What Compensation is Just in Just Compensation Cases?
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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.
Distinguished Fellow, Hudson Institute
Christopher DeMuth is a distinguished fellow at Hudson Institute. He was president of the American Enterprise Institute for Public Policy Research (AEI) from 1986 to 2008 and was the D.C. Searle Senior Fellow at AEI from 2008 to 2011.
Mr. DeMuth was raised in Kenilworth, Illinois, and attended the Lawrenceville School (1964), Harvard College (A.B. 1968), and the University of Chicago Law School (J.D. 1973). He served as staff assistant to President Richard M. Nixon from 1969 to 1970, working first for Daniel P. Moynihan (then assistant to the President for Urban Affairs) on urban policy matters and then as chairman of the White House Task Force on Environmental Policy. Following law school, he practiced regulatory, antitrust, and general corporate law with Sidley & Austin in Chicago (1973-1976) and was associate general counsel of the Consolidated Rail Corporation (Conrail) in Philadelphia (1976-1977).
From 1977 to 1981, Mr. DeMuth was lecturer in public policy at the Kennedy School of Government at Harvard University, and director of the Harvard Faculty Project on Regulation. There he taught courses on law, economics, and regulatory policy and conducted and sponsored research on health, safety, environmental, and economic regulation.
Returning to Washington in 1981, Mr. DeMuth served as administrator for information and regulatory affairs in the U.S. Office of Management and Budget, and as executive director of the Presidential Task Force on Regulatory Relief during President Ronald Reagan’s first term of office. From 1984 to 1986, he was managing director of Lexecon Inc., a law-and-economics consulting firm; in 1986, he was also publisher and editor-in-chief of Regulation magazine. He was elected president of the American Enterprise Institute in December 1986.
Many of Mr. DeMuth’s articles, lectures, and occasional talks are posted on his website (https://www.ccdemuth.com).
Professor of Law, Antonin Scalia Law School, George Mason University
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
William T. Comfort, III Professor of Law, New York University School of Law
Roderick Hills teaches and writes in public law areas, including constitutional law, local government law, land-use regulation, administrative law, and statutory interpretation. His focus in each area is on the rules and policies governing division of powers between central and subcentral governments. He holds bachelor’s and law degrees from Yale University. Following law school, he served as a law clerk for Judge Patrick Higginbotham of the US Court of Appeals for the Fifth Circuit and practiced law in Colorado. Hills previously taught at the University of Michigan Law School from 1994 to 2006. He is a member of the state bar of New York and the U.S. Supreme Court.
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
Senior Fellow, Governance Studies, The Brookings Institution
Benjamin Wittes is a senior fellow in Governance Studies at The Brookings Institution. He co-founded and is the editor-in-chief of the Lawfare blog, which is devoted to sober and serious discussion of "Hard National Security Choices," and is a member of the Hoover Institution's Task Force on National Security and Law. He is the author of Detention and Denial: The Case for Candor After Guantanamo, published in November 2011, co-editor of Constitution 3.0: Freedom and Technological Change, published in December 2011, and editor of Campaign 2012: Twelve Independent Ideas for Improving American Public Policy (Brookings Institution Press, May 2012). He is also writing a book on data and technology proliferation and their implications for security. He is the author of Law and the Long War: The Future of Justice in the Age of Terror, published in June 2008 by The Penguin Press, and the editor of the 2009 Brookings book, Legislating the War on Terror: An Agenda for Reform.
His previous books include Starr: A Reassessment, published in 2002 by Yale University Press, and Confirmation Wars: Preserving Independent Courts in Angry Times, published in 2006 by Rowman & Littlefield and the Hoover Institution.
Between 1997 and 2006, he served as an editorial writer for The Washington Post specializing in legal affairs. Before joining the editorial page staff of The Washington Post, Wittes covered the Justice Department and federal regulatory agencies as a reporter and news editor at Legal Times. His writing has also appeared in a wide range of journals and magazines including The Atlantic, Slate, The New Republic, The Wilson Quarterly, The Weekly Standard, Policy Review, and First Things.
Benjamin Wittes was born in Boston, Massachusetts. He graduated from Oberlin College in 1990, and he has a black belt in taekwondo.
