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.
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.
Former President & CEO, The Federalist Society for Law and Public Policy Studies
Eugene B. Meyer, former President and CEO of the Federalist Society, has served as Executive Director, CEO, and/or President of the organization for more than 40 years. He is responsible for shepherding the organization from a small group of law students to a community of 90,000 lawyers, law students, academics, judges, and others interested in the rule of law. The Society now includes a Student Chapter at nearly every ABA-accredited law school in the country and Lawyers Chapters in 220 major cities across the nation. Gene earned his B.A. in history at Yale in 1975 and his M.A. in political science from the London School of Economics in 1976. Gene currently serves on the boards of the U.S. Chess Center, the Holman Foundation, the Sarah Scaife Foundation, and the advisory board of the Adam Smith Society. He holds the title of International Chess Master.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Partner, Wiley Rein, LLP
Megan L. Brown is a partner at Wiley Rein LLP. She has significant litigation, appellate and regulatory experience before state and federal courts and agencies.
Ms. Brown helps businesses respond to federal, state and local regulation and investigations raising administrative law, statutory interpretation, and constitutional issues, including the First Amendment.
Principal Attorney, Pacific Legal Foundation
Sharon L. Browne is a principal attorney in Pacific Legal Foundation's Individual Rights Practice group. She is an accomplished trial and appellate lawyer. Her practice focuses on litigation at all court levels to prohibit government from utilizing race or sex based discrimination or preferences in public contracting, employment or education. She was actively involved in Parents Involved in Community Schools v. Seattle School District and Meredith v. Jefferson County, Ky Board of Education as an amicus and sat second chair during oral argument before the United States Supreme Court to assist the attorney arguing on behalf of Crystal Meredith.
Ms. Browne was named a California Lawyer of the Year in 2004 for her achievements in defending and implementing Proposition 209, the California Civil Rights Initiative, which ended race- and sex- based discrimination and preferences in public contracting, public employment, and public education. A few of her cases include Hi-Voltage Wire Works v. San Jose, 24 Cal. 4th 537 (2000), a unanimous judgment of the California Supreme Court interpreting Proposition 209, the voter approved initiative, which amended the California Constitution to prohibit race- and sex-based discrimination and preferences in public education, public employment, and public education; Crawford v. Huntington Beach Union High School District, 98 Cal. App. 4th 1275 (2002), the first case to apply Proposition 209 to K-12 public education; and C & C Construction v. Sacramento Municipal Utility District, 122 Cal. App. 4th 284 (2004), the first case to interpret Proposition 209's federal funding exception.
Principal, Law Offices of David Balto and Health Policy Program, New America Foundation
David Balto is one of the leading experts on healthcare competition and regulation and is an antitrust attorney with over a quarter century of experience in both the private and public sectors. He is a prolific writer and speaker on antitrust, consumer protection, and health care policy.
Mr. Balto has over 15 years of government antitrust experience as a trial attorney in the Antitrust Division of the Department of Justice and in several senior level positions at the Federal Trade Commission during the Clinton Administration, including Policy Director of the Bureau of Competition (1998-2001) and attorney advisor to Chairman Robert Pitofsky (1995-1997). In these positions, he was a senior advisor in all aspects of the FTC's merger and non-merger enforcement program, helping to litigate the challenges to the Staples/Office Depot, Drug Wholesalers, and Heinz/Beechnut mergers.
Mr. Balto also helped guide many of the FTC's seminal pharmaceutical and healthcare enforcement efforts, identifying and helping litigate major cases such as the challenges to patent settlement agreements, hospital mergers, and other exclusionary conduct. He was an advisor in many of the FTC's pharmaceutical merger enforcement cases, including Glaxo/Smithkline, Merck/Medco, Lilly/PCS and Ciba/Sandoz, and was instrumental in bringing some of the first enforcement actions against pharmacy benefit managers (PBMs). He was also an author of the 1996 DOJ/FTC healthcare antitrust enforcement guidelines, and served as a liaison on competition issues to the Food and Drug Administration and Congress, advising several Committees on pharmaceutical competition and Hatch-Waxman reform.
Since his transition to private practice, Balto has testified before Congress and state legislatures numerous times on healthcare competition issues and the competitive concerns in health insurance and pharmacy benefit management markets. He has authored studies on health care concentration (sponsored by the Robert Wood Johnson Foundation) and healthcare transparency. He frequently represents hospitals, pharmacies and other healthcare providers in antitrust matters before the DOJ and the FTC.
Mr. Balto received his B.A. from the University of Minnesota, and his J.D. from the Northeastern University School of Law.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit.
His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the
Louisville office of the firm Bingham Greenebaum Doll (now Dentons Bingham Greenebaum),
where he also was co-chair of the firm’s litigation department. He began his legal practice in the
Washington, D.C. office of Gibson Dunn & Crutcher.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of
Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University,
and cum laude from Harvard Law School. He is an adjunct lecturer at The George Washington
University Law School and the Brandeis School of Law at the University of Louisville.
Expanding State Constitutional Rights in Criminal Law
Publius
The Supreme Court of Wisconsin has issued a series of decisions in its 2004-2005 term...
Washington State Supreme Court Hands Down Decision in Eminent Domain Case
Publius
In HTK Management, L.L.C. v. Seattle Popular Monorail Authority (Wash. 2005), the Washington State Supreme...
5th Annual Barbara K. Olson Memorial Lecture
Eugene B. Meyer, A. Raymond Randolph
2005 National Lawyers Convention
On September 11, 2001, at the age of 45 and at the height of her...
The Proliferation of State Statutes Using Racial and Ethnic Classifications
Shawn Nevill, Roger B. Clegg
Classifications along racial and ethnic lines have long been criticized by those who favor equal...
The Proliferation of State Statutes Using Racial and Ethnic Classifications
Shawn Nevill, Roger B. Clegg
Classifications along racial and ethnic lines have long been criticized by those who favor equal...
State Court Docket Watch October 2005
John Shu, Megan L. Brown, Paige Jones, Terry Williamson, William T. Kamb
Table of Contents
Product Liability Greatly Expanded in Wisconsin Recent Gay Marriage Rulings by John Shu Update: Montoy...
What Will the Government Do With Your Confidential Pricing Information Once You Enter Into A Federal Contract?
Patricia H. Becker
It comes as no surprise that doing business with the federal government raises many unique...
Colwell v. United States Department of Health and Human Services: Feds Order Physicians and Health Care Providers to Provide Free Language Translation Services to Limited English Proficient Patients
Sharon L. Browne
For 2,400 years, society has been confident that properly trained, competent, and compassionate physicians will...
What if Judge Bork had become Justice Bork?
David Balto
Maybe it’s that I am a Boston Red Sox fan: I always ask “what if?”...
United Stated v. Dentsply International: Putting Teeth into Exclusive-Dealing Claims?
John K. Bush
In many courts, an antitrust challenge to an exclusive contract can be called a “Rodney...