2011 Ninth Circuit Judicial Conference
















Schedule
 
This schedule of business meetings, programs and events is provided to assist you with planning your time at the Conference. Please check the schedule periodically for speaker profiles and program updates that will be posted as the conference date approaches.

Some of the events below are ticketed events.

A Note about the Add-on Programs
A number of additional programs also are open to members of the bar. They include: the Supreme Court Review, the Bankruptcy Judges Education Program, the Magistrate Judges Education Program and the IT Awareness for Judges.

 

Saturday, August 13

 

3:00 p.m.

Conference Registration Opens
Located in the Lobby Clubhouse, across from guest check-in

 

Sunday, August 14

 

12:00 p.m.

Conference Registration Opens
Located in the Lobby Clubhouse, across from guest check-in

 

1:30 p.m.

 

Ninth Judicial Circuit Historical Society Lunch Meeting

 

2:00 p.m.

 

Tennis Clinic

Ticketed event; advance reservations required.

 

4:00 p.m.

 

Attorney Admission Fund Meeting

 

Monday, August 15

 

7:00 a.m.

Conference Registration Opens
New Location: Costa del Sol Foyer (Outside Ballroom D-G, where general sessions will take place.)

 

7:30 a.m.

Chief Bankruptcy Judges Breakfast Meeting
Presiding: Hon. Terry L. Myers, Chief Bankruptcy Judge, ID

Ticketed event; advance reservations required.

 

8:00 a.m.

Spouses' and Guests' Hospitality Room

 

9:00 a.m.

Ninth Circuit Judges Education Program
A Supreme Court Review
Presiding: Hon. Andrew J. Guilford, District Judge, CAC, Ninth Circuit Education Committee

Speaker: Paul D. Clement, Esq., Partner, Bancroft PLLC

Members of the bar are invited.

 

10:45 a.m.

Bankruptcy Judges Education Program
Presiding: Hon. Margaret M. Mann, Bankruptcy Judge, CAS Chair, Bankruptcy Judges Education Committee

The Condition of the Residential Real Estate Market --- How It Will Affect Your Docket and How Your Docket Will Affect It
Ron Greenspan, Senior Managing Director of FTI Consulting, will assess the economic factors influencing the residential real estate market and the cases that might be filed in the bankruptcy court during the coming years.  Mr. Greenspan will address the end game of the mortgage crisis and its effect on the larger macroeconomic recovery. He will discuss how public policy and bankruptcy decisions will affect both the housing market and national economic health. After Mr. Greenspan’s presentation, a discussion of the legal issues raised by the economic data will follow.

Speaker: Ronald Greenspan, Esq., Senior Managing Director, FTI Consulting

Members of the bar are invited.

 

10:45 a.m.

Magistrate Judges Education Program
Presiding: Hon. Gary S. Austin, Magistrate Judge, CAE, Chair, Magistrate Judges Education Committee

The Mortgage Meltdown in the Courts: How did we get here and where do we go from here?
The "mortgage meltdown" or, more accurately, the collapse of the sub-prime lending market, has had worldwide economic implications. For the courts, the implications are straightforward: a barrage of complicated cases, often involving pro se litigants, which require judges to develop a working knowledge of a murky and unwieldy vocabulary, that includes such phrases as "credit bubble," "shadow bankers" and "credit-default swaps" and peppered with acronyms like "MERS," "NIVA" and "CODs." This session will provide background on what caused the current situation, describe how the foreclosure process works, and provide practical assistance for courts to resolve their own "mortgage meltdown." A panel will discuss what different courts are doing as well as the issues presented by the involvement of pro se litigants.

Introductory Presentation: Talcott J. Franklin, Founder, Talcott Franklin P.C.

Moderator: Hon. Jan M. Adler, Magistrate Judge, CAS

Panelists:
Hon. Kevin S.C. Chang, Magistrate Judge, HI
Denise P. Brennan, Senior Counsel, Wells Fargo Home Mortgage Inc.
Walter H. Hackett III, Managing Attorney, Inland County Legal Services

Members of the bar are invited.

