Professor of Political Science, Brown University
COREY BRETTSCHNEIDER is professor of political science at Brown University, where he teaches courses in political theory and public law. He is also professor, by courtesy, of philosophy. Brettschneider was a Rockefeller faculty fellow at the Princeton University Center for Human Values for the 2010-2011 academic year, a visiting associate professor at Harvard Law School for the 2009 winter term, and a faculty fellow at Harvard's Safra Center for Ethics for the 2006-2007 academic year. Brettschneider received a PhD in politics from Princeton University and a JD from Stanford University. He is the author ofWhen the State Speaks, What Should it Say? How Democracies Can Protect Expression and Promote Equality, (Princeton University Press, 2012) and Democratic Rights: The Substance of Self-Government (Princeton University Press, 2007). Brettschneider is also the author of a casebook, Constitutional Law and American Democracy: Cases and Readings, (Aspen Publishers/Wolters Kluwer Law and Business, 2011). His articles include "A Transformative Theory of Religious Freedom," in Political Theory (2010), "When the State Speaks, What Should it Say? Democratic Persuasion and the Freedom of Expression," in Perspectives on Politics (2010), and "The Politics of the Personal: A Liberal Approach," in the American Political Science Review (2007).
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.
United States District Court, Eastern District of New York
William Francis Kuntz II is a United States district judge on the United States District Court for the Eastern District of New York. The United States Senate confirmed him on October 3, 2011. He received his judicial commission on October 4, 2011.
Judge Kuntz was a commercial litigator in private practice in New York, and had been a partner at the law firm of Baker Hostetler since 2005. He has been a partner at several law firms in New York during his career, including Torys LLP from 2001 to 2004, Seward & Kissel LLP from 1994 to 2001, and Milgrim, Thomajan, Jacobs & Lee from 1986 to 1994. In addition, he worked as Counsel at Constantine Cannon from 2004 to 2005, and as an associate at Shearman & Sterling LLP from 1978 to 1986. Since 1987, Kuntz has served as a Commissioner of the New York City Civilian Complaint Review Board, supervising hundreds of investigations into allegations of abuse by members of the New York City Police Department. From 1987 to 2003, he was an adjunct associate professor of law at Brooklyn Law School, teaching a course in American legal history. He received his A.B. from Harvard College in 1972 and his J.D. from Harvard Law School in 1977. Kuntz also received an M.A. and Ph.D. in American History from Harvard University in 1974 and 1979, respectively.
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
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.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Professor of Political Science, Brown University
COREY BRETTSCHNEIDER is professor of political science at Brown University, where he teaches courses in political theory and public law. He is also professor, by courtesy, of philosophy. Brettschneider was a Rockefeller faculty fellow at the Princeton University Center for Human Values for the 2010-2011 academic year, a visiting associate professor at Harvard Law School for the 2009 winter term, and a faculty fellow at Harvard's Safra Center for Ethics for the 2006-2007 academic year. Brettschneider received a PhD in politics from Princeton University and a JD from Stanford University. He is the author ofWhen the State Speaks, What Should it Say? How Democracies Can Protect Expression and Promote Equality, (Princeton University Press, 2012) and Democratic Rights: The Substance of Self-Government (Princeton University Press, 2007). Brettschneider is also the author of a casebook, Constitutional Law and American Democracy: Cases and Readings, (Aspen Publishers/Wolters Kluwer Law and Business, 2011). His articles include "A Transformative Theory of Religious Freedom," in Political Theory (2010), "When the State Speaks, What Should it Say? Democratic Persuasion and the Freedom of Expression," in Perspectives on Politics (2010), and "The Politics of the Personal: A Liberal Approach," in the American Political Science Review (2007).
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.
United States District Court, Eastern District of New York
William Francis Kuntz II is a United States district judge on the United States District Court for the Eastern District of New York. The United States Senate confirmed him on October 3, 2011. He received his judicial commission on October 4, 2011.
