How 'Free' Is Free Speech?
California-Hastings Student Chapter
University of California Hastings College of Law200 McAllister St.
San Francisco, CA 94102
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Attorney, Allen Harris Law
Samantha Harris is a nationally recognized attorney advising students and faculty on issues of campus due process, Title IX, free speech, and academic freedom. Drawing on more than 15 years at the Foundation for Individual Rights in Education (FIRE), where she served as Vice President for Policy Research, she guides students, faculty, administrators, and attorneys through complex disciplinary and constitutional issues involving free speech, fair hearings, and faculty-student rights.
A graduate of Princeton University and the University of Pennsylvania Law School (Articles Editor, Journal of Constitutional Law), Samantha clerked for the Hon. Jay C. Waldman in the U.S. District Court for the Eastern District of Pennsylvania and began her legal career at Pepper Hamilton LLP. At FIRE, she led efforts to reform campus policies and defended individuals in high-profile Title IX and free speech disputes.
Now at Allen Harris PLLC, a firm focused on Title IX and campus defense, Samantha represents students and professors in investigations, hearings, appeals, and related litigation. Samantha’s practice emphasizes strategic advocacy in campus disciplinary systems and litigation-ready defense in federal court. Her blend of policy experience, legal skill, and media visibility positions her as a leading resource for issues at the intersection of education law and constitutional rights.
Professor of Law, University of Virginia School of Law
Aditya Bamzai is a professor of law at the University of Virginia. He teaches administrative law, civil procedure, computer crime and conflicts of law, and he has written about these and related subjects. He has argued cases relating to the separation of powers and national security in the U.S. Supreme Court, Foreign Intelligence Surveillance Court of Review, D.C. Circuit and other federal courts of appeals. From 2019 to 2021, he served as a Member of the Privacy and Civil Liberties Oversight Board, a federal agency charged with ensuring that the government’s national security efforts are balanced with the need to protect privacy and civil liberties. Before entering the academy, Bamzai was an attorney-adviser in the Office of Legal Counsel of the U.S. Department of Justice, and an appellate attorney in both private practice and for the National Security Division of the Department of Justice. Earlier in his career, he was a law clerk to Justice Antonin Scalia of the Supreme Court of the United States and to Judge Jeffrey Sutton of the Sixth Circuit Court of Appeals.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
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.
Justice, Wisconsin Supreme Court
Justice Rebecca Grassl Bradley, a Milwaukee native, was elected to the Supreme Court in 2016 after being appointed by Gov. Scott Walker in 2015. She is the first Wisconsin Supreme Court Justice to have served as an intermediate appellate court judge as well as a circuit court judge. Before joining the Supreme Court, Justice Bradley served as a District I Court of Appeals judge (appointed 2015), a Milwaukee County Circuit Court Judge (appointed 2012, elected 2013) and worked as an attorney in private practice (1996-2012), including serving as vice president of legal operations for a global software company.
Justice Bradley graduated from Marquette University in 1993 with an honors B.S. in Business Administration and Business Economics and received her juris doctor from the University of Wisconsin Law School in 1996.
Justice Bradley is a member of the Supreme Court Finance Committee and chairs the Supreme Court Legislative Committee as the Chief Justice's designee. She is a member of the Board of Advisors and past president of the Milwaukee Lawyers Chapter of the Federalist Society; serves on the Wisconsin State Advisory Committee of the U.S. Commission on Civil Rights; and is a member of the Bench and Bar Committee of the Wisconsin State Bar. She previously served on the Board of Governors of the St. Thomas More Lawyers Society; the Wisconsin Juvenile Jury Instructions Committee; the Wisconsin Juvenile Benchbook Committee; and as a member of the Milwaukee Trial Judges Association and the Wisconsin Trial Judges Association. While in private practice, Justice Bradley served as an American Arbitration Association Arbitrator and Chairman of the State Bar Business Law Section.
Justice Bradley's current term expires July 31, 2026.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Professor, The University of Texas at Austin
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Justice, Wisconsin Supreme Court
Justice Rebecca Grassl Bradley, a Milwaukee native, was elected to the Supreme Court in 2016 after being appointed by Gov. Scott Walker in 2015. She is the first Wisconsin Supreme Court Justice to have served as an intermediate appellate court judge as well as a circuit court judge. Before joining the Supreme Court, Justice Bradley served as a District I Court of Appeals judge (appointed 2015), a Milwaukee County Circuit Court Judge (appointed 2012, elected 2013) and worked as an attorney in private practice (1996-2012), including serving as vice president of legal operations for a global software company.
Justice Bradley graduated from Marquette University in 1993 with an honors B.S. in Business Administration and Business Economics and received her juris doctor from the University of Wisconsin Law School in 1996.
