Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Professor of Law, Sturm College of Law, University of Denver
For nearly two decades, J. Robert Brown has taught corporate and securities law, with a particular emphasis on corporate governance.
He has authored numerous publications in the area and several of his articles have been cited by the US Supreme Court. Brown has also spent considerable time abroad, particularly in the former Soviet Union, advising governments in these areas. From 2000 - 2004, Brown served the University of Denver Sturm College of Law as an associate dean for academic affairs. He is an arbitrator for the NASD and, among other outside activities, serves as the chairman of the board of directors of the Colorado Coalition for the Homeless.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
William D. Warren Professor of Law, UCLA School of Law
Stephen Bainbridge is the William D. Warren Distinguished Professor of Law at UCLA School of Law, where he currently teaches Business Associations, Advanced Corporation Law, and Mergers and Acquisitions. In past years, he has also taught Corporate Finance, Securities Regulation, Unincorporated Business Associations and Catholic Social Thought and the Law. Professor Bainbridge previously taught at the University of Illinois Law School (1988-1996). He has also taught at Harvard Law School as the Joseph Flom Visiting Professor of Law and Business (2000-2001), and as a visiting professor at La Trobe University in Melbourne (2005 and 2007) and at Aoyama Gakuin University in Tokyo (1999).
In 2008, Bainbridge received the UCLA School of Law's Rutter Award for Excellence in Teaching. In 1990, the graduating class of the University of Illinois College of Law voted him "Professor of the Year."
Professor Bainbridge is a prolific scholar, whose work covers a variety of subjects, but with a strong emphasis on the law and economics of public corporations. He has written over 100 law review articles which have appeared in such leading journals as the Harvard Law Review, Virginia Law Review, Northwestern University Law Review, Cornell Law Review, Stanford Law Review, and Vanderbilt Law Review. Bainbridge has also written 19 books, including seven in multiple editions. His most recent books include: Outsourcing the Board: How Board Service Providers Can Improve Corporate Governance (Cambridge University Press, 2018) (with M. Todd Henderson); Business Associations: Cases and Materials on Agency, Partnerships, and Corporations (Foundation Press, 10th ed., 2018) (with Klein and Ramseyer); Mergers and Acquisitions: A Transactional Perspective (Foundation Press, 2017) (with Iman Anabtawi).
According to Gregory Sisk and Brian Leiter’s rankings of law professors by scholarly impact, Professor Bainbridge was the third most-frequently cited scholar in corporate and securities law for the period 2013-2017. According to Hein Online, Bainbridge is the 29th most frequently cited scholar in their database of legal publications over the last 10 years and the 23rd most cited for the period January 2018 through August 2019. In SSRN.com’s ranking of the top 3000 legal authors by all-time downloads, Bainbridge is ranked 10th. By that metric, he is the highest ranked member of the UCLA law school faculty. In SSRN.com’s ranking of the top 3000 legal authors by all-time citations to their work, Bainbridge is ranked 55th. By that metric, he is the second highest ranked member of the UCLA law school faculty.
Professor Bainbridge has been a Salvatori Fellow with the Heritage Foundation, a member of the American Bar Association’s Committee on Corporate Laws, a member of the Editorial Advisory Board of the Journal of Markets and Morality, and Chair of the Executive Committee of the Federalist Society’s Corporations, Securities & Antitrust Practice Group.
In May 2014, Professor Bainbridge was the Cameron Fellow at the University of Auckland Faculty of Law. He was the Francis G. Pileggi Distinguished Lecturer in Law at Widener University School of Law in September 2005, and a Distinguished Visiting Scholar at the University of Maryland School of Law in November 2005.
In 2008, 2011, and 2012, Professor Bainbridge was named by the National Association of Corporate Directors' Directorship magazine to its list of the 100 most influential people in the field of corporate governance.
His blog, ProfessorBainbridge.com, was named by the ABA Journal as one of the Top 100 Law Blogs of 2007, 2008, 2010, 2011, and 2012.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
Professor, McCombs School of Business, The University of Texas at Austin
Deputy Chief Counsel, Office of the Ohio Attorney General Marc Dann
Professor Emeritus of Law, University of Notre Dame Law School
Charles E. Rice was Professor Emeritus at the University of Notre Dame law School. His areas of specialization were constitutional law and jurisprudence. He taught “Morality and the Law” at Notre Dame.
