Supreme Court Roundup
Stanford Student Chapter
Stanford Law School559 Nathan Abbott Way
Stanford, CA 94305
Here are the latest events.
Chairman, Supreme Court and Constitutional Law Practice, Baker Botts LLP
Aaron Streett is the Chairman of Baker Botts’ Supreme Court and Constitutional Law Practice. He has presented oral argument in scores of appeals, covering the U.S. Supreme Court and courts around the country—including over 40 arguments between the Fifth and D.C. Circuits alone. Mr. Streett’s practice involves virtually all substantive areas of the law, including commercial litigation, statutory interpretation, constitutional law, administrative law, securities, and jurisdictional issues. Mr. Streett maintains an active practice in the Supreme Court of the United States, having represented parties in merits cases seven times since 2010, as well as filing numerous amicus and certiorari-stage briefs. Mr. Streett was named one of only six “Appellate MVPs” for 2014 by Law360, which had previously recognized him in 2011 as one of the top five appellate “Rising Stars” under age 40. Mr. Streett has been featured on National Law Journal’s Appellate Hot List three times in recent years and in 2021 was named Houston’s “Lawyer of the Year” for Appellate Practice by Best Lawyers magazine. Mr. Streett is an elected member of the American Law Institute and a fellow of the American Academy of Appellate Lawyers. He serves on the Board of Directors for the Fifth Circuit Bar Association and previously served as President of the Houston Lawyers Chapter of the Federalist Society. Mr. Streett speaks regularly on the Supreme Court and constitutional law to attorneys and law students around the country. Following graduation from Hillsdale College and University of Texas School of Law, Mr. Streett served as a law clerk to the Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and to the Honorable William H. Rehnquist, Chief Justice of the United States.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Professor of History, Western Connecticut State University
Kevin R. C. Gutzman is the New York Times best-selling author of five books, including the new Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, a History Book Club Selection. Gutzman is Professor and former Chairman in the Department of History at Western Connecticut State University and a faculty member at LibertyClassroom.com . He holds a bachelor's degree (With Honors and With Special Honors in History), a master of public affairs degree, and a law degree from the University of Texas at Austin, as well as an MA and a PhD in American history from the University of Virginia.
Dr. Gutzman's first book was the New York Times best-seller The Politically Incorrect Guide to the Constitution, which was a Main Selection of the Conservative Book Club. It is the only Jeffersonian account of American constitutional history. His second book, Virginia’s American Revolution: From Dominion to Republic, 1776-1840, explores the issue what the Revolutionaries made of the Revolution in Thomas Jefferson’s home state. After that, he co-authored Who Killed the Constitution? The Federal Government vs. American Liberty from World War I to Barack Obama with New York Times best-selling author Thomas E. Woods, Jr. His fourth book, James Madison and the Making of America, a Main Selection of the History Book Club, received positive reviews from The Wall Street Journal, The Journal of Southern History, The Washington Times, and numerous other publications. His latest book, Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, published on January 31, 2017, was a Selection of the History Book Club.
Gutzman's essay “Lincoln as Jeffersonian: The Colonization Chimera” appeared in Lincoln Emancipated: The President and the Politics of Race, and his “James Madison and Ratification: A Triumph Over Adversity” appeared in A Companion to James Madison and James Monroe. His scholarly articles have appeared in The Journal of Southern History, The Journal of the Early Republic, The Virginia Magazine of History and Biography, The Review of Politics, and The Journal of the Historical Society, among other publications. He has written a hundred book reviews for outlets scholarly and popular, and he has contributed three dozen essays to historical encyclopedias. Gutzman has written for numerous popular magazines and newspapers, including Canada’s National Post, the San Antonio Express-News, and the Richmond Times-Dispatch, among others.
Kevin R. C. Gutzman has appeared on hundreds of radio programs, such as NPR’s “Backstory With the American History Guys” and many of the most prominent commercial programs, terrestrial and satellite, as well as on national television programs including C-SPAN 2's “BookTV,” CNN's “Lou Dobbs Tonight,” Fox News's “The Glenn Beck Program” (both with Beck and with Judge Andrew Napolitano), and NewsMax TV, besides on the BBC and several local television broadcasts. He has been interviewed by reporters from major outlets such as the AP, The Washington Times, The Philadelphia Enquirer, The Washington Post, The Hartford Business Journal, The Houston Chronicle online, Investor's Business Daily, Money Magazine, Connecticut Magazine, and The New York Times, among others.
Gutzman was a featured expert in the documentary movies “John Marshall: Citizen, Statesman, Jurist” and “Nullification: The Rightful Remedy.”
Chairman of the Board, The Ayn Rand Institute
Yaron Brook is chairman of the board of the Ayn Rand Institute. He wears many hats at the institute and travels extensively as ARI’s spokesman.
Brook can be heard weekly on The Yaron Brook Show, which airs live on the BlogTalkRadio podcast. He is also a frequent guest on national radio and television programs.
