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2009 National Student Symposium
Separation of Powers in American Constitutionalism
Yale Law School127 Wall Street
New Haven, CT 06511
Here are the latest events.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Professor of History, Western Connecticut State University
Kevin R. C. Gutzman is the New York Times best-selling author of five books, including the new Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, a History Book Club Selection. Gutzman is Professor and former Chairman in the Department of History at Western Connecticut State University and a faculty member at LibertyClassroom.com . He holds a bachelor's degree (With Honors and With Special Honors in History), a master of public affairs degree, and a law degree from the University of Texas at Austin, as well as an MA and a PhD in American history from the University of Virginia.
Dr. Gutzman's first book was the New York Times best-seller The Politically Incorrect Guide to the Constitution, which was a Main Selection of the Conservative Book Club. It is the only Jeffersonian account of American constitutional history. His second book, Virginia’s American Revolution: From Dominion to Republic, 1776-1840, explores the issue what the Revolutionaries made of the Revolution in Thomas Jefferson’s home state. After that, he co-authored Who Killed the Constitution? The Federal Government vs. American Liberty from World War I to Barack Obama with New York Times best-selling author Thomas E. Woods, Jr. His fourth book, James Madison and the Making of America, a Main Selection of the History Book Club, received positive reviews from The Wall Street Journal, The Journal of Southern History, The Washington Times, and numerous other publications. His latest book, Thomas Jefferson—Revolutionary: A Radical’s Struggle to Remake America, published on January 31, 2017, was a Selection of the History Book Club.
Gutzman's essay “Lincoln as Jeffersonian: The Colonization Chimera” appeared in Lincoln Emancipated: The President and the Politics of Race, and his “James Madison and Ratification: A Triumph Over Adversity” appeared in A Companion to James Madison and James Monroe. His scholarly articles have appeared in The Journal of Southern History, The Journal of the Early Republic, The Virginia Magazine of History and Biography, The Review of Politics, and The Journal of the Historical Society, among other publications. He has written a hundred book reviews for outlets scholarly and popular, and he has contributed three dozen essays to historical encyclopedias. Gutzman has written for numerous popular magazines and newspapers, including Canada’s National Post, the San Antonio Express-News, and the Richmond Times-Dispatch, among others.
Kevin R. C. Gutzman has appeared on hundreds of radio programs, such as NPR’s “Backstory With the American History Guys” and many of the most prominent commercial programs, terrestrial and satellite, as well as on national television programs including C-SPAN 2's “BookTV,” CNN's “Lou Dobbs Tonight,” Fox News's “The Glenn Beck Program” (both with Beck and with Judge Andrew Napolitano), and NewsMax TV, besides on the BBC and several local television broadcasts. He has been interviewed by reporters from major outlets such as the AP, The Washington Times, The Philadelphia Enquirer, The Washington Post, The Hartford Business Journal, The Houston Chronicle online, Investor's Business Daily, Money Magazine, Connecticut Magazine, and The New York Times, among others.
Gutzman was a featured expert in the documentary movies “John Marshall: Citizen, Statesman, Jurist” and “Nullification: The Rightful Remedy.”
University of California, Berkeley Law
Partner, Clement & Murphy, PLLC
Paul served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years.
Paul has argued over 100 cases before the United States Supreme Court, including McConnell v. FEC, Tennessee v. Lane, United States v. Booker, MGM v. Grokster, Hobby Lobby v. Burwell, Epic Systems Corp. v. Lewis, Rucho v. Common Cause, Facebook v. Duguid, and TransUnion v. Ramirez. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He has also argued many important cases in the lower courts, including Walker v. Cheney, United States v. Moussaoui and NFL v. Brady.
Paul’s practice focuses on appellate matters, constitutional litigation and strategic counseling. He represents a broad array of clients in the Supreme Court and in federal and state appellate courts. Last year, for example, he successfully argued Supreme Court cases involving significant issues of energy regulation, statutory interpretation, state sovereign immunity and Article III standing, and successfully argued a trademark appeal in the Fourth Circuit, and a constitutional appeal before the en banc Eleventh Circuit.
