Internet Contracting: The Browsewrap Cases
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Pontifical Catholic University of Puerto Rico School of LawPR-163
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Professor of Law; Director, Business Law Program, American University Washington College of Law
David V. Snyder is professor of law at the American University Washington College of Law and is the director of the Business Law Program. He was also a visiting professor of law at the University of Michigan from January to May 2024. He has been a regular visiting professor at the law school of the University of Paris II (Panthéon-Assas) since 2012, and during 2021-2022, he held a Fernand Braudel Senior Fellowship at the European University Institute (Florence). In 2014, he was awarded a McCormick Fellowship, during which he delivered the Wilson Memorial Lecture (University of Edinburgh).
Professor Snyder’s research and teaching interests are primarily in contracts and commercial law, including their U.S., international, and comparative aspects. He is known for his work on international commercial transactions and is the author (with Martin Davies) of International Transactions in Goods: Global Sales in Comparative Context (Oxford University Press 2014). More particularly, he has devoted considerable effort to using contracts to protect the environment and the human rights of workers in international supply chains, and his book (with Susan A. Maslow) Contracts for Responsible and Sustainable Supply Chains (American Bar Association 2023) includes the Model Contract Clauses produced by a working group and task force that he chairs for the ABA Business Law Section. He is also co-chair of a similar working group in Europe. He has published numerous journal articles and book chapters on these and other topics
A Louisiana native, Professor Snyder graduated summa cum laude from Tulane Law School after earning his undergraduate degree cum laude from Yale. He clerked for the Honorable John M. Duhé Jr. of the United States Court of Appeals for the Fifth Circuit and subsequently joined the D.C. firm of Hogan & Hartson (now Hogan Lovells). He began his academic career at Cleveland-Marshall College at Law Cleveland State University and then moved to Indiana University (Bloomington) before joining the faculty at Tulane Law School. He returned to Washington to accept his current appointment in 2006. In addition, Professor Snyder has served as a visiting professor at the University of Paris 10 (Nanterre La Défense), Boston University, and the College of William and Mary, and he has taught summer courses at the University of Mainz (Germany).
Professor Snyder was chair of the Section on Contracts of the Association of American Law Schools (2005-2006) and chaired the Washington steering committee for the XVIIIth International Congress of Comparative Law (2010). He is an elected member of the American Law Institute, a titular member of the International Academy of Comparative Law, and has served on the board of directors of the Washington Foreign Law Society, the board of editors of the American Journal of Comparative Law, and the scientific council of the French Journal of Legal Policy
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.
Judge, U.S. District Court for the Eastern District of Michigan
Stephen J. Murphy, III, joined the United States District Court for the Eastern District of Michigan after presidential appointment and confirmation by the United States Senate on June 24, 2008. He assumed the bench on August 18, 2008.
Previously, Judge Murphy served as the presidentially appointed United States Attorney for the Eastern District of Michigan after he was confirmed by unanimous consent of the United States Senate on June 8, 2005. Prior to confirmation, Judge Murphy had taken the oath of office and served continuously as United States Attorney from March 8, 2005 until his appointment as a district judge.
As United States Attorney, Judge Murphy oversaw one of the largest and busiest United States Attorney's offices in America, with operations in Detroit, Flint and Bay City, more than 100 Assistant United States Attorneys and a similar number of support staff.
Prior to his service as United States Attorney, Judge Murphy was an attorney with the General Motors Legal Staff in Detroit, where he specialized in litigation, internal investigations, counseling on various business law issues and other "white collar" matters. He served during that period as a public arbitrator for the National Association of Securities Dealers.
Judge Murphy also served with the United States Department of Justice for more than twelve years: first as a trial attorney with the Civil and Tax Divisions in Washington, D.C. (hired under the prestigious Attorney General's Honors Program), in which positions he defended various federal agencies and prosecuted criminal tax cases in federal district courts throughout the United States. Then, as an Assistant United States Attorney in Detroit from 1992-2000, Judge Murphy prosecuted and tried various violent, narcotics and several high profile white-collar criminal cases in Detroit's Federal Court.
A 1987 graduate of the St. Louis University School of Law (where he edited the law review), Judge Murphy has also been active in legal and community affairs. He has served on the boards of the Hospice of Michigan, Brighton Hospital, and the Historical Society of the U.S. District Court for the Eastern District of Michigan. He was also appointed by his Court to serve as a member of the State Bar of Michigan's Standing Committee on United States Courts. He is presently a member of the Advisory Committee on Appellate Rules of Judicial Conference of the United States.
