Attorney, Public Citizen Litigation Group
Paul Alan Levy is an attorney with the Public Citizen Litigation Group, a public interest law firm that is a division of the consumer advocacy organization Public Citizen. Among the issues on which the group litigates are federal health and safety regulation, consumer litigation, open government, union democracy, separation of powers, and the First Amendment. PCLG litigates cases at all levels of the federal and state judiciaries and has a substantial practice before federal regulatory agencies.
After working as a law clerk to Honorable Wade H. McCree, Jr. (United States Court of Appeals, Sixth Circuit) and Special Assistant to Solicitor General McCree, Paul joined the Litigation Group in December 1977 to represent workers in rank-and-file labor law cases, largely representing dissident union members in cases involving union governance. He has been there ever since, with the exception of a one-year sabbatical when he taught at Cardozo Law School. Over the years, he also developed subspecialties in some arcane issues of federal procedure such as removal jurisdiction, and the representation of "lawyers in trouble" from sanctions, contempt findings and the like (these days, though, as a defense lawyer, he files sanctions motions). He also pioneered Public Citizen's work on federal preemption of state law claims and objecting to collusive class action settlements.
He has argued scores of cases in United States Court of Appeals (three en banc). Moreover, he has argued four cases in Supreme Court of the United States, as well as writing briefs for parties in seven other cases. One odd aspect of his Supreme Court practice is that each of these eleven cases was decided 9-0 – win or lose.
Paul has specialized more recently in free speech issues arising on the Internet. He has litigated cases in state and federal courts throughout the country about the identification of anonymous Internet speakers. His amicus curiae brief in Dendrite v. Doe, whose approach was adopted by New Jersey's Superior Court Appellate Division, has become the model for other cases. His Internet practice also includes the defense of trademark and copyright claims brought as a means of suppressing critical web sites. His cases in this area, such as Bosley Medical v. Kremer and Lamparello v. Falwell, have established the right to create internet “gripe" sites that include the trademark names of companies in their domain names and meta tags. In Smith v. Wal-Mart Stores and McCall v. National Security Agency, he defended the rights of parodists to make fun of Wal-Mart's trademarks and the seals of the NSA and Department of Homeland Security. In arguing against the issuance of prior restraints in Bank Julius Baer v. Wikileaks, he had the key insight that the case had been filed without subject matter jurisdiction. For several years, Paul chaired subcommittees (on domain name litigation or on keyword advertising) of the American Bar Association's Intellectual Property Section. He currently serves on the Legal Review Committee of the American Civil Liberties Union of the District of Columbia.
A description of his work in this area was published in the Washingtonian Magazine as “Paul Levy, the Web Bully's Worst Enemy." It is accessible at http://www.washingtonian.com/articles/people/paul-levy-the-web-bullys-worst-enemy/. His work was also recently described in Hill, Stars and Gripes: Legal challenges over online reviews seek to separate fact from fiction, ABA Journal (July 2016), available at http://www.abajournal.com/magazine/article/legal_challenges_over_online_reviews_seek_to_separate_fact_from_fiction.
Partner, Clare Locke LLP
Libby is one of the country’s most sought-after libel lawyers. She is a trusted counselor and fierce advocate for Fortune 100 companies and high-profile individuals facing existential reputational attacks from the national media and other influential publishers, achieving remarkable results for her clients both in and outside the courtroom. Court watchers have called her “as good as they get,” “aggressive and not afraid to litigate,” and someone who has the media savvy to handle high profile matters in the public eye.
After co-founding Clare Locke LLP in 2014, Libby rapidly rose to national prominence for a highly-publicized multi-million dollar trial victory against Rolling Stone magazine about a fabricated gang rape at a University of Virginia fraternity. In 2019, she was lead trial counsel and won a $26 million federal jury verdict on behalf of a successful North Carolina businessman who was defamed by a public company during a proxy fight. A commentator opined that “she was excellent in trial and she eviscerated the other side,” and the federal judge concluded that her vigorous cross-examination “exposed [Defendant’s] CEO as a non-credible witness.” A skilled appellate advocate and former federal circuit clerk, in 2019 Libby achieved a rare win against The New York Times on behalf of former Gov. Sarah Palin in the U.S. Court of Appeals for the Second Circuit arising out of a false and defamatory editorial. She is actively litigating matters against a variety of mainstream news outlets, including CNN and The New York Times.
