A Conversation with Judge Nalbandian
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Judge, United States Court of Appeals, Sixth Circuit
John B. Nalbandian serves as a United States Circuit Judge from Kentucky on the U.S. Court of Appeals for the Sixth Circuit. He was nominated and confirmed to that position in 2018. Prior to that, Judge Nalbandian was a partner in the litigation practice group of Taft Stettinius & Hollister LLP in Cincinnati, where he served as the firm’s lead appellate lawyer and also practiced complex litigation in state and federal courts. Judge Nalbandian was board certified by the Ohio State Bar Association as a specialist in appellate law. Prior to joining Taft, Judge Nalbandian practiced for five years in the appellate section of Jones Day in Washington, DC. Upon graduation from law school, Judge Nalbandian clerked for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit in Houston. While in private practice, he also served as a board member of the State Justice Institute, a nonprofit organization established by the federal government to improve the administration of justice in state courts. He served as President of the Cincinnati Lawyers Chapter of the Federalist Society. He has also been involved in his community as a board member of the Greater Cincinnati Minority Counsel Program, and as a board member of the Asian Pacific Bar Association of Southwest Ohio. Judge Nalbandian earned his B.S., magna cum laude, from the Wharton School at the University of Pennsylvania and his J.D. from the University of Virginia School of Law, where he was inducted into the Order of the Coif and served as managing editor of the Virginia Law Review.
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.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
United States Senator, Utah
Elected in 2010 as Utah's 16th Senator, Mike Lee has spent his career defending the basic liberties of Americans and Utahns as a tireless advocate for our founding constitutional principles.
Senator Lee acquired a deep respect for the Constitution early on. His father, Rex Lee, who served as the Solicitor General under President Ronald Reagan, would often discuss varied aspects of judicial and constitutional doctrine around the kitchen table, from Due Process to the uses of Executive Plenary Power. He attended most of his father's arguments before the U.S. Supreme Court, giving him a unique, hands-on experience and understanding of government up close.
Lee graduated from Brigham Young University with a Bachelor of Science in Political Science, and served as BYU's Student Body President in his senior year. He graduated from BYU's Law School in 1997 and went on to serve as law clerk to Judge Dee Benson of the U.S. District Court for the District of Utah, and then with future Supreme Court Justice Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit.
Lee spent several years as an attorney with the law firm Sidley & Austin specializing in appellate and Supreme Court litigation, and then served as an Assistant U.S. Attorney in Salt Lake City arguing cases before the U.S. Court of Appeals for the Tenth Circuit.
Lee served the state of Utah as Governor Jon Huntsman's General Counsel and was later honored to reunite with Justice Alito, now on the Supreme Court, for a one-year clerkship. He returned to private practice in 2007.
Throughout his career, Lee earned a reputation as an outstanding practitioner of the law based on his sound judgment, abilities in the courtroom, and thorough understanding of the Constitution.
Today, Lee fights to preserve America's proud founding document in the United States Senate. He advocates efforts to support constitutionally limited government, fiscal responsibility, individual liberty, and economic prosperity.
Lee is a member of the Judiciary Committee, and serves as Chairman of the Antitrust, Competition Policy and Consumer Rights Subcommittee protecting business competition and personal freedom.
He also oversees issues critical to Utah as the Chairman of the Water and Power Subcommittee of the Energy and Natural Resources Committee. He serves on the Commerce Committee and the Joint Economic Committee, as well.
In the 114th Congress, Lee also began his tenure as Chairman of the Senate Steering Committee, where he works with his Republican colleagues in the Senate to introduce bold and innovative solutions to issues facing the American people.
Lee and his wife Sharon live in Alpine, Utah, with their three children. He is a member of The Church of Jesus Christ of Latter-day Saints and served a two-year mission for the Church in the Texas Rio Grande Valley.
Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Associate Professor of Law, University of Notre Dame Law School
Sherif Girgis joined Notre Dame Law School in 2021. Prior to joining Notre Dame Law, Sherif practiced law at Jones Day in Washington, D.C., where he focused on appellate and complex civil litigation. Before that, Girgis served as a law clerk to Justice Samuel Alito, Jr., of the U.S. Supreme Court and Judge Thomas B. Griffith of the U.S. Court of Appeals for the D.C. Circuit. Now completing his Ph.D. in philosophy at Princeton, Girgis earned his J.D. at Yale Law School, where he served as an editor of the Yale Law Journal and won the Felix S. Cohen Prize for best paper in legal philosophy. Before law school, he earned a master's degree (B.Phil.) in philosophy from the University of Oxford as a Rhodes Scholar, and his bachelor's degree in philosophy from Princeton, Phi Beta Kappa and summa cum laude. Girgis is coauthor of What Is Marriage? Man and Woman: A Defense, cited in a dissent in United States v. Windsor, and Debating Religious Liberty and Discrimination, released by Oxford University Press in 2017. His work at the intersection of philosophy and law--including criminal law, constitutional liberties, and jurisprudence--has appeared in academic and popular venues including the Yale Law Journal, the Virginia Law Review, the University of Pennsylvania Law Review, the Harvard Journal of Law and Public Policy, the American Journal of Jurisprudence, the Cambridge Companion to Philosophy of Law, The New York Times, and The Wall Street Journal.