Judge Murphy is also an experienced appellate lawyer who, while in private practice, handled indigent criminal appointments in the United States Court of Appeals. He is a published legal author and he has served as an adjunct professor at the Ave Maria, Thomas M. Cooley, University of Detroit Mercy, and University of Toledo schools of law, where he has taught Business/White Collar Crimes, Evidence, Tax Fraud and Trial Practice.
I. Herman Stern Professor of Law
David Post is currently the I. Herman Stern Professor of Law at the Beasley School of Law at Temple University, where he teaches intellectual property law and the law of cyberspace. Professor Post is also an Adjunct Scholar at the Cato Institute, a Fellow at the Institute for Information Law and Policy at New York Law School, and a contributor to the influential Volokh Conspiracy blog. [More detail on Professor Post's research and writings can be found here.]
Trained originally as a physical anthropologist, Professor Post spent two years studying the feeding ecology of yellow baboons in Kenya's Amboseli National Park, and he taught at the Columbia University Department of Anthropology from 1976 through 1981. He then attended Georgetown Law Center, from which he graduated summa cum laude in 1986. After clerking with then-Judge Ruth Bader Ginsburg on the DC Circuit Court of Appeals, he spent 6 years at the Washington D.C. law firm of Wilmer, Cutler & Pickering, practicing in the areas of intellectual property law and high technology commercial transactions. He then clerked again for Justice Ginsburg during her first term on the Supreme Court before joining the faculty of, first, the Georgetown University Law Center (1994-1997) and then the Temple University Law School (1997-present).
Professor Post is the author of Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (3d Edition, West, 2007) (co-authored with Paul Schiff Berman and Patricia Bellia), and In Search of Jefferson's Moose: Notes on the State of Cyberspace (Oxford U. Press, forthcoming 2008), as well as numerous articles on intellectual property, the law of cyberspace, and the application of complexity theory to Internet legal questions that have appeared in the Stanford Law Review, Journal of Legal Studies, Berkeley Technology Law Journal, Esther Dyson's Release 1.0, Journal of Online Law, University of Chicago Legal Forum, Vanderbilt Law Review, Georgetown Law Journal, and numerous other publications. For four years (1994-1998) he wrote a monthly column on law and technology ("Plugging In") for the American Lawyer, and from 1998-2004 he wrote the "On the Horizon" column for InformationWeek (with Bradford Brown). He has appeared as a commentator on the Lehrer News Hour, Court TV's Supreme Court Preview, NPR's All Things Considered, BBC's World, and other television and radio shows, and recently was featured in the PBS documentary The Supreme Court. During 1996-1997 he conducted, along with two colleagues (Professors Larry Lessig and Eugene Volokh) the first Internet-wide e-mail course on "Cyberspace Law for Non-Lawyers" which attracted over 20,000 subscribers. He also sings and plays guitar, piano, banjo, and harmonica in the bands "Bad Dog," "The Dwights," and "The Zen Cohens."
Professor Post's writings can be accessed online via his publications page and personal site (http://www.davidpost.com).
J.D., Georgetown University
Ph.D. (Anthropology), Yale University
B.A., Yale University
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.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
James A. Baker III Chair in the Rule of Law and World Affairs and Associate Dean for Academic Affairs, The University of Texas at Austin School of Law
Bobby Chesney holds the James Baker Chair and also serves as the Associate Dean for Academic Affairs at the University of Texas School of Law. In addition, he is the Director of the Robert S. Strauss Center for International Security and Law, a University-wide research unit bridging across disciplines to improve understanding of international security issues.
In 2009, Professor Chesney served in the Justice Department in connection with the Detention Policy Task Force created by Executive Order 13493. He also previously served the Intelligence Community as an associate member of the Intelligence Science Board and as a member of the Advanced Technology Board. In addition to his current positions at the University of Texas, he is a member of the American Law Institute, and a senior editor for the Journal of National Security Law & Policy, and a former non-resident Senior Fellow of the Brookings Institution.