Rice was born in 1931, received the B.A. degree from the College of the Holy Cross, the J.D., from Boston College Law School and the LL.M. and J.S.D. from New York University. He served in the United States Marine Corps and was a Lt. Col. in the Marine Corps Reserve (Ret.). He practiced law in New York City and taught at New York University Law School and Fordham Law School before joining, in 1969, the faculty of law at Notre Dame. He served for eight years as State Vice-Chairman of the New York State Conservative Party.
From 1981 to 1993, Rice was a member of the Education Appeal Board of the U.S. Department of Education. He has served as a consultant to the U.S. Commission on Civil Rights and to various Congressional committees on constitutional issues and is an editor of the American Journal of Jurisprudence.
His continuing 13-part series, The Good Code: The Natural Law is available from the Eternal Word Television Network. Among his books are Freedom of Association; The Supreme Court and Public Prayer, The Vanishing Right to Live; Authority and Rebellion; Beyond Abortion: The Theory and Practice of the Secular State; No Exception: A Pro-Life Imperative; 50 Questions on the Natural Law; and The Winning Side: Questions on Living the Culture of Life. His latest books are Where Did I Come From? Where Am I Going? How Do I Get There?, (2nd ed.) co-authored with Dr. Theresa Farnan, and What Happened to Notre Dame?, both published by St. Augustine’s Press in 2009.
He was a faculty advisor and assistant coach of the Notre Dame Boxing Club.
Rice passed away on February 25, 2015.
Distinguished University Chair and Professor of Law, University of St. Thomas School of Law
Michael Stokes Paulsen is Distinguished University Chair & Professor of Law at the University of St. Thomas, where he has taught since 2007. Professor Paulsen was previously the McKnight Presidential Professor of Law & Public Policy and Associate Dean at the University of Minnesota Law School, where he taught from 1991-2007. He is a graduate of Northwestern University, Yale Law School, and Yale Divinity School. He has served as a federal prosecutor, as Attorney-Advisor in the Office of Legal Counsel of the U.S. Department of Justice, and as counsel for the Center for Law & Religious Freedom.
Paulsen has taught as a visiting professor at Princeton University, Pepperdine University, Georgetown University, Bethel University, Uppsala University (Sweden), Daystar University (Kenya), and University of the Andes (Chile). He has been a guest lecturer at universities around the nation, including Harvard, Yale, Columbia, Princeton, Penn, NYU, Georgetown, Virginia, Stanford, Berkeley, Michigan, University of Chicago, and Northwestern.
Professor Paulsen is the author of more than ninety scholarly articles and book chapters on a wide variety of constitutional law topics, published in law journals including the Harvard Law Review, the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the Michigan Law Review, the Georgetown Law Journal, and the Northwestern University Law Review. He is the author or co-author of three books, including The Constitution: An Introduction (Basic Books, 2015) (co-authored with Luke Paulsen) and the casebook The Constitution of the United States, now in its fifth edition with Foundation Press, co-authored with Michael McConnell, Samuel Bray, and Will Baude.
United States Senator, Arizona
Former Governor, Massachusetts
Former Massachusetts Governor Mitt Romney has been widely recognized for his leadership and accomplishments as a public servant and in private enterprise.
Elected in 2002, Governor Romney presided over a dramatic reversal of state fortunes and a period of sustained economic expansion. Without raising taxes or increasing debt, Governor Romney balanced the budget every year of his administration, closing a $3 billion budget gap inherited when he took office. By eliminating waste, streamlining the government, and enacting comprehensive economic reforms to stimulate growth in Massachusetts, Romney got the economy moving again and transformed deficits into surpluses.
At the beginning of Governor Romney's term, Massachusetts was losing thousands of jobs every month. Today, the unemployment rate is lower, hundreds of companies have expanded or moved to Massachusetts and the state has added approximately 60,000 jobs in the last two years.
One of Governor Romney's top priorities was reforming the education system so that young people could compete for good paying jobs in the global economy of the future. In 2004, Governor Romney established the John and Abigail Adams Scholarship Program to reward the top 25 percent of Massachusetts high school students with a four-year, tuition-free scholarship to any Massachusetts public university or college. He has also championed a package of education reforms, including merit pay, an emphasis on math and science instruction, important new intervention programs for failing schools and English immersion for foreign-speaking students.
