March 15-17, 2018

Royal Sonesta Hotel New Orleans • 300 Bourbon St, New Orleans, LA

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“Where there is no Law,” wrote John Locke, “there is no freedom.” If we wish to live in a free society, the rule of law must be paramount — equally applicable to those who govern and those who are governed. But — how much law? How is it crafted and enforced? And, what challenges does the American constitutional system of law face at a time of growing political and ideological hostility? Cato University’s College of Law will energetically address these topics, examining our treasured system of law from key perspectives: the functions of law, its composition, the processes of the American legal system, law’s limits on government and its ability to preserve and advance liberty, and the critical heartbeat of American constitutional law.

 

Schedule

Thursday, March 15
3:00 – 6:00PM Registration
6:30 – 7:30PM Reception
7:30 – 9:30PM Law, Liberty, and Social Order

Law isn’t just for lawyers, but concerns and impacts everyone. A look at how simple rules that respect and protect the liberty of individuals are the foundation of complex social orders.

Dinner Speaker: Tom G. Palmer, Senior Fellow, Cato Institute, and Director of Cato University

Download Podcast of "Law, Liberty, and Social Order"
 


Friday, March 16
8:00 – 9:00AM Breakfast
9:00 – 10:15AM Making Deals and Making People Whole

Good laws — especially contract law and tort law — help people live productively and in peace, without the threat of criminal sanction. Understanding how those laws work is useful not only in business, but in all our social interactions.

Speaker: Clark Neily, Vice President for Criminal Justice, Cato Institute

Download Podcast of "Making Deals and Making People Whole"
 
10:15 – 10:45AM Break
10:45 – 12:00PM Law and Order without the State

An examination of how many recent developments, particularly those involving technology, allow communities to order their affairs without the interference — and often despite the prohibitions — of state actors.

Speaker: Marcus Cole, William F. Baxter-Visa International Professor of Law, Stanford University Law School

Download Podcast of "Law and Order without the State"
 
12:00 – 1:30PM Lunch
1:30 – 2:45PM The Role of Judges in Enforcing Constitutionally Limited Government

What is the proper role of judges in a system of limited government? Today’s judges have largely abdicated their duty by presuming the constitutionality of government action in most settings, rather than actually judging government actions by the standards of the Constitution.

Speaker: Clark Neily, Vice President for Criminal Justice, Cato Institute

Download Podcast of "The Role of Judges in Enforcing Constitutionally Limited Government"
 
2:45 – 3:15PM Break
3:15 – 4:30PM From Legal Theory to Legal Practice

Taking up the cause of liberty in the courts is a serious business. A first-person, behind-the scenes look at how pro-freedom public interest law firms are vindicating individual rights in the courts.

Speaker: Dana Berliner, Senior Vice President and Litigation Director, Institute for Justice

Download Podcast of "From Legal Theory to Legal Practice"
 
4:30PM Free Time
6:30 – 7:30PM Reception
7:30 – 9:30PM Economic Liberty in the Constitution

The Constitution was designed to protect a variety of economic liberties, including the right to earn an honest living, but the Supreme Court has subverted that constitutional design by refusing to enforce those provisions consistent with the text, history, and purpose of the Constitution.

Speaker: Clark Neily, Vice President for Criminal Justice, Cato Institute

Download Podcast of "Economic Liberty in the Constitution"
 


Saturday, March 17
8:00 – 9:00AM Breakfast
9:00 – 10:15AM Money without Government

Bitcoin, Ethereum, Ripple, and other cryptocurrencies have caught the attention of investors, government regulators, and the public, but the rise of cryptocurrencies is just the tip of a larger iceberg: money outside the state. What are the opportunities and hazards ahead?

Speaker: Marcus Cole, William F. Baxter-Visa International Professor of Law, Stanford University Law School

Download Podcast of "Money without Government"
 
10:15 – 10:45AM Break
10:45 – 12:00PM The Four Fundamental Problems with America’s Criminal Justice System

What are the most fundamental problems with America’s criminal justice system and what can be done to ensure both peace and justice in America’s communities?

