Necessary & Proper Episode 67: Non-Delegation? Or No Divesting? Art. I, Sec. 1 at the Founding and Today
On May 17, as part of their annual Executive Branch Review Conference, the Federalist Society's...
Federalism & Separation of Powers Practice Group
Nicholas Bagley, Philip A. Hamburger, Jenn L. Mascott, Nicholas R. Parrillo, Neomi Rao
On May 17, as part of their annual Executive Branch Review Conference, the Federalist Society's...
In the 1992 case New York v. United States, the Supreme Court applied the anticommandeering...
Federalist Society Review, Volume 22
A review of Fears of a Setting Sun: The Disillusionment of America’s Founders, by Dennis...
In his new book, The President Who Would Not Be King, Professor Michael McConnell analyzes...
Federalist Society Review, Volume 22
A review of The President Who Would Not Be King: Executive Power under the Constitution,...
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Associate, Consovoy McCarthy PLLC
Ms. Bates assists clients with a variety of litigation and appellate matters that encompass constitutional law, administrative law, and commercial litigation. Before joining the firm, Ms. Bates was a law clerk to Judge Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit. She previously served as a Legal Policy Analyst at the Heritage Foundation, where she researched and wrote about the courts, judicial nominations, and various constitutional issues. She also co-hosted Heritage’s SCOTUS 101 podcast. She earned her B.A. magna cum laude in Politics from Hillsdale College, and her J.D. from the Antonin Scalia Law School at George Mason University. Ms. Bates is a member of the Virginia Bar.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
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.
Judge, Arizona Court of Appeals, Division One
The Honorable Jennifer M. Perkins began service on the Arizona Court of Appeals, Division One, on October 30, 2017. At the time of her appointment by Governor Douglas Ducey, Judge Perkins was Assistant Solicitor General for the State of Arizona.
Judge Perkins was born in Portales, New Mexico, and primarily raised in Albuquerque. She attended the prestigious Albuquerque Academy from 1988-1995, before moving to Washington D.C. to attend the Elliott School of International Affairs at the George Washington University as a National Merit Scholar. Therafter, she relocated again to Dallas, Texas, and earned her juris doctor from the SMU Dedman School of Law, graduating cum laude in 2002.
Judge Perkins started her career at the law firm of Browning & Peifer (now Peifer, Hanson, Mullins, and Baker) in Albuquerque, New Mexico. While there, she litigated complex commercial matters including class action plaintiff and defense work, and assisted with employment and contract litigation. In 2003, the judge accompanied the Honorable James O. Browning in transitioning to the federal district court bench, serving as his first law clerk.
After her clerkship, Judge Perkins moved to Arizona to work for the Institute for Justice, Arizona Chapter, a public interest law firm. She spent five years with IJ-AZ litigating civil rights cases in Arizona and across the country. In 2009, the judge became Disciplinary Counsel for the Arizona Commission on Judicial Conduct, where she reviewed and prosecuted ethics complaints against state court judges throughout Arizona. After five years serving the state in this capacity, Judge Perkins entered private practice by joining an appellate law firm in Phoenix. While there, she worked on state and federal appeals involving a wide range of legal subjects, including complex business disputes, property rights, judicial ethics, and personal injury matters.
In January 2015, Judge Perkins joined the Office of the Arizona Attorney General to serve as the first Assistant Solicitor General; in that capacity, she was responsible for oversight of Attorney General Opinions and served as ethics counsel to the entire office. In addition to these two primary roles, the judge assisted on a variety of matters including trial and appellate litigation of election-related matters; federal appellate litigation with the Federalism Unit; state criminal appeals; and drafting amicus briefs on behalf of Arizona in state and federal courts.
Chief Justice, Supreme Court of Georgia
Chief Justice Nels Peterson was appointed to the Georgia Supreme Court in 2016, and was elected to full six-year terms in 2018 and 2024. He previously served in a variety of other roles in Georgia state government, including as judge on the Georgia Court of Appeals, general counsel for the University System of Georgia, Georgia’s first solicitor general in the Attorney General’s Office, and executive counsel to the Governor.
Before entering state government, Nels practiced at King & Spalding LLP in Atlanta and clerked for Chief Judge William H. Pryor Jr. of the United States Court of Appeals for the Eleventh Circuit. He is a graduate of Kennesaw State University and Harvard Law School. Nels and his wife Jennifer have two children and live in Cobb County, where they teach adult Sunday school at Johnson Ferry Baptist Church.