Libby’s success in the courtroom gets her results in the newsroom. She regularly advises clients and their PR counsel in dealing with the national media in crisis situations, and some of her biggest wins are the false stories the public will never hear about. She has killed flawed articles, storylines, and broadcast segments in outlets including in The New York Times, The Washington Post, Vanity Fair, The National Enquirer, and on Bloomberg, CBS and The Dr. Oz Show. Libby has also vindicated her clients’ reputations by obtaining myriad retractions of false publications. Examples include securing a $3.375 million settlement and video apology from the Southern Poverty Law Center, a complete retraction of a Bloomberg podcast, a multi-article correction from The Chicago Tribune, and the removal of a paperback edition book from publication by Simon & Schuster.
Recognized as an expert in libel law and the First Amendment, Libby has been ranked as a Band 1 global defamation/reputation management provider in Chambers & Partners HNW directory every year since its inception in 2016, and a Band 1 First Amendment Litigator in Chambers & Partners USA in 2020. She has numerous national awards and accolades from the National Law Journal, including being named as one of D.C.’s 40 Under 40 in 2019. She is regularly asked to speak on issues involving the First Amendment, media, and reputation, including publishing multiple op-eds in The Wall Street Journal and appearing as a guest on Fox News, CNN, and ABC’s 20/20. Libby has also served as an adjunct professor at Georgetown University Law Center and George Washington University Law School.
Libby graduated from NYU’s College of Arts and Science with a degree in Politics and Economics, and she received her J.D. from Georgetown University Law Center. After law school, she clerked on the U.S. Court of Appeals for the Fifth Circuit, and then began her career in private practice at Kirkland & Ellis. Perhaps the accomplishment of which she is most proud, Libby is a mom of five. She lives in Alexandria, Virginia with her husband and law partner, Tom Clare, their children, and the world’s most spoiled Labrador Retriever, Gipper.
Judge, United States Court of Appeals, Fifth Circuit
Judge Smith was appointed U.S. Circuit Judge for the Fifth Circuit by President Reagan and entered on duty in January 1988. He attended public schools in Lubbock, Texas, and graduated from Yale University, receiving a B.A. in 1969 and a J.D. in 1972.
Judge Smith was a Law Clerk to U.S. District Judge Halbert Woodward, Northern District of Texas, 1972-1973; with the Houston law firm of Fulbright & Jaworski as an Associate, 1973-1981, and as Partner, 1981-1984; and as City Attorney, City of Houston, 1984-1988. He was Chairman, Civil Service Commission, City of Houston, 1982-1984; and a Director, Harris County Housing Authority, 1978-1980.
Judge Smith lives in Houston and is married to Mary Jane Smith and has four children: Ruth Ann, Clark, J.J., and Brandon. He formerly was Chair of the Advisory Committee on Federal Rules of Evidence of the Judicial Conference of the United States. He assists LexisNexis/Matthew Bender & Co. in periodic revisions of several chapters of Moore’s Federal Practice.
Dean and Professor of Law, Widener University Delaware School of Law
Rod Smolla is Dean and Professor of Law at the Delaware Law School of Widener University, in Wilmington, Delaware. He was previously the 11th President of Furman University, in Greenville, South Carolina, the Dean of the Law School at Washington and Lee University Law School, the Dean of the University of Richmond Law School, the Director of the Institute of Bill of Rights Law at the College of William and Mary, and Senior Fellow and Project Director of the Washington Annenberg Program of Northwestern University. He has also been a faculty member at the DePaul, University of Illinois, and University of Arkansas law schools, and a visiting professor at the Duke, University of Georgia, University of Indiana, Denver University, and University of Melbourne law schools. As an educator, he has been an advocate for experiential learning, including greater emphasis on helping law students develop skills relating to counseling, problem-solving, negotiation, drafting, advocacy, civic engagement, pro bono service, legal ethics, and professionalism. He has emphasized diversity and community outreach and important institutional missions in higher education and legal education.