 

12:00 p.m.

Spouses' and Guests' Welcome Luncheon and Book Review*
Enjoy catching up with friends and meet new people attending their first Ninth Circuit Judicial Conference. After lunch, there will be a book review and discussion about Unbroken, by Laura Hillenbrand. The story is about Louie Zamperini, whose path to reclaiming his life and unflagging sense of purpose is truly inspiring. You may enjoy the discussion even if you haven't read the book!

Ticketed event; advance reservations required.

 

12:15 p.m.

New Lawyer Representatives Orientation Meeting and Lunch
Presiding: Debora K. Kristensen, Esq., ID
Chair, Lawyer Representatives Coordinating Committee

If this is your first year as a lawyer representative and you're trying to figure out what you should be doing, this is the meeting for you! Become acquainted with the Ninth Circuit, other lawyer representatives and members of the LRCC during this special welcome.

Ticketed event; advance reservations required.

 

12:45 p.m.

 

Bankruptcy Judges Buffet Lunch

Ticketed event; advance reservations required.

 

12:45 p.m.

 

Magistrate Judges Buffet Lunch

Ticketed event; advance reservations required.

 

1:30 p.m.

Business Meetings
Circuit Judges, District Judges, Bankruptcy Judges, Magistrate Judges, Lawyer Representatives, District & Bankruptcy Court Clerks, Chief Pretrial Services & Chief Probation Officers, Ninth Circuit Advisory Board, FBA Chapter Presidents, Law School Deans

 

3:30 p.m.

Break

 

4:30 p.m.

Opening Ceremony

Welcome
: Hon. Alex Kozinski, Chief Judge
U.S. Court of Appeals for the Ninth Circuit

Presiding
: Hon. N. Randy Smith, Circuit Judge
U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee

Presentation of Colors
Naval Base Coronado Honor Color Guard

Pledge of Allegiance
Rear Admiral Patrick E. McGrath, Commander, Naval Air Forces Reserve and Vice Commander, Naval Air Forces

Welcome to the Conference
Introduction of Special Guests and New Judicial Officers
Recognition of New Senior Judges
Hon. N. Randy Smith, Circuit Judge
U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee

A Tribute in Memory of
The Honorable John M. Roll

Chief District Judge, Arizona

Introductory Remarks
Hon. Alex Kozinski, Chief Judge
U.S. Court of Appeals for the Ninth Circuit

Remembrance
Hon. James L. Teilborg, District Judge, AZ

Ninth Circuit Presentation to Mrs. Maureen Roll
Hon. Alex Kozinski, Chief Judge
U.S. Court of Appeals for the Ninth Circuit

Introduction of The Honorable Anthony M. Kennedy
Associate Justice, U.S. Supreme Court

A Special Presentation by The Honorable Anthony M. Kennedy
 

Immediately follows Opening Ceremony

Welcoming Reception (No-host)
Get into the Conference spirit by joining friends and other guests for a welcome reception in the Costa del Sol Foyer.

 

 

Opening Night Buffet Dinner & Dance*
Festivities continue with La Costa’s culinary staff serving up a variety of epicurean delights.  Music and dancing will add to the fun!

Ticketed event; advance reservations required.

 

Tuesday, August 16

 

7:00 a.m.

Chief District Judges Breakfast Meeting
Presiding: Hon. Irma E. Gonzalez, Chief District Judge, CAS
Hon. Robert S. Lasnik, Chief District Judge, WAW
Co-Chairs, Conference of Chief District Judges

Ticketed event; advance reservations required.

 

7:00 a.m.

Bankruptcy Appellate Panel Breakfast Meeting
Presiding: Hon. Jim D. Pappas, Chief Bankruptcy Judge, BAP, ID

Ticketed event; advance reservations required.

 

7:00 a.m.

LRCC / Advisory Board Breakfast Meeting
Presiding: Debora K. Kristensen, Esq., ID
Chair, Lawyer Representatives Coordinating Committee
Open to all out-going and in-coming LRCC Chairs and Co-Chairs. Ticketed event; advance reservations required.

