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The Natural Law Challenge To Conservative Jurisprudence
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Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Partner, Earth and Water Law; retired Yale Law School professor (1981-2025), Yangtze River Distinguished Professor, Guangzhou Law School, ChinaDistinguished Adjunct Professor at Antonin Scalia Law School
E. Donald Elliott is a Florence Rogatz Visiting Professor of Law at Yale Law School and a leading academic scholar, as well as practitioner, in the fields of administrative and environmental law. He is “one of the most well-known, well-regarded environmental law professors in the nation,” according to John Cruden, former President of the Environmental Law Institute and Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice during the Obama administration. Elliott has been on the Yale Law faculty since 1981 and currently teaches courses in environmental law, energy law, administrative law and civil procedure. He is also senior of counsel in the Washington D.C. office of Covington & Burling LLP, and co-chair of the firm's Environmental Practice Group. From 2003 until he joined Covington in 2013, he was a partner in Willkie Farr & Gallagher LLP, chairing the firm’s worldwide Environment, Health and Safety Department.
From 1989 to 1991, Elliott served as Assistant Administrator and General Counsel of the U.S. Environmental Protection Agency (EPA). In 1993, he was named to the first endowed chair in environmental law and policy at any major American law school, the Julien and Virginia Cornell Chair in Environmental Law and Litigation at Yale Law School. From 2003-2009, he was a member of the National Academy of Sciences Board on Environmental Studies and Toxicology, which advises the federal government on environmental issues. Elliott also testifies frequently in Congress on environmental issues.
He has served as a consultant on improving the relationship of law and science to the Federal Courts Study Committee, which was chartered by Congress to make recommendations for improving the federal courts, and to the Carnegie Commission for Law, Science and Government. He co-chaired the National Environmental Policy Institute’s Committee on Improving Science at EPA.
Elliott is a Senior Fellow of the Administrative Conference of the United States (ACUS) and an elected member of the American College of Environmental Lawyers and the American Law Institute. He serves on the Board of the Connecticut Fund for the Environment and as chair of its legal committee, as well on the Advisory Board for NYU’s Institute for Policy Integrity. He is a former member of the boards of the Environmental Law Institute, and the Center for Clean Air Policy. He is the author or coauthor of seven books and has published more than 70 articles in professional journals. He was named one of the top 25 environmental attorneys in the United States by the National Law Journal and is highly ranked in Chambers USA: Leading Lawyers for Business; Best Lawyers in America; D.C. Super Lawyers; Who’s Who in American Law; and Who’s Who in the World.
He earned both his B.A., summa cum laude and Phi Beta Kappa, and his J.D. from Yale. Following graduation, he was a law clerk for Gerhard Gesell in the U.S. District Court for the District of Columbia, and for Chief Judge David Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit.
Director, Government Affairs, Natural Resources Defense Council
David Goldston is director of government affairs for NRDC in Washington, D.C. and is responsible for its governmental strategies, bringing together NRDC's interactions with Congress, the administration and the public. He has more than twenty years of experience on Capitol Hill, working mainly on science and environmental policy and served as chief of staff of the House Committee on Science from 2001 through 2006. He has been a visiting lecturer at Princeton and Harvard Universities and a columnist for the journal Nature. In 2008 and 2009, he was project director for the Bipartisan Policy Center report, "Improving the Use of Science in Regulatory Policy" and he has served on several panels at the National Academy of Sciences. David graduated from Cornell University in 1978 with a B.A. in history and completed the course work for a Ph.D. in American history at the University of Pennsylvania.
Adjunct Professor, George Washington University Law School
Professor of Law, University of Michigan Law School
Prof. Samuel Bagenstos, who serves as professor of law, specializes in civil rights law, public law, and litigation. From 2009-2011, he was a political appointee in the U.S. Department of Justice, where he served as the Principal Deputy Assistant Attorney General for Civil Rights, the number-two official in the Civil Rights Division. His accomplishments included the promulgation of the 2010 Americans with Disabilities Act regulations—the first comprehensive update of those regulations since they were first promulgated in 1991—and the reinvigoration of the Civil Rights Division's enforcement of the Supreme Court's decision in Olmstead v. L.C., which guarantees people with disabilities the right to live and receive services in the most integrated setting appropriate. He led the negotiations of significant Olmstead v. L.C., which guarantees people with disabilities the right to live and receive services in the most integrated setting appropriate. He led the negotiations of significant Olmsteadsettlements with the states of Delaware and Georgia, which guarantee appropriate, community-based services to thousands of people with disabilities. He also personally argued major cases in federal district courts and courts of appeals.