Senior Vice President & Director of Legal - Football Division, VaynerSports
Kyle Dolan is Senior Vice President and Director of Legal - Football Division at VaynerSports, and an NFLPA Certified Contract Advisor. His legal background and work experience as a practicing attorney have helped shape his unique approach to contract negotiations and ability to develop creative solutions. Kyle ensures that clients are prepared and informed, as he heads the company's study of contract analytics and maintains a comprehensive database of NFL contracts. He also takes pride in his knowledge of the NFL Collective Bargaining Agreement and devotes himself to providing candid advice and relentless advocacy. Kyle's work has resulted in over $500 million of playing contracts for NFL clients.
A native of Syracuse, New York, Kyle attended The Ohio State University, graduating with a Bachelor’s Degree in Political Science. He then received his Juris Doctor from the University of Chicago, where he served as President of the Sports and Entertainment Law Society.
He and his wife Allison reside in Lombard, Illinois, with their five children.
President & Co-Founder, Degree Insurance Co.
Dennis is the President and Co-Founder of Degree Insurance Co., an innovative insurance startup working to restore the American Dream by removing the risks inherent in seeking higher education.
Prior to Degree Insurance, Dennis founded DM Legal Strategy LLC, a different kind of legal services provider focusing on understanding the challenges facing clients in heavily regulated industries. Instead of relying solely on the traditional model of hourly billing for legal advice, DM Legal Strategy works hard to identify alternative arrangements that deliver the best value to all clients, from lean startups to large enterprises.
Before founding DM Legal Strategy, Dennis served as the General Counsel and Senior Advisor to Governor Rauner in Illinois, where he led a large team responsible for a wide range of legal, regulatory, and compliance issues in an organization with an annual budget of approximately $60 billion. He began his legal career as a federal appellate law clerk and then practiced appellate litigation at a large, international law firm. With over a decade of diverse experiences, Dennis loves the law and is constantly looking for creative ways to make sure his clients achieve business success no matter how complex a regulatory environment they face.
Prior to practicing law, Dennis began his career as an actuary, with experience in both pension and insurance matters.
When not knee-deep in innovative regulatory strategy, Dennis is helping his wife raise their four kids in a suburb outside Chicago. Born in Russia, he is now a proud American and living the American Dream.
Associate General Counsel, Fannie Mae
Mark Schuman is an in-house corporate governance attorney with Fannie Mae based out of its Washington, DC office. His nearly thirty- year in-house experience includes leadership in employment, public company corporate governance, executive compensation, securities, and capital markets. Mark earned his JD at Yale University in 1991 before clerking for then-Third Circuit Court of Appeals Judge Samuel Alito, Jr. He has been a Federalist Society member since 1988, has served as Secretary of the Society’s New York Lawyers Chapter, and is current on the steering committee for the Society’s In-House Counsel Network.
Solicitor General, Mississippi Attorney General's Office
Scott G. Stewart is the Solicitor General of Mississippi. He has litigated and presented oral argument in the U.S. Supreme Court, in all regional federal courts of appeals, and in trial-level courts across the country. Stewart previously served as a Deputy Assistant Attorney General in the U.S. Department of Justice and worked in private practice as a litigator. He served as a law clerk to Justice Clarence Thomas of the Supreme Court of the United States and to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. Stewart graduated from Princeton University and Stanford Law School.
Julius E. Davis Professor of Law, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of the new book The Constitution of 1789: A New Introduction (Cambridge 2026). His previous books include A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). He is also the author of the casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 3d ed. 2025).
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
U.S. Court of Appeals, Seventh Circuit
Diane P. Wood received her BA in 1971 and her JD in 1975 from the University of Texas at Austin. After graduation, she clerked for Judge Irving L. Goldberg of the Fifth Circuit and for Justice Harry A. Blackmun of the U.S. Supreme Court. She then worked briefly for the U.S. State Department on international investment, antitrust, and transfer of technology issues. Moving on to Covington & Burling, Judge Wood continued a more general antitrust and commercial litigation practice until June 1980. In 1980–81, she was an assistant professor at the Georgetown University Law Center. In 1981, she joined the faculty of the Law School. She spent 1985–86 on leave as a Visiting Professor at Cornell Law School, and she was on leave during the fall quarter 1986, while she worked on the project to revise the Department of Justice Antitrust Guide for International Operations. She served as Associate Dean from 1989 through 1992. From 1993 until 1995, she was deputy assistant general in the Antitrust Division of the U.S. Department of Justice with responsibility for the Division's International, Appellate, and Legal Policy matters. Before becoming a judge of the U.S. Court of Appeals for the Seventh Circuit in 1995, Judge Wood was the Harold J. and Marion F. Green Professor of International Legal Studies.
Judge Wood's research interests include antitrust (both international and general), federal civil procedure, and international trade and business. She has taught in all three fields.
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.