What’s Right (and Wrong) with the Confirmation Process . . . And Elena Kagan
The Cornell Club 6 East 44th StreetNew York, New York
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Jacob D. Fuchsberg Professor of Law, New York University School of Law
Professor Friedman is one of the country’s leading authorities on constitutional law and the federal courts. He is a prolific scholar, working at the intersections of law, politics and history. Friedman teaches a wide variety of courses including Constitutional Law, Federal Courts, and Criminal Procedure. He writes extensively about judicial review, constitutional law and theory, federal jurisdiction and judicial behavior. His scholarship appears regularly in the nation’s top law and peer-edited reviews. He is the author of widely-recognized The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution (Farrar, Strauss & Giroux, 2009), which examines the history of the relationship between popular opinion and the Supreme Court, from 1776 to the present. Along with his co-author Stephen Burbank, Friedman co-edited and contributed to Judicial Independence at the Crossroads: An Interdisciplinary Approach, which questions common assumptions about the nature of judicial independence and how it can be protected. The book has been cited and relied upon countless times by scholars and policymakers alike. Professor Friedman is a frequent contributor to the nation's leading journals, both on-line and print. His work has appeared in The New York Times, Salon, The Los Angeles Times, Politico andThe New Republic, among others.
Professor Friedman is a frequent speaker at events of all sorts. Given the interdisciplinary nature of his work, Professor Friedman regularly appears at conferences in law, political science and history. He is a founder and co-convener of the “roughly biennial” Constitutional Theory Conference. He organizes many multi-disciplinary conferences, including one on Modeling Law, and another – done under the auspices of the American Constitution Society – on Reconstruction: America’s Second Founding. He presents papers regularly at home and abroad. He has been a visiting scholar and lecturer at the Rockefeller Foundation Study and Conference Center in Bellagio, Italy, the Groupe d’Etudes et de Recherches sur law Justice Constitutionnelle Aix-en-Provence, Sciences-Po in Aix-en-Provence, and Hong Kong University.
Professor Friedman regularly serves as a litigator or litigation consultant in a variety of matters in the federal and state courts. He has represented a wide range of clients, both public and private. Notably, he represents both civil liberties claimants and state and local governments. He has been active in the areas of reproductive rights, the jurisdictional allocation of cases between the federal and state courts, and the proper scope of the federal government’s commerce power. He has filed a number of amicus briefs with the U.S. Supreme Court.
Actively engaged in a range of important service activities, at NYU Professor Friedman created the Academic Careers Program and founded and is now co-director of the Furman Academic Program. Both programs are dedicated to preparing young scholars for academic careers. In the past he was extensively involved with the American Judicature Society, was President of the Tennessee Civil Liberties Union, served on the Board of the State and Local Legal Center, and on the steering committee of New York University’s Institute for Law and Society. He recently completed a term as Vice Dean of New York University School of Law.
Professor Friedman graduated from the University of Chicago and received his law degree magna cum laude from Georgetown University Law Center. He clerked for the Honorable Phyllis A. Kravitch of the U.S. Court of Appeals for the 11th Circuit and also worked as a litigation associate at Davis, Polk & Wardwell in Washington D.C. He was a professor at Vanderbilt Law School before joining the NYU faculty in 2000. In 1995 he won the Clarence Darrow Award from the ACLU of Tennessee for his work in defense of civil liberties.
J.D., Georgetown University Law Center, 1982
B.A., University of Chicago, 1978
Adjunct Professor, Fordham University School of Law
Ms. McAvoy is an attorney, a former federal prosecutor and former in-house counsel for financial institutions. She specializes in Anti-Money Laundering and Terrorist Financing issues. She is an adjunct professor at Fordham Law School and heads Fordham’s Adjunct Faculty Committee. Ms. McAvoy has been politically active as well, including having run for the position of Comptroller of the City of New York as Rudy Giuliani’s running mate. She also was on John McCain’s NY Steering Committee and was Co-Chair of NY Women for McCain during his most recent presidential bid.
She obtained a Bachelor of Arts degree from St. John’s University in 1984, where she graduated summa cum laude as valedictorian and was NYS debate champion. Ms. McAvoy received a Juris Doctor degree from Fordham Law School in 1987 where she participated as a member of its National Moot Court team.
Ms. McAvoy began practicing law as a litigation associate at Mudge Rose Guthrie & Ferdon. After that she became an Assistant U.S. Attorney in the EDNY’s Civil and Criminal Divisions, where she received awards from both the U.S. Customs Service and the U.S. Department of Agriculture. She practiced in US District Court, the US Court of Appeals for the 2d Circuit, Surrogate’s Court and US Bankruptcy Court. Civil cases she handled included employment discrimination, forfeitures, medical malpractice, suits brought against government employees, Social Security disability, personal injury and tax cases. The criminal matters she handled included money laundering, bank robbery, mail fraud, illegal weapons sales, insurance fraud, credit card fraud, Food Stamp fraud, counterfeiting and narcotics violations.
