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28th Nathaniel L. Nathanson Memorial Lecture

“Brown v. Board in the World: How the Global Turn Matters for School Reform, Human Rights, and Legal Knowledge”

Locating America’s educational landmark decision in global contexts calls for tracing the influence of Cold War politics on the decision and identifying its relevance and irrelevance to issues of segregated schooling in other nations. Harvard Law School Dean Martha Minow will present insights from such a study and discuss the promise and limitations of law-led school reform and its relative power over universal human rights norms, local doctrine and politics.

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“Liberalism, Conservatism and the Tea Party: The Meaning of the 2012 Election”

The 2008 election looked like the end of a 28-year conservative era, and the dawn of a liberal one. The results of the 2010 election put this judgment in doubt. Liberalism seems less ascendant than liberals expected it to be, conservatism less dead than conservatives feared. This is partly thanks to the Tea Party—which raises its own questions about the future of conservative thought. So one can say that, as the 2012 election approaches, New Deal/Great Society liberalism is in trouble, and Reagan–Bush conservatism seems not up to the task as well.

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Navigating the Markets Three Years After the Financial Crisis

Standard & Poor's unprecedented downgrade of U.S. debt coupled with Europe's debt crisis has caused the economic recovery to be uneven, impacting investors, retirement security, corporate profitability and investment opportunities in the stock, bond and derivatives markets. University of San Diego School of Law's Center for Corporate and Securities Law and sponsoring partner, Brandes Investment Partners, invite you to join them for an evening of discussion, debate and guidance for investors in the new global environment.

Expert panelists Yaron Brook, Robert Gnaizda, George WilderM and Christianna Wood will provide insight and guidance through new key investor protection measures and debate issues affecting investors.

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Neuroscience & the Law Panel

USD School of Law's Institute for Law & Philosophy hosts a panel of legal experts from across the United States who discussed issues at the intersection of neuroscience and the law.

Panelists:

• Deborah Denno, Fordham University, The School of Law
• Adam Kolber, Professor, Brooklyn Law School
• Michael Moore, Professor, Law & Philosophy, University of Illinois
• Stephen Morse, Professor, Law & Psychiatry, University of Pennsylvania
• Michael Pardo, Professor, University of Alabama School of Law
• Walter Sinnott-Armstrong, Professor, Philosophy, Duke University

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Climate & Energy Law Symposium

Third Annual Climate & Energy Law Symposium:
Advancing a Clean Energy Future

The symposium examined emerging law and policy approaches to encourage clean energy—the diverse set of technologies that can help meet our needs for energy while limiting its impact on the environment. Legal and policy experts from across the country addressed a variety of key issues including the coordination of state and federal roles in the clean energy sector; the design of policies and markets for renewable energy and energy efficiency; and the balance between energy and environmental protection.
Symposium Details

Welcome & Keynote

Welcome
Kevin Cole, Dean and Professor of Law, University of San Diego
Lesley K. McAllister, Professor of Law, University of San Diego
Arash Ebrahimi, Editor in Chief, San Diego Journal of Climate & Energy Law
Scott J. Anders, Director, Energy Policy Initiatives Center, University of San Diego School of Law

Keynote
Jon Wellinghoff
Chairman of the United States Federal Energy Regulatory Commission (FERC)

Panel One: States in the Lead: What Role for Washington?

Michael Picker, Senior Advisor to the Governor for Renewable Energy Facilities, State of California
Jim Rossi, Harry M. Walborsky Professor and Associate Dean for Research, Florida State University College of Law
Joseph P. Tomain, Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law, University of Cincinnati College of Law
Steven Weissman, Lecturer in Residence; Director of the Energy and Cleantech Program; Associate Director for the Center for Law, Energy and the Environment, University of California Berkeley School of Law

Moderator: Jennifer Hein, General Counsel–West Region, NRG Energy

Panel Two: Policies and Markets for Renewables & Efficiency

Lincoln Davies, Associate Professor of Law, University of Utah S.J. Quinney College of Law
Kirsten Engel, Professor of Law, University of Arizona James E. Rogers College of Law
Dian Grueneich, Former Commissioner, California Public Utilities Commission (CPUC), Partner, Morrison & Foerster
David Spence, Associate Professor, Law, Politics & Regulation; Co-Director of the Energy Management & Innovation Center, University of Texas at Austin McCombs School of Business

Moderator: Sophie A. Akins, Partner, Best Best & Krieger LLP

Panel Three: Striking the Energy/Environment Balance

Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School
Alexandra B. Klass, Professor of Law, University of Minnesota Law School
Michael Reed, Adjunct Professor of Law, University of San Diego School of Law
Nilmini Silva-Send, Adjunct Professor of Law, University of San Diego School of Law; Senior Policy Analyst for the Energy Policy Initiatives Center, University of San Diego School of Law

Moderator:  Richard J. Lazarus, Justice William J. Brennan, Jr., Professor of Law, Georgetown University; Stanley Legro Professor of Environmental Law, University of San Diego School of Law

27th Nathaniel L. Nathanson Memorial Lecture

"Academic Freedom as a Constitutional Principle"
By Robert C. Post, Dean and Sol & Lillian Goldman Professor of Law at Yale Law School

Post rejects the traditional analogy between academic freedom and individual First Amendment rights. He denies that the university constitutes a simple "marketplace of ideas." He instead argues that the constitutional concept of academic freedom ultimately derives from the constitutional value of democratic competence, which refers to the creation and dissemination of knowledge necessary for the maintenance of democratic self-determination.

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Originalism Works–in–Progress Conference

Joan B. Kroc Institute for Peace & Justice at the University of San Diego

Hosted by the Center for the Study of Constitutional Originalism, the Works–in–Progress Conference provided opportunity to present and discuss seven new works concerning originalism.
Conference details

Conference Introductory Remarks

USD School of Law Dean Kevin Cole and Professor Michael Rappaport open the conference.
Watch the Introductory Remarks

First Paper

• Presentation: Michael Paulsen (University of St. Thomas): “The Dormant Fourteenth Amendment”
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• Commentary: Earl Maltz (Rutgers University)
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• Discussion: Michael Paulsen (University of St. Thomas)
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Second Paper

• Presentation: John Harrison (University of Virginia): “Suspension of Habeas Corpus”
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• Commentary: Stephen Vladeck (American University)
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• Discussion: John Harrison (University of Virginia)
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Third Paper

• Presentation: Heidi Hurd (University of Illinois): “A Critique of Intentionalism”
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• Commentary: Stanley Fish (Florida International University)
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• Discussion: Heidi Hurd (University of Illinois)
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Fourth Paper

• Presentation: Bernadette Meyler (Cornell University): “Expanded Pardons: Presidents Prevailing Over Kings”
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• Commentary: Sai Prakash (University of Virginia)
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• Discussion: Bernadette Meyler (Cornell University)
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Fifth Paper

• Presentation: Richard S. Kay (University of Connecticut): “Constituent Authority”
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• Commentary: John McGinnis (Northwestern University)
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• Discussion: Richard S. Kay (University of Connecticut)
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Sixth Paper

• Presentation: Will Baude (Robbins, Russell, Englert, Orseck, Untereiner & Sauber): “Impure Originalism”
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• Commentary: Vikram Amar (University of California, Davis)
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• Discussion: Will Baude (Robbins, Russell, Englert, Orseck, Untereiner & Sauber)
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Seventh Paper

• Presentation: Robert Bennett (Northwestern University): “Originalism and The Living American Constitution”
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• Commentary: Larry Solum (University of Illinois)
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• Discussion: Robert Bennett (Northwestern University)
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Empirical Studies in Intellectual Property

Joan B. Kroc Institute for Peace & Justice at the University of San Diego

This conference provided practitioners with an overview of the data and empirical analysis available from the U.S. Patent & Trademark Office, the federal courts, academia, and private industry. The session included a series of panels and presentations by prominent Federal Circuit and local judges, corporate and law firm counsel and academics. Several IP professors presented the results of their latest studies on patent examination and litigation, and panels made recommendations on the types of data and studies that practitioners, judges and clients would like to see offered in the future.

Conference Details

Industry, Practitioner, and Judicial Perspectives on Empirical Legal Studies in IP

• Watch the presentations
• Watch the panel discussion

Empirical Research in IP at the U.S. Patent & Trademark Office

• Dr. Stuart Graham

Academic Presentations in Empirical Legal Studies in IP
(Part I)

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• Watch the panel discussion

Academic Presentations in Empirical Legal Studies in IP
(Part II)

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• Watch the panel discussion

Why War Won't Go Away

By Victor Davis Hanson, Martin and Illie Anderson Senior Fellow at the Hoover Institution

Neither modern sophistication nor high technology has changed the principles of conflict—given that war is a wholly human enterprise and human nature is largely unchanging. A review of some 2,500 years of wisdom about why wars start, the manner in which they are conducted, and how they end would remind us, of the modern age, that, despite our denials, we are mostly no different from those who warred in the past.

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Tales of Fraud and Corruption:

"Corporate Governance in Emerging Markets"

Cynthia Richson, Co-director or the Center for Corporate & Securities Law at USD School of Law, moderated a panel of experts including William F. Browder and Robert P. Smith. The panel discussed the risks and rewards of investing in emerging markets such as Russia and Turkey.

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26th Nathaniel L. Nathanson Memorial Lecture

"Fundamental Questions about the Religion Clauses: Reflections on Some Critiques"
By Kent Greenawalt, University Professor, Columbia University

Greenawalt discussed the nature of reasoning about basic moral, political, and constitutional issues, the relevance of relying on religious perspectives in addressing the religion clauses and the defensibility of justifications. He also discussed the legal standards that rely on multiple considerations and the wisdom of judges deferring to the political branches in this domain of constitutional law.

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Where is Corporate and Securities Litigation Headed Post–Crisis?

Hosted by the Center for Corporate and Securities Law, panelists Brian R. Cheffins, William Lerach and Frank Partnoy discussed trends in the aftermath of the financial crisis, including the changes in the nature and extent of state court filings in Delaware and the approaches taken in recent federal securities class action lawsuits against major financial institute.

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