Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Judge, United States Court of Appeals, Eleventh Circuit
Britt C. Grant is a judge on the U.S. Court of Appeals for the Eleventh Circuit. Judge Grant was appointed to the federal bench in August 2018 after serving as a Justice on the Supreme Court of Georgia. Prior to her judicial appointment, she served as the Solicitor General of Georgia and practiced in the Washington, D.C. office of Kirkland & Ellis. Upon graduation from law school, Judge Grant served as a law clerk to then-Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit. She earned her J.D., with distinction, from Stanford Law School, where she was the Co-Founder of the Stanford National Security and the Law Society, and the President of the Stanford Law chapter of the Federalist Society. Before enrolling in law school, Judge Grant served in The White House in a variety of domestic policy roles as well as on the staff of Congressman Nathan Deal. Judge Grant earned her B.A., summa cum laude, from Wake Forest University, where she was inducted into Phi Beta Kappa. She now lives in Atlanta, Georgia with her husband and three children.
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.
Professor of Law, Rutgers Law School
Professor Kovacs teaches Administrative Law, Natural Resources Law, Environmental Law, and Property.
Prior to joining the Rutgers faculty in 2011, she spent twelve years in the U.S. Department of Justice’s Environment and Natural Resources Division, Appellate Section. She wrote more than 100 appellate and Supreme Court briefs and argued more than sixty appeals in all thirteen of the federal circuit courts of appeals, twice en banc, and in three state supreme courts. Her cases covered a wide range of areas including environmental, administrative, and constitutional law, both civil and criminal. Among other cases, Professor Kovacs defended the Navy's use of low frequency active sonar and the display of a Latin cross in the Mojave National Preserve; she prosecuted crimes under the Bald and Golden Eagle Protection Act; she pursued a claim to compensate the Oneida Indians for the State of New York's unlawful purchase of their land in the early 19th Century; and she defended the Endangered Species Act against Fifth Amendment takings claims.
In 2016, Professor Kovacs was a political appointee serving as Senior Advisor to the Director of the Bureau of Land Management in the U.S. Department of the Interior. She also spent three years litigating primarily constitutional claims as an attorney in the Baltimore City Law Department, and she clerked for the Honorable Robert C. Murphy, former Chief Judge of the Maryland Court of Appeals. Professor Kovacs is a cum laude graduate of Yale University and the Georgetown University Law Center.
Professor of Law, UCLA Law
Jon Michaels is Professor of Law at UCLA School of Law. His scholarly and teaching interests include constitutional law, administrative law, national security law, the separation of powers, presidential power, regulation, bureaucracy, and privatization.
Michaels (view CV) is a graduate of Williams College, Oxford University, where he was a Marshall Scholar, and Yale Law School, where he served as an articles editor for the Yale Law Journal. Michaels clerked first for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and then for Justice David Souter of the U.S. Supreme Court. Immediately prior to his appointment at UCLA, Michaels worked as an associate in Arnold & Porter’s National Security Law and Public Policy Group in Washington, DC.
A two-time winner of the American Constitution Society’s Cudahy Award for scholarly excellence in administrative law, Michaels is a frequent legal affairs commentator for national and local media outlets and contributes regularly to the Take Care blog.
His book, Constitutional Coup: Privatization’s Threat to the American Republic, was published by Harvard University Press in October 2017. (Read the Introduction. Read reviews and interviews.)
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Judge, United States Court of Appeals, Eleventh Circuit
Britt C. Grant is a judge on the U.S. Court of Appeals for the Eleventh Circuit. Judge Grant was appointed to the federal bench in August 2018 after serving as a Justice on the Supreme Court of Georgia. Prior to her judicial appointment, she served as the Solicitor General of Georgia and practiced in the Washington, D.C. office of Kirkland & Ellis. Upon graduation from law school, Judge Grant served as a law clerk to then-Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit. She earned her J.D., with distinction, from Stanford Law School, where she was the Co-Founder of the Stanford National Security and the Law Society, and the President of the Stanford Law chapter of the Federalist Society. Before enrolling in law school, Judge Grant served in The White House in a variety of domestic policy roles as well as on the staff of Congressman Nathan Deal. Judge Grant earned her B.A., summa cum laude, from Wake Forest University, where she was inducted into Phi Beta Kappa. She now lives in Atlanta, Georgia with her husband and three children.
