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.
Partner, Baker & Hostetler LLP
Darin Bartram focuses his practice in the areas of constitutional litigation and appellate work, with particular experience in environmental law.
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Senior Counsel, Storzer and Associates; Adjunct Professor at the Catholic University of America Columbus School of Law
Eric Treene is Senior Counsel at Storzer and Associates in Washington, D.C., and an Adjunct Professor at the Catholic University of America School of Canon Law. He served for 19 years in four administrations in the U.S. Department of Justice as Special Counsel for Religious Discrimination, where he provided leadership for the Department on a wide range of religious liberty issues, including developing and overseeing the Department’s enforcement program for the Religious Land Use and Institutionalized Persons Act (RLUIPA), testifying before the U.S. Senate on religious hate crimes and developing training programs to protect places of worship from violence, and leading the Department’s efforts to protect religious liberty rights during the COVID-19 epidemic. Prior to serving at the Department of Justice, Mr. Treene was Litigation Director at the Becket Fund for Religious Liberty in Washington, D.C, and was a law clerk to the Hon. John M. Walker, Jr. on the U.S. Court of Appeals for the Second Circuit. He is a graduate of Amherst College and Harvard Law School.
Partner, Sullivan & Cromwell LLP
Eric Kadel is engaged in a wide variety of corporate, transactional and regulatory matters. He is a member of the Firm’s Corporate and Finance, Financial Services, Investment Management, Alternative Investment Management, Cybersecurity, and Commodities, Futures and Derivatives Groups. With regard to financings, Mr. Kadel regularly represents participants in capital markets transactions, and dealers and end users in connection with structuring and documenting a wide variety of swaps and other derivatives, including equity, credit default and commodity swaps, options and forwards. Mr. Kadel’s work in the investment management area includes advising public and private investment companies and investment advisers on a wide variety of transactional, regulatory, compliance and other matters, including registration and regulation. Mr. Kadel also advises clients of the Firm regarding developments in the laws regulating the financial services industry and on cybersecurity issues. Mr. Kadel is currently an adjunct professor at George Washington University Law School.
In addition, Mr. Kadel is one of the principal partners in the Firm’s International Trade and Investment practice. He counsels and represents clients on questions about U.S. economic sanctions, including those administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), United States antiboycott requirements under the Export Administration Regulations administered and enforced by the Commerce Department’s Office of Antiboycott Compliance within the Bureau of Industry and Security, Bank Secrecy Act/anti‐money laundering laws and the U.S. Foreign Corrupt Practices Act (“FCPA”). Mr. Kadel’s practice includes analysis of proposed transactions and business relationships; due diligence and design and review of compliance procedures and strategies; and internal investigations, voluntary disclosures and government enforcement actions. Mr. Kadel also regularly advises clients regarding questions arising under Exon-Florio and the transaction review process administered by the Committee on Foreign Investment in the United States (“CFIUS”), and has represented clients before CFIUS on many national security reviews.
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.
Retired Partner, Sullivan & Cromwell LLP
Upon his resignation as the Legal Adviser of the U.S. Department of State in January 1993, Mr. Williamson rejoined Sullivan & Cromwell's Washington, D.C. office. He originally joined the Firm in 1964 after graduating from New York University School of Law, where he was an editor of the Law Review. He became a partner of the Firm in 1971, moved to its London office in 1976, returned to its New York office in 1979, moved to its Washington, D.C. office in 1988 and became Of Counsel in 2007. In 2018, he retired from the firm.
At Sullivan & Cromwell, Mr. Williamson engaged in a broad and wide-ranging domestic and international financing and transactions practice, as well as advice with respect to corporate governance issues, the United States’ economic sanctions laws, the ethics rules applicable to government officials and the immunities of foreign sovereigns and international organizations.
Mr. Williamson has been an active participant on panels and other forums involving public international law and national security issues, such as the domestic and international bases for the use of force, the role of the United States with respect to the International Criminal Court, the law of the sea and the application of international legal principles in the war against terrorism.
Mr. Williamson is a member of the Council on Foreign Relations and a former member of the Executive Council of the American Society of International Law, the Executive Committees of the Business and Advisory Committee (BIAC) to the OECD and the U.S. Council for International Business, the United States Advisory Board of NTT DoCoMo, Inc. and the Board of Directors of Triton Oil & Gas Limited.
Mr. Williamson has served on the Boards of Regents and Trustees of the University of the South and as chair of the Board of Regents. He is currently a member of the Board of Directors of the American Council of Trustees and Alumni, a higher education watchdog.
