Professorial Lecturer in Law, The George Washington University
Paul Rosenzweig is an accomplished writer and speaker with a national reputation in cyber security and homeland security. He is the founder of Red Branch Consulting PLLC, a homeland security consulting company. He is also a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security.
He is a Professorial Lecturer in Law at George Washington University, and a Senior Fellow in the Tech, Law & Security Program at the American University, Washington College of Law. He serves as an advisor to and former member of the American Bar Association Standing Committee on Law and National Security, and a Contributing Editor of the Lawfare blog. He is a member of the ABA Cybersecurity Legal Task Force and of the United States Court of Appeals for the District of Columbia Circuit Advisory Committee on Admissions and Grievances. He serves, as well, as a Hearing Committee Member of the District of Columbia Board of Professional Responsibility. In 2011 he was a Carnegie Fellow in National Security Journalism at the Medill School of Journalism, Northwestern University.
Mr. Rosenzweig is a cum laude graduate of the University of Chicago Law School. He has an M.S. in Chemical Oceanography from the Scripps Institution of Oceanography, University of California at San Diego and a B.A from Haverford College. Following graduation from law school he served as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Eleventh Circuit.
He is the author of Cyber Warfare: How Conflicts in Cyberspace are Challenging America and Changing the World and of three video lecture series from The Great Courses, Thinking About Cybersecurity: From Cyber Crime to Cyber Warfare; The Surveillance State: Big Data, Freedom, and You; and Investigating American Presidents.
He is the co-author (with James Jay Carafano) of Winning the Long War: Lessons from the Cold War for Defeating Terrorism and Preserving Freedom and co-editor (with Jill D. Rhodes and Robert S. Litt) of the Cybersecurity Handbook (3rd ed.). He is also co-editor (with Timothy McNulty and Ellen Shearer) of two books, Whistleblowers, Leaks and the Media: The First Amendment and National Security, and National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers. Mr. Rosenzweig is a member of the Literary Society of Washington.
Professor of Government, Claremont Graduate University
Michael Uhlmann has been a professor in the Division of Politics & Economics at Claremont Graduate University since 2002. His research specializations include American presidency, executive–congressional relations, and the federal judiciary—namely, the federal administrative process and national security decision making. In addition to his regular coursework at CGU, Uhlmann teaches in and directs CGU’s Tribal Administration Certificate Program, made possible through a generous grant from the San Manuel Band of Mission Indians.
Uhlmann received his PhD in Government from Claremont Graduate University after receiving his BA in History from Yale University and his LLB from the University of Virginia Law School. Immediately prior to joining the CGU faculty, Uhlmann served as a senior vice president of the Lynde and Harry Bradley Foundation in Milwaukee, Wisconsin. Before that, he was a senior fellow at the Ethics and Public Policy Center in Washington, D.C. He had also served for many years as a partner in the Washington office of Pepper, Hamilton, & Scheetz, a large international law firm, where he specialized in federal antitrust and administrative law. Concurrently held alongside his position at CGU, Uhlmann is an adjunct professor at Claremont McKenna College, teaching a variety of courses in the Department of Government.
In addition to his academic career, private legal practice, and philanthropic work, Uhlmann has had a distinguished career in government, beginning with service as a staff and committee counsel in the U.S. Senate and as assistant general counsel of the Federal Trade Commission. In 1974, following Senate confirmation, he was appointed by President Gerald Ford to be assistant attorney general for Legislative Affairs in the Department of Justice. From 1981 to 1984, he served as special assistant to President Ronald Reagan and associate director of the White House Office of Policy Development. He directed legal and administrative policy for the Reagan presidential transition in 1980–1981 and chaired the Department of Justice transition team for President-Elect George H. W. Bush in 1988–1989.
Uhlmann has written for many leading newspapers and journals of opinion, including National Review, Weekly Standard, Philadelphia Inquirer, Los Angeles Times, Washington Post, First Things, and Claremont Review of Books.
Associate Professor of Law and Director, Religious Liberty Clini, Stanford Law School
Jim Sonne is a professor at law at Stanford Law School, and is the founding director of the law school’s Religious Liberty Clinic, the only full-time program in the country where students learn the practice of law through supervised litigation in that field. He is an experienced and award-winning teacher, practitioner, and scholar, with expertise in law and religion issues.
Professor Sonne received his BA with honors from Duke University and his JD with honors from Harvard Law School. He is a former law clerk to Judge Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit. Before joining the law school in 2012, Sonne was an appellate lawyer at Horvitz & Levy in Los Angeles.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
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, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
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.
Paul Rosenzweig Reviews Go Directly to Jail: The Criminalization of Almost Everything Edited by Gene Healy
Paul Rosenzweig
For too long, the growth in the use of criminal law as a means of...
Michael Uhlmann Reviews Bringing Justice to the People: The Story of the Freedom-Based Public Interest Law Movement Edited by Lee Edwards
Michael Uhlmann
To members of the mainstream media and, alas, to much of the public, the phrase...
James A. Sonne Reviews The Freedom of Faith-Based Organizations to Staff on a Religious Basis by Carl H. Esbeck, Stanley W. Carlson-Thies, and Ronald J. Sider
James A. Sonne
As the French historian Alexis de Tocqueville once wrote of America in the mid-nineteenth century,...
Reynolds v. Department of Transportation, State of Alabama, et al.
Christopher Weller
For years courts have struggled with the scope of an attorney’s right to communicate with...
Oath-Breakers
Matthew F. Stowe
“Oath-breaker.” In the mystical and now-familiar world of J.R.R. Tolkien’s fantasy, a person’s word was...
Business and the Supreme Court
Publius
During the past few months--in connection with both the Presidential election and speculation about Supreme...
Business and the Supreme Court
During the past few months--in connection with both the Presidential election and speculation about Supreme...
State Court Docket Watch February 2005
Table of Contents
Recent State Cases Largely Support Property Rights Mississippi Supreme Court Limits Permissive Joinder Recent Trends...
Unlawful Belligerency and its Implications Under International Law
David B. Rivkin, Lee A. Casey, Darin R. Bartram
By: Lee A. Casey, David B. Rivkin, Jr. & Darin R. Bartram* President Bush's Military...
The War on Terrorism and the Commander in Chief Clause: Delegation of the President's Command Authority
Michael F. Williams, Daniel J. Kelly, Allison R. Hayward
Allison R. HaywardDaniel KellyMichael F. Williams*I. IntroductionIn this paper, we seek to remind readers that...