After leaving the US Attorney’s Office, Ms. McAvoy became Senior Attorney at Morgan Stanley, where she was in charge of anti-money laundering prevention efforts and the reporting of suspicious activity. She also handled insider trading matters, fraud issues, general securities litigation and criminal matters. She received an award from the U.S. Secret Service for her work and as a member of the Securities Industry Ad Hoc Bank Secrecy Act Group she assisted the U.S. Treasury Department and the Federal Reserve Board in drafting suspicious activity regulations relating to the securities industry.
Ms. McAvoy thereafter joined Citigroup, where she was Senior Legal Counsel for Citigroup Corporate Security and Investigative Services, providing legal advice on fraud issues, corporate security, investigations and anti-money laundering compliance for Citigroup’s businesses, including Citibank, Travelers Insurance, Salomon Smith Barney and Primerica Financial Services.
Since 2000 Ms. McAvoy has been doing private consulting work for the financial industry. She has conducted extensive training for banks, securities firms, the NASD and law enforcement. She has also participated in internal corporate investigations and look-backs at financial institutions, has helped institutions develop appropriate policies and procedures and has acted as an expert consulting witness for law firms. She also continues to teach at Fordham Law School as an adjunct professor and remains active in politics.
Ms. McAvoy has provided legal, political and business commentary on a variety of television networks and on radio. She is a regular commentator on foxnews.com’s Strategy Room and has appeared on various programs on the Fox Cable News Channel including The O’Reilly Factor. She is a legal contributor for the Grinder Show on NY 970 The Apple, a nationally broadcast radio show which also streams live on the internet.
Dean and Iwan Foundation Professor of Law, University of Illinois College of Law
Dean Amar joined the College of Law as its dean in 2015, after having been a professor of law for many years at law schools in the University of California System, most recently the UC Davis School of Law, where he served as Senior Associate Dean for Academic Affairs. Amar is one of the most eminent and frequently cited authorities in constitutional law, federal courts, and civil procedure. He has produced several books and over 60 articles in leading law reviews. He is a co-author (along with Akhil Reed Amar and Steven Calabresi) of the upcoming edition of the six-volume Treatise on Constitutional Law (West Publishing Co., 6th ed. 2021) pioneered by Ron Rotunda and John Nowak, as well as the hardbound and soft-cover one-volume hornbooks that derive from it. He is also a co-author (along with Jonathan Varat) of Constitutional Law: Cases and Materials (Foundation Press, 15th ed. 2017), a co-author on multiple volumes of the Wright & Miller Federal Practice and Procedure Treatise (West Publishing Co. 2006), and a co-author (along with John Oakley) of a one-volume treatise on American Civil Procedure (Kluwer, 2008). He writes a biweekly column on constitutional matters for Justia.com and a monthly column on legal education for abovethelaw.com, is a frequent commentator on local and national radio and TV, and has penned dozens of op-ed pieces for major newspapers and magazines.
A strong proponent of public and professional engagement, Amar is an elected member of the American Law Institute and has served as a consultant for, among others, the National Association of Attorneys General, the United States Department of Justice, the California Attorney General’s Office, the ACLU of Southern California, and the Center for Civic Education. For one year he chaired the Civil Procedure Section of the Association of American Law Schools.
Amar earned his bachelor’s degree from UC Berkeley and his juris doctor from Yale Law School, where he was an articles editor for the Yale Law Journal. He then clerked for Judge William A. Norris of the United States Court of Appeals for the Ninth Circuit and for Justice Harry A. Blackmun of the United States Supreme Court before joining Gibson, Dunn & Crutcher, where he handled a variety of complex civil and white-collar criminal matters. It appears that dean Amar was the first person of South Asian heritage to clerk at the U.S. Supreme Court, and was the first American-born person of Indian descent to serve as a dean of a major American law school. Follow Dean Amar’s bi-weekly column on Justia.com and his monthly column on Above the Law, and read archived posts from his FindLaw.com column.
Earl Warren Professor of Public Law (Emeritus), UC Berkeley School of Law
Jesse Choper served as law clerk to Chief Justice Earl Warren of the U.S. Supreme Court following graduation from law school. He taught at the Wharton School of the University of Pennsylvania from 1957 to 1960, and at the University of Minnesota Law School from 1961 to 1965. He joined the Berkeley Law faculty in 1965. Choper has been a visiting professor at Harvard Law School, Fordham Law School, University of Milan, Free University in Amsterdam, Autonoma University in Barcelona, University of New South Wales in Sydney, University of Lucerne in Switzerland, and Catholic University of Portugal in Lisbon and Porto. He served as Berkeley Law’s dean from 1982 to 1992.