Vice President for Legal Affairs, Goldwater Institute
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.
Senior Research Fellow, Pembroke College, University of Oxford; Director, the Quill Project
Dr. Nicholas Cole (MA MPhil DPhil Oxf) studies the political thought of the eighteenth and early nineteenth century, and is working on a digitial project that looks at the way constitutions and treaties have been negotiated over the last two hundred years.
Justice, Florida Supreme Court
John D. Couriel is the 90th Justice of the Florida Supreme Court. Justice Couriel was born in Miami, Florida in 1978. He is married to Rebecca L. Toonkel, M.D. They have two children.
Justice Couriel received his A.B. magna cum laude from Harvard College in 2000 and his J.D. from Harvard Law School in 2003. He clerked for the Honorable John D. Bates of the United States District Court for the District of Columbia before joining Davis Polk & Wardwell in New York. His practice there included securities offerings, mergers and acquisitions, bankruptcy matters, and investigations. In 2009, he became an Assistant United States Attorney for the Southern District of Florida. He prosecuted hundreds of federal offenses, including international money laundering, public integrity, healthcare fraud, and human trafficking crimes. In 2013, he joined Kobre & Kim LLP, where he specialized in cross-border disputes and investigations relating to financial products and services, asset recovery, and government enforcement defense, with an emphasis on clients in Latin America.
Justice Couriel is a native speaker of Spanish. His parents emigrated from Cuba in the 1960s, his father as one of approximately 14,000 unaccompanied minors welcomed to the United States as part of Operation Pedro Pan.
He was appointed to the Florida Supreme Court by Governor Ron DeSantis on June 1, 2020.
Attorney General, Alaska
Stephen J. Cox serves as the 28th Attorney General of the State of Alaska, where he oversees the state’s legal affairs and serves as the chief prosecutor with oversight of all district attorneys, general counsel to the Governor and executive branch, and represents the State in all civil and criminal cases in federal and state court. He brings to the role a proven record of public service at the highest levels of the U.S. Department of Justice, combined with deep experience in Alaska’s private sector and community life.
Before his appointment, he was Senior Vice President, Chief Legal and Strategy Officer of Bristol Bay Industrial—an investment platform of the Bristol Bay Native Corporation—acting as the chief legal officer for the industrial services portfolio on behalf of the Alaska Native shareholders in the Bristol Bay region. In that role, he led legal, compliance, and strategic planning for major energy, infrastructure, and utility projects across the State and in the Lower 48.
Earlier in his career, beginning in 2011, Cox served as in-house counsel for Apache Corporation, where he was the principal attorney for Apache Alaska and focused on new ventures and exploratory work in Cook Inlet, including seismic initiatives and ongoing regulatory coordination with state agencies.
Cox is deeply rooted in Anchorage’s community and faith life. He and his family attend Holy Family Old Cathedral in downtown Anchorage and support Mission Alaska, the Dominican friars’ outreach ministry under the Western Dominican Province. He was the founding board president and chairman of a new classical school in South Anchorage.
On the national stage, Cox held senior leadership roles in the U.S. Department of Justice under the Trump Administration. As Deputy Associate Attorney General, he co-chaired the DOJ’s Regulatory Reform Task Force and the Working Group on Corporate Enforcement and Accountability, and helped implement landmark policies aimed at curbing regulatory overreach and aligning enforcement with fairness and oversight. Later, as U.S. Attorney for the Eastern District of Texas, he oversaw prosecutions and civil litigation spanning 43 counties, prioritizing healthcare fraud, elder fraud, and violent crime while ensuring enforcement remained transparent and fair.
Earlier in his career, Cox practiced complex litigation at a major international law firm, served as counselor to the Director of U.S. Immigration and Customs Enforcement, and helped lead the William H. Webster Commission, which reviewed FBI counterterrorism intelligence and operations following the Fort Hood tragedy.
