examine the relative merits of creating a right to counsel in civil cases legislatively, through court rules, or pursuant to state constitutions. Participants in the symposium will address the challenges to creation and implementation of a civil right to counsel through these mechanisms, as well as creation of a civil right to counsel through the Fifth and Fourteenth Amendments. The Law Review also seeks articles discussing the history of Lassiter v. Dept. of Social Services and the prospects for a civil right to counsel under the U.S. Constitution. Panels may address discrete issues ranging from creation and implementation challenges to jurisdictional comparisons to constitutional construction of the right to counsel.

More information and submission details here.

Some ideas and resources we previously discussed on ConLawProf Blog are here, here, here, here, here, here, and here.

RR
[image: Gideon's Petition for Certiorari to the United States Supreme Court, via]

November 13, 2012 in Conferences, Due Process (Substantive) | Permalink | Comments (0) | TrackBack (0)

Friday, August 31, 2012

Fordham Discussion of the Constitutionality of "Targeted Killings"

Wednesday, August 8, 2012

UMKC Symposium Explores the School Speech Cases--From Those Who Were There

The University of Missouri-Kansas City School of Law and the UMKC Law Review will host a symposium on September 20-21, 2012, titled 40 Years of Landmark School Speech Cases: Through the Eyes of Those Who Were There.  This promises to be a fascinating event.  For registration, visit www.law.umkc.edu/schools.  More information below:

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SDS

August 8, 2012 in Conferences, First Amendment, News, Scholarship, Speech | Permalink | Comments (0) | TrackBack (0)

Tuesday, June 19, 2012

CFP: Corporations and Children's Rights

ConLawProfs doing work on privatization might be interested in this CFP for a Vulnerability and Feminism Legal Theory Workshop.

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From the organizers:

This workshop considers the growing trend in some countries to subordinate and often sacrifice children's interests (indeed all of our interests) to corporate interests claimed in the name of efficiency. This trend is represented by the proliferation of for-profit schools, hospitals, and prisons, and in corporate rights exemplified by the reach of commercial advertising into public schools -- from buses to corridors to cafeterias.  Particularly in the U.S., the corporation reigns supreme.  Politicians and policy makers increasingly accept markets as adequate mechanisms to allocate health, education, public safety, criminal justice, environmental protection, recreation, procreation, and other social goods, and they tend to consider "business" models as the superior means to do so.  Corporate legal personhood protects as "speech" the allocation of corporate wealth to political and social causes that aggressively work against protective regulations of corporate activities.  Advertising and social media driven by corporate interests create consumer demand for unhealthy and unnecessary products and use the mantra of parental "choice" as a subterfuge for gross profit-seeking.  Corporate practices and "values" are adopted as relevant and beneficial to assessing the worth and success of public services, such as education and health care. What is the balance struck in other countries?  Is it possible within a liberal legal order to challenge the assumptions that underlie privatization and the "corporatization" of society?  Is it impossible to reorient and "humanize" the corporation by holding it legally responsible beyond shareholders and the market, using law to encourage responsiveness to the interests of children and other human beings?  

 

The deadline for submissions is July 25, 2012.   More info, including submission details, here.

RR

June 19, 2012 in Conferences, Family, Fundamental Rights | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 23, 2012

CFP: AALS ConLaw Section

Section on Constitutional Law
Call for Papers for January 2013 AALS Annual Meeting Program:
“Forty Years after Rodriguez, 35 Years after Bakke:
Education, Equality and Fundamental Rights”
 
UnderwoodKeyboardThe Section on Constitutional Law and the Section on Education Law will be holding a joint program at the January 2013 AALS annual meeting. The program topic is “Forty Years after Rodriguez, 35 Years after Bakke: Education, Equality and Fundamental Rights.” The program will be held on Friday, January 4, from 2:00-5:00pm.

The panel organized by the Education Law Section will emphasize school financing, forty years after the Supreme Court held in Rodriguez that there is no fundamental right to education under the U.S. Constitution and that public school funding disparities are not subject to close scrutiny.
 
The Section on Constitutional Law panel will deal primarily with the constitutionality of racial affirmative action in higher education admissions. Among other matters, it will consider the implications of the Court’s grant of review in Fisher v. University of Texas, involving an undergraduate affirmative-action admissions program.

The Section on Constitutional Law invites submission of abstracts (of no more than five pages) for purposes of choosing one speaker for this panel. The speaker who is chosen will be expected to produce a paper that can be posted on the AALS web site prior to the annual meeting and that will be published in the Loyola Law Review.
 
