September 2016 DC Luncheon with Jan Crawford
Tony Cheng's Restaurant 619 H Street, N.W. (Gallery Place Metro)Washington, District of Columbia 20007
Here are the latest events.
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.
Professor of Law and Director of the Center for Intellectual Property Law, Maurice A. Deane School of Law at Hofstra University
Professor Manta teaches intellectual property law subjects. Her research examines the intersection between intellectual property law and social science, with a focus on psychology. She has most recently written about the hedonic value of trademarks and its legal implications, the problem of cognitive bias in copyright infringement litigation, price discrimination through software licensing in the age of the Internet of Things, and the role of criminal sanctions in intellectual property. Professor Manta has published or has forthcoming work in the Emory Law Journal, William & Mary Law Review, Iowa Law Review, Alabama Law Review, Boston College Law Review, Ohio State Law Journal, Washington and Lee Law Review, Harvard Journal of Law & Technology, Stanford Technology Law Review, Florida Law Review, Arizona Law Review, and Cornell Law Review Online, among others. She is also a co-author for a forthcoming textbook on criminal law issues in intellectual property. Professor Manta has further been a guest blogger for PrawfsBlawg and for Concurring Opinions. In 2014, she received the Lawrence A. Stessin Prize for Outstanding Scholarly Publications, which is awarded to two junior faculty members across all disciplines at Hofstra University.
Before joining the law school faculty in 2012, Professor Manta was an Assistant Professor of Law at the Case Western Reserve University School of Law. She was a Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago Law School from 2007 to 2009. Professor Manta has also served on the faculties of Brooklyn Law School, The George Washington University School of Law, and the University of Arkansas at Little Rock William H. Bowen School of Law. She clerked for Judge Morris S. Arnold on the U.S. Court of Appeals for the Eighth Circuit for the 2006-2007 term.
While earning her J.D. at Yale Law School, Professor Manta was the grand prize winner of the Foley & Lardner LLP Intellectual Property Writing Competition. She also served as tributes editor of the Yale Law Journal, articles editor of the Yale Law & Policy Review, and editor of the Yale Journal on Regulation. She graduated magna cum laude from Yale University with a B.A. in psychology.
Partner, Gibson Dunn & Crutcher LLP
Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
Director of Regulation Policy, American Action Forum
Sam Batkins is director of regulatory policy at the American Action Forum. Batkins focuses his research on examining the rulemaking efforts of administrative agencies and Congress. His work has appeared in The Wall Street Journal, The New York Times, The Hill, Reuters, and The Washington Post, among other publications. He has testified before the U.S. House, Senate, and state legislatures across the country.
Prior to joining the Forum, Batkins worked at the U.S. Chamber of Commerce, Institute for Legal Reform and the National Taxpayers Union. At the U.S. Chamber, he focused on lawsuit abuse, tort reform, and federal regulation. During his time at the National Taxpayers Union, he conducted studies on state and federal spending.
Batkins received his B.A. in political science from Sewanee: The University of the South, where he graduated summa cum laude and was inducted into Phi Beta Kappa. He received his J.D. from Catholic University of America, Columbus School of Law. He is a member of the Maryland Bar.
Senior Policy Analyst, The George Washington University Regulatory Studies Center
Sofie Miller's regulatory research portfolio includes economic analysis of energy efficiency standards, analysis of regulatory benefits, use of cost benefit analysis by agencies, retrospective review of existing rules, regressive effects of regulations, and the efficacy of public participation within the rulemaking process. Sofie has submitted public comments on regulations establishing energy efficiency standards, airline passenger protections, consumer product safety, and standards to prevent foodborne illnesses. Sofie has published articles in Regulation Magazine and the journal Engage, and is the editor of the GW Regulatory Studies Center's weekly Regulation Digest, which tracks regulatory developments in federal agencies, think tanks, and the media.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Thomas W. Smith Fellow; Contributing Editor, City Journal, Manhattan Institute
Heather Mac Donald is the Thomas W. Smith Fellow at the Manhattan Institute, a contributing editor of City Journal, and a New York Times bestselling author. She is a recipient of the 2005 Bradley Prize. Mac Donald’s work at City Journal has covered a range of topics, including higher education, immigration, policing, homelessness and homeless advocacy, criminal-justice reform, and race relations. Her writing has appeared in the Wall Street Journal, Washington Post, New York Times, Los Angeles Times, The New Republic, and The New Criterion. Mac Donald's newest book, The Diversity Delusion: How Race and Gender Pandering Corrupt the University and Undermine Our Culture (2018), argues that toxic ideas first spread by higher education have undermined humanistic values, fueled intolerance, and widened divisions in our larger culture.
