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Constitutional Interpretation in a Polarized Era
January 30 @ 3:45 pm - January 31 @ 12:15 pm
Program Schedule
Thursday January 30, 2025
Introduction (3:45 PM)
Panel #1: Should Interpretation Change? (3:50 pm – 5:20 pm)
- Aaron Tang, UC Davis School of Law
- Daniel Epps, Washington University School of Law
- Tara Grove, University of Texas School of Law
- Zachary Price, UC Law San Francisco
Thursday January 31, 2025
Panel #2: Disagreement, Federalism, and Structure (9:00 am – 10:30 am)
- J. Joel Alicea, Catholic University School of Law
- Bernadette Meyler, Stanford Law School
- Charles Tyler, UC Irvine School of Law
- Jonathan Gould, UC Berkeley School of Law
Panel #3: Remedies and Administration (10:45 am – 12:15 pm)
- Mila Sohoni, Stanford Law School
- Katherine Mims Crocker, Texas A&M School of Law
- Daniel Walters, Texas A&M School of Law
- Jodi Short, UC Law San Francisco
Concluding Remarks (12:15 pm)
Featured Speakers:
J. Joel Alicea
Associate Professor of Law and Director, the Center for the Constitution and the Catholic Intellectual Tradition (Catholic University School of Law)
J. Joel Alicea is an Associate Professor of Law at the Catholic University of America’s Columbus School of Law and the Director of the Law School’s Center for the Constitution and the Catholic Intellectual Tradition. Prior to joining the Catholic Law faculty, Professor Alicea practiced law for several years at the law firm of Cooper & Kirk, PLLC, where he specialized in constitutional litigation. He previously served as a law clerk for Justice Samuel A. Alito, Jr., on the United States Supreme Court and for Judge Diarmuid F. O’Scannlain on the United States Court of Appeals for the Ninth Circuit.
Professor Alicea’s scholarship focuses on constitutional theory. His scholarship has appeared, or is forthcoming, in the Yale Law Journal, the University of Pennsylvania Law Review, the Virginia Law Review, and the Notre Dame Law Review, among other publications. He has also been active in public debates about constitutional law, publishing essays in journals such as City Journal and National Affairs.
Professor Alicea is a graduate of Harvard Law School and Princeton University. He is a Fellow at Catholic Law’s Center for Religious Liberty and a Nonresident Fellow at The American Enterprise Institute.
Katherine Mims Crocker
Professor of Law, Texas A&M School of Law
Katherine Mims Crocker is a Professor of Law and the inaugural Faculty Director of the Center on the Structural Constitution at Texas A&M University School of Law. Her scholarship concentrates on federal courts, civil-rights litigation, constitutional law, and state and local-government law. She has also taught courses in civil procedure, property, and judicial decisionmaking. Professor Crocker has published work in top journals including the Duke Law Journal, the Michigan Law Review, the Minnesota Law Review, the Notre Dame Law Review, and the Virginia Law Review.
Before joining Texas A&M, Professor Crocker was on the faculty at William & Mary Law School and completed a fellowship at Duke Law School. She also practiced at McGuireWoods LLP in Richmond, Virginia, where she focused on appellate litigation. Professor Crocker clerked for Justice Antonin Scalia of the Supreme Court of the United States and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.
She received her law degree from the University of Virginia, where she graduated first in her class and was an Articles Development Editor on the Virginia Law Review. She earned her undergraduate degree from Harvard University.
Daniel Epps
Professor of Law, Washington University School of Law
Daniel Epps is a Professor of Law at Washington University in St. Louis, where his research and teaching focus on constitutional law, criminal procedure, and federal courts. His scholarship has been published in the nation’s leading law reviews, including the Harvard Law Review, the Yale Law Journal, and the Columbia Law Review. His writing for popular audiences has appeared in high-profile venues such as the New York Times, the Washington Post, and The Atlantic.
