Can A Dead Constitution Bind the Living?
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Julius E. Davis Professor of Law, 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 the new book The Constitution of 1789: A New Introduction (Cambridge 2026). His previous books include A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). He is also the author of the casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 3d ed. 2025).
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.
Founder and Principal, Johnson-IP Strategy & Consulting
Philip S. Johnson is Founder and Principal of Johnson-IP Strategy & Consulting. He previously served as Senior Vice President - Law Department and Chief Intellectual Property Counsel of Johnson & Johnson, having joined the corporation in January 2000 after 27 years in private practice. In this position, he managed about 110 patent and trademark attorneys worldwide. Phil is Chair of the Board of Directors of the American Intellectual Property Law Education Foundation, Vice President and President Elect of the Intellectual Property Owners Association, and a member of the Board of the Intellectual Property Owners Association Education Foundation (Past President). He is also a member of the Steering Committee of the Coalition for 21st Century Patent Reform, of the Association of Corporate Patent Counsel (Past President) and of PhRMA’s IP Focus Group (Chair Emeritus). Previously, Phil served as President of INTERPAT.
Before joining Johnson & Johnson, Phil was a senior partner and co-chair of IP litigation at Woodcock Washburn in Philadelphia, where he specialized in intellectual property issues affecting major pharmaceutical, medical device and consumer product companies. Phil has served as trial counsel in over 100 patent cases, including over 50 resulting in reported decisions of the federal district courts and/or of the Federal Circuit Court of Appeals. Phil regularly testifies before both the House and Senate Judiciary Committees on the subject of patent law reform and, more recently, abusive patent litigation. Phil served as a member of Chief Judge Michel’s Advisory Council on Patent Reform, and was recognized in the Congressional Record as a member of the Minority Whip’s “Kitchen Cabinet” for the America Invents Act. Thereafter, Phil served as IPO’s representative on the ABA-AIPLA-IPO committee of six experts (“COSE”) formed at Director Kappos’ request to propose to the USPTO implementing regulations for the PGR-IPR post-grant proceedings created by the AIA.
Phil co-authored “Compensatory Damages Issues In Patent Infringement Cases, A Pocket Guide for Federal District Court Judges,” published by the Federal Judicial Center, and has served that Center as a faculty member on its IP-related judicial education programming. Phil was also featured in the Landslide Publication March/April 2013 issue. The New Jersey Intellectual Property Law Association awarded Phil with its 2013 Jefferson Medal, presented on June 7, 2013.
Phil received his Bachelor of Science degree, cum laude with distinction in biology from Bucknell University, and his J.D. degree from Harvard Law School, where his third year advisor was now-Supreme Court Justice Stephen Breyer.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Dana Rao is the Vice President of Intellectual Property and Litigation at Adobe Systems. He oversees all aspects of Adobe’s intellectual property and litigation matters, including procuring, licensing, and defending Adobe’s patents, trademarks, and copyrights, and managing all aspects of Adobe’s litigation practice.
Before Adobe, Dana was an Associate General Counsel of Patents at Microsoft Corporation, focusing on their Windows Phone and Xbox patent issues. Dana began his legal career at Fenwick & West, focusing on patent prosecution, licensing, and litigation. Dana received his undergraduate degree from Villanova University in Electrical Engineering, and received his law degree from The George Washington University School of Law, where he graduated Order of the Coif.
Partner, Fenwick & West LLP
Robert Sachs is President at Robert R. Sachs PC and concentrates his practice on strategic patent counseling and prosecution for software technologies. Bob has extensive experience in developing patent portfolios for companies of all sizes, from startups to multi-nationals.
He is the primary evaluator for standards essential patents on today's most important audio, video, and communications technologies, including 3GPP-LTE, IEEE 802.11, MPEG-4 AAC, DVB-MHP, OCAP, Digital Radio Mondiale, AMR-NB, AMR-WB, AMR-WB+, G.711, G.729, AGORA-C, and NFC-IP. He conducts and supervises patent evaluations in US, as well as Europe, Japan, China, South Korea, Mexico and Canada.
One of Bob’s areas of expertise is patentable subject matter: the question of what kinds of inventions are eligible for patent protection, and particularly whether software and life sciences related inventions are patentable. This issue has become the new battleground in the development of the patent law, with several important cases having been recently decided by the Supreme Court and the Court of Appeals for the Federal Circuit. While most authors and scholars take a results-oriented approach to this question, Bob instead starts with the first principles of creativity and innovation that drive humans to solve functional problems. From that understanding, software and life sciences inventions are squarely in the domain of what the patent law is designed to protect.
Justice, Kansas Supreme Court
Justice Caleb Stegall is a Lawrence native and lives in rural Jefferson County. He was appointed to the Kansas Supreme Court in 2014.
Current term
January 2017–January 2023
Appointed to court August 2014.
