Stare Decisis and the Court: How the Doctrine Is and Should be Viewed
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Herbert Wechsler Professor of Federal Jurisprudence, Columbia Law School
Philip C. Bobbitt is the Herbert Wechsler Professor of Federal Jurisprudence and director for the Center for National Security at Columbia Law School. He is one of the nation’s leading constitutional theorists. Bobbitt’s interests include not only constitutional law but also international security and the history of strategy.
The author of eight books, Bobbitt is a former trustee of Princeton University and a former member of the Oxford University Modern History Faculty and the War Studies Department of Kings College, London.
Bobbitt is a fellow of the American Academy of Arts & Sciences. He is a life member of the American Law Institute; a member of the Council on Foreign Relations; the Pacific Council on International Policy; and the International Institute for Strategic Studies (London). He is also a member of the Commission on the Continuity of Government.
He has served as law clerk to the Honorable Henry J. Friendly; associate counsel to the president; the counselor on international law at the State Department; legal counsel to the Senate Iran-Contra Committee; and senior director for Critical Infrastructure and senior director for strategic planning at the National Security Council.
Before joining the Law School’s faculty, Bobbitt was A.W. Walker Centennial Chair in Law at the University of Texas Law School.
He serves on the editorial board of Biosecurity and Bioterrorism. He was the Florence Rogatz Visiting Professor of Law at Yale Law School in 2014; the Samuel Rubin Visiting Professor of Law at Columbia Law School in 2007; and the James Barr Ames Visiting Professor of Law at Harvard Law School in 2005.
He serves as a distinguished senior lecturer at the University of Texas.
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.
Managing Attorney, Institute for Justice
Arif Panju serves as a managing attorney with the Institute for Justice. He leads IJ’s Texas office and litigates cases involving free speech, property rights, economic liberty, and educational choice.
Arif is co-counsel in the case of Carson v. Makin in the U.S. Supreme Court. Carson is a challenge to Maine’s exclusion of religious educational options from the state’s school choice program.
Arif’s work has resulted in court victories in both federal and state court. He vindicated the free speech rights of tour guides in Billups v. City of Charleston. He secured a victory for economic liberty in Brantley v. Kuntz, freeing hairbraiding schools in Texas from onerous restrictions and paving the way for the abolishment of the state’s braiding license at the Texas Legislature. In Patel v. Texas Department of Licensing and Regulation, Arif helped secure a landmark victory in the Texas Supreme Court, establishing a new test for reviewing the constitutionality of economic regulations.
Arif’s work at IJ has been featured by outlets including The Wall Street Journal, New York Times, Washington Post, The Atlantic, Texas Tribune, and dozens more nationwide. His opinions and views on legal issues have been published in several outlets, including the Dallas Morning News, Austin American-Statesman, and USA Today. Arif sits on the board for the Freedom of Information Foundation of Texas.
Arif graduated law school with honors from Southern Methodist University. During law school he clerked on the United States Senate Committee on the Judiciary. Arif lives in Austin, Texas.
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Managing Director, Banking Supervision and Regulation Group, Patomak Global Partners
Brian Johnson is Managing Director in the Banking Supervision and Regulation Group at Patomak Global Partners.
In this role, Mr. Johnson spearheads projects related to the regulation of consumer financial products under Keith Noreika, Executive Vice President and Chairman of the Banking Supervision and Regulation Group and former acting Comptroller of the Currency.
Prior to joining Patomak, Mr. Johnson was a partner in Alston & Bird LLP’s financial services and products group. There, he advised financial institutions on consumer finance regulatory issues relating to product compliance, examination, enforcement investigations, and compliance management systems, and on strategic engagement with independent federal regulatory agencies and with Congress.
Mr. Johnson previously served as Deputy Director of the Consumer Financial Protection Bureau (CFPB), where he oversaw the agency’s rulemaking, supervision, and enforcement activities. He conceived and led the creation of high-profile agency initiatives, including the Office of Innovation, Taskforce on Federal Consumer Financial Law, policy symposia series, and Start Small, Save Up emergency savings program. He also served as the CFPB representative to the Financial Stability Oversight Council Deputies’ Committee and advised on interagency matters involving the Federal Deposit Insurance Corporation and the Federal Financial Institutions Examination Council.
