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Managerial Judges @ 40 Conference

Managerial Judges @ 40

A Conference on the 40th Anniversary of Judith Resnik’s Managerial Judges

Yale Law School, Room 120
November 3-4, 2022

Thursday, November 3, 2022

7:00-9:00 PMWelcome Dinner

Friday, November 4, 2022

8:30-8:45 AMBreakfast
8:45-9:00 AMWelcome from Dean Heather K. Gerken, Judith Resnik, and Abbe R. Gluck
9:00-10:30 AMRoundtable Discussion: What is Procedural Scholarship? Domains, Canons, and Conventions
Moderator: Abbe GluckThe View from the Academy: Steve Burbank, David Engstrom, Owen Fiss, Deborah Hensler, Tom Tyler, Alexandra Lahav
The View from the Courts: Judge Jesse Furman, and Judge Nancy Gertner
Note: this session will not involve papers per se, but instead, will work as conversation between the moderator and members of the roundtable to introduce some of the questions and concepts that will animate the remaining panels, with ample time set aside for audience participation.
10:30-10:45 AMBreak
10:45-12:15 PMPanel 1: From Cases to Litigation: Managing Cases, Lawyers, and Problems
Moderator: Dave MarcusOn Theories of Representation and Aggregate Litigation
The View from the Academy: Beth Burch and Abbe Gluck, Plaintiffs’ Process; Troy McKenzie, Managerialism and Its Discontents
Commentator: Adam Zimmerman
The View from the Courts: Elizabeth Cabraser and Judge Robert Dow
On Structural Reform and Problem-Solving in the Public Interest
The View from the Academy: Alex Reinert, Management's Substantive Edges; Jason Williamson, The Role of Judges in the Administration of Public Defense Services
Commentators: Jonah Gelbach and Judge Myron Thompson (via Zoom)
12:15-1:15 PMLunch, YLS Dining Hall
1:15-2:45 PMPanel 2: Managing Judges: Courts, Appeals, and Rulemaking
Moderator: Myriam GillesThe View from the Academy: Merritt McAlister, Managing Out the Federal Appellate Judge; Marin Levy, Managing Courts; Brooke Coleman, Managerial Rulemaking
Commentator: Adam Steinman
Bridging the Academy and the Courts: Zach Clopton and Judge Diane Wood (via Zoom), Managerial Judging in the Courts of Appeal
Commentator: Dame Hazel Genn (via Zoom)
The View from the Courts: Judge Margaret McKeown (via Zoom)
3:00-4:25 PMPanel 3: Next Needs, Next Waves: The Future of Adjudication?
Moderator: Harold KohThe View from the Academy: Teddy Rave, Management and Judging in Multidistrict Litigation; Andrew Hammond, The Democratic Turn in Procedural Scholarship; Aaron Littman, Managing Prisoner Litigation
Commentator: Bob Bone
Bridging the Academy and the Courts: Kellen Funk and Judge Lee Rosenthal, Neither Rain nor Gloom: Managerial Judging Through Calm and Calamity
Commentator: Payvand Ahdout
The View from the Courts: Judge Goodwin Liu
4:30-5:15 PMConversation: The Honorable Sonia Sotomayor, Associate Justice, Supreme Court of the United States and Judith Resnik, Yale Law School
5:15-6:15 PMConcluding Remarks and Closing Reception (with ample food for those traveling home that evening)

Sponsored by the Oscar M. Ruebhausen Fund at Yale Law School.