Justice Bradley is a member of the Supreme Court Finance Committee and chairs the Supreme Court Legislative Committee as the Chief Justice's designee. She is a member of the Board of Advisors and past president of the Milwaukee Lawyers Chapter of the Federalist Society; serves on the Wisconsin State Advisory Committee of the U.S. Commission on Civil Rights; and is a member of the Bench and Bar Committee of the Wisconsin State Bar. She previously served on the Board of Governors of the St. Thomas More Lawyers Society; the Wisconsin Juvenile Jury Instructions Committee; the Wisconsin Juvenile Benchbook Committee; and as a member of the Milwaukee Trial Judges Association and the Wisconsin Trial Judges Association. While in private practice, Justice Bradley served as an American Arbitration Association Arbitrator and Chairman of the State Bar Business Law Section.
Justice Bradley's current term expires July 31, 2026.
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Associate Professor of Law, Antonin Scalia Law School, George Mason University
Associate Professor of Law J.W. Verret joined the Antonin Scalia Law School, George Mason University faculty in 2008. In 2013, he took leave for two years to serve as the Chief Economist and Senior Counsel for the U.S. House Committee on Financial Services. He received his JD and MA in Public Policy from Harvard Law School and the Harvard Kennedy School of Government, respectively, in 2006. While in law school, Professor Verret served an Olin Fellowship in Law and Economics at the Harvard Program on Corporate Governance under the guidance of Prof. Lucian Bebchuk.
Professor Verret then served as a law clerk for Vice-Chancellor John W. Noble of the Delaware Court of Chancery. Prior to joining the faculty at Scalia Law, Professor Verret was an associate in the SEC Enforcement Defense Practice Group at Skadden, Arps in Washington, D.C. He has written extensively on corporate law topics, including Delaware's Guidance, co-written with Chief Justice Myron T. Steele of the Delaware Supreme Court. His academic work has been featured in the Yale Journal on Regulation, The Business Lawyer, the Delaware Journal of Corporate Law, the Stanford Law Review, the University of Pennsylvania Journal of Business Law, and the Virginia Law and Business Review. Professor Verret was selected by the Northwestern Law School Searle Center on Law, Regulation, and Economic Growth for a 2009-2010 Searle-Kaufmann Research Fellowship.
Professor Verret is also a Senior Scholar at the Mercatus Center Working Group on Financial Markets, where he regularly briefs Congressional staff, members of Congress, SEC Commissioners and other financial regulatory agencies on financial regulation topics. He also directs the Corporate Federalism Initiative, where he obtains research grants for a network of students and faculty scholars who study the division between states and the federal government as sources of corporate law. Professor Verret has been invited to testify before various House and Senate Committees four times during the financial crisis of 2009 regarding all of the central provisions of the Obama Administration's 2009 financial regulatory reform proposals. For a full list of Professor Verret's C-Span appearances, including testimony before the U.S. House of Representatives and the U.S. Senate, see http://www.c-spanvideo.org/jwverret.
Professor Verret has been an invited panelist for various television appearances, including an interview on The NewsHour with Jim Lehrer. Professor Verret has been quoted in various media on financial regulation and corporate law topics, including the New York Times, CNN Money, the CNN Political Ticker, CNBC, ABC News, Investor's Business Daily, ESPN.com, The American Banker, The American Lawyer, The Huffington Post, CBS.com, and AP News. Professor Verret's op-eds have been featured in Forbes, The Chicago Tribune, The Orange County Register, and The Wall Street Journal. Professor Verret is also a regular guest contributor to three of the most noted corporate law and financial regulation law blogs: the Harvard Law School Corporate Governance and Financial Regulation Forum, Deallawyers.com, and The Conglomerate.
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.
Adjunct Professor, George Washington University Law School
Warren Distinguished Professor of Law, University of San Diego School of Law
Michael D. Ramsey is Warren Distinguished Professor of Law at the University of San Diego School of Law, where he teaches and writes in the areas of Constitutional Law, Foreign Relations Law and International Law. He is the author of The Constitution’s Text in Foreign Affairs (Harvard University Press), co-editor of International Law in the U.S. Supreme Court: Continuity and Change (Cambridge University Press), and co-author of two casebooks, Transnational Law and Practice (2d ed., Aspen) and International Business Transactions: A Problem-Oriented Coursebook (14th ed., West). His scholarly articles have appeared in publications such as the Yale Law Journal, the University of Chicago Law Review, the Georgetown Law Journal and the American Journal of International Law. He received his B.A. magna cum laude from Dartmouth College and his J.D. summa cum laude from Stanford Law School. Prior to teaching, he served as a judicial clerk for Judge J. Clifford Wallace of the United States Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the United States Supreme Court, and practiced law with the law firm of Latham & Watkins, where he specialized in international finance and investment. He has taught as a visiting professor at the University of California, San Diego, in the Department of Political Science and at the University of Paris – Sorbonne, in the Department of Comparative Law.