Annual Supreme Court Watch: The 2014-2015 Docket

6.0 General AV CLE Credits; WSBA ID #382292

SU Law faculty experts will walk you through the coming term, giving you their analysis and predictions for the big ticket cases and identifying lower profile cases that are poised to become important sleepers.


Recorded:  10/10/2014
Credits:  6.0 General AV CLE ; WSBA ID #382292
Length: 5.5 hours

Featured Speakers:
Andrew Siegel, Charlotte Garden, Aaron Caplan, Deborah Ahrens, Christian Halliburton, Diane Dick, Natasha Martin, Jack Kirkwood, Robert Chang, David Skover

Our annual fast-paced program catching you up on developments at the United States Supreme Court and highlighting the hottest cases likely to be decided during the coming Supreme Court term. Seattle University's expert faculty walk you through the coming term, giving you their analysis and predictions for the big ticket cases and identifying lower profile cases that are poised to become important sleepers. In addition to our usual panels discussing specific cases in particular areas of interest, this year's program will includes an introductory panel taking stock of the Roberts Court as it begins its tenth year and a concluding session speculating about the truly blockbuster cases (on issues like same-sex marriage and abortion) that may well turn this into one of the most momentous terms in the Court's history. Topics include constitutional law, criminal procedure, civil procedure, labor and employment law, intellectual property, antitrust, and business law.


8:30 - 9:00 a.m.
Registration and coffee service

9:00 - 10:00 a.m.
The Roberts Court (Nearly) Ten Years In: Personalities, Trends, and Themes

10:00 - 11:15 a.m.
Criminal Procedure Cases for the Coming Term: Big Decisions for an Evolving Court

11:15 - 11:30

11:30 a.m.-12:30 p.m.
The Constitutional Docket Thus Far: A Treasure Chest of Potential Sleepers

12:30 - 1:30 p.m.
Lunch (on your own)

1:30-3:15 p.m.
A Busy Private Law Term: IP, Securities, Employment Law, and Antitrust

3:15-3:30 p.m.

3:30 - 4:30 p.m.
One of the Biggest Terms Ever? Speculation about Same-Sex Marriage, Abortion, Affirmative Action, Campaign Finance, and More

4:30 p.m.
Course Evaluations and Adjourn


Program Chairperson

Andrew Siegel, Associate Dean for Planning and Strategic Initiatives and Associate Professor of Law, Seattle University School of Law

Professor Andrew Siegel, the Associate Dean for Planning and Strategic Initiatives, joined the law school in 2007 after five years teaching at the University of South Carolina School of Law. Before entering the legal academy, Professor Siegel served as a law clerk to Judge Pierre N. Leval of the United States Court of Appeals for the Second Circuit and to Justice John Paul Stevens of the United States Supreme Court and practiced as a litigation associate in the New York office of Wilmer, Cutler & Pickering. Professor Siegel graduated summa cum laude from Yale College, has a master's degree in history from Princeton University, and graduated summa cum laude and first in his class from New York University School of Law, where he was also an Executive Editor of the New York University Law Review.

Professor Siegel researches and writes about constitutional theory, contemporary constitutional and public law, American legal history, and criminal procedure. He is a nationally recognized expert on the United States Supreme Court, who frequently lectures on that subject in a variety of academic and professional settings. He is a co-author of The Supreme Court Sourcebook (with Richard Seamon, Joe Thai, and Kathryn Watts) and his scholarship has appeared in a variety of journals including the Texas, Fordham, and UC-Davis Law Reviews and the American Journal of Criminal Law. He is currently at work on a variety of projects including an annotated collection of Justice Stevens's writings, a cultural history of the first generation of American law schools, and articles exploring the structure of due process doctrine, the concept of "constitutional culture," and the evolution of thinking about the constitutionality of public school uniforms and dress codes. His writings for the popular press include "Nice Disguise: Alito's Frightening Geniality," (The New Republic, November 15, 2005) and "Farewell to Justice Stevens from those who Knew Him Well" (Washington Post, April 9, 2010) (with Joe Thai and Eduardo Penalver).

As Associate Dean, Professor Siegel is responsible for investigating, developing, and overseeing new programs and initiatives including advanced degree programs, collaborations with other schools, and the law school's new satellite campus; for coordinating long-term planning; and for advising the Dean on pressing strategic matters, including regulatory, accreditation, and rankings issues. In his years at SU, Professor Siegel has chaired the Executive, Faculty Appointments, and Curriculum Committees, coordinated the Faculty Law Firm initiative, and served in a variety of other leadership capacities.


Deborah Ahrens, Associate Professor, Seattle University School of Law

Deborah Ahrens is a tenured Associate Professor who teaches and writes about criminal law, criminal procedure, and evidence. Before joining the faculty at Seattle University, Professor Ahrens served as a law clerk for Judge Amalya Kearse of the United States Court of Appeals for the Second Circuit, a legal fellow at the ACLU's Drug Policy Litigation Project, an Assistant Public Defender at the Richland County (South Carolina) Public Defender, and a Visiting Assistant Professor of Law at the University of South Carolina School of Law. She earned an AB in Public Policy from Brown University, a Masters in Public Policy from Harvard University's John F. Kennedy School of Government, and her JD Magna Cum Laude from New York University, where she was the senior articles editor of the Law Review.

Professor Ahrens' scholarship focuses on the cultural significance of contemporary policing practices and criminal sanctioning regimes, with particular emphasis on drug policy and on the regulation of student speech and conduct. Her articles have appeared in a variety of journals including the American Criminal Law Review, the Florida State Law Review, and the Missouri Law Review. Her current research focuses on the Supreme Court's recent embrace of a broader understanding of the role of the criminal defense attorney in its criminal procedure decisions, on the rise of school uniforms and restrictive student dress codes, and on some of the unexplored frontiers in the legal regulation of alternative criminal sanctions. She is highly regarded teacher who was voted Professor of the Year by the May 2014 graduating class and a frequent speaker at academic and professional events on a wide variety of criminal procedure, evidence, and sentencing issues.

Aaron H. Caplan, Professor of Law, Loyola Law School, Los Angeles

After graduating from the University of Michigan Law School, Aaron Caplan clerked for the Honorable Betty Binns Fletcher, United States Court of Appeals for the Ninth Circuit. From 1992 to 1998, he worked in the Seattle office of Perkins Coie, where his practice included intellectual property matters and other types of commercial litigation. He also maintained an active pro bono practice that included capital habeas corpus, asylum, death with dignity, and freedom of speech.

In 1998, Caplan became the first full-time staff attorney in more than 20 years for the American Civil Liberties Union of Washington, where his practice included freedom of speech, freedom of religion, gay rights, prisoner's rights, access to government documents and much more. At the ACLU, his litigation included some of the nation's first decisions on the free speech rights of public school students on the Internet, the first challenge to the federal No Fly List, and the first decision to order the reinstatement of a gay officer discharged under the Don't-Ask-Don't-Tell statute. Professor Caplan joined the Loyola Law School faculty in 2008.

Robert Chang, Executive Director of the Fred T. Korematsu Center for Law and Equality and Professor of Law

Robert S. Chang is a Professor of Law and Executive Director of the Fred T. Korematsu Center for Law and Equality. He has also previously served as Associate Dean for Research and Faculty Development. He joined the School of Law from Loyola Law School in Los Angeles, where he was Professor of Law and J. Rex Dibble Fellow. A graduate of Princeton and Duke Universities, he writes primarily in the area of race and interethnic relations. He is the author of "Disoriented: Asian Americans, Law and the Nation-State" (NYU Press 1999) and more than 50 articles, essays, and chapters published in leading law reviews and books on Critical Race Theory, LatCrit Theory, and Asian American Legal Studies.

He has received numerous recognitions for his scholarship and service. He was the 2009 co-recipient of the Clyde Ferguson Award, given by the Minority Groups Section of the Association of American Law Schools, which is "granted to an outstanding law teacher who in the course of his or her career has achieved excellence in the areas of public service, teaching and scholarship." Most recently, he was the co-recipient of the 2014 Charles A. Goldmark Distinguished Service Award from the Legal Foundation of Washington for his leadership role in a statewide task force on race and the criminal justice system. In addition to co-chairing the task force, he led the research team that produced its Preliminary Report on Race and Washington's Criminal Justice System that was presented to the Washington Supreme Court and was published simultaneously in the Gonzaga Law Review, the Seattle University Law Review, and the Washington Law Review.

He is currently serving as co-counsel representing high school students in Tucson who have challenged the constitutionality of an Arizona statute that has resulted in the termination of the Mexican American Studies Program in the Tucson Unified School District. That case is now before the U.S. Court of Appeals for the Ninth Circuit. Students from his Civil Rights Amicus and Advocacy Clinic the past several years have assisted on this case.

Diane Dick, Assistant Professor, Seattle University School of Law

Professor Dick joined the faculty in 2011 after receiving her LL.M. in Taxation from the University of Florida Levin College of Law, where she focused on business taxation and served as a Graduate Tax Scholar. From 2005-2010, she was an Associate at Bilzin Sumberg, where she concentrated her practice in mergers and acquisitions, corporate finance, capital market transactions, debt restructuring and loan workouts. While in private practice, Professor Dick's matters included representing the borrower of a fully secured $100 million asset-based credit facility and serving as a special corporate counsel to the debtors in the bankruptcy reorganization of a multibillion dollar joint venture.