Judge Kuntz was a commercial litigator in private practice in New York, and had been a partner at the law firm of Baker Hostetler since 2005. He has been a partner at several law firms in New York during his career, including Torys LLP from 2001 to 2004, Seward & Kissel LLP from 1994 to 2001, and Milgrim, Thomajan, Jacobs & Lee from 1986 to 1994. In addition, he worked as Counsel at Constantine Cannon from 2004 to 2005, and as an associate at Shearman & Sterling LLP from 1978 to 1986. Since 1987, Kuntz has served as a Commissioner of the New York City Civilian Complaint Review Board, supervising hundreds of investigations into allegations of abuse by members of the New York City Police Department. From 1987 to 2003, he was an adjunct associate professor of law at Brooklyn Law School, teaching a course in American legal history. He received his A.B. from Harvard College in 1972 and his J.D. from Harvard Law School in 1977. Kuntz also received an M.A. and Ph.D. in American History from Harvard University in 1974 and 1979, respectively.
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
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.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
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.
Sally D. Danforth Distinguished Professor of Law & Religion and, Washington University School of Law
Professor John Inazu's scholarship focuses on the First Amendment freedoms of speech, assembly, and religion, and related questions of legal and political theory. His first book, Liberty's Refuge: The Forgotten Freedom of Assembly (Yale University Press, 2012), seeks to recover the role of assembly in American political and constitutional thought. His second book isConfident Pluralism: Surviving and Thriving Through Deep Difference (University of Chicago Press, 2016). Professor Inazu is a Senior Fellow at the Institute for Advanced Studies in Culture at the University of Virginia. He is the special editor of a volume on law and theology published in Law and Contemporary Problems, and his articles have appeared in a number of law reviews and specialty journals. He has written broadly for mainstream audiences in publications including USA Today, CNN, the Hedgehog Review, and the Washington Post.
Professor Inazu was the law school's 2014 David M. Becker Professor of the Year. Prior to joining the law faculty, he was a visiting assistant professor at Duke University School of Law and a Royster Fellow at the University of North Carolina at Chapel Hill. He clerked for Judge Roger L. Wollman of the U.S. Court of Appeals for the Eighth Circuit and served for four years as an associate general counsel with the Department of the Air Force at the Pentagon.
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Michael J. Marks Professor of Law, University of Chicago Law School
M. Todd Henderson is the Michael J. Marks Professor of Law at the University of Chicago Law School. Professor Henderson’s research interests include corporations, securities regulation, and law and economics. He has taught classes ranging from Banking Regulation to Torts to American Indian Law.
Professor Henderson received an engineering degree cum laude from Princeton University in 1993. He worked for several years designing and building dams in California before matriculating at the Law School. While at the Law School, Todd was an editor of the Law Review and captained the Law School's all-University champion intramural football team. He graduated magna cum laude in 1998 and was elected to the Order of the Coif. Following law school, Todd served as clerk to the Hon. Dennis Jacobs of the US Court of Appeals for the Second Circuit. He then practiced appellate litigation at Kirkland & Ellis in Washington, DC, and was an engagement manager at McKinsey & Company in Boston, where he specialized in counseling telecommunications and high-tech clients on business and regulatory strategy.
D'Alemberte Professor, Florida State University College of Law
Professor Markel's scholarship develops a new theory of retributive justice for liberal democracies, and applies that theory in particular to topics such as the proper scope of mercy, the death penalty, punitive damages, shaming punishments, and transitional justice in states recovering from mass atrocities.
His work has been published in leading law reviews, and he also has written for or appeared as a commentator in a wide variety of national and international mass media. Raised in Toronto, he studied politics and philosophy as an undergraduate at Harvard. He then did graduate work in political philosophy at the Hebrew University of Jerusalem and the University of Cambridge, before returning to Harvard for his law degree, where he was an Olin Fellow and on law review. Upon graduation from law school, Professor Markel was a research fellow at the Berkman Center at Harvard Law School, a clerk for Judge Michael Daly Hawkins on the U.S. Court of Appeals for the Ninth Circuit, and an associate at Kellogg, Huber, Hansen, Todd, Evans & Figel in Washington, D.C., where he practiced white-collar criminal defense and civil litigation in trial and appellate courts. He teaches primarily in the area of criminal law.