In 2006, Governor Romney proposed and signed into law a private, market-based reform that ensures every Massachusetts citizen will have health insurance, without a government takeover and without raising taxes.
Governor Romney was elected to the Chairmanship of the Republican Governors Association by his fellow Governors for the 2006 election cycle, and raised a record $27 million for candidates running in State House contests around the country.
Romney first gained national recognition for his role in turning around the 2002 Winter Olympics. With the 2002 Games mired in controversy and facing a financial crisis, Romney left behind a successful career as an entrepreneur to take over as President and CEO of the Salt Lake Organizing Committee.
Governor Romney has said he felt compelled to assume the seemingly impossible task of rescuing the Games by both the urgings of his wife, Ann, and by the memory of his father, George Romney, who had been a successful businessman, three-term Governor of Michigan, and a tireless advocate of volunteerism in America.
In his three years at the helm in Salt Lake, Romney erased a $379 million operating deficit, organized 23,000 volunteers, galvanized community spirit and oversaw an unprecedented security mobilization just months after the September 11th attacks, leading to one of the most successful Olympics in our country's history.
Prior to his Olympic service, Mitt Romney enjoyed a successful career helping businesses grow and improve their operations. From 1978 to 1984, Mr. Romney was a Vice President at Bain & Company, Inc., a leading management consulting firm. In 1984, Romney founded Bain Capital, one of the nation's most successful venture capital and investment companies. Bain Capital helped launch hundreds of companies on a successful course, including Staples, Bright Horizons Family Solutions, Domino's Pizza, Sealy, Brookstone, and The Sports Authority. He was asked to return to Bain & Company as CEO several years later in order to lead a financial restructuring of the organization. Today, Bain & Company employs more than 2,000 people in 25 offices worldwide.
Governor Romney has been deeply involved in community and civic affairs, serving extensively in his church and numerous charities including City Year, the Boy Scouts, and the Points of Light Foundation. He was also the Republican nominee for U.S. Senate in 1994.
Former Governor, Arkansas
Former Arkansas governor Mike Huckabee recently formed HuckPac to assist Republicans running for office nationwide. Mike Huckabee believes conservative leadership is best suited to lead America forward in the 21st Century.
In the past year, Huckabee campaigned for the Republican nomination for President — and to share his message of vertical politics that he says reflects American values and priorities.
From 1996-2007, Huckabee served as the 44th Governor of Arkansas. When he left office on January 9, 2007, he set out on a nationwide tour to promote his fifth book, "From Hope to Higher Ground: 12 STOPS to Restoring America's Greatness." The book reveals his optimistic vision for what America can become with the right kind of leadership and a clear direction.
Huckabee is recognized as a national leader, having been honored by several renowned publications and organizations for his numerous accomplishments. Governing Magazine named him as one of its 'Public Officials of the Year' for 2005, Time Magazine honored him as one of the five best governors in America, and later in the same year, Huckabee received the American Association of Retired Person's Impact Award. In 2007, he was presented with the Music for Life Award by the National Association of Music Merchants (NAMM) for his commitment to music education.
Huckabee became governor in July 1996 when his predecessor resigned. He was one of the youngest governors in the country at the time. Huckabee was elected to a full four-year term as governor in 1998, attracting the largest percentage of the vote ever received by a Republican gubernatorial nominee in Arkansas, and was re-elected to another four-year term in November 2002.
Huckabee first was elected lieutenant governor in a 1993 special election and was elected to a full four-year term in 1994. He was only the fourth Republican to be elected to statewide office since Reconstruction.
A significant part of his adult life was spent as a pastor and denominational leader. He became the youngest president ever of the Arkansas Baptist State Convention, the largest denomination in Arkansas. Huckabee led rapidly growing congregations in Pine Bluff and Texarkana. He said those experiences gave him a deep sense of the problems faced by individuals and families.
Huckabee's efforts to improve his own health have received national attention. Diagnosed with Type II diabetes in 2003, he lost 110 pounds. Barely two years later, he has completed four marathons: The 2005 and 2006 Little Rock Marathons, the Marine Corps Marathon and the ING New York City Marathon. As a result of his accomplishments, The Road Runners Club of America named him its 'Southern Region Runner of the Year' and USA Track & Field has named him their 'Athlete of the Week' for the country.
