Dear Friends,

Welcome to the November edition of the Dean’s List!

I have great news to report this month, starting with Scalia Law’s Trial Advocacy Association winning the Criminal Justice Mock Trial Competition at Quinnipiac University School of Law. I couldn’t be prouder of our students!

Speaking of pride, President Trump nominated Scalia Law's Neomi J. Rao to serve as a U.S. Circuit Judge for the District of Columbia Circuit. Congratulations Neomi on your nomination, from all of us at Scalia Law!

The Corley Institute for Diversity & Inclusion Education hosted its inaugural conference on November 4-6 in Arlington, Virginia. Representatives from 50 law schools and several Fortune 100 companies gathered to discuss the future of diversity and inclusion education in law schools.

In keeping with a great tradition, Paige and I hosted nearly 400 alumni and students at our farm for the Fourth Annual Scalia Law Community Picnic. It was a blast to bring the Scalia Law family together under sunny skies, with games, music, food, and fun! It was great to see so many of you there.

Please keep reading for more information on these and other stories.

Onward & Upward!

Henry N. Butler
Dean and Professor of Law
Antonin Scalia Law School
George Mason University

FOURTH ANNUAL SCALIA LAW COMMUNITY PICNIC

For more photos from the picnic, click here.

CORLEY INSTITUTE FOR DIVERSITY & INCLUSION EDUCATION HOSTS INAUGURAL CONFERENCE

The Antonin Scalia Law School launched The Corley Institute for Diversity & Inclusion Education with an inaugural conference, November 4-6 in Arlington, Virginia. The Corley Institute brought representatives from 50 law schools together with thought-leaders from law firms and Fortune 100 companies to discuss diversity and inclusion programming for law students.

Left to right: Grace E. Speights, Benjamin F. Wilson, Joseph K. West, Kelly McNamara Corley, Cyndie M. Chang

Kelly McNamara Corley, for whom the Institute is named, is Executive Vice President, General Counsel and Secretary of Discover Financial Services. Corley, a Scalia Law graduate and trailblazer in diversity and inclusion, opened the conference with a keynote address on the “Market Case for Diversity and Inclusion Initiatives.”

M-VETS PROVIDES PRO BONO WILLS FOR VETERANS

On November 10 and 11, the American Legion Post 139, in Arlington, Virginia, hosted the Antonin Scalia Law School Mason Veterans and Servicemembers Legal Clinic (M-VETS) inaugural “Wills for Veterans” program. M-VETS staff and Adjunct Faculty, Jessica O’Connell, joined M-VETS student-advisors Casey Hunt, Quinn Kahsay, Chris Babic, Katie Stegmuller and Brandon Howell. They helped draft wills, powers of attorney, and living wills for veterans and their dependents.

Left to Right: Chris Babic, Jessica O’Connell, Leigh Winstead and Casey Hunt

LAW & ECONOMICS CENTER KICKS OFF 2018-2019 JUDICIAL EDUCATION PROGRAM SERIES IN NEW ORLEANS

The Law & Economics Center kicked off its 2018-2019 Judicial Education Program Series in New Orleans, Louisiana in November. Six federal judges and 51 state judges, representing 24 states, participated in one or more of the program offerings. This flagship program, started over four decades ago, offers intellectually rigorous, balanced, and timely instruction in the belief that the fundamental principles of a free and just society depend on a knowledgeable and well educated judiciary.

In New Orleans, judges participated in the Short Course on Economics, an intensive classroom lecture course; the Case Analysis Seminar, a small group session where select cases are analyzed from an economics perspective; and a Workshop on Labor Markets and Employment Law.

SCALIA LAW'S TRIAL ADVOCACY TEAM WINS COMPETITION

On November 3 and 4, Scalia Law’s Trial Advocacy Association participated in the Criminal Justice Mock Trial Competition at the Quinnipiac University School of Law. The team included: Christine Bondi (3L), Addison Gamliel (2L), Melanie Sandler (3L), and Liza Greenspun Yang (2L), coached by Audra O'Brien from the Alexandria Commonwealth's Attorney's Office.

Our team went undefeated all weekend and only lost one ballot, beating out nine other law schools, including Harvard and Georgetown. The final round was judged by Connecticut Supreme Court Justice Maria Araujo Kahn. Congratulations, team!

