11th Annual Junior Faculty Federal Courts Workshop

September 6-7, 2019

University of Arkansas School of Law

The University of Arkansas School of Law is excited to host this workshop, which gives junior scholars an opportunity to receive feedback on works-in-progress. There will be panels at which junior scholars are paired with senior commentators as well as two break-out sessions.

Parking

Visit the university parking map or the visitor parking guide for additional details. The university has four parking garages on campus that charge an hourly rate: Garland Avenue Parking Garage, Stadium Drive Parking Garage, Harmon Avenue Parking Garage and Meadow Street Parking Garage. The university parking map indicates the garage locations.

Lodging

See our page on Hotels in Fayetteville for information on lodging in the Fayetteville, Arkansas, area.

---

Schedule

Thursday, September 5

Arrival

6:30 Meet at Carnall Hall for optional informal dinner and drinks

Friday, September 6

8:45 – meet at Carnall Hall to walk to the law school

9:00 – 9:30 Breakfast

9:30 – 11:30

Panel 1

Allan Erbsen (senior commentator)

Maggie Gardner, Dangerous Citations

Merritt E. McAlister, “Downright Indifference”: Examining Unpublished Decisions in the Federal Courts of Appeals

Portia Pedro, The Chancellors’ New Clothes

Noah Smith-Drehlich, Reclaiming Constitutional Tort Law

11:30 – 1:00 Lunch

1:00 – 2:30 Break-out sessions

Break-out session A

Z. Payvand Ahdout, Direct Collateral Review

Benjamin B. Johnson & John Newby Parton, Judges Behaving Badly: Owning Stock in a Party But Failing to Recuse

G. Alex Nunn, Jurisdictional Elements and the Jury

Danya Reda, Orientalizing Procedure

Break-out session B

Daniel D. Birk, Congress’s Power Over Supreme Court Procedure

Richard L. Heppner, Jr., Conceptualizing Appealability: Resisting the Supreme Court’s Categorical Imperative

David Hausman & Marah Taufique, Why Appellate Review Means No Review

2:30 – 2:50 Coffee break

2:50 – 4:20

Panel 2

Nancy Leong (senior commentator)

Daniel Epps & William Ortman, The Defender General

Katherine A. Macfarlane, Procedural Animus

Matthew A. Shapiro, Distributing Procedure

5:45 Shuttle departs Carnall Hall for dinner at Fowler House

6:00 – 6:30 Cocktail (half) hour

6:30 – 8:00 Dinner

Saturday, September 7

8:00 – 8:30 Breakfast

8:30 – 10:00

Panel 3

Jonathan Siegel (senior commentator)

Thomas B. Bennett, The Paradox of Exclusive State-Court Jurisdiction Over Federal Claims

Paul R. Gugliuzza, Rising Confusion About “Arising Under” Jurisdiction in Patent Cases

Justin Weinstein-Tull, The Structures of Local Courts

10:00 – 10:15 Coffee break

10:15 – 11:45

Panel 4

Robin J. Effron (senior commentator)

Maureen Carroll, The Central Tensions of Statutory Fee Shifting

Roger Michalski, MDL Immunity: Lessons From the National Prescription Opiate Litigation

Yanbai Andrea Wang, Exporting American Discovery

---

Workshop Paper Drafts

All drafts are available for download as PDF files below:

Ahdout: "DIRECT COLLATERAL REVIEW"

Bennett: "THE PARADOX OF EXCLUSIVE STATE-COURT JURISDICTION OVER FEDERAL CLAIMS"

Birk: "CONGRESS’S POWER OVER SUPREME COURT PROCEDURE"

Carroll: "The Central Tensions of Statutory Fee Shifting"

Epps & Ortman: "The Defender General"

Gardner: "DANGEROUS CITATIONS"

Gugliuzza: "RISING CONFUSION ABOUT 'ARISING UNDER' JURISDICTION IN PATENT CASES"

Hausman and Taufique: "WHEN APPELLATE REVIEW MEANS NO REVIEW"

Heppner: "Concept Models of Appealability"

Johnson and Parton: "JUDGES BEHAVING BADLY: OWNING STOCK IN A PARTY BUT FAILING TO RECUSE"

Macfarlane: "PROCEDURAL ANIMUS"

McAlister: "'Downright Indifference': Examining Unpublished Decisions in the Federal Courts of Appeals"

Michalski: "MDL IMMUNITY: LESSONS FROM THE NATIONAL PRESCRIPTION OPIATE LITIGATION"

Nunn: "Jurisdictional Elements and the Jury"

Shapiro: "DISTRIBUTING PROCEDURE"

Smith-Drelich: "RECLAIMING CONSTITUTIONAL TORT LAW"

Wang: "Exporting American Discovery"

Weinstein-Tull: "THE STRUCTURES OF LOCAL COURTS"