2020 U.S. SUPREME COURT UPDAT E

Thursday, August 6, 20201:00 pm – 4:00 pm

3.00 hours Texas CLE Credit Hours Approved

1:00 p.m.

1:05 p.m.

Presenters:

1:40 p.m.

Presenters:

2:25 p.m.

Presenter:

3:05 p.m.

Presenter:

3:45 p.m. Presenter:

4:00 p.m.

Welcome and Introduction Dean Leonard M. Baynes, University of Houston Law Center

Bostack v. Clayton; Altitude Express v. Zarda; and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment We will discuss the Court’s holding that Title VII of the Civil Rights Act of 1964, which prohibits against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.

Judge Steven Kirkland, 334th Civil District Court Professor Victor Flatt, University of Houston Law Center

Department of Homeland Security, et al. v. Regents of the University of California, et al. and Department of Homeland Security v. Thuraissigiam We will discuss the Court’s decisions on Immigration/DACA and the significance of those rulings.

Professor Geoffrey Hoffman, University of Houston Law Center Professor Daniel Morales, University of Houston Law Center

Chaifalo v. Washington & Colorado Department of State v. Baca We will discuss whether “faithless elector” laws, which require presidential electors to vote the way state law directs, violate the First Amendment rights of the electors.

Professor Teddy Rave, University of Houston Law Center

Trump v. Mazars USA, LLP and Trump v. Vance We will discuss whether the Constitution prohibits subpoenas issued to Donald Trump’s accounting firm requiring it to provide non-privileged financial records relating to Trump and certain of his businesses.

Professor Johnny Buckles, University of Houston Law Center

2020 U.S. Supreme Court Overview Professor Emily Berman, University of Houston Law Center

Adjourn

_AGENDA______________________________________

EMILY BERMAN Emily Berman’s scholarship examines the unique separation-of-powers challenges that arise in the constitutional, statutory, and regulatory regimes governing national-security policy. She focuses, in particular, on ways to impose traditional conceptions of government oversight—such as checks and balances and democratic accountability—on law enforcement and intelligence operations, where such oversight is frequently absent. Prior to joining the University of Houston Law Center faculty in the fall of 2014, she taught for two years as a visiting assistant professor at Brooklyn Law School. She previously was a Furman Fellow and Brennan Center Fellow at New York University School of Law and held positions as counsel and Katz Fellow at the Brennan Center, where she developed policy recommendations, drafted reports, and engaged in advocacy regarding U.S. national security policy and its impact on civil liberties. After graduating from law school, Berman clerked for the Hon. John M. Walker, Jr. of the Second Circuit Court of Appeals. Berman’s work has been published in top journals, such as the Minnesota Law Review, the Fordham Law Review, the Indiana Law Journal, and the New York University Law Review; her opinion pieces have appeared in JustSecurity, The Atlantic Online, the National Law Journal, Legal Times Online, and CNN.com, among others. Berman teaches National Security Law, Foreign Affairs Law, and Constitutional Law.

JOHNNY BUCKLES Johnny Rex Buckles has been a faculty member of the University of Houston Law Center since August of 2000, where he currently serves as the Mike and Teresa Baker College Professor of Law. He has also served as a Visiting Professor of Law at the Washington & Lee University School of Law. Professor Buckles has taught Taxation of Exempt Organizations, Federal Income Tax, Law & Theology Seminar, Estate Planning, Trusts & Wills, Contracts, and Tax Policy Seminar (among other courses). Professor Buckles’ primary research interests are in the law of tax and charity, and in law and

theology. His articles appear in a number of legal journals, including the Harvard Journal of Law & Public Policy, the Fordham Law Review, the Indiana Law Journal, the Maryland Law Review, and the Arizona State Law Journal (among others). His contributions also appear in the Encyclopedia of Christianity in the United States, Encyclopedia of the Supreme Court of the United States, and Law & Religion: Cases in Context. Professor Buckles is also co-author of the 5th edition of Estate Planning Law and Taxation (with George P. Mair and the late David Westfall). Professor Buckles holds a Juris Doctorate from the Harvard Law School, a Master of Arts in Biblical Studies from Dallas Theological Seminary, and a Bachelor of Science from Oklahoma State University. Prior to becoming a law professor, Professor Buckles practiced law for over seven years in the Dallas office of Thompson & Knight, where he was a member of the tax section and the exempt organizations practice group. Professor Buckles is married to Tami Buckles, and they are the blessed parents of their eighteen-year-old daughter, Annie, and their fourteen-year-old son, Rex.

