Loading Events

« All Events

  • This event has passed.

Law Review Symposium: Governing the United States in 2020

November 8, 2013 @ 8:00 am - 4:30 pm


S.J.Quinney College of Law, Sutherland Moot Courtroom

The United States government seems to be in a continual state of dysfunction. Gridlock grips Congress, the Executive Branch fills in the void of congressional lawmaking by acting unilaterally, the judiciary struggles with whether and how to involve itself in this state of affairs, and the States and American people must live with the consequences. The University of Utah Law Review’s 2013-2014 Symposium entitled, “Governing the United States in 2020,” takes a fresh look at the current state of affairs by examining not just on the current challenges facing United States governance, but by focusing on practical solutions to those problems. Panelists, including public officials, legal scholars, and political scientists, will discuss their takes on the present state of American governance, and will propose ways to overcome the problems and make our system more functional by the year 2020. Former Senator Jeff Bingaman will deliver the keynote address.

6 hours of CLE, email communications@law.utah.edu

Keynote Speaker: Jeff Bingaman, Distinguished Fellow, Stanford Law School

indexJeff Bingaman served in the U.S. Senate 1982-2013 and was chairman of the Senate Energy and Natural resources Committee from 2001-2002, and again from 2007 until the end of his term in the 112th Congress. In the 109th Congress, Bingaman played a major role in the passage of the Energy Policy Act of 2005, the first comprehensive energy bill to become law in 13 years. He was the lead sponsor of the Energy Independence and Security Act of 2007, which required a historic increase in vehicle fuel economy, boosted homegrown biofuels, and mandated the most sweeping energy efficiency legislation ever to be put into law. Bingaman served on the Senate Finance Committee and chaired the Subcommittee on Energy, Natural Resources and Infrastructure. He was also a member of the Senate Health, Education, Labor and Pensions Committee and a senior member of the Joint Economic Committee. Before being elected to the Senate, Bingaman was elected New Mexico attorney general. The former New Mexico Senator has an undergraduate degree from Harvard University and law degree from Stanford (JD ’68).


8:00-8:30 a.m. Continental Breakfast/Registration

8:30-8:45 a.m. Welcoming Remarks

8:45-10:00 a.m. The Legislative Branch
Holly Fechner, Kennedy School of Government, Harvard University
Michael Gerhardt, University of North Carolina School of Law
John C. Roberts, DePaul University College of Law
Barbara Sinclair, UCLA, Dept. of Political Science
Moderator: Andy Hessick

10:15-11:30 a.m. The Executive Branch
Louis Fisher, Scholar in Residence with the Constitution Project
Bill Marshall, University of North Carolina School of Law
Kenneth Mayer, University of Wisconsin, Dept. of Political Science
Jon Michaels, UCLA School of Law
Moderator: Carissa Hessick

11:30 a.m. -12:00 p.m. Lunch

12:15-1:30 p.m. The Judicial Branch
Honorable Michael Murphy, Tenth Circuit U.S. Court of Appeals
Terri Peretti, Santa Clara University, Dept. of Political Science
Jane Schacter, Stanford Law School
Michael Teter, University of Utah College of Law
Moderator: Emily Chiang

1:45-3:00 p.m. The States, Local Governments, and Citizens
Honorable Christine Durham, Utah Supreme Court
Rick Hills, NYU School of Law
David Menefee-Libey, Pomona College, Dept. of Politics
Leslie Pollner-Levey, former chief lobbyist, City of Los Angeles
Moderator: Lincoln Davies

3:15-4:30 p.m. Keynote Address
Former Senator Jeff Bingaman, Stanford Law School

Additional Participants:


Barbara Sinclair, Distinguished Research Professor, Professor Emerita, UCLA
Barbara Sinclair is Distinguished Research Professor and  Professor Emerita (formerly the Marvin Hoffenberg Professor) of Political Science at UCLA. She specializes in American politics and primarily does research on the U.S. Congress. Her publications include articles in  the American Political Science Review, the American Journal of Political Science , the Journal of Politics, and Legislative Studies Quarterly and the following books:  Congressional Realignment (1982), Majority Leadership in the U.S. House (1983), The Transformation of the U.S. Senate (1989), Legislators, Leaders and Lawmaking: The U.S. House of Representatives in the Postreform Era (1995), Unorthodox Lawmaking: New Legislative Processes in the U. S. Congress (1997, 2000, 2007, 2011) and Party Wars: Polarization and the Politics of  National Policy Making (2006). She has served as chair of the Legislative Studies Section of the American Political Science Association, President of the Western Political Science Association, and Vice-President of the American Political Science Association. She is an elected member of the American Academy of Arts and Sciences. She was an American Political Science Association Congressional Fellow in the office of the House majority leader in 1978-79 and a participant observer in the office of the Speaker in 1987-88. She has testified before Congress on the legislative process, most recently before the Senate Committee on Rules and Administration on the filibuster in July 2010.

robertsJohn C. Roberts, Professor of Law, DePaul University College of Law
Professor Roberts was dean of DePaul University College of Law from 1986 to 1996, after serving as dean of Wayne State University Law School for six years. He was a communications lawyer with Covington & Burling in Washington, D.C. and general counsel to the Senate Armed Services Committee during the Carter Administration. Professor Roberts was also associate dean of Yale Law School from 1971 to 1977, where he taught administrative law and broadcast regulation. He also served for a year as vice president for University Advancement at DePaul. His current research interests center on telecommunications and statutory interpretation issues.