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.
DeMuth Chair of Business Law, University of Colorado Law School
Andrew A. Schwartz joined the Colorado Law faculty in 2008 and was promoted to full professor in 2017. He teaches and publishes on corporate, securities and contract law, and has become an internationally recognized expert on investment crowdfunding. In 2017, Professor Schwartz served as a Fulbright Research Scholar and visiting professor at the University of Auckland Law School in New Zealand.
Professor Schwartz earned an Sc.B. in Civil Engineering from Brown University and a J.D. from Columbia University, where he served on the Columbia Law Review and was named a James Kent Scholar (top honors) all three years. Before entering academia, he clerked for Judge William A. Fletcher of the U.S. Court of Appeals for the Ninth Circuit and Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York. Following his clerkships, Professor Schwartz practiced corporate law in New York at Wachtell, Lipton, Rosen & Katz.
Professor Schwartz is the author of one book, Investment Crowdfunding, forthcoming from the Oxford University Press, as well as more than forty scholarly publications. His major articles have appeared in leading flagship law reviews including the UCLA Law Review, Minnesota Law Review, and Notre Dame Law Review, top specialty journals such as the Yale Journal on Regulation and Harvard Business Law Review, and peer-reviewed journals like the New Zealand Law Review.
Professor Schwartz has won numerous national awards for his scholarship, including the AALS Scholarly Paper Competition and the Federalist Society Young Legal Scholars Paper Competition. At Colorado Law, Professor Schwartz has received the Provost's Award for Faculty Achievement, the Gilbert Goldstein Faculty Fellowship, and the Outstanding New Faculty Award. His research is frequently cited and relied upon by courts and commentators across the country and around the world, including numerous citations by the Delaware Court of Chancery, the nation's leading venue for corporate law.
Associate Professor of Law, New York Law School
Houman B. Shadab is an internationally recognized expert in financial law and regulation whose research focuses on hedge funds and credit derivatives. Professor Shadab is an Associate Director of the Center on Financial Services Law and teaches Contracts, Corporations, and a seminar on financial regulatory policy. He also serves as the Editor-in-Chief of the Journal of Taxation and Regulation of Financial Institutions. His blog is Lawbitrage.
Professor Shadab has testified before Congress on the compensation of public company executives and also on the role of hedge funds in the financial crisis at a hearing that included George Soros, John Paulson, and other leading figures from the hedge fund industry. Professor Shadab is often invited to speak at academic meetings and those for high level market practitioners and policymakers. In May of 2010, he delivered a keynote presentation on financial complexity at a forum for investors in Switzerland and joined a group of speakers that included former British Prime Minister Tony Blair and leading economists from major financial institutions. He will be speaking in October 2011 on Dodd-Frank and regulatory arbitrage at the 17th annual Risk USA conference in New York City.
Professor Shadab is the author of several academic articles published in journals such as the New York University Journal of Legislation and Public Policy and the Berkeley Business Law Journal. He is frequently asked to contribute to authoritative works and is currently writing or recently published book chapters on hedge fund lending, credit default swaps, and short selling for books to be published by Oxford University Press, Elsevier, and Wiley Finance. Governmental authorities worldwide have cited Professor Shadab's research, including the Delaware Court of Chancery, the U.S. Congressional Oversight Panel, the U.K. House of Lords, the European Parliament, the Reserve Bank of India, and the Secretary General of Japan's Securities and Exchange Surveillance Commission.
Professor Shadab has been quoted in numerous media publications including the New York Times, the Financial Times, and the Washington Post, and has appeared on Bloomberg Television. He serves on the Advisory Board of the NY Business Law Journal and the U.K.-based Hedge Fund Society, and is an affiliated Scholar with George Washington University's Regulatory Studies Center. Professor Shadab is also a member of the New York and California bars and previously practiced law with Ropes & Gray in New York City and Latham & Watkins in Los Angeles.
