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Supreme Court Workshop

Winter 2018

IMPORTANT DATES:

Application Deadline: Closed

Supreme Court Workshops:

January 17, 2018, 6:00—8:00pm

January 29, 2018, 6:30—8:30pm

February 16, 2018, 6:00—8:00pm

February 27, 2018, 6:00—8:00pm

Application Requirements

PDF of application process


Are you interested in some of the hot button issues the Supreme Court will decide this coming term involving cell phones and the Fourth Amendment, Trump’s immigration ban, discrimination against same sex couples in providing wedding services, and the permissibility of political gerrymandering?  Do you want to engage with scholars in a seminar style format about the ethical issues these cases raise?  If the answer is “yes,” you should consider applying for the Ethics Institute’s Supreme Court Workshop.

Supervised by:  Sonu Bedi, Director of the Ethics Institute and Associate Professor of Government

The Supreme Court 2017-2018Description:  The United States Supreme Court hears cases for the 2017-18 term from October to early spring, with decisions being announced later that year.  The Ethics Institute will conduct a workshop in Winter 2018 where students learn about some of these pending cases and the ethical issues they raise.  For each session, the Institute will bring a visiting legal scholar to discuss the case.   The speaker will be coming solely to meet with students in the workshop.  The Institute will provide dinner during the session.  The hope is that students will get a chance to learn about a pending case and to think critically about it before the Court announces its decision. No prior background in law is required. The workshop is open to all undergraduates.  This will be a unique opportunity for students to interact with leading legal scholars in a more informal, seminar style setting rather than a conventional lecture format.  These scholars will be coming from the University of Chicago Law School, Boston University School of Law, and the American University Washington College of Law.

The requirements of the workshop include:  attendance at all sessions, completion of selected readings before each session, and a commitment to participate fully during the session. Although students will not receive formal academic credit for the workshop, the Ethics Institute will confer a certificate of completion for those students who complete the workshop.  The enrollment cap is 12 students.

Supreme Court case list (with a session devoted to each):

Trump v. International Refugee Assistance (the Court will decide whether Trump’s immigration ban is a violation of the Establishment Clause of the Constitution)

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (the Court will decide whether wedding cake bakers have a constitutional right to refuse to serve same sex couples for religious reasons)

Carpenter v. United States (the Court will decide whether the government violates the Fourth Amendment of the Constitution by accessing a cell phone’s GPS location without a warrant)

Gill v. Whitford (the Court will decide whether political gerrymandering—crafting districts on the basis of political affiliation—violates the Equal Protection Clause of the Constitution).

FormatThere will be four evening meetings for the workshop during the Winter 2018 term, all which you must attend. Only students who can commit to attending every meeting should apply for the workshop. The outside speakers are coming to speak only to the workshop participants.

The meeting times for the four sessions and the names of the participants and their biographies appear below. The Institute will provide dinner.  All sessions will take place at the Ethics Institute which is on the 2nd floor of Haldeman.

Winter 2018

January 17 (Wednesday): 6 to 8pm.  Facilitated by: Professor Sonu Bedi (Department of Government).  This will be the introductory session.  We will also discuss Trump v. International Refugee Assistance.

January 29 (Monday): 6:30 to 8:30pm.  Gill v. Whitford.  Facilitated by Professor Nicholas O. Stephanopoulos (University of Chicago Law School).

February 16 (Friday): 6 to 8pm. Carpenter v. United States Facilitated by Professor Jennifer Daskal (American University Washington College of Law). 

February 27 (Tuesday): 6 to 8pm.  Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission Facilitated by Professor Linda C. McClain (Boston University School of Law).

Sonu BediSonu Bedi is the Joel Parker 1811 Professor in Law and Political Science and associate professor of Government and the Hans '80 and Kate Morris Director of the Ethics Institute at Dartmouth College where he has been teaching since January 2007. He is the author of three books: Political Contingency (NYU Press: 2007) (co-editor), Rejecting Rights (Cambridge University Press: 2009), and Beyond Race, Sex, and Sexual Orientation:  Legal Equality without Identity (Cambridge University Press: 2013). He has published articles in the following peer reviewed journals: Political Theory, Journal of Politics, Journal of Political PhilosophyStudies in Law, Politics, and SocietyJournal of Moral Philosophy, Criminal Law and Philosophy, and Polity. He has published in the Boston University Law Review, the Georgia Law Review, the Wisconsin Law Review Online, and the Cleveland State Law Review . He was a partner investigator in a three-year Australian Research Grant entitled "A Constructive Critique of the Political Approach to the Philosophy of Human Rights," a grant that seeks to study the many uses of human rights discourse in contemporary politics.  He was awarded the John M. Manley Huntington Award for newly tenured faculty in recognition of outstanding merit in 2013. He was also awarded the Jerome Goldstein Award for Distinguished Teaching (twice), chosen by a vote of the class of 2014 and the class of 2017.  His research interests are in the areas of contemporary political theory, constitutional law and theory, and race, law and identity. He holds a doctorate in political science from Yale and a law degree from Harvard Law School. He also worked as a litigation associate focusing on First Amendment law at Cahill, Gordon, and Reindel. He routinely teaches courses on constitutional law, civil liberties, legal theory, freedom of speech, and theories of justice.

