Sunday, March 20, 2011

The Constitution in 2020: The Future of Equality


On April 1st and 2d, The University of Texas School of Law and the American Constitution Society will be hosting a conference on The Future of Equality. This conference is one of a series of academic events connected to the Constitution in 2020 project.

Over the next two weeks speakers at the conference will be posting short essays about their work on Balkinization.

Conference Schedule

Thursday, March 31: Dinner for conference participants

Friday, April 1

Introduction and Welcome


• Sanford Levinson University of Texas
• Reva Siegel, Yale
• Jack Balkin, Yale

Panel One:

Equality and Positive Rights in State Constitutions

• Emily Zackin, Princeton—Positive Rights and State Constitutions (presented by Sanford Levinson, University of Texas)
• Michael Paris, CUNY-Staten Island—Framing Equal Opportunity: Law and the Politics of School Finance Reform (presented by Rick Schragger, University of Virginia)
• Sanford Levinson, University of Texas, Commentator
• Rick Schragger, University of Virginia, Commentator
• Frank Cross, University of Texas—Moderator and Commentator

Panel Two

Relations between Equality and Liberty—Contemporary and Historical Perspectives

• Kenji Yoshino, New York University—The New Equal Protection, 124 Harv. L. Rev. 747 (2011) (presented by Jack Balkin)
• Jack Balkin, Yale—Chapters 11 and 12 from Living Originalism (Harvard University Press forthcoming 2011) (presented by Kenji Yoshino)
• Willy Forbath, University of Texas—Moderator and Commentator

12:30-2:00 Lunch

Panel Three

Disparate Impact and the Future of Antidiscrimination Law

• Richard Primus, University of Michigan—The Future of Disparate Impact, 108 Michigan L. Rev. 1341 (2010) (presented by Richard Ford)
• Reva Siegel, Yale—From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases, 120 Yale L.J. (forthcoming 2011) (presented by Richard Primus)
• Richard Ford, Stanford—Bias in the Air: Rethinking Employment Discrimination Law (presented by Reva Siegel)
• Joey Fishkin, University of Texas—Moderator and Commentator

Panel Four

A Conversation on Immigration and Equality

• Linda Bosniak, Rutgers-Camden
• Gabriel Chin, Arizona State
• Cristina Rodriguez, New York University
• Jack Balkin, Yale—Moderator

6:30 Dinner

Saturday, April 2

Panel Five

Gender, Sexuality and Equality

• Cary Franklin, University of Texas—The Anti-stereotyping Principle in Constitutional Sex Discrimination Law, 85 N.Y.U. L. Rev. 83 (2010) (presented by Melissa Murray)
• Melissa Murray, Berkeley Law—Disestablishing the Family, 119 Yale L. J. 1236 (2010) (co-authored with Alice Ristroph)(presented by Cary Franklin)
• Moderator and Commentator: Angela Littwin, University of Texas

Panel Six

Religious Equality

• Andrew Koppelman, Northwestern— Religious Neutrality in American Law: An Analysis and Defense (Harvard University Press, forthcoming 2012)(presented by Lawrence Sager)
• Doug Laycock, University of Virginia—Commentator
• Lawrence Sager, University of Texas—Moderator/Presenter


Panel Seven

The Constitutional Politics of Equality

• Justin Driver, University of Texas—Against Consensus History , 89 Tex. L. Rev. __(forthcoming 2011)(presented by Doug Nejaime)
• Doug NeJaime, Loyola Los Angeles—Winning through Losing, 96 Iowa L. Rev. 941, (2011)(presented by Justin Driver)
• Reva Siegel, Yale—Moderator and commentator

6:30 Dinner

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