Northwestern Univ
<p><font size="4" face="Times New Roman">=</font></p><p><font size="4" face="Times New Roman">Trump supporters throwing the term “<b>coup”</b> around, French emphasizes, aren’t even using it correctly.</font></p><p><font size="4" face="Times New Roman" style="background-color: rgb(255, 255, 102);">“A coup is an unlawful, often violent seizure of power,” French explains. “Impeachment is a constitutional process that can’t succeed without the affirmative votes of, first, a majority of the House, and then, a supermajority of the Senate — and every person voting is a person who won an election, also according to constitutional process. Impeachment isn’t the dissipation of constitutional government, it’s the exercise of constitutional authority.”</font></p><p><font size="4" face="Times New Roman">
</font></p><p><font size="4" face="Times New Roman">Another talking point on the “Trumpist right,” French points out, is the claim that under the Sixth Amendment to the U.S. Constitution, Trump has the right to confront the whistleblower — a claim that is ludicrous, he says, because the Sixth Amendment deals with criminal prosecutions, not an impeachment in Congress. <b>And French laments that even Steven Calabresi, a conservative legal scholar who teaches law at<span style="background-color: rgb(255, 204, 102);"> Northwestern University, </span>has referenced the Sixth Amendment to defend Trump.</b></font></p><p><font size="4" face="Times New Roman">
</font></p><p><font size="4" face="Times New Roman">“The scope and reach of the Sixth Amendment has been extensively litigated, and it most assuredly does not apply to the House’s impeachment inquiry,” French emphasizes. “One can certainly make a good-faith argument that maintaining the whistleblower’s anonymity is unfair, but to argue that it violates the Sixth Amendment is simply and plainly wrong.”</font></p><p><font size="4" face="Times New Roman">=</font></p><h1 class="entry-title"><font size="4" face="Times New Roman">Pro-business organizations sponsor expense-paid seminars for federal judges</font></h1>
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<div class="byline"><font size="4" face="Times New Roman"><span class="by-author"><span class="sep">By</span> <span class="author vcard"><a class="url fn n" href="http://thelensnola.org/author/centerforpublicintegrity/" title="View all posts by Center for Public Integrity" rel="author">Chris Young, Reity O'Brien and Andrea Fuller</a></span><span class="nickname">, Center for Public Integrity</span></span> <time class="entry-date updated dtstamp pubdate" datetime="2013-03-28T14:33:16+00:00">March 28, 2013 2:33pm</time><span class="small_comments"> </span></font></div>
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<p><font size="4" face="Times New Roman">Conservative foundations, multinational oil companies and a
prescription drug maker were the most frequent sponsors of more than<b> 100
expense-paid educational seminars attended by federal judges over a 4
1/2-year period, </b>according to a Center for Public Integrity
investigation.</font>
<font size="4" face="Times New Roman">Among the seminar titles were “The Moral Foundations of Capitalism,”
“Corporations and the Limits of Criminal Law” and “Terrorism, Climate
& Central Planning: Challenges to Liberty & the Rule of Law.”</font>
<font size="4" face="Times New Roman">Leading the list of sponsors of the 109 seminars identified by the
Center were the conservative Charles G. Koch Charitable Foundation, The
Searle Freedom Trust, also a supporter of conservative causes,
ExxonMobil Corp., Shell Oil Co., pharmaceutical giant Pfizer Inc. and
State Farm Insurance Cos. Each were sponsors of 54 seminars.</font>
<font size="4" face="Times New Roman">Other top sponsors included the conservative Lynde and Harry Bradley
Foundation (51), Dow Chemical Co. (47), AT&T Inc. (45) and the U.S.
