Associate Professor of Law, Rutgers School of Law
Keith Sharfman earned a B.A. in economics and international relations from Johns Hopkins University and a J.D. from the University of Chicago. Following law school, he clerked for Judge Frank Easterbrook of the U.S. Court of Appeals for the Seventh Circuit and then was an associate at Latham & Watkins in New York. Before joining the Rutgers-Newark faculty, he was Visiting Assistant Professor of Law and John M. Olin Fellow at Cornell Law School.
Professor Sharfman's scholarship was recognized in 2004 with his appointment as Philip Shuchman Scholar and in 2006 with his selection as an American Bankruptcy Law Journal Fellow by the National Conference of Bankruptcy Judges. His publications include "Contractual Valuation Mechanisms and Corporate Law," 2 Virginia Law & Business Review 53 (2007); "The Law and Economics of Hoarding," 19 Loyola Consumer Law Review 179 (2006); "Judicial Valuation Behavior: Some Evidence from Bankruptcy," 32 Florida State University Law Review 387 (2005); "Derivative Suits in Bankruptcy," 10 Stanford Journal of Law, Business & Finance 1 (2004) (lead article); "Creditor(s' Committee) Derivative Suits: A Reply to Professor Bussel," 10 Stanford Journal of Law, Business & Finance 38 (2004); "Valuation Averaging: A New Procedure for Resolving Valuation Disputes," 88 Minnesota Law Review 357 (2003) [reprinted at 19-2 Commercial Damages Reporter 1 (2004)]; "Is It Ever Too Late for Innocence?," 64 University of Pittsburgh Law Review 263 (2003) (with George C. Thomas et al.); "The First Economic Analyst of Law?," 6 Green Bag 2d 99 (2002); "The Economic Expert Witness," 3 Green Bag 2d 297 (2000) (with Merton H. Miller); and "Regulating Cyberactivity Disclosures: A Contractarian Approach," 1996 University of Chicago Legal Forum 639.
Campaign Director, Democracy Campaign, People for the American Way
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Robert S. Kerr, Sr. Professor of Constitutional Law, Oklahoma City University School of Law
From 2005-2006 Professor Spiropoulos was the Senior Counselor to the Speaker of the Oklahoma House of Representatives, where his duties included serving as chief policy advisor and negotiator. Professor Spiropoulos clerked for Judge Danny Boggs of the United States Court of Appeals for the Sixth Circuit and practiced law with the Chicago firm of Gardner, Carton & Douglas before joining the faculty. He has been a Heritage Foundation Salvatori Fellow and, from 2011 to 2023, was the Milton Friedman Fellow at the the Oklahoma Council of Public Affairs. He was the reporter for the Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act.
Professor Spiropoulos received his B.A. degree from Carleton College and his M.A. and J.D. degrees from the University of Chicago (Phi Beta Kappa). He teaches Constitutional Law, Legislation & Regulation, State and Local Government, and Constitutional Theory.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Partner, Baker & Hostetler LLP
Lee A. Casey focuses on federal environmental, constitutional and international law and Alien Tort Statute issues. He also advises clients on compliance issues under the Foreign Corrupt Practices Act (FCPA), U.S. trade sanctions regimes, and federal ethics requirements. Mr. Casey’s practice includes federal, district and appellate court litigation, as well as matters before federal agencies. Prior to joining BakerHostetler, Mr. Casey was an associate with Hunton & Williams, practicing in international, environmental and constitutional law. From 2004 through 2007 he served as an member of the United Nations Subcommission on the Promotion and Protection of Human Rights.
From 1986 to 1993, Mr. Casey served in various capacities in the federal government, including the Office of Legal Policy (1986-90) and the Office of Legal Counsel (1992-93) at the U.S. Department of Justice and served as Deputy Associate General Counsel at the U.S. Department of Energy (1990-92). The Office of Legal Counsel is responsible for advising the Attorney General and the White House on issues of constitutional law and statutory interpretation. The Office of Legal Policy served as a strategic “think tank” for the Reagan Justice Department and was responsible for reviewing candidates for appointments to the federal bench.
Before joining the government in 1986, Mr. Casey was an associate in the Los Angeles firm of Mitchell, Silberberg & Knupp, practicing in the litigation section, with an emphasis on copyright, contract and First Amendment issues. From 1984 to 1985, Mr. Casey served as Law Clerk to the Honorable Alex Kozinski, then Chief Judge of the United States Claims Court. From 1982 to 1984, he practiced at the Detroit firm of Dykema Gossett, focusing on corporate, securities, commercial and intellectual property litigation, and from 1990 through 1994, he served as an Adjunct Professor of Law at George Mason University School of Law in Arlington, Virginia.