As an academic, Prof. Bagenstos has published articles in journals such as the Yale Law Journal, the Columbia Law Review, the California Law Review, the Virginia Law Review, and many others. He also has published two books: Law and the Contradictions of the Disability Rights Movement (2009, Yale University Press); and Disability Rights Law: Cases and Materials (2010, Foundation Press). In his "spare time," Prof. Bagenstos remains an active appellate and Supreme Court litigator in civil rights and federalism cases. In one of the most notable cases he has argued, United States v. Georgia, 546 U.S. 151 (2006), the U.S. Supreme Court upheld, as applied to his client's case, the constitutionality of Title II of the Americans with Disabilities Act. Prof. Bagenstos has also testified before Congress on several occasions, including in support of the Fair Pay Restoration Act, the ADA Amendments Act, the Employment Non-Discrimination Act, and the Convention on the Elimination of All Forms of Discrimination Against Women, as well as on the application of the ADA to advancing technology and the problem of mental illness in prisons.
Prior to joining the Michigan Law faculty, Prof. Bagenstos was a professor of law, and, from 2007 to 2008, also associate dean for research and faculty development at Washington University School of Law. He has been on the faculty of Harvard Law School, and was a visiting professor at UCLA School of Law. He clerked for Judge Stephen Reinhardt on the Ninth Circuit for one year, and then joined the Civil Rights Division of the U.S. Department of Justice. Following that position, he served as law clerk for Justice Ruth Bader Ginsburg of the U.S. Supreme Court. In 1993, Prof. Bagenstos earned his JD, magna cum laude, from Harvard, where he received the Fay Diploma and was articles office co-chair for the Harvard Law Review.
Professor, University of Illinois College of Law
Robin Fretwell Wilson is the Mildred Van Voorhis Jones Chair in Law at the University of Illinois College of Law.
A scholar in family law, bioethics and law and religion, Professor Wilson has worked extensively on behalf of state and federal law reform efforts in each realm.
Across two decades, she has worked to secure laws protecting the autonomy of patients to decide when they will be used to teach intimate exams to medical students, laws now in place in 22 states—sixteen of which have been enacted since 2019.
Professor Wilson is known for bridging differences in the culture war. In 2015, she spent a month in residence with the Utah legislature, helping Utah state lawmakers to pass anti-discrimination legislation that balances religious liberty and LGBT rights. In 2019, Professor Wilson assisted the governor of Utah to craft regulations banning gay conversion therapy. In 2019, she also aided U.S. Representative Chris Stewart with portions of the “Fairness for All” he introduced in Congress. A member of the American Law Institute and a Fulbright Specialist, Professor Wilson has served as a consultant to the United Arab Emirates’ Judicial Department as they sought to create a parallel court system for the adjudication by expatriates of family law matters using the laws of their home country or of their faith traditions.
Professor Wilson is the author of 20 books, including her 2018 book, Religious Freedom, LGBT Rights, and the Prospects for Common Ground, with Yale University Professor William Eskridge, Jr., which is now in paperback at Cambridge University Press. Her other books include: The Contested Place of Religion in Family Law (Cambridge University Press, 2018, ed.), Reconceiving the Family: Critical Reflections on the American Law Institute’s Principles of the Law of Family Dissolution (Cambridge University Press, 2006, ed.); The Handbook of Children, Culture & Violence (Sage Publications, 2006, with Nancy Dowd and Dorothy Singer, eds.); Same-Sex Marriage and Religious Liberty: Emerging Conflicts (Rowman & Littlefield, 2008, with Douglas Laycock and Anthony Picarello, eds.); Health Law and Bioethics: Cases in Context (Aspen, 2008, with Joan Krause, Sandra Johnson, and Richard Saver, eds.); Domestic Relations: Cases and Materials, 8th edition (Foundation Press, 2017, with Walter Wadlington and Raymond C. O’Brien); and Understanding Family Law, 4th edition (LexisNexis, 2013, with John DeWitt Gregory and Peter N. Swisher). Her articles have appeared in the Boston College Law Review, Cornell Law Review, Emory Law Journal, Illinois Law Review, North Carolina Law Review, San Diego Law Review, U.C. Davis Law Review, and Washington and Lee Law Review, as well as in numerous peer-reviewed journals.
