Bolch Judicial Institute
Bolch Judicial Institute
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Keynote Presentation

Legal Narratology: Judicial Storytelling in the 21st Century

Jonathan Shapiro, Writer, Producer, Attorney, Former Assistant U.S. Attorney, Of Counsel
Kirkland & Ellis
Jonathan Shapiro is a lawyer, writer, and producer. After graduating from University of California Berkeley School of Law, Mr. Shapiro worked for the U.S. Department of Justice and then became an Assistant U.S. Attorney. Mr. Shapiro is best known for his work writing and producing television shows such as The BlacklistLifeBoston Legal, and The Practice. He has received an Emmy Award, a Peabody Award, and several Humanitas Awards. Mr. Shapiro is also the former chairman of the California Commission on Government Economy and Efficiency and is the founder of the Public Counsel Emergency for Torture Victims. Recently, Mr. Shapiro was of-counsel at Kirkland & Ellis, published both non-fiction and fiction books, and taught as an adjunct professor at University of Southern California Gould School of Law. 

Tips From Two Writing Luminaries

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Bryan Garner, Editor, Lexicographer, Lawyer
LawProse Inc.
Bryan A. Garner is a noted speaker, writer, and consultant regarding legal writing and drafting. Mr. Garner is the editor in chief of Black’s Law Dictionary and the author of many leading works on legal style, including A Dictionary of Modern Legal UsageThe Elements of Legal Style, and The Winning Oral Argument. His magnum opus is the 897-page Garner’s Modern American Usage, which is widely considered the preeminent authority on questions of English usage. A graduate of the University of Texas School of Law, today Mr. Garner is the President of LawProse, the foremost provider of CLE training in legal writing, editing, and drafting, and is a professor at Southern Methodist University Dedman School of Law. 

Hon. Diane Wood, Chief U.S. Circuit Judge; Senior Lecturer
U.S. Court of Appeals, Seventh Circuit; University of Chicago Law School
Diane P. Wood is the Chief Judge of the U.S. Court of Appeals for the Seventh Circuit and is a senior lecturer at the University of Chicago Law School. After graduating from University of Texas School of Law in 1975, she clerked for Judge Irving L. Goldberg of the Fifth Circuit and for Justice Harry A. Blackmun of the U.S. Supreme Court. Judge Wood previously worked for the U.S. State Department on international investment, antitrust, and transfer of technology issues, before moving on to private practice with a general antitrust and commercial litigation focus. Judge Wood taught at Georgetown University Law Center and Cornell Law School, where she served as Associate Dean from 1989 to 1992. For several years before her unanimous confirmation to the Seventh Circuit, Judge Wood was deputy assistant general in the Antitrust Division of the U.S. Department of Justice with responsibility for the Division’s International, Appellate, and Legal Policy matters.

Breakout I: Courts in the Age of “New Media”

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Adam Feldman, Author
Empirical SCOTUS
Adam Feldman is a Postdoctoral Fellow in the Empirical Study of Public Law at Columbia Law School. His work utilizes automated methods of textual analysis and statistical methods for the analysis of large-scale quantitative datasets. Mr. Feldman is a graduate of Boalt Hall Law School where he earned his J.D. in 2008 and during which he was a summer associate at McDermott, Will & Emery. He then worked in litigation in the boutique law firm Kendall, Brill & Klieger (now Kendall, Brill & Kelly) until he began a Ph.D. in political science at the University of Southern California in 2011. Mr. Feldman completed his Ph.D. earlier this year during which he published nine articles in a combination of law reviewed, peer-reviewed and refereed journals. He is the founder and principal author of the Empirical SCOTUS blog.

Prof. Richard Hasen, Chancellor’s Professor of Law and Political Science
University of California, Irvine, School of Law
Richard Hasen holds a B.A. from UC Berkeley and a J.D., M.A. and Ph.D. in Political Science from UCLA. After law school, Professor Hasen clerked for the Honorable David R. Thompson of the U.S. Court of Appeals for the Ninth Circuit. He then worked as a civil appellate lawyer at the Encino firm Horvitz & Levy. He is the author of more than 100 articles on election law issues published in numerous journals, including the Harvard Law Review, Stanford Law Review and Supreme Court Review. Professor Hasen was elected to the American Law Institute in 2009 and was named one of the 100 most influential lawyers in America by the National Law Journal in 2013, and one of the Top 100 Lawyers in California in 2005 and 2016 by the Los Angeles and San Francisco Daily Journal.