Among the chapters, articles and papers that Mr. Casey has authored or co-authored are: “International Law and the Nation-State at the U.N.,” Reclaiming the Language of Freedom at the United Nations: A Guide for U.S. Policymakers, The Heritage Foundation (2006) (with David B. Rivkin, Jr.); “The Dangerous Myth of Universal Jurisdiction,” A Country I Do Not Recognize (ed. Robert H. Bork) (2005) (with David B. Rivkin, Jr.); “Leashing the Dogs of War,” The National Interest (Fall 2003) (with David B. Rivkin, Jr.); “The Limits of Legitimacy: The Rome Statute’s Unlawful Application to Non-State Parties,” 44 Va.J.Int’l L. 63 (Fall 2003) (with David B. Rivkin, Jr.); “Devil’s Advocates: The Danger of Judging Lawyers By Their Clients,” Policy Review (Feb. and Mar. 2002) (with David B. Rivkin, Jr.); “The Case Against the International Criminal Court,” 25 Fordham Int’l L.J. 840 (2002); “Europe in the Balance: The Alarmingly Undemocratic Drift of the European Union,” Policy Review (June and July 2001) (with David B. Rivkin Jr.); “Against an International Criminal Court,” Commentary, May 1998 (with David B. Rivkin, Jr.); “Federalism (Cont’d.),” Commentary, December 1996 (with David B. Rivkin, Jr.); “Presidents and War Powers: Another View,” Common Sense, Winter 1996 (with David B. Rivkin, Jr.); “How Binding Are Contracts?” The American Enterprise, Nov./Dec. 1993 (with David B. Rivkin, Jr.); and “Pirate Constitutionalism: An Essay in Self-Government,” 8 J. of L. & Politics 477 (1992).
Mr. Casey is a member of the California, Michigan and District of Columbia Bar Associations.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.
Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science. Before that he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He also has taught at DePaul College of Law and UCLA Law School.
He is the author of eleven books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (Picador Macmillan) published in November 2018, and two books published by Yale University Press in 2017, Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman).
He also is the author of more than 200 law review articles. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.
Senior Fellow, National Security Institute, Antonin Scalia School of Law, George Mason University; Retired Professor, Distinguished Fellow and Co-Founder, Center for National Security Law, University of Virginia School of Law (1987-2020)
Robert F. Turner holds both professional and academic doctorates from the University of Virginia School of Law. He co-founded the Center for National Security Law with Professor John Norton Moore in April 1981 and served as its associate director for 39 years, except for two periods of government service in the 1980s and during 1994-95, when he occupied the Charles H. Stockton Chair of International Law at the U.S. Naval War College in Newport, Rhode Island. He retired from UVA in January 2020 and currently serves as a non-resident senior fellow at the GMU National Security Institute. He also served briefly in 2020 as President of the Crime Prevention Research Center—one of the most respected pro-Second Amendment groups in the country—while its founder, Dr. John Lott, was on leave of absence.
A former Army captain and veteran of two tours in Vietnam, Turner served as a research associate and public affairs fellow at Stanford's Hoover Institution on War, Revolution and Peace before spending five years in the mid-1970s as national security adviser to U.S. Senator Robert P. Griffin, a member of the Senate Foreign Relations Committee (where Turner anticipated by seven years the Supreme Court’s landmark INS v. Chadha decision, striking down legislative vetoes). He also served in the executive branch during the Reagan administration as a member of the Senior Executive Service, first in the Pentagon as special assistant to the undersecretary of defense for policy, then in the White House as counsel to the President's Intelligence Oversight Board, and at the State Department as principal deputy and then acting assistant secretary for legislative affairs. In 1986, he became the first president of the congressionally established United States Institute of Peace.
A former three-term chairman of the ABA Standing Committee on Law and National Security (and for many years editor of the ABA National Security Law Report), Turner also chaired the Executive-Congressional Relations Subcommittee of the ABA Section on International Law and Practice and chaired or co-chaired the National Security Law Subcommittee of the Federalist Society’s International and National Security Law Practice Group for several years.
Turner taught undergraduate courses at Virginia on international law, U.S. foreign policy, the Vietnam War and foreign policy and the law in what is now the Woodrow Wilson Department of Politics. In addition, he co-taught National Security Law and advanced national security law seminars on the Indochina War and on war and peace with Moore at the Law School.
The author or editor of 17 books and monographs (including co-editor of the Center's 1,600-page National Security Law & Policy casebook, National Security Law Documents, and Legal Issues in the Struggle Against Terror) and numerous articles in law reviews and other professional journals, Turner has also contributed articles to most of the major U.S. newspapers, including The New York Times and USA Today. In an op-ed published in The International Herald Tribune in September 1990, he and Moore were the first to call for a war-crimes trial for Iraqi dictator Saddam Hussein and for international controls over Iraq's weapons of mass destruction, and the following month he wrote the lead story in The Washington Post Sunday Outlook Section, “Killing Saddam: Would It Be a Crime?,” arguing that Hussein would be a lawful target during Operation Desert Storm. (His reasoning contributed to the modern legal justification for drone strikes targeting specific terrorist leaders.) Three years before the terrorist attacks of September 11, 2001, Turner published an op-ed in USA Today entitled: “In Self-defense, U.S. Has Right to Kill bin Laden.”