James Wilson Endowed Professor, Pepperdine University
In law school, Robert Pushaw served as Notes Editor of the Yale Law Journal and received an Olin Foundation Fellowship. After graduation, he clerked for Judge James Buckley of the US Court of Appeals for the DC Circuit, then worked as an employment lawyer for Davis Wright Tremaine in Seattle.
Joining the University of Missouri School of Law faculty in 1992, Professor Pushaw taught Constitutional Law, Federal Courts and Contracts. In 1998, he won the Blackwell Sanders Distinguished Faculty Achievement Award as the law school's top teacher. In 2000, Pushaw received the William Kemper Fellowship for Teaching Excellence, the University of Missouri's highest teaching honor. He came to Pepperdine in 2001, and won the School of Law's Annual Teaching Award in 2007.
George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs, Emeritus, Hoover Institution
Abraham D. Sofaer was appointed the first George P. Shultz Distinguished Scholar and Senior Fellow at the Hoover Institution in 1994. Named in honor of former US secretary of state George P. Shultz, the appointment is awarded to a senior scholar whose broad vision, knowledge, and skill will be brought to bear on the problems presented by a radically transformed global environment.
Sofaer's work focuses on the power over war within the US government and on issues related to international law, terrorism, diplomacy, and national security. His most recent books are Taking on Iran: Strength, Diplomacy, and the Iranian Threat(Hoover Institution Press, 2013) and The Best Defense?: Legitimacy and Preventive Force (Hoover Institution Press, 2010).
From 1985 to 1990, he served as a legal adviser to the US Department of State, where he resolved several interstate matters, including the dispute between Egypt and Israel over Taba, the claim against Iraq for its attack on the USS Stark, and the claims against Chile for the assassination of Orlando Letelier. He received the Distinguished Service Award in 1989, the highest state department award given to a non–civil servant.
From 1979 to 1985, Sofaer served as a US district judge in the Southern District of New York. From 1969 to 1979, he was a professor of law at Columbia University School of Law and wrote War, Foreign Affairs, and Constitutional Power: The Origins.From 1967 to 1969, he was an assistant US attorney in the Southern District of New York, after clerking for Judge J. Skelly Wright on the US Court of Appeals in Washington, DC, and the Honorable William J. Brennan Jr. on the US Supreme Court. He practiced law at Hughes, Hubbard and Reed from 1990 to 1994.
A veteran of the US Air Force, Sofaer received an LLB degree from New York University School of Law in 1965, where he was editor in chief of the law review. He holds a BA in history from Yeshiva College (1962). Sofaer is a founding trustee of the National Museum of Jazz in Harlem and a member of the board of the Koret Foundation.
His research papers are available at the Hoover Institution Archives.
Professor of Law, Loyola Law School Los Angeles
Senior Faculty, Arthur and Toni Rembe Rock Center for Corporate Governance, Stanford Law School
Joseph A. Grundfest, JD ’78, is a nationally prominent expert on capital markets, corporate governance, and securities litigation. His scholarship has been published in the Harvard, Yale, and Stanford law reviews, and he has been recognized as one of the most influential attorneys in the United States. Professor Grundfest founded the award-winning Stanford Securities Class Action Clearinghouse, which provides detailed, online information about the prosecution, defense, and settlement of federal class action securities fraud litigation. He launched Stanford Law School’s executive education programs and continues to co-direct Directors’ College, the nation’s leading venue for the continuing professional education of directors of publicly traded corporations. He is also a senior faculty member with the Arthur and Toni Rembe Rock Center for Corporate Governance. Additionally, he is co-founder and director of Financial Engines and a director of Kohlberg, Kravis, Roberts & Co.
Before joining the Stanford Law School faculty in 1990, Professor Grundfest was a commissioner of the Securities and Exchange Commission, served on the staff of the President’s Council of Economic Advisors as counsel and senior economist for legal and regulatory matters, and was an associate at Wilmer, Cutler & Pickering. Early in his career he was a research associate at the Brookings Institution and an economist and consultant with the RAND Corporation.
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The United States and the International Criminal Court: Concerns and Possible Courses of Action
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Robert John Pushaw, Abraham D. Sofaer, Karl Manheim, Steven Rohde
Transcript
The Federalist Society and Pepperdine Law School presented this panel on February 6, 2002.
Enron: Can We Craft an Efficient Disclosure-Based Policy Response?
Joseph A. Grundfest
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