SCHEDULE
8:30-9 A.M. REGISTRATION AND CONTINENTAL BREAKFAST
9-10:20 A.M. DISCLOSURE AND THE CONSTITUTION
Richard Briffault, Columbia
Leslie Kendrick, University of Virginia
Helen Norton, University of Colorado
Frederick Schauer, University of Virginia
Moderator:
John C. Jeffries, Jr., University of Virginia
10:30 A.M.-12 P.M. DISCLOSURE AND THE POLITICAL PROCESS
Joseph M. Birkenstock, Caplin & Drysdale
Michael Gilbert, University of Virginia
Richard L. Hasen, U.C. Irvine
Pamela S. Karlan, Stanford
Daniel R. Ortiz, University of Virginia
Moderator:
John C. Jeffries, Jr., University of Virginia
12:15-12:45 P.M. LUNCH
12:45-1:30 P.M.DISCLOSURE AND THE PRESS
Bruce W. Sanford, Partner, Baker & Hostetler,
Chairman of the Board, Thomas Jefferson Center
Bruce D. Brown, Partner, Baker & Hostetler
The Journal of Law & Politics and
The Thomas Jefferson Center for the Protection of Free Expression present:
$
INAUGURAL
JEFFERSON
SYMPOSIUM
DISCLOSURE,
ANONYMITY,
AND THE FIRST
T
AMENDMEN
$
SATURDAY, OCT. 29, 2011
CAPLIN PAVILION
u n i ve r s i t y of
THIS
CONFERENCE IS MADE POSSIBLE BY GENEROUS SUPPORT FROM
BAKER HOSTETLER LLP AND THE SCRIPPS HOWARD FOUNDATION.
VSCirginia
H OOL OF L AW
$
KEYNOTE SPEAKERS
PARTICIPANTS
JOHN C. JEFFRIES, JR., MODERATOR
David and Mary Harrison Distinguished Professor of Law,
University of Virginia School of Law
John Jeffries joined the Virginia Law faculty two years
after earning his law degree in 1973. His primary research and teaching interests are civil rights, federal
courts, criminal law, and constitutional law. Jeffries has
co-authored casebooks in civil rights, federal courts,
and criminal law and has published a variety of articles
in those fields. He served as dean of the School of Law
from the fall of 2001 until June 2008.
RICHARD BRIFFAULT
Joseph P. Chamberlain Professor of Legislation,
Columbia Law School
Richard Briffault joined the Columbia Law faculty in
1983. His areas of interest include election law, property, and state and local government law. From 1998 to
2000, he was executive director of the Special Commission on Campaign Finance Reform of the Association of
the Bar of the City of New York.
LESLIE KENDRICK
Associate Professor of Law, University of Virginia School
of Law
A graduate of the University of Virginia School of Law,
Leslie Kendrick clerked for Judge J. Harvie Wilkinson III
and U.S. Supreme Court Justice David Hackett Souter
before joining the Virginia faculty in 2008. She teaches
courses in First Amendment law and theory, and her
research interests include content discrimination and
the role of speaker’s intent in First Amendment law.
HELEN NORTON
Associate Professor of Law, University of Colorado Law School
Helen Norton joined the Colorado Law faculty in 2007.
Her scholarly and teaching interests include constitutional law, civil rights, and employment discrimination
law. She served as leader of President-elect Obama’s
transition team charged with reviewing the Equal
Employment Opportunity Commission in 2008, and is
frequently invited to testify before Congress and federal
agencies on civil rights law and policy issues.
FREDERICK SCHAUER
David and Mary Harrison Distinguished Professor of Law,
University of Virginia School of Law
Before joining the University of Virginia School of
Law in 2008, Frederick Schauer served for 18 years as
Frank Stanton Professor of the First Amendment at
the John F. Kennedy School of Government at Harvard
University, where he was also academic dean and acting dean. He is the author of “The Law of Obscenity,”
“Free Speech: A Philosophical Enquiry,” “Playing By
the Rules: A Philosophical Examination of Rule-Based
Decision-Making in Law and in Life,” “Profiles, Probabilities, and Stereotypes,” and “Thinking Like a Lawyer: A New Introduction to Legal Reasoning.” Schauer
is also co-editor of “The Philosophy of Law: Classic and
Contemporary Readings” and “The First Amendment:
A Reader,” and author of numerous articles on constitutional law and theory, freedom of speech and press, legal
reasoning and the philosophy of law.
