Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Inez Milholland Professor of Civil Liberties, New York University School of Law
Burt Neuborne is the Inez Milholland Professor of Civil Liberties and founding Legal Director of the Brennan Center for Justice at NYU Law School. For 45 years, he has been one of the nation's foremost civil liberties lawyers, serving as National Legal Director of the ACLU from 1981-86, Special Counsel to the NOW Legal Defense and Education Fund from 1990-1996, and as a member of the New York City Human Rights Commission from 1988-1992. He has argued numerous Supreme Court cases, and has litigated literally hundreds of important constitutional cases in the state and federal courts. He challenged the constitutionality of the Vietnam War, pioneered the flag burning cases, worked on the Pentagon Papers case, worked with Justice Ruth Bader Ginsburg when she headed the ACLU Women's Rights Project, anchored the ACLU's legal program during the Reagan years, and defended the Legal Services program against unconstitutional attacks. He currently directs the legal program of the Brennan Center, especially its efforts to reinforce American democracy and secure campaign finance reform. The Brennan Center was established in 1994 to honor Justice William Brennan, Jr.’s monumental contribution to American Law.
At the same time, Professor Neuborne has forged a national reputation as a constitutional scholar and teacher. In 1990, he was the recipient of the University-wide Distinguished Teacher Award at New York University for his work in teaching Civil Procedure, Evidence, Federal Courts and Constitutional Law. He is the author of three books and over 20 law review articles on diverse areas of constitutional law and procedure. Among his best known scholarly works is the two-volume Political and Civil Rights in the United States, which he co-authored with NYU colleagues Norman Dorsen and Sylvia Law and the Deputy Solicitor General of the United States, Paul Bender. His 1992 lectures on American law at Universitat Pompeu Fabra in Barcelona have been translated and published in Spanish. In 2001, in recognition of his scholarship and his work in the courts, Professor Neuborne was elected to membership in the American Academy of Arts and Sciences.
In 1996, Professor Neuborne appeared as Jerry Falwell's lawyer in Milos Forman's The People v. Larry Flynt.
For the past 14 years, Professor Neuborne has served as a principal counsel in a series of lawsuits seeking to recover property unjustly taken from Holocaust victims by Swiss banks and German corporations during the Nazi era. The litigation has succeeded in assembling more than $8.5 billion for distribution to Holocaust victims and their families throughout the world. Professor Neuborne was appointed by the Court to oversee the $1.25 Swiss bank settlement, and was appointed by the United States to serve on the Board of Trustees of the German Foundation “Remembrance, Responsibility and Future,” established to distribute the $5.2 billion settlement in the German slave labor litigation.
Professor Neuborne is married to Helen Redleaf Neuborne.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Inez Milholland Professor of Civil Liberties, New York University School of Law
Burt Neuborne is the Inez Milholland Professor of Civil Liberties and founding Legal Director of the Brennan Center for Justice at NYU Law School. For 45 years, he has been one of the nation's foremost civil liberties lawyers, serving as National Legal Director of the ACLU from 1981-86, Special Counsel to the NOW Legal Defense and Education Fund from 1990-1996, and as a member of the New York City Human Rights Commission from 1988-1992. He has argued numerous Supreme Court cases, and has litigated literally hundreds of important constitutional cases in the state and federal courts. He challenged the constitutionality of the Vietnam War, pioneered the flag burning cases, worked on the Pentagon Papers case, worked with Justice Ruth Bader Ginsburg when she headed the ACLU Women's Rights Project, anchored the ACLU's legal program during the Reagan years, and defended the Legal Services program against unconstitutional attacks. He currently directs the legal program of the Brennan Center, especially its efforts to reinforce American democracy and secure campaign finance reform. The Brennan Center was established in 1994 to honor Justice William Brennan, Jr.’s monumental contribution to American Law.
