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.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
Edward H. Levi Distinguished Service Professor of Law, University of Chicago Law School
Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone joined the faculty in 1973, after serving as a law clerk to Supreme Court Justice William J. Brennan, Jr. He later served as Dean of the Law School (1987-1994) and Provost of the University of Chicago (1994-2002).
Stone is the author of many books on constitutional law, including Sex and the Constitution: Sex, Religion and Law from America’s Origins to the Twenty-First Century (2017); Speaking Out: Reflections of Law, Liberty and Justice (2010 & 2016); Top Secret: When Our Government Keeps Us in the Dark (2007), War and Liberty: An American Dilemma (2007), Perilous Times: Free Speech in Wartime (2004), and Eternally Vigilant: Free Speech in the Modern Era(Chicago 2002). He is also an editor of two leading casebooks, Constitutional Law (7th ed. 2013) and The First Amendment (5th ed. 2016). Stone is an editor of The Supreme Court Reviewand chief editor of a twenty-volume series, Inalienable Rights, which is being published by the Oxford University Press.
Stone was appointed by President Obama to serve on the President’s Review Group on Intelligence and Communications Technologies, which evaluated the government’s foreign intelligence surveillance programs in the wake of Edward Snowden’s leaks. He is a Fellow of the American Academy of Arts and Sciences, a member of the America Law Institute, the National Advisory Council of the American Civil Liberties Union, a member of the American Philosophical Society, and a member of the Board of Advisors of the Council for Democracy and Technology. He has served as Chair of the Board of the American Constitution Society and Chair of the Board of the Chicago Children’s Choir.
Stone has also written amicus briefs for constitutional scholars in a number of Supreme Court cases, including Obergefell v. Hodges, Whole Woman’s Heath v. Hellerstadt, Lawrence v. Texas, United States v. Windsor, United States v. Stevens, and Rasul v. Bush. He was also one of the lawyers who represented President Bill Clinton in the Supreme Court in Clinton v. Jones.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Assistant Professor of Law, American University Washington College of Law
Jennifer Daskal joined American University Washington College of Law (WCL) in 2013 as an Assistant Professor of Law. She teaches and writes in the fields of criminal law, national security law, and constitutional law. From 2009-2011, Prof. Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice and, among other things, served on the Secretary of Defense and Attorney General-led Detention Policy Task Force. Prior to joining DOJ, she was the senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff. She spent two years before joining WCL’s faculty as a national security law fellow and adjunct professor at Georgetown Law Center.
Prof. Daskal is a graduate of Brown University, Harvard Law School, and Cambridge University, where she was a Marshall Scholar. Recent publications include The Un-Territoriality of Data, 326 Yale L.J. 326 (2015); Pre-Crime Restraints: The Explosion of Targeted, Non-Custodial Prevention, 99 Cornell L. Rev. 327 (2014); After the AUMF, 5 Harvard Nat'l Sec. L. J. 115 (2014) (co-authored with Steve Vladeck); and The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ‘Hot’ Conflict Zone, 171 Penn. L. Rev. 1165 (2013). Prof. Daskal has published op-eds in the New York Times, Washington Post, International Herald Tribune, L.A. Times, and Salon.com, and she has appeared on BBC, C-Span, CNN, MSNBC, and NPR, among other media outlets. She is an Executive Editor of and regular contributor to the Just Security blog.
Judge, Contra Costa County Superior Court in California
Judge Haight was appointed to Contra Costa County Superior Court by Governor Pete Wilson in 1993.
Wallace and Beverley Woodbury University Professor of Law; Co-director of the Litigation and Dispute Resolution Program, The George Washington University Law School
Stephen A. Saltzburg joined GW Law in 1990. Before that, he taught at the University of Virginia School of Law, and was named the first incumbent of the Class of 1962 Endowed Chair. In 1996, he founded and directed the master’s program in Litigation and Dispute Resolution at GW. He was named University Professor, the highest title a University can confer upon a faculty member, in 2004. The Chief Justice of the United States appointed him as reporter for, and then as a member of, the Advisory Committee on the Federal Rules of Criminal Procedure and as a member of the Advisory Committee on the Federal Rules of Evidence. He was the reporter for the Civil Justice Reform Act Committee for the D.C. District Court before he became chair. He has served as a special master in two class action cases in the D.C. District Court, and continues to serve as a mediator for the U.S. Court of Appeals for D.C. He has mediated a variety of disputes involving public agencies and private litigants; served as a sole arbitrator, panel chair, and panel member in domestic arbitrations; and served as an arbitrator for the International Chamber of Commerce.