Judicial experience
2014-present, Justice, Kansas Supreme Court
2014, Judge, Kansas Court of Appeals
Previous professional experience
2017-present, adjunct professor teaching appellate advocacy, University of Kansas School of Law
2011-14, chief counsel, Governor Sam Brownback
2009-11, county attorney, Jefferson County
2005-11, managing partner, Stegall & Associates, Perry, Kansas
2001-05, associate, Foulston Siefkin, Topeka, Kansas
2000-01, law clerk, 10th U.S. Circuit Chief Judge Deanell Tacha
Education
University of Kansas School of Law, J.D., 1999
Kansas Law Review
William L. Burdick Prize recipient
Graduated Order of the Coif
Geneva College, B.S., 1993
Lawrence High School, 1989
Judge, United States Tax Court
Senior Judge.. B.A. Harvard College, 1979; J.D. University of Chicago Law School, 1983. Admitted to New York and District of Columbia Bars; U.S. Supreme Court; DC, Second, Fifth and Ninth Circuits; Southern and Eastern Districts of New York, Court of Federal Claims. Practiced in New York as an Associate, Cahill Gordon & Reindel, 1983-85; Sullivan & Cromwell, 1987-1991; served as Clerk to the Hon. Alex Kozinski, Ninth Circuit, 1985-87; and in Washington as Counsel to Commissioners, United States International Trade Commission, 1991-96; Counsel, Miller & Chevalier, 1996-2001; Deputy Assistant Attorney General, Tax Division, 2001-03. Member, American Bar Association (Litigation and Tax Sections). Appointed by President George W. Bush as Judge, United States Tax Court, on June 30, 2003.
Of Counsel, Sedgwick LLP
David Dorsen is Of Counsel with Sedgwick, LLP. He served as an Assistant US Attorney in New York under Robert M. Morgenthau, and later as Assistant Chief Counsel of the Senate Watergate Committee under Senator Sam Ervin. He has taught at Duke University, North Carolina, Georgetown University Law Center, Washington DC, and George Washington University Law School, Washington DC. His book, Henry Friendly, Greatest Judge of his Era (with Richard A. Posner, 2012), won the Green Bag Award for Exemplary Legal Writing.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Julius E. Davis Professor of Law, 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 the new book The Constitution of 1789: A New Introduction (Cambridge 2026). His previous books include A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). He is also the author of the casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 3d ed. 2025).
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.
Professor of Law; Director, Warrior Defense Project, St. Mary's University School of Law
Lt. Colonel (U.S. Army, Ret.) Jeffrey F. Addicott is a Distingushed Professor of Law and the Director of the Warrior Defense Project at St. Mary’s University School of Law, San Antonio, Texas (2000-current). An active-duty Army officer in the Judge Advocate General’s Corps for twenty years, Professor Addicott spent a quarter of his career as the senior legal advisor to the United States Army’s Special Forces. As an internationally recognized authority on national security and terrorism law Professor Addicott not only lectures and participates in professional and academic organizations both in the United States and abroad (over 1,000 speeches), but he also testifies before Congress on a variety of legal issues. Dr. Addicott is a regular contributor to national and international news media outlets to include FOX News, MSNBC, OAN, CNN, BBC, New York Times, Washington Post, Wall Street Journal, and USA Today, (over 5,000 interviews). Addicott is a prolific author, publishing over 100 books, articles, and monographs on a variety of legal and policy issues. His most recent book (2026) is entitled: Christian Doctrines.
Among his many contributions to the field, Professor Addicott pioneered the teaching of law of war and human rights courses to the militaries of numerous nascent democracies in Eastern Europe and Latin America. For these efforts he was awarded the Legion of Merit, named the “Army Judge Advocate of the Year,” and honored as a co-recipient of the American Bar Association’s Hodson Award. Addicott has served in senior legal positions in Germany, Korea, Panama, and throughout the United States (1980-2000). Professor Addicott holds a Doctor of Juridical Science (S.J.D.) and Master of Laws (LL.M.) from the University of Virginia School of Law. He also received a Master of Laws (LL.M.) from the Army Judge Advocate General’s School, where he was the Deputy Director of the International & Operational Law Division, and a Juris Doctor (J.D.) from the University of Alabama School of Law. Apart from teaching a variety of courses at the law school to include National Security Law and Terrorism Law, Dr. Addicott served as the Associate Dean for Administration at St. Mary's University School of Law (2006-2007) and as the Director of the Center for Terrorism Law (2005-2018). Dr. Addicott was the 2007 recipient of “St. Mary’s University School of Law Distinguished Faculty Award.” Dr. Addicott also heads Christian Doctrine Ministries, where he teaches non-denominational Bible classes (2009-current) at St. Mary’s University School of Law.
Senior Fellow, National Security Institute, Antonin Scalia School of Law, George Mason University; Retired Professor, Distinguished Fellow and Co-Founder, Center for National Security Law, University of Virginia School of Law (1987-2020)
Robert F. Turner holds both professional and academic doctorates from the University of Virginia School of Law. He co-founded the Center for National Security Law with Professor John Norton Moore in April 1981 and served as its associate director for 39 years, except for two periods of government service in the 1980s and during 1994-95, when he occupied the Charles H. Stockton Chair of International Law at the U.S. Naval War College in Newport, Rhode Island. He retired from UVA in January 2020 and currently serves as a non-resident senior fellow at the GMU National Security Institute. He also served briefly in 2020 as President of the Crime Prevention Research Center—one of the most respected pro-Second Amendment groups in the country—while its founder, Dr. John Lott, was on leave of absence.