He has particular expertise in Supreme Court reform, where his work is influencing major policy debates. After presidential candidate Mayor Pete Buttigieg endorsed his and Ganesh Sitaraman’s proposal to restructure the Supreme Court, the plan received widespread attention in the popular press. He currently co-hosts (with Professor William Baude) Divided Argument, a podcast that analyzes the Court’s work.
Prof. Epps received his A.B. summa cum laude with highest distinction in philosophy from Duke University and his J.D. magna cum laude from Harvard Law School. After law school, he clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and for Justice Anthony M. Kennedy of the Supreme Court of the United States. He then spent several years in practice as an appellate litigator in Washington, D.C.
Jonathan Gould
Class of 1965 Professor of Law, UC Berkeley Law
Jonathan Gould is the Class of 1965 Professor of Law at UC Berkeley. His research focuses on the relationship between politics and law, with special attention to Congress and the legislative process. In exploring these topics, he draws on a variety of methods and literatures, including from public law, political theory, and political science. Gould’s scholarship has been published or is forthcoming in the flagship law reviews at Harvard, Yale, N.Y.U., Virginia, Chicago, Michigan, Georgetown, and Vanderbilt, as well as various specialty and peer-review journals.
At Berkeley Law, Gould teaches Legislation and Statutory Interpretation, Administrative Law, and seminars on a variety of public law topics. He is also the faculty director of the Kadish Center for Morality, Law & Public Affairs.
Gould received his J.D. magna cum laude from Harvard Law School, where he served as President of the Harvard Law Review, and his Ph.D. from Harvard’s Department of Government.
Tara Grove
Vinson & Elkins Chair in Law, University of Texas School of Law
Tara Leigh Grove is the Vinson & Elkins Chair in Law at the University of Texas School of Law. Grove’s research focuses on the federal judiciary, interpretive theory, and the constitutional separation of powers. In 2021, Grove served on the Presidential Commission on the Supreme Court of the United States, a bipartisan commission created by President Biden and charged with examining proposals for Supreme Court reform.
Grove graduated summa cum laude from Duke University and magna cum laude from Harvard Law School. Grove then clerked for Judge Emilio Garza on the U.S. Court of Appeals for the Fifth Circuit, and spent four years as an attorney for the U.S. Department of Justice, Civil Division, Appellate Staff, where she argued fifteen cases in the courts of appeals.
Grove’s research focuses on the federal judiciary, interpretive theory, and the constitutional separation of powers. She has published with such prestigious law journals as the Harvard Law Review, the Columbia Law Review, the University of Pennsylvania Law Review, and the New York University Law Review. Grove has received awards for both her research and her teaching.
Bernadette Meyler
Carl and Sheila Spaeth Professor of Law and Associate Dean for Research and Intellectual Life, Stanford Law School
Bernadette Meyler is a scholar of British and American constitutional law and of law and the humanities. She is also a 2020 Guggenheim Fellow in Constitutional Studies. Her research and teaching bring together the sometimes surprisingly divided fields of legal history and law and literature. They also examine the long history of constitutionalism, reaching back into the English common law ancestry of the U.S. Constitution.
Professor Meyler’s books stem from these respective areas of her scholarship. Theaters of Pardoning (Cornell UP, 2019) demonstrates that the representation of pardoning tracks changing conceptions of sovereignty within the plays and politics of seventeenth-century England. In doing so, the book considers how the shared audiences of dramatic and historical tragicomedy—whether Kings, students at the Inns of Court, or potential jurors—brought concepts from the literary into the legal arena and back again. Her current project, Common Law Originalism, shifts to the American context, looking at the multiple eighteenth-century common law meanings—both colonial and English—of various constitutional terms and phrases. Based on this variety, as well as on the practices of common law interpretation with which members of the Founding generation were familiar, the book argues that we should, in large part, reject the pursuit of a singular and determinate original meaning; instead, it contends, we must embrace a more vigorous debate in the present over contested constitutional meanings. Professor Meyler is also the co-editor of several collections of essays in law and the humanities designed to introduce scholars and students to the field, including, with Elizabeth Anker, New Directions in Law and Literature (Oxford UP, 2017) and, with Simon Stern and Maksymilian Del Mar, The Oxford Handbook of Law and the Humanities (Oxford UP, 2020).
