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 inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
George Maverick Bunker Professor of Management, Sloan School of, MIT
Thomas A. Kochan is the George Maverick Bunker Professor of Management at MIT's Sloan School of Management and Co-Director of both the MIT Workplace Center and of the Institute for Work and Employment Research. He came to MIT in 1980 as a Professor of Industrial Relations. From 1988 to 1991 he served as Head of the Behavioral and Policy Sciences Area in the Sloan School. Prof. Kochan came to MIT from Cornell University where he was on the faculty of the School of Industrial and Labor Relations from 1973 to 1980.
In 1973, he received his Ph.D. in Industrial Relations from the University of Wisconsin. Since then he has served as a third-party mediator, fact finder, and arbitrator and as a consultant to a variety of government and private sector organizations and labor-management groups. He was a consultant for one year to the Secretary of Labor in the Department of Labor’s Office of Policy Evaluation and Research.
He has done research on a variety of topics related to industrial relations and human resource management in the public and private sector. Some of his recent books include: Restoring the American Dream: A Working Families’ Agenda for America; Management: Inventing and Delivering its Future; Working in America: A Blueprint for the Labor Market, Learning from Saturn; Managing for the Future: Organizational Behavior and Processes, 3rd edition, 2004; An Introduction to Collective Bargaining and Industrial Relations, 3rd ed. 2003; In 1988 his book, The Transformation of American Industrial Relations received the annual award from the Academy of Management for the best scholarly book on management.
Professor Kochan is a Past President of both the International Industrial Relations Association and the Industrial Relations Research Association (IRRA). In 2001 he was listed in Who’s Who in America and in 2000 he was listed in Blackwell’s Dictionary of Management Scholars. In 1999 he was awarded Doctor Honoris Cause from the University de San Martin de Porres de Lima. He received the Heneman Career Achievement Award from the Human Resources Division of the Academy of Management in 1996. He was elected to the National Academy of Human Resources in 1997. He was named the Centennial Visiting Professor from The London School of Economics in 1995. From 1993 to 1995 he served as a member of the Clinton Administration's Commission on the Future of Worker/Management Relations.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
General Counsel, Change to Win
Patrick J. Szymanski is General Counsel for Change to Win, an alliance of seven Unions representing 6 million members in the United States, Canada and Puerto Rico. The seven unions are the International Brotherhood of Teamsters, the Laborers’ International Union of North America, the Service Employees International Union, the United Brotherhood of Carpenters and Joiners of America, the United Farm Workers, the United Food and Commercial Workers International Union, and UNITE HERE.
Pat was raised in Detroit, Michigan, where his father was a professional football player, an elected state official and later a state court judge. His father is a member of the Polish Sports Hall of Fame and in 2007 was selected as a member of the Wall Street Journal Law Blog Football Hall Fame. His mother was a Detroit public school teacher and editor of The Polish World, a bilingual newspaper published in Hamtramck, Michigan. Pat attended the Massachusetts Institute of Technology, dropped out in the late 60’s and later received his undergraduate degree from Wayne State University where he majored in mathematics. He received his law degree from Wayne State University Law School in 1976.
He was a lawyer in the Enforcement Division of the National Labor Relations Board in Washington, D.C., from 1976 through 1978 and again from 1983 through 1988 where he briefed and argued cases before the United States District Courts and Courts of Appeal and briefed cases before the United States Supreme Court.
From 1978 through 1983 he was attorney with the San Francisco office of Beeson, Tayer & Bodine where he advised and represented Teamsters Local Unions and Joint Councils in Northern California, other labor organizations and related benefit funds in negotiations, internal affairs, arbitration cases and proceedings before various state and federal agencies and courts. From 1988 through 2002 he was an attorney and partner at the Washington, D.C., law firm of Baptiste & Wilder where he continued the practice of labor law representing primarily Teamster affiliates, related benefit funds and individual officers and members.
Pat became counsel to the Campaign of James P. Hoffa for presidency of the International Brotherhood of Teamsters in late 1995 and represented the Campaign throughout the 1996 Election, at the 1996 Teamsters International Convention, and in litigation that led to the 1998 Teamsters Rerun Election. He was named Teamsters General Counsel by General President Hoffa in March 1999 and served in that position until late 2005 when he became General Counsel to Change to Win.
He is a member of the bar in Michigan, California and the District of Columbia, the bar of the United States Supreme Court, and the bars of several federal district and appellate courts.
Partner, Weintraub, Stock, Grisham, PC
(Partner) born Memphis, Tennessee, April 30, 1954; admitted to bar, 1981, Tennessee and U.S. District Court, Western, Middle and Eastern Districts of Tennessee; U.S. District Court, Eastern and Western Districts of Arkansas; U.S. District Court, District of Colorado; U.S. Court of Appeals, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits; U.S. Supreme Court.
