February 28, 2020
Constitutional Law Scholars Forum
The ACS Barry Student Chapter, Barry Law Review, and Texas A&M University School of Law are hosting the Fifth Annual Constitutional Law Scholars Forum at the Barry University Dwayne O. Andreas School of Law Campus in Orlando, FL.
Program: Legal Advocacy Building ("LAC")
Check in and breakfast: 8:00-8:50 a.m., LAC Room 311
Welcome: 8:50 a.m., LAC Room 311
Session 1: 9:00-10:20 a.m., LAC Room 110
Slavery and the Thirteenth Amendment:
Thirteenth Amendment in the Immigration Detention Context
Jennifer Safstrom, American Civil Liberties Union of Virginia
Taking Slavery Seriously in Constitutional Law
Jeffrey Schmitt, University of Dayton School of Law
Session 1 (concurrent): 9:00-10:20 a.m., LAC Room 111
Non-delegation Doctrine and the Administrative State:
A Non-Delegation Doctrine That (Even) Progressives Could Like
William D. Araiza, Brooklyn Law School
Non-delegating Death: Legislative Accountability and Methods of Execution
Alexandra L. Klein, Washington and Lee University School of Law
The Military-Administrative Complex
Robert Knowles, University of Baltimore School of Law
Session 1 (concurrent): 9:00-10:20 a.m., LAC Room 209
Constitutional Law and Family:
The Common Authority Doctrine in Childcare Parentage Cases
Jeffrey A. Parness, Northern Illinois University College of Law, Emeritus; Visiting Professor of Law, Marquette University Law School
Troxel v. Granville and the Presumption of Fitness
Sonya Garza, Barry University School of Law
Break: 10:20-10:35 a.m., LAC Room 111 hallway
Session 2: 10:35 a.m.-12:15 p.m., LAC Room 110
International and Comparative Constitutionalism:
Constitutional Promise of Access to Justice in the Rural Poor in India
Nachiketa Mittal, Unitedworld School of Law
The Development of Basic Structure of the Constitution in Bangladesh: Legitimacy and Implications
Muhammad Ekramul Haque, University of Dhaka
Discussion about modem Russian Constitutionalism
Vladimir Nazarov, Plekhanov Russian University of Economics
Beyond Legitimacy: The Implications of Public Fiduciary to the Court in Japan
Keigo Obayashi, Chiba University
Session 2 (concurrent): 10:35 a.m.-12:15 p.m., LAC Room 111
Equal Protection and Remedies:
Dehumanization and Equal Protection Doctrine
Reginald Oh, Cleveland Marshall College of Law
Changing Race: Immutability and Equal Protection
John Tehranian, Southwestern Law School
Anti-Immigrant Animus
Jenny-Brooke Condon, Seton Hall Law School
"Injury in Fact": What Happens to Statutory Remedies?
Dennis Wall, Esquire
Session 2 (concurrent): 10:35 a.m.-12:15 p.m., LAC Room 209
Constitutional Interpretation Theories and Amendments:
Deontological Originalism
Peter B. Bayer, UNLV Boyd School of Law, emeritus
Common Law Freedom
Nathan Warf, Freed-Hardeman University
Writing a Modem Constitution
Jorge M. Farinacci-Fernos, Interamerican University of Puerto Rico
"Great Variety of Relevant Conditions, Political, Social and Economic": The Constitutionality of Congressional Deadlines on Amendment Proposals under Article V.
Danaya C. Wright, University of Florida, Levin College of Law
Lunch: 12:15-1:30 p.m., Room LAC 311
Session 3: 1:30-2:30 p.m., LAC Room 110
LGBTQ+ "Rights and State Action:
State Action & The Weaponized First Amendment
Anibal Rosario Lebron, Howard University School of Law
Constitutional Statutory Consistency and the Special Case of LGBTQ Title VII Litigation
Doron M. Kalir, Cleveland-Marshall College of Law
Session 3 (concurrent): 1 :30-2:30 p.m., LAC Room 111
The Judiciary and Judicial Opinions:
How Technology Killed Supreme Court Opinions
Meg Penrose, Texas A&M School of Law
Curating Unpublished Decisions in the Federal Appellate Courts
Merritt E. McAlsitser, University of Florida Levin College of Law
Break: 2:30-2:40 p.m. LAC Room 111 hallway
Session 4: 2:40-4:00 p.m., LAC Room 110
Constitutional Criminal Procedure and Technology:
Constitutional Rights and Technological Change
David S. Han, Pepperdine Caruso School of Law
"Automated Justice" and the Due Process Rights: Insufficient Constitutional Safeguards
Donatas Murauskas, Vilnius University, Lithuania
Third Party Doctrine and Privacy in the Oversharing Economy
Eang L. Ngov, Barry University School of Law
Session 4 (concurrent): 2:40-4:00 p.m., LAC Room 111
First Amendment Speech:
The TinkerTest, Student Protest, and Disruption in Higher Education
Timothy C. Shiell, University of Wisconsin-Stout
The First Amendment and the Female Listener
Loren Jacobson, UNT Dallas College of Law
The Government Speech and the Constitution
Helen Norton, University of Colorado School of Law
Break: 4:00-4:15 p.m. LAC Room 111 hallway
Session 5: 4:15-5:15 p.m., LAC Room 110
First Amendment Religion and Assembly:
Of Masks and Men: Protecting Freedom of Assembly in the New Surveillance State
Jason Buhi, Barry University School of Law
Living Exception-Free
Leslie C. Griffin, UNLV Boyd School of Law
Session 5 (concurrent): 4:15-5:15 p.m., LAC Room 111
Constitutional Criminal Procedure and Criminal Law:
General Warrants and Sting Rays
Brian Owsley, University of North Texas at Dallas College of Law
Why Are There No Criminal Statutes Prohibiting Hate Speech?
Ken Levy, Paul M. Hebert Law Center Louisiana State University
Session 5 (concurrent): 4:15-5:15 p.m., LAC Room 209
Elections, Political Parties, and Democracy:
Oversight, Election Security, and Congress' Informing Function
A. Christopher Bryant, University of Cincinnati College of Law & Kimberly Breedon, Barry University School of Law
A Shield Becomes a Sword: Defining and Deploying a Constitutional Theory for Communities of Interest in Political Redistricting
Glenn D. Magpantay, Brooklyn Law School