The Future of the Major Questions Doctrine
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Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
President and CEO, Liberty Strategies LLC
Bob Barr represented the 7th District of Georgia in the U. S. House of Representatives from 1995 to 2003, and now practices law in Atlanta, Georgia, where he serves as chairman of the state’s Judicial Qualifications Commission. Bob also chairs Liberty Guard, Inc. a non-profit and non-partisan organization dedicated to protecting individual liberty. He also heads a consulting firm, Liberty Strategies, Inc., and is a registered Mediator and Arbitrator. Bob has taught constitutional law at Atlanta’s John Marshall Law School and government at Kennesaw State University.
Bob is a member of the Board of Directors for the National Rifle Association, and serves on the Board of the Interactive College of Technology. He is a member of Tau Kappa Epsilon Fraternity.
From 2003 to 2008, Bob occupied the 21st Century Liberties Chair for Freedom and Privacy at the American Conservative Union. He served as a member of The Constitution Project’s Initiative on Liberty and Security, and from 2003 to 2005 was a member of a project at Harvard University’s Kennedy School of Government addressing matters of privacy and security. Barr has served as an advisory board member for Privacy International, headquartered in London, and was labeled “Mr. Privacy” by former New York Times columnist William Safire. He was the Libertarian Party nominee for President in 2008.
Bob has appeared on virtually every major cable and network television program dealing with public policy matters. He writes regularly for Townhall.com, The Daily Caller, and The Marietta Daily Journal, and has been a columnist and blogger for the Atlanta Journal-Constitution. He writes occasional pieces for other publications and hosts a regular podcast, “Bob Barr’s Laws of the Universe.” He is the author of three books: “The Meaning of Is: The Squandered Impeachment and Wasted Legacy of William Jefferson Clinton,” “Patriot Nation: Bob Barr’s Laws of the Universe Volume One,” and “Lessons in Liberty.”
Bob was appointed by President Reagan as the United States Attorney for the Northern District of Georgia (1986-90), served as President of Southeastern Legal Foundation from 1990-91, and was an official with the CIA from 1971-78. Additionally, he has served as a member of U.S. delegations at several United Nations conferences on firearms.
Bob Barr was awarded his law degree from Georgetown University, his master’s degree from The George Washington University, and his bachelor’s degree from the University of Southern California. He and his wife Jeri live in Smyrna, Georgia just outside Atlanta.
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.
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.
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.
Judge, United States District Court for the Western District of Kentucky
Prior to joining the bench, Judge Beaton was a Partner at Squire Patton Boggs LLP, where he co-chaired the firm’s Appellate & Supreme Court practice group. Judge Beaton’s represented clients engaged in complex commercial litigation in Federal and State courts, and before administrative agencies. Judge Beaton also served as an adjunct professor at the University of Louisville Brandeis School of Law, where he taught constitutional interpretation. Before joining Squire Patton Boggs, Judge Beaton practiced in the Washington, D.C. office of Sidley Austin, LLP, and also served as a legal fellow with the International Justice Mission in Kampala, Uganda. Upon graduation from law school, Judge Beaton served as a law clerk to Justice Ruth Bader Ginsburg of the United States Supreme Court, and to Judge A. Raymond Randolph of the United States Court of Appeals for the D.C. Circuit. Judge Beaton earned his B.A., summa cum laude, from Centre College, and his J.D. from Columbia Law School, where he served as an Articles Editor on the Columbia Law Review.
Justice, Supreme Court of Tennessee
Justice Sarah Campbell was confirmed to the Tennessee Supreme Court in 2022. She previously served as an Associate Solicitor General in the Tennessee Attorney General’s Office and as an associate at the law firm of Williams & Connolly LLP in Washington, DC. Justice Campbell earned her law degree from Duke University School of Law, a Master of Public Policy degree from Duke University, and her undergraduate degree from the University of Tennessee, where she received the Torchbearer Award. She served as a law clerk for Justice Samuel A. Alito, Jr. on the United States Supreme Court and Judge William H. Pryor Jr. on the U.S. Court of Appeals for the Eleventh Circuit.
Judge, United States Court of Appeals, Ninth Circuit
Judge Nelson was confirmed to the Ninth Circuit in October 2018, as the youngest Circuit Judge to serve from Idaho and he has chambers in his hometown of Idaho Falls. Prior to his confirmation, Judge Nelson served for nine years as General Counsel of Idaho Falls-based Melaleuca, Inc., a consumer goods company. He previously worked in Washington, DC, where he served in all three branches of the federal government, including as Special Counsel for Supreme Court nominations to the Ranking Member of the Senate Judiciary Committee; Deputy General Counsel to the White House Office of Management and Budget; Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice; and a law clerk to Judge Henderson of the United States Court of Appeals for the D.C. Circuit. He has argued in most of the federal courts of appeals and worked on dozens of Supreme Court briefs. He started in the Washington, DC office of Sidley Austin as an appellate lawyer, after clerking for Judges Mosk and Brower of the Iran-U.S. Claims Tribunal at The Hague, and for now-Judge Tom Griffith, then-Senate Legal Counsel, during the impeachment trial of President Clinton. Judge Nelson earned his B.A. from Brigham Young University and his J.D., with honors, from BYU Law School. Judge Nelson has been a member of the Federalist Society since 1998.
