the shared burden of overcriminalization

THE SHARED BURDEN OF OVERCRIMINALIZATION

INSTITUTE FOR HUMANE STUDIES AND THE TEXAS PUBLIC POLIC Y FOUNDATION

July 7TH - 8TH • TPPF HQ and The OMNI Austin Hotel • Austin, TX

Welcome to the Policy Research Seminar discussing the Shared Burden of Overcriminalization, co-sponsored by the Institute for Humane Studies (IHS) and the Texas Public Policy Foundation. You have been invited to this event because we hold your work in high esteem for

both its scholarly contributions and for its practical applications to our understanding

of a free society. As such, we encourage you to join in what promises to be an active

and lively conversation, and to draw from your own research and experiences in doing

so.

One of the primary goals for this program is to help facilitate scholarly collaboration

among the approximately 40 faculty, graduate students, policy experts, and IHS &

TPPF staff in attendance. I hope you see this as a valuable opportunity to get to know

dozens of like-minded scholars with similar research interests. We are hosting several

world-class speakers who can share their experience and advice on how to flourish,

as they have, in the trenches of academia, and an often-hostile policy world. We have

found that some of the best conversations from our seminars occur spontaneously in

the hallways and during receptions, so please be present for all meals and receptions.

Thank you again for joining us. We look forward to meeting each of you individually

over the course of the seminar. We hope you benefit as much from this seminar as we

benefit from having you in attendance. Please don’t hesitate to let us know if we may

do anything to improve your experience.

Sincerely,

Ryan Zinski

Seminar Director

Institute for Humane Studies

About IHS

Founded in 1961 by Dr. F.A. “Baldy” Harper, the Institute for Humane Studies is a non-profit educational organization that engages with students and professors around the country to encourage the study and advancement of freedom. We support this audience in advancing the principles and practice of freedom in their careers and connect them to a community of individuals committed to the power of freedom and of ideas. Specifically, we facilitate the impact of professors both on and beyond their campuses – partnering with faculty to run campus programs and connecting scholars to opportunities to further their careers both in and out of the academy.

About TPPF

The Texas Public Policy Foundation is a 501(c)3 non-profit, non-partisan research institute. The Foundation’s mission is to promote and defend liberty, personal responsibility, and free enterprise in Texas and the nation by educating and affecting policymakers and the Texas public policy debate with academically sound research and outreach. Funded by thousands of individuals, foundations, and corporations, the Foundation does not accept government funds or contributions to influence the outcomes of its research. The public is demanding a different direction for their government, and the Texas Public Policy Foundation is providing the ideas that enable policymakers to chart that new course.

About Right on Crime

Right on crime is a national campaign to promote successful, conservative solutions on American

criminal justice policy—reforming the system to ensure public safety, shrink government, and save

taxpayers money by sharing research and policy ideas and mobilizing strong conservative voices,

we work to raise awareness of the growing support for effective reforms within the conservative

movement. We are transforming the debate on criminal justice in America.

The Shared Burden of OvercriminalizationINSTITUTE FOR HUMANE STUDIES AND THE TEXAS PUBLIC POLIC Y FOUNDATION

July 7TH - 8TH | Austin, TX

PROGRAM SCHEDULEJuly 7 TH - 8 TH, 2017

Registration

Dinner

Welcome and Introduction Ryan Zinski, Institute for Humane Studies

Opening Remarks Marc Levin, Texas Public Policy Foundation

Reception

6:00 - 6:30 PMHernstein Lobby

6:30 - 7:15 PM Red McCombs Event Center

7:15 - 7:30 PMRed McCombs Event Center


8:30 - 11:00 PMThe Cellar at the Omni

Friday, July 7th

Breakfast

Seminar Introduction Derek Cohen, Texas Public Policy Foundation

The Scope of Criminal Law Marc Levin, Texas Public Policy FoundationGreg Glod, Texas Public Policy Foundation Andrea Keilen, Texas Criminal Defense Lawyers Association

Coffee break

8:00 - 9:00 AMRed McCombs Event Center

Saturday, July 8th

9:00 - 9:15 AMJoe B. Hogsett Theater

9:15 - 10:30 AMJoe B. Hogsett Theater


10:30 - 10:45 AMHernstein Lobby

PROGRAM SCHEDULEJuly 7 TH - 8 TH, 2017


Saturday, July 8th

Overcriminalization, or Overfederalization? John Malcolm, Heritage Foundation

Lunch

The Political Consensus on Overcriminalization Moderated by: Josiah Neeley, R Street InstituteDerek Cohen, Texas Public Policy FoundationWilliam R. Kelly, University of Texas at Austin

Coffee Break

The Overcriminalization of Economic Activity Moderated by: Haley Holick, Texas Public Policy FoundationRob Henneke, Texas Public Policy FoundationAnya Bidwell, Institute for Justice