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).
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Michael J. Marks Professor of Law, University of Chicago Law School
M. Todd Henderson is the Michael J. Marks Professor of Law at the University of Chicago Law School. Professor Henderson’s research interests include corporations, securities regulation, and law and economics. He has taught classes ranging from Banking Regulation to Torts to American Indian Law.
Professor Henderson received an engineering degree cum laude from Princeton University in 1993. He worked for several years designing and building dams in California before matriculating at the Law School. While at the Law School, Todd was an editor of the Law Review and captained the Law School's all-University champion intramural football team. He graduated magna cum laude in 1998 and was elected to the Order of the Coif. Following law school, Todd served as clerk to the Hon. Dennis Jacobs of the US Court of Appeals for the Second Circuit. He then practiced appellate litigation at Kirkland & Ellis in Washington, DC, and was an engagement manager at McKinsey & Company in Boston, where he specialized in counseling telecommunications and high-tech clients on business and regulatory strategy.
D'Alemberte Professor, Florida State University College of Law
Professor Markel's scholarship develops a new theory of retributive justice for liberal democracies, and applies that theory in particular to topics such as the proper scope of mercy, the death penalty, punitive damages, shaming punishments, and transitional justice in states recovering from mass atrocities.
His work has been published in leading law reviews, and he also has written for or appeared as a commentator in a wide variety of national and international mass media. Raised in Toronto, he studied politics and philosophy as an undergraduate at Harvard. He then did graduate work in political philosophy at the Hebrew University of Jerusalem and the University of Cambridge, before returning to Harvard for his law degree, where he was an Olin Fellow and on law review. Upon graduation from law school, Professor Markel was a research fellow at the Berkman Center at Harvard Law School, a clerk for Judge Michael Daly Hawkins on the U.S. Court of Appeals for the Ninth Circuit, and an associate at Kellogg, Huber, Hansen, Todd, Evans & Figel in Washington, D.C., where he practiced white-collar criminal defense and civil litigation in trial and appellate courts. He teaches primarily in the area of criminal law.
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.
DeMuth Chair of Business Law, University of Colorado Law School
Andrew A. Schwartz joined the Colorado Law faculty in 2008 and was promoted to full professor in 2017. He teaches and publishes on corporate, securities and contract law, and has become an internationally recognized expert on investment crowdfunding. In 2017, Professor Schwartz served as a Fulbright Research Scholar and visiting professor at the University of Auckland Law School in New Zealand.
Professor Schwartz earned an Sc.B. in Civil Engineering from Brown University and a J.D. from Columbia University, where he served on the Columbia Law Review and was named a James Kent Scholar (top honors) all three years. Before entering academia, he clerked for Judge William A. Fletcher of the U.S. Court of Appeals for the Ninth Circuit and Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York. Following his clerkships, Professor Schwartz practiced corporate law in New York at Wachtell, Lipton, Rosen & Katz.
Professor Schwartz is the author of one book, Investment Crowdfunding, forthcoming from the Oxford University Press, as well as more than forty scholarly publications. His major articles have appeared in leading flagship law reviews including the UCLA Law Review, Minnesota Law Review, and Notre Dame Law Review, top specialty journals such as the Yale Journal on Regulation and Harvard Business Law Review, and peer-reviewed journals like the New Zealand Law Review.
Professor Schwartz has won numerous national awards for his scholarship, including the AALS Scholarly Paper Competition and the Federalist Society Young Legal Scholars Paper Competition. At Colorado Law, Professor Schwartz has received the Provost's Award for Faculty Achievement, the Gilbert Goldstein Faculty Fellowship, and the Outstanding New Faculty Award. His research is frequently cited and relied upon by courts and commentators across the country and around the world, including numerous citations by the Delaware Court of Chancery, the nation's leading venue for corporate law.
