Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
United States Senator, Texas
Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.
Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.
Professor of Law and Director of the Center for Global Law and P, Santa Clara Law
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.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Doy & Dee Henley Chair and Distinguished Professor of Jurisprude, Chapman University Dale E. Fowler School of Law
Ronald D. Rotunda was the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, the Dale E. Fowler School of Law. He joined the faculty in 2008. Before that, he was University Professor and Professor of Law at George Mason University School of Law. From 2002 to 2006, he was the George Mason University Foundation Professor of Law. Before that, he was the Albert E. Jenner, Jr. Professor of Law, at the University of Illinois. He was a magna cum laude graduate of both Harvard College and Harvard Law School, where he was a member of Harvard Law Review. He joined the University of Illinois faculty in 1974 after clerking for Judge Walter R. Mansfield of the United States Court of Appeals for the Second Circuit, practicing law in Washington, D.C., and serving as assistant majority counsel for the Senate Watergate Committee. He has co-authored the most widely used course book on legal ethics, Problems and Materials on Professional Responsibility(Foundation Press, 12th ed. 2014) and was the author of a leading course book on constitutional law, Modern Constitutional Law (West Academic Co., 11th ed. 2015)(Abridged & Unabridged editions). He was the coauthor of, Legal Ethics: The Lawyer's Deskbook on Professional Responsibility (ABA- West/Thompson Reuters Publishing, St. Paul, Minnesota, 2016-2017 ed.) (Jointly published by the ABA and West/Thompson Reuters Publishing) (with John Dzienkowski). Rotunda also co-authored (with John Nowak) the six-volume Treatise on Constitutional Law (West/Thompson Reuters Publishing, 5th ed. 2012)(with annual updates), and a one volume Treatise on Constitutional Law (West Academic, 8th ed. 2010). He was also the author of several other books and more than 500 articles in various law reviews, journals, newspapers, and books in this country and abroad. His works have been translated into French, Portuguese German, Romanian, Czech, Russian, Japanese, and Korean. These books and articles have been cited more than 2000 times by law reviews, by state and federal courts at every level, from trial courts to the U.S. Supreme Court, and by foreign courts in Europe, Africa, Asia, and South America. He has been interviewed on radio and television on legal issues, both in this country and abroad. In 1993 he was the Constitutional Law Adviser to the Supreme National Council of Cambodia and assisted that country in writing its first democratic constitution. He has consulted with various new democracies in Eastern Europe and the former Soviet Union, including Moldova, Romania, and Ukraine, on their proposed constitutions and judicial codes. He chaired the subcommittee that drafted the American Bar Association's Model Rules for Lawyer Disciplinary Enforcement; was a member of the Publications Board of the A.B.A. Center for Professional Responsibility from 1994 to 2016; was a member of the A.B.A. Standing Committee on Professional Discipline (1991-1997); and was Liaison to the A.B.A. Standing Committee on Ethics and Professional Responsibility (1994-1997). He was a Fulbright Professor in Venezuela in 1986 and a Fulbright Research Scholar in Italy in 1981. In 1996 he assisted the Czech Republic in drafting the first Rules of Ethics for lawyers in that country. During the Spring, 1999 semester, he was Visiting Professor at the University of Alabama School of Law, holding the John S. Stone Endowed Chair of Law. During the summer and fall of 2000, he was the Visiting Senior Fellow in Constitutional Studies at the Cato Institute, in Washington, DC. In the fall of 2001, he was visiting professor at George Mason University School of Law. During November-December, 2002, he was Visiting Scholar, Katholieke Universiteit Leuven, Faculty of Law, Leuven, Belgium. In May, 2004, and December, 2005, he was visiting lecturer at the Institute of Law and Economics, Institut für Recht und Ökonomik, at the University of Hamburg. From early June 2004 to May 2005, he was the Special Counsel to the Department of Defense. He was on the Panel of Contributing Editors that produced, Black's Law Dictionary (West/Thompson Reuters Publishing, 8th ed. 2004; Thomson-Reuters, 10th ed. 2014). From 2005-2006, he was a member of the Task Force on Judicial Functions of the Commission on Virginia Courts in the 21st Century: To Benefit All, to Exclude None.
In May, 2000, American Law Media, publisher of The American Lawyer, the National Law Journal, and the Legal Times picked Professor Rotunda as one of the ten most influential Illinois Lawyers. Also in 2000, a lengthy study that the University of Chicago Press published, which sought to determine the influence, productivity, and reputations of law professors over the last several decades, listed Professor Rotunda as the 17th highest in the nation. The 2002-2003 New Educational Quality Ranking of U.S. Law Schools (EQR) [the last year for which such records are available] ranks Professor Rotunda as the eleventh most cited of all law faculty in the United States. Seehttp://www.leiterrankings.com/faculty/2002faculty_impact_cites.shtml.
