As the U.S. Supreme Court opens its October 2009 Term, the AEI Legal Center will host its annual preview of the upcoming cases and questions (with an occasional backward glance at the Court's 2008 Term). As in prior years, a panel of distinguished experts and practitioners will discuss the key
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business cases, from antitrust law to torts and federal preemption. Recent events—including the financial crisis, a new administration, the arrival of a new solicitor general, and the changed composition of the Court—lend special interest to the justices' future course. What do those changes portend for the Court and its civil docket? Should we brace ourselves for heightened conflict and confrontation between a more populist, proregulatory politics and a (still) conservative Court?
AEI's John G. Searle Scholar, Michael S. Greve, will moderate a panel discussion featuring John P. Elwood, former deputy assistant attorney general at the Justice Department's Office of Legal Counsel; Brian Brooks, a partner and appellate lawyer at O'Melveny & Myers; and Jeremy Rabkin, professor of law at George Mason University.
| 9:00 a.m. | Registration and Breakfast | |
| 9:15 | Panelists: | Brian Brooks, O'Melveny & Myers John P. Elwood, Vinson & Elkins |
| Jeremy Rabkin, George Mason University Law School | ||
| Moderator: | Michael S. Greve, AEI | |
| 11:30 am |
Adjournment |
Speaker biographies
Brian Brooks heads the Washington, D. C., office of O'Melveny & Myers and is a member of the firm's twelve-member board of directors. His practice focuses on complex financial services litigation and regulatory matters, including class actions and state and federal enforcement actions. Mr. Brooks represents banks, investment firms, insurance companies, and diversified financial services companies. A nationally recognized expert on subprime mortgage issues, he has testified, written, and lectured on issues relating to the financial crisis before federal agencies, think tanks, and industry audiences. Prior to joining O'Melveny & Myers, Mr. Brooks clerked for the Honorable Danny J. Boggs, U. S. Court of Appeals for the Sixth Circuit. He is the author of articles for American Banker, Engage, and the Washington Legal Foundation.
John P. Elwood, a partner in the Washington, D.C. office of Vinson & Elkins, specializes in appellate and Supreme Court practice. From 2005 to 2009, he was senior deputy in the Justice Department's Office of Legal Counsel, and he served as an assistant to the solicitor general from 2002 to 2005. Mr. Elwood previously served in the criminal division, both in the appellate section and on Assistant Attorney General Michael Chertoff's staff, where he represented the Justice Department as an ex-officio member of the United States Sentencing Commission and as a member of the federal Criminal Rules Advisory Committee. Mr. Elwood has received the Justice Department's top two civilian awards, the Attorney General's Award for Exceptional Service and the Award for Distinguished Service. Mr. Elwood has clerked for Associate Justice Anthony M. Kennedy and for Judge J. Daniel Mahoney of the Second Circuit.
Michael S. Greve is the John G. Searle Scholar at AEI. His research and writing cover constitutional law, federalism, and business regulation. Mr. Greve cofounded and, from 1989 to 2000, directed the Center for Individual Rights, a public interest law firm that served as counsel in many precedent-setting constitutional cases, including United States v. Morrison and Rosenberger v. University of Virginia. He also serves on the board of directors of the Competitive Enterprise Institute. His publications include numerous law review articles and books, including The Demise of Environmentalism in American Law (AEI Press, 1996) and Real Federalism: Why It Matters, How It Could Happen (AEI Press, 1999). Mr. Greve is the coeditor, with Fred L. Smith, of Environmental Politics: Public Costs, Private Rewards (Praeger, 1992) and, with Richard A. Epstein, of Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (AEI Press, 2004); Federal Preemption: States' Powers, National Interests (AEI Press, 2007); and, with Michael Zöller, Citizenship in America and Europe: Beyond the Nation-State? (AEI Press, 2009).
Jeremy A. Rabkin is a professor at George Mason University School of Law. Mr. Rabkin is a renowned scholar in international law and was recently confirmed by the U.S. Senate as a member of the board of directors of the United States Institute of Peace. In addition to international law, Mr. Rabkin has a particular interest in national security law and early constitutional history. His books include Law Without Nations? (Princeton University Press, 2005), The Case for Sovereignty (AEI Press, 2004), and Why Sovereignty Matters (AEI Press, 1998), Judicial Compulsions, How Public Law Distorts Public Policy (Basic Books, 1989). He also coedited The Fettered Presidency, Legal Limitations and the Conditions of Responsible Policymaking (AEI Press, 1989) with L. Gordon Crovitz.


