Federalism from the State Court Perspective
Washington & Lee Student Chapter
Washington and Lee School of Law, Sydney Lewis Hall1 E Denny Circle
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John F. Scarpa Chair in Catholic Legal Studies, Villanova University School of Law
Patrick McKinley Brennan joined the Villanova faculty in 2004 as the inaugural holder of the John F. Scarpa Chair in Catholic Legal Studies and now also serves as the Associate Dean for Academic Affairs. Professor Brennan works in the tradition of reflection on natural law and natural rights to examine a wide range of questions in jurisprudence and public law, including sovereignty, equality authority, the rule of law, constitutionalism, the family, and punishment and forgiveness, as well as topics in administrative law, constitutional law, federal jurisdiction, religious liberty and the liberty of the church, and criminal law. He regularly teaches constitutional law, administrative law, federal courts, criminal law, and a range of courses in jurisprudence.
Professor Brennan has published some fifty articles and book chapters. His most recent book, The Sovereignty of the Good: An Essay on Law, Authority, and the Church, will be published by Oxford University Press. He has also published By Nature Equal: The Anatomy of a Western Insight (Princeton University Press 1999) (with John Coons), Civilizing Authority: Society, State, and Church (Lexington 2007), and the Vocation of the Child (W.B. Eeerdmans 2008). He currently co-authoring Christian Perspectives on Law: Cases and Materials (with William Brewbaker III).
Before coming to Villanova, Professor Brennan was for eight years a faculty member in the Sandra Day O'Connor College of Law at Arizona State University, where for several years he served as Associate Dean for Faculty Affairs and Research and later as Vice Dean. Previously, Brennan was associated with major law firms in Washington, D.C., and San Francisco. Brennan clerked for Hon. John T. Noonan, Jr., on the U.S. Court of Appeals for the Ninth Circuit, in San Francisco.
A native of California, Brennan earned his J.D. from Berkeley Law (Boalt Hall), U.C. Berkeley, where he won many awards and was elected to the Order of the Coif. Prior to law school, Brennan earned an M.A. and pursued doctoral course work in philosophy at the University of Toronto, taking many of his courses there in the Pontifical Institute of Mediaeval Studies. He was graduated from Yale College with a B.A. in philosophy with honors and distinction in the major. At Yale, Brennan also studied Greek and Latin and won the Jacob Cooper Prize for the best essay on ancient Greek philosophy.
Professor Brennan has been a visiting professor in the Boston College Law School and a senior research fellow at the Robbins Collection of Canon and Civil Law at U.C. Berkeley. Brennan has also been a scholar in residence at the Columbus School of Law, The Catholic University of America, where he delivered the Brendan F. Brown Lecture in 2006. Brennan has delivered the Yves Simon Lecture at the University of Chicago and the Donald M. Giannella Lecture at Villanova University.
At Villanova, Brennan organizes the annual John F. Scarpa Conference on Law, Politics, and Culture. Keynote speakers have included the late Avery Cardinal Dulles, S.J., Justice Antonin Scalia, Martha Nussbaum, Joseph Vining, John Ferejohn, and William Eskridge. Other speakers have included Jeremy Waldron, Geoff Stone, Jesse Choper, Lee Bollinger, Roderick Hills, Jane Schacter, Kristin Hickman, Jefferson Powell, Amy Uelmen, Richard Garnett, Kent Greenawalt, and many others.
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.
Associate Professor of Law, Brigham Young University J. Reuben Clark Law School
Eric Talbot Jensen teaches and writes in the areas of Public International Law, Criminal Law, The Law of Armed Conflict, International Criminal Law, and National Security Law. His recent scholarship has appeared in the Texas, Temple, Houston, and Israel Law Reviews, as well as the Stanford Law and Policy Review, Virginia Journal of International Law, Vanderbilt Journal of Transnational Law, and Stanford Journal of International Law. Professor Jensen is a co-author on an Oxford University text analyzing application of the laws of war to the war on terror and is also co-authoring a law school casebook on the Law of Armed Conflict for Aspen Publishing.
Prior to joining the BYU law faculty in 2011, Professor Jensen spent 2 years teaching at Fordham Law School in New York City and 20 years in the United States Army as both a Cavalry Officer and as a Judge Advocate. During his time as a Judge Advocate, Professor Jensen served in various positions including as the Chief of the Army’s International Law Branch; Deputy Legal Advisor for Task Force Baghdad; Professor of International and Operational Law at The Judge Advocate General’s Legal Center and School; legal advisor to the US contingent of UN Forces deployed to Skopje, Macedonia as part of UNPREDEP; and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard.