In July, 2007, he was one of the main speakers at the International Judicial Conference hosted by the United States Embassy, the Supreme Court of Latvia, and the Latvian Ministry of Justice. The other main speakers were Justice Samuel Alito, the President of Latvia, the Prime Minister of Latvia, the Chief Justice of Latvia, and the Minister of Justice of Latvia. On February 27, 2008, President George W. Bush nominated Ronald D. Rotunda to become a member of the Privacy and Civil Liberties Oversight Board (PCLOB) for an initial four-year term and sent his nomination to the Senate Committee on Homeland Security and Governmental Affairs for confirmation hearings on the nominees. He was selected the Best Lawyer in Washington, DC, in 2009 in Ethics and Professional Responsibility Law, as published in November 2008 in the Washington Post in association with the Legal Times. When he moved to California, he was also selected as one of the Best Lawyers in Southern California, in 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, also in Ethics and Professional Responsibility Law as published in the Los Angeles Times, U.S. News, and American Law Media. On June 17, 2009, he became a Commissioner of the Fair Political Practices Commission, a state regulatory agency (analogous to the Federal Election Commission) that is California's independent political watchdog. He served until January 31, 2013, when his term expired. In 2012, he became a Distinguished International Research Fellow at the World Engagement Institute, a non-profit, multidisciplinary and academically-based non-governmental organization with the mission to facilitate professional global engagement for international development and poverty reduction http://www.weinstitute.org/fellows.html. In 2012, Chapman University honored him with The Chapman University Excellence In Scholarly/Creative Work Award, 2011-2012. Since 2014, he has been a member of the Editorial Board of, The International Journal of Sustainable Human Security (IJSHS), a peer-reviewed publication of the World Engagement Institute (WEI). Rotunda was a Member of the Editorial Board of ABA's Journal of Legal Education (2014 to 2016).
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Fellow, National Security Institute, Antonin Scalia Law School, George Mason University
Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade. He is also a Fellow at the National Security Institute of George Mason University Law School. Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs. His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities. Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism. He has often written and spoken on national security and other public policy issues. Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute. He received his B.A. from Northwestern University and his J.D. from Cornell Law School.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Partner, Jones Day
Kevin Marshall provides clients analysis, strategy, and advocacy involving novel or complex legal issues, particularly in white collar and other compliance matters and in civil litigation arising out of criminal matters or alleged fraud. This includes appeals, dispositive and other critical motions, and prelitigation analyses.
Kevin oversaw trial and appellate briefing, and argued on appeal, in the successful defense of lawsuits arising out of the wiretapping prosecution of a private investigator who had served Jones Day's clients. He also has overseen briefing of, and successfully argued, motions for R.J. Reynolds in connection with arbitration under the Federal Arbitration Act, and the partial settlement, of billion dollar disputes with states under the Master Settlement Agreement. His assistance with investigations and related litigation has included the Foreign Corrupt Practices Act, false claims acts, RICO, civil and criminal fraud, reckless manslaughter, and the intersection of products liability and bankruptcy. Kevin was part of the team representing the National Federation of Independent Business in challenging the constitutionality of the Patient Protection and Affordable Care Act before the Eleventh Circuit and U.S. Supreme Court. He also has advised on and briefed issues under the Consumer Product Safety Improvement Act (CPSIA).
Before joining Jones Day, Kevin was a deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel. He provided authoritative written legal opinions and other legal advice, throughout the executive branch, on the Constitution, treaties, international law including the law of war, and federal statutes and regulations. He also testified three times before Congress.
Medellin v. Texas - Part I: Self-Execution
Nicholas Quinn Rosenkranz, Ted Cruz, David L. Sloss, Edwin D. Williamson
Online Debate
On March 25, 2008 the Supreme Court decided the Medellin v. Texas case. The Court ruled...
SCOTUScast 3-28-08 featuring William Otis
William G. Otis
United States v. Ressam
On March 25, 2008, the Court heard oral argument in United States v. Ressam. The...
SCOTUScast 3-28-08 featuring Mark Behrens
Mark A. Behrens
Hall Street Associates v. Mattel
In Hall Street Associates v. Mattel the Supreme Court was asked to consider whether or...
SCOTUScast 3-26-08 featuring Ron Rotunda
Ronald D. Rotunda
Munaf v. Geren and Geren v. Omar
On March 25, 2008, the Supreme Court heard oral argument in the consolidated cases of...
Everyone's Business: Emerging Issues in the Wisconsin Supreme Court
Rick M. Esenberg
The purpose of this paper is not to rehearse the arguments that I made last...
SCOTUScast 3-25-08 featuring Rick Esenberg
Rick M. Esenberg
Federal Express v. Holowecki
On February 27, 2008, the Supreme Court decided the case of Federal Express v. Holowecki....
SCOTUScast 3-25-08 featuring Vince Vitkowsky
Vincent Vitkowsky
Republic of the Philippines v. Pimentel
On March 17, 2008, the Supreme Court heard oral argument in Republic of the Philippines...
Wisconsin Poll
Topline Data Statewide Survey of 500 Likely Voters in Wisconsin
Everyone's Business: Emerging Issues in the Wisconsin Supreme Court
Rick M. Esenberg
The purpose of this paper is not to rehearse the arguments that I made last...
SCOTUScast 3-24-08 featuring Kevin Marshall
C. Kevin Marshall
District of Columbia v. Heller
On March 18 2008 the Court heard oral argument in District of Columbia v. Heller....