Mac Donald’s The War on Cops (2016), a New York Times bestseller, warns that raced-based attacks on the criminal-justice system, from the White House on down, are eroding the authority of law and putting lives at risk. Other previous works include The Burden of Bad Ideas (2001), a collection of Mac Donald’s City Journal essays, details the effects of the 1960s counterculture’s destructive march through America’s institutions. In The Immigration Solution: A Better Plan than Today’s (2007), coauthored with Victor Davis Hanson and Steven Malanga, she chronicles the effects of broken immigration laws and proposes a practical solution to securing the country’s porous borders. In Are Cops Racist? (2010), another City Journal anthology, Mac Donald investigates the workings of the police, the controversy over so-called racial profiling, and the anti-profiling lobby’s harmful effects on black Americans.
A nonpracticing lawyer, Mac Donald clerked for the Honorable Stephen Reinhardt, U.S. Court of Appeals for the Ninth Circuit, and was an attorney-advisor in the Office of the General Counsel of the U.S. Environmental Protection Agency and a volunteer with the Natural Resources Defense Council. She has frequently testified before U.S. House and Senate Committees. In 1998, Mac Donald was appointed to Mayor Rudolph Giuliani’s task force on the City University of New York. She has received numerous awards for her writing:
A frequent guest on Fox News and other TV and radio programs, Mac Donald holds a B.A. in English from Yale University, graduating with a Mellon Fellowship to Cambridge University, where she earned an M.A. in English and studied in Italy through a Clare College study grant. She holds a J.D. from Stanford University Law School.
At the Criminal Justice Legal Foundation's 2018 annual meeting in downtown Los Angeles, U.S. Attorney General Jeff Sessions called Mac Donald, “the greatest thinker on criminal justice in America today.”
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.
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.
Senior Fellow, Cato Institute
Doug Bandow is a senior fellow at the Cato Institute, specializing in foreign policy and civil liberties. He worked as special assistant to President Reagan and editor of the political magazine Inquiry. He writes regularly for leading publications such as Fortune magazine, National Interest, Wall Street Journal, and Washington Times. Bandow speaks frequently at academic conferences, on college campuses, and to business groups. Bandow has been a regular commentator on ABC, CBS, NBC, CNN, Fox News Channel, and MSNBC. He holds a J.D. from Stanford University.
Associate Professor of Law, University of Iowa College of Law
Mihailis Diamantis’ legal research focuses on corporate crime and criminal theory. He is concerned with how familiar concepts like mens rea shape corporate incentives and the justice of verdicts involving corporate defendants. He has subsidiary interests in privacy law and surveillance.
Professor Diamantis has a courtesy appointment with the Department of Philosophy. His philosophical writings cover a range of topics from action theory, to moral psychology, to experimental philosophy.
Prior to joining the faculty at Iowa, Professor Diamantis was an associate at Columbia Law School. He clerked on the Ninth Circuit Court of Appeals and worked on white-collar investigations as an attorney at Debevoise & Plimpton LLP.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Senior Attorney, National Taxpayers Union Foundation
Tyler Martinez is a Senior Attorney at the Taxpayer Defense Center, the strategic litigation arm of National Taxpayers Union Foundation. He has experience setting up nonprofit public interest arms for multiple organizations in the Washington, DC area and thus has experience in First Amendment, Tax, and Administrative Law. He has practiced strategic litigation against government overreach since 2011, handling federal and state cases across the country.
Tyler’s interest in strategic public interest work and in tax law comes down to the simple principle: getting the government out of people’s business. Transparency is for the government, but privacy is for the people. He finds and focuses on examples of government overreach particularly those involving use of private information, dragnet data collection, and other attacks on privacy of association.
Tyler earned his Juris Doctor from the University of Colorado Law School, while winning accolades for his advocacy skills and serving as Executive Editor of the Journal on Telecommunications and High Technology Law. He is licensed to practice law in Colorado and the District of Columbia. He is further admitted to the bars of the following federal courts: Supreme Court of the United States, D.C. Circuit, First Circuit, Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Eighth Circuit, Tenth Circuit, and various federal district courts across the country.