Is Administrative Law Unlawful?
The Cornell Club 6 East 44th StreetNew York, New York 10017
Here are the latest events.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Founder and Director, James Wilson Institute on Natural Rights & the American Founding
Hadley Arkes joined the faculty of Amherst College in 1966. He became the Edward Ney Professor of Jurisprudence in 1987, and held that chair until he retired officially in July 2015. But he has not retired from writing and speaking. He has carried that teaching into a new phase; he has become the Founder and Director of the James Wilson Institute on Natural Rights and the American Founding in Washington, D.C. He has written eight books, mostly with Princeton and Cambridge University Presss. Among the books at Princeton have been: The Philosopher in the City (1981), First Things (1986), Beyond the Constitution (1990), and The Return of George Sutherland (1994). With Cambridge Press he has done Natural Rights and the Right to Choose (2002), and Constitutional Illusions & Anchoring Truths: The Touchstone of the Natural Law (2010). His most recent book, with Regnery Press is Mere Natural Law (2023) His articles have appeared in professional journals, but apart from his writing in more scholarly formats, he has become known to a wider audience through his writings in the Wall Street Journal, National Review, Civitas and First Things, a journal that took its name from his book of that title.
He was the main advocate, and architect, of the bill that became known as the Born-Alive Infants’ Protection Act. The account of his experience, in moving the bill through Congress, is contained as an epilogue or memoir in his book, Natural Rights & the Right to Choose. Arkes first prepared his proposal as part of the debating kit assembled for the first George Bush in 1988. The purpose of that proposal was to offer the “most modest first step” of all in legislating on abortion, and opening a conversation even with people who called themselves “pro-choice.” Professor Arkes proposed to begin simply by preserving the life of a child who survived an abortion–contrary to the holding of one federal judge, that such a child was not protected by the laws. Professor Arkes led the testimony on the bill before the Judiciary Committee of the U.S. House in July 2000, then again in July 2001. The legislative calendar was upended in the aftermath of September 11th, but in March 2002, the bill was brought to the floor of the House, where it passed unanimously. To the surprise of Professor Arkes, the bill was brought to the floor of the Senate on July 18 by the Deputy Majority Leader, Harry Reid, and passed in the same way. On August 5, President Bush signed the bill into law with Professor Arkes in attendance.
Professor Arkes was the founder, at Amherst, of the Committee for the American Founding, a group of alumni and students seeking to preserve, at Amherst, the doctrines of “natural rights” taught by the American Founders and Lincoln. That interest has been carried over now to the founding of a new center for the jurisprudence of natural law, in Washington, D.C.: the James Wilson Institute on Natural Rights and the American Founding, named for one of the premier minds among the American Founders. Professor Arkes has drawn to this project a cluster of accomplished federal judges who have wanted to get a firmer hold on the natural law, and brought them together with some gifted teachers of philosophy and law. The new institute will be sponsoring lectures and seminars in Washington and other parts of the country. The purpose of this new James Wilson Institute is to teach anew, to lawyers, judges, and students those principles of law that furnished the guide to the American Founders as they set about framing a Constitution. And the hope is to restore, to a new generation, the furnishings of mind of the men who formed this regime.
Roger Williams University School of Law
Associate Professor of Law, University of Notre Dame Law School
Sherif Girgis joined Notre Dame Law School in 2021. Prior to joining Notre Dame Law, Sherif practiced law at Jones Day in Washington, D.C., where he focused on appellate and complex civil litigation. Before that, Girgis served as a law clerk to Justice Samuel Alito, Jr., of the U.S. Supreme Court and Judge Thomas B. Griffith of the U.S. Court of Appeals for the D.C. Circuit. Now completing his Ph.D. in philosophy at Princeton, Girgis earned his J.D. at Yale Law School, where he served as an editor of the Yale Law Journal and won the Felix S. Cohen Prize for best paper in legal philosophy. Before law school, he earned a master's degree (B.Phil.) in philosophy from the University of Oxford as a Rhodes Scholar, and his bachelor's degree in philosophy from Princeton, Phi Beta Kappa and summa cum laude. Girgis is coauthor of What Is Marriage? Man and Woman: A Defense, cited in a dissent in United States v. Windsor, and Debating Religious Liberty and Discrimination, released by Oxford University Press in 2017. His work at the intersection of philosophy and law--including criminal law, constitutional liberties, and jurisprudence--has appeared in academic and popular venues including the Yale Law Journal, the Virginia Law Review, the University of Pennsylvania Law Review, the Harvard Journal of Law and Public Policy, the American Journal of Jurisprudence, the Cambridge Companion to Philosophy of Law, The New York Times, and The Wall Street Journal.