 

7:00 a.m.

Wellness Committee Breakfast Meeting
Presiding: Hon. Phyllis J. Hamilton, District Judge, CAN, Chair, Wellness Committee

Ticketed event; advance reservations required.

 

8:30 a.m.

Spouses' and Guests' Hospitality Room

 

8:30 a.m.

General Session:
Federalism in the 21st Century: Balancing States' Rights with Federal Power

When a draft of the United States Constitution was approved by the Constitutional Convention in September of 1787, and sent to the states for ratification by the people, many delegates to the ratifying conventions were deeply concerned about what impact the newly envisioned national government would have on the states that comprised the union. Since that time, the role and power of the federal government have increased substantially, while the role and power of the several states have diminished in comparison. The panel will discuss current Supreme Court federalism jurisprudence, offer their predictions on the direction the Robert's court is likely to take, and debate the proper balance between federal and state power.

Introduction:

Hon. Milan D. Smith, Jr., Circuit Judge
U.S. Court of Appeals for the Ninth Circuit

Moderator:
Erwin Chemerinsky, Founding Dean,
University of California, Irvine School of Law

Panelists:
Lynn A. Baker, Frederick M. Baron Chair in Law, University of Texas, School of Law
David Oedel, Professor of Constitutional Law, Mercer University Law School
Edward Rubin, Professor of Law and Political Science, Vanderbilt University
Erin Ryan, Haiyang Daxue in 2011 and Lewis & Clark Law School in 2012

 

10:00 a.m.

Break

 

10:15 a.m.

General Session:
The Promises and Perils of Neuroscience Evidence in the Courtroom

Neuroscience research now allows the mapping of brain activity, which may offer an unprecedented level of sophistication in the analysis of human behavior. Judges increasingly will encounter such evidence and, as gatekeepers in the use of valid, reliable, and helpful evidence, must understand the principles underlying this rapidly growing area of scientific endeavor. Our distinguished panelists, who are in the vanguard of experts analyzing the nexus between scientific data and the law, will discuss the current status of neuroscience evidence, how it may be used effectively to support legal determinations, and the risks inherent in using evidence of this kind to draw definitive conclusions about complex human behaviors.

Introduction:
Judith H. Ramseyer, Esq., WAW
Member, Conference Executive Committee

Moderator:
Owen D. Jones, New York Alumni Chancellor's Chair in Law & Professor of Biological Sciences, Vanderbilt University; Director, MacArthur Foundation Law and Neuroscience Project

Panelists:
Nita A. Farahany, Associate Professor of Law and Philosophy, Vanderbilt University
Hank Greely, Deane F. and Kate Edelman Johnson Professor of Law, Stanford Law School
Stephen J. Morse, Ferdinand Wakeman Hubbell Professor of Law and Professor of Psychology and Law in Psychiatry, University of Pennsylvania

 

12:15 p.m.

 

JCUS Ninth Circuit Representatives Luncheon
Presiding: Hon. Alex Kozinski, Chief Judge
U.S. Court of Appeals for the Ninth Circuit

Ticketed event; advance reservations required.

 

12:15 p.m.

Senior Judges Lunch Meeting
Presiding: Hon. Stephen M. McNamee, Senior District Judge, AZ

Ticketed event; advance reservations required.

 

1:00 p.m.

Golf Tournament*

 

1:00 p.m.

Tennis Tournament*

 

1:30 p.m.

Pacific Islands Committee Meeting
Presiding: Hon. Consuelo B. Marshall, Senior District Judge, CAC, Chair, Pacific Islands Committee

 

7:00 p.m.

District Dinners
Conference members from each district will meet for separate dinners at designated locations (See program book). Prior arrangements will be made for speakers and special guests by their hosts.


Wednesday, August 17

 

7:15 a.m.

Breakfast with the Bench Buffet Service

Ticketed event; advance reservations required.

 

8:00 a.m.

Spouses' and Guests' Hospitality Room

 

8:00 a.m.