At the same time, Professor Neuborne has forged a national reputation as a constitutional scholar and teacher. In 1990, he was the recipient of the University-wide Distinguished Teacher Award at New York University for his work in teaching Civil Procedure, Evidence, Federal Courts and Constitutional Law. He is the author of three books and over 20 law review articles on diverse areas of constitutional law and procedure. Among his best known scholarly works is the two-volume Political and Civil Rights in the United States, which he co-authored with NYU colleagues Norman Dorsen and Sylvia Law and the Deputy Solicitor General of the United States, Paul Bender. His 1992 lectures on American law at Universitat Pompeu Fabra in Barcelona have been translated and published in Spanish. In 2001, in recognition of his scholarship and his work in the courts, Professor Neuborne was elected to membership in the American Academy of Arts and Sciences.
In 1996, Professor Neuborne appeared as Jerry Falwell's lawyer in Milos Forman's The People v. Larry Flynt.
For the past 14 years, Professor Neuborne has served as a principal counsel in a series of lawsuits seeking to recover property unjustly taken from Holocaust victims by Swiss banks and German corporations during the Nazi era. The litigation has succeeded in assembling more than $8.5 billion for distribution to Holocaust victims and their families throughout the world. Professor Neuborne was appointed by the Court to oversee the $1.25 Swiss bank settlement, and was appointed by the United States to serve on the Board of Trustees of the German Foundation “Remembrance, Responsibility and Future,” established to distribute the $5.2 billion settlement in the German slave labor litigation.
Professor Neuborne is married to Helen Redleaf Neuborne.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
Supreme Court Correspondent, The Washington Post
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined the paper to cover Maryland politics, and has served in various editing positions including metropolitan editor and national political editor . He has covered the Supreme Court since November 2006. He gave up law school plans for a life in newspapers after taking a journalism class in college. It did not occur to him, as it apparently did to others, that he could do both.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Partner (retd.), Foley & Lardner LLP
Cleta Mitchell was a partner and political law attorney in the Washington, D.C. office of Foley & Lardner LLP and a member of the firm’s Political Law Practice. With more than 40 years of experience in law, politics and public policy, Ms. Mitchell advised nonprofit and issue organizations, corporations, candidates, campaigns, and individuals on state and federal campaign finance law, election law, and compliance issues related to lobbying, ethics and financial disclosure. Ms. Mitchell practiced before the Federal Election Commission, the ethics committees of the US House and Senate and similar state and local enforcement bodies and agencies.
Ms. Mitchell has extensive experience on the federal lobbying and ethics law enacted by Congress in 2007, having taught dozens of seminars on the subject since its passage. In 2008, Ms. Mitchell authored The Lobbying Compliance Handbook, published by Columbia Books, Inc.
Ms. Mitchell represented numerous candidates, campaigns and members of Congress, as well as state and national political party committees. She has served as legal counsel to the National Republican Senatorial Committee and the National Republican Congressional Committee. Ms. Mitchell served as co-counsel for the National Rifle Association in the Supreme Court case involving the 2002 federal campaign finance law.
Ms. Mitchell has testified before Congress on numerous occasions related to election law, campaign finance and lobbying and ethics laws, and is a frequent speaker and guest commentator on political law. In 1999, she authored "The Rise of America’s Two National Pastimes: Baseball and the Law," published by the University of Michigan Law Review, and in 2012, Ms. Mitchell authored “Donor Disclosure: Undermining The First Amendment,” published by the Minnesota Law Review. In 2013, she was interviewed by The Wall Street Journal, “How to Investigate the IRS.”
Ms. Mitchell served on the advisory council to the American Bar Association’s Standing Committee on Election Law and as an advisor on the American Law Institute's Election Law Project entitled, “Principles of Election Law: Dispute Resolution.” She serves on the board of directors of the Lynde and Harry Bradley Foundation, is chairman of the American Conservative Union Foundation, and has served as the president of the Republican National Lawyers Association.
Ms. Mitchell was a member of the Oklahoma House of Representatives from 1976-1984 where she chaired the House Appropriations and Budget Committee. She served on the executive committee of the National Conference of State Legislatures.
Ms. Mitchell was in private law practice in Oklahoma City in litigation and administrative law until 1991 when she became director and general counsel of the Term Limits Legal Institute in Washington, D.C. She litigated cases in state and federal courts nationwide on congressional term limits and served as co-counsel with former U.S. Attorney General Griffin Bell in the Supreme Court of the United States case on term limits for members of Congress.