In 2010 and again in 2016, Professor Wilson was ranked among the Top Ten Family Law Scholars in the United States for scholarly impact. She ranks among the Top 10% of Authors in all time downloads on the Social Science Research Network. Professor Wilson’s scholarship has been cited by the Fifth, Seventh and Tenth Circuit Court of Appeals, the Minnesota Court of Appeals, lower federal courts, and the Supreme Courts of Delaware, Illinois, Iowa, and Washington.
Professor Wilson’s work has been featured in the New York Times, Wall Street Journal, National Public Radio’s All Things Considered, Washington Post, Los Angeles Times, The Atlantic Monthly, U.S. News and World Report, ABA Journal, Chronicle of Higher Education, Chicago Tribune, CNN Headline News, Good Morning America, ABC News, CBS News, Philadelphia Inquirer, Essence Magazine, The American Prospect, People Magazine, The American Conservative, The Australian, and Al Jazeera, among others. She has presented her research across the world, including the United Nations in Geneva, Switzerland, as well as in Argentina, Brazil, Peru, Chile, China, Israel, Qatar, the Netherlands, Italy, England, Wales, Poland, Spain, Serbia, Japan, Canada, Norway, Denmark, Australia, New Zealand, South Africa, Turkey, and France.
Professor Wilson has seven times been honored for her work on innovative laws that respect all persons. In 2007, she received the Citizen’s Legislative Award for her work on changing Virginia’s informed consent law. In 2018, Professor Wilson received the Thomas L. Kane Religious Freedom Award from the J. Reuben Clark Law Society, which is presented annually to an individual who exemplifies the spirit of religious liberty for all and who has contributed in significant ways to the defense of religious freedom in the public square.
In 2018, Professor Wilson was honored as one of the 150 for 150: Celebrating the Accomplishments of Women at the University of Illinois at Urbana-Champaign for its sesquicentennial celebration. In 2020, Professor Wilson received the 2020 Larine Y. Cowan Make a Difference Award for Advocacy for LGBTQ Affairs, a university-wide honor given by the Office of Diversity, Equity and Inclusion at the University of Illinois at Urbana-Champaign.
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.
Managing Partner, Statecraft
Kory Langhofer is the Managing Attorney at Statecraft PLLC, a law firm focusing on government and political law. His practice is concentrated in campaign finance, constitutional litigation, and political matters. He has previously worked as a federal prosecutor, as litigation counsel to the presidential campaigns for Mitt Romney and Donald Trump, and as general counsel for the 2016-2017 presidential transition team.
Kory received his A.B. in political science, summa cum laude, from the University of Illinois at Urbana-Champaign. He received his J.D. from Yale Law School, where he served as an Editor of The Yale Law Journal.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Learned Hand Professor of Law, Emeritus, Harvard Law School
Mary Ann Glendon is the Learned Hand Professor of Law, emerita, at Harvard University, and a former U.S. Ambassador to the Holy See. She writes in the fields of human rights, comparative law, and political theory. Glendon chaired the U.S. State Department Commission on Unalienable Rights (2019-2020) and served as a member of the Commission on International Religious Freedom (2012-2016), and the U.S. President's Council on Bioethics (2001-2004). She received the National Humanities Medal in 2006. In 1991 she was elected to the American Academy of Arts and Sciences. She was President of the Pontifical Academy of Social Sciences from 2003 to 2013, a member of the Board of Supervisors of the Institute of Religious Works (Vatican Bank) from 2013 to 2018, and represented the Holy See at various conferences including the 1995 U.N. Women's conference in Beijing where she headed the Vatican delegation. Glendon has contributed to legal and social thought in several widely translated works, bringing a comparative approach to a variety of subjects. They include The Forum and the Tower (2011), a series of biographical essays exploring the relation between political philosophy and politics-in-action; Traditions in Turmoil (2006), a collection of essays on law, culture and human rights; A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (2001), a history of the framing of the UDHR; A Nation Under Lawyers (1996), a portrait of turbulence in the legal profession, analyzing the implications of changes in legal culture for a democratic polity that entrusts crucial roles to legally trained men and women; Rights Talk (1991), a critique of the impoverishment of political discourse; The Transformation of Family Law (1989), winner of the legal academy’s highest honor, the Order of the Coif Triennial Book Award; Abortion and Divorce in Western Law (1987), winner of the Scribes Book Award for best writing on a legal subject; The New Family and the New Property (1981), and textbooks on comparative legal traditions.
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.