Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Former CEO, Vascular Solutions
Howard Root is the recently-retired Chief Executive Officer of Vascular Solutions, Inc., a company he founded in 1997, took public in 2000, and grew into a worldwide medical device company that he sold to Teleflex for $1 billion in February 2017. Over the company’s 20 years, Howard led Vascular Solutions in inventing, developing and launching over 100 new medical devices that are used daily to improve the lives of patients suffering from cardiovascular disease. In 2014, Vascular Solutions and Howard were indicted on felony charges alleging the company’s salespeople had promoted off-label an FDA-cleared medical device that made up only 0.1% of the company’s sales and never harmed a single patient. After surviving an arduous legal process, with 121 attorneys charging $25 million in legal fees, in February 2016 the jury returned a verdict of not guilty on all charges, even though the defense didn’t call a single witness to testify in the four-week trial.
Partner, Latham & Watkins LLP
Alice Fisher is a partner in Latham & Watkins' Washington, D.C. office and is a member of the firm's Executive Committee. She focuses her practice on white collar criminal investigations, internal investigations and advises clients on a range of criminal matters.
From 2005-2008, Ms. Fisher served as Assistant Attorney General in charge of the Criminal Division of the US DOJ. As Assistant Attorney General, Ms. Fisher led more than 750 attorneys and staff responsible for federal criminal enforcement policy as well as handling criminal matters in federal courts across the country in all areas of federal criminal law enforcement. Under her leadership, the Criminal Division pursued a broad array of federal criminal investigations and prosecutions, with particular focus on corporate fraud matters, including securities fraud, procurement fraud, financial institution fraud, anti-money laundering, healthcare fraud, computer hacking and cyber security, national security, as well as US-domestic and international corruption.
Ms. Fisher also chaired the National Procurement Fraud Task Force, supervised the Medicare Fraud Strike Force, and served as a member of the President's Corporate Fraud Task Force. She handled various transnational and multi-national law enforcement operations and policies, including bilateral agreements and treaties involving information sharing and global criminal enforcement initiatives. Representing the DOJ in front of Congress, Ms. Fisher testified on criminal enforcement policies and served on the Federal Criminal Rules Committee.
As a litigation partner at Latham from 2003-2005 and prior to 2001, Ms. Fisher represented both individual and corporate clients in grand jury, agency and congressional inquiries involving allegations of securities and bank fraud, healthcare fraud, the FCPA, criminal antitrust matters, OFAC sanctions and procurement fraud. She has also represented clients in a number of complex civil and regulatory litigations. Ms. Fisher previously held other positions in government, including Deputy Special Counsel to a US Senate Special Committee.
Ms. Fisher has published articles and spoken on criminal law topics such as the criminalization of corporate conduct, the FCPA, healthcare and procurement fraud, the False Claims Act, the US criminal enforcement environment, public corruption and the honest services statute, financial crime in the financial services industry, securities fraud, identity theft, cybercrime and national security.
Senior Judge, United States District Court, District of Columbia
Judge Leon was appointed to the United States District Court in February 2002. He received his A.B. from Holy Cross College in 1971, his J.D. cum laude from Suffolk Law School in 1974, and his LL.M. from Harvard Law School in 1981. Immediately prior to his appointment to the bench, Judge Leon was engaged in private practice in Washington, D.C., as a partner in the Washington office of Baker & Hostetler (1989-1999), and Vorys, Sater, Seymour and Pease (1999-2002). Prior to and while in private practice, Judge Leon served as counsel to Congress in the investigations of three sitting Presidents. In 1987, he was the Deputy Chief Minority Counsel for the U.S. House Select “Iran-Contra” Committee. From 1992-1993, he was the Chief Minority Counsel to the U.S. House Foreign Affairs Committee’s “October Surprise” Task Force. In 1994, Judge Leon was Special Counsel to the U.S. House Banking Committee for its “Whitewater” investigation. He also served in 1997 as Special Counsel to the bipartisan U.S. House Ethics Reform Task Force. Earlier in his career, Judge Leon served at the U.S. Department of Justice in a number of positions including Deputy Assistant Attorney General in the Environment Division, Senior Trial Attorney in the Criminal Section of the Tax Division, and as a Special Assistant United States Attorney in the Southern District of New York. He also served as a Commissioner on the White House Fellows Commission and the Judicial Review Commission on Foreign Asset Control. A former full-time law professor at St. John’s Law School (1979-1983), Judge Leon is currently an adjunct law professor at the Georgetown University Law Center and the George Washington University Law School.
Partner, Morgan, Lewis & Bockius LLP
Matthew S. Miner focuses his practice on white collar enforcement and compliance matters, as well as US congressional inquiries and committee investigations. Mr. Miner has experience in investigations involving alleged corporate misconduct—including matters related to the FCPA—in jurisdictions on five continents. He regularly represents companies and individuals in grand jury investigations, matters involving the US Department of Justice, Securities and Exchange Commission, and Office of Foreign Assets Control, internal and audit committee investigations, and inquiries by non-governmental entities, such the World Bank.
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Partner, Latham & Watkins LLP
Alice Fisher is a partner in Latham & Watkins' Washington, D.C. office and is a member of the firm's Executive Committee. She focuses her practice on white collar criminal investigations, internal investigations and advises clients on a range of criminal matters.