NSI EVENT FEATURES FORMER DIRECTORS OF CIA AND NATIONAL INTELLIGENCE

The National Security Institute (NSI) and YPO Global Diplomacy Network co-hosted “Democracy Under Stress: Challenges to Our Constitutional Norms," exploring the potential threats to our system of checks and balances, and the challenges to Constitutional and historical norms fundamental to democracy.

The event included luminaries from the fields of national security, law, and the media. Former NSA and CIA Director General Michael Hayden (pictured), and former Director of National Intelligence, James Clapper, keynoted the event.

WATCH KEYNOTE BY HAYDEN AND CLAPPER

ARTS & ENTERTAINMENT ADVOCACY CLINIC STUDENTS FILE AMICUS BRIEF IN BRAMMER V. VIOLENT HUES

Students from the Arts & Entertainment Advocacy Clinic at Scalia Law filed an amicus brief in the Brammer v. Violent Hues case, currently on appeal in the Fourth Circuit. At issue is the extent of the fair use doctrine in the digital age. The plaintiff took a time-lapse photograph of a skyline and posted it online. The defendant found the photograph, cropped it, and used it to promote a film festival. The case is now on appeal to the Fourth Circuit, where the Clinic students ask the appellate court to reverse the district court’s erroneous application of the fair use doctrine to this case.

CONFERENCE CELEBRATES RELEASE OF JUDGE GINSBURG'S NEW BOOK

The Global Antitrust Institute and Concurrences celebrated the release of the new book Douglas Ginsburg Liber Amicorum Volume I, with a conference to honor Judge Ginsburg, Senior Circuit Judge for the US Court of Appeals for the District of Columbia and Scalia Law Professor. The conference included panels on mergers, monopolization, and non-competition factors.

The new volume, "An Antitrust Professor on the Bench," is a series of original essays paying tribute to Judge Ginsburg. The volume examines antitrust issues analyzed by prominent lawyers, enforcers, academics and economists.

PRESIDENT NOMINATES NEOMI RAO TO FILL KAVANAUGH SEAT ON DC CIRCUIT COURT

President Trump has nominated former Scalia Law professor Neomi J. Rao to serve as a United States Circuit Judge for the District of Columbia Circuit. Rao, currently on leave from Scalia Law, serves as the Administrator of the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget.

Prior to her service as OIRA Administrator, Rao was a professor of structural constitutional law, administrative law, and legislation and statutory interpretation at Scalia Law School. Rao founded the law school’s Center for the Study of the Administrative State and focused her scholarship on the political and constitutional accountability of administrative agencies and the role of Congress.

SCALIA LAW CELEBRATES VETERANS DAY

On November 11, the Military Law Society and Scalia Law School hosted a reception for students, staff, and faculty in honor of Veterans Day. The reception included brief remarks from Scalia Law graduate Brigadier General Joseph B. Berger, III. General Berger is Commander, United States Army Legal Services Agency and Chief Judge, U.S. Army Court of Criminal Appeals. After thanking the law school veterans in attendance, General Berger reflected on the call to service, the value of that call, and the bond that is shared by all those who answer it.He also reminded attendees of the important work of the school’s Veterans and Servicemembers Legal Clinic.

UPCOMING EVENTS:

New Normals? The Trump Administration, the Courts, and Administrative Law

Friday, December 7, 8:15 a.m. – 4:15 p.m.

The C. Boyden Gray Center for the Study of the Administrative State is sponsoring a public policy conference on the impact of the Trump administration. Panel topics include: presidents and administrations, environmental regulation, civil service disobedience, and nationwide injunctions. For more information and to register, click here.

Alumni Holiday Reception

The George Mason University Antonin Scalia Law School cordially invites you to the Alumni Holiday Reception.

Wednesday, December 12 | 6 - 8 pm

The Metropolitan Club

1700 H Street NW

Washington, DC 20036

RSVP by Friday, December 7. Please contact [log in to unmask] with any questions about the event.