JOSEPH M. BIRKENSTOCK
Caplin & Drysdale
Joseph Birkenstock’s practice focuses on advising corporations, nonprofit organizations, candidates, officeholders, and other clients in structuring new political
efforts and administering their political, lobbying, and
issue-advocacy projects. He also helps clients respond
to controversies involving issues of political law, such
as alleged campaign finance improprieties, conflicts of
interest, and real or perceived violations of other legal
and ethical obligations.
MICHAEL D. GILBERT
Associate Professor of Law, University of Virginia School
of Law
Michael Gilbert joined the Virginia Law faculty in 2009.
His areas of interest include law and economics, voting
rules, judicial decision-making and direct democracy.
He teaches legislation and election law. Prior to teaching, he consulted for the World Bank and worked as a
research assistant for the Board of Governors of the
Federal Reserve System.
RICHARD L. HASEN
Professor of Law, U.C. Irvine School of Law
Richard Hasen is a professor of law and political science
at the University of California, Irvine. He is a nationally
recognized expert in election law and campaign finance
regulation and is co-author of a leading casebook on
election law. From 2001 to 2010, he served as founding co-editor of the quarterly peer-reviewed publication,
Election Law Journal. He is the author of more than four
dozen articles on election law issues, and of the forthcoming book, “The Voting Wars: From Florida 2000 to
the Next Election Meltdown.”
PAMELA S. KARLAN
Kenneth and Harle Montgomery Professor of Public Interest
Law, Stanford Law School
Pamela Karlan joined the Stanford Law School faculty in
1998. One of the nation’s leading experts on voting and
the political process, she has served as a commissioner
on the California Fair Political Practices Commission and
an assistant counsel and cooperating attorney for the
NAACP Legal Defense Fund. She is also the co-author
of three leading casebooks on constitutional law, constitutional litigation, and the law of democracy, as well as
more than 60 scholarly articles. Before joining Stanford,
she was a professor of law at the University of Virginia
School of Law.
DANIEL R. ORTIZ
John Allan Love Professor and Edward F. Howrey Professor,
University of Virginia School of Law
Daniel Ortiz teaches constitutional law, administrative
law, electoral law, civil procedure, and legal theory. A
former clerk for then–federal appeals court Judge Stephen G. Breyer and U.S. Supreme Court Justice Lewis F.
Powell, Jr., Ortiz also teaches Virginia’s Supreme Court
Litigation Clinic. He has co-edited “Campaign Finance
Reform: A Sourcebook.”
BRUCE W. SANFORD
Partner, Baker Hostetler; Chairman of the Board, Thomas
Jefferson Center for the Protection of Free Expression
Bruce Sanford has defended more than 1,000 libel, intellectual property, and First Amendment cases throughout
the United States, Canada, and abroad. He has been
described by American Journalism Review as one of the
most accomplished press lawyers in the nation. The
National Law Journal mentioned him in a list of the 100
most-influential lawyers in America, and a Washingtonian article on “The 50 Best Lawyers in Washington”
noted he was “without peer” in First Amendment Law. In
recent years, Sanford has represented President Clinton
in the negotiation and publication of a book and won
libel and copyright cases brought against First Lady Barbara Bush and John Grisham, respectively.
BRUCE D. BROWN
Baker Hostetler; Lecturer, University of Virginia School of Law
A former reporter, Bruce Brown focuses his practice in the
areas of libel and invasion of privacy defense, copyright,
and the law of newsgathering. He also advises clients on
pre-publication review, author-publisher agreements and
website liability issues and regularly assists the Society of
Professional Journalists on freedom of information matters. Brown co-directs the First Amendment clinic at the
University of Virginia School of Law and is an adjunct
faculty member in Georgetown University’s master’s
program in Professional Studies in Journalism. He has
been co-chair of the Legislative Affairs Committee of the
Media Law Resource Center in New York.