Prof. RonNell Andersen Jones, Professor of Law
University of Utah S.J. Quinney College of Law
RonNell Andersen Jones graduated first in her law school class and clerked for the Honorable William A. Fletcher on the Ninth Circuit Court of Appeals. She also clerked for Justice Sandra Day O’Connor on the U.S. Supreme Court. Prior to entering academia, she was an attorney in the appellate division of Jones Day, where her work focused on Supreme Court litigation and included major constitutional and First Amendment Cases. Before joining the faculty at the University of Utah, Professor Jones was Professor of Law and Associate Dean of Academic Affairs and Research at Brigham Young University’s J. Reuben Clark Law School, where she was twice named Professor of the Year. Before that, she was a Distinguished Faculty Fellow at the University of Arizona Rogers College of Law, where she team-taught an annual course about the U.S. Supreme Court with Justice O’Connor.

*Howard Bashman, Author
How Appealing
Howard Bashman is an appellate lawyer based in Willow Grove, Pa. He frequently handles cases before the U.S. Court of Appeals for the Third Circuit and Pennsylvania’s state appellate courts. Bashman has published appellate-related essays in the Journal of Appellate Practice and Process, The Los Angeles Times, online at Slate, and in the Appellate Issues publication of the ABA Council of Appellate Lawyers. In addition to practicing appellate law, Mr. Bashman is the author of the “How Appealing” blog, a daily collection of links to appellate-related legal news and interesting new appellate rulings. Before opening his own appellate boutique in 2004, Mr. Bashman headed the appellate litigation practice at one of Pennsylvania’s largest law firms.

Breakout II: From Supremacy to Sanctuary:  Current Issues in Immigration Law

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Marisa Cianciarulo, Professor
Chapman University Fowler School of Law
Marisa S. Cianciarulo is a specialist in immigration law with a human rights focus at Chapman University Fowler School of Law. She currently serves as the Associate Dean for Academic Affairs. Dean Cianciarulo received her B.A. from the Catholic University of America, her J.D. from American University Washington College of Law, and her M.A. from American University School of International Service. From 1997-2012, Dean Cianciarulo represented people from around the world in political asylum and other immigration matters. Prior to joining the faculty of Chapman University in 2006, Dean Cianciarulo practiced immigration law in the Washington, D.C. area, served as a staff attorney with the American Bar Association’s Commission on Immigration, and taught in the Villanova Law School Clinic for Asylum, Refugee and Emigrant Services. Dean Cianciarulo’s research focuses on vulnerable immigrant populations and the intersection of gender and immigration.  She is the recipient of the 2017 Chapman University Valerie Scudder Award for outstanding achievement in teaching, scholarship, and service.

Peter Margulies, Professor
Roger Williams University School of Law
Professor Peter Margulies teaches Immigration, National Security, and International Law at Roger Williams University School of Law in Rhode Island. In 2014-15, he directed the law school’s Immigration Clinic, which represents refugees, survivors of domestic violence, and juveniles from Central America. Professor Margulies, who received his J.D. from Columbia Law School, has covered President Trump’s executive orders on immigration for the influential Lawfare blog. He also served as co-counsel for amici curiae in two key immigration cases in the U.S. Supreme Court, Texas v. United States (on President Obama’s immigration plan) and Padilla v. Kentucky (defining effective assistance of counsel to include competent advice on the immigration consequences of criminal convictions). He is co-author of the treatise, NATIONAL SECURITY LAW: PRINCIPLES AND POLICY (Aspen Press 2015). His recent articles include Taking Care of Immigration Law: Presidential Stewardship, Prosecutorial Discretion, and the Separation of Powers, 94 B.U. L. Rev. 105 (2014); The Boundaries of Executive Discretion: Deferred Action, Unlawful Presence, and Immigration Law, 64 American University L. Rev. 1183 (2015); and Bans, Borders, and Justice: Judicial Review of Immigration Law in the Trump Administration (2017; available on 

Carrie L. Rosenbaum, Adjunct Professor and Practitioner
Carrie Rosenbaum is an Immigration Law and Appellate Advocacy professor at Golden Gate University School of Law. Her scholarship currently focuses on immigrant integration, the constitutionality of sub-federal immigration laws, racial bias in policing, and the repercussions of the war on drugs for immigrants and immigration law.] She also practices immigration law as a solo practitioner. LexisNexis publishes her work and has recognized her as an “Expert Commentator,” and she has been invited to contribute articles to the ImmigrationProfBlog. She has co-edited an authoritative immigration law treatise for LexisNexis with Daniel Kowalski.  Ms. Rosenbaum has received many pro bono awards and she has served on the Executive Board of the Bay Area National Lawyer’s Guild, as Co-Chair of the Bay Area National Lawyer’s Guild Immigration Committee. She has also held leadership roles in the American Immigration Lawyer’s Association Northern California chapter. In addition to engaging in direct representation at the immigration court, Board of Immigration Appeals, circuit and district courts, Professor Rosenbaum regularly serves as a consultant to lawyers engaging in complex immigration litigation involving issues such as immigration consequences of criminal convictions, terrorism bar and persecution of others accusations, and political asylum matters. Professor Rosenbaum received a J.D. from the University of California King Hall School of Law, at Davis, and she was awarded an undergraduate degree with high honors from the University of California, Santa Barbara.