Smolla is a nationally-known scholar on matters relating to constitutional law, civil rights, freedom of speech, and mass media, particularly matters relating to libel and privacy. He is the author of five multi-volume legal treatises, all published by Thomson Reuters, which are updated twice annually: Law of Defamation; Smolla and Nimmer on Freedom of Speech; Rights and Liabilities in Media Content, Internet, Broadcast, and Print; Federal Civil Rights Acts; and, Law of Lawyer Advertising. He is also author of The First Amendment: Freedom of Expression, Regulation of Mass Media, Freedom of Religion (Carolina Academic Press 1999) (a law school casebook); and co-author of Constitutional Law: Structure and Rights in Our Federal System (6th Edition, 2010, with Dean William Banks). He is the editor each year of the First Amendment Law Handbook, published annually by Thomson Reuters. He was also editor of The Copyright Law Anthology published by Thomson Reuters. He is also the author of may trade and university press books, including Suing the Press: Libel, the Media, and Power (Oxford University Press 1986) (won ABA Silver Gavel Award Certificate of Merit); Jerry Falwell v. Larry Flynt: The First Amendment on Trial (St. Martin's Press 1988); Free Speech in an Open Society (Alfred A. Knopf 1992) (winner of the William O. Douglas Award); Deliberate Intent: A Lawyer Tells the True Story of Murder by the Book (Crown Publishers 1999) (made into a television movie by FX, with Timothy Hutton playing the role of Rod Smolla); The Constitution Goes to College (New York University Press 2010). He was editor of A Year in the Life of the Supreme Court (Duke University Press 1995) (won ABA Civil Gavel Award). Smolla has published over 100 articles in law reviews and other publications.
Smolla has served as Chairman of the Association of American Law Schools Section on Defamation and Privacy Law, as Chairman of the Association of American Law Schools Section on Mass Communications Law, as a member of the American Bar Association Advisory Committee to the Forum on Mass Communications Law, and as a member of the First Amendment Advisory Board to the Media Institute, as the Director of the Annenberg Washington Program Libel Reform Project, and author of the Annenberg Libel Reform Report that emerged from the blue ribbon task force on that project. He served as a Director of the Media General Corporation, and as a Director of the American Arbitration Association. In 2011, he was appointed by Governor Nikki Haley to serve as a Commissioner on the South Carolina Commission of Higher Education, which included within its mission the oversight of all of South Carolina's public universities and colleges, and licensure and programmatic approval for all public and private educational programs within the state.
Smolla has been and remains an active litigator. He has participated as counsel or co-counsel in litigation matters in state and federal courts throughout the nation, and is a frequent advocate, having presented oral argument in numerous state and federal courts, including the Supreme Court of the United States.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Attorney, Public Citizen Litigation Group
Paul Alan Levy is an attorney with the Public Citizen Litigation Group, a public interest law firm that is a division of the consumer advocacy organization Public Citizen. Among the issues on which the group litigates are federal health and safety regulation, consumer litigation, open government, union democracy, separation of powers, and the First Amendment. PCLG litigates cases at all levels of the federal and state judiciaries and has a substantial practice before federal regulatory agencies.
After working as a law clerk to Honorable Wade H. McCree, Jr. (United States Court of Appeals, Sixth Circuit) and Special Assistant to Solicitor General McCree, Paul joined the Litigation Group in December 1977 to represent workers in rank-and-file labor law cases, largely representing dissident union members in cases involving union governance. He has been there ever since, with the exception of a one-year sabbatical when he taught at Cardozo Law School. Over the years, he also developed subspecialties in some arcane issues of federal procedure such as removal jurisdiction, and the representation of "lawyers in trouble" from sanctions, contempt findings and the like (these days, though, as a defense lawyer, he files sanctions motions). He also pioneered Public Citizen's work on federal preemption of state law claims and objecting to collusive class action settlements.
He has argued scores of cases in United States Court of Appeals (three en banc). Moreover, he has argued four cases in Supreme Court of the United States, as well as writing briefs for parties in seven other cases. One odd aspect of his Supreme Court practice is that each of these eleven cases was decided 9-0 – win or lose.
Paul has specialized more recently in free speech issues arising on the Internet. He has litigated cases in state and federal courts throughout the country about the identification of anonymous Internet speakers. His amicus curiae brief in Dendrite v. Doe, whose approach was adopted by New Jersey's Superior Court Appellate Division, has become the model for other cases. His Internet practice also includes the defense of trademark and copyright claims brought as a means of suppressing critical web sites. His cases in this area, such as Bosley Medical v. Kremer and Lamparello v. Falwell, have established the right to create internet “gripe" sites that include the trademark names of companies in their domain names and meta tags. In Smith v. Wal-Mart Stores and McCall v. National Security Agency, he defended the rights of parodists to make fun of Wal-Mart's trademarks and the seals of the NSA and Department of Homeland Security. In arguing against the issuance of prior restraints in Bank Julius Baer v. Wikileaks, he had the key insight that the case had been filed without subject matter jurisdiction. For several years, Paul chaired subcommittees (on domain name litigation or on keyword advertising) of the American Bar Association's Intellectual Property Section. He currently serves on the Legal Review Committee of the American Civil Liberties Union of the District of Columbia.