After receiving her BA in Literature with a focus on Classics at Harvard University, Professor Meyler obtained her JD from Stanford Law School and completed a PhD in English at UC, Irvine as a Mellon Fellow in Humanistic Studies and a Chancellor’s Fellow. Following law school, Professor Meyler clerked for the Hon. Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit.
Zachary Price
Professor of Law and Eucalyptus Foundation Endowed Chair, UC Law San Francisco
Professor Zachary Price holds the Eucalyptus Foundation Endowed Chair at the University of California College of the Law, San Francisco (formerly UC Hastings), where he teaches constitutional law and civil procedure. In Fall 2023, he was the Bruce Bromley Visiting Professor of Law at Harvard Law School. His scholarly work has appeared in numerous leading law reviews and addressed topics including federal enforcement discretion, Congress’s power of the purse, and Congress’s power to structure the military. His book Constitutional Symmetry: Judging in a Divided Republic was published by Cambridge University Press in 2024, and he has also written for publications including Lawfare, SCOTUSblog, the Wall Street Journal, the Washington Post, and The Hill.
Professor Price received his undergraduate degree with honors and distinction from Stanford University and his JD magna cum laude from Harvard Law School. He clerked for Associate Justice Anthony M. Kennedy of the U.S. Supreme Court, Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit, and Judge Catherine C. Blake of the U.S. District Court for the District of Maryland. Before entering academia, he worked in private practice and at the Office of Legal Counsel of the U.S. Justice Department. He also served as a fellow for one year at the Stanford Constitutional Law Center.
Jodi Short
Mary Kay Kane Professor of Law, UC Law San Francisco
Jodi Short is the Mary Kay Kane Professor of Law at UC Law, San Francisco. She teaches Constitutional Law, Administrative Law, Legislation, Compliance & Risk Management for Attorneys, and Transnational Labor Regulation. Her research investigates various facets of regulation and governance, including regulatory compliance and enforcement, private voluntary regulation, and separation of powers in the U.S. administrative state. Recent work reveals the tension between the major questions doctrine and Roberts Court presidentialism, documents how agencies implement broadly worded statutory “public interest” standards and identifies a moral turn in administrative law. Her ongoing research explores the relationship between social activism and corporate compliance with private regulation; tests the efficacy of different messaging strategies on compliance with environmental regulations; and analyzes how the concept of “tyranny” is understood and deployed in U.S. Supreme Court jurisprudence.
Mila Sohoni
Professor of Law and the John A. Wilson Distinguished Faculty Scholar, Stanford Law School
Mila Sohoni is a Professor of Law and the John A. Wilson Distinguished Faculty Scholar at Stanford Law School. She focuses her scholarship on civil procedure, administrative law, federal courts, and legislation.
Sohoni’s scholarship has appeared in many leading journals of law, including the Yale Law Journal, the Harvard Law Review, the Virginia Law Review, the University of Pennsylvania Law Review, and the Duke Law Journal. Her article “The Lost History of the ‘Universal’ Injunction,” 133 Harvard L. Rev. 920 (2020) was a co-winner of the American Constitution Society’s 2020 Richard D. Cudahy Writing Competition on Regulatory and Administrative Law. “Crackdowns,” 103 Virginia L. Rev. 31 (2017) received the honorable mention in the 2017 Scholarly Papers Competition sponsored by the Association of American Law Schools (AALS) and was also awarded the AALS Section on Criminal Justice’s Junior Scholar Award for 2017. “The Power to Privilege,” 163 U. Penn. L. Rev. 487 (2015) was selected for presentation at the 2014 Harvard/Stanford/Yale Junior Faculty Forum.
After graduating cum laude from Harvard Law School, where she served as book reviews chair and an articles committee member for the Harvard Law Review, Sohoni served as a law clerk to the Honorable Judith W. Rogers of the U.S. Court of Appeals for the District of Columbia Circuit. She practiced law at Jenner & Block LLP in New York and Washington, DC, and was an acting assistant professor of lawyering at New York University School of Law. Prior to joining SLS, she was a professor at the University of San Diego School of Law, where she received several awards for her teaching and scholarship.