FACULTY, STUDENTS, & ALUMNI HIGHLIGHTS

The U.S. Supreme Court granted certiorari in Return Mail Inc. v. United States Postal Service, a case that turns on whether the government is a “person” who may petition to institute a covered business method review before the Patent Trial and Appeal Board (PTAB) under the Leahy-Smith America Invents Act of 2011. Earlier this year, Center for the Protection of Intellectual Property(CPIP) Founder Adam Mossoff and CPIP Senior Scholar Kristen Osenga joined an amicus brief urging the Supreme Court to hear the case in order to address the constitutional protection of patents when taken by government officials. The brief, written on behalf of 15 law professors by Faulkner University Professor Adam MacLeod, is a tour de force on the nature of patent infringement as a legal wrong (and thus as a legal cause of action) as distinguished from the nature of a government “taking.”

The Center for the Protection of Intellectual Property (CPIP) hosted an academic roundtable at Scalia Law exploring current “hot topics” in the biopharmaceutical industries, including the ongoing uncertainty surrounding patentable subject matter; how the policy rhetoric of “evergreening” and “patent thickets” represent attacks on incremental innovation and the commercialization of new therapeutic treatments; the threat of government price controls being imposed under 28 U.S.C. § 1498 in the U.S. healthcare market; and the growing rhetoric and policy developments internationally under the rubric of TRIPS “flexibilities."

The Liberty & Law Center welcomed two leading First Amendment experts – Eugene Volokh, of the Volokh Conspiracy Blog, and Nadine Strossen, former president of the ACLU – for a discussion on emerging and unresolved issues in free speech. The conversation was facilitated by Bradley A. Smith, former Chairman of the Federal Election Commission and Founder and Chairman of the Institute for Free Speech.

The National Security Institute (NSI) joined the GMU Schar School’s Terrorism, Transnational Crime and Corruption Center(TRaCCC) to host a conference on “The Abuse and Exploitation of Red Notices, Interpol and the U.S. Judicial Process by Russia and other Authoritarian States.” The NSI/TraCCC conference focused on how the asylum and judicial process in the United States is being undermined and why.

The National Security Institute (NSI) and the National Security Law Journal co-sponsored the symposium, "Above the Horizon: Developments and Challenges to National Security in Space Law and Policy" on November 26 at Scalia Law. Panelists for the event included Dr. Brian Weeden from the Secure World Foundation, Professor David Koplow from the Georgetown University Law Center, and Professor Jack Beard from the Nebraska College of Law.

Professor Joyce Lee Malcolm has authored a guide to help universities safeguard freedom of expression on campus. Her “Guarding the Freedom to Speak, Freedom to Hear,” available through the American Council of Trustees and Alumni, is a comprehensive guide for university boards that provides best practices for securing intellectual freedom on the American college campus.

Professor Helen Alvaré has been appointed to the Executive Committee of the Association of American Law Schools’ (AALS) Section on Law and Religion.

Omar Passons (JD ’05) has joined the County of San Diego’s Health and Human Services Agency (HHSA). Passons, an experienced health care policy and land use attorney, will serve as HHSA’s Director of Integrative Services.

Donald Tomlinson (JD-'05) has been appointed to the Virginia Land Title Association’s (VLTA) board of directors. He will serve as the director and editor of the VLTA Examiner Monthly magazine. Tomlinson is regional vice president and managing attorney of RGS Title in Reston, Virginia.

Taryn Elliott (JD '10) has been elected shareholder by the Polsinelli firm. Elliott practices Electrical Engineering/ Computer Science Patent Prosecution in Polsinelli's Denver office.

Karen L. Toto (JD '10) has been elected Partner at Wiley Rein, LLP. She was promoted from associate and is a member of Wiley Rein's Insurance Group.

Helen Chong (JD '11) has joined the staff of the National Veterans Legal Services Program (NVLSP) as the organization's Training Associate. NVLSP is an independent, nonprofit veterans service organization serving active duty military personnel and veterans.