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.
Executive Director, Salmon P. Chase Center for Civics, Culture, and Society, The Ohio State University
Professor Lee J. Strang serves as the inaugural executive director of the Salmon P. Chase Center for Civics, Culture, and Society at The Ohio State University.
Initiated in 2023 by the state of Ohio, the Chase Center will be an academic home at Ohio State for teaching, research, and programing on the foundations of the American constitutional order and its impact on society. As executive director, Professor Strang is responsible for organizing the center, overseeing the hiring and appointment of the center’s faculty, developing curriculum, and delivering student and academic programming. He also holds a faculty appointment in the Moritz College of Law at Ohio State.
Professor Strang is a nationally recognized legal scholar who has published dozens of articles in leading journals in the fields of constitutional law and interpretation, property law, and religion and the First Amendment. He co-edits the textbook Federal Constitutional Law, and his most recent book, Originalism’s Promise: A Natural Law Account of the American Constitution is the first book-length, natural law justification for originalism. He currently is writing on civic thought and leadership, and he is finalizing a book on the history of American Catholic legal education (with John M. Breen).
Before joining Ohio State, Professor Strang served as the inaugural director of the University of Toledo’s Institute of American Constitutional Thought & Leadership. He joined the Toledo College of Law faculty in 2008, was granted tenure in 2010, and was named John W. Stoepler Professor of Law & Values in 2015. The University of Toledo awarded Professor Strang its Outstanding Faculty Research and Scholarship Award in 2017. Before that, he was a visiting professor at Michigan State University College of Law. A graduate of the University of Iowa, where he was articles editor of the Iowa Law Review and Order of the Coif, Professor Strang holds an LL.M. degree from Harvard Law School.
Professor Strang has been a visiting scholar at the Georgetown Center for the Constitution and a visiting fellow at the James Madison Program at Princeton University. In 2016, he was appointed to the Ohio Advisory Committee of the U.S. Commission on Civil Rights and reappointed as chair in 2023.
Prior to teaching, Professor Strang served as a judicial clerk for Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit. He was also an associate for Jenner & Block LLP in Chicago, where he practiced in general and appellate litigation.
Professor Strang is a frequent presenter at scholarly conferences. He is the president of the Board of Trustees of Northwest Ohio Classical Academy, Ohio’s first classical charter school. He is also a regular participant in debates at law schools across the country, a contributor to the media, and a speaker to political, civic, and religious groups.
Executive Director, Salmon P. Chase Center for Civics, Culture, and Society, The Ohio State University
Professor Lee J. Strang serves as the inaugural executive director of the Salmon P. Chase Center for Civics, Culture, and Society at The Ohio State University.
Initiated in 2023 by the state of Ohio, the Chase Center will be an academic home at Ohio State for teaching, research, and programing on the foundations of the American constitutional order and its impact on society. As executive director, Professor Strang is responsible for organizing the center, overseeing the hiring and appointment of the center’s faculty, developing curriculum, and delivering student and academic programming. He also holds a faculty appointment in the Moritz College of Law at Ohio State.
Professor Strang is a nationally recognized legal scholar who has published dozens of articles in leading journals in the fields of constitutional law and interpretation, property law, and religion and the First Amendment. He co-edits the textbook Federal Constitutional Law, and his most recent book, Originalism’s Promise: A Natural Law Account of the American Constitution is the first book-length, natural law justification for originalism. He currently is writing on civic thought and leadership, and he is finalizing a book on the history of American Catholic legal education (with John M. Breen).
Before joining Ohio State, Professor Strang served as the inaugural director of the University of Toledo’s Institute of American Constitutional Thought & Leadership. He joined the Toledo College of Law faculty in 2008, was granted tenure in 2010, and was named John W. Stoepler Professor of Law & Values in 2015. The University of Toledo awarded Professor Strang its Outstanding Faculty Research and Scholarship Award in 2017. Before that, he was a visiting professor at Michigan State University College of Law. A graduate of the University of Iowa, where he was articles editor of the Iowa Law Review and Order of the Coif, Professor Strang holds an LL.M. degree from Harvard Law School.
