Professor of Constitutional Law, Pepperdine University School of Law
One of America's best known scholars and popular commentators on the law, Professor Douglas W. Kmiec holds the endowed chair in constitutional law at Pepperdine Law School. He came to this position after serving several years as dean and St. Thomas More Professor of Law at The Catholic University of America in Washington, D.C., and for nearly two decades, on the law faculty at the University of Notre Dame. As dean at Catholic University, Professor Kmiec did what many said would be impossible; he greatly increased academic quality and student selectivity at the same time he deepened the school's religious commitment. During his tenure, the law school moved into the upper tier of the U.S. News ranking from tier three. At Notre Dame, he was director of Notre Dame's Center on Law & Government, and the founder of its Journal of Law, Ethics & Public Policy. Beyond the university setting, Kmiec served Presidents Ronald Reagan and George Bush during 1985-89 as constitutional legal counsel (Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice).
A wide-ranging writer and engaging speaker, Professor Kmiec writes a syndicated column for the Catholic News Service, and for several years wrote a regular column in the Chicago Tribune. He is also a frequent contributor to the pages of the Los Angeles Times, Wall Street Journal, and other periodicals. He is the co-author (with legal historian Stephen Presser of Northwestern) of three books on the Constitution -- The American Constitutional Order; Individual Rights and the American Constitution and The History, Structure and Philosophy of the American Constitution. Another recent book, Cease-Fire on the Family (Crisis Books/Notre Dame) attracted scholarly and popular acclaim for proposing realistic ways for families to "end the culture war" by renewing personal virtue and civic responsibility within itself. He has also written The Attorney General's Lawyer (Praeger 1992), and several respected legal treatises.
Professor Kmiec's scholarly research spans legal and non-legal subjects, from the Constitution and the federal system, to land use and the organization of America society. He is a frequent guest on national news programs, such as Nightline, the Newshour, and NPR's Talk of the Nation, analyzing constitutional questions.
A White House Fellow (1982-83), Professor Kmiec is one of a few individuals who has received the Distinguished Service Award from two cabinet departments —the Department of Justice in 1987 and Housing and Urban Development in 1983. In 1988, he was awarded the Edmund J. Randolph Award by the attorney general. He has lectured on the U.S. Constitution in Asia as a Fulbright Distinguished Scholar.
An honors graduate of Northwestern, Professor Kmiec received his law degree from the University of Southern California, where he served on the Law Review and received the Legion Lex Commencement Prize for Legal Writing. He is a member of the bar of the U.S. Supreme Court and the state bars of Illinois and California.
B.A., with honors, Northwestern University, 1973
J.D., University of Southern California, 1976
John Hampton Baumgartner, Jr. Professor of Real Property Law; Faculty Director, Georgetown Environmental Law and Policy Program; Faculty Director, Georgetown Climate Resource Center, Georgetown Law Center
Professor Byrne joined the Law Center faculty in 1985. After graduation from the University of Virginia law school, he served as a law clerk to Judge Frank Coffin and U.S. Supreme Court Justice Lewis Powell and then worked as an associate with the D.C. firm of Covington & Burling. He teaches and writes in the areas of Property, Land Use, Constitutional Law, and Higher Education Law and Policy. He served as Associate Dean for the JD Program from 1997 to 2000. He was John Carroll Research Professor in 1996-97.
Professor of Constitutional Law, Pepperdine University School of Law
One of America's best known scholars and popular commentators on the law, Professor Douglas W. Kmiec holds the endowed chair in constitutional law at Pepperdine Law School. He came to this position after serving several years as dean and St. Thomas More Professor of Law at The Catholic University of America in Washington, D.C., and for nearly two decades, on the law faculty at the University of Notre Dame. As dean at Catholic University, Professor Kmiec did what many said would be impossible; he greatly increased academic quality and student selectivity at the same time he deepened the school's religious commitment. During his tenure, the law school moved into the upper tier of the U.S. News ranking from tier three. At Notre Dame, he was director of Notre Dame's Center on Law & Government, and the founder of its Journal of Law, Ethics & Public Policy. Beyond the university setting, Kmiec served Presidents Ronald Reagan and George Bush during 1985-89 as constitutional legal counsel (Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice).
A wide-ranging writer and engaging speaker, Professor Kmiec writes a syndicated column for the Catholic News Service, and for several years wrote a regular column in the Chicago Tribune. He is also a frequent contributor to the pages of the Los Angeles Times, Wall Street Journal, and other periodicals. He is the co-author (with legal historian Stephen Presser of Northwestern) of three books on the Constitution -- The American Constitutional Order; Individual Rights and the American Constitution and The History, Structure and Philosophy of the American Constitution. Another recent book, Cease-Fire on the Family (Crisis Books/Notre Dame) attracted scholarly and popular acclaim for proposing realistic ways for families to "end the culture war" by renewing personal virtue and civic responsibility within itself. He has also written The Attorney General's Lawyer (Praeger 1992), and several respected legal treatises.