A description of his work in this area was published in the Washingtonian Magazine as “Paul Levy, the Web Bully's Worst Enemy." It is accessible at http://www.washingtonian.com/articles/people/paul-levy-the-web-bullys-worst-enemy/. His work was also recently described in Hill, Stars and Gripes: Legal challenges over online reviews seek to separate fact from fiction, ABA Journal (July 2016), available at http://www.abajournal.com/magazine/article/legal_challenges_over_online_reviews_seek_to_separate_fact_from_fiction.
Partner, Clare Locke LLP
Libby is one of the country’s most sought-after libel lawyers. She is a trusted counselor and fierce advocate for Fortune 100 companies and high-profile individuals facing existential reputational attacks from the national media and other influential publishers, achieving remarkable results for her clients both in and outside the courtroom. Court watchers have called her “as good as they get,” “aggressive and not afraid to litigate,” and someone who has the media savvy to handle high profile matters in the public eye.
After co-founding Clare Locke LLP in 2014, Libby rapidly rose to national prominence for a highly-publicized multi-million dollar trial victory against Rolling Stone magazine about a fabricated gang rape at a University of Virginia fraternity. In 2019, she was lead trial counsel and won a $26 million federal jury verdict on behalf of a successful North Carolina businessman who was defamed by a public company during a proxy fight. A commentator opined that “she was excellent in trial and she eviscerated the other side,” and the federal judge concluded that her vigorous cross-examination “exposed [Defendant’s] CEO as a non-credible witness.” A skilled appellate advocate and former federal circuit clerk, in 2019 Libby achieved a rare win against The New York Times on behalf of former Gov. Sarah Palin in the U.S. Court of Appeals for the Second Circuit arising out of a false and defamatory editorial. She is actively litigating matters against a variety of mainstream news outlets, including CNN and The New York Times.
Libby’s success in the courtroom gets her results in the newsroom. She regularly advises clients and their PR counsel in dealing with the national media in crisis situations, and some of her biggest wins are the false stories the public will never hear about. She has killed flawed articles, storylines, and broadcast segments in outlets including in The New York Times, The Washington Post, Vanity Fair, The National Enquirer, and on Bloomberg, CBS and The Dr. Oz Show. Libby has also vindicated her clients’ reputations by obtaining myriad retractions of false publications. Examples include securing a $3.375 million settlement and video apology from the Southern Poverty Law Center, a complete retraction of a Bloomberg podcast, a multi-article correction from The Chicago Tribune, and the removal of a paperback edition book from publication by Simon & Schuster.
Recognized as an expert in libel law and the First Amendment, Libby has been ranked as a Band 1 global defamation/reputation management provider in Chambers & Partners HNW directory every year since its inception in 2016, and a Band 1 First Amendment Litigator in Chambers & Partners USA in 2020. She has numerous national awards and accolades from the National Law Journal, including being named as one of D.C.’s 40 Under 40 in 2019. She is regularly asked to speak on issues involving the First Amendment, media, and reputation, including publishing multiple op-eds in The Wall Street Journal and appearing as a guest on Fox News, CNN, and ABC’s 20/20. Libby has also served as an adjunct professor at Georgetown University Law Center and George Washington University Law School.
Libby graduated from NYU’s College of Arts and Science with a degree in Politics and Economics, and she received her J.D. from Georgetown University Law Center. After law school, she clerked on the U.S. Court of Appeals for the Fifth Circuit, and then began her career in private practice at Kirkland & Ellis. Perhaps the accomplishment of which she is most proud, Libby is a mom of five. She lives in Alexandria, Virginia with her husband and law partner, Tom Clare, their children, and the world’s most spoiled Labrador Retriever, Gipper.