Professor Chesney is a co-founder and contributor to www.lawfareblog.com, the leading source for analysis, commentary, and news relating to law and national security. In addition to his blogging at Lawfare, those interested in national security law should consider following Professor Chesney on Twitter (@bobbychesney) as well as subscribing to the National Security Law Podcast (which he co-hosts with his colleague Steve Vladeck). Professor Chesney's scholarship focuses on U.S. national security policies and institutions, encompassing both domestic and international law issues. His articles may be downloaded from SSRN here.
Professor Chesney is a magna cum laude graduate of both Texas Christian University and Harvard Law School. After law school he clerked for the Honorable Lewis A. Kaplan of the United States District Court for the Southern District of New York and the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit. He then practiced with the firm Davis Polk & Wardwell in New York (litigation), before beginning his academic career with Wake Forest University School of Law. There he received a teacher of the year award from the student body in one year, and from the school's dean in another. In 2008 he came to the University of Texas School of Law as a visiting professor, and then joined UT on a permanent basis in 2009. He became the Associate Dean for Academic Affairs in 2011.
Professor Chesney teaches a variety of courses, including: Constitutional Law, National Security Law, Foundations of Cybersecurity: Law, Institutions, and Policy; Law of the Intelligence Community; History of U.S. Counterterrorism Law & Policy: 1970 to Present; Evidence, Civil Procedure, and an array of seminars. He is from San Antonio.
Vice President of Washington Operations and Dean of the Van Andel Graduate School of Government, Hillsdale College
Matthew Spalding is the Kirby Professor in Constitutional Government at Hillsdale College and the Dean of the Van Andel Graduate School of Government at Hillsdale College’s Washington, D.C., campus. As Vice President for Washington Operations, he also oversees the Allan P. Kirby, Jr. Center for Constitutional Studies and Citizenship and the academic and educational programs of Hillsdale in the nation’s capital.
He is the best-selling author of We Still Hold These Truths: Rediscovering Our Principles, Reclaiming Our Future, which details America’s core principles, shows how they have come under assault by modern progressive-liberalism, and lays out a strategy to recover them. Spalding is also executive editor of The Heritage Guide to the Constitution, a line-by-line analysis of each clause of the U.S. Constitution. His other books include A Sacred Union of Citizens: Washington’s Farewell Address and the American Character; Patriot Sage: George Washington and the American Political Tradition; and The Founders’ Almanac: A Practical Guide to the Notable Events, Greatest Leaders & Most Eloquent Words of the American Founding.
Prior to joining Hillsdale, Dr. Spalding was vice president of American Studies at The Heritage Foundation and founding director of its B. Kenneth Simon Center for Principles and Politics. He is a Fellow at the Claremont Institute for the Study of Statesmanship and Political Philosophy, and serves on the boards of the Steamboat Institute and the Philadelphia Society.
He received his B.A. from Claremont McKenna College and his M.A. and Ph.D. in government from the Claremont Graduate School. In addition to teaching at Hillsdale, he has taught at George Mason University, the Catholic University of America, and Claremont McKenna College. He and his wife Elizabeth, a Hillsdale alumna, reside with their two children in Arlington, Virginia.
United States Court of Appeals for the 6th Circuit
Author, The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule and Enlightened Democracy: The Case for the Electoral College
Tara Ross is nationally recognized for her expertise on the Electoral College. She is the author of Why We Need the Electoral College (2019), The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule (2017), We Elect A President: The Story of our Electoral College (2016), and Enlightened Democracy: The Case for the Electoral College (2d ed. 2012). She is also the author of She Fought Too: Stories of Revolutionary War Heroines (2019), and a co-author of Under God: George Washington and the Question of Church and State (2008) (with Joseph C. Smith, Jr.). Her Prager University video, Do You Understand the Electoral College?, is Prager’s most-viewed video ever, with more than 60 million views.
Tara often appears as a guest on a variety of talk shows nationwide, and she regularly addresses civic, university, and legal audiences. She’s contributed to several law reviews and newspapers, including the National Law Journal, USA Today, the Washington Examiner, The Hill, The Washington Times, and FoxNews.com. She’s appeared before institutions such as the Cooper Union, Brown University, the Dole Institute of Politics, and Mount Vernon. She’s appeared on Fox News, CSPAN, NPR, and a variety of other national and local shows.
Tara is a retired lawyer and a former Editor-in-Chief of the Texas Review of Law & Politics. She obtained her B.A. from Rice University and her J.D. from the University of Texas School of Law. She resides in Dallas with her husband and children.