The Future of Originalism: Conflicts & Controversies
Virginia Student Chapter
University of Virginia School of Law580 Massie Rd
Charlottesville, VA 22903
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Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
David and Mary Harrison Distinguished Professor of Law Emeritus, University of Virginia School of Law
Lillian BeVier taught constitutional law (with special emphasis on First Amendment issues), intellectual property (trademark, copyright), real property and torts from 1973-2010 at the Law School, and now teaches a January Term course on judicial philosophy.
At Stanford Law School, BeVier was revising editor for the Stanford Law Review and a member of the Order of the Coif. Before coming to Virginia, she was associate professor of law at the University of Santa Clara Law School; practiced law with Spaeth Blase Valentine & Klein in Palo Alto, Calif.; served as research associate to Professor William F. Baxter at Stanford University Law School, working on the FAA-ABA study of the legal aspects of airport noise and the sonic boom; and was assistant to the general secretary and assistant staff legal counsel for Stanford University.
BeVier received the University of Virginia Alumni Association Distinguished Professor Award in 2006. The Raven Society elected her to membership in 1993 and honored her with the faculty award in 2010. She delivered the Henry Miller Memorial Lecture at Georgia State Law School in 2005, the Coen Memorial Lecture at the University of Colorado Law School in 2000, and the David C. Baum Lecture on Civil Rights and Civil Liberties at the University of Illinois Law School in 1996. In 1999, at the invitation of the Supreme Court Historical Society, she spoke to the Society on Free Expression in the Warren and Burger Courts. Suffolk University awarded her an honorary S.J.D. degree in 1998. In the fall of 2003, she was a visiting scholar at the National Constitution Center in Philadelphia.
Having been nominated by President Bush and confirmed by the Senate in 2003, she served as vice-chair of the Board of Directors of the Legal Services Corporation until 2009. She serves on the national Board of Visitors of the Federalist Society. Within the Charlottesville community, BeVier has served as chair of the Board of Trustees of St. Anne’s-Belfield School and of the Martha Jefferson Hospital. She is currently chair of the board of the Martha Jefferson Health Services Corporation and of Piedmont CASA (Court-Appointed Special Advocates).
Shareholder, Greenberg Traurig, LLP
Dominic E. Draye has litigated at every level of the state and federal judiciary—from state trial court to the Supreme Court of the United States. His practice focuses on constitutional, regulatory, and environmental matters, and he has represented clients in both the public and private sectors. In the federal appellate courts, Mr. Draye has represented clients in the Second, Fifth, Seventh, Ninth, and D.C. Circuits.
Before joining Greenberg, Mr. Draye served as the Solicitor General of Arizona, where he briefed and argued the State’s highest-profile civil and criminal appeals and served as lead counsel for several multi-state coalitions litigating over agency rulemaking in the D.C. Circuit. Prior to government service, Mr. Draye was a litigator in the Washington, D.C., office of Kirkland & Ellis LLP, where his practice focused on legal issues and appeals.
Mr. Draye is a sought-after speaker on topics of administrative and constitutional law. He clerked for Hon. Edith H. Jones on the United States Court of Appeals for the Fifth Circuit and attended the University of Pennsylvania Law School.
Special Counsel, Hunton Andrews Kurth
After serving on the United State Court of Appeals for the D. C. Circuit from 2005, Judge Griffith stepped down from the bench in 2020. Currently he is a Lecturer on Law at Harvard Law School, a Fellow at the Wheatley Institute at Brigham Young University, and Special Counsel in the Washington, DC office of the law firm of Hunton Andrews Kurth. Most recently, he was a member of President Biden's Commission on the Supreme Court. He is the author of Civic Charity and the Constitution , and the co-author, along with former judges Michael Luttig and Michael McConnell, of Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election. https://lostnotstolen.org/ . Before being appointed to the D. C. Circuit, Judge Griffith was the General Counsel at BYU; Senate Legal Counsel, the non-partisan chief legal officer of the U. S. Senate; and a partner at Wiley, Rein & Fielding. Long active in rule-of-law programs in former communist nations, Judge Griffith is a member of the international advisory board of the CEELI Institute in Prague. He is a graduate of BYU and the University of Virginia School of Law and is a member of the American Law Institute.
James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law, University of Virginia School of Law
Professor John C. Harrison is the James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law at the University of Virginia School of Law. He joined the faculty at University of Virginia in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.
A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
John S. Battle Professor of Law, University of Virginia School of Law
Julia D. Mahoney teaches courses in property, government finance, constitutional law and nonprofit organizations. A graduate of Yale Law School, she joined the University of Virginia faculty as an associate professor in 1999 and is now John S. Battle Professor of Law. She has also taught at the University of Southern California Law School and the University of Chicago Law School, and before entering the legal academy, practiced law at the New York firm Wachtell, Lipton, Rosen & Katz. Her scholarly articles include works on land preservation, eminent domain, health care reform and property rights in human biological materials.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Antonin Scalia Professor of Law, Harvard Law School
Stephen E. Sachs is the Antonin Scalia Professor of Law at Harvard Law School, where he teaches civil procedure, conflict of laws, and seminars on constitutional law. His research focuses on the law and theory of constitutional interpretation, the jurisdiction of state and federal courts, the history of procedure and private law, and the role of the general common law in the U.S. legal system.
Sachs has authored numerous articles, essays, and book chapters. He is an elected member of the American Law Institute, an adviser to the ALI’s project on the Restatement of the Law (Third), Conflict of Laws, a former member of the Judicial Conference’s Advisory Committee on Appellate Rules, and a founding member of the Academic Freedom Alliance.
In 2020, Sachs received the Federalist Society’s Joseph Story Award, which recognizes a young academic who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society.
Sachs previously taught at Duke University School of Law and as a visiting professor at the University of Chicago Law School. Before entering academia, he practiced in the Washington, D.C., litigation group of Mayer Brown LLP, and he clerked for Chief Justice John G. Roberts Jr. as well as for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit.
Sachs received his J.D. from Yale Law School, where he was executive editor of the Yale Law Journal and served both as executive editor and articles editor of the Yale Law & Policy Review. A Rhodes Scholar, he graduated from Oxford University with a first-class BA (Hons) degree in philosophy, politics, and economics. He received his A.B. degree summa cum laude in history from Harvard University, earning the Sophia Freund Prize.
Sachs is a licensed attorney in Massachusetts and the District of Columbia, and he is authorized to practice before the D.C. Circuit, the Second Circuit, the Seventh Circuit, and the Supreme Court of the United States.
William L. Matheson and Robert M. Morgenthau Distinguished Professor of Law and Douglas D. Drysdale Research Professor of Law, University of Virginia School of Law
Lawrence B. Solum is an internationally recognized legal theorist who works in constitutional theory, procedure and the philosophy of law. Solum contributes to debates in constitutional theory and normative legal theory. He is especially interested in the intersection of law with the philosophy of language and with moral and political philosophy. His series of articles on constitutional originalism have shaped contemporary thinking about the great debate between originalism and constitutional theory. Solum’s original theory of the fundamental nature and purpose of law, “Virtue Jurisprudence,” has been debated and discussed in Asia, Europe and North America. He also works on problems of law and technology, including Internet governance, copyright policy and patent law. His pathbreaking article, “Legal Personhood for Artificial Intelligences,” published in the early 1990s, is widely acknowledged as far ahead of its time.
Solum received his J.D. magna cum laude from Harvard Law School and received his B.A. with highest departmental honors in philosophy from the University of California at Los Angeles. While at Harvard, he served as an editor of the Harvard Law Review. After graduation, he worked for the law firm of Cravath, Swaine, and Moore in New York, and then clerked for Judge William A. Norris of the U.S. Court of Appeals for the Ninth Circuit.
Prior to joining the UVA Law faculty in 2020, he was a member of the faculty at Georgetown University Law Center, the University of Illinois, the University of San Diego and Loyola Marymount University, and visited at Boston University and the University of Southern California. He regularly teaches Civil Procedure and Constitutional Law. His other teaching includes seminars in constitutional theory and the philosophy of law as well as courses in conflict of laws, federal courts, intellectual property and internet law and governance.
Judge, United States Court of Appeals, Seventh Circuit
Judge Sykes was nominated to the Seventh Circuit by President George W. Bush and confirmed by the Senate in 2004. Prior to her appointment to the federal bench, Judge Sykes served as a justice on the Wisconsin Supreme Court. Governor Tommy G. Thompson appointed her in September 1999 to fill a mid-term vacancy on the state supreme court, and she was elected to a full ten-year term in April 2000. From 1992-1999, Judge Sykes served on the state trial bench in Milwaukee County (elected in 1992 and re-elected in 1998). From 1985-1992, Judge Sykes practiced law with the Milwaukee firm of Whyte & Hirschboeck, S.C., and from 1984-1985, was a law clerk to Federal Judge Terence T. Evans.
Born and raised in the Milwaukee area, Judge Sykes earned a bachelor’s degree in journalism from Northwestern University in 1980 and a law degree from Marquette University Law School in 1984. Between college and law school, Judge Sykes worked as a reporter for The Milwaukee Journal.
Judge Sykes has two sons.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Judge, United States Court of Appeals, Sixth Circuit
Amul R. Thapar serves as a judge on the United States Court of Appeals for the Sixth Circuit. His judicial career began in 2007 when President George W. Bush nominated him to serve on the Eastern District of Kentucky, making him the first South Asian Article III judge in American history. In 2017, he became President Donald J. Trump’s first appellate court nominee.
Before joining the bench, Judge Thapar served as the United States Attorney for the Eastern District of Kentucky. While United States Attorney, Judge Thapar worked on the Attorney General’s Advisory Committee (“AGAC”) and chaired the AGAC’s Controlled Substances and Asset Forfeiture subcommittee. He also served on the Terrorism and National Security subcommittee, the Violent Crime subcommittee, and the Child Exploitation working group.
Judge Thapar has worked in private practice, at Williams & Connolly in Washington, D.C., and Squire, Sanders & Dempsey in Cincinnati, Ohio. He also served as an Assistant United States Attorney in both the Southern District of Ohio and the District of Columbia.
Judge Thapar received his undergraduate degree from Boston College and his law degree from the University of California, Berkeley. After graduating, Judge Thapar worked as a law clerk to the Honorable S. Arthur Spiegel of the United States District Court for the Southern District of Ohio, and the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit.
Judge Thapar has also published in the Yale Law Journal, Michigan Law Review, and Catholic University Law Review. He teaches courses on originalism, the Federalists and Anti-Federalists, and legal writing at Notre Dame Law School, the University of Virginia School of Law, and Vanderbilt Law School.
Judge, United States Court of Appeals, Sixth Circuit
Amul R. Thapar serves as a judge on the United States Court of Appeals for the Sixth Circuit. His judicial career began in 2007 when President George W. Bush nominated him to serve on the Eastern District of Kentucky, making him the first South Asian Article III judge in American history. In 2017, he became President Donald J. Trump’s first appellate court nominee.
Before joining the bench, Judge Thapar served as the United States Attorney for the Eastern District of Kentucky. While United States Attorney, Judge Thapar worked on the Attorney General’s Advisory Committee (“AGAC”) and chaired the AGAC’s Controlled Substances and Asset Forfeiture subcommittee. He also served on the Terrorism and National Security subcommittee, the Violent Crime subcommittee, and the Child Exploitation working group.
Judge Thapar has worked in private practice, at Williams & Connolly in Washington, D.C., and Squire, Sanders & Dempsey in Cincinnati, Ohio. He also served as an Assistant United States Attorney in both the Southern District of Ohio and the District of Columbia.