Deadline Date for Submission: August 1, 2012
 
For more information and submission of abstracts, contact Professor Mark S. Scarberry, Pepperdine University School of Law, mark.scarberry AT pepperdine.edu.

RR 

May 23, 2012 in Affirmative Action, Conferences, Race, Recent Cases, Reconstruction Era Amendments, Scholarship | Permalink | Comments (1) | TrackBack (0)

Wednesday, May 16, 2012

Con Law Colloquium at Loyola Chicago

We previously posted a call for papers and registration for Loyola's Third Annual Constitutional Law Colloquium, Friday and Saturday, November 2 and 3, 2012.  This is an outstanding colloquium and only gets better each year.

Just a reminder: Organizers are accepting 150- to 200-word abstracts and considering them on a rolling basis through the end of May.  Send your abstract to constitutionlaw@luc.edu

Our original post, with links, follows.

SDS

Loyola University Chicago School of Law is organizing the Third Annual Constitutional Law Colloquium at the Philip H. Corboy Law Center, 25 East Pearson Street, Chicago, IL 60611. The event will begin on Friday morning, November 2 and end midday on Saturday, November 3, 2012.

This is the third annual Loyola conference bringing together constitutional law scholars at all stages of their professional development to discuss current projects, doctrinal developments in constitutional law, and future goals. Unless we are overwhelmed, we hope to be able to schedule presentations for all who submit.  In this way, we will provide a forum for the vetting of ideas, invaluable opportunities for informed critiques, and networking opportunities. Presentations will be grouped by subject matter.

The Loyola Constitutional Law Colloquium is aimed at Constitutional Law, Legal History, Political Science, and Philosophy scholars teaching at the university, law school, and graduate levels on matters of constitutional law. We welcome applications from full-time, part-time, and adjunct faculty members, as well as post-doctoral fellows from academic discipline related to the study of constitutional issues (anthropology, history, law, literary criticism, philosophy political science, sociology, etc.).

Application Procedure: The registration and abstract submission deadline is May 31, 2012. Conference organizers will select abstracts on a rolling basis.

Registration at:  http://www.luc.edu/law/conlawcolloquium/2012_conference/

SDS

May 16, 2012 in Conferences, News, Scholarship | Permalink | Comments (0) | TrackBack (0)

Friday, April 27, 2012

Live Streaming of "Living Originalism" Conference

On April 27 and 28, 2012, Yale Law School will host a conference on constitutional interpretation and change in conjunction with the publication of Professor Jack Balkin’s book, Living Originalism (Harvard University Press 2011), with many exciting panelists.

Not at the conference?  Watch the live stream.

Jack_Living_originalismFINAL
RR

April 27, 2012 in Conferences, History, Scholarship, Theory | Permalink | Comments (0) | TrackBack (0)

Wednesday, April 18, 2012

Loyola's Third Annual Con Law Colloquium

Loyola University Chicago School of Law is organizing the Third Annual Constitutional Law Colloquium at the Philip H. Corboy Law Center, 25 East Pearson Street, Chicago, IL 60611. The event will begin on Friday morning, November 2 and end midday on Saturday, November 3, 2012.

This is the third annual Loyola conference bringing together constitutional law scholars at all stages of their professional development to discuss current projects, doctrinal developments in constitutional law, and future goals. Unless we are overwhelmed, we hope to be able to schedule presentations for all who submit.  In this way, we will provide a forum for the vetting of ideas, invaluable opportunities for informed critiques, and networking opportunities. Presentations will be grouped by subject matter.

The Loyola Constitutional Law Colloquium is aimed at Constitutional Law, Legal History, Political Science, and Philosophy scholars teaching at the university, law school, and graduate levels on matters of constitutional law. We welcome applications from full-time, part-time, and adjunct faculty members, as well as post-doctoral fellows from academic discipline related to the study of constitutional issues (anthropology, history, law, literary criticism, philosophy political science, sociology, etc.).

Application Procedure: The registration and abstract submission deadline is May 31, 2012. Conference organizers will select abstracts on a rolling basis.

Registration at:  http://www.luc.edu/law/conlawcolloquium/2012_conference/

SDS

April 18, 2012 in Conferences, News, Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, April 9, 2012

ACS National Convention

Registration is open for the American Constitution Society National Convention, June 14 to 16, 2012, in Washington, D.C.  Here's the Convention web-page with more information.

Convention2012banner

Featured speakers include Justice Ruth Bader Ginsburg, Governor Deval Patrick, and Senator Tom Harkin.  The Convention is at the Capital Hilton.

