Howard M. Holtzmann Professor of International Law, Yale Law School
Lea Brilmayer is the Howard M. Holtzmann Professor of International Law at Yale Law School. In addition to teaching Contracts to first-year students, she also teaches Conflict of Laws and International Courts and Tribunals, as well as seminars on the laws of war and on African current affairs. Her degrees include a B.A. in mathematics and a J.D. from the University of California at Berkeley, as well as an LL.M. from Columbia Law School. Brilmayer has taught at a number of different law schools as either a professor or visiting professor, including the University of Texas, the University of Chicago, the University of Michigan, Columbia Law School, Harvard Law School, and the New York University School of Law (where she led a weekly seminar on International Jurisprudence.) She is a member of the Texas and Supreme Court bars. She has given numerous endowed lectures at other American law schools and has also taught twice at the summer session of the Hague Academy of International Law.
During her first decade of teaching, her writing interests mainly concerned conflict of laws (in particular, personal jurisdiction and choice of law); federal jurisdiction; and jurisprudence. Her conflict of laws writings have included one theoretical book on the subject and a leading casebook (in the more recent editions, co-authored with Jack Goldsmith). Together with a group of Yale student contributors, she published An Introduction to Jurisdiction in the American Federal System. Her writings on the conflict of laws have resulted in her being asked on a number of occasions to testify before Congressional committees, most recently on the Full Faith and Credit implications of same sex marriage. More recently, her interests have gradually turned to international law and international relations, and she is frequently cited for her academic writings about nationalism and the international legal status of secessionist movements. Her research in international jurisprudence has also led to two books, Justifying International Acts and American Hegemony: Political Morality in a One-Superpower World.
In addition to her academic interests, Brilmayer carries on an active life in interstate and international adjudication. In addition to contributing to amicus briefs, she has served as counsel of record before the United States Supreme Court and has been an expert consultant on many lower and intermediate appellate court cases. For the last decade she has served as lead counsel in several international public (state-to-state) arbitrations dealing with island sovereignty, maritime delimitation, land boundaries, and mass claims for violations of the laws of war.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
Senior Judge, United States Court of Appeals, Fifth Circuit
Patrick Errol Higginbotham is a federal judge on senior status with the United States Court of Appeals for the 5th Circuit. He joined the court in 1982 after being nominated by President Ronald Reagan.
Contributing Writer, Vanity Fair
Michael Kinsley is a Contributing Writer for Vanity Fair, where his column appears monthly. Over a long career in the media, he has been Managing Editor of the Washington Monthly, Editor of the New Republic, and Editorial and Opinion Editor of the Los Angeles Times. He was the Founding Editor of Slate, one of the first on-line magazines. For over six years Kinsley was the liberal host of Crossfire, a CNN show where he sparred with Pat Buchanan five days a week. He played a similar role for many years with William F. Buckley on PBS’s Firing Line. He has written for The New Yorker, Conde Nast Traveler, and other publications.
U.S. Court of Appeals, Ninth Circuit
Stephen Roy Reinhardt is a federal appeals judge with the United States Court of Appeals for the Ninth Circuit in San Francisco. He joined the Court in 1980 after being nominated by President Jimmy Carter.
Born in New York City, New York, Reinhardt graduated from Pomona College with his Bachelor's degree in 1951 and later received a Bachelors of Laws degree, LL.B, from Yale Law School in 1954. Reinhardt served in the U.S. Air Force from 1954 to 1956 before becoming a law clerk for the Honorable Luther Youngdahl in the United States District Court for the District of Columbia until 1957. Reinhardt was a private practice attorney in the State of California from 1957 to 1980. Reinhardt was nominated to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter on November 30, 1979, to a new seat created by 92 Stat. 1629, which was approved by Congress. Reinhardt was confirmed by the U.S. Senate on September 11, 1980 and received commission on September 11, 1980.
Senior Policy Analyst for Technology and Innovation, Americans for Prosperity
Billy Easley is Americans for Prosperity’s Senior Policy Analyst for technology and innovation. In this role, he reviews state and federal policy on digital free speech, privacy, government surveillance, autonomous vehicles and related policies. Previously he served as a legislative specialist for the United States Sentencing Commission where he authored a paper on the relationship between age and recidivism among federal prisoners. Billy started his career working for the Senate Homeland Security and Governmental Affairs Committee and as Senator Rand Paul’s legal counsel for technology and criminal justice policy.
Partner, Freshfields Bruckhaus Deringer LLP
Jan represents clients on a range of antitrust issues relating to the US merger control and review process, multijurisdictional merger control, joint ventures, civil antitrust litigation, and investigations before the US Department of Justice (DOJ) and the Federal Trade Commission (FTC).
Prior to rejoining Freshfields in 2015, Jan served as an attorney adviser to a FTC Commissioner. While at the FTC, Jan advised on a range of competition and consumer protection issues, including providing merger and conduct enforcement recommendations, developing legislation and policy initiatives with Congress, and drafting formal statements, policy speeches, and Congressional testimony.
Jan has published several articles on antitrust law and policy. Jan was awarded the 2019 Antitrust Writing Award, a joint initiative between Concurrences Review and the George Washington University Law School, in the Best Business Article, General category for "Hipster Antitrust Meets Public Choice Economics: The Consumer Welfare Standard, Rule of Law, and Rent Seeking." Jan also was award the 2017 Antitrust Writing Award in the Best Academic Article, Mergers category for his article “A Hedgehog in Fox’s Clothing? The Misapplication of GUPPI Analysis.”
Jan is an Adjunct Professor and Senior Fellow at the Global Antitrust Institute at the Antonin Scalia Law School at George Mason University, where he teaches courses in antitrust law and economics. Jan is an active member of the ABA’s Antitrust Section and currently serves as an Editor for the Antitrust Law Journal, a leading publication for antitrust law, policy, and economics that is widely read by the antitrust bar.
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
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.
Panel V: The Conflict Between Text and Precedent in Constitutional Adjudication [Archive Collection]
Lea Brilmayer, Charles J. Cooper, Frank H. Easterbrook, Patrick E. Higginbotham, Michael Kinsley, Stephen Reinhardt
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