Associate Professor, Charleston School of Law
Bill Merkel joined the Charleston School of Law faculty in 2012. Merkel graduated from Johns Hopkins University with a B.A. in history in 1988 and proceeded to work as a cook in Baltimore and then as an analyst with the Department of Transportation in Washington, D.C. before returning to graduate studies in history and law.
He completed his J.D. at Columbia Law School in 1996 and then worked in appellate litigation with Wiley, Rein & Fielding in Washington, D.C. from 1997-1998. Merkel is the author, with the late Richard Uviller, of The Militia and the Right to Arms, Or, How the Second Amendment Fell Silent (Duke University Press, 2002). He taught American history at Oxford University from 2001-2003 and Comparative Introduction to American Law to foreign trained LL.M. students at Columbia Law School from 2003-2005. From 2005-2011, Merkel was an Associate Professor of Law at Washburn Law School in Topeka, Kansas, where he was named Professor of the Year by the graduating class in 2008. At Washburn, Merkel taught Constitutional Law I & II, Comparative Constitutional Law, Public International Law, and International Criminal Law and the Law of War. He received a doctorate in history from Oxford University in 2007.
Merkel has held visiting positions at the University of North Dakota School of Law in 2009 and at the University of South Carolina School of Law in 2011-12. In 2013 and 2014, Merkel taught The United States and the International Court of Justice in the Hague, Netherlands as part of the Charleston School of Law’s summer school consortium program administered by Stetson University School of Law. At the Charleston School of Law, Merkel continues to teach courses in Constitutional Law, International Law, Comparative Law, and Legal History. Merkel’s article “Jefferson’s Failed Anti-Slavery Proviso of 1784 and the Nascence of Free Soil Constitutionalism” was selected as the best submission in constitutional history by the Stanford/Yale Junior Faculty Forum in 2006. Merkel is in the process of revising his Oxford doctoral thesis “Race, Liberty, and Law: Thomas Jefferson and Slavery, 1770-1800” for publication as a book to be titled Ambiguous Beginnings: Thomas Jefferson, Slavery, and the Foundations of American Constitutionalism. Merkel has published numerous articles in journals including the Chicago-Kent Law Review, Connecticut Law Review, Lewis and Clark Law Review, Santa Clara Law Review, Seton Hall Law Review, Rutgers Law Review, and Law and History Review. His scholarship on the Second Amendment has been cited by many authors and jurists, including Justice Breyer in a dissenting opinion in McDonald v. City of Chicago. In 2013, following the successful defense of his dissertation “The Second Amendment and the Constitutional Right to Self-Defense,” Merkel was awarded a J.S.D. degree by Columbia University.
Merkel is a member of the District of Columbia, New York, and United States Supreme Court Bars.
Research Director, Independence Institute
David B. Kopel is Research Director at the Independence Institute; Adjunct Scholar at the Cato Institute; and Senior Fellow at the University of Wyoming College of Law, Firearms Research Center. He received his B.A. in history with Highest Honors from Brown University and his J.D. magna cum laude from the University of Michigan Law School.
He is the author of over 20 books, including the textbook Firearm Law and the Second Amendment: Regulation, Rights, and Policy (Aspen Pubs. 4th ed. forthcoming 2026). His scholarship and briefs have been cited 7 Supreme Court cases--including Heller, McDonald, and Bruen--and in 140 lower courts opinions. He is the author of 120 scholarly articles. His shorter articles often appear on The Volokh Conspiracy blog, hosted by Reason magazine. His topics of interest include the right to arms throughout history, the Colorado Constitution, and law enforcement policy.
Senior Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
Professor of Law and J. Philip Johnson Faculty Fellow, University of North Dakota School of Law
Michael S. McGinniss is Professor of Law and J. Philip Johnson Faculty Fellow at the University of North Dakota School of Law, where he joined the faculty in 2010 and served as the Dean from 2019 to 2022. He chairs the executive committee for the Federalist Society's Practice Group on Professional Responsibility and Legal Education.
Before entering the legal academy, Professor McGinniss served for twelve years as a Disciplinary Counsel for the Supreme Court of Delaware. He currently teaches courses on Professional Responsibility, Advanced Legal Ethics, Civil Procedure, and Federal Courts. He also serves as Faculty Advisor for the North Dakota Law Review and the UND Law Federalist Society student chapter.
Professor McGinniss’ research and scholarship interests are wide-ranging and include lawyer and judicial ethics, lawyer discipline and regulation of the profession, constitutional law (especially First Amendment, separation of powers, and federalism), and cultural challenges faced by conservatives in the law schools and the legal profession. His most recent law review article, Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct, was published in the Federalist Society Review. His article Expressing Conscience with Candor: Saint Thomas More and First Freedoms in the Legal Profession, was published in the Harvard Journal of Law & Public Policy.
Professor McGinniss has spoken to Federalist Society lawyer and student chapters across the country about judicial independence and ethics, especially relating to the federal courts and the United States Supreme Court Justices. In addition, he has spoken to several chapters about rising challenges to ideological diversity and targeting of conservative viewpoints in law schools and the legal profession. Although he is very pleased to speak on these and many other topics that may be of interest to lawyer and student chapters, in 2026-2027, he has particular interest in speaking on the topic “Lawyer Discipline as Political ‘Resistance’: Separation of Powers, Federalism, and the Rule of Law,” concerning his work-in-progress on the weaponization of professional disciplinary processes against conservative lawyers for political and ideological purposes.