Chamber of Commerce (46), according to the Center’s analysis.</font></p>
<aside class="module pull-quote right half"><font size="4" face="Times New Roman">Critics complain that
many of the privately funded conferences serve state and federal judges
a steady dose of free-market, anti-regulation lectures that could
influence judges’ rulings from the bench.</font></aside>
<p><font size="4" face="Times New Roman">Sponsors pick up the cost of judges’ expenses, which often include
air fare, hotel stays and meals. The seminars in the Center’s
investigation took place from July 2008 through 2012.</font>
<font size="4" face="Times New Roman">The Center identified 185 federal district and appeals court judges
who reported attending one or more of the seminars over the period,
according to disclosure forms, or about 11 percent of the more than
1,700 federal judges in the United States.</font>
<font size="4" face="Times New Roman">Among the participants: <a href="https://docs.google.com/spreadsheet/ccc?key=0AiqO0-aFUe2AdDljNTVaUEViaU5qbHM4Zk1EY3ZORGc#gid=0">U.S. District Judge Carl J. Barbier of the Eastern District of Louisiana</a>.
One of the two seminars he attended in 2009, “Criminalization of
Corporate Conduct,” was sponsored by the American Petroleum Institute
and other business interests. Barbier is now presiding over the BP oil
spill trial.</font>
<font size="4" face="Times New Roman">U.S. Bankruptcy Judge Jerry A. Brown, who serves in the Eastern District of Louisiana, <a href="https://docs.google.com/spreadsheet/ccc?key=0AiqO0-aFUe2AdDljNTVaUEViaU5qbHM4Zk1EY3ZORGc#gid=0">also attended two seminars</a>: “Economics Institute for Judges” in 2009 and “Antitrust Law and Economics Institute for Judges” in 2012.</font>
<font size="4" face="Times New Roman">Two schools — <b>George Mason University, located in Virginia just
outside Washington, D.C., and Northwestern University based in Evanston,
Ill., — hosted more than two-thirds of the seminars.</b></font>
<font size="4" face="Times New Roman">Roughly three-fourths of the more than 800 sponsors listed in
documents were individuals, including a number of judges who took trips,
raising the possibility that they may have offset the cost of the
sponsorships with their donations. Most of the remaining underwriters
were companies and foundations.</font>
<font size="4" face="Times New Roman">Determining exactly how much was paid by which sponsor is difficult
to determine — amounts are not required to be reported under the
disclosure rules.</font>
<font size="4" face="Times New Roman">Judicial conferences are billed as educational retreats intended to
improve judges’ understanding of the law and economics. Judges and
seminar hosts say the conferences, which feature lectures and panel
discussions, provide helpful information that refines their legal
expertise.</font>
<font size="4" face="Times New Roman">But they’ve long drawn scrutiny for how they are funded and organized.</font>
<font size="4" face="Times New Roman">Since the 1990s, critics have complained that many of the privately
funded conferences serve state and federal judges a steady dose of
free-market, anti-regulation lectures that could influence judges’
rulings from the bench.</font>
<b><font size="4" face="Times New Roman">Those concerns quieted in 2007, when the Judicial Conference of the
United States, a group of senior circuit judges who oversee the U.S.
Courts, implemented a policy requiring judges and seminar hosts to
disclose information about the conferences.</font></b></p>
<h4><font size="4" face="Times New Roman">Well-traveled jurists</font></h4>
<p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">The most-traveled judges, according to reports filed online by the
judges, were U.S. District Judge Charles R. Wolle of the Southern
District of Iowa and Chief Judge Thomas B. Bennett of the Northern
District of Alabama Bankruptcy Court. Each reported attending nine
seminars.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">Wolle is a “senior status” judge, meaning he is semi-retired. He did not respond to requests for comment.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">The next-most-traveled judges were:</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><ul><li><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">U.S. District Judge Manuel L. Real of the Central District of
California and Judge Diarmuid F. O’Scannlain of the U.S. Court of
Appeals 9th Circuit, covering the Western states, who each took eight
trips;</font></span></li><li><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">E. Grady Jolly, a federal appeals court judge for the 5th Circuit
