Appellate Judges Education Institute (Nov. 13-16, 2008, Phoenix, AZ)
SMU Dedman School of Law Logo

2008 Summit


Sponsoring groups:
SG-Spencer Grimes Seminar for Federal and State Appellate Judges;
CAL-Council of Appellate Lawyers;
CASA-Council of Appellate Staff Attorneys.

Each session lists the sponsoring group(s);
however, registrants may choose to attend any of the educational sessions.


Appellate Judges Education Institute 2008 Summit for Appellate Judges, Lawyers and Staff Attorneys
Thursday, November 13, 2008
Doubletree Paradise Valley Resort
9:00 a.m. – 5:15 p.m. Registration Opens (CASA)
12:00 p.m. – 5:15 p.m. Registration Opens (SG,CAL)
12:00 p.m. – 12:15 p.m. CASA Welcoming Remarks and Announcements
12:15 p.m. – 1:45 p.m. Employment Law: How the Supreme Court’s Latest Decisions Will Affect the Workplace (CASA)
Tod Schleier, The Schleier Law Offices
Mary Ellen Simonson, Lewis and Roca, LLP
1:45 p.m. – 2:00 p.m. Break
2:00 p.m. – 3:00 p.m. The Rule of Law in Challenging Times (SG, CAL, CASA)
Chief Justice Ruth McGregor, Arizona Supreme Court
3:00 p.m. – 3:15 p.m. Break
3:15 p.m. – 4:45 p.m. When Religious Practices Conflict With the Law (SG, CAL, CASA)
Professor Marci Hamilton, Benjamin N. Cardozo School of Law, Yeshiva University
6:30 p.m. – 8:00 p.m. Desert Botanical Garden Reception (SG, CAL, CASA)
Join course faculty and other Summit attendees for a reception at the enchanting gardens. See http://www.dbg.org

Friday, November 14, 2008
Doubletree Paradise Valley Resort
7:00 a.m. – 8:00 a.m. Continental Breakfast
8:00 a.m. – 9:15 a.m. Protecting the Rule of Law in Our Communities: How to Create Successful Judicial Outreach Programs for the Public and the Legislature (SG)
Justice R. Fred Lewis, Florida Supreme Court
Justice W. Scott Bales, Arizona Supreme Court

Matching Advocacy to Audience: Differences Between Intermediate Appellate Courts and Courts of Last Resort (CAL)
Moderator: Matthew Lembke, Bradley Arant Rose & White LLP
Justice Michael D. Ryan, Arizona Supreme Court
Robert Byer, Duane Morris, LLP
James Layton, State Solicitor of Missouri
Mary Massaron Ross, Plunkett Cooney, P.C.

Why Are You There? You Should Be Here! – Jurisdiction Over Children Across State Lines (CASA)
Professor Linda Elrod, Washburn University School of Law
9:15 a.m. – 9:20 a.m. Break
9:20 a.m. – 10:35 a.m. Appellate Decision Making and the Impact of Technology (Scott v. Harris) (SG, CAL, CASA)
Moderator: Professor Richard Sherwin, New York Law School
Judge Michael Daly Hawkins, U.S. Court of Appeals, Ninth Circuit
Justice Mary Noble, Kentucky Supreme Court
John Bursch, Warner Norcross & Judd, LLP
Taye Sanford, U.S. Court of Appeals, Tenth Circuit
10:35 a.m. – 10:45 a.m. Break
10:45 a.m. – 12:00 p.m. Is Chevron Out of Gas? – Current Trends in Administrative Law (SG, CAL)
Moderator: Professor Nathan Cortez, SMU Dedman School of Law
Professor Lisa Schultz Bressman, Vanderbilt University Law School
Professor Daniel Rodriguez, University of Texas School of Law

Sexual Predators on the Street: Tensions Between Public Safety and Civil Liberties in the Use of Sex–Offender Registration, Civil Commitment and Residence Restriction Statutes (CASA)
Moderator: Professor Gabriel J. Chin, James E. Rogers College of Law,
   University of Arizona

Mary Beth Mitchell, Deputy Legal Advocate, Office of the Legal Advocate
M. April Wynne, Assistant Attorney General, Arizona Attorney General’s Office
12:00 p.m. – 1:15 p.m. Spencer-Grimes Lunch

CAL Lunch

CASA Business Lunch (ABA members only)

CASA Lunch (non-ABA members)
1:15 p.m. – 2:30 p.m. Judging and Neurobiology: Morality, Virtue and Vice (SG)
Professor Paul Zak, Claremont Graduate University

Preserving Error and Establishing Prejudice: Jury Instructions on Appeal (CAL)
Moderator: Mitchell Tilner, Horvitz & Levy LLP
Judge Michael Daly Hawkins, U.S. Court of Appeal, Ninth Circuit
Judge George Schiavelli, U.S. District Court, Central District of California
Justice James Ward (ret.), California Court of Appeal, Fourth District, Division Two

Whiskey is for Drinkin’, Water is for Fightin’ – Current Fights Over Western Water (CASA)
Professor Joe Feller, Sandra Day O’Connor College of Law, Arizona State University
2:30 p.m. – 2:45 p.m. Break
2:45 p.m. – 4:45 p.m. One Country, Separate Sovereigns: Emerging Issues in Indian Law (SG, CAL, CASA)
Moderator: Charles G. Cole, Steptoe & Johnson, LLP
Judge William Canby, Jr., U.S. Court of Appeals, Ninth Circuit
Judge Joseph Thomas Flies–Away, Hualapai Tribal Court
Professor Robert Clinton, Sandra Day O’Connor College of Law,
   Arizona State University

