Qualified Immunity: Judicial Activism or Originalism
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Justice, Supreme Court of Texas
Justice Kyle D. Hawkins was appointed to the Supreme Court of Texas by Governor Greg Abbott in October 2025.
Justice Hawkins previously served in the U.S. Department of Justice as Counselor to the Solicitor General, where he represented the United States before the U.S. Supreme Court. Previously, he served as the Texas Solicitor General, the state’s chief appellate advocate charged with representing the state, its agencies, and its officers in state and federal appellate courts. Earlier in his career, he served as a law clerk for U.S. Supreme Court Justice Samuel A. Alito, Jr., and for Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit. As an appellate practitioner, Justice Hawkins argued five cases in the U.S. Supreme Court, nine in the Texas Supreme Court, and dozens more in other federal and state appellate courts.
In addition to his government service, Justice Hawkins served as a partner in the Dallas and Houston offices of Gibson, Dunn & Crutcher LLP, and he chaired the Texas appellate practice of Lehotsky Keller Cohn LLP, a national litigation boutique. Justice Hawkins has served as an Adjunct Professor of Law at the University of Texas School of Law.
Justice Hawkins lives in Austin, Texas, with his wife and four children.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
Robert S. Kerr, Sr. Professor of Constitutional Law, Oklahoma City University School of Law
From 2005-2006 Professor Spiropoulos was the Senior Counselor to the Speaker of the Oklahoma House of Representatives, where his duties included serving as chief policy advisor and negotiator. Professor Spiropoulos clerked for Judge Danny Boggs of the United States Court of Appeals for the Sixth Circuit and practiced law with the Chicago firm of Gardner, Carton & Douglas before joining the faculty. He has been a Heritage Foundation Salvatori Fellow and, from 2011 to 2023, was the Milton Friedman Fellow at the the Oklahoma Council of Public Affairs. He was the reporter for the Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act.
Professor Spiropoulos received his B.A. degree from Carleton College and his M.A. and J.D. degrees from the University of Chicago (Phi Beta Kappa). He teaches Constitutional Law, Legislation & Regulation, State and Local Government, and Constitutional Theory.
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.
Solicitor General, State of Florida
Previously, David served as Senior Advisor to Florida Governor Ron DeSantis, Chief Deputy Attorney General of Idaho, and Solicitor General of Montana.
As an appointee of President Donald J. Trump, David served as the Principal Deputy General Counsel at the U.S. Department of Commerce, where he advised the Secretary on legal and policy matters implicating every corner of Commerce’s broad mandate. In this role, David worked closely with the White House to advance the President's agenda, and managed the Department’s expansive litigation portfolio. He also defended Department officials in Congressional investigations, and served as Commerce’s Regulatory Reform Officer and Chief Environmental Review Permitting Officer.
David clerked for Judge Lawrence VanDyke on the U.S. Court of Appeals for the Ninth Circuit, and helped create and lead the public interest litigation group at the Freedom Foundation, where he litigated constitutional, labor, and campaign finance cases before federal and state courts and administrative agencies.
David received his B.A. from Western Kentucky University. After a year teaching overseas, David earned his J.D. from The George Washington University Law School, where he served as symposium editor for the Harvard Journal of Law & Public Policy and President of the Federalist Society.
Chief Deputy Attorney General
Ryan Newman is currently Chief Deputy Attorney General for Florida Office of the Attorney General.
During the first Trump Administration, he served as Counselor to the United States Attorney General for national security and international affairs, Deputy General Counsel (Legal Counsel) for the Department of Defense, and Acting Assistant Attorney General for the Office of Legal Policy at the Department of Justice. Prior to serving in the Executive Branch, Ryan was Chief Counsel to United States Senator Ted Cruz during the 114th Congress.
Ryan served as a law clerk to the Honorable Samuel A. Alito, Jr. on the United States Supreme Court, the Honorable Richard J. Leon on the United States District Court for the District of Columbia, and the Honorable J.L. Edmondson on the United States Court of Appeals for the Eleventh Circuit.
Prior to law school, Ryan was an armor officer in the United States Army assigned to the 1st Squadron, 10th U.S. Cavalry Regiment (Buffalo Soldiers). He deployed to Iraq in 2003 for Operation Iraqi Freedom.
Ryan graduated from the United States Military Academy at West Point in 1998. He earned his law degree with high honors from The University of Texas School of Law in 2007.
Professor of Law and the James Edgar Hervey '50 Chair of Litigation, UC Hastings Law
Professor Dorit Rubinstein Reiss’ received her undergraduate degree in Law and Political Science from the Faculty of Law in the Hebrew University of Jerusalem and her Ph.D. from the Jurisprudence and Social Policy program in UC Berkeley, writing her dissertation on accountability in the liberalized telecommunications and electricity sectors in England, France and Sweden.
Professor Reiss’ initial research examined accountability of administrative agencies at the state, national and international level, using as case studies the California Public Utility Commission (CPUC), the FAA, and other agencies in the United States and Europe.