In July 2007, he co-authored an article in The Washington Post with former U.S. Marine Corps Commandant General P.X. Kelley, “War Crimes and the White House,” criticizing the use of unlawful “enhanced interrogation techniques” by the Central Intelligence Agency. On the 40th anniversary of the fall of Saigon he authored an article in The Wall Street Journal, “Saigon’s Fall Still Echoes Today,” noting that after the war ended, Hanoi admitted it had made a decision in 1959 to open the Ho Chi Minh Trail and start sending troops, weapons and supplies into South Vietnam to overthrow its government — just as the United States had charged. In 2010 Turner received the first “person of the year” award from SACEI, a major Vietnamese-American human rights organization.
A frequent lecturer and debater, Turner has spoken at more than 100 law schools around the nation and in other fora — taking on as many as four opponents at a time. His debate opponents have included former or future deans of Yale, Stanford, the University of Chicago and Berkeley law schools. Following a 1987 debate against Dean Harlan Cleveland (Rhodes Scholar, U.S. Ambassador to NATO, and Presidential Medal of Freedom recipient) in which Turner defended the legality of U.S. support for the Nicaraguan contras during the Reagan Administration, the host student debating societies awarded Turner the victory by an 85-to-15 percent margin.
Turner has also written and lectured widely on University of Virginia founder and America’s third president Thomas Jefferson. In 2000-2001 he chaired the Jefferson-Hemings Scholars Commission. In his 2012 book Master of the Mountain, Jefferson critic Henry Wiencek described Turner as “Jefferson’s chief scholarly defender."
A former distinguished lecturer at the U.S. Military Academy at West Point, Turner is a member of the Council on Foreign Relations, the Academy of Political Science, the Committee on the Present Danger, The Heterodox Academy, and other professional organizations. He maintained a 4.0 gpa as a graduate student at Stanford in History and Political Science and in the UVA Department of Government and Foreign Affairs and was the first person admitted directly to the UVA academic law doctorate (SJD) program without first being required to earn an LL.M. master’s degree. He was selected for inclusion in Who’s Who in American Law less than two years after graduating from law school and Who’s Who in the World before he reached the age of 40. Turner has testified before more than a dozen different congressional committees on issues of international or constitutional law and other topics.
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Partner, McGuireWoods LLP
Andrew is a former Supreme Court clerk for Justice Sandra Day O’Connor and a former federal prosecutor with more than 25 years of experience in civil and criminal litigation. He represents clients in federal and state courts in complex civil litigation and in rulemaking and investigations before numerous federal and state agencies, including the Department of Justice, Environmental Protection Agency, Federal Trade Commission, Federal Election Commission, Federal Communications Commission and state attorneys general.
Professor from Practice, Georgetown University Law Center
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
Judicial Valuation Behavior: Some Evidence from Bankruptcy
Keith Sharfman
Valuation litigation is notoriously unpredictable. When the value of a legal entitlement is in dispute,one...
Crawford v. Marion County
David J. Becker, Allison R. Hayward
Online Debate
Crawford v. Marion County, argued in front of the Supreme Court on January 9th 2008, challenges...
State AGs Hiring Private Attorneys to Assist in Government Lawsuits
Andrew Spiropoulos
In recent years, much attention has been paid to the phenomenon of state attorneys general...
State AGs on Antitrust and Interstate Comity
Amicus curiae, or "friend of the court", briefs offer non-parties to a case an opportunity...
CT AG Files Antitrust Lawsuit Against Reinsurance Company
In 2004, New York Attorney General Elliot Spitzer charged several large insurance brokers with improperly...
State AGs on Global Warming Litigation
David B. Rivkin, Lee A. Casey
Many state Attorneys General across the country are becoming increasingly involved in global climate change...
Judicial Recess Appointments: A Survey of the Arguments -- An Addendum
Lawrence VanDyke
On December 31, 2007 the Senate adjourned sine die, concluding its first session. In 2004,...
Judicial Recess Appointments: A Survey of the Arguments -- An Addendum
Lawrence VanDyke
On December 31, 2007 the Senate adjourned sine die, concluding its first session. In 2004,...
FISA
Erwin Chemerinsky, Robert F. Turner
Online Debate
The Foreign Intelligence Service Act (FISA) of 1978 is a US federal law that prescribed...
Boumediene v. Bush
Bradford A. Berenson, Andrew G. McBride, Martin S. Lederman, Tim Lynch
Online Debate
Boumediene v. Bush arises on a writ of habeas corpus filed on behalf of Lakmar...