Derek Muller participates in Western Chapters Federalist Society Conference

February 9, 2017 | By Kylie Larkin — Professor Derek Muller participated on a panel on “Forty Years Later: The Brennan Article and State Constitutions” at the 2017 Annual Western Chapters Federalist Society Conference. The conference was held on January 28 at the Ronald Reagan Presidential Library in Simi Valley, California.

Via the conference brochure:

“Forty Years Later: The Brennan Article and State Constitutions”

 In 1977, the publication of Justice William Brennan’s article, “State Constitutions and the Protection of Individual Rights,” provoked many litigators to look to the state courts to enhance individual liberties beyond the scope of the federal constitution. Panelists will discuss the legacy of Justice Brennan’s call for state constitutions to serve as a bulwark for individual liberties. How have state courts responded? Panelists will also discuss if the advancement of federalism has been an unintended consequence of this call to action. They will also discuss what this trend toward greater state judicial engagement means for the separation of powers and legislative action.

Dean James A. Gardner, Interim Dean, SUNY-Buffalo School of Law
Prof. Kenneth Miller, Claremont McKenna College
Prof. Derek Muller, Pepperdine University School of Law
Hon. Jay Bybee, U.S. Court of Appeals, 9th Circuit (Moderator)

The complete brochure may be found at