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The Adequacy of the Presidential Succession System in the 21st Century: Filling the Gaps and Clarifying the Ambiguities in Constitutional and Extraconstitutional Arrangements

Dates:        Friday, April 16, 9:30am–5:00pm | Saturday, April 17, 9:30am–1:00 pm
Location:   McNally Amphitheatre, Fordham Law School, 140 West 62nd Street, NYC

The Fordham Law Review is bringing together a remarkable group of scholars and practitioners to assess our system of presidential succession.   This symposium will elucidate gaps and ambiguities in the Twenty-Fifth Amendment and our current system of succession, situating these issues in a broader context through analysis of constitutional interpretation, the Electoral College, presidential administration, and transparency in government.

The symposium will be divided into three panel discussions:  Interpreting Ambiguities in Current Constitutional Arrangements; Gaps in the Electoral, Transition & Confirmation Processes; and Adequacy of Current Succession Law in Light of the Constitution and Policy Considerations.  Each panel will be followed by open, moderated discussions among the authors and invited commentators. 

Birch Bayh, former Senator of Indiana and father of the Twenty-Fifth Amendment, and Professor Joel Goldstein of St. Louis University of Law join Dean John Feerick and the Fordham Law Review in hosting this event.

This symposium collection will be published in the December 2010 issue of the Fordham Law Review.

This event is free and open to the public.
Register for this event.


FRIDAY, APRIL 16, 2010

9:30 – 10:00     Registration & Continental Breakfast
10:00 – 10:45    Introductory Remarks,
William Treanor, Dean and Paul Fuller Professor of Law, Fordham Law School
John Feerick, Director, Feerick Center for Social Justice; Norris Professor of Law and Former Dean, Fordham University School of Law
                          A Framer’s Perspective,
Hon. Birch Bayh, Former United States Senator of Indiana and Author of the Twenty-Fifth Amendment to the United States Constitution
10:45 – 12:30   Panel & Response:  Interpreting Ambiguities in Current Constitutional Arrangements
Robert E. Gilbert, Northeastern University 
Rose McDermott, Brown University
Akhil Amar, Yale Law School
Hon. Birch Bayh
Moderator:  Bill Baker, Columbia University School of Business; Fordham University; Former Chief Executive Officer, Educational Broadcasting Company
12:30 – 2:00       Lunch
2:00 – 2:45         Keynote Speaker,
Fred F. Fielding, Partner, Morgan, Lewis & Bockius LLP; Counsel to Presidents Ronald Reagan and George W. Bush
2:45 – 4:30          Panel & Response:  Adequacy of Current Succession Law in Light of the Constitution and Policy Considerations
Joel K. Goldstein, St. Louis University School of Law
John Feerick
James Fleming, Boston University School of Law
Hon. Birch Bayh
Moderator:  Robert Kaczorowski, Fordham Law
4:30 – 4:45         Day 1 Closing Remarks
4:45 – 5:15         Day 1 Closing Reception


9:30 – 10:00        Breakfast
10:00 – 11:45      Panel & Response:  Gaps in Electoral, Transition & Confirmation Processes
Benton Becker, Counsel to Gerald R. Ford during the Twenty
Fifth Amendment Vice Presidential Confirmation Hearings
Dr. John Fortier, American Enterprise Institute;
Executive Director, Continuity of Government Commission
Ned Foley, Moritz College of Law, Ohio State University
Dr. Norman Ornstein, American Enterprise Institute; Continuity of Government Commission
Hon. Birch Bayh
William Treanor
11:45 – 12:30     Closing Remarks
12:30 – 1:00       Day 2 Closing Refreshments