which includes Texas, Louisiana and Mississippi, and U.S. Bankruptcy
Judge Michael B. Kaplan of the District of New Jersey, who each took six
trips;</font></span></li><li><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">U.S. District Judge Kenneth M. Hoyt of the Southern District of
Texas, Chief Magistrate Judge Thomas J. Shields of the Southern District
of Iowa and senior-status U.S. District Judge Frederic Block of the
Eastern District of New York, each of whom took five trips.</font></span></li></ul>
<p><font size="4" face="Times New Roman">O’Scannlain declined to comment for this story. In an email, Kaplan
wrote that the “seminars offer a valuable opportunity for new judicial
appointees to enhance their knowledge and skills in complex areas of the
law,” including economics.</font>
<font size="4" face="Times New Roman">Wolle, Real and O’Scannlain are all listed as seminar sponsors, though records do not indicate how much they contributed.</font>
<font size="4" face="Times New Roman">The Center identified instances where judges who attended seminars
underwritten by certain firms and trade groups later issued rulings in
the funders’ favor.</font></p>
<h4><font size="4" face="Times New Roman">EPA loses case</font></h4>
<p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">In April 2009, for example, Jolly traveled to Northwestern University
to attend the “Criminalization of Corporate Conduct” seminar sponsored
by the American Petroleum Institute, the U.S. Chamber of Commerce and 13
other funders.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">Last August, Jolly wrote the majority 2-1 opinion declaring that the
Environmental Protection Agency broke the law when it rejected a Texas
emissions cap generally supported by the fossil fuels industry.</font></span></p>
<aside class="module pull-quote left half"><font size="4" face="Times New Roman">“It looks as if [corporations] are buying influence, even if it’s not true.” — Charles Geyh, an Indiana University law professor</font></aside>
<p><font size="4" face="Times New Roman">Jolly, who did not respond to requests for comment, sided with two of
the petitioners in the suit — the American Petroleum Institute and the
U.S. Chamber.</font>
<font size="4" face="Times New Roman">Charles Geyh, an Indiana University law professor who specializes in
judicial ethics, is skeptical that rulings are directly influenced by
corporate sponsors of seminars, but noted, “in a cynic’s view that would
smack of corruption.”</font>
<font size="4" face="Times New Roman">“Even if it has no effect in terms of the decisions judges make, the
perception of influence matters a great deal,” he says. “It looks as if
[corporations] are buying influence, even if it’s not true.”</font>
<font size="4" face="Times New Roman">Another attendee of the 2009 “Criminalization of Corporate Conduct”
seminar was Barbier, the Eastern District of Louisiana jurist presiding
over a high-profile <b>BP civil trial, which is being held without a jury
in New Orleans.</b></font>
<font size="4" face="Times New Roman">Barbier is in charge of considering whether BP owes billions of
dollars in fines for gross negligence leading to the 2010 Deepwater
Horizon oil platform explosion and spill. The disaster killed 11 people
and contaminated a large swath of the Gulf Coast.</font>
<b><font size="4" face="Times New Roman">In 2011, Barbier dismissed a wrongful-death claim in a suit brought
against ExxonMobil and Chevron USA by the widow of a worker who was
exposed to radioactive materials found on the companies’ equipment.</font></b>
<font size="4" face="Times New Roman">Barbier’s ruling in favor of the oil companies came two years after
he attended the corporate conduct seminar, funded in part by ExxonMobil
and the American Petroleum Institute, according to documents. The judge
did not respond to requests for comment.</font></p>
<aside class="module aside right half">
<h3><font size="4" face="Times New Roman">Politics investigations in your inbox: <a href="http://www.publicintegrity.org/email-subscribe" target="_blank">Sign up for The Center for Public Integrity’s Watchdog email</a></font></h3>
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<h3><font size="4" face="Times New Roman">Related: <a title="Key Findings" href="http://www.publicintegrity.org/2013/03/28/12384/key-findings">Key Findings</a></font></h3>
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<h3><font size="4" face="Times New Roman">Related story: <a title="Judicial seminar backed by ex-president of Bolivia" href="http://www.publicintegrity.org/2013/03/28/12366/judicial-seminar-backed-ex-president-bolivia">Judicial seminar backed by ex-president of Bolivia</a></font></h3>