Professor Kmiec's scholarly research spans legal and non-legal subjects, from the Constitution and the federal system, to land use and the organization of America society. He is a frequent guest on national news programs, such as Nightline, the Newshour, and NPR's Talk of the Nation, analyzing constitutional questions.
A White House Fellow (1982-83), Professor Kmiec is one of a few individuals who has received the Distinguished Service Award from two cabinet departments —the Department of Justice in 1987 and Housing and Urban Development in 1983. In 1988, he was awarded the Edmund J. Randolph Award by the attorney general. He has lectured on the U.S. Constitution in Asia as a Fulbright Distinguished Scholar.
An honors graduate of Northwestern, Professor Kmiec received his law degree from the University of Southern California, where he served on the Law Review and received the Legion Lex Commencement Prize for Legal Writing. He is a member of the bar of the U.S. Supreme Court and the state bars of Illinois and California.
B.A., with honors, Northwestern University, 1973
J.D., University of Southern California, 1976
Partner, Marzulla Law
Roger J. Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned first hand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. In 1997, he co-founded Marzulla Law, where he brings to bear more than 35 years of expertise representing companies and individuals in industries as diverse as land and project development, aerospace, chemicals, oil and gas, mining, timber, manufacturing, computers, agriculture and water service.
Roger began his legal career as a trial lawyer in San Jose, California, after graduating magna cum laude from the University of Santa Clara School of Law. As a partner in Matthews & Marzulla he represented developers, title and construction companies, shopping centers, apartment owners and lenders in litigation throughout California. In 1981 he moved to Denver to become President of Mountain States Legal Foundation, litigating environmental and natural resource cases across the West.
In 1983 Roger joined the Justice Department as Special Litigation Counsel. He was subsequently promoted to Deputy Assistant Attorney General and, in 1987, was confirmed by the Senate as Assistant Attorney General in charge of the Environment and Natural Resources Division. At the Justice Department, Roger helped create litigation strategies for government programs as diverse as Superfund, the Clean Air Act, off-shore oil leasing, environmental crimes, federal facility clean-up, wetlands, endangered species and hazardous waste enforcement, as well as Presidential Order EO 12,630 (Government Interference with Private Property Rights).
In 1989 Roger returned to private law practice, successively heading the environmental law practices of the Powell, Goldstein and Akin, Gump law firms.
Since 1997, as a partner in Marzulla Law, Roger has continued to represent corporate and business clients in a wide array of environmental and property issues in courts across the country, frequently in litigation against the United States. He also assists clients in attaining compliance with environmental, health and safety regulation, and in avoiding risks in transactions.
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
President, Constitutional Accountability Center
Doug is founder and President of the Constitutional Accountability Center (CAC), a think tank, law firm and action center dedicated to fulfilling the progressive promise of our Constitution's text and history. He previously founded and directed Community Rights Counsel (CRC), CAC's predecessor organization. Doug has represented clients in state and federal appellate courts around the country and he has co-authored more than a dozen briefs filed before the U.S. Supreme Court. He is co-author of three books and lead author of numerous reports and studies. He launched and helped direct (with Earthjustice) the Judging the Environment Project, a comprehensive effort to highlight the environmental stakes in the future of the U.S. Supreme Court and appointments to the federal bench. Doug has appeared on television programs including Nightline, 20/20, Fox News Sunday, and World News Tonight, and radio broadcasts on NPR, CBS News, and Air America. His academic writings have appeared scholarly journals including the Virginia Law Review. His commentary has run in the New Republic, the American Prospect, Slate, and dozens of major papers including the Washington Post, USA Today, and the Los Angeles Times. Doug is a blogger on Huffington Post. Doug received his undergraduate and law degrees from the University of Virginia.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
The Role of the Senate in Judicial Confirmations
Elliot Mincberg, Douglas W. Kmiec
Transcript of The Role of the Senate in Judicial Confirmations debate on June 7, 2002,...
Property Rights Protection: Judicial Activism or a Return to First Principles? - Transcript
J. Peter Byrne, Douglas W. Kmiec, Roger J. Marzulla, James W. Ely, Douglas T. Kendall, Roger Pilon
The Environmental Law & Property Rights Practice Group sponsored this panel during the 2001 National Lawyers...