He began his legal career with a clerkship for Judge J. L. Edmondson of the U.S. Court of Appeals for the Eleventh Circuit. Cox earned a B.S. in Computer Science from Texas A&M University and a J.D., summa cum laude, from the University of Houston Law Center. He and his wife, Cristina, are raising their three children in Anchorage, and have made Alaska their home.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Editor-in-Chief, The Harvard Journal of Law and Public Policy
Sean Pigeon is a third-year law student from Texas, who graduated with honors from Yale in 2021. Before law school, he worked for the Manhattan Institute and National Review. He spent his last two summers at Vartabedian, Hester & Haynes, where he will return after clerking for the Texas Supreme Court and the Fifth Circuit Court of Appeals.
J.D. Candidate, Notre Dame Law School
Savannah Shoffner is a third-year law student at Notre Dame Law School. She graduated from Oklahoma Baptist University in 2023 with majors in Mathematics and History. During law school, she served as a Managing Senior Editor on the Notre Dame Law Review, as an oralist on the Constitutional Law Moot Court team, and as a student fellow in the school’s Religious Liberty Clinic. Savannah interned with the Alliance Defending Freedom during her 1L summer and spent her 2L summer at Sidley Austin in Washington, D.C. Following graduation, she will clerk for Judge Patrick Bumatay on the U.S. Court of Appeals for the Ninth Circuit.
Professor of Law, University of Michigan Law School
Professor Nicholas Bagley teaches and writes in the areas of administrative law, regulatory theory, and health law. Prior to joining the Law School faculty, he was an attorney with the appellate staff in the Civil Division at the U.S. Department of Justice, where he argued a dozen cases before the U.S. Courts of Appeals and acted as lead counsel in many more. Professor Bagley also served as a law clerk to Justice John Paul Stevens of the U.S. Supreme Court and to the Hon. David S. Tatel of the U.S. Court of Appeals, District of Columbia Circuit. Professor Bagley holds a BA in English from Yale University and received his JD, summa cum laude, from New York University School of Law. Before entering law school, he joined Teach For America and taught eighth-grade English at a public school in South Bronx. Professor Bagley's work has appeared in the Harvard Law Review, the Columbia Law Review, the Georgetown Law Journal, the New England Journal of Medicine, and the Journal of Health Politics, Policy, and Law. In 2012, he was the recipient of the Law School's L. Hart Wright Award for Excellence in Teaching. He is a frequent contributor to The Incidental Economist, a prominent health policy blog.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
William K. Townsend Professor of Law, Yale Law School
Nicholas R. Parrillo is Townsend Professor of Law at Yale, with a secondary appointment as Professor of History. His research and teaching focus on administrative law and government bureaucracy and extend to legal history, remedies, and legislation. He has received the ABA’s award for the year’s best scholarship in administrative law and the Law and Society Association’s Hurst Prize for the year’s best book in legal history.
Parrillo’s Yale Law Journal article finding new originalist evidence of broad congressional delegations to agencies was discussed in the Solicitor General’s winning brief in the Supreme Court’s latest nondelegation case and in the en banc 5th Circuit opinion in that case. His Harvard Law Review article on how the judiciary handles the federal government’s disobedience to court orders has been discussed in The Washington Post, The Wall Street Journal, and The New York Times. Parrillo also authored a study that provided the empirical basis for best practices adopted by the Administrative Conference of the United States (ACUS) on the federal government’s ubiquitous but controversial use of guidance documents. Peer scholars at Jotwell, in selecting the “best new scholarship” in law, selected each of these three publications (one of them twice). Parrillo’s most recent article, invited for GW’s annual administrative law issue, reveals and analyzes dramatic variation among industries in their willingness to sue their federal health-and-safety regulators.
Parrillo has testified before Congress, been quoted by the Supreme Court, is a senior fellow of ACUS, and has been an instructor at the New York Historical Society’s graduate institute and an invited speaker before the 2nd Circuit Judicial Conference, the U.S. Department of Justice (in 2019 and again in 2024), the ACLU’s national legal staff, and the Federalist Society’s national convention (two times). He is a recipient of the Law School’s annual teaching award.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Jacob Weaver is a third-year law student at University of Michigan Law School.
Raoul Berger Professor of Legal History at Northwestern University School of Law
Stephen Presser is a leading American legal historian and expert on shareholder liability for corporate debts. He is frequently an invited witness before committees of the U.S. Senate and House of Representatives on issues of constitutional law. He holds a joint appointment with the J. L. Kellogg Graduate School of Management and also teaches in Northwestern's history department.
Associate Deputy Attorney General, United States Department of Justice
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.