Associate Professor of International Relations, Oxford University
Lucas Kello is Associate Professor of International Relations at Oxford University. He serves as Senior Lecturer in the Department of Politics and International Relations and as co-Director of the interdisciplinary Centre for Doctoral Training in Cyber Security in the Department of Computer Science. His publications include The Virtual Weapon and International Order (Yale University Press), “The Meaning of the Cyber Revolution: Perils to Theory and Statecraft” in International Security, and “Security” in The Oxford Companion to International Relations (Oxford University Press).
Fellow, National Security Institute, Antonin Scalia Law School, George Mason University
Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade. He is also a Fellow at the National Security Institute of George Mason University Law School. Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs. His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities. Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism. He has often written and spoken on national security and other public policy issues. Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute. He received his B.A. from Northwestern University and his J.D. from Cornell Law School.
Constitutional Scholarship Director and Senior Legal Analyst, Pacific Legal Foundation
Anastasia Boden is Director of Constitutional Scholarship at Pacific Legal Foundation, where she leads the organization’s Supreme Court commentary and directs scholarly analysis in support of the firm’s litigation. She has represented entrepreneurs and small businesses nationwide in challenges to onerous licensing regimes, anti-competitive titling restrictions, Certificate of Need (“competitor’s veto”) laws, and other forms of unnecessary red tape that block economic opportunity.
Prior to this role, Anastasia developed nearly a dozen constitutional challenges to Certificate of Need laws across the country, helping spur legislative reform in Montana, Pennsylvania, and West Virginia. Her victories include a ruling invalidating Houston’s busking restrictions, multiple appellate decisions expanding access to the courts for civil rights plaintiffs, and the legislative repeal of Virginia’s happy-hour advertising ban.
Her writings on law and liberty have been featured in USA Today, The Washington Post, The Wall Street Journal, the Los Angeles Times, the Chicago Tribune, Forbes, and more, and she has appeared on Headline News, CBS News, Fox News, ReasonTV, Newsmax, and John Stossel. In 2020, she was featured on Libertarian Party presidential candidate Jo Jorgensen’s Supreme Court shortlist.
Anastasia earned her BA with dean’s honors from the University of California, Santa Barbara, and her JD from Georgetown University Law Center, where she was research assistant to Professor Randy E. Barnett—the “intellectual godfather” of the constitutional challenge to Obamacare. She is the co-creator of the podcast Dissed, about infamous Supreme Court dissents. She authors the biweekly newsletter SCOTUS Scoop and the column, “In Dissent” for SCOTUSblog.
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.
Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science. Before that he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He also has taught at DePaul College of Law and UCLA Law School.
He is the author of eleven books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (Picador Macmillan) published in November 2018, and two books published by Yale University Press in 2017, Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman).
He also is the author of more than 200 law review articles. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Founder, Original Jurisdiction
David Lat is a lawyer turned writer. He publishes Original Jurisdiction, a newsletter on Substack about law and legal affairs, and he writes for newspapers and magazines, including the New York Times, Washington Post, and Wall Street Journal. Prior to launching Original Jurisdiction, David founded Above the Law, one of the nation's most widely read legal news websites, and Underneath Their Robes, a popular blog about federal judges that he wrote under a pseudonym. He is also the author of a novel set in the world of the federal courts, Supreme Ambitions. Before entering the media world, David worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal.
Distinguished Professor of Law, Jamie L. Whitten Chair of Law and Government, University of Mississippi School of Law
Professor Ronald J. Rychlak is the Jamie L. Whitten Chair of Law and Government and Distinguished Professor of Law at the University of Mississippi. He is a legal advisor to the Holy See’s delegation to the United Nations and chair of the Mississippi Advisory Committee to the U.S. Civil Rights Commission. He serves as the university’s Faculty Athletic Representative and is on the executive committee of the Southeastern Conference (SEC). In 2019 he received the university’s highest research and publication recognition, the “Distinguished Research and Creative Achievement Award” based upon his reputation for scholarly activity and leadership roles in professional societies. In 2023, he received the Algernon Sydney Sullivan Award, the University’s highest award in honor of service, for “placing service to others and the community before oneself, while embodying the qualities of honesty, morality, ethics, integrity, responsibility, determination, courage, and compassion.” In 2024, he was voted “Outstanding Law Professor” by the law school student body.
