Judge, United States Court of Appeals, Second Circuit
Judge Winter was appointed United States Circuit Judge for the Second Circuit on December 10, 1981 and entered on duty January 5, 1982. He received a B.A. degree from Yale College in 1957 and an LL.B. degree from Yale Law School in 1960. He served as a law clerk to Judge Caleb M. Wright, Chief Judge, U.S. District Court, Delaware, 1960-61, and to Judge Thurgood Marshall, U.S. Court of Appeals, Second Circuit, 1961-62.
Judge Winter was a full-time member of the Yale Law School Faculty from 1962 until entering judicial service. At the time of his appointment, he was the William K. Townsend Professor of Law. He was also a Consultant to the Subcommittee of Separation of Powers, Committee on the Judiciary, U.S. Senate from 1968 to 1972, a Senior Fellow, The Brookings Institute, Washington, D.C. from 1968 to 1970, a John Simon Guggenheim Fellow from 1971 to 1972 and an Adjutant Scholar, American Enterprise Institute from 1972 to 1981.
He served from 1987 to 1992 as a member of the Judicial Conference Advisory Committee on Civil Rules. He served as Chair of the Judicial Conference Advisory Committee on the Rules of Evidence from 1992 to 1996. From July 1, 1997 to September 30, 2000, Judge Winter served as Chief Judge of the U.S. Court of Appeals for the Second Circuit. In April 1998, he was appointed to the Executive Committee of the U.S. Judicial Conference. From October 1999 to September 2000, he served as Chair of the Executive Committee. On October 1, 2000, he took Senior Judge status.
He served as Chair of the Committee to Review Circuit Council Conduct and Disability Orders from 2005 to 2008. He was a member of the United States Foreign Intelligence Surveillance Act Court of Review from 2003 to 2010.
Judge Winter has received the Connecticut Law Review Award, Honorary Doctors of Law from Brooklyn Law School and New York Law School, the Federal Bar Council's Learned Hand Award for Excellence in Federal Jurisprudence, and the Yale Law School's Association's Award of Merit. He is a Fellow of the American Academy of Arts and Sciences.
Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School
Jonathan R. Macey is Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law at Yale University, and Professor in the Yale School of Management. From 1991 – 2004, Professor Macey was J. DuPratt White Professor of Law, Director of the John M. Olin Program in Law and Economics at Cornell Law School, and Professor of Law and Business at the Cornell University Johnson Graduate School of Business. Professor Macey earned his B.A. cum laude from Harvard in 1977, and his J.D. from Yale Law School in 1982, where he was Article and Book Review editor of The Yale Law Journal. In 1996, Professor Macey received a Ph.D. honoris causa from the Stockholm School of Economics. Following law school, Professor Macey was law clerk to Judge Henry J. Friendly on the U.S. Court of Appeals for the Second Circuit.
Professor Macey is the author of several books including the two-volume treatise, Macey on Corporation Laws, published in 1998 (Aspen Law & Business), and co-author of two leading casebooks, Corporations: Including Partnerships and Limited Liability Companies (2003 Thomson West), which is in its eighth edition, and Banking Law and Regulation (2002 Aspen Law & Business), which is now in its third edition. He also is the author of over 100 scholarly articles. His recent articles have appeared in the Banking Law Journal, the University of Chicago Law Review, the Stanford Law Review, The Yale Law Journal, the Cornell Law Review, the Journal of Law and Economics, and the Brookings Wharton Papers on Financial Institutions. He has published numerous editorials in such publications as The Wall Street Journal, Forbes, The Los Angeles Times, and The National Law Journal.
Professor Macey has taught at major universities throughout the world, including Bocconi University (Milan), the University of Tokyo; the University of Toronto; the University of Turin, the University of Amsterdam Department of Finance, and the Stockholm School of Economics, Department of Law. He also has been Professor of Law at the University of Chicago (1990) and Visiting Professor of Law at Harvard Law School (1999). Professor Macey is a Senior Research Fellow at the International Centre for Economic Research (ICER) in Turin, Italy. Professor Macey also serves on the Academic Advisory Board (Comitato Scientifico) of the Associazione Disiano Preite for the study of corporate law (per lo studio del diritto dell’impresa). In 1995, Professor Macey was awarded the Paul M. Bator prize for excellence in Teaching, Scholarship and Public Service by the Federalist Society for Law and Public Policy. In 1996, he received a Ph.D., honoris causa from the Stockholm School of Economics. And in 1998, he received the D.P. Jacobs prize for the most significant paper in volume 6 of the Journal of Financial Intermediation for his paper (co-authored with Maureen O’Hara), “The Law & Economics of Best Execution.”
In 1999 Professor Macey was made an honorary Fellow of the Society For Advanced Legal Studies. In 2000, Professor Macey became a member of the Legal Advisory Committee to the Board of Directors of the New York Stock Exchange. In 2001 Professor Macey was appointed a Bertil Daniellson Distinguished Visiting Professor in Banking and Finance at the Stockholm School of Economics. In 2002 Professor Macey was appointed to the Economic Advisory Board of the National Association of Securities Dealers (NASD). In 2004 Professor Macey was awarded a Teaching Award by the Yale Law Women in recognition of his “commitment to excellence in teaching, mentoring and inspiring.” In 2005 Professor Macey became a member of the Board of Editors of Thomson West Publishing Company.
CEO, Asset Forfeiture Law, LLC
As a federal prosecutor, Stefan D. Cassella was one of the federal government’s leading experts on asset forfeiture and money laundering law for over thirty years. He now serves as an expert witness and consultant to law enforcement agencies and the private sector as the CEO of AssetForfeitureLaw, LLC.
As a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section and later as the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney’s Office in Baltimore, Maryland, Mr. Cassella litigated some of the Government’s most significant forfeiture and money laundering cases and drafted many of the federal forfeiture and money laundering statutes.
He is the author of Asset Forfeiture Law in the United States, a one-volume resource designed to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statutes, rules and cases that govern this dynamic area of the law, and of more than 40 law review articles on money laundering and forfeiture. He has trained state and federal prosecutors and agents and their counterparts in numerous foreign countries, including over 200 lectures at the National Advocacy Center at the University of South Carolina.
Mr. Cassella is also the author and publisher of the Money Laundering and Forfeiture Digest, a monthly compendium of the forfeiture and money laundering cases decided by the federal courts that is circulated to hundreds of state, federal and foreign prosecutors and lawyers, law enforcement agents, academics and policy makers in the U.S. and abroad.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
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.
Achieving Meaningful Civil Justice Reform: Is the Defense Bar a Problem?
Ralph K. Winter
Corporations, Securities & Antitrust Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
Today's luncheon program is titled, "Meaningful Change in our Civil Justice System: Is the Defense...
Corporate Governance and Banking in Germany, Japan, and the United States
Jonathan R. Macey
Corporations, Securities & Antitrust Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
Editor's note: This article is based on a speech that Macey delivered at the Nobel...
SEC To Revisit Social Activism and Shareholder Proposal Rule
Joseph P. Galda
Corporations, Securities & Antitrust Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
The SEC has once again been put at the center stage of a long-standing dispute...
Forfeiture is Reasonable, and It Works
Stefan D. Cassella
Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
*Note: In the Spring 1997 issue of the Criminal Law & Procedure Practice Group Newsletter,...
Forfeiting Reason
Roger Pilon
Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
*Note: In the Spring 1997 issue of the Criminal Law & Procedure Practice Group Newsletter,...
ABA Death Penalty Resolution
Kent Scheidegger
Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
On February 3, the American Bar Association adopted a resolution calling for a moratorium on...
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...