Judge Thapar received his undergraduate degree from Boston College and his law degree from the University of California, Berkeley. After graduating, Judge Thapar worked as a law clerk to the Honorable S. Arthur Spiegel of the United States District Court for the Southern District of Ohio, and the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit.
Judge Thapar has also published in the Yale Law Journal, Michigan Law Review, and Catholic University Law Review. He teaches courses on originalism, the Federalists and Anti-Federalists, and legal writing at Notre Dame Law School, the University of Virginia School of Law, and Vanderbilt Law School.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Partner, Consovoy McCarthy Park PLLC
Mr. Connolly represents clients in discovery, motions practice, trials, and appeals in state and federal courts across the country. He has litigated in a diverse range of subject areas, including civil rights litigation, challenges to administrative actions, contractual and employment disputes, and election law. Mr. Connolly has particular expertise in litigation involving the Federal Arbitration Act, the Voting Rights Act, the Communications Act, the Civil Rights Act, and the Freedom of Information Act. Mr. Connolly recently argued in the U.S. Court of Appeals for the D.C. Circuit on behalf of a trade industry and served on the trial team in a high-profile, three-week trial in the U.S. District Court for the District of Massachusetts.
Mr. Connolly is a former law clerk to Judge Jerome A. Holmes of the United States Court of Appeals for the Tenth Circuit. Mr. Connolly is also the director of the Free Speech Clinic at the Antonin Scalia Law School at George Mason University.
Mr. Connolly earned his B.A. from the University of Kansas, where he graduated with distinction and his J.D. from New York University School of Law. Mr. Connolly is a member of the Virginia and District of Columbia bars.
Legal Director, The Foundation for Individual Rights in Education
Will began defending student and faculty rights for FIRE in 2006 after graduating from New York University School of Law, where he served as an associate executive editor for the New York University Law Review. Will has appeared on national cable television and radio on behalf of FIRE and has spoken to students, faculty, administrators, and attorneys at events across the country. Will’s writing has been published by The New York Times, the Wall Street Journal, The Washington Post, the Chronicle of Higher Education, Jurist, Inside Higher Ed, Daily Journal, the Charleston Law Review, and many other outlets. Will edited the second edition of FIRE’s Guide to Due Process and Campus Justice, co-edited the second edition of FIRE’s Guide to Free Speech on Campus, and has coauthored amicus curiae briefs submitted to a number of courts, including the Supreme Court of the United States and the United States Courts of Appeals for the Third, Ninth, and Eleventh Circuits. Will has taught FIRE’s Continuing Legal Education programs in New York, Pennsylvania, and online. A member of the New York State Bar and the First Amendment Lawyers Association, Will serves as Co-Chair of the Education Subcommittee of the American Bar Association’s Section of Administrative Law and Regulatory Practice.
Will graduated magna cum laude from New York University’s Gallatin School of Individualized Study in 2003. A proud native of Buffalo, New York, Will now lives in New Jersey with his wife and two children.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Senior Attorney, Pacific Legal Foundation
Christina Martin is a Senior Attorney at Pacific Legal Foundation where she leads its initiative to end home equity theft—predatory tax-foreclosure laws that allow the government to take valuable homes and all equity in those homes as payment for debts as small as $8.
Christina's victories as lead counsel include Tyler v. Hennepin County in the U.S. Supreme Court, Hall v. Meisner in the Sixth Circuit, Rafaeli, LLC v. Oakland County in the Michigan Supreme Court, and New Mexico Farm & Livestock Bureau v. U.S. Department of the Interior in the Tenth Circuit. She also served as second chair in Knick v. Township of Scott, a landmark Supreme Court case that opened up the federal courthouse doors to takings plaintiffs.
Christina is admitted to the state bars of Washington, Oregon, and Florida, as well as a number of federal courts, including the Supreme Court of the United States. She earned a Bachelor of Science in Physics and a Bachelor of Arts in Communication from the University of Washington. She earned her J.D. from Ave Maria School of Law, where she was an editor of the Ave Maria Law Review.