Saturday, June 28, 2003

Who will watch the Fourth Circuit judicial conference on C-SPAN?

Having just come from there, I can tell you that the C-SPAN replay of this morning's session of the Fourth Circuit judicial conference will include the following:

Chief Justice Rehnquist, in his role as circuit justice, delivered his annual summary of the just-ended term's dark horse (or should I say dark flower?) decisions, including Illinois ex rel. Madigan v. Telemarketing Associates, Kentucky Ass'n of Health Plans v. Miller, Desert Palace v. Costa, Howsam v. Dean Witter, and Franchise Tax Board v. Hyatt. Of the Kentucky HMO case, the Chief Justice said something like ERISA was passed in 1974, and the Court has taken a couple of ERISA cases every year ever since, and all of them "are dreary."

The panel of analysts, moderated by Professor A.E. "Dick" Howard, included a presentation by Professor Susan Low Bloch of Georgetown on the affirmative action and privacy cases (or the "diversity and perversity" cases, as she called them), another by Dean John Jeffries from U.Va. on the term's First Amendment cases, another by Professor Akhil Amar from Yale on the term's criminal procedure cases, and another by Professor John McGinnis from Northwestern on the term's federalism cases.

UPDATE - As noted on How Appealing, the AP has this report on the Chief Justice's remarks this morning at the judicial conference.

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