Mr. Johnson held various positions on Capitol Hill, including policy director and chief financial institutions counsel on the House Committee on Financial Services, where his portfolio covered consumer protection and credit, mortgage origination, credit reporting, banking, and data security. His efforts on the committee involved drafting legislation to provide regulatory relief to bank, credit union, and nondepository financial institutions, as well as conducting oversight of the activities of the CFPB, Financial Stability Oversight Council, Federal Deposit Insurance Corporation, Office of Financial Research, Office of the Comptroller of the Currency, Federal Reserve System, and National Credit Union Administration.
Mr. Johnson received his juris doctorate from the University of Virginia School of Law and his bachelor’s in economics from the University of Virginia.
Partner, Manatt, Phelps & Phillips, LLP
Bryan Schneider is partner in Manatt’s Chicago office and a member of the firm’s industry-leading consumer financial services practice, where he focuses on advising clients through the gamut of consumer financial services regulatory and enforcement matters, particularly as it relates to supervision, enforcement and fair lending.
Prior to joining the firm, Bryan served as Associate Director for the Division of Supervision, Enforcement and Fair Lending at the Consumer Financial Protection Bureau (CFPB). In this role, he was tasked with overseeing issues related to student loan origination and servicing, mortgage origination/services, auto finance, credit card account management, debt collection, and payday and other small dollar lending. He was also a member of key interagency governing organizations including the Task Force of Supervision of the Federal Financial Institutions Examination Council.
Bryan’s experience also includes serving as Secretary of the Illinois Department of Financial and Professional Regulation, a cabinet-level agency, under Governor Bruce Rauner. During this time, Bryan led numerous initiatives to place the state at the forefront of innovation in the financial services industry, including leading the conversion to the first-ever online, paperless process for professional licensure and achieving the first credit union section accreditation by the National Association of State Credit Union Supervisors. He also led the creation of the Illinois Blockchain Initiative, where he advised organizations on how they can leverage blockchain technology to create more efficient, integrated and trusted services.
Before his tenure in government, Bryan held health care-related leadership positions at the largest retail, infusion and specialty pharmacy provider in the United States. While in this role, he helped develop policies concerning health care services and reimbursement, and provided regulatory and transactional support for joint ventures with hospitals, health systems and 340B programs. Bryan also served on Corporate Compliance and Disclosure Committees responsible for ensuring compliance with applicable health care and SEC securities requirements.
Bryan has served on the Executive Committee of the Conference of State Bank Supervisors (CSBS) and chaired its Non-Depository Supervisory Committee. He also served on the committee that was responsible for the administration of the Nationwide Multistate Licensing System & Registry (NMLS). Additionally, Bryan served on the Executive Committee of the National Association of State Credit Union Supervisors (NASCUS).
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Senior Legal Fellow, The Future of Free Speech, Vanderbilt University
Ashkhen Kazaryan is a renowned expert in First Amendment law and technology policy, specializing in digital free speech, artificial intelligence, and the intersection of constitutional rights with emerging technologies. As a Senior Legal Fellow at the Future of Free Speech at Vanderbilt University, she leads initiatives to protect free expression and shape policies that uphold the First Amendment in the digital age.
Previously, Ashkhen was the lead for North and Latin America on the content regulation team at Meta, where she also served as the company’s policy lead on Section 230. She has also been a Senior Fellow at Stand Together and the Director of Civil Liberties at TechFreedom, where she worked extensively on platform liability, free speech, and internet governance. She is currently Fellow for the First Amendment at the Freedom Forum.
Ashkhen earned her specialist in law degree summa cum laude from Lomonosov Moscow State University in 2012 and later received a master of law degree from Yale Law School in 2016. During her time at Yale, she contributed as an articles editor for the Yale Journal of Law and Feminism, a senior editor for the Yale Law and Policy Review, and an editor for the Yale Journal of Law and Technology, while also serving as co-chair of the Public Interest Fellowship.
Chief Legal Officer and Policy Director, Cicero Institute
Jonathan Wolfson is the Chief Legal Officer and Policy Director at the Cicero Institute. Before joining Cicero, he led the Policy Office at the U.S. Department of Labor where he managed DOL's deregulatory efforts and oversaw DOL's internal policy development think tank. He previously was a litigator and regulatory attorney at an international law firm representing clients before state and federal courts across the country. Following law school he served as a law clerk to The Honorable Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit. Before law school, Jonathan was a policy analyst at the White House Council of Economic Advisers.
Jonathan received an A.B. in Economics from Washington University in St. Louis and a J.D. from the University of Virginia School of Law, where he was an Olin Law and Economic Fellow and won the John M. Olin Prize for best original law and economics research.
