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 PM | Welcome Dinner |
Friday, November 4, 2022
8:30-8:45 AM | Breakfast |
8:45-9:00 AM | Welcome from Dean Heather K. Gerken, Judith Resnik, and Abbe R. Gluck |
9:00-10:30 AM | Roundtable Discussion: What is Procedural Scholarship? Domains, Canons, and Conventions |
Moderator: Abbe Gluck | The 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 AM | Break |
10:45-12:15 PM | Panel 1: From Cases to Litigation: Managing Cases, Lawyers, and Problems |
Moderator: Dave Marcus | On 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 PM | Lunch, YLS Dining Hall |
1:15-2:45 PM | Panel 2: Managing Judges: Courts, Appeals, and Rulemaking |
Moderator: Myriam Gilles | The 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 PM | Panel 3: Next Needs, Next Waves: The Future of Adjudication? |
Moderator: Harold Koh | The 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 PM | Conversation: The Honorable Sonia Sotomayor, Associate Justice, Supreme Court of the United States and Judith Resnik, Yale Law School |
5:15-6:15 PM | Concluding Remarks and Closing Reception (with ample food for those traveling home that evening) |
Sponsored by the Oscar M. Ruebhausen Fund at Yale Law School.