An internationally sought-after speaker and debater, Brook also pens works that make one think. As coauthor, with Don Watkins, of the national best-seller Free Market Revolution: How Ayn Rand's Ideas Can End Big Government, Brook and Watkins argue that the answer to our current economic woes lies not in "trickle-down government" but in Rand's inspiring philosophy of capitalism and self-interest. Last year, Brook and Watkins released a new book, Equal Is Unfair: America's Misguided Fight Against Income Inequality, a book that shows the real key to making America a freer, fairer, more prosperous nation is to protect and celebrate the pursuit of success―not pull down the high fliers in the name of equality. Brook is also contributing author to Neoconservatism: An Obituary for an Idea, Winning the Unwinnable War: America’s Self-Crippled Response to Islamic Totalitarianism and Big Tent: The Story of the Conservative Revolution — As Told by the Thinkers and Doers Who Made It Happen. He was a columnist at Forbes.com, and his articles have been featured in the Wall Street Journal, USA Today, Investor’s Business Daily and many other publications.
Brook was born and raised in Israel. He served as a first sergeant in Israeli military intelligence and earned a BSc in civil engineering from Technion-Israel Institute of Technology in Haifa, Israel. In 1987 he moved to the United States where he received his MBA and PhD in finance from the University of Texas at Austin; he became an American citizen in 2003. For seven years he was an award-winning finance professor at Santa Clara University, and in 1998 he cofounded BH Equity Research, a private equity and hedge fund manager, of which he is managing founder and director.
Brook serves on the boards of the Ayn Rand Institute, the Clemson Institute for the Study of Capitalism and CEHE (Center for Excellence in Higher Education), and he is a member of the Association of Private Enterprise Education and the Mont Pelerin Society.
Guido Calabresi Professor of Law, Yale Law School
Daniel Markovits is Guido Calabresi Professor of Law at Yale Law School. He works in the philosophical foundations of private law, moral and political philosophy, and behavioral economics. He has written articles on contract, legal ethics, distributive justice, democratic theory, and other-regarding preferences. Professor Markovits concentrates, in each area, on the ways in which legal orderings engage the human instinct in favor of sociality to sustain cooperation even among persons who pursue conflicting interests and endorse competing moral ideals. He finds respectful relations in surprising places, for example in contracts between self-interested buyers and sellers, litigation between adversary disputants, and political competition between partisan parties. In each case, Markovits argues, seemingly competitive interactions contain, in their immanent logic, forms of reciprocal recognition and respect. After earning a B.A. in Mathematics, summa cum laude from Yale University, Markovits received a British Marshall Scholarship to study in England, where he was awarded an M.Sc. in Econometrics and Mathematical Economics from the L.S.E. and a B.Phil. and D.Phil. in Philosophy from the University of Oxford. Markovits then returned to Yale to study law and, after clerking for the Honorable Guido Calabresi, joined the faculty at Yale.
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.
Associate Professor of Law and Director, Program on Economics & Privacy, Antonin Scalia Law School, George Mason University
Associate Professor of Law James C. Cooper brings over a decade of public and private sector experience to his research and teaching. He served as Deputy and Acting Director of the Federal Trade Commission’s Office of Policy Planning, Advisor to Federal Trade Commissioner William Kovacic, and an associate in the antitrust group of Crowell and Moring, LLP. His research on vertical restraints, price discrimination, behavioral economics and antitrust, and privacy policy have appeared in top journals and are widely cited.
Professor Cooper has a BA from the University of South Carolina, received his PhD in economics from Emory University, and his law degree (magna cum laude) from Antonin Scalia Law School, George Mason University, where he was a Levy Fellow and a member of the George Mason Law Review.
He teaches Economics for Lawyers, Advanced Seminar on Law & Economics, and Digital Information Policy Seminar.
Professor of Law, University of California Hastings College of the Law
Professor Rory Little began teaching at UC Hastings in 1994 after a distinguished 12-year career as a practicing litigator, criminal defense and prosecution lawyer, and appellate lawyer. He is today a nationally recognized authority on criminal litigation ethics, federal criminal law, appellate litigation, and constitutional issues. On three occasions he has been awarded the “Best Professor” designation by the UC Hastings third-year class.
Professor Little chairs and serves on various committees in the American Bar Association and Federal Bar Association; annually publishes a Review of the Supreme Court’s Term: Criminal Cases for the ABA; and serves as Reporter to the ABA’s Task Force to Revise the Criminal Justice Standards, Prosecution and Defense Functions. He also occasionally serves as an expert witness in litigation matters; provides commentary on current legal issues for various print and electronic media; and maintains an Of Counsel position for appellate matters with the international law firm of McDermott, Will & Emery.