Associate Professor of Law, New York Law School
Houman B. Shadab is an internationally recognized expert in financial law and regulation whose research focuses on hedge funds and credit derivatives. Professor Shadab is an Associate Director of the Center on Financial Services Law and teaches Contracts, Corporations, and a seminar on financial regulatory policy. He also serves as the Editor-in-Chief of the Journal of Taxation and Regulation of Financial Institutions. His blog is Lawbitrage.
Professor Shadab has testified before Congress on the compensation of public company executives and also on the role of hedge funds in the financial crisis at a hearing that included George Soros, John Paulson, and other leading figures from the hedge fund industry. Professor Shadab is often invited to speak at academic meetings and those for high level market practitioners and policymakers. In May of 2010, he delivered a keynote presentation on financial complexity at a forum for investors in Switzerland and joined a group of speakers that included former British Prime Minister Tony Blair and leading economists from major financial institutions. He will be speaking in October 2011 on Dodd-Frank and regulatory arbitrage at the 17th annual Risk USA conference in New York City.
Professor Shadab is the author of several academic articles published in journals such as the New York University Journal of Legislation and Public Policy and the Berkeley Business Law Journal. He is frequently asked to contribute to authoritative works and is currently writing or recently published book chapters on hedge fund lending, credit default swaps, and short selling for books to be published by Oxford University Press, Elsevier, and Wiley Finance. Governmental authorities worldwide have cited Professor Shadab's research, including the Delaware Court of Chancery, the U.S. Congressional Oversight Panel, the U.K. House of Lords, the European Parliament, the Reserve Bank of India, and the Secretary General of Japan's Securities and Exchange Surveillance Commission.
Professor Shadab has been quoted in numerous media publications including the New York Times, the Financial Times, and the Washington Post, and has appeared on Bloomberg Television. He serves on the Advisory Board of the NY Business Law Journal and the U.K.-based Hedge Fund Society, and is an affiliated Scholar with George Washington University's Regulatory Studies Center. Professor Shadab is also a member of the New York and California bars and previously practiced law with Ropes & Gray in New York City and Latham & Watkins in Los Angeles.
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).
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.
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.
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.
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.
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.
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.
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.
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.
Founder & President, Alliance of Iranian Women
Manda Zand Ervin is the founder and president of the Alliance of Iranian Women, an organization that informs world governments and human rights groups of the plight of women and children in Iran. During the Iranian revolution Manda witnessed the execution of many innocent people, the basic human rights of the women of Iran being brutally taken from them, and her homeland reverting back to 6th century Arabia.
Manda Zand Ervin has currently been working to inform Western governments about the plight of the women of Iran under Islamic law. She meets regularly with the members of the European Parliament and American Congress. In 2003 she garnered support from US Senators to pass a resolution on the Human rights of the women of Iran. She is frequently interviewed on national and international television and radio programs such as CNN, BBC, Radio France, VOA, and video America . She also lectures at Universities and conferences on the equal rights of women, human rights, and Islamic Sharia law. In February of 2008 Manda was appointed, by the President of the United States, as the United States’ Delegate to the United Nations’ Commission on the Status of Women.
Former Member, Danish Parliament
Naser Khader was born the 1st of July 1963 in Damascus, Syria. His father was Palestinian and his mother Syrian. His family lived a couple of years in Palestine and Jordan before they moved to Syria, where Naser Khader went to school.
When Naser Khader was 11 years old he moved to Denmark with his mother and siblings. His father had already been living in Denmark for a while when they came to live with him in the country where his father had managed to find a job. Naser Khader and his family became integrated into the Danish society.
Naser Khader has a master in economics from Copenhagen University. At the moment he studies theology also at the University of Copenhagen.
From 2001 - 2011 he was a member of the Danish parliament, Folketinget. His main political key issues are freedom of speech, the fight for democracy and democratic values in a multicultural society - subjects that have been intensively discussed in Denmark - particularly after the cartoon crisis in 2006. Naser Khader is member of The Conservative Party and he was spokesman of foreign policy and integration for the party. He has written several books about Islam and integration, he attends many debates, gives lectures and is often appears as an expert regarding the issues on Danish television and other medias.