Paul focuses on high-stakes appeals. In recent years, he successfully defended a $1.2 billion jury verdict for clients in a Tenth Circuit case, while securing the reversal of an over $2 billion jury verdict for another client in the Seventh Circuit and the approval of a nearly $1 billion dollar class action settlement in the Third Circuit. He has initiated major administrative law challenges and constitutional litigation against the federal government, such as the successful challenge to the HHS drug-pricing rule and threatened challenges that led to the withdrawal of the Treasury Department’s proposed cryptocurrency regulations. He also counsels clients on a variety of strategic legal questions, whether arising from pending legislation, government inquiries or ongoing litigation.
Paul has undertaken substantial pro bono engagements in the Supreme Court, such as twice successfully representing the defendant in Bond v. United States and successfully representing the Omaha Tribe in Nebraska v. Parker, the guardian ad litem in Adoptive Couple v. Baby Girl, the defendant in Sekhar v. United States, a high school football coach in Kennedy v. Bremerton, and the Little Sisters of the Poor. Paul’s pro bono representation also precipitated the federal government’s confession of error in United States v. Rojas.
Following law school, Paul clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. After his clerkships, he went on to serve as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, Federalism and Property Rights.
Paul is a Distinguished Lecturer in Law at the Georgetown University Law Center, where he has taught in various capacities since 1998. He also serves as a Senior Fellow of the Law Center’s Supreme Court Institute. He is the Justice Joseph Story Distinguished Practitioner in Residence at the Gray Center at Scalia Law School.
Roger Williams University School of Law
Roger Williams University School of Law
Roger Williams University-Ralph R. Papitto School of Law
E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely on the subjects of constitutional law and constitutional history, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials(with William W. Van Alstyne) (5th ed., Foundation Press, 2014). An elected member of the American Law Institute, Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, andNotre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
United States Senator, Kentucky
Mitch McConnell is the Senate Majority Leader. Elected to that position unanimously by his Republican colleagues first in 2014 and again in 2016, he is only the second Kentuckian to ever serve as Majority Leader in the U.S. Senate. The first, Senator Alben Barkley, led the Democrats from 1937 to 1949.
Senator McConnell has served, again by the unanimous vote of his colleagues, as the Republican Leader since the 110th Congress. He is the longest-serving Senate Republican Leader in the history of the United States. McConnell previously served in leadership as the Majority Whip in the 108th and 109th Congresses and as chairman of the National Republican Senatorial Committee during the 1998 and 2000 election cycles.
McConnell has been called “the most conservative leader of either party in the history of the Senate.” He has also earned a reputation as a “master tactician” for permanently locking in critical tax relief for working families and small businesses, and putting in place the most significant spending reduction legislation in a generation.
He has received praise from numerous media outlets for his work as Senate Majority Leader, and in 2015 TIME Magazine named McConnell one of the 100 Most Influential People in the World.
First elected to the Senate in 1984, McConnell is Kentucky’s longest-serving senator. He made history that year as the only Republican challenger in the country to defeat an incumbent Democrat and as the first Republican to win a statewide Kentucky race since 1968. On November 4, 2014, he was elected to a record sixth term by receiving broad support across Kentucky, winning 110 of the Commonwealth’s 120 counties.
McConnell graduated with honors from the University of Louisville College of Arts and Sciences, where he served as student body president. He also is a graduate of the University of Kentucky College of Law, where he was elected president of the Student Bar Association.
McConnell worked as an intern on Capitol Hill for Senator John Sherman Cooper before serving as chief legislative assistant to Senator Marlow Cook and as Deputy Assistant Attorney General to President Gerald Ford.
Before his election to the Senate, he served as judge-executive of Jefferson County, Kentucky, from 1978 until he commenced his Senate term on January 3, 1985.
McConnell currently serves as a senior member of the Appropriations, Agriculture and Rules Committees. He is the proud father of three daughters.
McConnell is married to Secretary Elaine L. Chao, the 18th U.S. Secretary of Transportation. Previously, Secretary Chao served for eight years as President George W. Bush’s U.S. Secretary of Labor. She is also a former president of the United Way of America and director of the Peace Corps.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.