Nicholas StephanopoulosNicholas Stephanopoulos is a professor of law and the Herbert and  Marjorie Fried Research Scholar at the University of Chicago.  His research and teaching interests include election law, constitutional law, legislation, administrative law, comparative law, and local government law. His academic work has appeared in, among others, the Columbia Law Review, Harvard Law Review, NYU Law Review, Stanford Law ReviewUniversity of Chicago Law Review, University of Pennsylvania Law Review, Virginia Law Review, and Yale Law Journal. He has also written for popular publications including the New York Times, the Los Angeles Times, the Chicago Tribune,the Atlantic, the New Republic, Slate, and Vox. He has been involved in several litigation efforts as well, including the first successful partisan gerrymandering lawsuit in more than thirty years.

Before joining the Law School faculty, he was an Associate-in-Law at Columbia Law School. He previously worked in the Washington, DC office of Jenner & Block LLP, where his practice focused on complex federal litigation, appellate advocacy (including ten Supreme Court briefs), and election law (particularly redistricting and campaign finance). Before entering private practice, he clerked for Judge Raymond C. Fisher of the Ninth Circuit Court of Appeals.

A 2006 graduate of Yale Law School, Stephanopoulos also holds an MPhil in European Studies from Cambridge University and an AB in government from Harvard College, graduating summa cum laude in 2001. While at Yale, he served as Editor-in-Chief of the Yale Journal of International Law, received the Jewell Prize for best second-year student contribution to a law journal, and was a finalist in both the moot court and mock trial competitions.

Jennifer DaskalJennifer Daskal is an Associate Professor of Law at American University Washington College of Law, where she teaches and writes in the fields of criminal, national security, and constitutional law. She is on academic leave from 2016-2017, and has received an Open Society Institute Fellowship to work on issues related to privacy and law enforcement access to data across borders. From 2009-2011, Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice. Prior to joining DOJ, Daskal was senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff. She also spent two years as a national security law fellow and adjunct professor at Georgetown Law Center.

Daskal is a graduate of Brown University, Harvard Law School, and Cambridge University, where she was a Marshall Scholar. Recent publications include Law Enforcement Access to Data Across Borders: The Evolving Security and Rights Issues (Journal of National Security Law and Policy 2016); The Un-Territoriality of Data (Yale Law Journal 2015); Pre-Crime Restraints: The Explosion of Targeted, Non-Custodial Prevention (Cornell Law Review 2014); and The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ‘Hot’ Conflict Zone (University of Pennsylvania Law Review 2013). Daskal has published op-eds in the New York Times, Washington Post, and International Herald Tribune and has appeared on BBC, C-Span, MSNBC, and NPR, among other media outlets. She is an Executive Editor of and regular contributor to the Just Security blog.

Linda McClainLinda C. McClain is professor of law and the Paul M. Siskind Research Scholar at Boston University School of Law.  She is known for her work in family law, gender and law, and feminist legal theory. Her scholarship addresses the respective roles of families, other institutions of civil society, and of government in fostering citizens’ capacities for democratic and personal self-government. During the 2016-2017 academic year, Professor McClain will be a Laurance S. Rockefeller Visiting Faculty Fellow at Princeton University’s University Center for Human Values. Her current research examines controversies over claims of conscience and the scope of religious liberty in the context of marriage equality, antidiscrimination laws, and health care. She has engaged with prominent communitarian, civic republican and feminist critiques of liberal legal and political theory and offered a reconstructive liberal feminist approach to such matters as privacy, family and marriage, reproductive issues and welfare law. Her work also addresses sex equality as a legal and constitutional commitment and public value, the responsibility of government to promote equality, and societal tensions over equality and its relationship to other values. She is the author of several books and numerous articles and book chapters.

McClain has organized interdisciplinary conferences at BU Law, published as symposia in Boston University Law Review, including: The Civil Rights Act of 1964 at 50: Past, Present, and Future, and Evaluating Claims about ‘the End of Men’: Legal and Other Perspectives. She is affiliated faculty in BU’s Women’s Gender & Sexuality Studies (WGS) Program and coordinates the law school’s participation in the WGS Certificate Program for JD students. She is also faculty advisor to the Women’s Law Association. From 2010 to 2014, she was a faculty fellow at the BU School of Theology. She contributes to the blog, Balkinization, and frequently speaks to the press on issues concerning family law and marriage. Since 2013, she has been co-editor of the annual book review issue of the Tulsa Law Review. Professor McClain is past chair of the Association of American Law Schools Section on Family and Juvenile Law and served on the Planning Committee for the 2015 Midyear Workshop, Shifting Foundations in Family Law: Family Law’s Response to Changing Families. She is a member of the American Law Institute, the Council on Contemporary Families, the American Political Science Association, and the American Society for Political and Legal Philosophy. Since 2000, she has been on the advisory board of the Feminist Sexual Ethics Project at Brandeis University. A former faculty fellow at the Harvard University Center for Ethics and the Professions (now the Safra Center), Professor McClain has been a visiting professor of law at Harvard University, the University of Pennsylvania, and the University of Virginia. Before joining the faculty of Boston University School of Law in fall 2007, Professor McClain was the Rivkin Radler Distinguished Professor of Law at Hofstra Law School, where she was also co-director of the Institute for the Study of Gender, Law, and Policy. Prior to entering the legal academy, she practiced litigation at Cravath, Swaine & Moore.

Application Requirements

To apply for the workshop, please include the following in one Word or PDF document. Application deadline closed.

  1. Name and Email
  2. Class Year
  3. Anticipated Major(s)
  4. A statement explaining why you would like to participate in the workshop and how you plan to contribute to making the workshop successful. (Limit is 750 words). Place the word count at the top of your statement.
  5. A current c.v.
  6. An unofficial transcript

Please make sure your entire application (e.g., c.v., statement, transcript) is in one Word or PDF document.  Send completed applications to ethics.institute@dartmouth.edu

Last Updated: 11/16/17