Judge, United States Court of Appeals, Fifth Circuit
Judge Smith was appointed U.S. Circuit Judge for the Fifth Circuit by President Reagan and entered on duty in January 1988. He attended public schools in Lubbock, Texas, and graduated from Yale University, receiving a B.A. in 1969 and a J.D. in 1972.
Judge Smith was a Law Clerk to U.S. District Judge Halbert Woodward, Northern District of Texas, 1972-1973; with the Houston law firm of Fulbright & Jaworski as an Associate, 1973-1981, and as Partner, 1981-1984; and as City Attorney, City of Houston, 1984-1988. He was Chairman, Civil Service Commission, City of Houston, 1982-1984; and a Director, Harris County Housing Authority, 1978-1980.
Judge Smith lives in Houston and is married to Mary Jane Smith and has four children: Ruth Ann, Clark, J.J., and Brandon. He formerly was Chair of the Advisory Committee on Federal Rules of Evidence of the Judicial Conference of the United States. He assists LexisNexis/Matthew Bender & Co. in periodic revisions of several chapters of Moore’s Federal Practice.
Dean and Professor of Law, Widener University Delaware School of Law
Rod Smolla is Dean and Professor of Law at the Delaware Law School of Widener University, in Wilmington, Delaware. He was previously the 11th President of Furman University, in Greenville, South Carolina, the Dean of the Law School at Washington and Lee University Law School, the Dean of the University of Richmond Law School, the Director of the Institute of Bill of Rights Law at the College of William and Mary, and Senior Fellow and Project Director of the Washington Annenberg Program of Northwestern University. He has also been a faculty member at the DePaul, University of Illinois, and University of Arkansas law schools, and a visiting professor at the Duke, University of Georgia, University of Indiana, Denver University, and University of Melbourne law schools. As an educator, he has been an advocate for experiential learning, including greater emphasis on helping law students develop skills relating to counseling, problem-solving, negotiation, drafting, advocacy, civic engagement, pro bono service, legal ethics, and professionalism. He has emphasized diversity and community outreach and important institutional missions in higher education and legal education.
Smolla is a nationally-known scholar on matters relating to constitutional law, civil rights, freedom of speech, and mass media, particularly matters relating to libel and privacy. He is the author of five multi-volume legal treatises, all published by Thomson Reuters, which are updated twice annually: Law of Defamation; Smolla and Nimmer on Freedom of Speech; Rights and Liabilities in Media Content, Internet, Broadcast, and Print; Federal Civil Rights Acts; and, Law of Lawyer Advertising. He is also author of The First Amendment: Freedom of Expression, Regulation of Mass Media, Freedom of Religion (Carolina Academic Press 1999) (a law school casebook); and co-author of Constitutional Law: Structure and Rights in Our Federal System (6th Edition, 2010, with Dean William Banks). He is the editor each year of the First Amendment Law Handbook, published annually by Thomson Reuters. He was also editor of The Copyright Law Anthology published by Thomson Reuters. He is also the author of may trade and university press books, including Suing the Press: Libel, the Media, and Power (Oxford University Press 1986) (won ABA Silver Gavel Award Certificate of Merit); Jerry Falwell v. Larry Flynt: The First Amendment on Trial (St. Martin's Press 1988); Free Speech in an Open Society (Alfred A. Knopf 1992) (winner of the William O. Douglas Award); Deliberate Intent: A Lawyer Tells the True Story of Murder by the Book (Crown Publishers 1999) (made into a television movie by FX, with Timothy Hutton playing the role of Rod Smolla); The Constitution Goes to College (New York University Press 2010). He was editor of A Year in the Life of the Supreme Court (Duke University Press 1995) (won ABA Civil Gavel Award). Smolla has published over 100 articles in law reviews and other publications.
Smolla has served as Chairman of the Association of American Law Schools Section on Defamation and Privacy Law, as Chairman of the Association of American Law Schools Section on Mass Communications Law, as a member of the American Bar Association Advisory Committee to the Forum on Mass Communications Law, and as a member of the First Amendment Advisory Board to the Media Institute, as the Director of the Annenberg Washington Program Libel Reform Project, and author of the Annenberg Libel Reform Report that emerged from the blue ribbon task force on that project. He served as a Director of the Media General Corporation, and as a Director of the American Arbitration Association. In 2011, he was appointed by Governor Nikki Haley to serve as a Commissioner on the South Carolina Commission of Higher Education, which included within its mission the oversight of all of South Carolina's public universities and colleges, and licensure and programmatic approval for all public and private educational programs within the state.