FACULTY IN THE NEWS

Professor Helen Alvaré

A "Year of the Woman" Won't Be Enough: CNN

Professor Eugene Kontorovich

Israel Reacts with Anger to Airbnb Removing Rental Listings in West Bank Settlements: Washington Post, Los Angeles Times, Seattle Times

Professor Michael Krauss

Time to Hit Ecuador With Tariffs for Its Bad Faith Toward Chevron: Forbes
Corrupt Environmentalist Attorney Grows Rich Despite "Coercion, Fraud, and Bribery: Washington Examiner

Professor Nelson Lund

Commenter, “Adam Smith on Reputation, Commutative Justice, and Defamation Laws” and “Adam Smith on Usury: An Esoteric Reading”: Institute for Humane Studies
Panel, “Rousseau’s Letter to d’Alembert on the Regulation of the Arts”: James Wilson Institute
The Second Amendment: Original Meaning and Judicial Interpretations: Fifth Annual Delaware Firearms Law Seminar
Debate, “Should the Second Amendment Be Repealed?”: Ohio State University College of Law
Panel, “Is the Second Amendment a Threat to First Amendment Rights?”: University of Texas Chapter of the Federalist Society
Panel, “The Right to Arms and the American Philosophy of Freedom”: Northern Virginia Community College

Professor Joyce Lee Malcolm

Guide, "Guarding the Freedom to Speak, Freedom to Hear": American Council of Trustees and Alumni
The Right to be Armed: The Ninth Circuit Giveth Then Taketh Away: JURIST
Keynote Speaker, "Guns & America National Reporting Collaborative": WAMU RadioAmerican University

Professor Adam Mossoff

What are the Economic Incentives to Invent?: Smithsonian.com
Presentation, "Institutional Design in Patent Law: Private Property Rights or Regulatory Entitlements": Convergence and Divergence in Private Law Conference, NYU Law
Book Chapter, "Foundations of a Free Society: Reflections on Ayn Rand's Political Philosophy": Amazon
Remarks, "How to Make IP a Higher Priority for Everyone": IP Awareness Summit 2018
Proposal for Drug Price Controls is Legally Unprecedented and Threatens Medical Innovation: CPIP Blog
Paper, "Statutes, Common-Law Rights, and the Mistaken Classification of Patents as Public Rights": Iowa Law Review, Forthcoming
Roundtable, "The Way Forward for Global IP": Information Technology & Innovation Foundation

Professor Ilya Somin

Political Ignorance and the Midterm Elections: Real Clear Policy
Do Your Research, Then Vote: The Chronicle (Duke University)
Trump Clashes With Conservative U.S. Chief Justice Over Judiciary: Reuters
Panel, "Evolution of Federalism": Center for Constitutional Studies
Before Cesar Sayoc Sent Pipe Bombs to Prominent Democrats, He Threatened Ilya Somin: Cato Institute Podcast
Among Conservatives, Some Measured Support for Chief Justice’s Rebuke of Trump: New York Times, WRAL.com (Raleigh, NC)
Trump More Right Than Roberts on 'Obama Judges' - Washington Times Analysis: Washington Times

Professor Thomas P. Vartanian

Financial Overregulation Wasted the Last Eight Years: The Hill

Professor J.W. Verret

Debit Card Price Controls Miss Their Intended Targets: The Hill

Professor Adam White

Trump Vets Neomi Rao for D.C. Circuit: Washington Free Beacon

Professor Todd Zywicki

Q&A on Credit Cards and Fair Credit: Wallet Hub
'Choke Point' is Frightening Precedent for Bank Regulatory Abuse: Forbes
Liberal Economic Policies That Hurt the Poor: KHOW radio (Denver)

Founder of the National Security Institute and Adjunct Professor Jamil Jaffer

Paper, “Ensuring US Dominance in Cyberspace in a World of Significant Peer and Near-Peer Competition”: Georgetown Journal of International Affairs
Keynote Conversation: University of South Carolina School of Law Symposium on International Law and Business
Lessons From the Georgia Hacking Debacle: Axios
Microsoft, Google Back Paris Cyber Pledge on Hacks: Bloomberg
Adam Schiff Wants Comity for the House Intelligence Committee: Los Angeles Times
Mistake to Assume Mueller Probe is Winding Down?: Fox News
DoD and the Cloud, Moving Out Bureaucracy to Focus on National Security: Real Clear Defense

GIVING TO MASON'S SCALIA LAW

Thanks to all of you who made contributions in fiscal year 2018 – you are helping us provide an outstanding legal education to our students! If you are interested in making a contribution, online donations are quick and easy.

Click Here:

Antonin Scalia Law School, George Mason University
3301 Fairfax Drive
Arlington, VA 22201

703.993.8000

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