Ms. Mitchell earned both her B.A., magna cum laude, and J.D. from the University of Oklahoma.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.
Fox Family Pavilion Distinguished Scholar in Residence, University of Pennsylvania
MARCI A. HAMILTON is a Fox Family Pavilion Distinguished Scholar in Residence in the Program for Research on Religion and Urban Civil Society at the University of Pennsylvania. She is also the founder, CEO, and Academic Director of CHILD USA, www.childusa.org, a 501(c)(3) nonprofit academic think tank at the University of Pennsylvania dedicated to interdisciplinary, evidence-based research to prevent child abuse and neglect. Before joining the program on religion at Penn, Professor Hamilton was the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, Yeshiva University.
Hamilton is the leading public intellectual critic of extreme religious liberty and its impact on vulnerable populations including children, LGBTQ, and women. The author of God vs. the Gavel: The Perils of Extreme Religious Liberty (Cambridge University Press), which was nominated for a Pulitzer Prize, she is also a columnist for Verdict on Justia.com. Hamilton successfully challenged the constitutionality of the Religious Freedom Restoration Act (“RFRA”) at the Supreme Court in Boerne v. Flores (1997), and defeated the RFRA claim brought by the Archdiocese of Milwaukee against hundreds of child sex abuse survivors in Committee of Unsecured Creditors v. Listecki (7th Cir. 2015).
Drawing on her experience studying and advising in cases involving clergy sex abuse, Hamilton is the leading expert on child sex abuse statutes of limitations and has submitted testimony and advised legislators in every state where significant reform has occurred. She is the author of Justice Denied: What America Must Do to Protect Its Children (Cambridge University Press), which advocates for the elimination of child sex abuse statutes of limitations. She has also filed countless pro bono amicus briefs for the protection of children at the United States Supreme Court and the state supreme courts. Her textbook, Children and the Law, co-authored with Martin Gardner, will be published Fall 2017 by Carolina Academic Press, formerly Lexis/Nexis.
Hamilton clerked for United States Supreme Court Justice Sandra Day O’Connor and Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit.
Hamilton has been honored with the 2016 Voice Today, Voice of Gratitude Award; the 2015 Religious Liberty Award, American Humanist Association; the 2014 Freethought Heroine Award; the National Crime Victim Bar Association’s Frank Carrington Champion of Civil Justice Award, 2012; the E. Nathaniel Gates Award for outstanding public advocacy and scholarship, 2008; and selected as a Pennsylvania Woman of the Year Award, 2012, among others. She is also frequently quoted in the national media on RFRA, RLUIPA, First Amendment, clergy sex abuse, and statute of limitations issues.
Professor Hamilton is a graduate of Vanderbilt University, B.A., summa cum laude; Pennsylvania State University, M.A. (English, fiction writing, High Honors); M.A. (Philosophy); and the University of Pennsylvania School of Law, J.D., magna cum laude, where she served as Editor-in-Chief of the University of Pennsylvania Law Review. She is a member of Phi Beta Kappa and Order of the Coif.
Chairman and President, The Becket Fund for Religious Liberty
Kevin J. "Seamus" Hasson is Founder and President of The Becket Fund for Religious Liberty, a bipartisan, public-interest law firm that protects the free expression of all religious traditions. Since 1994, Hasson and the Becket Fund have successfully represented clients from nearly every faith tradition including Christians, Jews, Muslims, Buddhists, Sikhs, Hindus, Native Americans, Unitarians and Zoroastrians. Along the way, The Becket Fund has won kudos from thinkers from Pope John Paul II to Elie Wiesel.
Hasson enjoys broad credibility in the national media. He has been widely quoted, appearing for example, in Newsweek, US News and World Report, The New York Times, The Washington Post, The Wall Street Journal, The Christian Science Monitor and USA Today, as well as in regional media from The L.A. Times to The Chicago Tribune to The Philadelphia Enquirer. He has appeared on broadcast news programs including The Today Show, Dateline NBC, McLaughlin One on One, NPR's Talk of the Nation, and CNN Talkback Live. He's also appeared twice on Al-Jazeera, debating Saudi clerics.