Coffee Break

Research Discussion Derek Cohen, Texas Public Policy Foundation

Afternoon Break

Dinner

Opportunities at the Institute for Human Studies Ryan Zinski, Institute for Humane Studies

Reception

CONTINUED

2:00 - 3:00 PM Joe B. Hogsett Theater


3:15 - 4:00 PMJoe B. Hogsett Theater

4:00 - 7:00 PM

7:00 - 7:45 PMOmni: Austin South Room

7:45 - 8:00 PM

8:00 - 10:00 PMOmni: Austin North Room

10:45 - 11:45 AMRed McCombs Event Center


12:45 - 1:45 PMJoe B. Hogsett Theater

Speaker Bios

GREG GLODGreg Glod is the Manager of State Initiatives for Right on Crime and

Senior Policy Analyst at Texas Public Policy Foundation. Based in Austin,

Texas, Glod is an attorney who began his legal career as a law clerk for

the Honorable Judge Laura S. Kiessling on the Circuit Court for Anne

Arundel County, Maryland. He subsequently practiced at a litigation firm

in Annapolis, Maryland before joining Right on Crime and the Texas Public

Policy Foundation.

In 2010, he graduated from The Pennsylvania State University with B.A.

degrees in Crime, Law, and Justice and Political Science. In 2013, Glod

received his J.D. from the University of Maryland School of Law.

DEREK COHENDr. Derek Cohen is the deputy director in the Center for Effective Justice

at the Texas Public Policy Foundation and the Right on Crime campaign.

Dr. Cohen graduated with a B.S. in criminal justice from Bowling Green

State University, and earned his M.S. and Ph.D. in criminal justice from the

University of Cincinnati. His academic work can be found in Criminology

and Public Policy, the Oxford Handbook on Police and Policing, the

Encyclopedia of Theoretical Criminology, and he has scholarly articles

currently under review. He has presented several papers to the American

Society of Criminology, the Academy of Criminal Justice Sciences, and the

American Evaluation Association on the implementation and outcomes

of various criminal justice policy issues.

Prior to joining the Foundation, Dr. Cohen was a research associate with

University of Cincinnati’s Institute of Crime Science. He also taught classes

in statistics, research methods, criminal procedure, and corrections.


ROBERT HENNEKEThe Honorable Robert Henneke is the General Counsel and Director of

the Center for the American Future at the Texas Public Policy Foundation.

Before joining the Foundation, Robert served as the twice-elected Kerr

County Attorney where he fought to protect the community through

tough prosecution and brought conservative values to county government.

Robert began his legal career serving as an Assistant Attorney General in the

General Litigation division under the leadership of Texas Attorney General

Greg Abbott. He is a member of the State Bar of Texas and is admitted to

practice before the Supreme Court of the United States, the Fifth Circuit

Court of Appeals, as well as the Federal District Courts in the Eastern,

Western, Northern and Southern Districts of Texas.

Robert received his law degree from the University of Texas School of Law

where he founded the Texas Law Republicans. He earned his undergraduate

degree in English Literature from Georgetown University. Robert graduated

from Tivy High School in Kerrville, Texas. He lives in Austin with his wife

Lesley and their two sons. Robert is an Eagle Scout. You can follow him on

Twitter @robhenneke

HALEY HOLIKHaley Holik holds a B.A. in Communications from Moody Bible Institute and

earned her J.D. from Regent University School of Law. While a student, she

hosted an on-campus radio show dedicated to politics and world events.

She served as a clerk for the American Center for Law and Justice during law

school, as well as a legislative intern for Rep. Randy Forbes. Holik participated

in the Civil Practice Clinic at Regent as a student-practitioner, advocating on

behalf of clients in need of civil legal services. As a staff member of Regent

University Law Review, her note concerning compelled speech and First

Amendment violations was chosen for publication.

Holik is an attorney on staff with the Texas Public Policy Foundation, based

in Austin, Texas. As a native Texan, she is very grateful to be back in the Lone

Star State.

Speaker Bios CONTINUED


ANDREA KEILENGeneral Counsel Andrea Keilen has been in criminal defense practice for

23 years. She started as a public defender in Denver, Colorado, in 1993.

Following that, she was a public defender in Phoenix, Arizona, handling only

serious felonies, including capital murder cases. She came to Austin, Texas,

in 2000 and worked at Texas Defender Service as a staff attorney, the deputy

director, and she became the Executive Director in 2006. Most recently, she

was an attorney with the Regional Public Defender Office for Capital Cases.

She has extensive experience in organizational management and policy

reform efforts. She was a lobbyist for the Texas Defender Service from 2001

to 2011 and has worked with numerous agencies, commissions, state and

county officials, and stakeholder organizations to improve the criminal

justice system and protect the individual rights of those we represent.


