Masterpiece Cakeshop and the First Amendment"
Brigham Young Student Chapter
J. Reuben Clark Law School341 E Campus Dr
Provo, UT 84602
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Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Professor of Law and Faculty Director, Solomon Center for Health Law and Policy, Yale Law School
Abbe R. Gluck is a Professor of Law and the Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School. She joined Yale Law School in 2012, having previously served on the faculty of Columbia Law School. She is an expert on Congress and the political process, federalism, civil procedure, and health law, and is the chair emerita of Section on Legislation and the Law of the Political Process for the Association of American Law Schools. Gluck has extensive experience working as a lawyer in all levels of government. Prior to joining Columbia, she served in the administration of New Jersey Governor Jon Corzine as the special counsel and senior advisor to the New Jersey Attorney General; and in the administration of New York City Mayor Michael Bloomberg, as chief of staff and counsel to the Deputy Mayor for Health and Human Services, senior counsel in the New York City Office of Legal Counsel, and deputy special counsel to the New York City Charter Revision Commission. Prior to law school, she worked in the U.S. Senate for Senator Paul S. Sarbanes of Maryland. Before returning to government work after law school, Professor Gluck was associated with the Paul Weiss firm in New York. She earned her B.A. from Yale University, summa cum laude, and her J.D. from Yale Law School. Following law school, she clerked for then-Chief Judge Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit, and for U.S. Supreme Court Justice Ruth Bader Ginsburg. Gluck's scholarship has been published in the Yale Law Journal, the Harvard Law Review, the Stanford Law Review, the Columbia Law Review, the New England Journal of Medicine, Health Affairs, and many other journals. Among her most recent work is the most extensive empirical study ever conducted about the realities of the congressional law-making process (published in the Stanford Law Review) and the Harvard Law Review's Supreme Court issue comment on King v. Burwell, the 2015 challenge to the Affordable Care Act. She also served as co-counsel on a Supreme Court brief in both King and the 2012 ACA challenge, NFIB v. Sebelius. Professor Gluck currently serves on numerous boards and commissions, including as an appointed member of both the Uniform Law Commission and the New York State Taskforce on Life and the Law, and as an elected member of the American Law Institute. In 2015, Gluck received the Law School's teaching award.
Associate Justice, California Supreme Court
Justice Goodwin Liu is an Associate Justice of the California Supreme Court. He was confirmed to office by a unanimous vote of the California Commission on Judicial Appointments on August 31, 2011, following his appointment by Governor Edmund G. Brown, Jr. on July 26, 2011. The Governor administered the oath of office to Justice Liu in a public ceremony in Sacramento, California on September 1, 2011.
Before joining the state’s highest court, Justice Liu was Professor of Law at the UC Berkeley School of Law (Boalt Hall). His primary areas of expertise are constitutional law, education law and policy, and the U.S. Supreme Court. He has published widely on these subjects in books, law reviews, and the general media.
The son of Taiwanese immigrants, Justice Liu grew up in Sacramento, where he attended public schools. He went to Stanford University and earned a bachelor’s degree in biology in 1991. He attended Oxford University on a Rhodes Scholarship and earned a masters degree in philosophy and physiology. Upon returning to the United States, he went to Washington D.C. to help launch the AmeriCorps national service program and worked for two years as a senior program officer at the Corporation for National Service.
Justice Liu graduated from Yale Law School in 1998, becoming the first in his family to earn a law degree. He clerked for Judge David Tatel on the U.S. Court of Appeals for the D.C. Circuit and then worked as Special Assistant to the Deputy Secretary of the U.S. Department of Education, where he developed and coordinated K-12 education policy. He went on to clerk at the U.S. Supreme Court for Justice Ruth Bader Ginsburg during the October 2000 Term. In 2001, he joined the appellate litigation practice of O’Melveny & Myers in Washington, D.C., and worked on an array of antitrust, white collar, insurance, product liability, and pro bono matters.
Justice Liu is a prolific and influential scholar. He has published articles on constitutional law and education policy in the California Law Review, Michigan Law Review, NYU Law Review, Stanford Law Review, and Yale Law Journal, among others. His 2006 article, “Education, Equality, and National Citizenship,” won the Steven S. Goldberg Award for Distinguished Scholarship in Education Law, conferred by the Education Law Association. Justice Liu is also a popular and acclaimed teacher. In 2009, he received UC Berkeley’s Distinguished Teaching Award, the university’s most prestigious honor for individual excellence in teaching. He earned tenure at Boalt Hall in 2008 and was promoted to Associate Dean. The Boalt Hall Class of 2009 selected him as the faculty commencement speaker.
Justice Liu serves on the Council of the American Law Institute, on the Board of Directors of the James Irvine Foundation, and on the National Academy of Sciences Committee on Science, Technology, and Law. He has previously served on the Board of Trustees of Stanford University and the board of directors of the American Constitution Society, the National Women’s Law Center, and the Public Welfare Foundation. In 2008, he was elected to the American Law Institute. He has also served as a faculty advisor to the California College Prep Academy, a public charter school co-founded by UC Berkeley and Aspire Public Schools.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
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.