Naser Khader has been awarded several prizes in recognition of his fight for the right to freedom of speech, secularity, and integration of immigrants into the Danish culture. Furthermore, he is the Co-Founder of the Association of Democratic Muslims in Denmark.
Naser Khader has a sincere interest in the “Arab Spring”, due to his origins and still having family living in Syria. This summer he therefore went to Syria and brought home much documentation (i.e. on video) of how the people in reality are being treated by the Assad regime and how they are fighting against the regime. He is considered one of Denmark’s leading experts in Middle East affairs, and he was one of the first to talk about an emerging civil courage amongst the civilians in the Arab countries (before the Arab spring).
With three phrases Naser Khaders describes himself primarily as a fanatic democrat, secondly as a Danish citizen and thirdly as cultural Muslim "ultra light".
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.
Founder & President, Alliance of Iranian Women
Manda Zand Ervin is the founder and president of the Alliance of Iranian Women, an organization that informs world governments and human rights groups of the plight of women and children in Iran. During the Iranian revolution Manda witnessed the execution of many innocent people, the basic human rights of the women of Iran being brutally taken from them, and her homeland reverting back to 6th century Arabia.
Manda Zand Ervin has currently been working to inform Western governments about the plight of the women of Iran under Islamic law. She meets regularly with the members of the European Parliament and American Congress. In 2003 she garnered support from US Senators to pass a resolution on the Human rights of the women of Iran. She is frequently interviewed on national and international television and radio programs such as CNN, BBC, Radio France, VOA, and video America . She also lectures at Universities and conferences on the equal rights of women, human rights, and Islamic Sharia law. In February of 2008 Manda was appointed, by the President of the United States, as the United States’ Delegate to the United Nations’ Commission on the Status of Women.
Former Member, Danish Parliament
Naser Khader was born the 1st of July 1963 in Damascus, Syria. His father was Palestinian and his mother Syrian. His family lived a couple of years in Palestine and Jordan before they moved to Syria, where Naser Khader went to school.
When Naser Khader was 11 years old he moved to Denmark with his mother and siblings. His father had already been living in Denmark for a while when they came to live with him in the country where his father had managed to find a job. Naser Khader and his family became integrated into the Danish society.
Naser Khader has a master in economics from Copenhagen University. At the moment he studies theology also at the University of Copenhagen.
From 2001 - 2011 he was a member of the Danish parliament, Folketinget. His main political key issues are freedom of speech, the fight for democracy and democratic values in a multicultural society - subjects that have been intensively discussed in Denmark - particularly after the cartoon crisis in 2006. Naser Khader is member of The Conservative Party and he was spokesman of foreign policy and integration for the party. He has written several books about Islam and integration, he attends many debates, gives lectures and is often appears as an expert regarding the issues on Danish television and other medias.
Naser Khader has been awarded several prizes in recognition of his fight for the right to freedom of speech, secularity, and integration of immigrants into the Danish culture. Furthermore, he is the Co-Founder of the Association of Democratic Muslims in Denmark.
Naser Khader has a sincere interest in the “Arab Spring”, due to his origins and still having family living in Syria. This summer he therefore went to Syria and brought home much documentation (i.e. on video) of how the people in reality are being treated by the Assad regime and how they are fighting against the regime. He is considered one of Denmark’s leading experts in Middle East affairs, and he was one of the first to talk about an emerging civil courage amongst the civilians in the Arab countries (before the Arab spring).
With three phrases Naser Khaders describes himself primarily as a fanatic democrat, secondly as a Danish citizen and thirdly as cultural Muslim "ultra light".
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.