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.
Professor of Law, Rutgers Law School
Professor Kovacs teaches Administrative Law, Natural Resources Law, Environmental Law, and Property.
Prior to joining the Rutgers faculty in 2011, she spent twelve years in the U.S. Department of Justice’s Environment and Natural Resources Division, Appellate Section. She wrote more than 100 appellate and Supreme Court briefs and argued more than sixty appeals in all thirteen of the federal circuit courts of appeals, twice en banc, and in three state supreme courts. Her cases covered a wide range of areas including environmental, administrative, and constitutional law, both civil and criminal. Among other cases, Professor Kovacs defended the Navy's use of low frequency active sonar and the display of a Latin cross in the Mojave National Preserve; she prosecuted crimes under the Bald and Golden Eagle Protection Act; she pursued a claim to compensate the Oneida Indians for the State of New York's unlawful purchase of their land in the early 19th Century; and she defended the Endangered Species Act against Fifth Amendment takings claims.
In 2016, Professor Kovacs was a political appointee serving as Senior Advisor to the Director of the Bureau of Land Management in the U.S. Department of the Interior. She also spent three years litigating primarily constitutional claims as an attorney in the Baltimore City Law Department, and she clerked for the Honorable Robert C. Murphy, former Chief Judge of the Maryland Court of Appeals. Professor Kovacs is a cum laude graduate of Yale University and the Georgetown University Law Center.
Professor of Law, UCLA Law
Jon Michaels is Professor of Law at UCLA School of Law. His scholarly and teaching interests include constitutional law, administrative law, national security law, the separation of powers, presidential power, regulation, bureaucracy, and privatization.
Michaels (view CV) is a graduate of Williams College, Oxford University, where he was a Marshall Scholar, and Yale Law School, where he served as an articles editor for the Yale Law Journal. Michaels clerked first for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and then for Justice David Souter of the U.S. Supreme Court. Immediately prior to his appointment at UCLA, Michaels worked as an associate in Arnold & Porter’s National Security Law and Public Policy Group in Washington, DC.
A two-time winner of the American Constitution Society’s Cudahy Award for scholarly excellence in administrative law, Michaels is a frequent legal affairs commentator for national and local media outlets and contributes regularly to the Take Care blog.
His book, Constitutional Coup: Privatization’s Threat to the American Republic, was published by Harvard University Press in October 2017. (Read the Introduction. Read reviews and interviews.)
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Solicitor General, Montana Attorney General's Office
Christian is currently Solicitor General of Montana, where he serves as the chief litigator and principal legal advisor to Montana Attorney General Austin Knudsen. In that capacity, he manages litigation before the federal district courts, courts of appeal, and the United States Supreme Court, as well as the Montana Supreme Court. He previously served in the Trump Administration as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education. Prior to government service, he was a public interest constitutional litigator at Mountain States Legal Foundation and a fellow at the Institute for Justice. He clerked for Justice Caleb Stegall on the Kansas Supreme Court. He also served as Director of Publications for the Federalist Society's national headquarters.
Christian earned his B.A. in Political Science in 2009 from the University of Pennsylvania before attending the University of Kansas School of Law. Christian is admitted to practice law in Kansas and Montana. A Kansas native, he is a die-hard fan of the Kansas Jayhawks, Kansas City Chiefs, and Kansas City Royals.
Christian is a member of the Federalism & Separation of Powers Practice Group's Executive Committee.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Judge, United States Court of Appeals, Eleventh Circuit
Britt C. Grant is a judge on the U.S. Court of Appeals for the Eleventh Circuit. Judge Grant was appointed to the federal bench in August 2018 after serving as a Justice on the Supreme Court of Georgia. Prior to her judicial appointment, she served as the Solicitor General of Georgia and practiced in the Washington, D.C. office of Kirkland & Ellis. Upon graduation from law school, Judge Grant served as a law clerk to then-Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit. She earned her J.D., with distinction, from Stanford Law School, where she was the Co-Founder of the Stanford National Security and the Law Society, and the President of the Stanford Law chapter of the Federalist Society. Before enrolling in law school, Judge Grant served in The White House in a variety of domestic policy roles as well as on the staff of Congressman Nathan Deal. Judge Grant earned her B.A., summa cum laude, from Wake Forest University, where she was inducted into Phi Beta Kappa. She now lives in Atlanta, Georgia with her husband and three children.