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<h3><font size="4" face="Times New Roman">Related: <a title="Free 'Consider the Source' e-book" href="http://www.publicintegrity.org/2013/03/28/12401/free-consider-source-e-book">Free ‘Consider the Source’ e-book</a></font></h3>
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<h4><font size="4" face="Times New Roman">Corporate U?</font></h4>
<p><font size="4" face="Times New Roman">George Mason University’s Law & Economics Center hosted 45
seminars while Northwestern University’s Judicial Education Program
hosted 29. A total of 136 federal judges reported attending conferences
conducted by the schools during the 4 1/2-year period analyzed by the
Center for Public Integrity.</font>
<font size="4" face="Times New Roman">The remaining top five conference hosts, including The Sedona
Conference and the <span style="background-color: rgb(255, 0, 0);">Foundation for Research on Economics and the
Environment (FREE)</span>, collectively organized 28 conferences.</font>
<font size="4" face="Times New Roman">The Koch Foundation and The Searle Freedom Trust supported most of
the conferences organized by George Mason and Northwestern. The energy
industry was a sponsor in roughly three-fourths of the conferences
hosted by Northwestern.</font>
<font size="4" face="Times New Roman">Billionaire brothers Charles and David Koch, major supporters of
conservative causes, and their foundations have given millions to George
Mason University. As the Center <a href="http://www.publicintegrity.org/2013/01/31/12105/koch-brothers-pour-more-cash-think-tanks-alec">recently reported</a>,
the <span style="background-color: rgb(255, 255, 102);">George Mason University Foundation received $4.4 million in 2011
from the Charles Koch Foundation, making up 15 percent of its revenue
that year.</span></font>
<font size="4" face="Times New Roman">The school is the top recipient of Koch foundation money since 1985.
George Mason also houses several free market and libertarian research
centers, including the Institute for Humane Studies, which received $3.7
million from the Koch foundations, and the Mercatus Center, whose board
of directors includes Charles Koch.</font>
<font size="4" face="Times New Roman">Officials from the Charles G. Koch Charitable Foundation did not return phone calls seeking comment for this report.</font>
<font size="4" face="Times New Roman">The Judicial Conference disclosure policy doesn’t require seminar
hosts to reveal how much donors contribute to conferences. But
corporate-giving reports and nonprofit tax records shed some light on
the costs.</font></p>
<h4><font size="4" face="Times New Roman">Oil industry support</font></h4>
<p><font size="4" face="Times New Roman">In 2011, for example, ExxonMobil <a href="http://www.exxonmobil.com/Corporate/Files/gcr_contributions_pubpolicy11.pdf">reported</a> giving
$20,000 to George Mason specifically for its judicial training program.
The oil company gave an additional $30,000 to the university’s Law
& Economics Center, which hosts the conferences. Between 2003 and
2007, the ExxonMobil Foundation gave the think tank $150,000.</font>
<font size="4" face="Times New Roman">ExxonMobil officials did not respond to requests for comment.</font></p>
<aside class="module pull-quote right half"><font size="4" face="Times New Roman">“It’s the funders
that create the problem … The money comes from interests that have
matters before the courts, and they’d like to have those matters settled
in their favor.” — Stephen Gillers, a New York University law professor
who specializes in legal ethics</font></aside>
<p><font size="4" face="Times New Roman">Another seminar funder, Donors Trust, gave George Mason’s Law &
Economics Center nearly $450,000 in general support in 2010. As the
Center <a href="http://www.publicintegrity.org/2013/02/14/12181/donors-use-charity-push-free-market-policies-states">reported</a>,
Donors Trust helps conservative foundations and individuals give money
anonymously to nonprofits that may take controversial positions.</font>
<font size="4" face="Times New Roman">A representative of Donors Trust declined to comment for this story.</font>
<font size="4" face="Times New Roman"><a href="http://www.searlefreedomtrust.org/">The <span style="background-color: rgb(255, 255, 102);">Searle </span>Freedom Trust</a>,
a foundation advocating “economic liberty” that regularly donates to
