Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
President, Norton Regulatory Strategies and Former Secretary, U.S. Department of the Interior
Gale Norton has three decades of experience handling energy, natural resources, and environmental issues. As Secretary of the Interior, 2001-2006, she played a key role in shaping national energy policies. A member of President George W. Bush’s Cabinet, Norton was responsible for managing over 20% of the land area of the United States, a Fortune-500-sized budget, and a workforce of 70,000 employees.
In the face of crises including the September 11th attacks and the War on Terror, increasing domestic energy production became a major focus for Norton’s term. She oversaw lands and offshore areas that produced a third of America's domestic oil, natural gas, and coal. She was actively involved in consideration of the Energy Policy Act of 2005, offshore and onshore oil and gas production, coal mine leasing and reclamation, hydroelectric generation, as well as biomass, wind and geothermal development.
Norton led efforts that resolved 70-year-old interstate disputes on the Colorado River and instituted a west-wide water conservation program. She championed the President's Healthy Forest Initiative and Cooperative Conservation.
Norton returned to Colorado as General Counsel for Royal Dutch Shell Unconventional Oil, 2007-2010. She was a member of Shell’s global legal leadership team, and handled legal, regulatory and governmental issues for Shell’s oil shale and in-situ oil sands projects, primarily in Colorado and Alberta.
As an attorney, Norton has handled multi-billion-dollar and high-profile litigation involving products liability, antitrust, taxation, environmental and constitutional issues, including arguing cases before the US Supreme Court and negotiating one of the largest lawsuit settlements in history. Norton served two terms as the elected Attorney General of Colorado, 1991-1999.
Norton’s background also includes serving as senior counsel at Brownstein, Hyatt & Farber, P.C.; Associate Solicitor of the U.S. Department of the Interior; Assistant to the Deputy Secretary of Agriculture; National Fellow of Stanford University’s Hoover Institution; and Senior Attorney for Mountain States Legal Foundation. Norton has a B.A., J.D. and honorary Ph.D. from the University of Denver, and an honorary Dr. Eng. from the Colorado School of Mines. She has chaired the National Park Foundation and the Migratory Bird Conservation Commission.
Norton is currently a Senior Advisor for Clean Range Ventures, an energy technology venture capital firm. She serves on boards for the Federalist Society, the Reagan Alumni Association, and the University of Colorado Renewable and Sustainable Energy Institute. She and her husband, John Hughes, are avid international travelers, golfers, skiers and outdoor enthusiasts.
Senior Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Founder and President, American Civil Rights Institute
Ward Connerly is founder and President of the American Civil Rights Institute – a national, not-for-profit organization aimed at educating the public about the need to move beyond race and, specifically, racial and gender preferences. Mr. Connerly has gained national attention as an outspoken advocate of equal opportunity for all Americans, regardless of race, sex, or ethnic background.
Mr. Connerly is author of Creating Equal: My Fight Against Race Preferences and his new release Lessons from My Uncle James: Beyond Skin Color to the Content of Our Character. One part memoir, one part moral guide, Lessons from My Uncle James is a touching, funny and ultimately a philosophical book about living a principled and productive life regardless of skin color. Lessons illustrates how Mr. Connerly arrived at the ethics that have guided his life and is a new starting point for the discussion about character that America must have in order to move beyond race for good.
As a member of the University of California Board of Regents, Mr. Connerly focused the attention of the nation on the University's race-based system of preferences in its admissions policy. On July 20, 1995, following Mr. Connerly's lead, a majority of the Regents voted to end the University's use of race as a means for admissions. He was appointed to a 12-year term as UC Regent in March 1993.
In 1995, Mr. Connerly accepted chairmanship of the California Civil Rights Initiative (Proposition 209) campaign. Under his leadership, the campaign successfully obtained more than 1 million signatures and qualified for the November 1996 ballot. California voters passed Proposition 209 by a 55 percent to 45 percent margin.
Mr. Connerly also led the efforts to pass initiatives in the States of Washington, Michigan, Nebraska and Arizona that were patterned after California's Proposition 209, to require equal treatment under the law for all residents in public education, public employment and public contracting.
Mr. Connerly has been profiled on 60 Minutes, the cover of Parade magazine, the New York Times, Wall Street Journal, Newsweek magazine, and virtually every major news magazine in America. He has also appeared on The NewsHour with Jim Lehrer, Crossfire, Hannity & Colmes, Meet the Press, Dateline, NBC Nightly News, CNN, and C-SPAN.
Mr. Connerly is President and Chief Executive Officer of Connerly & Associates, Inc., a Sacramento-based association management and land development consulting firm founded in 1973. He is regarded as one of the housing industry's top experts, possessing a comprehensive knowledge of housing and development issues. He has been inducted as a lifetime member into the California Building Industry Hall of Fame and has been a member of the Rotary Club of Sacramento for over 15 years.
Senior Attorney and Counsel for Special Projects, Competitive Enterprise Institute
CEI’s Counsel for Special Projects is Hans Bader. Coming to CEI in 2003, Hans’s prior casework has included suits involving the First Amendment, federalism, and civil rights issues. He graduated from the University of Virginia with a B.A. in economics and history, and later earned his J.D. from Harvard Law School. Just before joining CEI, Hans was Senior Counsel at the Center for Individual Rights.
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.
Whether There is a Constitutional Right to Die
Keith A. Pesto
Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
The existence of a constitutional right to die is currently under consideration by the United...
Transaction Costs and Property Rights: Or Do Good Fences Make Good Neighbors
Richard A. Epstein
Environmental Law & Property Rights Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
The selection of the title for my Coase lecture was in part an act of...
Do as I Say, Not as I Do: The Story of Environmental Non-Compliance at Federal Facilities
Gale A. Norton
Environmental Law & Property Rights Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
The old saying, "Do as I say, not as I do," fairly describes the Federal...
Public Power, Private Gain: The Abuse of Eminent Domain
Dana Berliner
Environmental Law & Property Rights Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
YOU MAY BE REQUIRED TO MOVE WITHIN 90 DAYS AFTER YOU RECEIVE THIS NOTICE. IF...
Widow Suitum Fights a "Strange Doctrine"
James S. Burling
Environmental Law & Property Rights Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
The point of Suitum v. Tahoe Regional Planning Authority, argued before the United States Supreme...
The American Civil Rights Institute: Taking CCRI to the National Stage
Ward Connerly
Civil Rights Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
The campaign for passage of the California Civil Rights Initiative ("CCRI"), also known as Proposition...
The California Civil Rights Initiative Goes to Court
Hans Frank Bader
Civil Rights Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
Last November, the voters of California adopted a state constitutional amendment, known as the California...
US v. Virginia: The New and Improved Equal Protection Clause
Anita K. Blair
Civil Rights Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
Last summer's 7-1 Supreme Court decision in the Virginia Military Institute (VMI) case, United States...
Gerald Reynolds reviews Right Turn: William Bradford Reynolds, The Reagan Administration, and Black Civil Rights by Raymond Wolters
Gerald A. Reynolds
Civil Rights Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
Racial preference policies are a direct assault against Liberalism in that they resurrect the notion...
Free Speech and the 1995-96 Term: A Mixed Message
Allison R. Hayward
Free Speech & Election Law Practice Group Newsletter - Volume 1, Issue 1, Fall 1996
While the Supreme Court's 1995 Term will probably be remembered for its controversial opinions on...