Hasson lectures and debates frequently, in venues ranging from Oxford to the Vatican, from Harvard to BYU. He is the author of The Right to be Wrong: Ending the Culture War over Religion in America.
Before founding the Becket Fund in 1994, Hasson was an attorney at Williams & Connolly in Washington D.C., where he focused on religious liberty litigation. From 1986 to 1987, he served in the Office of Legal Counsel at the Justice Department where he advised the White House and cabinet departments on church-state relations. He is a 1985 magna cum laude graduate of Notre Dame Law School and also holds a Master's degree in theology from Notre Dame.
Senior Judge, United States District Court for the Southern District of New York
Loretta A. Preska is a senior judge for the United States District Court for the Southern District of New York. She joined the court in 1992 after being nominated by President George H.W. Bush. Preska became the chief judge of the court in May of 2009 when Kimba Wood assumed senior status. She served as chief judge of the court for a seven-year term from 2009 to 2016, and took senior status in 2017.
Preska graduated from the College of St. Rose with her Bachelor's degree in 1970 and also graduated from Fordham Law with her Juris Doctor Degree in 1973. She graduated from NYU Law with her Master of Laws degree in 1978.
Fox Family Pavilion Distinguished Scholar in Residence, University of Pennsylvania
MARCI A. HAMILTON is a Fox Family Pavilion Distinguished Scholar in Residence in the Program for Research on Religion and Urban Civil Society at the University of Pennsylvania. She is also the founder, CEO, and Academic Director of CHILD USA, www.childusa.org, a 501(c)(3) nonprofit academic think tank at the University of Pennsylvania dedicated to interdisciplinary, evidence-based research to prevent child abuse and neglect. Before joining the program on religion at Penn, Professor Hamilton was the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, Yeshiva University.
Hamilton is the leading public intellectual critic of extreme religious liberty and its impact on vulnerable populations including children, LGBTQ, and women. The author of God vs. the Gavel: The Perils of Extreme Religious Liberty (Cambridge University Press), which was nominated for a Pulitzer Prize, she is also a columnist for Verdict on Justia.com. Hamilton successfully challenged the constitutionality of the Religious Freedom Restoration Act (“RFRA”) at the Supreme Court in Boerne v. Flores (1997), and defeated the RFRA claim brought by the Archdiocese of Milwaukee against hundreds of child sex abuse survivors in Committee of Unsecured Creditors v. Listecki (7th Cir. 2015).
Drawing on her experience studying and advising in cases involving clergy sex abuse, Hamilton is the leading expert on child sex abuse statutes of limitations and has submitted testimony and advised legislators in every state where significant reform has occurred. She is the author of Justice Denied: What America Must Do to Protect Its Children (Cambridge University Press), which advocates for the elimination of child sex abuse statutes of limitations. She has also filed countless pro bono amicus briefs for the protection of children at the United States Supreme Court and the state supreme courts. Her textbook, Children and the Law, co-authored with Martin Gardner, will be published Fall 2017 by Carolina Academic Press, formerly Lexis/Nexis.
Hamilton clerked for United States Supreme Court Justice Sandra Day O’Connor and Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit.
Hamilton has been honored with the 2016 Voice Today, Voice of Gratitude Award; the 2015 Religious Liberty Award, American Humanist Association; the 2014 Freethought Heroine Award; the National Crime Victim Bar Association’s Frank Carrington Champion of Civil Justice Award, 2012; the E. Nathaniel Gates Award for outstanding public advocacy and scholarship, 2008; and selected as a Pennsylvania Woman of the Year Award, 2012, among others. She is also frequently quoted in the national media on RFRA, RLUIPA, First Amendment, clergy sex abuse, and statute of limitations issues.