Ron is the author, co-author, or editor of twelve books and over 100 articles. The Congregation for the Causes of Saints at the Vatican called his book, Hitler, the War, and the Pope “definitive” in its response to charges made against the leader of the Catholic Church during World War II. He has been published in Notre Dame Law Review, UCLA Law Review, The Washington Post, The Wall Street Journal, and numerous other periodicals and journals. Media appearances include CNN, ABC, Fox News, The National Geographic TV Network, The Military Channel, C-SPAN, and more.
Ron and his wife Claire are proud of their six children, two sons-in-law, one daughter-in-law, and three granddaughters. They live in Oxford, Mississippi.
Professor of Law, Fordham University School of Law
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Felix Frankfurter Professor of Law and Director, Julis-Rabinowitz Program on Jewish and Israeli Law, Harvard Law School
Noah Feldman specializes in constitutional studies, with a particular emphasis on the relationship between law and religion, free speech, constitutional design, and the history of legal theory. Felix Frankfurter Professor of Law at Harvard Law School, he is also a Senior Fellow of the Society of Fellows at Harvard. In 2003 he served as senior constitutional advisor to the Coalition Provisional Authority in Iraq, and subsequently advised members of the Iraqi Governing Council on the drafting of the Transitional Administrative Law or interim constitution. He received his A.B. summa cum laude in Near Eastern Languages and Civilizations from Harvard University in 1992. Selected as a Rhodes Scholar, he earned a D.Phil. in Oriental Studies from Oxford University in 1994. From 1999 to 2002, he was a Junior Fellow of the Society of Fellows at Harvard. Before that he served as a law clerk to Justice David H. Souter of the U.S. Supreme Court (1998 to 1999) and to Chief Judge Harry T. Edwards of the U.S. Court of Appeals for the D.C. Circuit (1997 to 1998). He received his J.D. from Yale Law School in 1997, serving as Book Reviews Editor of the Yale Law Journal. He’s the author of eight books: The Three Lives of James Madison: Genius, Partisan, President (Random House, 2017); Cool War: The Future of Global Competition (Random House, 2013); Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices (Twelve Publishing, 2010); The Fall and Rise of the Islamic State (Princeton University Press, 2008); Divided By God: America's Church-State Problem and What We Should Do About It (Farrar, Straus & Giroux 2005); What We Owe Iraq: War and the Ethics of Nation building (Princeton University Press 2004); and After Jihad: America and the Struggle for Islamic Democracy (Farrar, Straus & Giroux 2003. He also co-authored two textbooks with Kathleen Sullivan: Constitutional Law, Twentieth Edition (Foundation Press, Fall 2019) and First Amendment (Foundation Press, 2016).
Michael R. Klein Professor of Law, Harvard Law School
Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations. He was born in Columbia, South Carolina. For his education he attended St. Albans School, Princeton University, Oxford University, and Yale Law School. He served as a law clerk for Judge J. Skelly Wright of the United States Court of Appeals and for Justice Thurgood Marshall of the United States Supreme Court. He is a member of the bar of the District of Columbia and the Supreme Court of the United States. Awarded the 1998 Robert F. Kennedy Book Award for Race, Crime, and the Law, Mr Kennedy writes for a wide range of scholarly and general interest publications. His other books are For Discrimination: Race, Affirmative Action, and the Law (2013), The Persistence of the Color Line: Racial Politics and the Obama Presidency (2011), Sellout: The Politics of Racial Betrayal (2008), Interracial Intimacies: Sex, Marriage, Identity, and Adoption (2003), and Nigger: The Strange Career of a Troublesome Word (2002). A member of the American Law Institute, the American Academy of Arts and Sciences, and the American Philosophical Association, Mr. Kennedy is also a Trustee emeritus of Princeton University.
Professor of Law, Emory University School of Law
Professor Timothy Holbrook graduatedsumma cum laudefrom North Carolina State University, earning a BS in chemical engineering with a life sciences concentration. He received his JD from Yale Law School, where he served as a lead editor and publications director of theYale Journal on Regulation. After law school, he clerked for the Honorable Glenn L. Archer Jr. of the U.S. Court of Appeals for the Federal Circuit. Following his clerkship, Professor Holbrook worked in Budapest, Hungary, with the Hungarian patent law firm Danubia. Upon his return to the United States, he associated with the Washington, D.C., law firm of Wiley, Rein & Fielding (now Wiley Rein), where his practice focused on patent and appellate litigation.