Award Presentations
Presiding: Hon. Laura S. Taylor, Bankruptcy Judge, CAS, Program Chair, Conference Executive Committee

American Inns of Court Award
Ninth Circuit Professionalism Award
In recognition of professionalism, ethics, civility and legal excellence
Presentation: Hon. Mary M. Schroeder, Circuit Judge
U.S. Court of Appeals for the Ninth Circuit
Board of Trustees, American Inns of Court
Recipient: Hon. Ronald M. Whyte, Senior District Judge, CAN

John P. Frank Award
Recognizing an outstanding lawyer practicing in the Ninth Circuit
Introduction & Presentation: Todd D. True, Esq., Chair, Ninth Circuit Advisory Board, WAW
Remarks: Hon. Michael Daly Hawkins, Senior Circuit Judge, U.S. Court of Appeals for the Ninth Circuit
Recipient: Paul F. Eckstein, Esq., AZ

 

8:15 a.m.

Breakfast with the Bench Program
Each year the Conference presents a session for lawyers and judges to discuss issues of common concern regarding the administration of justice within the Ninth Circuit. This year, we are experimenting with the format by leading off with a topic that involves all participants and moving into smaller discussion groups with four practice-oriented breakout sessions. Please let the Conference Executive Committee know what you think about this change.

Introduction: Debora K. Kristensen, Esq., Chair, LRCC, Member, Conference Executive Committee


The National Pilot Program for Cameras in the Federal Trial Courts: An Important First Step or a Missed Opportunity?

Discussion Leader: Hon. Robert S. Lasnik, Chief District Judge, WAW

 

9:00 a.m.

Breakout Sessions:
Appellate Breakout
Civil Breakout
Bankruptcy Breakout
Criminal Breakout

 

10:30 a.m.

Break

 

10:45 a.m.

General Session:
Search and Seizure in the 21st Century: Developments in the 50 Years Since Mapp v. Ohio
Fifty years ago, in Mapp v. Ohio, the Supreme Court announced that evidence obtained in violation of the Constitution, already excluded in federal criminal proceedings, was also excluded in state prosecutions. Today, lawyers and judges face increasingly complicated and constantly evolving issues relating to searches and seizures. Smart phones, global positioning devices, and a host of other means of obtaining, communicating, and storing data introduce new problems as to what evidence may constitutionally be obtained and relied on in court proceedings. This panel begins with a discussion of the Mapp decision itself by Professor Choper, who was a Supreme Court law clerk, in 1961. The panelists then discuss developments in the law of search and seizure here in the Ninth Circuit in the last half-century, consider the concerns today's practitioners have in litigating search and seizure issues, and examine what would happen if the law had developed differently, as it did in Canada.

Introduction: Joaquin C. Arriola, Jr., Esq., Guam, Member, Conference Executive Committee

Moderator: Gerald F. Uelmen, Professor of Law and Director, Edwin A. Heafey Jr. Center for Trial and Appellate Advocacy, Santa Clara University Law School

Panelists: Justice Morris J. Fish, Supreme Court of Canada
Jesse H. Choper, Earl Warren Professor of Public Law, University of California at Berkeley School of Law
Mythili Raman, Principal Deputy Assistant Attorney General and Chief of Staff, Criminal Division, U.S. Department of Justice

 

12:15 p.m.

Optional District Meetings
California Central, California Eastern, California Northern, Guam, Hawai´i , Idaho, Nevada, and Oregon

 

12:15 p.m.

Appellate Lawyer Representatives Lunch Meeting
Presiding: Bennett Evan Cooper, Esq.,
Chair, Appellate Lawyer Representatives, AZ

Ticketed event; advance reservations required.

 

1:30 p.m.

IT Awareness: (Optional Programs)

Introduction to iPads, Smartphones, Laptops & Netbooks
Presenters:
Hon. Gloria M. Navarro, District Judge, NV
Hon. James L. Robart, District Judge, WAW

This session is designed to provide less experienced users with information about various electronic devices available to judges. Judge Navarro and Judge Robart will address a range of issues involving:

  • Which device or devices are best suited to you?
  • Introduction to the use of iPads, Playbook and other tablet devices.
  • Getting more from your Blackberry, iPhone, Android or other smart phone.
  • Remote access to your chambers and other most commonly asked questions.