Professor Hamilton is a graduate of Vanderbilt University, B.A., summa cum laude; Pennsylvania State University, M.A. (English, fiction writing, High Honors); M.A. (Philosophy); and the University of Pennsylvania School of Law, J.D., magna cum laude, where she served as Editor-in-Chief of the University of Pennsylvania Law Review. She is a member of Phi Beta Kappa and Order of the Coif.
Chairman and President, The Becket Fund for Religious Liberty
Kevin J. "Seamus" Hasson is Founder and President of The Becket Fund for Religious Liberty, a bipartisan, public-interest law firm that protects the free expression of all religious traditions. Since 1994, Hasson and the Becket Fund have successfully represented clients from nearly every faith tradition including Christians, Jews, Muslims, Buddhists, Sikhs, Hindus, Native Americans, Unitarians and Zoroastrians. Along the way, The Becket Fund has won kudos from thinkers from Pope John Paul II to Elie Wiesel.
Hasson enjoys broad credibility in the national media. He has been widely quoted, appearing for example, in Newsweek, US News and World Report, The New York Times, The Washington Post, The Wall Street Journal, The Christian Science Monitor and USA Today, as well as in regional media from The L.A. Times to The Chicago Tribune to The Philadelphia Enquirer. He has appeared on broadcast news programs including The Today Show, Dateline NBC, McLaughlin One on One, NPR's Talk of the Nation, and CNN Talkback Live. He's also appeared twice on Al-Jazeera, debating Saudi clerics.
Hasson lectures and debates frequently, in venues ranging from Oxford to the Vatican, from Harvard to BYU. He is the author of The Right to be Wrong: Ending the Culture War over Religion in America.
Before founding the Becket Fund in 1994, Hasson was an attorney at Williams & Connolly in Washington D.C., where he focused on religious liberty litigation. From 1986 to 1987, he served in the Office of Legal Counsel at the Justice Department where he advised the White House and cabinet departments on church-state relations. He is a 1985 magna cum laude graduate of Notre Dame Law School and also holds a Master's degree in theology from Notre Dame.
Senior Judge, United States District Court for the Southern District of New York
Loretta A. Preska is a senior judge for the United States District Court for the Southern District of New York. She joined the court in 1992 after being nominated by President George H.W. Bush. Preska became the chief judge of the court in May of 2009 when Kimba Wood assumed senior status. She served as chief judge of the court for a seven-year term from 2009 to 2016, and took senior status in 2017.
Preska graduated from the College of St. Rose with her Bachelor's degree in 1970 and also graduated from Fordham Law with her Juris Doctor Degree in 1973. She graduated from NYU Law with her Master of Laws degree in 1978.
Executive Director of Advocacy, First Liberty Institute
Robert E. Scott Distinguished Professor of Law Emeritus, University of Virginia School of Law; Alice McKean Young Regents Chair in Law Emeritus, University of Texas
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for more than four decades at the University of Chicago, the University of Texas, the University of Michigan and the University of Virginia. He retired from teaching at UVA Law School in May 2023.
Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and has also filed influential amicus briefs. He is the author (co-author in the most recent edition) of the leading casebook Modern American Remedies, the award-winning monograph The Death of the Irreparable Injury Rule and many articles in leading law reviews. He co-edited a collection of essays, Same-Sex Marriage and Religious Liberty.
His many writings on religious liberty have been republished in a five-volume collection:
Laycock resigned from the council and as first vice president of the American Law Institute to become co-reporter for the Restatement (Third) of Torts: Remedies. He is a fellow of the American Academy of Arts and Sciences. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago.
Executive Director, Americans United for Separation of Church and State
Senior Legal Counsel, Alliance Defense fund
Dean and Professor of Law, University of Maryland Francis King Carey School of Law
Professor of Law and Political Science, International University of Rabat, Emory University School of Law
Gunn specializes in the study of human rights and the separation of church and state. He has written and edited more than 50 books and articles, including No Establishment of Religion: America’s Original Contribution to Religious Liberty (Oxford University Press, 2002), which he co-edited with CSLR Director John Witte, Jr., A Standard for Repair: The Establishment Clause, Equality, and Natural Rights (Routledge, 1992), and Spiritual Weapons: The Cold War and the Forging of an American National Religion (Praeger, 2008).