Professor Strang has been a visiting scholar at the Georgetown Center for the Constitution and a visiting fellow at the James Madison Program at Princeton University. In 2016, he was appointed to the Ohio Advisory Committee of the U.S. Commission on Civil Rights and reappointed as chair in 2023.
Prior to teaching, Professor Strang served as a judicial clerk for Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit. He was also an associate for Jenner & Block LLP in Chicago, where he practiced in general and appellate litigation.
Professor Strang is a frequent presenter at scholarly conferences. He is the president of the Board of Trustees of Northwest Ohio Classical Academy, Ohio’s first classical charter school. He is also a regular participant in debates at law schools across the country, a contributor to the media, and a speaker to political, civic, and religious groups.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Partner, Friedman Kaplan Seiler & Adelman LLP
The Honorable Robert S. Smith (Ret.) is head of the firm’s appellate practice, and focuses on trials and appeals. Judge Smith joined Friedman Kaplan following his retirement as Associate Judge of the New York State Court of Appeals, New York’s highest court, where he served for more than a decade. During his time on the bench, he wrote scores of opinions and became well known for his judicial scholarship, insight, and intellectual rigor.
Prior to his time on the Court of Appeals, Judge Smith practiced law in New York City, and was a partner with Paul, Weiss, Rifkind, Wharton & Garrison for over 25 years. He has argued dozens of appeals before the federal and New York appellate courts, and two appeals before the United States Supreme Court. His trial experience in complex commercial cases is also extensive. He is a Fellow of the American College of Trial Lawyers.
Since joining Friedman Kaplan, Judge Smith has been active primarily in appeals, trial-level commercial litigation, expert witness testimony, and alternative dispute resolution.
Associate Professor of Law, Cumberland School of Law, Samford University
Brannon P. Denning is Associate Professor of Law at Samford University’s Cumberland School of Law in Birmingham, Alabama. Prior to joining the Cumberland School of Law in 2003, Professor Denning taught at the Southern Illinois University School of Law in Carbondale, Illinois for four years. At Cumberland, Professor Denning teaches Constitutional Law I & II, the First Amendment, and Professional Responsibility. During the Summer of 2005, he was a visiting professor at the University of Tennessee College of Law.
Professor Denning has written extensively on the Commerce Clause, the dormant Commerce Clause doctrine, the constitutional amending process, the confirmation process, the Second Amendment, and on foreign affairs matters. His articles have appeared in the American Journal of International Law, Constitutional Commentary, Foreign Affairs, the Minnesota Law Review, the William and Mary Law Review, and the Wisconsin Law Review, among other journals and periodicals. He has also collaborated with Yale law professor Boris I. Bittker on a treatise on the Commerce Clause and is co-editor of a one-of-a-kind coursebook on gun control and gun rights.
Professor Denning earned a B.A. in political science, magna cum laude, from the University of the South in Sewanee, Tennessee. He received a J.D., magna cum laude, from the University of Tennessee in 1995, and an LL.M. from Yale University in 1999.
The University of Tennessee College of Law, Visiting Professor, 2005. Taught Constitutional Law during the Summer Term.
Cumberland School of Law, Samford University, Associate Professor, 2003-present. Tenure awarded Spring, 2005.
Southern Illinois University School of Law, Assistant Professor, 1999-2003.
Taught constitutional law, legal ethics, Illinois constitutional law, and Introduction to Legislative and Administrative Process. Tenure awarded Spring, 2003.
Yale Law School, Research Associate & Senior Fellow, 1997-1998.
Collaborated with Professor Boris I. Bittker researching and writing Bittker on the Regulation of Interstate and Foreign Commerce (Aspen Law & Business).
Baker, Donelson, Bearman & Caldwell, P.C., Associate, 1995-1997.
Member of health law group in the Memphis, Tennessee office of the state’s largest law firm.
Yale Law School, LL.M., 1999
The University of Tennessee College of Law, J.D., magna cum laude, Order of the Coif, 1995
The University of the South, Sewanee, Tennessee, B.A., magna cum laude, Phi Beta Kappa, 1992
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.
Ralph S. Tyler, Jr. Professor of Constitutional Law, Harvard Law School
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.