Professor Holbrook has published widely on issues of patent law, international patent law and the patenting of human genes. His work appears in a variety of journals, including theHarvard Journal of Law and Technology,William and Mary Law Review,Washington University Law Review,SMU Law Reviewand twice inSciencemagazine. He is the co-author ofPatent Litigation and Strategy(3d ed.) with Judge Kimberly A. Moore and Chief Judge Paul R. Michel, both of the U.S. Court of Appeals for the Federal Circuit.
Before joining the Emory faculty, Professor Holbrook was a tenured professor at the Chicago-Kent College of Law. He served as the Edwin A. Heafey Jr. Visiting Professor of Law at Stanford Law School and also has taught as a visiting professor at the University of Denver Sturm College of Law and Washington University School of Law in St. Louis. He was a scholar-in-residence at the Center for Media and Communication Studies at the Central European University (Budapest, Hungary). While in Chicago, Professor Holbrook was a founder and the program chair for the Richard Linn Inn of Court. Since arriving in Atlanta, he helped establish the Atlanta Intellectual Property Inn of Court. He also has served as an expert or consultant in a variety of patent litigation cases, both in the United States and abroad.
Professor Holbrook teaches classes in Patent Law, International Patent Law, Patent Litigation, Trademark Law and Policy and Property Law.
U.S. Court of Federal Claims and Jurist-In-Residence Professor of Law, The University of Akron School of Law
Judge Ryan T. Holte was sworn in as a judge on the United States Court of Federal Claims in July 2019. Prior to confirmation he served as the David L. Brennan Professor of Law and Director of the Center for Intellectual Property Law and Technology at The University of Akron School of Law (2017-2019) and an assistant professor of law at Southern Illinois University School of Law (2013-2017). Judge Holte has written and presented widely on patent law subjects and empirical legal studies of Federal Circuit and district court patent law cases. His most recent articles were published in the Iowa Law Review (2019), George Mason Law Review (2018), and Washington Law Review (2017).
In practice, Judge Holte served for six years as general counsel and partner of an electrical engineering technology company and is co-inventor of multiple patents related to Systems and Methods for Countering Satellite-Navigated Munitions. Prior to entering academia, Judge Holte practiced as a litigation attorney at the Federal Trade Commission and an associate in the Intellectual Property Practice Group at Jones Day. Prior to practice, he served as a law clerk to Judge Stanley F. Birch, Jr. on the United States Court of Appeals for the Eleventh Circuit and as a law clerk to Judge Loren A. Smith on the United States Court of Federal Claims.
Judge Holte received his JD from the University of California Davis School of Law and his BS, magna cum laude, in engineering from the California Maritime Academy where he was a First Class graduate of the Corps of Cadets Third Engineering Division and sailed as a U.S. Merchant Marine oiler.
Judge, U.S. District Court, Eastern and Western Districts of Missouri
Josh Divine was most recently the Solicitor General of Missouri, where he oversaw the office's appellate and special litigation divisions. As Solicitor General, Mr. Divine led Missouri's trial and appellate teams to some of its most significant victories. Mr. Divine was lead counsel in blocking $700 billion in student loan bailouts attempted by the federal government. He was lead counsel in obtaining a $25 billion judgment against China for antitrust violations. And he was lead counsel in successfully defending the Missouri law that prohibits gender transition interventions in minors, making Missouri the only state in the nation to prevail at trial against an equal protection challenge to one of these laws. In addition, Mr. Divine's work at the trial court in Missouri v. Biden (restyled Murthy v. Missouri) helped expose systemic violations of the First Amendment by the federal government, which the trial court found was unconstitutionally pressuring social media companies to suppress millions of free speech posts.
Before serving as Solicitor General, Mr. Divine was Chief Counsel to U.S. Senator Josh Hawley, where he oversaw all legal issues, managed matters related to the Judiciary Committee, and developed tech policy. Mr. Divine clerked on the Supreme Court for Justice Thomas and on the Eleventh Circuit for Judge William Pryor. He received a J.D. from Yale Law School and a Bachelor of Science degree in mathematics from the University of Northern Colorado. His recent legal scholarship has appeared in the Virginia Law Review and the Hastings Law Journal.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.