What good is sitting alone in your room without catching up on your video watching? This newly released panel discussion from the 1991 (!) Federalist Society National Lawyers Convention tackles the then-afoot trend to diminish the domain of traditional principles of contract in favor of prescribed duties under tort law, a trend I had discussed in my book The Litigation Explosion in that year. That particular trend, like some of the others I criticized, was to turn around in later years; contract did not die and in fact came back strong as it remains today.

It was quite a line-up that day:

Featuring:

Walter Olson, Manhattan Institute
Hon. Joseph R. Grodin, University of California Hastings College of Law and former Associate Justice, California Supreme Court
Prof. Randy E. Barnett, Chicago-Kent College of Law
Prof. E. Allan Farnsworth, Columbia Law School
Moderator: Hon. Robert Bork, American Enterprise Institute and former Supreme Court nominee

A direct YouTube link is here.

From the FedSoc archives: “The Death of Contract and the Rise of Tort” is a post from Overlawyered - Chronicling the high cost of our legal system

“If the Judicial Conference does ban judges from being members of the Federalist Society, it will need to do the same for the ABA. Unlike the Federalist Society, which takes no stand on any legal or political issue, the ABA weighs in on countless issues… [and] files amicus curiae briefs before the Supreme Court, again with a consistent slant to the left. The long march through the institutions infiltrated the ABA long ago.

“Similarly, membership in ‘affinity bar associations’ like the National Hispanic Bar Association and the National Bar Association (which is for African American lawyers), and the National Association of Women Lawyers will need to be prohibited. Those left-leaning organizations routinely take stands on controversial issues and file amicus briefs. The Federalist Society never does and never will.” [Gail Heriot; Wall Street Journal editorial board; earlier on Federalist Society and its critics here, here, etc.]

Panel wants to ban judges from membership in Federalist Society is a post from Overlawyered - Chronicling the high cost of our legal system

September 10 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

The Maryland gerrymander case, back for its third trip to the Supreme Court, was argued March 26. This Federalist Society animated video about the case has me as narrator. Jon Levitan at SCOTUSBlog rounds up commentary on the oral argument. The Brennan Center offers an annotated guide to the amicus briefs.

Lamone v. Benisek, brought to life on video is a post from Overlawyered - Chronicling the high cost of our legal system

I’ve been active in the Society since not long after its founding, and Montgomery keeps hitting the target. For example: if you make the rounds of the society’s events, you will get exposed to a stellar array of liberal and left legal talent, because the organization is serious about bringing in top-drawer opponents for debates and panels. Likewise with the decentralization of the Society’s activity — the fact that the bulk of its long-term impact arises organically from interactions among its members rather than being instigated by its national office. Good reading [Stars and Stripes reprint]

Inside the Federalist Society is a post from Overlawyered - Chronicling the high cost of our legal system

“Are you now, or have you ever been, a member of the Federalist Society?” is a post from Overlawyered - Chronicling the high cost of our legal system

Supreme Court and constitutional law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Supreme Court and constitutional law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Surveillance roundup is a post from Overlawyered - Chronicling the high cost of our legal system

P.S. And on the Citizens United decision [BLT]:

Alito said arguments can be made for overturning Citizens United, but not the popular one that boils down to one line: Corporations shouldn’t get free speech rights like a person.

“It is pithy, it fits on a bumper sticker, and in fact a variety of bumper stickers are available,” Alito told a crowd of about 1,400 at The Federalist Society’s annual dinner. He cited two: “End Corporate Personhood,” and “Life does not begin at incorporation.”

Then Alito pointed out the same people do not question the First Amendment rights of media corporations in cases like The New York Times Co. v. Sullivan, the Pentagon papers case. If corporations did not have free speech rights, newspapers would lose such cases, he said.

Justice Alito’s speech at the Federalist Society is a post from Overlawyered - Chronicling the high cost of our legal system