conservative groups like the Cato Institute and the American Enterprise
Institute, contributed a combined $400,000 to George Mason’s judicial
education programs in 2010 and 2011.</font>
<font size="4" face="Times New Roman">The school conducted conferences on antitrust law as well as
“Corporations and the Limits of Criminal Law,” both funded by AT&T,
BB&T, BP America, Cigna, Coca-Cola, Dow Chemical, FedEx Corp. and
others.</font>
<font size="4" face="Times New Roman">“The Moral Foundations of Capitalism” was funded by the same group,
and was the most popular George Mason conference, drawing at least 10
federal judges.</font>
<font size="4" face="Times New Roman">BP spokesman Scott Dean says the company has no record of ever
directly contributing to the seminars but he did say BP gave the law
school and the Law & Economics Center more than $37,000 between 2001
and 2008.</font>
<font size="4" face="Times New Roman">Seminars at Northwestern are hosted by the school’s Searle Center on Law, Regulation, and Economic Growth. The think tank, <a href="http://www.law.northwestern.edu/searlecenter/">according to its website</a>, was founded in 2006 thanks to a “generous grant” from Daniel C. Searle, the late pharmaceutical industry executive.</font>
<font size="4" face="Times New Roman">In 2009, the foundation <a href="http://990s.foundationcenter.org/990pf_pdf_archive/367/367244615/367244615_200912_990PF.pdf">gave $200,000</a> to <span style="background-color: rgb(255, 255, 102);">Northwestern’s Searle Center </span>for its judicial education program.</font>
<font size="4" face="Times New Roman">Another Northwestern seminar funder, The Lynde and Harry Bradley
Foundation — a major supporter of conservative organizations, including
the Heritage Foundation — gave $210,000 to the Searle Center between
2008 and 2010.</font>
<font size="4" face="Times New Roman">Records show corporate sponsorship at Northwestern was highest from
2008 through 2010, when a man named Henry Butler — now in charge of
George Mason University’s Law & Economics Center — ran the Searle
Center.</font>
<font size="4" face="Times New Roman">Daniel Rodriguez, dean of Northwestern University’s School of Law,
says corporate sponsorships at the school “ended the moment Butler
left.” Rodriguez, who became the dean of Northwestern’s law school last
year, says the school recently decided to terminate the programs. He
says he’s against corporate sponsorship of judicial seminars.</font>
<font size="4" face="Times New Roman">“These programs should be free from any real or perceived conflict of interest,” he says.
</font></p><aside class="module aside right half">
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<h3><font size="4" face="Times New Roman">Related: <a title="Find a judge" href="http://www.publicintegrity.org/2013/03/28/12349/find-judge">Find a judge</a></font></h3>
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<h3><font size="4" face="Times New Roman">Related story: <a title="Judges often ignore trip disclosure rules" href="http://www.publicintegrity.org/2013/03/28/12330/judges-often-ignore-trip-disclosure-rules">Judges often ignore trip disclosure rules</a></font></h3>
<h3><font size="4" face="Times New Roman">Related: <a title="Methodology" href="http://www.publicintegrity.org/2013/03/28/12387/methodology">Methodology</a></font></h3>
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<h4><font size="4" face="Times New Roman">Some history</font></h4>
<p><font size="4" face="Times New Roman">In the late 1990s and early 2000s, <a href="http://communityrights.org/NothingForFREE/NFFmain.php">advocacy groups</a> and <a href="http://www.youtube.com/watch?v=N7Aw_FXhRqk">media outlets</a> raised
concerns about judges attending privately funded conferences conducted
in vacation destinations like Arizona, Montana and Florida.</font>
<font size="4" face="Times New Roman">Critics claimed that the undisclosed trips created conflicts of
interest and cast doubt on the ability of judges to decide cases without
bias.</font>
<font size="4" face="Times New Roman">Seminars hosted by the<span style="background-color: rgb(255, 255, 102);"> Foundation for Research on Economics and the Environment (FREE) attracted the <a href="http://www.washingtonpost.com/wp-srv/politics/daily/april98/judges9.htm">most attention</a>.</span></font></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">FREE, a Montana-based think tank championing “free-market environmentalism,” drew criticism for its <a href="http://communityrights.org/TaintedJustice/factsheet.php">ideologically conservative</a> seminars.