Sohoni was appointed a Public Member of the Administrative Conference of the United States (ACUS) in 2022. She is a member of the American Law Institute. She served as the Chair of the AALS Section on Administrative Law in 2022-2023, and she is a contributor to the Administrative Law section of JOTWELL. She has been a visiting professor of law at Harvard Law School and the University of Pennsylvania School of Law.
Before attending law school, Sohoni spent two years as a science and technology correspondent for The Economist in New York and in London. She was a Rotary Foundation Ambassadorial Scholar at Cambridge University, where she received her MPhil with distinction (first class) in the history and philosophy of science. She graduated magna cum laude from Harvard College with a degree in chemistry.
Aaron Tang
Professor of Law, UC Davis School of Law
Aaron Tang is a law professor at the University of California, Davis. His scholarship has appeared in the California Law Review, Columbia Law Review, University of Pennsylvania Law Review, Stanford Law Review, and University of Virginia Law Review, among other journals. Tang writes about the Supreme Court in popular media, including in the New York Times, Los Angeles Times, Washington Post, Slate, and The Atlantic. He is the author of Supreme Hubris: How Overconfidence is Destroying the Court—and How We Can Fix It, published in 2023 by Yale University Press. Tang is also the host and moderator of the PBS TV series, Deadlock, which premiered in 2024. He was a law clerk for Justice Sonia Sotomayor in the 2013-14 Term.
Charles Tyler
Assistant Professor of Law, UC Irvine School of Law
Charles (Chas) Tyler’s teaching and research focuses on federal courts, constitutional law, and civil procedure. His academic work has appeared in the Yale Law Journal, the Columbia Law Review, the University of Chicago Law Review, the Vanderbilt Law Review, and the Notre Dame Law Review, among others. In 2022, his article, The Adjudication Model of Precedent, won the American Academy of Appellate Lawyers’ Eisenberg Prize for the best publication on appellate law.
Professor Tyler graduated summa cum laude from the University of Notre Dame and received a BPhil with distinction from Oxford University, where he was a Clarendon Scholar. He then earned his JD from Yale Law School, where he was an editor of the Yale Law Journal and a Beinecke Scholar. Prior to joining UC Irvine, he was an Associate Professor of Law at George Washington University Law School; a Visiting Professor of Law at Stanford Law School and Peking University School of Transnational Law; a law clerk to Judge William Fletcher of the U.S. Court of Appeals for the Ninth Circuit and Justice Goodwin Liu of the California Supreme Court; and an associate in the Supreme Court and Appellate practice group at Orrick, Herrington & Sutcliffe.
Daniel Walters
Associate Professor of Law, Texas A&M School of Law
Daniel E. Walters is an Associate Professor at the Texas A&M University School of Law. Before joining Texas A&M Law’s faculty, he was an Assistant Professor at Penn State Law, a Regulation Fellow at the University of Pennsylvania Carey Law School, and a law clerk to the Hon. M. Margaret McKeown on the U.S. Court of Appeals for the Ninth Circuit. His primary areas of research and teaching are administrative law, energy and environmental regulation, and bureaucratic politics. His work, which often crosses interdisciplinary boundaries and incorporates empirical inquiry, has been published in top journals, including the Stanford Law Review, the Yale Law Journal, and the Columbia Law Review. Professor Walters is a former winner of the American Constitution Society’s Richard D. Cudahy Writing Competition in Administrative and Regulatory Law and the Beryl Radin Award for outstanding contribution to the Journal of Public Administration.
Research & Theory. He serves as a Council Member on the ABA Section on Administrative Law & Regulatory Practice, and he is Editor-in-Chief of the Section’s quarterly magazine, Administrative & Regulatory Law News. Professor Walters holds a Ph.D. in Political Science from the University of Wisconsin-Madison and a J.D. from the University of Michigan Law School.
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