Her current research and activities focus on legal and policy issues related to vaccines. She writes about vaccines mandates, policy responses to non-vaccinating, tort issues and administrative issues related to vaccines, and the anti-vaccine movement.
Professor Reiss teaches torts, administrative law, public health law, and several seminars, and appreciates the opportunity to work with UC Hastings’ talented, hardworking body of students.
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.
Florida Third District Court of Appeal
On October 18, 2013 Governor Rick Scott appointed Judge Edwin A. Scales, III to the Third District Court of Appeal, making him the first Monroe County attorney ever appointed to the Court.
Before his appointment, Judge Scales was a sole practitioner in Key West, Florida. His practice concentrated in the areas of appellate litigation, commercial and real estate litigation, administrative law, and mediation. Additionally, through his “of-counsel” affiliation with the GrayRobinson law firm, Judge Scales served as the General Counsel to the Florida Citrus Commission.
Prior to moving to Key West, Judge Scales was a shareholder in the Lakeland, Florida law firm of Lane, Trohn, Bertrand, & Vreeland, P.A. In 1998, Judge Scales became the General Counsel for Historic Tours of America, Inc., a national site-seeing company with headquarters in Key West, Florida.
From 2011 thru 2013, Judge Scales served on the Florida Commission on Ethics and was its vice chairman. In 2005, Monroe County's attorneys elected Judge Scales to serve on the Florida Bar's Board of Governors, and he was re-elected to that position four times. He served on the Bar’s Executive Committee for three years and chaired both the Bar’s Legislation Committee and Citizen’s Forum.
In 2006, Judge Scales was appointed by Florida Governor Jeb Bush to the Board of Trustees of the Florida Keys Community College. He was reappointed to the Board by Governors Crist and Scott. He chaired the Board from 2007 to 2009, and again in 2011 and 2012.
From 2000 to 2005, Judge Scales served on the Federal Judicial Nominating Commission for Florida's Southern District. In 2009, he was appointed by Governor Charlie Crist to the Judicial Nominating Commission for Florida's 16th Judicial Circuit, and was reappointed to the JNC by Gov. Rick Scott in 2012.
In 2001, he was elected to serve a four-year term on the Key West City Commission, and in 2003 was appointed to the Florida Keys Tourist Development Council, where he served two years as Treasurer.
Since 1999, Judge Scales has hosted the weekly "Ed Scales Show" heard on Keys radio station US-1 (104.1 FM - www.us1radio.com). He has an extensive background in both radio and television, hosting "The Legal Beagles" radio program in the Tampa Bay area from 1996 to 1998.
Judge Scales was born on August 13, 1966 in Birmingham, Alabama, and was raised in Lakeland, Florida. He received his B.S. in Telecommunications with Honors from the University of Florida in 1988. While an undergraduate at the University of Florida, he was appointed by Governor Bob Martinez to serve on the Florida Board of Regents from 1987 to 1988, and was tapped into the Florida Blue Key leadership honorary. He also served as the "mike man" for the Florida Gators and is a 2-year UF Varsity Letterman. In 1988, he was named the University of Florida's outstanding male graduate and was named to the University of Florida Hall of Fame. In 1991 he received his J.D. from the University of Florida College of Law. While in law school, Judge Scales served as President of the University of Florida Student Body, he received the Bill Fleming Memorial Award for outstanding service to the University of Florida community, and he received the Book Award for Florida Administrative Law demonstrating academic excellence in that area.
Associate Professor of Political Science, Johns Hopkins University
Steven Teles is associate professor of political science at Johns Hopkins University and fellow at the New America Foundation.
He is the author, most recently, of the Rise of the Conservative Legal Movement: The Battle for Control of the Law (Princeton University Press, 2008), and before that Whose Welfare: AFDC and Elite Politics (University Press of Kansas, 1996). He is the co-editor of two books: Conservatism and American Political Development (Oxford University Press, 2009, with Brian Glenn) and Ethnicity, Social Mobility and Public Policy: Comparing the US and UK (Cambridge University Press, 2005, with Glenn Loury and Tariq Modood). Professor Teles is also the editor of Oxford University Press' book series on Contemporary American Political Development. He is currently working on two co-authored books. The first, with Mark Kleiman of UCLA, tentatively calledThe Statesman's Discipline: The Art of Asking the Right Questions. His second project, with Peter Frumkin, is a developmental study of foundations over the past half-century.
Professor Teles has also published articles in the New Statesman, American Prospect, Public Interest, National Affairs, The American Interest, Prospect (UK) and Boston Reviews, appeared on bloggingheads.tv and blogs occasionally at samefacts.com.
He received his PhD in government and foreign affairs from the University of Virginia in 1995, and his BA in political science from George Washington University in 1989.
David Berger Professor for the Administration of Justice, University of Pennsylvania Carey Law School
Kermit Roosevelt works in a diverse range of fields, focusing on constitutional law and conflict of laws. He has published scholarly books in both fields.