Education: University of Memphis (B.S., Ed., 1976; J.D., 1980). Phi Delta Phi. Listed: The Best Lawyers of America; Mid-South Super Lawyers. Contributing Editor, The Developing Labor Law. Frequent Speaker, Labor and Employment seminars nationally and internationally. Board Member: Metropolitan Board YMCA; National Assembly YMCA; Orphanos Foundation Base Institute. Adjunct Professor, Business College, Union University.
Member: Memphis (Member: Alternate Dispute Resolution Committee; Employment and Labor Law Section) and Tennessee (Member, Labor and Employment Section) Bar Associations; The Federalist Society (Co-Chair, Memphis Lawyers' Chapter, 2000—). Practice Areas: Employment Law; Litigation; Labor Relations Law; Construction Contract Law.
Law School: University of Memphis, J.D., 1980
College: University of Memphis, B.S., Ed., 1976
Executive Director, The Financial Technology and Cybersecurity Center
Thomas P. Vartanian is the Executive Director of the Financial Technology & Cybersecurity Center, an author, financial services advisor, expert witness, and board mentor. He is the former Executive Director of the Program on Financial Regulation & Technology at George Mason University’s Antonin Scalia Law School, where he was also a Professor of Law. Between 1983 and 2018, he chaired the Financial Institution’s practices at two international law firms, Dechert LLP and Fried Frank LLP, through four financial crises. Both as a regulator and private practitioner, he has represented parties in a majority of the 50 largest financial institution failures in American history.
Mr. Vartanian served in the Reagan Administration during the S&L crisis as General Counsel of the Federal Home Loan Bank Board and the FSLIC. Prior to that, he served in the Carter Administration in the Office of the Comptroller of the Currency as Special Assistant to the Chief Counsel. Since departing government service, he has advised many subsequent presidential administrations on financial institution issues.
Mr. Vartanian is a futurist and expert in financial technology who has been described by clients in Chambers as “one of the best financial services lawyers in America.” Mr. Vartanian was Chairman of the American Bar Association’s Cyberspace Law Committee between 1998 and 2002, where he chaired an international task force of lawyers from twenty countries which released a seminal report in London in 2000 on the novel issues created by doing business in Cyberspace. He is currently a member of the American Association of Bank Directors’ Task Force on Bank Director Personal Liability Mitigation.
Mr. Vartanian has authored more than four hundred articles and eight books, including his new book, 200 Years of American Financial Panics: Crashes, Recessions, Depressions, and the Technology That Will Change It All chronicling the country’s tumultuous financial history and the impact that technology will have on its future.
He is a frequent lecturer and media commentator on the financial services industry, having appeared on Bloomberg TV, CNN, Fox News, Newsmax, PBS and various local and national radio shows. He has also taught financial services and digital commerce law at Georgetown Law School, George Washington Law School, and Boston University School of Law, and has been a guest lecturer at Harvard Law School.
In 2008, Mr. Vartanian was named “Washingtonian of the Year” based on his use of music and sports to raise money for charities in the D.C. metropolitan area. As a musician, he appeared in the first production in the United States in 1970 of Joseph and the Amazing Technicolor Dreamcoat. His classic rock band, The Johnny Esquire Band, has helped raise approximately $5,000,000 for charities in the Washington D.C. area over the last twenty-five years. Mr. Vartanian also founded and plays for the Washington All Stars, a senior baseball team that has raised more than $500,000 for Special Olympics.
His next book, The Unhackable Internet, will be published in early 2023.
The Employee Free Choice Act
Richard A. Epstein, Thomas Kochan, Eugene Scalia, Patrick Szymanski
On March 10, 2009, the Employee Free Choice Act (EFCA) was re-introduced to Congress by...
West Virginia Supreme Court of Appeals Finds Significant Economic Presence Test Better Indicator for Nexus than Physical Presence Requirement
Dean A. Heyl
Nexus has been a vexing issue for the business community and state revenue departments for...
Testing the Waters of Sarbanes-Oxley Whistleblower Claims
James H. Stock
It has been nearly five years since Congress, in the aftermath of several corporate scandals,...
Supreme Court 2001-2002 Term: Summary of Decisions on Federalism and Separation of Powers
Sovereign ImmunityFed. Maritime Comm’n v. S.C. State Ports Auth., 122 S. Ct.1864 (2002).Decided May 28,...
Circuit Court Opinions address application of Disparate Impact Liability under the Fair Housing Act
Thomas P. Vartanian, Robert H. Ledig, Alisa Babitz
The Fifth and Ninth Circuit Court of Appeals have each recently issued opinions which are...