L.V. Hackley Chair for the Study of Capitalism and Free Enterprise, and Distinguished Professor of Economics, Fayetteville State University
Nikolai G. Wenzel is the L.V. Hackley Chair for the Study of Capitalism and Free Enterprise, and Distinguished Professor of Economics at Fayetteville State University (Fayetteville, NC). He is a Research Fellow of the Institut Economique Molinari (Paris France); from 2008 to 2019, he was a Research Fellow at the University of Paris Law School (Center for Law & Economics). Dr. Wenzel has held appointments as Associate Professor at Flagler College, Visiting Assistant Professor at Florida Gulf Coast University, and Wallace and Marion Reemelin Chair in Free-Market Economics (Assistant Professor) at Hillsdale College.
Dr. Wenzel has a Ph.D. in economics from George Mason University (where he was an H.B. Earhart fellow) and a BSFS cum laude in international affairs from the School of Foreign Service at Georgetown University.
Dr. Wenzel is a former Foreign Service Officer with the US State Department; for two years, he worked at the US Embassy in Mexico City, where he was vice consul and special assistant to the US ambassador. He subsequently worked for various free-market think tanks while completing his doctoral coursework.
Dr. Wenzel is a member of the Mont Pelerin Society, the Society for the Development of Austrian Economics, and the Association of Private Enterprise Education. He sat for four years on the Executive Committee of the Association of Private Enterprise Education and is currently on the Board of Scholars of the Foundation for Economic Education. From 2014 to 2019, he taught political economy for the Asia Institute of Political Economy, co-sponsored by George Mason University and the Fund for American Studies at Hong Kong University.
Dr. Wenzel has published more than fifty scholarly articles and book chapters, and is the co-author of a book on the libertarian-conservative debate (Stanford University Press, 2016). He is on the editorial board of Cosmos and Taxis and the Journal des Libertés. Since January 2020, he has been the editor of the Journal of Entrepreneurship and Public Policy.
When not writing on political economy, Dr. Wenzel dabbles in wine economics. He is a member of the Georgetown Chimes, Georgetown University's male a cappella singing group, and a novice bluegrass guitar picker and singer. He has traveled to 61 countries in the Americas, Asia and Europe, and to 49 US states. He is fluent in English, French, and Spanish, with conversational German and Italian.
Senior Attorney, Pacific Legal Foundation
Brian Hodges is a Senior Attorney at PLF’s Pacific Northwest office in Bellevue, Washington. Brian focuses his practice on defending of the right of individuals to make reasonable use of their property, free of unnecessary and oppressive regulations.
In 2013, Brian second-chaired Koontz v. St. Johns River Water Management District before the U.S. Supreme Court, a case that placed constitutional limits on the government’s common practice of demanding that landowners fund unrelated public projects in exchange for a permit approval. And in the 2008 case, Citizens’ Alliance for Property Rights v. Sims, Brian successfully challenged a Seattle-area ordinance that required all rural property owners to dedicate at least half their land as conservation areas as a mandatory condition of any new development without any showing that rural development would impact the environment.
Brian graduated from Seattle University of Law in 2001 with honors. After which, he served as a judicial clerk at the Washington State Court of Appeals, then entered private practice where he focused on appellate advocacy for several years before joining PLF in 2006.
Brian came to the liberty movement by an uncommon route: the arts. Brian played guitar and keyboards in several Seattle-area bands before eventually studying music composition and literature at the University of Washington—earning two Bachelor’s Degrees and a Master of Arts. Through that experience, he came to firmly believe that the goal of art—indeed, the goal of any creative ambition—is to maximize individual freedom and expression, tempered by personal responsibility and ownership, rather than outside oversight or arbitrary restriction. Carrying that philosophy into law school naturally led him to fight for individual rights.
Senior Staff Attorney, Pacific Legal Foundation
Theodore Hadzi-Antich is a Senior Staff Attorney at the Pacific Legal Foundation's National Litigation Center. He is the lead attorney in three cases under the Clean Air Act involving challenges to greenhouse gas regulations of the United States Environmental Protection Agency. These cases, which raise issues of first impression challenging carbon dioxide regulation under the Clean Air Act, involve thousands of parties litigating in federal courts located in the District of Columbia.
Formerly an environmental regulator, law professor, and private practitioner, Mr. Hadzi-Antich has over 30 years of experience as an environmental lawyer and has handled a wide variety of matters under the federal Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Toxic Substances Control Act, National Environmental Policy Act, and their state counterparts. He also has handled numerous environmental issues arising in connection with business transactions on four continents. Immediately prior to joining PLF, Mr. Hadzi-Antich served for 15 years as the founder and principal of The Law Offices of Theodore Hadzi-Antich, a law firm in Buffalo, New York, concentrating on environmental and international issues.
Mr. Hadzi-Antich is admitted to practice law in California, New York, Maryland, Tennessee, the District of Columbia, and the United States Supreme Court. He has been a frequent author and lecturer on environmental topics during his three decades as an environmental lawyer.
Mr. Hadzi-Antich received a J.D. degree from the University of Oklahoma College of Law in 1976 and a B.A. degree from the University of Connecticut in 1973.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.