WILLIAM KELLYWilliam R. Kelly is a Professor of Sociology and Director of the Center

for Criminology and Criminal Justice Research at the University of Texas

at Austin. He has taught and conducted research in criminology and

criminal justice for over twenty-five years and has published extensively

on a variety of justice matters. Dr. Kelly has considerable experience

developing, implementing and evaluating a wide variety of criminal

justice programs and policies.

Kelly’s consulting work spans local, state and federal governments and has

given him the opportunity to collaborate with a large number of justice

agencies including law enforcement, probation departments, prisons

and jails, state and federal prosecutors, judges, the defense bar, the court

system, problem solving courts, parole agencies, and a variety of criminal

justice service providers. He has provided expert advice and counsel on

big picture justice policy issues as well as the design, implementation,

operation and evaluation of very specific justice programs and initiatives.

He has written three books on reforming the American criminal justice

system. Criminal Justice at the Crossroads: Transforming Crime and

Punishment was published by Columbia University Press in May of

2015. The Future of Crime and Punishment: Smart Policies for Reducing

Crime and Saving Money was published by Rowman and Littlefield in

July of 2016. From Retribution to Public Safety: Disruptive Innovation of

American Criminal Justice was published by Rowman and Littlefield in

June of 2017. A forth book on plea negotiation and criminal justice reform

is under contract and will be available summer of 2018.

MARC LEVINMarc A. Levin is director of the Center for Effective Justice & Right on

Crime at the Texas Public Policy Foundation. Levin is an attorney and an

accomplished author on legal and public policy issues. Levin has served as

a law clerk to Judge Will Garwood on the U.S. Court of Appeals for the Fifth

Circuit and Staff Attorney at the Texas Supreme Court. In 1999, he graduated

with honors from the University of Texas with a B.A. in Plan II Honors and

Government. In 2002, Levin received his J.D. with honors from the University

of Texas School of Law.

Levin’s articles on law and public policy have been featured in publications

such as the Wall Street Journal, USA Today, Texas Review of Law & Politics,

National Law Journal, New York Daily News, Jerusalem Post, Toronto Star,

Atlanta Journal-Constitution, Philadelphia Inquirer, San Francisco Chronicle,

Washington Times, Los Angeles Daily Journal, Charlotte Observer, Dallas

Morning News, Houston Chronicle, Austin American-Statesman, San Antonio

Express-News and Reason Magazine.

Marc was a Charles G. Koch Summer Fellow in 1996. As part of that program,

he interned at Reason Magazine and had two articles published, one on

juvenile justice and one on airport privatization. Levin was number 25 of

Politico’s 50 in 2014.



JOHN MALCOLMJohn G. Malcolm is the Director and Ed Gilbertson and Sherry Lindberg

Gilbertson Senior Legal Fellow in The Heritage Foundation’s Edwin Meese

III Center for Legal and Judicial Studies, where he writes and speaks on a

variety of law-related topics.

An honors graduate from Columbia College and Harvard Law School,

Malcolm clerked for federal judges in the Northern District of Georgia and

on the Eleventh Circuit Court of Appeals. For ten years, Malcolm worked

at the Department of Justice, from 1990 to 1997, as an Assistant United

States Attorney in Atlanta, Georgia and as an Associate Independent

Counsel in Washington, D.C., where he investigated fraud and abuse at

the Department of Housing and Urban Development, and from 2001 to

2004, as a Deputy Assistant Attorney General in the Criminal Division.

Malcolm received numerous awards for his service at DOJ, including the

Director’s Award for Superior Performance by an Assistant United States

Attorney.

Between 1997 and August 2001, Malcolm was a partner at the firm of

Malcolm & Schroeder, LLP, and from 2004 through 2009, Malcolm served

as an Executive Vice President and Director of Worldwide Anti-Piracy

Operations for the Motion Picture Association of America. Malcolm

then served on the faculty of Pepperdine Law School as a Distinguished

Practitioner in Residence. From 2010 to 2012, Malcolm was the General

Counsel at the U.S. Commission on International Religious Freedom.

JOSIAH NEELEYJosiah Neeley is senior fellow, energy policy director and Southwest

region director for the R Street Institute. He leads the institute’s energy

program, which works to advance a well-defined and limited role for

government in shaping decisions about infrastructure, wholesale and

retail electricity, research and development, fuel choice and diversity,

and climate adaptation and mitigation. He also leads the institute’s work

on legislation and issues affecting Arkansas, Louisiana, New Mexico,

Oklahoma and Texas.

Josiah has a bachelor’s in government and philosophy from the University

of Texas and a law degree from Notre Dame Law School.

