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Annual Symposium on Ethics and Professionalism

23rd Annual Symposium on Ethics and Professionalism

The next Annual Symposium on Ethics & Professionalism will be on the topic, “Supreme Court legitimacy: stare decisis, democratic institutions, and the shadow docket.” The conference is being hosted by Tonja Jacobi, Professor and Sam Nunn Chair in Ethics and Professionalism at Emory University School of Law and co-sponsored by GAWL (Georgia Association of Women Lawyers).

The conference will be a one-day event held on Friday September 8, 2023, approximately one month before the beginning of the Court’s 2023 Term. We are pleased to have the conference be associated with a special symposium issue of the Emory Law Journal devoted to the themes of the conference. Readings will be available at a later date.

This conference has been approved by the Georgia Commission on Continuing Lawyer Competency for 4.5 CLE hours, including 1 Ethics hour and 1 Professionalism hour.

Register for the conference » 

Emory Law Journal special symposium issue articles »

There has been significant discussion in the media and academia over whether the U.S. Supreme Court is facing a “legitimacy crisis,” as evidenced by survey data, calls for court reform, and scholarly critique. Concerns have been raised about both the substance of what the U.S. Supreme Court is doing and the means by which it is doing it — the extent to which established cases are being challenged and overturned, and whether the usual process of full briefing and oral argument is being circumvented at unusually high rates. The Court’s decision in Dobbs, overturning Roe v. Wade, is simply the most attention-getting challenge to stare decisis — there are also multiple challenges developing to the modern administrative state and the institutional mechanisms of the democratic process. This conference will address questions such as: Are these critiques driven by simple dissatisfaction with outcomes or by broader institutional concerns? Is the increasing use of the “shadow docket” a skirting of Supreme Court procedure, or merely a response to developments like the increased issuance of wide-reaching preliminary injunctions and the exigencies of the COVID pandemic? Is the Court dismantling the core mechanisms of the democratic process? This debate is highly salient and raises questions directly challenging notions of judicial role, judicial professionalism, and the future of the Supreme Court. It will be of great interest to the legal community generally, both scholars and practitioners. 

These institutional questions, as well as the controversies that have surrounded the individual justices in recent months, raise serious concerns relating to issues of legal professionalism. The recent controversies have highlighted existing challenges and ambiguities about fundamental topics of judicial ethics and professionalism, such as: when should judges and justices recuse themselves, when should judges and justices feel ethically bound not to accept gifts, and what are they required to report? Having so many legitimacy doubts raised about the conduct of Supreme Court justices prompts questions about whether we can expect more from lower court judges than from their superiors, and from the attorneys and lawyers appearing before those judges and justices. And where does it leave both the aspirational goals of a professionalism system, as well as the practical realities of a discipline system, if those higher in the judicial hierarchy are held to a lower standard than those lower in the hierarchy.

We have an intellectually and ideologically diverse slate of high-profile speakers for four panels on the following topics:

  1. Stare decisis
  2. The shadow docket
  3. Mechanisms of democracy
  4. The future of the Court

Our panelists and audience are multidisciplinary, drawing on various strands of academia, including law and political science, as well as practitioners, judges and others.


Co-Sponsors

Georgia Association of Women Lawyers (GAWL) logo

Schedule

8:00 – 9:00 a.m.: breakfast

9:00 – 10:30 a.m.: Stare decisis panel

  • Justice David Nahmias, former Chief Justice of the Georgia Supreme Court;
  • David Frederick, Supreme Court advocate in over fifty cases and partner at Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.;
  • Kate Shaw, Professor at Cardozo School of Law and host of the Strict Scrutiny podcast.

10:30 – 10:50 a.m.: coffee and snack break

11:00 a.m. – 12:30 p.m.: Shadow docket panel

  • Noel Francisco, former Solicitor General of the United States, and now a partner at Jones Day;
  • Stephen I. Vladeck, Charles Alan Wright Chair in Federal Courts, University of Texas Law School.

12:30 – 1:20 p.m.: lunch break

1:30 – 3:00 p.m.: Mechanisms of democracy panel

  • Nicholas Stephanopoulos, Kirkland & Ellis Professor at Harvard Law School;
  • Allegra Lawrence-Hardy, Partner at Lawrence & Bundy and chair of the Stacey Abrams gubernatorial campaigns, 2018 and 2022;
  • Ryan Germany, former general counsel to the Georgia Secretary of State and now a partner at Gilbert, Harrell, Sumerford & Martin.

3:00 – 3:20 p.m.: coffee and snack break

3:30 – 5:00 p.m.: The future of the Court

  • Judge Lucy Inman, former judge of the North Carolina Court of Appeals;
  • Fred Smith Jr., Professor and Charles Howard Candler Professor of Law at Emory University School of Law;
  • Sara Benesh, Associate Professor and Chair, University of Wisconsin, Milwaukee, Political Science;
  • Amy Steigerwalt, Professor and Chair, Georgia State University, Department of Political Science;

5:00 – 6:00 p.m.: Optional Cocktail hour


Parking

Parking map

Parking is available at the Oxford deck and the Fishburne deck. Parking will be validated.


Panelists