Author and Columnist
Bruce Bawer is the author of several books, including the bestselling While Europe Slept: How Radical Islam Is Destroying the West from Within (2006), a finalist for the National Book Critics Circle Award, and Surrender: Appeasing Islam, Sacrificing Freedom (2009). His earlier books include the influential A Place at the Table: The Gay Individual in American Society (1993), which was a New York Times “Notable Book of the Year”; Stealing Jesus: How Fundamentalism Betrays Christianity (1997); and several volumes of literary criticism, film criticism, and poetry. His essays have appeared in The New Republic, The Nation, The New York Times Magazine, The American Scholar, Newsweek, The Wilson Quarterly, Standpoint, City Journal, and The Chronicle of Higher Education, and he has been a prolific book reviewer, contributing regularly to The New Criterion, The Hudson Review, The New York Times Book Review, The Washington Post Book World, and The Wall Street Journal. He is a native New Yorker, holds a doctorate in English from Stony Brook University, and has lived in Norway for over a decade. His website is http://www.brucebawer.com.
Barrister
Paul Diamond is a barrister who practices in the field of the law of religious liberty. He is one of Britain’s and Europe’s leading attorneys in this area. He has been instructed in some of the most controversial cases; for example, the case of the British Airways employee who was prevented from wearing a Cross (whilst other religious groups were permitted to manifest their faith), the right to free religious speech during a General Election by the ProLife Alliance and in cases over the repeated clash between the religious rights of individuals and the same sex agenda. In his recent major case, on the right of a Christian marriage counselor to be exempted from the counseling of same sex partners, he acted on behalf of the former Archbishop of Canterbury, Lord Carey. Paul’s counsel is sought after by a number of religious leaders and organizations.
The rapid growth of the militant secular agenda which seek to remove religious values from public life has turned a rather specialist and sleepy area of law into the front line in the battle to maintain Judeo Christian civilized values. This gave the opportunity to Paul to develop his legal skills.
Paul was always fascinated with the issue of religion and felt the call of God in his life. After studying Middle East Government, Paul attended Magdalene College, Cambridge to study law. From there, he won a scholarship to the Hague Academy of International Law, The Netherlands. An early article by Paul, attracted the attention of Lord Denning (the most famous British Judge) who openly supported Paul’s arguments. He commenced practice thereafter and has appeared before all levels of court including the House of Lords.
Early in his career, he became the barrister to the Keep Sunday Special Campaign (until the mid 1990s, Britain had a ban on Sunday trading and the campaign sought to keep Sundays as a ‘day of rest’). As standing Counsel, Paul handled many leading controversial cases and built a reputation for his future work in religious liberties. The issue of Sunday working was one that directly affected family life as the pressures on low income families to work has become relentless in recent years.
Paul has been involved in a number of controversial cases. In 2009, he was instructed to prevent a Hizbollah terrorist from entering the United Kingdom by the use of the threat of an international arrest warrant; and in 2011, Vladimir Bukovsky, the famous Soviet dissident instructed Paul to seek legal redress against former Soviet President Gorbachev.
Vicar of St Mary, Australia
Mark Durie completed an Arts Degree with First Class Honours and a University Medal in Germanic Languages and Linguistics. He gained his PhD in Linguistics from the Australian National University in 1984 with a study of the language of the Acehnese, a Muslim people of Indonesia. He conducted field research trips in Aceh during the 1980’s and 1990’s, producing several books, and many research articles. The dialects he documented were among those obliterated by the Indian Ocean Tsunami in 2004.
Dr. Durie was a visiting researcher at the University of Leiden in 1985, investigating the Dutch Acehnese manuscripts, many of which are concerned with Islamic jihad. Then he spent two years as a Harkness Fellow in the USA, holding positions as visiting researcher at the Massachusetts Institute of Technology, the University of California at Los Angeles and Stanford University. After coming to Melbourne, Dr. Durie became Head of the Department of Linguistics and Language Studies before taking up an Australian Research Council Senior Research Fellowship in the mid 1990’s. He was elected a Fellow of the Australian Academy of Humanities in 1991, and awarded an Australian Centennial Medal in 2001 for contributions to linguistics.