After graduating from Yale Law School, Professor Little served as law clerk to U.S. District Judge Louis F. Oberdorfer (Washington DC); Justice Potter Stewart (ret.), working on matters before the First, Third and Sixth Circuit Courts of Appeal; and Justice William J. Brennan, Jr. Professor Little also clerked for Justices Powell, Stevens, and Chief Justice Burger—a unique one-year experience.
Professor Little then practiced privately at Miller, Cassidy, Larroca & Lewin in Washington D.C. In 1987, he joined the U.S. Department of Justice’s Organized Crime & Racketeering Strike Force as a Trial Attorney. In 1989, he became the Appellate Chief for the U.S. Attorney’s Office in the Northern District of California, and has now argued over 60 federal and state appeals while briefing many more. In 1996 to 1997, Professor Little took a leave of absence from UC Hastings to serve as an Associate Deputy Attorney General in Washington D.C. under Attorney General Janet Reno and Deputy AG Jamie Gorelick.
Chief Legal Correspondent, CBS News
Jan Crawford is CBS News' chief legal correspondent and contributes regularly to the "CBS Evening News," "CBS This Morning," and "Face the Nation," as well as CBS News Radio and CBSNews.com.
Crawford joined CBS News in October 2009. She had been a regular contributor to CBS News in 2005 to 2006.
Crawford is a recognized authority on the Supreme Court whose 2007 book, "Supreme Conflict: The Inside Story of the Struggle for the Control of the United States Supreme Court" (Penguin Press), gained critical acclaim and became an instant New York Times Bestseller. She began covering the Court in 1994 for the Chicago Tribune and went on to become a law and political correspondent for all ABC News programs, a Supreme Court analyst for The NewsHour With Jim Lehrer on PBS and a legal analyst for CBS News' "CBS Evening News" and "Face the Nation." She has reported on most of the major judicial appointments and confirmation hearings of the past 15 years and amassed crucial sources in the White House, the Justice Department and Congress along the way.
Chief Justice John Roberts granted his first network television interview to Crawford, just one of the rare interviews she was able to obtain with a total of five of the Court's current members, as well as retired Justice Sandra Day O'Connor. Crawford also sat down with then-86-year-old Justice John Paul Stevens in his first television interview, as well as Justices Clarence Thomas, Antonin Scalia and Stephen Breyer.
Crawford's in-depth reports on the Bush Administration's legal war on terror and her exclusive reports on controversial interrogation techniques used for terror suspects have received wide acclaim and been credited with being a catalyst for congressional hearings. Washingtonian Magazine named her one of Washington's top journalists.
Crawford began her journalistic career at the Tribune in 1987, joining the legal affairs beat in 1993, after her graduation from the University of Chicago Law School. The newspaper awarded Crawford its highest award in 2001, for her role on a team of reporters covering the presidential election of 2000, and the legal battles over the White House. She won the same prize for her 13-part series on the post-civil rights South, a project that brought her back to her native Alabama.
Crawford graduated from the University of Alabama in 1987. She has taught journalism at American University and frequently speaks about the Court to universities, law schools, legal organizations and civic groups across the country. She is a member of the New York Bar. She and her family live in Washington D.C.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
President, JCN
Carrie Campbell Severino is the president of the JCN, and co-author with Mollie Hemingway of the bestselling book Justice on Trial: The Kavanaugh Confirmation and the Future of the Court. As a go-to expert on the confirmation process, Mrs. Severino has been extensively quoted in the media. She regularly appears on television, including FOX, CNN, MSNBC, C-SPAN, and ABC’s This Week.
Severino writes and speaks on a wide range of judicial issues, including the constitutional limits on government, the federal nomination process, and state judicial selection. She has testified before Congress on constitutional questions and briefed Senators on judicial nominations, and regularly files briefs in high-profile Supreme Court cases. She was a law clerk to Supreme Court Justice Clarence Thomas and to Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit, and is a graduate of Harvard Law School (J.D.), Duke University (B.A., Biology), and Michigan State University (M.A., Linguistics).
Chief Economist, U.S. Chamber of Commerce
Curtis Dubay is the Chief Economist at the U.S. Chamber of Commerce. He tracks the condition of the economy, analyzes the impact of public policy on economic growth, and runs the Chamber’s Chief Economists Committee. Previously, he was senior economist at the American Bankers Association and a research fellow in tax and economic policy at The Heritage Foundation. He also worked at the accounting firm PricewaterhouseCoopers (PwC) and at the Tax Foundation.
Dubay has researched and published frequently on a wide range of tax and economic issues. He isregularly quoted by the press and has appeared often in the media, including on CNBC, Fox Business, Fox News, and C-SPAN. He has testified before Congress several times and been cited in newspapers such as The Wall Street Journal, The New York Times, The Washington Post, USA Today, and Politico.
Dubay received his master’s degree in economics from the University of Connecticut and his bachelor’s degree in economics and leadership studies from the University of Richmond. He resides in Washington, D.C., with his wife and three sons.