Continuing to call for a national emphasis on living a healthy lifestyle, Huckabee completed his fourth book, "Quit Digging Your Grave With A Knife and Fork." This 12-stop program is a no-nonsense approach to managing one's health through lifestyle change rather than a simple diet and exercise plan.
Huckabee, 52, enjoys playing bass guitar in his rock-n-roll band, Capitol Offense, which has opened for artists such as Willie Nelson and the Charlie Daniels Band, and has played the House of Blues in New Orleans, the Red Rocks Amphitheater in Denver, CO and for two presidential inauguration balls.
The former governor and his wife, Janet, live in North Little Rock. They have three grown children: John Mark, David and Sarah.
Former United States Representative, 14th Congressional District of Texas
PAUL, Ronald Ernest, (father of Rand Paul), a Representative from Texas; born in Pittsburgh, Allegheny County, Pa., August 20, 1935; graduated from Dormont High School, Dormont, Pa., 1953; B.A., Gettysburg College, Gettysburg, Pa., 1957; M.D., Duke University Medical Center, Durham, N.C., 1961; internship and residency training, Henry Ford Hospital, Detroit, Mich., 1961 and 1962; obstetrics and gynecology training, University of Pittsburgh, Pittsburgh, Pa., 1965-1968; medical doctor; United States Air Force, 1963-1965; United States Air National Guard, 1965-1968; delegate, Texas state Republican convention, 1974; unsuccessful candidate for election to the Ninety-fourth Congress in 1974; elected as a Republican to the Ninety-fourth Congress, by special election to fill the vacancy created by the resignation of United States Representative Robert R. Casey (April 3, 1976-January 3, 1977); unsuccessful candidate for reelection to the Ninety-fifth Congress in 1976; elected to the Ninety-sixth and to the two succeeding Congresses (January 3, 1979-January 3, 1985); was not a candidate for reelection to the House of Representatives in 1984, but was an unsuccessful candidate for nomination to the United States Senate; author; unsuccessful Libertarian Party candidate for election for President of the United States in 1988; elected as a Republican to the One Hundred Fifth and to the seven succeeding Congresses (January 3, 1997-January 3, 2013); unsuccessful candidate for the Republican presidential nomination in 2008; unsuccessful candidate for the Republican presidential nomination in 2012; was not a candidate for reelection to the One Hundred Thirteenth Congress in 2012.
Engage Volume 9, Issue 1, February 2008
ADMINISTRATIVE LAW & REGULATION Climate Change Litigation Since Mass v. EPA by David B. Rivkin,...
Will the Missouri Supreme Court Order $1 Billion for Public School Financing?
Publius
A 1993 Missouri trial court ruling forced the largest tax increase is Missouri history, $310...
Merit Selection and School Reform
Publius
An analysis of the correlation between the “Missouri Plan” for selecting judges and litigation decisions regarding school financing and school choice.
Few areas of law are the source of more contentious litigation than education cases, particularly...
A Report on Reauthorization of the Tennessee Plan
Brian T. Fitzpatrick
In June of 2008, some of the operative provisions of Tennessee’s method of selecting appellate...
A Report on Reauthorization of the Tennessee Plan
Brian T. Fitzpatrick
In June of 2008, some of the operative provisions of Tennessee’s method of selecting appellate...
Biting the Hand that Feeds
Robert Pambianco
The telecom mess has gotten messier. Thanks to the ingenious efforts of enterprising class action...
Stoneridge Investment v. Scientific Atlanta
Jay Brown, Theodore "Ted" Frank, Stephen Bainbridge, Andrew J. Pincus, Robert Prentice, Andrea Seidt
Online Debate
On January 15, 2008 the Supreme Court decided the Stoneridge Investment v. Scientific Atlanta case. The Court...
School Vouchers: Past Lessons and Future Prospects - The Implications of Government "Strings" on Vouchers
Charles E. Rice, Michael Stokes Paulsen
Engage Volume 3, October 2002 Supplement
MS. SMITH: It certainly has been an interesting week for religion in the news. We...
ABA Watch February 2008
In this issue, we are pleased to offer an interview with ABA President-Elect H. Thomas...
Presidential Candidates on Judicial Philosophy
John McCain, Mitt Romney, Mike Huckabee, Ron Paul
Online Debate
On November 4, 2008 American voters will elect the forty-fourth President of the United States....