Smolla has been and remains an active litigator. He has participated as counsel or co-counsel in litigation matters in state and federal courts throughout the nation, and is a frequent advocate, having presented oral argument in numerous state and federal courts, including the Supreme Court of the United States.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Associate Attorney, Gibson Dunn
David Casazza is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Appellate and Constitutional Law, and Administrative Law and Regulatory Practice groups.
Mr. Casazza has represented clients in appellate and regulatory litigation before the Supreme Court of the United States, federal appellate courts, and federal district courts. These cases have involved a wide range of subjects including separation of powers, federal rulemaking challenges, data privacy protections, anti-terrorism claims and foreign sovereign immunity, energy infrastructure permitting, and a variety of First Amendment speech and religious liberty claims. He has also represented clients in complex litigation, obtaining dismissal with prejudice of consumer class actions attacking major brand names. He has been named by Best Lawyers as a 2021 and 2022 “One to Watch” in Appellate Practice.
He graduated magna cum laude from Harvard Law School, where he served as a Managing Editor for the Harvard Journal of Law and Public Policy and as Executive Vice President of the Harvard Federalist Society. Mr. Casazza received an A.B. magna cum laude in history from Princeton and an M.A. in history from the Johns Hopkins University.
Mr. Casazza served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and for Judge Jennifer Walker Elrod on the United States Court of Appeals for the Fifth Circuit.
He is a member of the bars of New York and the District of Columbia and is admitted to practice in the United States Courts of Appeals for the Third, Fourth, Fifth, and Ninth Circuits and in the United States District Court for the District of Columbia.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Clerk, US Court of Appeals for the Eight Circuit
Shiva Logarajah is a J.D. Candidate at Columbia Law School and serves as the 2017 National Student Symposium Chair.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Clerk, US Court of Appeals for the Eight Circuit
Shiva Logarajah is a J.D. Candidate at Columbia Law School and serves as the 2017 National Student Symposium Chair.
Executive Vice President for University Life; Herbert and Doris, Columbia Law School
Suzanne Goldberg, one of the country’s foremost experts on gender and sexuality law and a leading advocate for the LGBTQ community, serves as the Herbert and Doris Wechsler Clinical Professor of Law. She also leads the Law School’s Center for Gender and Sexuality Law and its Sexuality and Gender Law Clinic.
Goldberg joined the Law School’s full-time faculty in 2006. She previously served on the faculties of Rutgers School of Law–Newark and Fordham Law School. In private practice, Goldberg served as a senior staff attorney at Lambda Legal, the country’s first legal organization focused on achieving full equality for lesbian and gay people. During her time at Lambda, she served as co-counsel for the defendants in the landmark U.S. Supreme Court case Lawrence v. Texas.
In 2015, Goldberg was appointed to serve as Columbia University’s first executive vice president for university life. In this role, she works to reinforce and broaden the university’s commitment to respect, inclusion, and ethical leadership among students, faculty, and administrators. Goldberg is a frequent commentator and analyst for news media on sexuality and gender law, and on discrimination law and litigation issues. Her commentary has been featured on 20/20, CNN, and other national television networks, as well as on radio and news outlets around the world.
Goldberg graduated with honors from Brown University, and went on to serve as a Fulbright Fellow at the National University of Singapore. She earned her J.D. at Harvard Law School and later clerked for Justice Marie Garibaldi of the New Jersey Supreme Court. Goldberg is a recipient of the Law School’s Willis L.M. Reese Prize for Excellence in Teaching.
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, United States Court of Appeals, Third Circuit
Judge Hardiman was appointed to the United States Court of Appeals for the Third Circuit on January 9, 2007 and was confirmed by the Senate (95-0) on March 15, 2007. Prior to becoming an appellate judge, Judge Hardiman served as a trial judge on the United States District Court for the Western District of Pennsylvania as of November 1, 2003. In 2008, Chief Justice John Roberts appointed Judge Hardiman to the Information Technology Committee of the Judicial Conference of the United States. Judge Hardiman was appointed Chairman of the IT Committee in 2013 and served in that capacity until September 2021. In 2021 he was appointed by the Director of the Administrative Office of the United States Courts to serve as Chair of the Judiciary IT Security Task Force, which completed its work in fall 2023. Chief Justice Roberts appointed Judge Hardiman to the Board of the Federal Judicial Center to serve from March 2020 until March 2024. As part of his work with the Center, Judge Hardiman now serves as Editor in Chief for the Manual for Complex Civil Litigation, Fifth.