SDS

April 9, 2012 in Conferences, News | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 21, 2012

Cardozo Conference on Ancient and Modern Constitutionalism

The Floersheimer Center for Constitutional Democracy at Cardozo Law is hosting a symposium on April 2 titled Constitutionalism, Ancient and Modern.  Here's from the description:

The purpose of the symposium is to put the constitutionalism of the ancients on the agenda of contemporary constitutional scholars.  Among the themes the symposium will explore are the challenges pre-modern constitutions pose to modern constitutionalism, the struggle for constitutional order and economic equality in Athens and Rome, religious sources of constitutionalism, direct versus representative lawmaking, and the relationship of constitutionalism to dictatorship and absolutism.

The line-up is terrific.  John P. McCormack (Chicago Poli. Sci.) will deliver the keynote, Keep the Public Rich and the Citizens Poor: Economic Equality and Ancient Constitutionalism.

The symposium is free and open to the public.  RSVP to cardozosymposiaeditor@gmail.com or 212.790.0200 x6700.

SDS

March 21, 2012 in Conferences, News, Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, March 15, 2012

Human Use of Animals Workshop

54Several presentations in this "Uncomfortable Conversation" workshop from the Feminism & Legal Theory Project at Emory, spearheaded by Martha Fineman, should be of interest to conlawprofs.

For example, two speakers will be broaching the subject of legal personhood for animals: Richard Cupp of Pepperdine and Carter Dillard of the Animal Legal Defense Fund, and Laura Spitz, formerly a professor at U Colorado Law, will be interrogating categories of species.

The conference in March 30-31 at Emory Law School, Atlanta.

More information and registration here.

RR

March 15, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 7, 2012

Constitutional Environmentalism Workshop at Widener

490px-Landscape_of_Provence_Alfred_Henry_MaurerOn Thursday, May 31, 2012, the Widener Environmental Law Center (WELC) in Wilmington, Delaware, will host a one-day scholar workshop on recent developments in the growing field of global and domestic constitutional environmental rights. Workshop organizers Professors Erin Daly and Jim May invite you to attend to present a work in progress, to comment, or to observe.

The program is open to (1) scholars who are interested in sharing significant works-in-progress, such as books, articles, advocacy and constitutional amendments, and (2) scholars who would be interested in providing comments to a work in progress, (3) observers.

The workshop is limited to 50 participants.

The deadline is March 31, 2012.

More information here.

 

 

 

RR
[image via]

March 7, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Tuesday, March 6, 2012

Drake Law Symposium: Constitutionalism & the Poor

This year's topic of Drake University Law School Annual Constitutional Law Center Symposium is Constitutionalism and the Poor and it will be held April 14, 2012. 

Here's the line-up:

  Symposium12-niceJulie9:00 a.m.   Keynote Address:  "Dandridge v. Williams Redux: A Look Back From the 21st Century"? - Peter Edelman, Professor of Law, and Faculty Director of the Center on Poverty, Inequality, and Public Policy at Georgetown University Law Center

9:45 a.m.   “Occupy Pennsylvania Avenue: How the Government’s Unconstitutional Actions Harm the Poor” - Ilya Shapiro, Senior Fellow in Constitutional Studies and Editor-in-Chief of Cato Supreme Court Review at the CATO Institute
 
Symposium12-powellJohn10:30 a.m.   “Whither the Canaries?” - Julie Nice (pictured left) Herbst Foundation Professor of Law at University of San Francisco School of Law

11:00 a.m.   “Constitutional Essentials” - Frank Michelman, Robert Walmsley University Professor at Harvard Law School

11:30 a.m.  “Implicit Bias: Structural Racialization and a New Constitution”  - john powell (pictured right) Director, Haas Diversity Research Center and Robert D. Haas Chancellor’s Chair in Equity and Inclusion, University of California, Berkeley
 
12:00 p.m.  “State Constitutions and Poverty” - James Gardner, Vice Dean for Academic Affairs and Joseph W. Belluck and Laura L. Aswad SUNY Distinguished Professor of Civil Justice at SUNY Buffalo Law School, State University of New York

 

More information here.

RR 

March 6, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Wednesday, February 29, 2012

Fordham Urban Law Journal Symposium on Second Amendment

The Fordham Urban Law Journal will host its Volume XXXIX Symposium next Friday, March 9, titled Gun Control and the Second Amendment: Developments and Controversies in the Wake of District of Columbia v. Heller and McDonald v. Chicago.

The Journal put together a terrific line-up, available here.  The program runs from 10 am to 5 pm on Friday, March 9, 2012, at the Fordham University School of Law, James B.M. McNally Amphitheater.  CLE credit is available.

SDS

February 29, 2012 in Conferences, News, Scholarship, Second Amendment | Permalink | Comments (1) | TrackBack (0)