Shareholder, Mrachek, Fitzgerald, Konopka, Thomas & Weiss, P.A.
Manuel Farach is a shareholder of Mrachek, Fitzgerald, Konopka, Thomas & Weiss, P.A. where he practices real estate, business, appellate law, and alternative dispute resolution. Manny is triple board-certified by The Florida Bar in Real Estate Law, Business Litigation and Appellate Law. Manny has served as HUD Foreclosure Commissioner, and as Chair of both the Fourth District and Nineteenth Judicial Circuit Judicial Nominating Commissions. He has served as an arbitrator for the American Arbitration Association since 1990 and as a Florida Supreme Court Circuit Civil mediator since 1991. He presently serves as President of the Society’s Palm Beach Chapter.
Among his areas of expertise, Manny has represented clients in sophisticated business entity matters, Debtor/Creditor law (including bankruptcy and complex mortgage foreclosure litigation), real estate and construction litigation, Landlord-Tenant law, has been court appointed as a receiver (including special mater and special magistrates for partition actions), Alternative Dispute Resolution (including mediation and arbitration as an A.A.A. and FINRA arbitrator), title insurance litigation, U.C.C. Articles II, III, IV and IX (transactional and litigation for all areas); Internet and Computer law, and as an expert witness and consultant in these areas.
Manny is a past Chair of the Real Property Litigation Committee of the American Bar Association and an elected Fellow of the American College of Real Estate Attorneys, where he serves on its Board of Governors and as Chair of its Bankruptcy and Litigation Committee. He is an elected member of the American Law Institute, and past Chair of the Florida Supreme Court Committee on Standard Jury Instructions for Contract Cases and the ABA’s Real Property Litigation Group. He sits on the Executive Councils of the Business Law, Real Property, and Alternative Dispute Resolution Sections of the Florida Bar.
Manny has been honored as “Board Certified Lawyer of the Year” by The Florida Bar and serves as Chair of the Real Property Certification Review Seminar Committee, a member of the Appellate Certification Examination Committee, and an exam tester for the Business Litigation Certification Exam Committee. Manny serves on the Executive Councils of the Real Property and Trust Law, Business Law, and ADR Sections of the Florida Bar, including chairing or serving on many of its committees.
He is the author of Florida Real Estate Law, the real estate treatise in West’s Florida Practice Series, publishes the Case Law Update, a weekly compilation of Florida real estate and business cases. He is listed in Chambers and Partners, Best Lawyers in America, U.S. News Best Lawyers, Florida Trend “Legal Elite” (including its “Hall of Fame), Martindale-Hubbell’s "Judicial Edition AV-Preeminent Rated,” and “Florida Super Lawyer,” including selection as one of Florida’s “Top 100 Lawyers.” Manny teaches as an Adjunct Professor of Real Estate Law at the Florida State University College of Law and previously taught as an Adjunct Professor of Business Law at the Rinker School of Business at Palm Beach Atlantic University.
Among other honors and awards, Manny is a graduate of Leadership Florida’s Executive Class 11 and was awarded both the Sidney Stubbs Professionalism Award and the Judge Edward Rodgers Diversity Award by the Palm Beach County Bar Association. He is a recipient of the Legal Aid Society of Palm Beach Pro Bono Award, the Florida Bar Board Certified Lawyer of the Year Award, and the Hispanic Bar Association Chief Justice Leadership Award. He was also awarded the Florida Bar Business Law Section “Member of the Year” Award, the Florida State University College of Law “Distinguished Alumnus” Award, and listed as one of the Florida State Hispanic Chamber’s Florida's 50 Most Influential Hispanic Business Leaders.
Of Counsel, DLA Piper LLP (US)
Harout J. Samra – a Board Certified Specialist in International Law – focuses his practice on international dispute resolution and arbitration matters, including international civil litigation in US courts.
Harout has represented clients from both the public and private sectors, including foreign governments, public officials and clients from a variety of industries. He has experience in international arbitrations administered under the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), United Nations Commission on International Trade Law (UNCITRAL), China International Economic and Trade Arbitration Commission (CIETAC), Bogota Chamber of Commerce, Madrid Court of Arbitration and International Centre for Settlement of Investment Disputes (ICSID) arbitration rules.
Harout currently serves as a member of the Florida Supreme Court Judicial Nominating Commission, by appointment of Governor Ron DeSantis. He previously served, by appointment of Governor Rick Scott, as a member of the Florida Third District Court of Appeal Judicial Nominating Commission, and was elected as Chair of the Commission from 2018-2019.