From 2005-2008, Ms. Fisher served as Assistant Attorney General in charge of the Criminal Division of the US DOJ. As Assistant Attorney General, Ms. Fisher led more than 750 attorneys and staff responsible for federal criminal enforcement policy as well as handling criminal matters in federal courts across the country in all areas of federal criminal law enforcement. Under her leadership, the Criminal Division pursued a broad array of federal criminal investigations and prosecutions, with particular focus on corporate fraud matters, including securities fraud, procurement fraud, financial institution fraud, anti-money laundering, healthcare fraud, computer hacking and cyber security, national security, as well as US-domestic and international corruption.
Ms. Fisher also chaired the National Procurement Fraud Task Force, supervised the Medicare Fraud Strike Force, and served as a member of the President's Corporate Fraud Task Force. She handled various transnational and multi-national law enforcement operations and policies, including bilateral agreements and treaties involving information sharing and global criminal enforcement initiatives. Representing the DOJ in front of Congress, Ms. Fisher testified on criminal enforcement policies and served on the Federal Criminal Rules Committee.
As a litigation partner at Latham from 2003-2005 and prior to 2001, Ms. Fisher represented both individual and corporate clients in grand jury, agency and congressional inquiries involving allegations of securities and bank fraud, healthcare fraud, the FCPA, criminal antitrust matters, OFAC sanctions and procurement fraud. She has also represented clients in a number of complex civil and regulatory litigations. Ms. Fisher previously held other positions in government, including Deputy Special Counsel to a US Senate Special Committee.
Ms. Fisher has published articles and spoken on criminal law topics such as the criminalization of corporate conduct, the FCPA, healthcare and procurement fraud, the False Claims Act, the US criminal enforcement environment, public corruption and the honest services statute, financial crime in the financial services industry, securities fraud, identity theft, cybercrime and national security.
Senior Judge, United States District Court, District of Columbia
Judge Leon was appointed to the United States District Court in February 2002. He received his A.B. from Holy Cross College in 1971, his J.D. cum laude from Suffolk Law School in 1974, and his LL.M. from Harvard Law School in 1981. Immediately prior to his appointment to the bench, Judge Leon was engaged in private practice in Washington, D.C., as a partner in the Washington office of Baker & Hostetler (1989-1999), and Vorys, Sater, Seymour and Pease (1999-2002). Prior to and while in private practice, Judge Leon served as counsel to Congress in the investigations of three sitting Presidents. In 1987, he was the Deputy Chief Minority Counsel for the U.S. House Select “Iran-Contra” Committee. From 1992-1993, he was the Chief Minority Counsel to the U.S. House Foreign Affairs Committee’s “October Surprise” Task Force. In 1994, Judge Leon was Special Counsel to the U.S. House Banking Committee for its “Whitewater” investigation. He also served in 1997 as Special Counsel to the bipartisan U.S. House Ethics Reform Task Force. Earlier in his career, Judge Leon served at the U.S. Department of Justice in a number of positions including Deputy Assistant Attorney General in the Environment Division, Senior Trial Attorney in the Criminal Section of the Tax Division, and as a Special Assistant United States Attorney in the Southern District of New York. He also served as a Commissioner on the White House Fellows Commission and the Judicial Review Commission on Foreign Asset Control. A former full-time law professor at St. John’s Law School (1979-1983), Judge Leon is currently an adjunct law professor at the Georgetown University Law Center and the George Washington University Law School.
Partner, Morgan, Lewis & Bockius LLP
Matthew S. Miner focuses his practice on white collar enforcement and compliance matters, as well as US congressional inquiries and committee investigations. Mr. Miner has experience in investigations involving alleged corporate misconduct—including matters related to the FCPA—in jurisdictions on five continents. He regularly represents companies and individuals in grand jury investigations, matters involving the US Department of Justice, Securities and Exchange Commission, and Office of Foreign Assets Control, internal and audit committee investigations, and inquiries by non-governmental entities, such the World Bank.
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Supreme Court October 2017 Term Preview
John C. Eastman
Practice Groups Podcast
On Friday, October 6, The Federalist Society hosted a special 90-minute Teleforum to preview the significant...
Qualified Immunity
William Baude
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One of the most important doctrines in civil rights litigation is qualified immunity, which holds...
Moore v. Texas - Post-Decision SCOTUScast
Joanmarie Davoli
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On March 28, 2017, the Supreme Court decided Moore v. Texas, a habeas corpus dispute...
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The SCOTUS Tax Case to Watch: Marinello v. United States
The National Law Journal recently called Marinello v. United States one of eight “major SCOTUS...
Sessions v. Dimaya [SCOTUSbrief]
John C. Eastman
Short video featuring John Eastman
Is immigration enforcement subject to the same standards as criminal law? Professor John Eastman of...
Litigation Update: Sanctuary Cities in the District Court - Podcast
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On Friday, September 15 Judge Harry Leinenweber of the Northern District of Illinois granted a...
Cardiac Arrest: A Cautionary Tale
Howard Root
Regulatory Transparency Project Teleforum
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Beyond the Yates Memo: A New Era of Enforcement?
Alice Fisher, Richard J. Leon, Matthew S. Miner, George J. Terwilliger
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In this sequel to our panel last year on “The Limits of Federal Criminal Law,”...
Beyond the Yates Memo: A New Era of Enforcement?
Alice Fisher, Richard J. Leon, Matthew S. Miner, George J. Terwilliger
Criminal Law & Procedure Practice Group
In this sequel to our panel last year on “The Limits of Federal Criminal Law,”...
Topics
The Rule of Lenity: A five-minute guide to navigating the intersection of administrative and criminal law
It is not often that you think of the terms “criminal defense” and “Chevron deference”...