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.
Professor of Law, Rutgers Law School
Professor Kovacs teaches Administrative Law, Natural Resources Law, Environmental Law, and Property.
Prior to joining the Rutgers faculty in 2011, she spent twelve years in the U.S. Department of Justice’s Environment and Natural Resources Division, Appellate Section. She wrote more than 100 appellate and Supreme Court briefs and argued more than sixty appeals in all thirteen of the federal circuit courts of appeals, twice en banc, and in three state supreme courts. Her cases covered a wide range of areas including environmental, administrative, and constitutional law, both civil and criminal. Among other cases, Professor Kovacs defended the Navy's use of low frequency active sonar and the display of a Latin cross in the Mojave National Preserve; she prosecuted crimes under the Bald and Golden Eagle Protection Act; she pursued a claim to compensate the Oneida Indians for the State of New York's unlawful purchase of their land in the early 19th Century; and she defended the Endangered Species Act against Fifth Amendment takings claims.
In 2016, Professor Kovacs was a political appointee serving as Senior Advisor to the Director of the Bureau of Land Management in the U.S. Department of the Interior. She also spent three years litigating primarily constitutional claims as an attorney in the Baltimore City Law Department, and she clerked for the Honorable Robert C. Murphy, former Chief Judge of the Maryland Court of Appeals. Professor Kovacs is a cum laude graduate of Yale University and the Georgetown University Law Center.
Professor of Law, UCLA Law
Jon Michaels is Professor of Law at UCLA School of Law. His scholarly and teaching interests include constitutional law, administrative law, national security law, the separation of powers, presidential power, regulation, bureaucracy, and privatization.
Michaels (view CV) is a graduate of Williams College, Oxford University, where he was a Marshall Scholar, and Yale Law School, where he served as an articles editor for the Yale Law Journal. Michaels clerked first for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and then for Justice David Souter of the U.S. Supreme Court. Immediately prior to his appointment at UCLA, Michaels worked as an associate in Arnold & Porter’s National Security Law and Public Policy Group in Washington, DC.
A two-time winner of the American Constitution Society’s Cudahy Award for scholarly excellence in administrative law, Michaels is a frequent legal affairs commentator for national and local media outlets and contributes regularly to the Take Care blog.
His book, Constitutional Coup: Privatization’s Threat to the American Republic, was published by Harvard University Press in October 2017. (Read the Introduction. Read reviews and interviews.)
Can and Should the Federal Judiciary Rein In Our Expansive Administrative State?
Ted Hirt
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Showcase Panel I: What is Regulation For?
2018 National Lawyers Convention
Washington, DCShowcase Panel I: What is Regulation For?
Richard A. Epstein, Britt C. Grant, Philip A. Hamburger, Kathryn Kovacs, Jon D. Michaels
The administrative state, with roots over a century old, was founded on the premise that...
Showcase Panel I: What is Regulation For?
Richard A. Epstein, Britt C. Grant, Philip A. Hamburger, Kathryn Kovacs, Jon D. Michaels
The administrative state, with roots over a century old, was founded on the premise that...
Topics
Ninth Circuit Attempts to Moot Rule 11 Petition by Deciding DACA Appeal
Updating an earlier post regarding Solicitor General Noel Francisco’s petition for certiorari before judgment in...
Topics
Solicitor General Francisco Attempts to Fast-Track DACA Litigation to SCOTUS
U.S. Solicitor General Noel Francisco petitioned the Supreme Court on Monday to grant certiorari before...
Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State
Ronald A. Cass
Note from the Editor: This article argues that, while judicial deference to agency decisions is...
Topics
Docket Watch: Herr v. U.S. Forest Service
On Monday, the U.S. Supreme Court denied certiorari in SWC, LLC v. Herr, ending a...
Topics
May I Offer You Some Guidance?
Congress is accountable for the laws that it writes. Government agencies are accountable for the...
Herr v. U.S. Forest Service
Christian Corrigan
On Monday, the U.S. Supreme Court denied certiorari in SWC, LLC v. Herr, ending a...