2011105_Gerhardt_m_023_bioMichael Gerhardt, Samuel Ashe Distinguished Professor in Constitutional Law & Director, Center for Law and Government, UNC School of Law
Michael Gerhardt is Samuel Ashe Distinguished Professor of Constitutional Law and Director of the UNC Center on Law and Government at UNC-Chapel Hill. He is a nationally recognized expert on constitutional conflicts and has participated in the confirmation proceedings for five of the nine justices currently sitting on the Supreme Court, including most recently as Special Counsel to Chairman Patrick Leahy and the Senate Judiciary Committee on the nominations of Sonia Sotomayor and Elena Kagan to the Supreme Court. During President Clinton’s impeachment proceedings, he testified as the only joint witness before the House of Representatives and served as CNN’s full-time impeachment expert. Besides testifying in a number of hearings before the House and Senate, Professor Gerhardt has published dozens of law review articles and five books, including leading treatises on the impeachment and appointments processes and “The Power of Precedent” (Oxford University Press 2008). His most recent book, “The Forgotten Presidents: Their Untold Constitutional Legacy,” was published earlier this year by Oxford University Press. He received a B.A with honors from Yale University, an M.Sc. from the London School of Economics, and a JD with honors from the University of Chicago.

Fechner_Holly_130718Holly Fechner,  Adjunct Lecturer in Public Policy, Harvard Kennedy School
Holly Fechner is a partner in the public policy practice and works with a team that handles public policy, government affairs and regulatory matters for clients in Washington, DC, Brussels and around the world.  Covington’s Public Policy & Government Affairs practice has been ranked among the top five firms by Influence magazine for a number of years. Ms. Fechner is also a visiting lecturer at the Harvard Kennedy School of Government.


 mayer1006-200x323Kenneth Mayer, Professor, University of Wisconsin-Madison
Professor Mayer’s teaching and research interests are in American government and institutions (especially Congress and the Presidency), campaign finance, and election administration. His current research focuses on and evaluating the effectiveness of recent state-level campaign finance reforms, and election administration.




michaels_jonJon Michaels, Professor of Law, UCLA
Jon D. Michaels is the Anne Urowsky Visiting Professor of Law at Yale Law School and Professor of Law at the UCLA School of Law. He is a graduate of Williams College, Oxford University, where he was a Marshall Scholar, and Yale Law School, where he served as articles editor for The Yale Law Journal. Michaels clerked first for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and then for Justice David Souter of the U.S. Supreme Court. Michaels’ scholarly interests lie at the intersection of administrative law, national security law, and separation of powers. His recent work examines innovative private-public collaborations and considers the legal and normative challenges such collaborations pose. One of his current projects is The Second Privatization Revolution: The Unmaking of the American State, under contract with Harvard University Press.

image.ashxWilliam P. Marshall, William Rand Kenan, Jr. Distinguished Professor of Law
William (Bill) Marshall is currently the Kenan Professor of Law at the University of North Carolina. Marshall was Deputy White House Counsel and Deputy Assistant to the President of the United States during the Clinton Administration and also served as the Solicitor General of the State of Ohio. Marshall has published extensively on first amendment, federal courts, and presidential powers issues and is also a leading expert on judicial selection matters. He teaches media law, civil procedure, constitutional law, first amendment, federal courts, church-state, and the law of the presidency. Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. He is a native of Nashua, New Hampshire.

Louis-FisherLou Fisher, Scholar in Residence at the Constitution Project
Louis Fisher is Scholar in Residence at the Constitution Project. Previously he worked for four decades at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service, from 1970 to 2006) and Specialist in Constitutional Law (the Law Library, from 2006 to 2010). During his service with CRS he was research director of the House Iran-Contra Committee in 1987, writing major sections of the final report. Fisher’s specialties include constitutional law, war powers, budget policy, executive-legislative relations, and judicial-congressional relations.


Peretti photo1Terri Peretti, Professor of Political Science, Santa Clara University
Terri Peretti is Professor of Political Science at Santa Clara University. She has written widely about the United States Supreme Court, judicial politics, and judicial selection. She is the author of In Defense of a Political Court (Princeton University Press, 1999) and has published numerous articles on judicial independence, constitutional law, and Supreme Court selection and retirement in such journals as Judicature, Law & Social Inquiry, Election Law Journal, Ohio State Law Journal, and Justice System Journal. Dr. Peretti’s current research focuses on judicial decision making in redistricting and voter identification litigation. She has taught constitutional law and U.S. Politics at Santa Clara University since 1988 and also served as department chair (2002-2006) and Associate Dean of the College of Arts & Sciences (2009-2012). Her Bachelor’s degree in political science was awarded by the University of Kansas and her M.A. and Ph.D. in political science by the University of California-Berkeley.

