Carmack Waterhouse Professor of Constitutional Law, Georgetown Law
After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is co-author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law. His most recent books are Silence and Freedom (Stanford 2007), Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review (Yale 2001) and Equal Protection of the Laws (Foundation 2002).
Counsel, The Judicial Confirmation Network
Wendy Long is legal counsel to the Judicial Confirmation Network. Until March 2005, she was a litigation partner in the New York office of Kirkland & Ellis LLP. Wendy was a law clerk to U.S. Supreme Court Justice Clarence Thomas and to Judge Ralph Winter of the U.S. Court of Appeals for the Second Circuit in New York. She is a graduate of Northwestern University School of Law, cum laude and Order of the Coif, where she was articles editor of the Northwestern University Law Review, and of Dartmouth College. She previously served as a press secretary in the U.S. Senate, for former U.S. Senator Bill Armstrong (R-Colo.) and former U.S. Senator Gordon Humphrey (R-N.H.).
Partner, Goldstein & Russell PC
Thomas C. Goldstein has argued 28 cases before the Supreme Court, including matters involving federal patent law, class action practice, labor and employment, and disability law. In addition to practicing law, Tom teaches Supreme Court Litigation at Harvard Law School and taught at Stanford Law School as well from 2004-2012.
In the Supreme Court and elsewhere, Mr. Goldstein litigates and advises clients in a broad range of issues. For example, he regularly litigates and lectures on questions of federal patent law. Mr. Goldstein frequently advises clients, litigates, and consults on legislative matters relating to the First Amendment. And he regularly represents parties in questions relating to the game of poker, including its lawfulness as a matter of federal and state law. Tom's clients include plaintiffs, criminal defendants, and major corporations such as BG Group, Home Depot, Humana, IMS Health, Nike, PokerStars, POM Wonderful, and Pemex.
In addition to practicing law, Tom founded, and is the publisher of, SCOTUSblog, which in 2013 became the only weblog ever to receive the Peabody Award for excellence in electronic media. It also won the 2013 Society of Professional Journalists (Sigma Delta Chi) prize for deadline reporting for its coverage of the Supreme Court’s healthcare ruling. In 2010, it became the first blog to receive the American Bar Association’s Silver Gavel Award for fostering the American public’s understanding of law and the legal system.
Tom has been repeatedly recognized as a leading member of the bar. In 2010, The National Law Journal named him one of the 40 most influential lawyers of the decade; Tom notably was ten years younger than any other law firm partner listed. Legal Times named him one of the “90 Greatest Washington Lawyers of the Last 30 Years” and praised him for “transforming the practice” of law before the Supreme Court. He is also included in both of the National Law Journal’s most recent lists of the nation’s 100 most influential lawyers (2006 and 2013). He has been repeatedly recognized as one of the nation’s top appellate advocates. GQ Magazine named him one of the 50 most powerful people in Washington, D.C.
Tom is an elected Fellow of the American Academy of Appellate Lawyers, and a member of the American Law Institute. He is involved with a number of professional organizations. He serves as the vice chair of the Amicus Committee of the ABA’s Intellectual Property Section and previously served for two years on the ABA’s Standing Committee on Amicus Curiae Briefs. In those capacities, he has authored several Supreme Court amicus briefs for the ABA. In addition, Tom serves on the boards of advisors of the Washington Legal Foundation and the Georgetown University Supreme Court Institute.
Before founding Goldstein & Howe in 1999, Tom practiced law at Boies & Schiller, LLP and at Jones Day Reavis & Pogue. Tom left the firm he founded in 2006 to create the Supreme Court Practice at Akin, Gump, Strauss, Hauer & Feld, where he also was a partner and principal co-chair of the firmwide litigation practice. He returned to what is now Goldstein & Russell in 2011.
Tom clerked for the Honorable Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit.
Associate Professor of Law, University of Colorado Law School
Scott Moss joined CU Law School in 2007 after six years as an attorney in New York City and three years as a professor at Marquette Law School, where he was the 2007 recipient of the James D. Ghiardi Faculty Award for Outstanding Teaching, Student Body Support, and Scholarship. In New York, Professor Moss was a law clerk to U.S. District Judge Constance Baker Motley and then a plaintiff's employment lawyer at Outten & Golden LLP, the largest plaintiff-side employment law practice in the country, where he litigated individual and class action cases of discrimination, harassment, and minimum/overtime wage violations. He also has argued and briefed appeals of employment cases and has undertaken pro bono projects such as First Amendment right-to-protest litigation with the New York Civil Liberties Union, low-income worker clinics in lower Manhattan, and court-sponsored mediations for pro se litigants. Professor Moss received his J.D. (magna cum laude) in 1998 from Harvard Law School, where he was a Senior Editor of the Harvard Civil Rights-Civil Liberties Law Review; his B.A. (Economics) and M.A. (Media Studies) are from Stanford University. Professor Moss's research interests have included employment law, discrimination, constitutional law, various civil procedure rules, and economic analysis of all of the preceding topics.