Supreme Court Preview

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Hon. Patrick Higginbotham, Federal Judge
U.S. Court of Appeals, Fifth Circuit
Patrick E Higginbotham holds his BA and JD from the University of Alabama attending law school with the assistance of an athletic scholarship. He commenced the trial of cases at the age of 22 and has been in one courtroom or another for the past 57 years serving for seven years on the United States District Court N.D. Texas and for the past 35 years on the United States Court of Appeals for the Fifth Circuit. When appointed he was the youngest sitting federal judge and has authored more than 4000 opinions and numerous articles. He has held leadership positions in several national legal organizations and received numerous awards and honors. He teaches courses in Federal Courts and Constitutional law in several law schools as he has since 1964. He lives on a ranch in the Hill country of Texas with his horses Sunny and Shawnee and dogs Honcho and Sugar.

Prof. Pam Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law; Co-Director, Supreme Court Litigation Clinic
Stanford Law School
Pam Karlan is the Kenneth and Harle Montgomery Professor of Public Interest Law and co-director of the Supreme Court Litigation Clinic at Stanford Law School.  The Clinic has represented parties in more than fifty merits cases before the Court (and in numerous cases at the certiorari stage) and a wide range of amici curiae (from the bipartisan leadership of the House Judiciary Committee to overseas voters to survivors of torture).  Pam’s primary scholarship involves constitutional litigation, particularly with respect to voting rights and antidiscrimination law.  She has published dozens of scholarly articles and three leading casebooks. She has received numerous teaching awards. After clerking for Judge Abraham Sofaer (SDNY) and Justice Harry Blackmun, Pam practiced at the NAACP Legal Defense and Educational Fund. She has also served on the California Fair Political Practices Commission and as a Deputy Assistant Attorney General in the Civil Rights Division of the United States Department of Justice, where she received the Attorney General’s Award for Exceptional Service (the Department’s highest award for employee performance).

David F. Levi, Dean and Professor of Law
Duke University School of Law
Dean Levi became the 14th dean of Duke Law School on July 1, 2007. He graduated Order of the Coif in 1980 from Stanford Law School, where he was also president of the Stanford Law Review. Prior to his appointment as dean of Duke Law School, he was the Chief United States District Judge for the Eastern District of California with chambers in Sacramento. He was appointed United States Attorney by President Ronald Reagan in 1986 and a United States district judge by President George H. W. Bush in 1990. Since May 24, 2017, he has been serving as President of the American Law Institute (ALI).


Breakout I: Pro Bono Appellate Court Programs and Clinics: Doing Good for Clients and the Courts

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Hon. Edward Carni, Associate Justice
New York Supreme Court, Appellate Division, Fourth Department
Edward Carni earned his J.D. in 1985 from Whittier College School of Law and began his law career in the legal division of the Onondaga County Department of Social Services. Justice Carni worked in private practice for 15 years and served as a member of the Syracuse Common Council. In 1995, he was appointed to the position of Syracuse City Court Judge until 2001 when Governor Pataki appointed him to the New York State Supreme Court. In 2006, Governor Pataki then designated him as an Associate Justice of the Appellate Division, Second Judicial Department, where he served until 2008 when he was designated as an Associate Justice of the Appellate Division, Fourth Judicial Department.

Susan Gelmis, Chief Deputy Clerk for Operations
U.S. Court of Appeals, Ninth Circuit
Susan Gelmis graduated from NYU Law School and has been with the Court of Appeals for 28 years, starting as a staff attorney in 1989. In 1992, she became the supervising attorney for the newly established Pro Se Unit, which she helped define and create. In 1993 she worked with the court and the federal bar to create the Circuit’s Pro Bono Program, which she directed for 22 years. She assumed the additional role of Supervising Attorney of the Motions Unit in 2000. Ms. Gelmis served on numerous circuit-wide committees and task forces relating to prisoner and pro se litigation, and served as liaison to the pro se law clerks in the district courts, organizing and speaking at circuit-wide and national conferences.