VICTOR FLATT Professor Victor B. Flatt returned to the University of Houston in 2017 as the Dwight Olds Chair in Law and the Faculty Director of the Environment, Energy, and Natural Resources (EENR) Center. He also holds an appointment as a Distinguished Scholar of Carbon Markets at the University of Houston’s Global Energy Management Institute. He was previously the inaugural O’Quinn Chair in Environmental Law at UHLC from 2002-2009.

Professor Flatt’s teaching career began at the University of Washington’s Evins School of Public Affairs, and he has previously taught at Georgia State University College of Law, and most recently at the University of North Carolina School of Law, where he was the inaugural Taft Distinguished Professor in Environmental Law and the Co-Director of the Center for Climate, Energy, Environment, and Economics (CE3).

Professor Flatt is a recognized expert on environmental law, climate law, and energy law. His research focuses on environmental legislation and enforcement, with particular expertise in the Clean Air Act and NEPA. He

__SPEAKERS____________________________________

is co-author of a popular environmental law casebook, and has authored more than 40 law review articles, which have appeared in journals such as the Notre Dame Law Review, Ecology Law Quarterly, Washington Law Review, Houston Law Review and the Carolina Law Review. Six of his articles have been recognized as finalists or winner of the best environmental law review article of the year, and one was recognized by Vanderbilt University Law School and the Environmental Law Institute as one of the three best environmental articles of 2010, leading to a seminar and panel on the article in a Congressional staff briefing.

Professor Flatt has served on the AALS sub-committees on Natural Resources and Environmental Law, and was chair of the AALS Teaching Methods Section. He has served on many other board and committees in his career including the national board of Lambda Legal, and the Law School Admission Council’s Gay and Lesbian Interests section. He is currently on the Advisory Board of CE3, a member of the ABA’s Section on Environment, Energy, and Natural Resources Law Congressional Liaison Committee, and a member scholar of the Center for Progressive Reform.

Professor Flatt received his B.A. in Chemistry and Math from Vanderbilt University where he was a Harold Stirling Vanderbilt Scholar, and his J.D. from Northwestern University, where he was a John Henry Wigmore Scholar. After graduating from Northwestern, Professor Flatt clerked for the Honorable Danny J. Boggs of the United States Sixth Circuit Court of Appeals.

GEOFFREY HOFFMAN Professor Hoffman specializes in immigration-related federal court litigation, deportation defense, asylum cases, and appeals before the Board of Immigration Appeals. He has represented numerous immigrants in a variety of settings including before the Executive Office for Immigration Review, Department of Homeland Security, and in the federal courts. Professor Hoffman served as co-counsel before the Supreme Court of the United States in the precedent-setting immigration case, Carachuri-Rosendo v. Holder.

Professor Hoffman is a frequent commentator on immigration law and policy. He has been quoted in the New York Times, Wall Street Journal, Time, Mother Jones, Reuters, Bloomberg News, Houston Chronicle, among other outlets. He has published articles in the following representative law reviews, Maryland Journal of International Law, Journal of Gender, Race, and

Justice at the University of Iowa, Houston J. of Int’l Law-Sidebar, Houston Law Review-Online, Nova Law Review, Loyola L.A. Int’l and Comparative L.J. He also has published pieces in Salon.com, Jurist, Immigration Professor’s Blog, Lexis Nexis Immigration Legal News, Notice and Comment, a blog from the Yale Journal on Regulation, among other venues.

Prior to joining the Clinic, he practiced immigration law at Kurzban Kurzban Weinger & Tetzeli, P.A. in Miami, Florida. Previously, he taught at the University of Illinois, Tulane Law School and the University of Miami. In addition to his practice and teaching experience, Professor Hoffman served as a judicial law clerk for the Honorable Paul V. Gadola, U.S. District Court for the Eastern District of Michigan for a two-year term.