From 1979 to 1998, Choper was one of the three major lecturers at U.S. Law Week’s Annual Constitutional Law Conference in Washington, D.C. He has delivered 20 titled lectures at major universities throughout the country, including the Cooley Lectures at Michigan, the Stevens Lecture at Cornell, the Baum Lecture at Illinois, and the Lockhart Lecture at Minnesota. He has served on the executive committee of the Association of American Law Schools, and on the executive council of the American Academy of Arts and Sciences (of which he was vice president for more than ten years). He was national president of the Order of the Coif and is a member of the American Law Institute. In 1998 he received the UC Berkeley Distinguished Teaching Award and the Rutter Award for Teaching Distinction at Berkeley Law in 2006. In 2005 the Berkeley Law Alumni Association presented Choper with the Faculty Lifetime Achievement Award and the University of Pennsylvania Law School gave him the James Wilson Award, its highest award for alumni.
Choper’s major publications include the books, Judicial Review and the National Political Process: A Functional Reconsideration of the Role of the Supreme Court, which received the Order of the Coif Triennial Book Award in 1982, and Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses. His recent publications include the thirteenth edition of his Constitutional Law casebooks; the eighth edition of his Corporations casebook; the second edition of The Supreme Court and Its Justices; “The Political Question Doctrine: Suggested Criteria,” in Duke Law Journal (2005); “Wartime Process: A Dialogue on Congressional Power to Remove Issues From the Federal Courts,” in California Law Review (2007) (co-author); and “Who’s Afraid of the Eleventh Amendment? The Limited Impact of the Court’s Sovereign Immunity Rulings,” in Columbia Law Review (2006) (co-author).
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.
United States Senator, Texas
Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.
Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.
Professor of Law and Director, Center for the Middle East and International Law, George Mason University Antonin Scalia Law School
Professor of Law Eugene Kontorovich is one of the world’s preeminent experts on universal jurisdiction and maritime piracy, as well as international law and the Israel-Arab conflict. He is also the Director of Scalia Law School's Center for the Middle East and International Law. Professor Kontorovich joined the Scalia Law School from Northwestern University Pritzker School of Law where he was a Professor of Law from 2011 to 2018 and an Associate Professor from 2007 to 2011. Previously, he was a Visiting Professor at the University of Chicago from 2005 to 2007 and an Assistant Professor at George Mason School of Law from 2003 to 2007.
Professor Kontorovich has published over thirty major scholarly articles and book chapters in leading law reviews and peer-reviewed journals in the United States and Europe, including the American Journal of International Law, International Review of Law & Economics, Stanford Law Review, California Law Review, University of Pennsylvania Law Review, and Virginia Law Review. His scholarship has been cited in leading foreign relations and international law
His expertise is often sought out and quoted by major news organizations such the New York Times, Wall Street Journal, NPR News, The New Yorker, Los Angeles Times, and numerous television and radio programs. Prof. Kontorovich’s popular writings have appeared in the New York Times, Wall Street Journal, Los Angeles Times, POLITICO, Commentary, Haaretz, and numerous other leading publications. He is also a regular contributor to the Washington Post’s Volokh Conspiracy legal blog.
He attended the University of Chicago for college and law school. After law school, he clerked for Judge Richard Posner on the United States Court of Appeals for the Seventh Circuit. He has been honored with a fellowship at the Institute for Advanced Study in Princeton, in 2011-12, and with the Federalist Society’s prestigious Bator Award, given annually to a young scholar (under 40), for outstanding scholarship and teaching.
Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
U.S. Representative, 21st District of Texas
Rep. Chip Roy is a devoted husband and father of two currently serving his third term in Congress representing Texas's 21st Congressional District—which includes South Austin, North San Antonio, and the Texas Hill Country.
Previously, Rep. Roy served as First Assistant Attorney General of Texas under Ken Paxton, Chief of Staff to Sen. Ted Cruz, senior advisor to Texas Governor Rick Perry, Senate Judiciary Committee staff director under Sen. John Cornyn, and as a federal prosecutor. Prior to the public sector, he worked for nearly three years as an investment banking analyst.
Rep. Roy holds a B.A. and M.A from the University of Virginia and a J.D. from the University of Texas. He serves on the House Judiciary, Rules, and Budget Committees and is the Policy Chair of the House Freedom Caucus.
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
United States District Court, Western District of North Carolina
Professor of Law, University of Miami School of Law
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom