David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia, and previously was Frank Stanton Professor of the First Amendment at Harvard University. A Fellow of the American Academy of Arts and Sciences and recipient of a Guggenheim Fellowship, Schauer is the author of The Law of Obscenity (BNA, 1976), Free Speech: A Philosophical Enquiry (Cambridge, 1982), Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Oxford, 1991), Profiles, Probabilities, and Stereotypes (Harvard, 2003), Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Harvard, 2009), and The Force of Law (Harvard, 2015). The editor of Karl Llewellyn, The Theory of Rules (Chicago, 2011), and a founding editor of Legal Theory, he has chaired the Section on Constitutional Law of the Association of American Law Schools and the Committee on Philosophy and Law of the American Philosophical Association. In 2005 he wrote the Foreword to the Harvard Law Review’s Supreme Court issue, and has written widely on freedom of speech, constitutional interpretation, evidence, legal reasoning, and the philosophy of law.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
James Monroe Distinguished Professor of Law and Albert Clark Tate, Jr., Professor of Law, University of Virginia School of Law
Professor Saikrishna Prakash’s scholarship focuses on separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers at the Law School.
Prakash’s most recent book, “The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers,” was published by Harvard Belknap Press in 2020. He also authored “Imperial from the Beginning: The Constitution of the Original Executive” (Yale University Press, 2015). The former book focuses on the modern presidency while the latter considers the presidency of the Founders.
Prakash has authored over 75 law review articles. Among them are “Of Synchronicity and Supreme Law” in the Harvard Law Review, “The Indefensible Duty to Defend” in the Columbia Law Review, and “50 States, 50 Attorneys General and 50 Approaches to the Duty to Defend” and “The Executive Power Over Foreign Affairs” in the Yale Law Journal.
Prakash has published op-eds in The New York Times, The Wall Street Journal and the Los Angeles Times. At the request of Democrats and Republicans, he has testified before Congress on matters of presidential removal, the Mueller Report and how Congress might better check the presidency. He is currently a Miller Center Senior Fellow. In 2015, he received the Roger Traynor award for faculty scholarship. In the same year, he received an honorable mention from the American Society of Legal Writers for his book “Imperial from the Beginning.” He has given named lectures at William & Mary Law School, Princeton University and Toledo Law School, and keynote addresses at several conferences.
Prakash majored in economics and political science at Stanford University. At Yale Law School, he served as senior editor of the Yale Law Journal and received the John M. Olin Fellowship in Law, Economics and Public Policy. He subsequently clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Clarence Thomas of the U.S. Supreme Court. After practicing in New York for two years, he served as a visiting professor at the University of Illinois College of Law and as an associate professor at Boston University School of Law. He then spent several years at the University of San Diego School of Law as the Herzog Research Professor of Law. Prakash has been a visiting professor at Northwestern University and the University of Chicago. He also has served as a James Madison Fellow at Princeton University and Visiting Research Fellow at the Hoover Institution of War & Peace at Stanford University.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
H.H. Macaulay Endowed Professor of Economics, Clemson College of Business
Thomas Hazlett is the Hugh H. Macaulay Endowed Professor of Economics at Clemson University. He has previously held faculty positions at George Mason University, the University of California, Davis, and the Wharton School, and served as Chief Economist of the Federal Communications Commission. A noted expert in regulatory economics and information markets, his research has appeared in academic forums such as the Journal of Law & Economics, RAND Journal of Economics, the Journal of Financial Economics, the University of Pennsylvania Law Review and the Columbia Law Review. He has also written for such popular periodicals as the Wall Street Journal, The Economist, Slate, the N.Y. Times, N.Y. Daily News, Reuters.com, Business Week, The New Republic and the Financial Times. His most recent book, The Political Spectrum: The Tumultuous Liberation of Wireless Technology, from Herbert Hoover to the Smartphone, (Yale, 2017), was featured as one of the top tech books of the year at CES 2018.
Chief Legal + Administrative Officer, Waystar Health
Matthew R. A. Heiman leads all legal and corporate governance matters for Waystar. Over the last two decades, he has worked in corporate and government sectors, gaining deep experience in the areas of corporate governance, litigation, risk management, security, and compliance.
Most recently, Matthew was Vice President, Corporate Secretary & Associate General Counsel at Johnson Controls where he helped establish a new corporate secretary department and led the integration of legal departments following the company’s merger with Tyco International. Prior to its merger with Johnson Controls, Matthew held a number of positions with Tyco International including Vice President, Chief Compliance & Audit Officer. Before Tyco, Matthew was a lawyer with the National Security Division at the U.S Department of Justice. He was a legal advisor to the Coalition Provisional Authority in Baghdad, Iraq and practiced as a trial lawyer with the law firm of McGuireWoods.
Matthew holds a BA and JD from Indiana University and is a member of the International Institute for Strategic Studies. He is a Senior Fellow at George Mason University’s National Security Institute.
Founder and Executive Director, National Security Institute; Assistant Professor of Law, Antonin Scalia Law School, George Mason University
Jamil N. Jaffer is the Founder and Executive Director of the National Security Institute at the Antonin Scalia Law School at George Mason University where he also serves as an Assistant Professor of Law, Director of the National Security Law and Policy Program, and Director of the Cyber, Intelligence, and National Security LLM Program. Jamil also teaches classes on counterterrorism, intelligence, surveillance, cybersecurity, and other national security matters, as well as a summer course held abroad with U.S. Supreme Court Justice Neil M. Gorsuch. Jamil is also affiliated with Stanford University’s Center for International Security and Cooperation and previously served as a Visiting Fellow at the Hoover Institution from 2016 to 2019.
Jamil is also a Venture Partner with Paladin Capital Group, where he assists the firm with investments across the full range of its themes and theses, including a focus on dual-use national security technologies. Jamil also serves on the board of directors of RangeForce, a cybersecurity training and readiness platform startup and Tozny, a digital identity startup, and on the advisory boards of U.S. Strategic Metals, North America’s largest primary producer of cobalt, a critical mineral used in EV batteries, aerospace, and other national security applications; and Constella Intelligence, a deep and dark web intelligence startup. Jamil also serves as an advisor to Beacon Global Strategies, a strategic advisory firm and Duco, a technology platform startup that connects corporations with geopolitical and international business experts. Jamil is also the managing director of Trigraph Caveat Capital, a private investment vehicle.
Among other things, Jamil currently serves on the Board of Directors for the Greater Washington Board of Trade, the Board of Advisors for the Global Cyber Alliance, and the Advisory Board of the Foundation for the Defense of Democracies’ Center on Cyber and Tech Innovation, the Executive Committee of the Reagan Institute Strategy Group. Jamil is also a Fellow at the Academy for Judaic, Christian, and Islamic Studies, an advisor to the Concordia Summit, and is a member of the Board of Directors for the Center for Intelligence Policy, the Board of Directors of Speech First, and the Executive Committee of the International Law and National Security Practice Group of the Federalist Society.
Immediately prior to his current positions, from 2015-2021, Jamil served as a senior business leader at IronNet Cybersecurity, helping take the company from a bootstrapped first-year technology products startup through two rounds of venture capital fundraising, growing from 40 employees to over 300, and through its listing on New York Stock Exchange. In his role as IronNet's Senior Vice President for Strategy, Partnerships & Corporate Development, Jamil worked directly for the co-CEOs of the company, Gen (ret.) Keith B. Alexander, the former Director of the National Security Agency and Founding Commander of U.S. Cyber Command, and Bill Welch, the former COO of Zscaler and Duo; in that role, Jamil led all of the company’s strategic and technology partnership efforts, including developing go-to-market and technology integration plans with some of the largest cloud platforms and cybersecurity companies in the market, evaluating potential acquisition targets, and developing overall corporate strategy and thought leadership around collective security and collaborative defense in the cyber arena.
Prior to his time at IronNet, Jamil served on the leadership team of the Senate Foreign Relations Committee as Chief Counsel and Senior Advisor under Chairman Bob Corker (R-TN), where he worked on key national security and foreign policy issues, including leading the drafting of the proposed Authorization for the Use of Military Force against ISIS in 2014 and 2015, the AUMF against Syria in 2013, and revisions to the 9/11 AUMF against al Qaeda. Jamil was also the lead architect of the Iran Nuclear Agreement Review Act and two sanctions laws against Russia for its first intervention in Ukraine.
Prior to joining SFRC, Jamil served as Senior Counsel to the House Permanent Select Committee on Intelligence under Chairman Mike Rogers (R-MI) where he led the committee’s oversight of NSA surveillance, NRO intelligence issues, and NGA analytic and collection matters, as well as intelligence community-wide counterterrorism issues. Jamil was also the lead architect of the Cyber Intelligence Sharing and Protection Act, the nation’s first cyber threat intelligence sharing legislation that was signed into law in 2015.
In the Bush Administration, Jamil served in the White House as an Associate Counsel to the President, handling Defense Department, State Department, and intelligence community matters, and serving as one of the White House Counsel’s primary representatives to the National Security Council Deputies Committee.
Prior to the White House, Jamil served on the leadership team of the Justice Department’s National Security Division as Counsel to the Assistant Attorney General for National Security, where he focused on counterterrorism and intelligence matters. At NSD, Jamil helped lead the division’s work on In re: Directives, the first ever two-party litigated matter in the FISA Court and the second case before the FISA Court of Review in its 30-year history. Jamil also led NSD’s efforts on the President’s Comprehensive National Cybersecurity Initiative (CNCI), including the drafting of NSPD-54/HSPD-23, and related classified matters, and advised the National Security Agency (NSA) and U.S. Cyber Command’s predecessor organization, the Joint Function Component Command for Network Warfare (JFCC-NW), on matters related to cyber intelligence collection and offensive cyber activities. For his work on these matters, Jamil was awarded the Assistant Attorney General’s Award for Special Initiative and was among the group of lawyers awarded the Director of National Intelligence’s 2008 Legal Award (Team of the Year – Cyber Legal).
Jamil also served in other positions in the Justice Department, including in the Office of Legal Policy, where he worked on the confirmations of Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Jamil also served as a lawyer in private practice at Kellogg Huber, a Washington, DC-based litigation boutique, as a policy advisor to Congressman Bob Goodlatte (R-VA), and as a staff member or senior advisor on a number of political campaigns, including two presidential campaigns and a presidential transition team. While in law school, Jamil was a member of the University of Chicago Law Review, managing editor of the Chicago Journal of International Law, and National Symposium Editor of the Harvard Journal of Law & Public Policy. Following law school, Jamil served as a law clerk to Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit and, later in his career, as a law clerk to then-Judge Neil M. Gorsuch when he first joined the United States Court of Appeals for the Tenth Circuit as well as a law clerk to Justice Neil Gorsuch when he joined the U.S. Supreme Court.
Jamil has published multiple op-eds and academic articles on national security, foreign policy, cybersecurity, counterterrorism, encryption, and intelligence matters, and is the co-author of a book chapter with former NSA Director Gen. (Ret.) Keith B. Alexander on national security and the press in National Security, Leaks, and the Freedom of the Press: The Pentagon Papers Fifty Years On (2021) and a book chapter with former CIA Director Gen. (ret.) Mike Hayden on ISIS, al Qaeda, and other international terrorist groups in Choosing to Lead: American Foreign Policy for a Disordered World (2015). Jamil has also written book chapters on cybersecurity and surveillance, as well as op-eds and policy papers with former Attorney General Michael B. Mukasey, former National Counterterrorism Center Director Matt Olsen, and Congressman Mike Waltz (R-FL), among others.