Professor Dick focuses her scholarship on how tax and bankruptcy laws shape corporate responses to financial and economic distress. She has written about commercial restructurings under Chapter 11 of the U.S. Bankruptcy Code and the litigation of disputes pertaining to complex commercial financing arrangements. Her current research explores how stakeholders of financially distressed firms exploit various loopholes in Chapter 11 to transfer value outside of bankruptcy's distributional norms. Professor Dick's recent publications include: Grassroots Shareholder Activism in Large Commercial Bankruptcies, forthcoming in The Journal of Corporation Law, Bankruptcy's Corporate Tax Loophole, 82 Fordham L. Rev. 2273 (2014), and The Chapter 11 Efficiency Fallacy, 2013 B.Y.U. L. Rev. 759 (2013). Her scholarship has been showcased on leading corporate and bankruptcy law websites, including the Harvard Law School Bankruptcy Roundtable, The CLS Blue Sky Blog (Columbia Law School's Blog on Corporations and Capital Markets), the American Bankruptcy Institute's Podcast series, The Conglomerate Blog on Business, Law, Economics and Society, and Reuters BreakingViews. In 2013, she was one of twelve legal scholars invited to present her work at the Third Annual Center for Law, Economics & Finance (C-Leaf) Junior Faculty Business and Financial Law Workshop at George Washington University Law School.

Professor Dick is a member in good standing of the Washington, Florida, and District of Columbia bar associations, and has been an active member of the Business Law Sections of the Florida Bar and the Washington State Bar. A frequent speaker at business and real estate CLEs, she served on the Editorial Committee for the Florida Bar Business Law Section's report providing guidance for Florida lawyers delivering legal opinions in business and real estate finance transactions, and currently serves on the Washington State Bar Legal Opinions Committee. A magna cum laude graduate of the University of Florida Levin College of Law, she was the articles editor of the Florida Law Review and won numerous awards during her law school tenure for scholastics, writing and service.

Charlotte Garden, Assistant Professor, Seattle University School of Law

Assistant Professor Charlotte Garden teaches courses in Constitutional Law, Labor Law, and Appellate Litigation. Before joining Seattle University, Professor Garden spent two years as a teaching fellow in the Appellate Litigation Clinic at Georgetown University Law Center, where she also received her LL.M. While there, she argued cases before the Fourth and D.C. Circuits regarding the Prison Litigation Reform Act and the scope of core habeas rights. Professor Garden then clerked for Judge Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit.

A graduate of NYU School of Law and McGill University, Professor Garden also spent several years in practice as a public interest litigator. From 2005-2008, she was an associate at the union-side labor law firm Bredhoff & Kaiser, PLLC in Washington, D.C., where she advocated on behalf of some of America's largest labor unions. Before that, she practiced as a guardian ad litem at the Children's Law Center in Washington D.C., representing children in abuse and neglect proceedings, and held the Abraham Fuchsberg Fellowship at Public Citizen Litigation Group, focusing on consumer safety issues, class action fairness, and internet privacy.

Professor Garden's scholarship focuses on labor law, unions, and the First Amendment. Representative publications include Labor Values are First Amendment Values: Why Union Comprehensive Campaigns are Protected Speech, 79 Fordham L. Rev. 2617 (2011); Citizens, United and Citizens United: The Future of Labor Speech Rights, 53 William & Mary L. Rev. 1 (2012); and "So Closely Intertwined": Labor and Racial Solidarity, forthcoming in the George Washington Law Review.

Christian Halliburton, Associate Professor of Law, Seattle University School of Law

Christian Mukunda Halliburton is an Associate Professor at Seattle University School of Law, where he teaches courses in Criminal Law, Constitutional Law, Criminal Procedure, and Law and Religion. After receiving his JD from Columbia University School of Law, Professor Halliburton spent several years in private firm practice, and two years clerking for the Honorable Barbara Jacobs Rothstein of the United States District Court in Seattle, before joining the faculty at Seattle University in 2002. An anthropologist by training, Professor Halliburton tends to focus his teaching and scholarship on the human aspect of the institution of legal regulation - both in terms of determining optimal regulatory regimes, and as a way of internalizing the universe of societal costs associated with such regulatory systems. Professor Halliburton has written articles on topics ranging from jurisprudential theories of privacy and evidentiary exclusion under the Fourth Amendment to the intersection of race and criminal law in the post-Brown v. Board of Education context. In addition to his teaching and involvement in the Seattle University School of Law community, Professor Halliburton is actively involved in the protection and pursuit of individual civil liberties as a member of the Board of Directors for the American Civil Liberties Union of Washington, and regularly provides public and media presentations on matters involving civil rights and individual freedoms.