Schacter_JaneJane Schacter, William Nelson Cromwell Professor of Law, Stanford Law School
Jane S. Schacter is a leading national expert on statutory interpretation and legislative process, constitutional law, and sexual orientation law. Her work has been published in numerous law journals, and she co-edits casebooks on constitutional law and sexual orientation law. Her most recent work has focused on various aspects of the debate over same-sex marriage, an issue that lies at the intersection of her teaching and research interests.

Judge Michael R. Murphy, U. S. Court of Appeals for the Tenth Circuit

bioMichael Teter, Associate Professor of Law, University of Utah
Professor Teter joined the faculty as an associate professor of law in 2011. Prior to that, he was a visiting professor of politics at Pomona College and a teaching fellow in the Federal Legislation & Administrative Clinic at Georgetown Law.




DurhamJustice Christine M. Durham, Utah Supreme Court
Justice Christine Durham has been on the Utah Supreme Court since 1982, and served as Chief Justice and Chair of the Utah Judicial Council from 2002 to 2012. She previously served on the state trial court after a number of years in private practice. She received her A.B. with honors from Wellesley College and a J.D. from Duke University, where she is an emeritus member of the Board of Trustees.



918634904Roderick Hills, William T. Comfort, III Professor of Law, NYU Law
Professor Roderick Hills is the William T. Comfort, III Professor of Law at NYU Law.  He  teaches and writes in a variety of public law areas – constitutional law (with an emphasis on doctrines governing federalism), local government law, land-use regulation, jurisdiction and conflicts of law, education law. His interest in these topics springs from their common focus on the problems and promise of decentralization. The United States has one of the most decentralized systems of regulation in the world, placing enormous power over land, schools, assistance to the needy (among many other topics) under the control of subnational governments, ranging from school districts to states. How these governments interact with each other and with higher levels of government poses complex legal questions. As a matter of policy, decentralization is said to have some characteristic virtues (for instance, efficient representation of local preferences) and vices (for instance, promotion of class and race segregation). Professor Hills’ work explores our decentralized legal regime with an eye towards evaluating how well it balances these costs and benefits.

Menefee-Libey-David07David Menefee-Libey, Professor and Chair, Politics Department, Pomona College
David Menefee-Libey is Professor of Politics at Pomona College in Claremont, California, where he has taught since 1989. He earned a BA from St Olaf College and a PhD from the University of Chicago, both in political science.  Before joining the Pomona College faculty, he worked for the Community Renewal Society in Chicago, was a Research Fellow at the Brookings Institution, and worked as a policy researcher for the RAND Corporation’s Washington DC Division. At Pomona, he teaches courses on American politics, public policy analysis, and American political thought.  He has won the college’s Wig Distinguished Teaching Award five times, chaired the college’s Politics Department, and has served as Coordinator of the Program in Public Policy Analysis.  In 1999-2000, he was a visiting Fulbright Professor at the University of Limerick in Ireland. His current research focuses on the interdependence of the public and private sectors, and particularly the interdependence of governments and corporations in the United States.

IMG_0616Leslie Pollner-Levey, Former Los Angeles Deputy Mayor of Federal Affairs
Leslie Pollner is a Senior Policy Advisor at Holland & Knight representing a broad range of public sector clients.  She has worked in public affairs for nearly 20 years and has extensive experience in communications strategy, policy development and political management. Prior to this position, Leslie served as Deputy Mayor for Federal Affairs for Los Angeles Mayor Antonio Villaraigosa where she oversaw the City of Los Angeles’ advocacy efforts in Washington DC.

Before joining Mayor Villaraigosa, Leslie was Chief of Staff for Congresswoman Suzanne Kosmas (D-FL), overseeing a 17 person staff in the Washington office and two district offices. Prior to that position, Leslie served as Chief of Staff and Communications Director for Congressman Tim Mahoney (D-FL). Previously, she was a Vice-President at GMMB, a political communications firm, where she worked on strategic communications initiatives for the Bill & Melinda Gates Foundation.  Before moving to DC, Leslie was Deputy Chief of Staff to Los Angeles City Councilwoman Wendy Greuel, serving as the office’s Senior Advisor on political and legislative strategy. She began her career as an Assistant Program Officer for the California Community Foundation, leading initiatives in the arts and education.

Leslie received her bachelor’s degree summa cum laude from Pomona College and her master’s degree in public policy from Harvard University’s Kennedy School. Leslie is also a graduate of the Coro Fellows Program in Public Affairs.



November 8, 2013
8:00 am - 4:30 pm
Event Category:


S. J. Quinney College of Law
383 South University St
Salt Lake City, UT 84112 United States