In 2011, for example, FREE hosted “Terrorism, Climate & Central
Planning: Challenges to Liberty & the Rule of Law.”</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">Critics complained that judges spent their free time golfing, fishing
and horseback riding at the conference’s Montana resort location. They
worried that judges were being wined, dined and entertained by FREE’s
funders, which included Koch Industries and Texaco Inc. (now part of
Chevron Corp.).</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">Media scrutiny prompted members of Congress in 2000 to introduce <a href="http://www.govtrack.us/congress/bills/106/s2990/text">legislation</a> that
would prohibit judges from accepting “anything of value in connection
with a seminar.” The bill, which died in committee, was opposed by the
Judicial Conference, which claimed it restricted judges’ free speech
rights.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman"><a href="http://www.govtrack.us/congress/bills/108/s787/text">Similar legislation</a> failed again in 2003.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">In 2007, the Judicial Conference implemented a <a href="http://www.uscourts.gov/uscourts/RulesAndPolicies/SeminarDisclosure/judbrappc906c.pdf">policy</a> designed to provide “greater transparency” by setting up disclosure requirements for both judges and seminar hosts.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">“Instead of banning anything,” says Geyh, the policy “was a way to
mollify those who recognized the perception problem without causing the
ones who treat [the conferences] as a First Amendment issue to go
ballistic.”</font></span></p>
<hgroup>
<h4><font size="4" face="Times New Roman">Buying influence?</font></h4>
</hgroup>
<p><font size="4" face="Times New Roman">Even with the new policy, the seminars still have critics.</font>
<font size="4" face="Times New Roman">“These seminars are taking place because large corporate interests
are hoping to influence the outcome of cases involving themselves or
likeminded entities,” says Nan Aron, president of the Alliance for
Justice, a liberal organization that first raised concerns about
judicial education conferences in a <a href="http://www.afj.org/assets/resources/resources2/Justice-for-Sale.pdf">1993 report</a> titled “Justice for Sale.”</font>
<font size="4" face="Times New Roman">Russell Wheeler, former deputy director of the Federal Judicial
Center, an education and research agency for the federal courts, says
it’s possible that funders could be truly dedicated to improving judges’
understanding of the law.</font>
<font size="4" face="Times New Roman">But, he says, “You’ve got to be pretty naïve to believe that.”</font>
<font size="4" face="Times New Roman">“It’s the funders that create the problem,” says Stephen Gillers, a
New York University law professor who specializes in legal ethics. “The
money comes from interests that have matters before the courts, and
they’d like to have those matters settled in their favor.”</font></p>
<aside class="module pull-quote left half"><font size="4" face="Times New Roman">“I’m not going to be
snowed by anybody’s presentation.” — Chief Judge Thomas B. Bennett of
the Northern District of Alabama Bankruptcy Court</font></aside>
<p><font size="4" face="Times New Roman">Many of the seminars are conservative in nature, especially those
hosted by George Mason. But there are a few exceptions. A June 2010
conference sponsored by the Open Society Institute, a foundation founded
by liberal investor George Soros, focused mainly on human rights
law. (The Center for Public Integrity and The Lens have received funding
from Soros’ Open Society Foundations.)</font>
<font size="4" face="Times New Roman">Events hosted by the Sedona Conference, a nonprofit whose seminars
address legal issues like antitrust law and intellectual property, have
been funded primarily by law firms.</font></p>
<hgroup>
<h4><font size="4" face="Times New Roman">Speaking from the right</font></h4>
</hgroup>
<p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">According to The Center for Public Integrity’s analysis, the person who spoke at more judicial conferences than any other was <a href="http://www.law.gmu.edu/assets/files/faculty/cv/BUTLER_CV-20111114.pdf">Butler</a>,
a professor and prominent conservative formerly of Northwestern and now
executive director of George Mason’s Law & Economics Center.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">He has taught judicial seminar courses with titles like “Economic
Thinking” and “Economics of Insurance.” A former Republican candidate
for Congress — he lost a 1992 bid — Butler was a “Koch Distinguished
Professor of Law and Economics” at the University of Kansas.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">Butler’s resume cites his “professional affiliations” with the