Speaker: Clark Neily, Vice President for Criminal Justice, Cato Institute

Download Podcast of "The Four Fundamental Problems with America’s Criminal Justice System"
 
12:00 – 1:30PM Lunch
1:30 – 2:45PM The Law of Autocracy versus the Law of Markets

How can — and do — free people circumvent authoritarian governments to secure their rights and engage in mutually beneficial exchanges?

Speaker: Marcus Cole, William F. Baxter-Visa International Professor of Law, Stanford University Law School

2:45 – 3:15PM Break
3:15 – 4:30PM Know Your Rights when Dealing with the Police

What should you do — and not do — when interacting with police during a traffic stop, criminal investigation, or other interaction not of your choosing?

Speaker: Clark Neily, Vice President for Criminal Justice, Cato Institute

Download Podcast of "Know Your Rights when Dealing with the Police"
 
4:30PM Free Time
6:30 – 8:30PM Restoring the American Constitutional Order

What principles inform the U.S. Constitution? How have they been systematically subverted? And — what can Americans do to restore the integral order of the American constitutional order?

Dinner Speaker: Roger Pilon, Vice President for Legal Affairs, Cato Institute

Download Podcast of "Restoring the American Constitutional Order"
 


Tom PalmerTom G. Palmer is a senior fellow at the Cato Institute, and director of Cato University, the Institute's educational arm. Palmer is also the executive vice president for international programs at the Atlas Economic Research Foundation, and is responsible for establishing operating programs in 14 languages and managing programs for a worldwide network of think tanks. Before joining Cato he was an H. B. Earhart Fellow at Hertford College, Oxford University, and a vice president of the Institute for Humane Studies at George Mason University. He frequently lectures in North America, Europe, Eurasia, Africa, Latin America, India, China and throughout Asia, and the Middle East on political science, public choice, civil society, and the moral, legal, and historical foundations of individual rights.

More about Tom Palmer

Clark NeilyClark Neily is vice president for criminal justice at the Cato Institute. His areas of interest include constitutional law, over-criminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.

More about Clark Neily

Marcus ColeMarcus Cole is a leading scholar of the empirical law and economics of commerce and finance, and teaches courses in the areas of Bankruptcy, Banking, Contracts, and Venture Capital. Professor Cole’s writings have explored questions such as why corporate bankruptcies are increasingly filed in Delaware, and what drives the financial structure of firms backed by venture capital. His current research interests involve the ways in which the world’s poor are using technology to solve their own problems, often in the face of government restrictions hindering such solutions. Professor Cole has served as a National Fellow at the Hoover Institution, and is a Fellow at the University of Amsterdam Center for Law and Economics. He has been a Visiting Professor at a number of institutions around the world, including the University of Amsterdam, the University of Vienna, the University of Leiden, Bucerius University in Hamburg, Germany, Northwestern University, Korea University, and Peking University School of Transnational Law in Shenzhen. Professor Cole has also served on the boards of several civic and charitable organizations, including that of the Central Pacific Region of the Anti-Defamation League of B’nai B’rith, and Businesses United in Lending and Development (“BUILD”). He currently serves on the Editorial Board of the Cato Supreme Court Review, the Academic Advisory Board of Bar-Bri, the Advisory Board of the Independent Institute’s Center on Culture and Civil Society, and is President of the Board of Directors of Rocketship Education, a national, non-profit charter school network, operating California’s most successful charter schools for low-income children. Before joining the Stanford Law faculty in 1997, Professor Cole was an associate with the Chicago law firm of Mayer Brown, and he clerked for Judge Morris Sheppard Arnold of the United States Court of Appeals for the Eighth Circuit.

More about Marcus Cole

Dana BerlinerDana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.

The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.

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Roger Pilon is the Cato's Institute's vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato's B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.

Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.

His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.

More about Roger Pilon