John B. Kirkwood, Professor of Law, Seattle University School of Law

John B. Kirkwood is a Professor of Law at Seattle University School of Law and a Senior Fellow of the American Antitrust Institute. His article "Powerful Buyers and Merger Enforcement" won the Jerry S. Cohen Award for the best antitrust scholarship published in 2012. An earlier article on buyer power, "Buyer Power and Exclusionary Conduct," was quoted by the Supreme Court. His work has appeared in the Fordham Law Review, the Notre Dame Law Review, the Boston University Law Review, the George Mason Law Review, and the University of Miami Law Review, among other places. He has edited two books, spoken frequently at antitrust conferences, and consulted on many antitrust matters. He has also testified before Congress and at the hearings on predatory pricing held by the Justice Department and the Federal Trade Commission.

After graduating from Yale magna cum laude and with Honors of Exceptional Distinction in Economics, he received a masters degree in public policy and a law degree from Harvard, both with honors. He directed the Planning Office, the Evaluation Office, and the Premerger Notification Program at the FTC's Bureau of Competition in Washington, D.C. and later managed cases and investigations at the FTC's Northwest Regional Office. At Seattle University, he has received the Outstanding Faculty Award and the Dean's Medal and was an Associate Dean for five years.

Natasha Martin, Associate Professor of Law, Seattle University School of Law

Professor Martin is a Research Fellow of the law school's Fred T. Korematsu Center for Law and Equality and serves on its Steering Committee. She teaches in the areas of Employment Discrimination and Professional Responsibility. Professor Martin's interdisciplinary research focuses on employment discrimination law, critical race theory, and organizational behavior. The main thrust of her academic work centers on contemporary workplace realities and the impact of discrimination law on the inclusion of women, people of color and other marginalized groups. A frequent presenter at national conferences, Professor Martin is dedicated to gender and racial equity, and is serving a second appointment to the Washington State Gender and Justice Commission. Before joining the legal academy, Professor Martin spent several years in private law firm practice focusing on employment discrimination litigation, and served as in-house employment legal counsel to a financial services company in Atlanta, Georgia. Professor Martin also served two years as law clerk to the Honorable Clarence Cooper of the United States District Court for the Northern District of Georgia. She earned her B.S. in Computer Information Systems from Xavier University of Louisiana, and her J.D. from the University of Notre Dame.

David Skover, Frederic C. Tausend Professor of Law, Seattle University School of Law

Professor Skover is the co-author of several books: Tactics of Legal Reasoning (Carolina Academic Press, 1986) (with Pierre Schlag), The Death of Discourse (Westview Press, 1996; Carolina Academic Press, 2nd ed. 2005) (with Ronald K.L. Collins), The Trials of Lenny Bruce (Sourcebooks, 2002; Top Five Books, 2nd ed. 2012) (with Ronald K.L. Collins), Mania: The Story of the Outraged and Outrageous Lives That Launched a Cultural Revolution (Top Five Books, 2013) (with Ronald K.L. Collins), On Dissent: Its Meaning in America (Cambridge University Press, 2013) (with Ronald K.L. Collins), and a work-in-progress, The Judge: 26 Machiavellian Lessons.

In 2003, Skover and his coauthor, Ron Collins, successfully petitioned Governor Pataki of New York State to posthumously pardon Lenny Bruce. In 2004, Skover received the Washington ACLU First Amendment Award and Skover and Collins received the Hugh Hefner First Amendment Award for The Trials of Lenny Bruce and their pardon effort.

Additionally, Professor Skover has authored or co-authored more than twenty-five scholarly articles in various journals, including the Harvard Law Review, Yale Law Journal, Stanford Law Review, Michigan Law Review, Texas Law Review, The Nation magazine, and encyclopedia articles in Encyclopedia of the American Constitution (Macmillan, 1991), Encyclopedia of the Supreme Court of the United States (Macmillan, 2008), and Yale Bibliographical Dictionary of American Law (Yale University Press, 2009).

Professor Skover appears frequently on network affiliate television and has been quoted in the national popular press (e.g. NYT, WSJ, CSM, etc.) on a spectrum of issues ranging from constitutional law to pop media culture and theory. He also is a regionally acclaimed opera and musical theater performer. "Skover Online," his personal Web site, contains much more information on his books, articles, and presentations - and even includes selections from his musical theater recordings on the "Interests & Activities" page.


General Registration - Attorneys - $225.00

Seattle University School of Law Alumni - Attorneys - $195.00

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For further information, please contact the WSBA Service Center at 206-443-WSBA (9722), 800-945-WSBA (9722), or