A former Army captain and veteran of two tours in Vietnam, Turner served as a research associate and public affairs fellow at Stanford's Hoover Institution on War, Revolution and Peace before spending five years in the mid-1970s as national security adviser to U.S. Senator Robert P. Griffin, a member of the Senate Foreign Relations Committee (where Turner anticipated by seven years the Supreme Court’s landmark INS v. Chadha decision, striking down legislative vetoes). He also served in the executive branch during the Reagan administration as a member of the Senior Executive Service, first in the Pentagon as special assistant to the undersecretary of defense for policy, then in the White House as counsel to the President's Intelligence Oversight Board, and at the State Department as principal deputy and then acting assistant secretary for legislative affairs. In 1986, he became the first president of the congressionally established United States Institute of Peace.
A former three-term chairman of the ABA Standing Committee on Law and National Security (and for many years editor of the ABA National Security Law Report), Turner also chaired the Executive-Congressional Relations Subcommittee of the ABA Section on International Law and Practice and chaired or co-chaired the National Security Law Subcommittee of the Federalist Society’s International and National Security Law Practice Group for several years.
Turner taught undergraduate courses at Virginia on international law, U.S. foreign policy, the Vietnam War and foreign policy and the law in what is now the Woodrow Wilson Department of Politics. In addition, he co-taught National Security Law and advanced national security law seminars on the Indochina War and on war and peace with Moore at the Law School.
The author or editor of 18 books and monographs (including co-editor of the Center's 1,600-page National Security Law & Policy casebook, National Security Law Documents, and Legal Issues in the Struggle Against Terror) and numerous articles in law reviews and other professional journals, Turner has also contributed articles to most of the major U.S. newspapers, including The New York Times and USA Today. In an op-ed published in The International Herald Tribune in September 1990, he and Moore were the first to call for a war-crimes trial for Iraqi dictator Saddam Hussein and for international controls over Iraq's weapons of mass destruction, and the following month he wrote the lead story in The Washington Post Sunday Outlook Section, “Killing Saddam: Would It Be a Crime?,” arguing that Hussein would be a lawful target during Operation Desert Storm. (His reasoning contributed to the modern legal justification for drone strikes targeting specific terrorist leaders.) Three years before the terrorist attacks of September 11, 2001, Turner published an op-ed in USA Today entitled: “In Self-defense, U.S. Has Right to Kill bin Laden.”
In July 2007, he co-authored an article in The Washington Post with former U.S. Marine Corps Commandant General P.X. Kelley, “War Crimes and the White House,” criticizing the use of unlawful “enhanced interrogation techniques” by the Central Intelligence Agency. On the 40th anniversary of the fall of Saigon he authored an article in The Wall Street Journal, “Saigon’s Fall Still Echoes Today,” noting that after the war ended, Hanoi admitted it had made a decision in 1959 to open the Ho Chi Minh Trail and start sending troops, weapons and supplies into South Vietnam to overthrow its government — just as the United States had charged. In 2010 Turner received the first “person of the year” award from SACEI, a major Vietnamese-American human rights organization.
A frequent lecturer and debater, Turner has spoken at more than 100 law schools around the nation and in other fora — taking on as many as four opponents at a time. His debate opponents have included former or future deans of Yale, Stanford, the University of Chicago and Berkeley law schools. Following a 1987 debate against Dean Harlan Cleveland (Rhodes Scholar, U.S. Ambassador to NATO, and Presidential Medal of Freedom recipient) in which Turner defended the legality of U.S. support for the Nicaraguan contras during the Reagan Administration, the host student debating societies awarded Turner the victory by an 85-to-15 percent margin.
Turner has also written and lectured widely on University of Virginia founder and America’s third president Thomas Jefferson. In 2000-2001 he chaired the Jefferson-Hemings Scholars Commission. In his 2012 book Master of the Mountain, Jefferson critic Henry Wiencek described Turner as “Jefferson’s chief scholarly defender."
A former distinguished lecturer at the U.S. Military Academy at West Point, Turner is a member of the Council on Foreign Relations, the Academy of Political Science, the Committee on the Present Danger, The Heterodox Academy, and other professional organizations. He maintained a 4.0 gpa as a graduate student at Stanford in History and Political Science and in the UVA Department of Government and Foreign Affairs and was the first person admitted directly to the UVA academic law doctorate (SJD) program without first being required to earn an LL.M. master’s degree. He was selected for inclusion in Who’s Who in American Law less than two years after graduating from law school and Who’s Who in the World before he reached the age of 40. Turner has testified before more than a dozen different congressional committees on issues of international or constitutional law and other topics.