Gunn was previously Associate Professor in the School of Humanities and Social Sciences at Al Akhawayn University and served as a visiting professor at many institutions, including Franklin College, Peking University, and Université Aix-Marseille III. He served as a member of the Advisory Council on Freedom of Religion and Belief of the Office of Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE). He was also the executive director of the JFK Assassination Records Review Board and a senior fellow at the United States Institute of Peace.
Gunn holds a doctorate from Harvard University, a juris doctor from Boston University School of Law, a master of arts in humanities from the University of Chicago, and a bachelor of arts in international relations and humanities from Brigham Young University.
Senior Legal Counsel, Alliance Defense fund
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
Professor Emeritus, Santa Clara University School of Law
David D. Friedman is an academic economist with a doctorate in physics, retired from 23 years of teaching in a law school. His first book, The Machinery of Freedom: Guide to a Radical Capitalism, was published in 1973 and includes a description of how a society with property rights and without government might function. There, as elsewhere, he offers a consequentialist defense of libertarianism.
His most recent non-fiction book is Legal Systems Very Different from Ours, covering systems from Periclean Athens through modern Amish and Romany. He is also the author of three novels, one commercially published and two self-published, and, with his wife, a self-published medieval and renaissance cookbook and a larger self-published book related to their hobby of historical recreation. Most of his writing, including full text of most of his nonfiction books, and recordings of many of his talks can be found on his web page: www.daviddfriedman.com. His current work is available at https://daviddfriedman.substack.com/
His Substack posts covering a wide range of topics come out every three days; a list of past posts sorted by topic is on his web page. One current project is converting past posts on consequences of climate change into a book.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
David and Mary Harrison Distinguished Professor of Law Emeritus, University of Virginia School of Law
Lillian BeVier taught constitutional law (with special emphasis on First Amendment issues), intellectual property (trademark, copyright), real property and torts from 1973-2010 at the Law School, and now teaches a January Term course on judicial philosophy.
At Stanford Law School, BeVier was revising editor for the Stanford Law Review and a member of the Order of the Coif. Before coming to Virginia, she was associate professor of law at the University of Santa Clara Law School; practiced law with Spaeth Blase Valentine & Klein in Palo Alto, Calif.; served as research associate to Professor William F. Baxter at Stanford University Law School, working on the FAA-ABA study of the legal aspects of airport noise and the sonic boom; and was assistant to the general secretary and assistant staff legal counsel for Stanford University.
BeVier received the University of Virginia Alumni Association Distinguished Professor Award in 2006. The Raven Society elected her to membership in 1993 and honored her with the faculty award in 2010. She delivered the Henry Miller Memorial Lecture at Georgia State Law School in 2005, the Coen Memorial Lecture at the University of Colorado Law School in 2000, and the David C. Baum Lecture on Civil Rights and Civil Liberties at the University of Illinois Law School in 1996. In 1999, at the invitation of the Supreme Court Historical Society, she spoke to the Society on Free Expression in the Warren and Burger Courts. Suffolk University awarded her an honorary S.J.D. degree in 1998. In the fall of 2003, she was a visiting scholar at the National Constitution Center in Philadelphia.
Having been nominated by President Bush and confirmed by the Senate in 2003, she served as vice-chair of the Board of Directors of the Legal Services Corporation until 2009. She serves on the national Board of Visitors of the Federalist Society. Within the Charlottesville community, BeVier has served as chair of the Board of Trustees of St. Anne’s-Belfield School and of the Martha Jefferson Hospital. She is currently chair of the board of the Martha Jefferson Health Services Corporation and of Piedmont CASA (Court-Appointed Special Advocates).
John Paul Stevens Professor of Law, Northwestern University School of Law
Andrew Koppelman is John Paul Stevens Professor of Law, Professor (by courtesy) of Political Science, and Philosophy Department Affiliated Faculty at Northwestern University. He received the Walder Award for Research Excellence from Northwestern, the Hart-Dworkin award in legal philosophy from the Association of American Law Schools, and the Edward S. Corwin Prize from the American Political Science Association. His scholarship focuses on issues at the intersection of law and political philosophy. He has written more than 100 scholarly articles and eight books, most recently Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed, (St. Martin’s Press). His column appears regularly at The Hill. You can find his recent work at andrewkoppelman.com.