Before entering judicial service, Judge Hardiman handled a wide variety of litigation matters in state and federal trial and appellate courts as a partner at Reed Smith LLP (1999-2003), a partner at Titus & McConomy LLP (1996-1999), and as an associate with its predecessor firm, Cindrich & Titus (1992-1996). Judge Hardiman began his legal career as an associate in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom (1990-1992).
A 1987 honors graduate of the University of Notre Dame, Judge Hardiman received his law degree in 1990 from the Georgetown University Law Center, where he served as a Notes and Comments Editor on the Georgetown Law Journal. In 2012, Judge Hardiman was elected as a member of the American Law Institute and was elected to its Council in 2019 and its Executive Committee in 2025. Judge Hardiman regularly teaches a seminar on Advanced Constitutional Law at Duquesne University School of Law and a one-week course entitled “Constitutional Law: the First and Second Amendments” at Georgetown University Law Center.
A native of Waltham, Massachusetts, Judge Hardiman has chambers in Pittsburgh, Pennsylvania. He and his wife Lori married in 1992 and have three children.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
Robert Post is Dean and Sol & Lillian Goldman Professor of Law at Yale Law School. Before coming to Yale, he taught at the University of California at Berkeley School of Law. Dean Post’s subject areas are constitutional law, First Amendment, legal history, and equal protection. He has written and edited numerous books, including Citizens Divided: A Constitutional Theory of Campaign Finance Reform (2014), which was originally delivered as the Tanner Lectures at Harvard in 2013. Other books include, Democracy, Expertise, Academic Freedom: A First Amendment Jurisprudence for the Modern State (2012); For the Common Good: Principles of American Academic Freedom (with Matthew M. Finkin, 2009); Prejudicial Appearances: The Logic of American Antidiscrimination Law (with K. Anthony Appiah, Judith Butler, Thomas C. Grey & Reva Siegel, 2001); and Constitutional Domains: Democracy, Community, Management (1995).
He publishes regularly in legal journals and other publications; recent articles and chapters include “Theorizing Disagreement: Reconceiving the Relationship Between Law and Politics” (California Law Review, 2010); “Constructing the European Polity: ERTA and the Open Skies Judgments” in The Past and Future of EU Law: The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty (Miguel Poiares Maduro & Loïc Azuolai eds., 2010); “Roe Rage: Democratic Constitutionalism and Backlash” (with Reva Siegel, Harvard Civil-Rights Civil-Liberties Law Review, 2007); “Federalism, Positive Law, and the Emergence of the American Administrative State: Prohibition in the Taft Court Era” (William & Mary Law Review, 2006); “Foreword: Fashioning the Legal Constitution: Culture, Courts, and Law” (Harvard Law Review, 2003); and “Subsidized Speech” (Yale Law Journal, 1996). He is a member of the American Philosophical Society and the American Law Institute and a fellow of the American Academy of Arts and Sciences. He is a former member of the Board of Directors of the American Constitution Society.
Executive Vice President for University Life; Herbert and Doris, Columbia Law School
Suzanne Goldberg, one of the country’s foremost experts on gender and sexuality law and a leading advocate for the LGBTQ community, serves as the Herbert and Doris Wechsler Clinical Professor of Law. She also leads the Law School’s Center for Gender and Sexuality Law and its Sexuality and Gender Law Clinic.
Goldberg joined the Law School’s full-time faculty in 2006. She previously served on the faculties of Rutgers School of Law–Newark and Fordham Law School. In private practice, Goldberg served as a senior staff attorney at Lambda Legal, the country’s first legal organization focused on achieving full equality for lesbian and gay people. During her time at Lambda, she served as co-counsel for the defendants in the landmark U.S. Supreme Court case Lawrence v. Texas.
In 2015, Goldberg was appointed to serve as Columbia University’s first executive vice president for university life. In this role, she works to reinforce and broaden the university’s commitment to respect, inclusion, and ethical leadership among students, faculty, and administrators. Goldberg is a frequent commentator and analyst for news media on sexuality and gender law, and on discrimination law and litigation issues. Her commentary has been featured on 20/20, CNN, and other national television networks, as well as on radio and news outlets around the world.