Professor Saltzburg held the following governmental positions: associate independent counsel in the Iran-Contra investigation; deputy assistant attorney general in the Criminal Division of the U.S. Department of Justice, the Attorney General’s ex-officio representative on the U.S. Sentencing Commission; and director of the U.S. Treasury Department Tax Refund Fraud Task Force. He was chair of the ABA Criminal Justice Section from 2007 to 2008, and represents the section in the ABA House of Delegates. He was appointed to the ABA Task Force on Terrorism and the Law and to the ABA Task Force on Gatekeeper Regulation and the Profession in 2001, and to the ABA President’s Advisory Group on Citizen Detention and Enemy Combatant Issues in 2002. In 2001 he was appointed by Chief Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit as co-chair of the Task Force on the Selection of Lead Counsel in Class Actions, which published its final report in 2002. Professor Saltzburg is the author of numerous books and articles on evidence, procedure, and litigation.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Editor, The Weekly Standard
William Kristol is the editor of The Weekly Standard. He is also a regular panelist on Fox News Sunday, a contributor for the Fox News Channel, and a monthly columnist for the Washington Post. Before starting the Weekly Standard in 1995, Mr. Kristol led the Project for the Republican Future, where he helped shape the strategy that produced the 1994 Republican congressional victory. Prior to that, Mr. Kristol served as chief of staff to Vice President Dan Quayle during the first Bush Administration, and to Education Secretary William Bennett under President Reagan. Before coming to Washington in 1985, Mr. Kristol was on the faculty of Harvard University’s Kennedy School of Government and the Department of Political Science at the University of Pennsylvania.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
Partner, Supreme Court Attorney, Cabinet Briard LLP
François-Henri Briard is a Knight of the Legion of Honor, an Officer of the National Order of Merit and a Knight of the Palmes Académiques.
He was a member of the Governing Board of the Bar of the French Supreme Courts (2003-2005).
François-Henri Briard was a trustee of Sarah Lawrence College in New York for eight years. He is President of the Institut Vergennes, a member of the U.S. Supreme Court Historical Society and an honorary member of the Society of the Cincinnati and of the Sons of the American Revolution. He is also an expert with the Federalist Society, a U.S. think tank that focuses on constitutional and judicial issues.
He is a member of the Institute of Consulting Tax Attorneys (IACF) and an associate member of the Academy of Moral Sciences, Letters and Arts of Versailles and Ile de France.
He is a member of the French Navy civilian reserve with the rank of frigate captain and has been awarded a medal by the voluntary military services. On behalf of the Firm, he received the Military Reserve Prize (2011).
Visiting Professor of Public and International Affairs, Charles and Marie Robertson Visiting Professor, Princeton School of Public and International Affairs
Martin S. Flaherty is a longtime is Visiting Professor at the Princeton School of Public and International Affairs, where he was Fellow in the Program in Law and Public Affairs. He is also Leitner Family Professor of International Human Rights Law and Founding Co-Director of the Leitner Center for International Law and Justice at Fordham Law School. Professor Flaherty also currently teaches at Columbia Law School and Barnard College. Previously he has taught at China University of Political Science and Law and the National Judges College in Beijing, Sungkyunkwan University in Seoul, Queen’s University Belfast. Professor Flaherty earlier served as a law clerk for Justice Byron R. White of the U.S. Supreme Court and Chief Judge John Gibbons of the U.S. Court of Appeals for the Third Circuit.
Flaherty received a J.D. from Columbia Law School, where he was Book Reviews and Articles Editor of the Columbia Law Review, an M.A. and M.Phil., with distinction, from Yale (in history), and B.A. summa cum laude from Princeton. For the Leitner Center, Human Rights First, and the New York City Bar Association, he has led or participated in human rights missions to Northern Ireland, Turkey, Hong Kong, Mexico, Malaysia, Kenya, Romania and China. Professor Flaherty is currently the President of the American Association of the International Commission of Jurists, https://www.aaicj.org, a member of the Council on Foreign Relations, and a legal expert advisor at the Sixth Committee of the United Nations General Assembly.
Flaherty’s scholarly publications focus upon international human rights, foreign affairs, and constitutional law and history, and appear in such journals as the Columbia Law Review, the Yale Law Journal, the Michigan Law Review, the University of Chicago Law Review, Constitutional Commentary, the Harvard Journal of Law and Policy, and the Harvard Human Rights Journal. He has written, appeared, or been quoted in The New York Times, The Washington Post, The New Yorker, The Boston Globe, The Daily News, Newsday, the PBS Newshour, CNN, MSNBC, and NPR. He is also the author of the Restoring the Global Judiciary: Why the Supreme Court Should Rule in Foreign Affairs (Princeton University Press, 2019).
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Executive Power in Wartime
Richard A. Epstein, Roger Pilon, William H. Pryor, Geoffrey R. Stone, John C. Yoo
2006 National Lawyers Convention
The Federalist Society's Federalism & Separation of Powers Practice Group presented this panel discussion at...
Bringing Terrorists to Justice-Can Criminal Prosecution Work?
Jennifer Daskal, Lois Haight Herrington, Kenneth M. Karas, Stephen A. Saltzburg, Kenneth L. Wainstein
2006 National Lawyers Convention
The Federalist Society's Criminal Law Practice Group presented this panel discussion at the 2006 Annual...
Showcase Panel I: Limited Government and Spreading Democracy: Uneasy Cousins?
William Kristol, Tom G. Palmer, A. Raymond Randolph, François-Henri Briard
2006 National Lawyers Convention
The Federalist Society presented this Showcase Panel at the 2006 Annual National Lawyers Convention on...
Customary International Law, the War on Terror, and the Constitution
Jose A. Cabranes, Martin Flaherty, David Golove, John O. McGinnis, David B. Rivkin
International & National Security Law Practice Group
The Law of Nations includes principles of customary international law. Customary international law has played...