You are encouraged to attend if you want to get past the "start-up" phase and move into using mobile technology to make life (and working) easier.

Open to all attendees.

Working with the iPad
Presenters:
Hon. Percy Anderson, District Judge, CAC
Hon. Timothy M. Burgess, District Judge, AK

Participants will learn about the more advanced uses of the iPad and are encouraged to bring their own iPads for hands on learning about:

  • Basic configuration
  • Essential Apps and how they work
  • Synchronizing your iPad
  • Remotely accessing your desktop computer from your iPad
  • Accessing and managing CM/ECF files
  • Downloading and managing documents and briefs

Technical staff will be present to provide assistance as the audience follows along with the presenters. Current iPad users are encouraged to attend, as well as those who are considering purchasing the iPad. While the program is intended primarily for court users, many of the applications and features may be of general interest.

Open to all attendees.

 

2:00 p.m.

ADR Workshop
The goal of this workshop is to consult with participants on creating and expanding district court ADR programs.

Hosts: Hon. Valerie P. Cooke, Magistrate Judge, NV
Chair, Alternative Dispute Resolution Committee
Denise Asper, Esq., Prison Litigation Projects Director, Office of the Circuit Executive

 

2:00 p.m.

Funding the Budget: Crisis in FY2012 and Beyond
A discussion on the current budget situation, the Judicial Conference's revitalized cost containment program, and steps being taken to convince Congress to provide the Judiciary more funding. This presentation will address actions taken to date by Congress and cover the possible impact, both nationally and specifically, on the Ninth Circuit. Chief District Judges, Chief Bankruptcy Judges and unit executives are encouraged to attend.

Presenter: George H. Schafer, Assistant Director,
Office of Finance and Budget, Administrative
Office of the U.S. Courts

 

4:30 p.m.

Anchors Aweigh! The Ninth Circuit Lands on USS Midway*
Experience life at sea without leaving San Diego Harbor! The Ninth Circuit Judicial Conference will enjoy a spectacular adventure on the USS Midway during an exclusive evening complete with guided docent tours of the museum, flight simulation exercises involving flight avionics and mach combat, over 60 exhibits and 27 restored aircraft. As dusk falls, you will enjoy a buffet dinner on the flight deck and be entertained by The Heroes, one of the USS Midway's preferred entertainment groups. The USS Midway is accessible to all with elevators and wheel chairs available for those with special needs. Round-trip bus transportation is included in the price of this event. Please observe an important safety requirement: Rubber-soled shoes are a must! (NO Flip Flops or sandals). Casual attire and slacks are preferred.

Ticketed event; advance reservations required.

 

Thursday, August 18

 

7:15 a.m.

Magistrate Judges Executive Board Breakfast Meeting
Presiding: Hon. David K. Duncan, Magistrate Judge, AZ
Chair, Magistrate Judges Executive Board

Ticketed event; advance reservations required.

 

7:15 a.m.

Marines of the Ninth Circuit Breakfast

Ticketed event; advance reservations required.

 

8:30 a.m.

General Session:
The Federal Courts in 2031 -- Making the Future Happen
A noted futurist, Dr. John Richardson, has said that, "[w]hen it comes to the future, there are three kinds of people: those who let it happen, those who make it happen, and those who wonder what happened." This distinguished panel will present different perspectives on what the federal courts, and the broader legal system in which it functions, may look like in 20 years. From their unique vantage points, they will also suggest what the courts must do to "make the future happen."

Introduction: Hon. B. Lynn Winmill, Chief District Judge, ID, Member, Conference Executive Committee

Moderator: Stuart A. Forsyth, Principal, The Legal Futurist

Panelists: Hon. John R. Tunheim, District Judge, MN
Fred Dust, Partner, IDEO
Larry Kramer, Richard E. Lang Professor and Dean, Stanford Law School
Mark J. Mills, M.D./J.D., College of Physicians and Surgeons, Columbia University
Judith Resnik, Arthur Liman Professor of Law, Yale Law School

 

10:00 a.m.