Prof. Eugene Volokh, Gary T. Schwartz Professor of Law
University of California Los Angeles School of Law
Eugene Volokh has taught at UCLA School of Law since 1994 and has written more than 80 law review articles on First Amendment law, Second Amendment law, criminal law, tort law, intellectual property, and has argued 20 appellate cases in four federal circuits and 11 state court systems. Before teaching at UCLA, Professor Volokh clerked for Justice Sandra Day O’Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit. He is a member of the American Law Institute, a member of the American Heritage Dictionary Usage Panel, the founder and coauthor of The Volokh Conspiracy, as well as an Academic Affiliate for the Mayer Brown LLP law firm.

*Hon. Samuel Thumma, Vice Chief Judge
Arizona Court of Appeals, Division One
Samuel Thumma graduated Order of the Coif from the University of Iowa College of Law in 1988 where he was a Note & Comment Editor on the Iowa Law Review. He is the co-editor of the Arizona Appellate Handbook, has presented at more than 250 seminars, and has published nine law review articles and more than 40 other law-related articles. He is currently the Vice Chief Judge of the Arizona Court of Appeals, Division One. Previously, Judge Thumma was a partner at Perkins Coie Brown & Bain, P.A., and an associate at Arnold & Porter in Washington, D.C. He clerked for Supreme Court Chief Justice Stanley G. Feldman and Judge David R. Hansen, U.S. District Court for the Northern District of Iowa.

Breakout II: To Concur or Dissent: That Is the Question

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Prof. Elizabeth Francis, Associate Professor
University of Nevada, Reno
Elizabeth Francis came to the University of Nevada, Reno in 1978 as director of freshman English and initiated the teaching of children’s literature at the university based on her work at Yale with Maurice Sendak. She teaches literature, law and ethics, an interdisciplinary course based on her work with the National Judicial College, where she founded judicial writing as a field of study in 1982. Since then she has taught thousands of judges at NJC and in court systems, agencies and conferences throughout the U.S., including the National Labor Relations Board, the U.S. Office of Patents and Appeals, the Department of Defense, the ABA, California administrative law agencies, and the Supreme Courts of Nevada, Ohio and Arizona. She also holds an important role in the Judicial Studies Program, serving as a thesis adviser for judges seeking master’s and Ph.D. degrees in judicial studies.

Prof. Harry Litman, Lecturer in Law
University of California Los Angeles School of Law
Harry Litman received his B.A. from Harvard and his J.D. from the University of California, Berkeley, where he was Editor in Chief of the California Law Review. After law school, Professor Litman served as a law clerk to Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit; Justice Thurgood Marshall of the U.S. Supreme Court; and Justice Anthony Kennedy of the U.S. Supreme Court. Following his clerkships, he became an Assistant Attorney General in the Northern District of California, then a Deputy Assistant Attorney General in the Department of Justice. The President appointed him to the position of U.S. Attorney for the Western District of Pennsylvania, where he launched several law-enforcement initiatives while personally litigating cases in the district court and the court of appeals. Professor Litman has held appointments at a number of law schools and schools of public policy over the years.

Hon. Dennis Perluss, Presiding Justice
California Court of Appeal, Second District, Division Seven
Daniel Perluss received his J.D. magna cum laude from Harvard Law School in 1973 where he was Articles Editor for the Harvard Law Review. He clerked for Supreme Court Justice Potter Stewart and to Judge Shirley M. Hufstedler of the Court of Appeals for the Ninth Circuit. Prior to his appointment to Presiding Justice of the Court of Appeal, Second Appellate District, Division Seven, Judge Perluss actively practiced trial and appellate law for more than 24 years. He has also served as a judge of the Los Angeles Superior Court and as Associate Justice of the Court of Appeal.

*Hon. Christopher McFadden, Presiding Judge
Georgia Court of Appeals
Christopher McFadden graduated from the University of Georgia Law School in 1985. He remained a sole practitioner focusing on appellate litigation until he joined the Court of Appeals. Along with attorney Laurie Webb Daniel, he is a founding past Chair of the Appellate Practice Section of the State Bar of Georgia. Judge McFadden has served as an officer or director of the Atlanta Bar Association for 12 years, and as a volunteer attorney for the Innocence Project and the Election Protection Project. He presently serves on the Executive Committee of the Appellate Judges Conference of the ABA and represents the Court of Appeals as Vice Chair of the Georgia Commission on Interpreters and as a member of the Board of Trustees of the Institute of Continuing Judicial Education of Georgia.

* session moderator