Jamil has previously taught graduate-level courses in intelligence law and policy at George Washington University’s Elliott School of International Affairs and the National Intelligence University, served an outside advisor to the Cyberspace Solarium Commission, and has recently testified before committees of the U.S. Senate and House of Representatives on China, cybersecurity, counterterrorism, and other national security matters. Jamil has also recently appeared on a range of national television and radio outlets including CNN, Fox News, Fox Business, MSNBC, Bloomberg, PBS, Voice of America, and National Public Radio, and in various print and online publications, including the Wall Street Journal, New York Times, and the Washington Post on a range of national security matters including cybersecurity, counterterrorism, surveillance, encryption, privacy, and foreign policy issues.
Jamil holds degrees from UCLA (BA, cum laude), the University of Chicago Law School (JD, with honors), and the United States Naval War College (MA, with distinction).
Nonresident Senior Fellow, Cyber Statecraft Initiative, Atlantic Council
Megan Stifel is a Nonresident Senior Fellow with the Cyber Statecraft Initiative at the Brent Scowcroft Center on International Security and the Founder of Silicon Harbor Consultants, which provides strategic cybersecurity operations and policy counsel. Prior to founding Silicon Harbor Consultants, she was an attorney in the National Security Division at the U.S. Department of Justice (DOJ). She most recently served on detail as a Director for International Cyber Policy in the National Security Council at the White House. In this role Ms. Stifel developed and implemented policies in connection with Internet governance, cybersecurity, and cybercrime.
Prior to the White House, Ms. Stifel worked at the Computer Crime and Intellectual Property Section (CCIPS). At CCIPS she collaborated with law enforcement agencies to investigate and prosecute computer crime cases, including identity theft, network intrusion, and malware distribution.
Ms. Stifel also previously served as the Director for Cyber Policy at NSD, where she coordinated the Division's policy and legal analysis in connection with the 2009 Cyberspace Policy Review (CSPR) and the 2008 Comprehensive National Cybersecurity Initiative, cyber-related legislative proposals, cybersecurity investigations, cyber operations, and the telecommunications supply chain. She was a member of the interagency group that developed the 2011 International Strategy for Cyberspace and the CSPR.
Ms. Stifel earned her B.A. in International Studies and German, magna cum laude, from the University of Notre Dame and her J.D. from Indiana University.
Speak Freely: Why Universities Must Defend Free Speech - Faculty Division Bookshelf
Frederick Schauer
Bookshelf featuring Keith Whittington and Fred Schauer
In this episode of Bookshelf, Prof. Keith Whittington, the William Nelson Cromwell Professor of Politics...
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Modern Privacy Advocacy
There are many aphorisms to describe the dangers of maximalist demands: a bird in the...
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Can Tribal Immunity Shield Blockbuster Drugs from PTAB Scrutiny?
The Patent Trial & Appeal Board, an administrative panel created as part of the America...
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Net Neutrality - CRA Weekly Roundup
Today, the Federal Communications Commission’s (“FCC’s”) Restoring Internet Freedom Declaratory Ruling, Report and Order, and...
The Executive Power [NSS 2018]
Michael W. McConnell
Short video featuring Michael McConnell
Why were the Founders so suspicious of executive authority? Professor Michael McConnell speaks of the...
Congress as Elephant
Saikrishna Prakash
Professor Sai Prakash has published a new Article I Paper in the Virigina Law Review,...
2018 Joseph Story Award: Prof. Josh Blackman [NSS 2018]
Josh Blackman
On March 10, 2018, the Federalist Society presented Prof. Josh Blackman of South Texas College...
What to do about Facebook: On Data Privacy and the Future of Tech Regulation
Thomas Hazlett, Matthew R. A. Heiman, Jamil N. Jaffer, Megan Stifel
Regulatory Transparency Project Teleforum
Facebook is not getting many "likes" these days following revelations that Cambridge Analytica accessed personal...
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The President's Power to Keep Congress at Work
Nearly a year and a half in to his first term as president, the Senate...
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The Lives of the Constitution - A Conversation with the Author
Below is a conversation with author Joseph Tartakovsky about his new book, The Lives of...