Goldberg graduated with honors from Brown University, and went on to serve as a Fulbright Fellow at the National University of Singapore. She earned her J.D. at Harvard Law School and later clerked for Justice Marie Garibaldi of the New Jersey Supreme Court. Goldberg is a recipient of the Law School’s Willis L.M. Reese Prize for Excellence in Teaching.
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, United States Court of Appeals, Third Circuit
Judge Hardiman was appointed to the United States Court of Appeals for the Third Circuit on January 9, 2007 and was confirmed by the Senate (95-0) on March 15, 2007. Prior to becoming an appellate judge, Judge Hardiman served as a trial judge on the United States District Court for the Western District of Pennsylvania as of November 1, 2003. In 2008, Chief Justice John Roberts appointed Judge Hardiman to the Information Technology Committee of the Judicial Conference of the United States. Judge Hardiman was appointed Chairman of the IT Committee in 2013 and served in that capacity until September 2021. In 2021 he was appointed by the Director of the Administrative Office of the United States Courts to serve as Chair of the Judiciary IT Security Task Force, which completed its work in fall 2023. Chief Justice Roberts appointed Judge Hardiman to the Board of the Federal Judicial Center to serve from March 2020 until March 2024. As part of his work with the Center, Judge Hardiman now serves as Editor in Chief for the Manual for Complex Civil Litigation, Fifth.
Before entering judicial service, Judge Hardiman handled a wide variety of litigation matters in state and federal trial and appellate courts as a partner at Reed Smith LLP (1999-2003), a partner at Titus & McConomy LLP (1996-1999), and as an associate with its predecessor firm, Cindrich & Titus (1992-1996). Judge Hardiman began his legal career as an associate in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom (1990-1992).
A 1987 honors graduate of the University of Notre Dame, Judge Hardiman received his law degree in 1990 from the Georgetown University Law Center, where he served as a Notes and Comments Editor on the Georgetown Law Journal. In 2012, Judge Hardiman was elected as a member of the American Law Institute and was elected to its Council in 2019 and its Executive Committee in 2025. Judge Hardiman regularly teaches a seminar on Advanced Constitutional Law at Duquesne University School of Law and a one-week course entitled “Constitutional Law: the First and Second Amendments” at Georgetown University Law Center.
A native of Waltham, Massachusetts, Judge Hardiman has chambers in Pittsburgh, Pennsylvania. He and his wife Lori married in 1992 and have three children.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
Robert Post is Dean and Sol & Lillian Goldman Professor of Law at Yale Law School. Before coming to Yale, he taught at the University of California at Berkeley School of Law. Dean Post’s subject areas are constitutional law, First Amendment, legal history, and equal protection. He has written and edited numerous books, including Citizens Divided: A Constitutional Theory of Campaign Finance Reform (2014), which was originally delivered as the Tanner Lectures at Harvard in 2013. Other books include, Democracy, Expertise, Academic Freedom: A First Amendment Jurisprudence for the Modern State (2012); For the Common Good: Principles of American Academic Freedom (with Matthew M. Finkin, 2009); Prejudicial Appearances: The Logic of American Antidiscrimination Law (with K. Anthony Appiah, Judith Butler, Thomas C. Grey & Reva Siegel, 2001); and Constitutional Domains: Democracy, Community, Management (1995).
He publishes regularly in legal journals and other publications; recent articles and chapters include “Theorizing Disagreement: Reconceiving the Relationship Between Law and Politics” (California Law Review, 2010); “Constructing the European Polity: ERTA and the Open Skies Judgments” in The Past and Future of EU Law: The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty (Miguel Poiares Maduro & Loïc Azuolai eds., 2010); “Roe Rage: Democratic Constitutionalism and Backlash” (with Reva Siegel, Harvard Civil-Rights Civil-Liberties Law Review, 2007); “Federalism, Positive Law, and the Emergence of the American Administrative State: Prohibition in the Taft Court Era” (William & Mary Law Review, 2006); “Foreword: Fashioning the Legal Constitution: Culture, Courts, and Law” (Harvard Law Review, 2003); and “Subsidized Speech” (Yale Law Journal, 1996). He is a member of the American Philosophical Society and the American Law Institute and a fellow of the American Academy of Arts and Sciences. He is a former member of the Board of Directors of the American Constitution Society.
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Panel 4: Universities and the First Amendment
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