B.A., Stanford
M.A., Stanford
J.D., Harvard
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Paula Stannard is a former deputy general counsel and acting general counsel of the U.S. Department of Health and Human Services (HHS), where she oversaw the Food and Drug, Civil Rights and Legislation divisions of the 450-attorney HHS Office of the General Counsel and provided legal advice and counsel to senior HHS officials, including the Secretary of the department, on the issues arising in their respective areas.
At Alston & Bird, Paula advises clients on regulatory questions that arise out of the on-going health care reform effort and focuses her practice on HIPAA and health information technology (including certified EHR and meaningful use issues), food and drug and other regulatory issues in the health care sector. Her HHS experience provides clients substantive knowledge of, and experience in, FDA, HIPAA, e-health and health IT, federal health insurance regulation, patient safety, and public health preparedness and emergency response issues.
Paula received her J.D. from Stanford Law School in 1990, where she was an executive editor of the Stanford Law Review, and her B.A., magna cum laude, in political science and Latin from Amherst College, where she was elected to Phi Beta Kappa. She clerked for the Honorable J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit.
Stanford University
(J.D., 1990)
Amherst College
(B.A., 1987)
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
President and Founder, International Center for Law & Economics
Geoffrey A. Manne is the president and founder of the International Center for Law and Economics (ICLE), a nonprofit, nonpartisan research center based in Portland, Oregon. He is also a distinguished fellow at Northwestern Law School’s Searle Center on Law, Regulation, & Economic Growth. In April 2017 he was appointed by FCC Chairman Ajit Pai to the FCC’s Broadband Deployment Advisory Committee, and he recently served for two years on the FCC’s Consumer Advisory Committee.
Mr. Manne earned his JD and AB degrees from the University of Chicago and is an expert in the economic analysis of law, specializing in competition, telecommunications, consumer protection, intellectual property, and technology policy.
Prior to founding ICLE, Manne was a law professor at Lewis & Clark Law School. From 2006-2009, he took a leave from teaching to develop Microsoft’s law and economics academic outreach program. Manne has also served as a lecturer in law at the University of Chicago Law School and the University of Virginia School of Law. He practiced antitrust law and appellate litigation at Latham & Watkins, clerked for Hon. Morris S. Arnold on the 8th Circuit Court of Appeals, and worked as a research assistant for Judge Richard Posner. He was also once (very briefly) employed by the FTC.
Mr. Manne’s publications have appeared in numerous journals including the Journal of Competition Law and Economics, the Harvard Journal of Law and Technology, the Supreme Court Economic Review, and the Arizona Law Review, among others. With former FTC Commissioner, Joshua Wright, Manne is the editor of a volume from Cambridge University Press entitled, Competition Policy and Intellectual Property Law Under Uncertainty: Regulating Innovation. Manne has also testified on several occasions before Congress and at the FCC and FTC, and he regularly files written comments and amicus briefs on key antitrust, IP, and telecommunications issues. His analysis is frequently published in popular print and broadcasting outlets such as the Wall Street Journal, Wired, Foreign Affairs, NPR, and Bloomberg, among others.
Manne is a member of the American Law and Economics Association, the Canadian Law and Economics Association, and the Society for Institutional & Organizational Economics. He blogs at Truth on the Market (www.truthonthemarket.com) (of which he is also the co-founder), is a contributor at WIRED, and tweets at @geoffmanne. His scholarly publications are available at http://ssrn.com/author=175541.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
The Sotomayor Nomination, Part I
Louis Michael Seidman, Wendy Long, Thomas C. Goldstein, Scott Moss, David R. Stras, Edward Whelan
Online Debate
On May 26, President Obama nominated Sonia Sotomayor to replace David Souter as an Associate...
The Obama Administration’s Budget Proposal for Health and Human Services
Paula M. Stannard
New Federal Initiatives Project
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Proposals for Changing Judicial Selection in Wisconsin
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ABA-NCSC Summit Addresses Challenges to Fairness, Impartiality of State Courts
Joshua Daniel Davey
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“Now” Is the Time: U.S. Supreme Court Rules on Rhode Island Indian Land Case
David Strachman
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Delaware Chancery Court Addresses E-Discovery
Shauna Peterson
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California: Unfair Competition Law
Jeremy B. Rosen
The consumer protection statutory scheme known as the Unfair Competition Law (UCL) has been in...
Criminal Confessions and Police Tactics: TN Supreme Court Tosses Murder Conviction under Miranda
Aaron Chastain
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Missouri Supreme Court Upholds State’s Worker’s Compensation Scheme
Jennifer Wolsing
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Antitrust Pricing War: Congress v. the Court
Geoffrey A. Manne, Joshua D. Wright
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Brought to you by the Corporations, Securities & Antitrust Practice GroupIn Leegin Creative Leather Products, Inc....