After a change in career, Dr. Durie now works as the Vicar of St Mary’s Anglican Church, Caulfield in Melbourne. He is a human rights activist, writing and speaking extensively in Australia and internationally on issues relating to freedom of religion, freedom of speech, and the persecution of religious minorities, particularly Christians living under the Islamic sharia. He speaks across Australia and internationally on Islam. He also writes on issues related to world missions, interfaith dialogue and religious conflict. His book Revelation: do we worship the same God? was published by CityHarvest in July 2006 and is into its second edition. His latest books The Third Choice and Liberty to the Captives, appeared in 2010. They are on understanding Islam, the experience of non-Muslims living under Islamic rule, and how to find spiritual freedom in the face of the challenge of Islam.
Showcase Panel III: Religion Clauses
Corey Brettschneider, Philip A. Hamburger, William Kuntz, William P. Marshall, Michael W. McConnell, Dean Reuter
2012 National Lawyers Convention
The current Supreme Court divided five to four in Arizona Christian School Tuition Organization v....
Showcase Panel III: Religion Clauses
Corey Brettschneider, Philip A. Hamburger, William Kuntz, William P. Marshall, Michael W. McConnell, Dean Reuter
2012 National Lawyers Convention
The current Supreme Court divided five to four in Arizona Christian School Tuition Organization v....
Liberty’s Refuge - Faculty Book Podcast
Michael W. McConnell, John Inazu
Faculty Division Podcast 07-06-12 featuring John Inazu and Michael McConnell
During the past decade, courts have struggled to reconcile anti-discrimination statutes with claims by private...
Young Legal Scholars Paper Presentations
William Baude, Todd Henderson, Dan Markel, Nicholas Quinn Rosenkranz, Andrew A. Schwartz, Houman B. Shadab, Eugene Volokh
14th Annual Faculty Conference
On January 6, 2012, at the 14th Annual Faculty Conference in Washington, DC, the Federalist...
Young Legal Scholars Paper Presentations
William Baude, Todd Henderson, Dan Markel, Nicholas Quinn Rosenkranz, Andrew A. Schwartz, Houman B. Shadab, Eugene Volokh
14th Annual Faculty Conference
On January 6, 2012, at the 14th Annual Faculty Conference in Washington, DC, the Federalist...
Religious Liberties: The Ministerial Exception Case: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
Walter E. Dellinger, Douglas Laycock, Michael W. McConnell, Diarmuid F. O'Scannlain
2011 National Lawyers Convention
The Religious Liberties Practice Group hosted this panel on "The Ministerial Exception Case: Hosanna-Tabor Evangelical...
Religious Liberties: The Ministerial Exception Case: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
Walter E. Dellinger, Douglas Laycock, Michael W. McConnell, Diarmuid F. O'Scannlain
2011 National Lawyers Convention
The Religious Liberties Practice Group hosted this panel on "The Ministerial Exception Case: Hosanna-Tabor Evangelical...
Keynote Address and Commentary: Where Are the Muslim Moderates?
Manda Zand Ervin, Naser Khader, David B. Rivkin
Silenced: Are Global Trends to Ban Religious Defamation, Religious Insult, and Islamophobia a New Challenge to First Amendment Freedoms?
This keynote address by former member of the Danish Parliament Naser Khader on "Where Are...
Keynote Address and Commentary: Where Are the Muslim Moderates?
Manda Zand Ervin, Naser Khader, David B. Rivkin
Silenced: Are Global Trends to Ban Religious Defamation, Religious Insult, and Islamophobia a New Challenge to First Amendment Freedoms?
This keynote address by former member of the Danish Parliament Naser Khader on "Where Are...
Panel II: Growing Repression in the West
Bruce Bawer, Paul Diamond, Mark Durie
Silenced: Are Global Trends to Ban Religious Defamation, Religious Insult, and Islamophobia a New Challenge to First Amendment Freedoms?
The 1989 fatwa against Salman Rushdie and the deadly 2006 Danish cartoon riots brought worldwide...