ANYA BIDWELLAnya Bidwell is an attorney at the Institute for Justice. She operates out

of the Institute’s Texas office and litigates cases to protect and promote

economic, speech, and property rights. Before joining IJ, Anya was a

litigation attorney with a top national law firm, handling cases in trial

and appellate courts. She earned her J.D. with honors from the University

of Texas, where she worked as a student attorney at the United States

Supreme Court Clinic. Two years prior to entering law school, Anya received

a Master’s degree in Global Policy Studies, also from the University of

Texas, and wrote a thesis on asymmetric warfare.

Anya grew up in the Former Soviet Union. Her upbringing motivated her

to study law and become an advocate for a strong, independent judiciary.

Anya is an op-ed contributor to the Texas Tribune.


JUSTIN DAVISJustin Davis serves as the Faculty Programs Project Manager at IHS, where he

hopes to facilitate the advancement of classical liberal ideas by connecting

the worlds of academia and policy. He completed his M.A. in Economics at

George Mason University in 2016 and previously attained his B.S. in Business

Administration from The Citadel in Charleston, South Carolina. His research

interests include monetary institutions, entrepreneurship, and institutional

development.

Justin also served in the United States Army’s Corps of Engineers for three

years as the squad leader of a bridge erection team. His army tenure stationed

him in Fort Knox, Kentucky and included a deployment to Afghanistan with

the 502nd Engineer Company, where he was a part of the first multi-role

bridge company in the country. Justin currently lives in Capitol Hill with his

wife Sarah, an interior and graphic designer, and their dog Max.

CHRIS SNAPPChris Snapp serves as a External Relations Specialist at the Institute for Humane Studies and is originally from Minnesota. He first became involved with the organization when he interned at IHS during the summer of 2014. He is a recent graduate of the University of Minnesota, where he earned a BA in political science and a BS in urban studies. He is planning to pursue a graduate degree in public policy.

When he is not working with the great minds within the liberty movement,

he enjoys watching and playing soccer, exploring the craft beer scene and

traveling.

Staff Bios

RYAN ZINSKIRyan Zinski joined the Institute for Humane Studies in June, 2011, as a

Conference Management Assistant. Prior to this development, he had

been interning at IHS with the Conference Management team throughout

the spring.

Before joining IHS, Ryan interned for his Congressman in the 24th

Congressional District of New York State, and then worked as a Grant

Writer for a non-profit organization. Despite working with an amazing

and passionate staff in the Congressional Office, he learned first-hand

how difficult it is for federal agencies to address the needs of the public.

Fortunately, Ryan was able to contribute to the community further as a

Grant Writer, and helped secure private funding for programs that help

people with disabilities secure and retain meaningful employment.

Ryan earned his BA from Colgate University in 2009 with concentrations

in history and biology. His core academic interests include history, politics,

political philosophy, and economics. Ryan also enjoys cooking, tinkering

with electronics, exercising, being outdoors, and empowering people to

live fulfilling and rich lives.


Speaker & Staff Contact Information

Derek CohenDeputy Director, Center for Effective JusticeTexas Public Policy [email protected]

William KellyProfessor of SociologyUniversity of Texas, [email protected]

Greg GlodManager of State Initiatives for Right on Crime & Senior Policy AnalystTexas Public Policy [email protected]

Marc LevinDirector, Center for Effective Justice & Right on CrimeTexas Public Policy [email protected]

Robert HennekeDirector, Center for the American Future& General CounselTexas Public Policy [email protected]

John MalcolmDirector, Edwin Meese III Center for Legal and Judicial StudiesHeritage [email protected]

Haley HolikPolicy AnalystTexas Public Policy [email protected]

Josiah NeeleySenior fellow and Texas DirectorR Street [email protected]

Andrea KeilenGeneral Counsel Texas Criminal Defense Lawyers [email protected]

Anya BidwellAttorney, Texas OfficeInstitute for [email protected]

Justin DavisFaculty Programs Project ManagerInstitute for Humane [email protected]

Ryan ZinskiManager, Events Strategy & ManagementInstitute for Humane [email protected]

Chris SnappExternal Relations SpecialistInstitute for Humane [email protected]

Hotel Floorplan

Omni Austin Hotel Downtown700 SAN JACINTO AT 8TH STREET AUSTIN, TEXAS 78701

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Austin Downtown Ballroom Level


If you are interested in becoming a partner organization, or would like to make

a general inquiry about the Institute for Humane Studies’ Policy Research

Seminars, contact Justin Davis at [email protected].

JOIN US AT AN UPCOMING POLICY RESEARCH SEMINAR

UNDERSTANDING AMERICAN LIBERTY AND AMERICAN INTERESTS IN THE 21ST CENTURY

August 30 th in S an Francisco, C A

Please visit theihs.org or email [email protected] for more information on future IHS policy research seminars, and look for us at the upcoming annual meetings of the State

Policy Network and Southern Economic Association.”

the shared burden of overcriminalization

Documents