March 1, 2019
9:00 am - 4:45 pm, Eastern Time
ACS Constituional Law Scholars Forum
Session 1: 9:00-10:15 a.m., LAC Room 110
Equal Protection, Civil Rights, and Personhood:
Civil Rights Law in Living Color
Professor Vinay Harpalani, Drake University Law School
The Military Transgender Policy: The Realization of Madison’s Incompatible Powers Doctrine
Major Kenneth Hyle, United States Air Force
States as Civil Rights Actors: Assessing the Advocacy Mechanisms within State Systems
Jennifer Safstrom, ACLU of Virginia
Session 1 (concurrent): 9:00-10:15 a.m., LAC Room 111
Families and Immigration Issues:
The Legal Fracking of Immigrant Families
Professor Jamie Abrams, University of Louisville Brandeis School of Law
Injunctions in the Immigration Context: Making the Case for Uniformity as Contemplated by the Constitution
Professor Elizabeth Knowles, University of Akron School of Law
Expanding Contractual Parentage While Respecting Expecting and Existing Parents
Professor Jeffrey Parness, Northern Illinois University College of Law
Session 1 (concurrent): 9:00-10:15 a.m., LAC Room 211
The Judiciary and the Courts:
The McConnell Rule: Nasty, Brutish, and Unconstitutional
Professor Ken Levy, Louisiana State University School of Law
Having Their Say: A Call to End Concurring Opinions in Supreme Court Decisions
Professor Meg Penrose, Texas A&M University School of Law
"QUIET IN THE COURTS!" Issues of Public Access to Court Files: Presumptions of Access Arising Under the U.S. Constitution and the Common Law
Dennis Wall, Esq.
Session 2: 10:30 a.m.-12:00 p.m., LAC Room 110
Constitutional Interpretation Theories:
Non-Partisan Originalism: Using Corpus Linguistics to Discover Original Meaning
Professor Clark Cunningham,
Georgia State University College of Law
Original Explication: A Democratic Model for the Interpretation of State Constitutions
Professor Jorge M. Farinacci Fernós
Interamerican University of Puerto Rico Law School
All That Is Liquidated Melts Into Air: Five Meta-Interpretive Issues
Professor Jeremy Telman, Valparaiso University Law School
Session 2: 10:30 a.m.-12:00 p.m., LAC Room 110 (con’t)
Limiting the Property Clause
Professor Jeffrey Schmitt, University of Dayton School of Law
Session 2 (concurrent): 10:30 a.m.-12:00 p.m., LAC
Room 111
International and Comparative Constitutionalism:
Constitutional Courts, Social Psychology and Race: Empirical Studies
Samuel Sales Fonteles, State Prosecutor, Brazil
Exploring Living Constitutionalism in the Judgement of Constitutionality: Comparative Study of the United States and Japan
Dr. Keigo Obayashi, University of Pennsylvania Law School
Regulating Political Lobbying: Moving from a Corruption or Equality Framework to ‘Institutional Diversion’
Professor Barry Solaiman
Hamad Bin Khalifa University Law School (Qatar)
The Insular Cases, Citizenship, and Assimilation: Reversing the Logic Of Protectionism at American Samoa
Professor Jason Buhi, Barry University Dwayne O. Andreas School of Law
Session 3: 1:30-2:15 p.m., LAC Room 110
Constitutional Issues in the Modern Era:
Taking Care: The Presidential Oath and Executive Duty to Faithfully Execute the Laws Do Not Support “Executive Review”
Professor George Mader
William H. Bowen School of Law, University of Arkansas at Little Rock
False Preemption and Animal Protection
Dr. Ani Satz, Emory University School of Law
Session 3 (concurrent): 1:30-2:15 p.m., LAC Room 111
Constitutional Criminal Procedure:
Third-Party Doctrine in the Modern Era
Professor Eang Ngov, Barry University School of Law
Facial Challenges and the Fourth Amendment
Professor Alex Kreit, Thomas Jefferson School of Law
Session 4: 2:30-3:45 p.m., LAC Room 110
First Amendment and Free Speech:
Fighting for Attention: Democracy, Free Speech, and the Marketplace of Ideas
Professor G. Michael Parsons, NYU School of Law
The Fallacy of the Counterspeech Rationale
Professor Lynne Rambo, Texas A&M University School of Law
African Americans and the First Amendment
Dr. Tim Shiell, University of Wisconsin-Stout
Session 4 (concurrent): 2:30-3:45 p.m., LAC Room 111
Elections, Political Parties, and Democracy:
State Constitutions, Congressional Elections, and the Elections Clause
Professor Michael T. Morley
Florida State University College of Law
Deregulating the Regulators: The Constitution, Political Parties and the Rules of the Game of Democracy
Dr. Wayne Batchis, University of Delaware
A Shield Becomes a Sword: Defining and Deploying a Constitutional Theory for Communities of Interest in Political Redistricting
Professor Glenn Magpantay, Brooklyn Law School
Break: 3:45-4:00 p.m. LAC Room 111 hallway
Session 5: 4:00-4:45 p.m., LAC Room 110
Equal Protection and Critical Race Theory:
A Comprehensive Rethinking Of Equal Protection Post-Obergefell: A Plea For Substantivity In Law
Professor Shannon Gilreath
Wake Forest University School of Law
Critiquing the Critique: Reframing the Affirmative Action Debate to Move Beyond the Fallacies of Interest Convergence
Adrian Jamal McLain, University of Memphis
Dr. Steven L. Nelson, University of Memphis
Session 5 (concurrent): 4:00-4:45 p.m., LAC Room 111
Free Speech in a Technological Society:
Addictive Tech and the First Amendment
Professor Kyle Langvardt
The University of Detroit Mercy School of Law
Government Tweets, Government Speech: The First Amendment Implications of Government Trolling
Professor Douglas McKechnie
United States Air Force Academy