conservative Federalist Society and the Mont Pelerin Society, which
decries society’s loss of freedoms “fostered by a decline of belief in
private property and the competitive market.”</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">Butler declined to be interviewed for this story. In response to
emailed questions about George Mason’s judicial seminars, he wrote, “You
seem to have a well-established theme to your story, accordingly we
don’t see any advantage in collaborating with you.”</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><font size="4" face="Times New Roman"><span style="background-color: rgb(255, 255, 102);">Daniel Polsby, dean of the George Mason University School of Law,
also declined to answer questions</span> for this story other than to say via
email: “We’re very proud of the activities and programs of the Law &
Economics Center.”</font>
<font size="4" face="Times New Roman">Another frequent seminar instructor is Terry L. Anderson, president of the <a href="http://perc.org/about-us">Property and Environment Research Center</a>, a conservative think tank “dedicated to improving environmental quality through property rights and markets.”</font>
<font size="4" face="Times New Roman">Anderson, a senior fellow at the conservative Hoover Institution, has
regularly led “Free Market Environmentalism” lectures at conferences
hosted by both George Mason and Northwestern.</font></p>
<hgroup>
<h4><font size="4" face="Times New Roman">Green energy’s ‘false promise’</font></h4>
</hgroup>
<p><font size="4" face="Times New Roman">In January 2011, Anderson was one of four lecturers who spoke at
George Mason’s “Advanced Institute on Environmental Economics”
conference, which was funded in part by ExxonMobil, BP America and Shell
Oil.</font>
<font size="4" face="Times New Roman">The other three speakers were <a href="http://mercatus.org/sites/default/files/Andrew_Morriss_CV.pdf">Andrew Morriss</a>, co-author of the book “The False Promise of Green Energy”; <a href="http://www.montana.edu/econ/fleck/cv11192011.pdf">Robert K. Fleck</a>,
an economics professor who has received thousands of dollars in
research grants from the Charles G. Koch Charitable Foundation; and <a href="http://www.law.virginia.edu/pdf/faculty/jjresume_august2010.pdf">Jason Johnston</a>, a former fellow with the Koch-funded, Anderson-led Property and Environment Research Center and a <a href="http://www.cato.org/doc-download/sites/cato.org/files/serials/files/regulation/2008/9/v31n3-1.pdf">critic</a> of efforts to reduce greenhouse gas emissions.</font>
<font size="4" face="Times New Roman">“I don’t express views” during lectures, says Anderson. He says his
talks are based strictly on economic analysis. “None of my lectures are
aimed at changing any judge’s opinion” about a case before them in
court.</font>
<font size="4" face="Times New Roman">George Mason law professor Todd J. <a href="http://www.law.gmu.edu/faculty/directory/fulltime/zywicki_todd">Zywicki</a>, another regular judicial program speaker, has taught judges about issues like mortgage markets and consumer credit.</font>
<font size="4" face="Times New Roman">He is a senior scholar at the school’s conservative <a href="http://mercatus.org/content/about">Mercatus Center</a>,
and has ties to the Goldwater Institute, a libertarian think tank, and
the Competitive Enterprise Institute, which is “dedicated to advancing
the principles of limited government, free enterprise, and individual
liberty.” Zywicki did not respond to a request for comment.</font>
<font size="4" face="Times New Roman">George Mason “is known to stage conferences that have a conservative economic perspective,” says Gillers, the NYU law professor.</font>
<font size="4" face="Times New Roman">One frequent attendee of George Mason’s judicial seminars, Judge
Bennett of Alabama bankruptcy court, told the Center “I’m not going to
be snowed by anybody’s presentation.” He said he finds the seminars
“infinitely invaluable.”</font>
<font size="4" face="Times New Roman">“You can accumulate information much more quickly than if you sit in your office and read stuff,” he says.</font>
<font size="4" face="Times New Roman">Bennett dismisses criticism of George Mason’s judicial conferences —
even though he acknowledges that they often feature conservative voices.</font>
<font size="4" face="Times New Roman">“I believe they put on a fairly balanced program,” he says, noting
that he doesn’t pay attention to who funds the conferences. “I’ve been
to George Mason seminars where they’ve had people who are not
conservative. It’s all in the eye of the beholder.”</font></p>
<hgroup>
<h4><strong><font size="4" face="Times New Roman">Stacked panels?</font></strong></h4>