Break

 

10:15 a.m.

General Session

Part I: Reenactment
Bradwell v. Illinois: A Reeanactment
Setting the "stage" for the next panel, we will travel back to 1872 and have a chance to observe the oral argument before the United States Supreme Court in Bradwell v. Illinois. Myra Bradwell, a married woman, was found qualified to practice law but denied admission to the Bar by the Supreme Court of Illinois on the grounds "[t]hat God designed the sexes to occupy different spheres of action, and that it belonged to men to make, apply, and execute the laws." The United States Supreme Court heard the case. We will have a chance to hear the argument -- or a version of it -- with Ms. Bradwell arguing her own case. Is she a good advocate? Should women be able to practice law? Does the United States Constitution have anything to say on the subject? Come and find out.

Introduction: Hon. Marsha S. Berzon, Circuit Judge
U.S. Court of Appeals for the Ninth Circuit

Reenactment:
Members of the U.S. Supreme Court
Hon. Ruth Bader Ginsburg, Associate Justice,
U.S. Supreme Court
Hon. Richard R. Clifton, Circuit Judge,
U.S. Court of Appeals for the Ninth Circuit
Hon. Sidney R. Thomas, Circuit Judge,
U.S. Court of Appeals for the Ninth Circuit

Advocates: Myra Bradwell—Judith Resnik, Arthur Liman Professor of Law, Yale Law School
Carter G. Phillips, Esq., Sidley Austin LLP

Part II: Panel Discussion
Forty Years after Reed v. Reed: Where Did the Constitutional Law of Gender Discrimination Come From, and Where has it Taken Us?
In 1971, the United States Supreme Court, in a case concerning an Idaho preference for men over women as administrators of estates, for the first time held unconstitutional a state law classification based on sex. At the time, an Equal Rights Amendment to the United States Constitution, proscribing governmental sex discrimination was pending, but it subsequently failed to be adopted. The panel will discuss both the history of these developments and their consequences for the major changes in the role of women in our society which occurred in the next forty years. How did Brown v. Board of Education and the civil rights movement affect the effort to turn to the courts for the elimination of sex discrimination? Would it have mattered if the Equal Rights Amendment had been adopted? Were the major changes in female participation in the workplace greatly affected by legal developments, or would they have come about anyway? Where do women now stand as participants in the American workforce? And how has the participation of women in the political arena been affected by and affected these legal and economic developments?

During the panel discussion, Justice Ginsburg will comment on the issues covered.

Introduction: Hon. Marsha S. Berzon, Circuit Judge
U.S. Court of Appeals for the Ninth Circuit

Moderator: Wendy W. Williams, Professor of Law Emerita, Georgetown University Law Center

Panelists:
Serena Mayeri, Associate Professor, University of Pennsylvania Law School
Ronnee Schreiber, Associate Professor, San Diego State University
Betsey Stevenson, Chief Economist, U.S. Department of Labor

Comments: The Honorable Ruth Bader Ginsburg,
Associate Justice, U.S. Supreme Court

 

12:30 p.m.

Closing Remarks and Adjournment
Hon. N. Randy Smith, Circuit Judge
U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee

 

12:30 p.m.

Conference Executive Committee Farewell Luncheon Meeting
Presiding: Hon. N. Randy Smith, Circuit Judge
U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee

 

Additional Meetings Post Conference

 

 

Thursday, August 18
Space & Facilities Committee Meeting
Joint U.S. Attorneys, Federal Defenders Meeting

Friday, August 19
Space & Facilities Meeting
Joint U.S. Attorneys, Federal Defenders Meeting

 

 

Spouses and all conference guests are invited to attend all general sessions.  Due to space restrictions, Breakfast with the Bench is a ticketed event where members of the Bench, Bar, and court executives discuss a topic of general interest and engage in breakout sessions dealing with appellate, bankruptcy, civil and criminal issues.

 
*Social activities are not funded or subsidized by any federal appropriated funds.