Conflict of Laws (Foundation Press, 2010) offers an accessible analytical overview of conflicts. The Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale, 2006) sets out standards by which citizens can determine whether the Supreme Court is abusing its authority to interpret the Constitution.
He has published articles in the Virginia Law Review, Michigan Law Review, and Columbia Law Review, among others.
He is also the author of two novels, In the Shadow of the Law (Farrar, Straus & Giroux, 2005) and Allegiance (Regan Arts, 2015).
In 2014, he was selected by the American Law Institute as the Reporter for the Third Restatement of Conflict of Laws.
Antonin Scalia Professor of Law, Harvard Law School
Stephen E. Sachs is the Antonin Scalia Professor of Law at Harvard Law School, where he teaches civil procedure, conflict of laws, and seminars on constitutional law. His research focuses on the law and theory of constitutional interpretation, the jurisdiction of state and federal courts, the history of procedure and private law, and the role of the general common law in the U.S. legal system.
Sachs has authored numerous articles, essays, and book chapters. He is an elected member of the American Law Institute, an adviser to the ALI’s project on the Restatement of the Law (Third), Conflict of Laws, a former member of the Judicial Conference’s Advisory Committee on Appellate Rules, and a founding member of the Academic Freedom Alliance.
In 2020, Sachs received the Federalist Society’s Joseph Story Award, which recognizes a young academic who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society.
Sachs previously taught at Duke University School of Law and as a visiting professor at the University of Chicago Law School. Before entering academia, he practiced in the Washington, D.C., litigation group of Mayer Brown LLP, and he clerked for Chief Justice John G. Roberts Jr. as well as for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit.
Sachs received his J.D. from Yale Law School, where he was executive editor of the Yale Law Journal and served both as executive editor and articles editor of the Yale Law & Policy Review. A Rhodes Scholar, he graduated from Oxford University with a first-class BA (Hons) degree in philosophy, politics, and economics. He received his A.B. degree summa cum laude in history from Harvard University, earning the Sophia Freund Prize.
Sachs is a licensed attorney in Massachusetts and the District of Columbia, and he is authorized to practice before the D.C. Circuit, the Second Circuit, the Seventh Circuit, and the Supreme Court of the United States.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Chartered Financial Analyst, Walden Consultants LLC
After more than 30 years in print and electronic journalism at Forbes, Bloomberg Business News and major metro dailies in Dallas and Houston, Daniel Fisher formed Walden Consultants LLC to provide high quality writing, editing and advice on media strategy. In addition to his journalism experience, he has a master’s degree from Yale Law School, where he was a Knight fellow in 2003-04, and holds the Chartered Financial Analyst designation. Background financial investigations have been a fundamental part of his business journalism career.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Associate Professor of Law at Georgetown, Maria J. Glover specializes in civil procedure, complex litigation, and the interplay between private litigation and public regulation. She was a Climenko Fellow and Lecturer on Law at Harvard Law School before coming to Georgetown in 2012. Before teaching, she clerked for Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and practiced in the Supreme Court Appellate practice group at Mayer Brown LLP in Washington, DC. She is a graduate of Vanderbilt Law School. She was the recipient of the Cecil D. Branstetter Litigation and Dispute Resolution Program Award.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Wilson-Dickinson Professor of Law, University of Chicago Law School
After obtaining a BA in economics from the University of Chicago in 1986 and a JD from Harvard Law School in 1990, Bernstein served as a clerk for the U.S. District Court for the District of Massachusetts and was a visiting research fellow in law and economics at Harvard Law School. She began teaching at Boston University in 1991, and after visiting at the University of Pennsylvania and the Georgetown Law Center, joined the Georgetown faculty in 1995. After visiting the Law School in the fall of 1997 and Columbia Law School in the spring of 1998, Bernstein joined the Law School faculty. She has also been a visiting professor of law at Hebrew University, Tel Aviv University, The College of Law and Business in Ramat Gan, and the Interdisciplinary Center in Israel. Bernstein was recently appointed as an international research fellow at theOxford University Center for Corporate Reputation.
Bernstein's research interests are in the area of contracts and commercial law with a special emphasis on industry-specific dispute resolution and modern supply chain relationships. She is also interested in the design of commercial courts in emerging and transitioning economies and the relationship between social structures and economic development.
Frank Edwards Tyler Distinguished Professor of Law, University of Kansas School of Law
Stephen Ware is the author of four books, over 50 law review articles, and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 36 other cases. Ware teaches and writes on: Arbitration, Mediation, and Alternative Dispute Resolution, Bankruptcy, Insolvency, and Debt Collection, Contracts and Commercial Law, and Judicial Selection, each with an international or comparative dimension.
Ware has testified before both houses of the U.S. Congress, several state legislatures and, as an expert witness, in court. He is a frequent guest lecturer and speaker at academic and professional conferences—having given such presentations throughout the U.S. and in several other countries. He has appeared on numerous television and radio stations and been quoted in The New York Times, Wall Street Journal, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and has served, at various times in his career, on the editorial board of the Journal of Legal Education and as an arbitrator for the American Arbitration Association.