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2009-2010 Symposium
[SYMPOSIUM HOME] [AUDIO FILES] CLE Course Number: 294524 The South Carolina Law Review is proud to announce that its 2009 symposium — “The U.S. Court of Appeals for the Fourth Circuit: Its Tradition, Its Jurisprudence, and Its Future” — was a resounding success. The symposium took place on October 15–16, 2009, at the University of South Carolina School of Law and featured a very distinguished group of judges, scholars, and practitioners, who weighed in on the practice of the Fourth Circuit, its jurisprudence in notable substantive areas, and its possible direction in the future.
On the morning of Thursday, October 15, the Fourth Circuit heard oral arguments at the law school in front of a crowd of approximately 550 students, professors, and local practitioners. The Hon. William B. Traxler, Jr., the Hon. J. Harvie Wilkinson III, and the Hon. Clyde H. Hamilton presided over three cases. That evening, Judge Wilkinson delivered the keynote address for the symposium to approximately 150 students, professors, practitioners, and judges. Among the many distinguished guests, the Law Review was honored to welcome Chief Judge Traxler, Judge Dennis W. Shedd, and Judge Robert B. King of the Fourth Circuit; Judge Karen L. Henderson of the D.C. Circuit; Judge Matthew J. Perry, Judge Joseph F. Anderson, Judge Cameron McGowan Currie, and Judge Margaret B. Seymour of the U.S. District Court for the District of South Carolina; Judge John Waites of the U.S. Bankruptcy Court; and former Chief Judge William W. Wilkins of the Fourth Circuit. A reception followed in the law school lobby. Over 150 attorneys and other interested individuals were in attendance for the panel discussions on Friday, October 16. In the morning, the Law Review hosted a couple of panels intended to provide practical guidance for practitioners arguing in front of the Fourth Circuit. Chief Judge Traxler, Judge King, and Judge Shedd sat on the first panel and answered moderator-led questions regarding the intricacies of the Fourth Circuit. The judges graciously offered their advice about how to best prepare for and present arguments before the Fourth Circuit. The following panel featured Dick Harpootlian, Amy Ray, and Matt Gissendanner, skilled appellate advocates and former Fourth Circuit clerks, who offered their advice about arguing before and preparing briefs for the Fourth Circuit. The rest of the day focused on generating genuine, substantive discussion on the Fourth Circuit’s jurisprudence. Professor David Stras of the University of Minnesota Law School provided data reflecting recent trends in the Fourth Circuit’s practice and jurisprudence, and Professor Carl Tobias of the University of Richmond Law School addressed the possible direction of the Fourth Circuit under the Obama Administration. Professor John Blume of Cornell University Law School analyzed the Fourth Circuit’s death penalty jurisprudence, while Assistant United States Attorney Bill Watkins critiqued the Fourth Circuit’s modified categorical approach for determining what constitutes a violent felony under the Armed Career Criminal Act. Professor Helen Norton and attorney Kevin Hall offered differing takes on the Fourth Circuit’s government speech jurisprudence. Finally, Professor Hank Chambers and attorney Allen Nickles discussed the Fourth Circuit’s employment discrimination jurisprudence. Articles relating to the symposium will appear in Book 3 of the South Carolina Law Review, along with the Fourth Circuit Survey, which provides case summaries analyzing recent notable decisions from the Fourth Circuit.
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South Carolina Law Review
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