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
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).
Member, Caplin & Drysdale
Services
Mr. Birkenstock focuses on advising corporations, non-profit organizations, candidates, officeholders, and other clients in structuring new political efforts and administering their political, lobbying, and issue-advocacy projects. He also helps clients respond to controversies involving issues of political law such as alleged campaign finance improprieties, conflicts of interest, and real or perceived violations of other legal and ethical obligations.Highlights
While at the DNC, Mr. Birkenstock worked closely with the party's fundraisers and campaign staff to help ensure their compliance with the myriad of state and federal laws governing their activities. He took primary responsibility for responding to several investigations into Democratic Party fundraising following the 1996 presidential election. He also assisted in the litigation and public relations efforts surrounding the 2000 Florida recount and helped implement the DNC's transition to the McCain-Feingold campaign finance regime.
General Counsel, James Madison Center for Free Speech
Attorney Advisor, Office of the General Counsel, U.S. Department of Homeland Security
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Constitutional Interpretation & the Bill of Rights
Randy E. Barnett, Burt Neuborne, Diarmuid F. O'Scannlain
2009 National Lawyers Convention
Much has been written in the past 200 years on how to interpret the language...
Constitutional Interpretation & the Bill of Rights
Randy E. Barnett, Burt Neuborne, Diarmuid F. O'Scannlain
2009 National Lawyers Convention
Much has been written in the past 200 years on how to interpret the language...
Supreme Court October Term 2009: What Is in Store?
Robert Barnes, Walter E. Dellinger, Orin S. Kerr, Cleta Mitchell, Nicholas Quinn Rosenkranz, Gene C. Schaerr
October 5th marks the first day of the 2009 Supreme Court term. Thus far the...
The Elimination of Conscience Clauses: An Assault on Religious Liberty?
Marci A. Hamilton, Kevin J. Hasson, Loretta Preska
Fordham Student Chapter
The Federalist Society's Fordham Student Chapter presented this panel discussion on September 21, 2009, at Fordham...
The Elimination of Conscience Clauses: An Assault on Religious Liberty?
Marci A. Hamilton, Kevin J. Hasson, Loretta Preska
Fordham Student Chapter
The Federalist Society's Fordham Student Chapter presented this panel discussion on September 21, 2009, at Fordham...
Politics in the Pulpit
Benjamin W. Bull, Steffen N. Johnson, Douglas Laycock, Barry W. Lynn, Erik Stanley, Donald B. Tobin
Religious Liberties Practice Group and The Alliance Defense Fund
In 1954, Senator Lyndon B. Johnson of Texas introduced legislative language that changed the IRS...
What Place Does Religion Have in the Public Square?
T. Jeremy Gunn, Jeffrey Shafer
George Mason Student Chapter
The George Mason Student Chapter held this event on March 18, 2009. Speakers: Dr. Jeremy Gunn,...
The Constitution and the Importance of Interpretation: Original Meaning
John K. Bush, Allison Martens, Michael P. McDonald, Lynn Olympia, Charles Ziegler, David D. Friedman
Louisville Lawyers Chapter, The Alexander Hamilton Historical Society of Kentucky, and the League of Women Voters of Kentucky
The Louisville Lawyers Chapter co-sponsored this event with The Alexander Hamilton Historical Society of Kentucky...
Free Speech & Election Law: Freedom of Speech vs. Anti-Discrimination Laws
David Bernstein, Lillian R. BeVier, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh
2008 National Lawyers Convention
An employer is sued for hostile work environment harassment because it doesn't stop its employees...
Election Finance and 527s
Joseph M. Birkenstock, James Bopp, Reid Alan Cox, Bradley A. Smith, Scott E. Thomas
2008 Election Law Conference
On October 7, 2008, the Federalist Society presented the 2008 Election Law Conference. This panel will...