2025 Kiroff Bench Bar Conference:
Untangling the Three Branches: Courts, Congress & Executive Power
Fri, October 24, 2025
12:00 PM - 4:00 PM ET
3.5 General Credit Hours
Registration | 11:15 AM – 12 PM
Welcome | 11:55 – 12 PM
Craig M. Witherell, Dixon, Hayes, Witherell & Ward, Ltd.
President, Toledo Bar Association
Overview | 12:00 – 12:05 pm
Steven P. Collier, Collier Mediation, LLC
Co-Chair, Toledo Bar Association Kiroff Bench-Bar Committee
Cubbon & Associates Legal Writing Competition Announcement | 12:05 – 12:15 pm
Benjamin Syroka, United States District Court, Northern District of Ohio
Co-Chair, Toledo Bar Association Kiroff Bench-Bar Committee
PANELISTS:

Austin D. Sarat,
William Nelson Cromwell Professor of Jurisprudence and Political Science, and Chair of the Department of Law, Jurisprudence, and Social Thought
Amherst College
Can We Save Constitutional Democracy Democratically?
The United States is at a crossroads in its political history. Long thought of as the paradigmatic example of a stable, multiracial, multiethnic, constitutional democracy, today Americans are coming to terms with the fact that this country's history is more complex than that imagining would suggest. Prof. Sarat will explore if and how the survival of our democratic institutions can no longer be taken for granted.

Cassandra Burke Robertson, JD, MA, MPA
John Deaver Drinko - BakerHostetler Professor of Law, School of Law Director, Center for Professional Ethics, School of Law
Case Western Reserve University
After Trump v. CASA: Nationwide Injunctions, Judicial Authority, and the New Landscape of Federal Relief
The Supreme Court's June 2025 decision in Trump v. CASA, Inc. has fundamentally altered the landscape for nationwide preliminary injunctions against federal government action. This presentation will examine the Court's holding that federal courts lack statutory authority under the Judiciary Act of 1789 to issue universal injunctions beyond what is necessary to provide "complete relief" to parties before the court.
This session will provide judges and attorneys with practical guidance on navigating the post-CASA environment while examining broader questions about the proper role of federal courts in checking executive power during periods of political polarization and institutional tensions between the branches of government.

Benjamin M. Flowers, Partner
Ashbrooke, Byrne, Kresge, Flowers, LLC
Departmentalism in the Age of Trump
The theory of "departmentalism" posits that all three branches of the government have an equal right and responsibility to interpret the Constitution -- the courts have no special prerogative to do so. To be sure, the other branches are bound by courts' judgments, even flawed judgments. But they are not bound to adhere to flawed interpretations of the law.
Ben will argue in favor of departmentalism. And he will further posit that courts, by failing to observe their limited role in our constitutional system, have too often undermined the rule of law during the second Trump administration.

Hon. Jeremy Fogel, Executive Director,
Berkeley Judicial Institute
Institutional and Personal Challenges for Judges in Our Current Environment
The deep social and political divisions in our country have presented both the judiciary and individual judges with unprecedented sources of stress. Institutionally, these include fundamental disagreement among the branches of government as to the proper role of the courts and the deference to be accorded to court orders and directives. Individually, they include personal disparagement of judges on social media and threats and harassment directed at judges and their families. This session will explore the impact of these challenges and the role the Bar can play in helping to address them.
This annual conference began in 1992 as a way to promote dialogue between the bench and bar and was named in honor of the late Judge George N. Kiroff.
Judge Kiroff was admitted to the Ohio bar in 1949. He spent his entire career in Lucas County – beginning as an Assistant Lucas County Prosecutor. He served for approximately 8 years as Judge in the Toledo Municipal Court then moved to the Lucas County Common Pleas Court in 1965, where he served until his untimely death at age 54 in 1980.
2444 Monroe St.
Toledo, OH
All registration fees must be paid in full prior to the start of the seminar. Cancellations received prior to the seminar will be refunded less a $30 administration fee. No refunds or transfers given for cancellations received on or after the day of the program. Upon request, course materials are available in consideration of tuition paid. The TBA reserves the right to modify or cancel a program if circumstances warrant. If the TBA cancels a program, full tuition will be refunded.








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