In 2016, Professor Hoffman received the Ethel M. Baker Faculty Award for community service. In 2015, Professor Hoffman received the University of Houston Teaching Excellence Award, for clinical faculty, a University-wide award established by the UH Provost. In 2015, he was awarded the Certificate of Excellence for service to the Law Center and University. In 2014, Professor Hoffman received the American Immigration Lawyers Association (AILA) Elmer Fried Excellence in Teaching Award.

The UHLC immigration clinic under Professor Hoffman’s leadership was awarded the Pro Bono Hero Award for the Central Region by AILA for 2015.

JUDGE STEVEN KIRKLAND Judge Steven Kirkland is currently Judge in the 334th Civil District Court of Harris County. He has previously served as Judge in the 215th Civil District Court and in the Houston Municipal Courts. He lectures on Communication Law and Ethics at the University of Houston. His professional career includes representing the City of Houston, international oil companies and individual homeowners. Judge Kirkland is active in promoting recovery from drug and alcohol addiction, affordable housing, historic preservation, and LGBT rights. His affordable housing projects have been recognized with awards by the Greater Houston Preservation Alliance and he was awarded the 2006 Government Friend of the Homeless by Coalition for the Homeless of Houston and Harris County.

Judge Kirkland grew up in Abilene, Texas, attended Rice University in Houston and, he worked as a paralegal at Texaco in order to put himself through the University of Houston Law School where he graduated cum laude. You can learn more at:

www.judgestevenkirkland.com Facebook @JudgeSK Twitter @stevenkirkland

DANIEL MORALES Professor Daniel I. Morales is a scholar and theorist of immigration law. His research addresses the legal problems that arise because immigration law acts on noncitizens, yet is made by and for the citizenry. His scholarship has appeared in leading law reviews, including the N.Y.U. Law Review, Indiana Law Journal, and Wake Forest Law Review. Prof. Morales joins the Law Center faculty from DePaul University, where he was honored with the College of Law's Excellence in Teaching Award and the University's Spirit of Inquiry Award for research excellence. Professor Morales began his academic career as a William H. Hastie Fellow at the University of Wisconsin Law School and subsequently clerked for both the Hon. R. Guy Cole Jr., U.S. Court of Appeals for the 6th Circuit, and the Hon. Joan B. Gottschall, U.S. District Court for the Northern District of Illinois. He received his JD from Yale Law School and his BA, magna cum laude, from Williams College, where he was elected to Phi Beta Kappa. He has practiced law at Jenner & Block LLP and Kirkland & Ellis LLP. He will teach Immigration Law, Crimmigration, and Latinos and the Law at the Law Center.

TEDDY RAVE

Teddy Rave writes and teaches in the areas of civil procedure, complex litigation, constitutional law, and election law. His scholarship focuses on problems of governance across a range of institutions.

Professor Rave’s articles have appeared in leading

journals, including the Harvard Law Review, the California Law Review, the Duke Law Journal, the Georgetown Law Journal, and the Vanderbilt Law Review, among others. His article, When Peace Is Not the Goal of a Class Action Settlement, was selected for the 2015 Yale/Stanford/Harvard Junior Faculty Forum.

A noted expert on class actions, multidistrict litigation, and public fiduciary law, Professor Rave is regularly interviewed in national and local media outlets including, the Wall Street Journal, the Financial Times, NPR, and the Houston Chronicle. He is a sought-after speaker and has presented papers at Yale, Harvard, Stanford, NYU, Duke, UCLA, Vanderbilt, and many other schools.

In 2018, Professor Rave received the university-wide Teaching Excellence Award, and he was elected a member of the American Law Institute.

Prior to joining the Law Center in 2013, Professor Rave was a Furman Fellow at the New York University School of Law. Before that, he was an associate in the Issues and Appeals practice at Jones Day in New York, where he focused on federal and state appellate litigation, as well as class actions and multidistrict litigation. Professor Rave earned his J.D. from NYU School of Law and his B.A. from Dartmouth College. He served as a law clerk for Judge Leonard B. Sand on the U.S. District Court for the Southern District of New York and for Judge Robert A. Katzmann on the U.S. Court of Appeals for the Second Circuit. He is admitted to practice in New York.