</hgroup>
<p><font size="4" face="Times New Roman">Northwestern’s 2009 seminar titled “Criminalization of Corporate
Conduct” included a speaker panel that was very corporate-friendly —
something George Mason’s Henry Butler openly acknowledged during his
presentation summing up the day’s events.</font>
<font size="4" face="Times New Roman">Butler noted “a question can be raised” about the panels’ balance and
“do we have enough people here that are representing the prosecutor’s
perspective.” (His remarks are posted on <a href="http://www.youtube.com/watch?v=Bp16oL9VNtY">YouTube</a>.) “And I certainly can plead guilty to that accusation.”</font>
<font size="4" face="Times New Roman">“On the other hand,” he continued, “I have to explain to you that
we’ve had difficulty in the past getting the U.S. attorneys to
participate in these programs.”</font>
<font size="4" face="Times New Roman">The December 2010 “Climate Change Litigation” session hosted by
George Mason’s Law & Economics Center was sponsored in part by BP
America, ExxonMobil and Shell Oil, and featured four speakers.</font>
<font size="4" face="Times New Roman">Two were attorneys who have represented corporate clients like Koch
Industries and ExxonMobil. A third speaker, Johnston, the former
Property and Environment Research Center fellow, spent part of his
presentation criticizing the American civil courts system for making
American companies less competitive on the international stage.</font>
<font size="4" face="Times New Roman">Butler, who moderated the panel, acknowledged the imbalance as he introduced a last-minute replacement for the fourth panelist.</font>
<font size="4" face="Times New Roman">“Eric Mayer is going to be pro-public nuisance, climate-change
litigation cases, and the other three are basically going to express
some skepticism,” <a href="http://vimeo.com/18664030">Butler said</a> in his introduction, identifying Mayer, a lawyer who has represented plaintiffs as well as corporate defendants.</font>
<font size="4" face="Times New Roman">The announcement drew laughs from panelists and audience members.</font>
<font size="4" face="Times New Roman">“This may seem unbalanced,” Butler continued, “but Eric is not daunted by this challenge at all.”</font></p>
<hgroup>
<h4><font size="4" face="Times New Roman">Donor names disappear</font></h4>
</hgroup>
<p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">The “transparency” policy regarding judicial trips may be weak, but
the names of the corporations, foundations and individuals that pay for
the conferences at least are available to the public.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">Now, even that bit of sunshine is clouding over.</font></span></p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">
</font></span><p><span style="background-color: rgb(255, 255, 102);"><font size="4" face="Times New Roman">In 2012, George Mason’s Law & Economics Center began listing “xyz
corp.,” as a sponsor before listing itself as the only donor on
official disclosure documents. However, the think tank does provide a
list of donors on its <a href="http://www.masonlec.org/about/donors-date">website</a>.</font></span>
<font size="4" face="Times New Roman">The 2007 Judicial Conference policy allows such reporting if the
support comes from general revenues or from endowments or gifts “not
raised for the particular educational program or for the purpose of
educating judges.”</font>
<font size="4" face="Times New Roman">Geyh, the Indiana University law professor, says the policy enables
conference hosts to shield their donors and make it tough for judges to
identify potential conflicts before attending seminars.</font>
<font size="4" face="Times New Roman">“It does raise transparency issues,” he says. “It strikes me as some semantic game-playing with the rules.”</font>
<font size="4" face="Times New Roman"><em>This story was <a href="http://www.publicintegrity.org/2013/03/28/12368/corporations-pro-business-nonprofits-foot-bill-judicial-seminars" target="blank">originally published</a> by <a itemprop="url" href="http://www.publicintegrity.org/" target="blank">The Center for Public Integrity</a>, which is a nonprofit, nonpartisan investigative news organization in Washington, D.C. It was reported and written by </em><a title="Chris Young" href="http://www.publicintegrity.org/authors/chris-young">Chris Young</a>, <a title="Reity O'Brien" href="http://www.publicintegrity.org/authors/reity-obrien">Reity O’Brien</a> and <a title="Andrea Fuller" href="http://www.publicintegrity.org/authors/andrea-fuller">Andrea Fuller</a>; John Dunbar contributed.</font></p>
<div><em style="line-height: 1.5;"><font size="4" face="Times New Roman">Copyright 2013 The Center for Public Integrity</font></em></div>