Elizabeth Rosenbaum, Indian Law Practitioner
5:15 p.m. – 6:15 p.m. CASA T–Shirt Exchange
6:30 p.m. Dine on Your Own or Join Colleagues for a Dine–Around at Area Restaurants (SG, CAL)
7:00 p.m. – 9:00 p.m. CASA Annual Dinner for Staff Attorneys Old Town Tortilla Factory, Via Trolly Ride
7:00 p.m. University of Virginia Judges Program Alumni Dinner

Saturday, November 15, 2008
Doubletree Paradise Valley Resort
7:00 a.m. – 8:00 a.m. Continental Breakfast
8:00 a.m. – 9:30 a.m. The Treasure Hunt – Deciphering Statutory Intent (SG, CAL)
Moderator: Judge Christel Marquardt, Kansas Court of Appeals
Justice Philip Talmadge (ret.), Talmadge/Fitzpatrick, Former Washington State Supreme Court Justice and Former State Senator
R. Ted Cruz, Morgan Lewis & Bockius LLP, Former Solicitor General of the State of Texas
Thomas Stallard, Co–Founder, Legislative Intent Service, Inc.

Supreme Court Update (Civil) for Staff Attorneys (CASA)
Dean Erwin Chemerinsky, Donald Bren School of Law, University of California, Irvine
9:30 a.m. – 9:45 a.m. Break
9:45 a.m. – 11:15 a.m. Supreme Court Review/Preview (SG, CAL, CASA)
Moderator: Dean John Attanasio, SMU Dedman School of Law
Dean Kenneth Starr, Pepperdine University School of Law, Former U.S.
   Circuit Judge and Former U.S. Solicitor General

Professor Pamela Karlan, Stanford Law School
11:30 a.m. – 12:45 p.m. Luncheon: Winston Churchill and the Triumph of the Rule of Law (SG, CAL, CASA)
Professor Rufus Fears, University of Oklahoma
12:45 p.m. – 2:00 p.m. Think Before You Google: Ethical Limitations on the Curious Appellate Judge, Part I (SG)
What are the restrictions on continuing education and independent research?
Moderator: Professor Elizabeth Thornburg, SMU Dedman School of Law
Chief Judge Peter W. Bowie, U.S. Bankruptcy Court, Southern District of California
Judge James A. Wynn, Jr., North Carolina Court of Appeals

Everything But the Argument: The Oft–Neglected Parts of the Appellate Brief (CAL)
Moderator: Professor William V. Dorsaneo, III, SMU Dedman School of Law
Vice Chief Justice Rebecca White Berch, Arizona Supreme Court
Judge Harris L. Hartz, U.S. Court of Appeals, Tenth Circuit
Timothy J. Berg, Fennemore Craig, PC
Jerrold J. Ganzfried, Howrey LLP

Practical Ethics Issues for Staff Attorneys: Making the Right Choices (CASA)
Professor Ted Schneyer, James E. Rogers College of Law, University of Arizona
2:00 p.m. – 2:10 p.m. Break
2:10 p.m. – 3:25 p.m. Think Before You Google: Ethical Limitations on the Curious Appellate Judge, Part II (SG)
Moderator: Professor Elizabeth Thornburg, SMU Dedman School of Law
Chief Judge Peter W. Bowie, U.S. Bankruptcy Court, Southern District of California
Judge James A. Wynn, Jr., North Carolina Court of Appeals

Ethics: Appellate Practice Management (CAL)
David M. Axelrad, Horvitz & Levy, LLP
Roger D. Townsend, Alexander Dubose Jones & Townsend, LLP
Paul G. Ulrich, Paul G. Ulrich, PC

CASA Breakout A:
Emerging Issues in Prisoner Litigation

Jodie Brown, U.S. District Court, District of Arizona
Andrew Jacobs, Snell & Wilmer L.L.P.
JoLynn Nesset, U.S. District Court, District of Arizona
Michael Richter, U.S. District Court, District of Arizona

CASA Breakout B:
Management Issues for Supervisory Staff Attorneys: A Nuts ‘n’ Bolts Discussion

Gail F. Giesen, Connecticut Supreme Court and Appellate Court
Naomi Godfrey, U.S. Court of Appeals, Eleventh Circuit
Taye Sanford, U.S. Court of Appeals, Tenth Circuit
Kevin Smith, Indiana Supreme Court
3:25 p.m. – 3:40 p.m. Break
3:40 p.m. – 5:10 p.m. How We Do What We Do: Comparing Issues and Sharing Solutions on Court Practices (SG)
Join fellow appellate judges for an informal dialogue among Federal Circuit Judges, State Supreme Court Justices, and State Intermediate Court Judges.
Moderator: Professor George Rutherglen, University of Virginia School of Law

CAL Committee Meetings

Supreme Court Update (Criminal) for Staff Attorneys (CASA)
Professor Susan Herman, Brooklyn Law School
6:30 p.m. AJEI Annual Dinner
Join other Summit attendees for an evening of food, fellowship, and entertainment. The evening will begin with a reception featuring a Native American cultural event. Following the reception, United States Supreme Justice (ret.) Sandra Day O'Connor will give remarks during dinner.

Sunday, November 16, 2008
Doubletree Paradise Valley Resort
8:00 a.m. – 9:00 a.m. Continental Breakfast
9:00 a.m. – 10:15 a.m. Law and History – Natural Law and the Founding of the United States (SG, CAL, CASA)
Professor Rufus Fears, University of Oklahoma
10:15 a.m. – 10:30 a.m. Break
10:30 a.m. – 11:45 a.m. Law and Film – The Jury According to Hollywood (SG, CAL, CASA)
Professor Susan Herman, Brooklyn Law School