Senior Counsel, Cahill Gordon & Reindel LLP
Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group.
Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Most recently, Floyd prevailed in his argument before the Supreme Court on behalf of Senator Mitch McConnell as amicus curiae, defending the rights of corporations and unions to speak publicly about politics and elections in Citizens United v. Federal Election Commission. Floyd's clients have included The McGraw-Hill Companies in a large number of litigations around the country involving claims against its subsidiary, Standard & Poor’s Financial Services LLC, The New York Times in the Pentagon Papers case and others, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.
Floyd has represented Standard & Poor’s in litigations about its ratings; he defended the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; he represented two of the nation’s largest insurers in litigation under Section 17200 in California and he has frequently testified before congressional committees and prepared clients to do so. In 1998, he represented CNN in investigating and issuing a report on its broadcast accusing the United States of using nerve gas on a military mission in Laos in 1970, and again in 1999 in seeking to persuade the United States Senate to permit the public to view its deliberations as it determined whether or not to convict President Clinton of alleged high crimes and misdemeanors. He represented Nina Totenberg and National Public Radio in the 1992 "leak" investigation conducted by the United States Senate arising out of the confirmation hearing of Justice Clarence Thomas and, in 2004 and 2005, Judith Miller and Matthew Cooper in their efforts to avoid revealing their confidential sources.
In 2006, Floyd was elected to the American Academy of Arts & Sciences, an independent research center that conducts multidisciplinary studies of complex and emerging problems advanced by its 4,600 elected members, who are leaders in the academic disciplines, the arts, business and public affairs from around the world. In 2015, Floyd was honored by Yale Law School with its prestigious Award of Merit. Also in 2015, Floyd received the Walter Cronkite Freedom of Information Award presented by the Connecticut Foundation for Open Government. In 2011, Floyd was awarded the CUNY Graduate School of Journalism's Lifetime Achievement Award. In 1998, Floyd was the recipient of the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York. In November, 1999, he received the William J. Brennan, Jr. award of the Libel Defense Resource Center. Floyd was awarded, in 1997, the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York. Previously he had been awarded the Ross Essay Prize of the American Bar Association for his study of the Ninth Amendment of the United States Constitution. He has also received awards from, among others, the American Jewish Congress, Catholic University, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.
In November, 2011, Yale Law School announced the formation of The Floyd Abrams Institute for Freedom of Expression, whose mission is to promote free speech, scholarship and law reform on emerging questions concerning traditional and new media. Developed in cooperation with Floyd, the Institute includes a clinic for Yale Law students to engage in litigation, draft model legislation, and advise lawmakers and policy makers on issues of media freedom and informational access.
The American Bar Association awarded Floyd its Certificate of Merit for his article published in The New York Times Magazine entitled "The New Effort to Control Information," which was described by the ABA as a "noteworthy contribution to public understanding of the American system of law and justice."
Described by Senator Daniel Patrick Moynihan as "the most significant First Amendment lawyer of our age," Floyd is top-ranked by Chambers USA. He is listed in Who’s Who Legal, Who’s Who in American Law, and has been awarded with Lifetime Achievement Awards by The New York Law Journal and The American Lawyer (2013).
Floyd, who served as chairman of Mayor Edward Koch's Committee on Appointments, New York City, served as the Chairman of the New York State Zenger Commemoration Planning Committee. Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.
He has appeared frequently on television on Nightline, the News Hour with Jim Lehrer, Charlie Rose and other programs and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere.
Floyd served on the Technology and Privacy Advisory Committee of the U.S. Department of Defense in 2003-4 and as the Chair of the New York State Commission on Public Access to Court Records in 2004.
For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005).
A. W. Walker Centennial Chair in Law, University of Texas at Austin School of Law
Professor Graglia has written widely in constitutional law--especially on judicial review, constitutional interpretation, race discrimination, and affirmative action--and also teaches and writes in the area of antitrust. He is the author of Disaster by Decree: The Supreme Court Decisions on Race and the Schools (Cornell, 1976) and many articles, including recently "Church of the Lukumi Babalu Aye: Of Animal Sacrifice and Religious Persecution" (Georgetown Law Journal, 1996). He has been a Visiting Professor at the University of Virginia School of Law.
Senior Advisor, Open Society Foundations
Morton H. Halperin is a senior advisor to the Open Society Foundations. In this capacity, he provides strategic guidance on U.S. and international issues. Halperin previously served as director of U.S. Advocacy for the Foundations.
Halperin has a distinguished career in federal government, having served in the Clinton, Nixon, and Johnson administrations. In the Clinton administration, Halperin was director of the Policy Planning Staff at the Department of State (1998–2001), special assistant to the president and senior director for democracy at the National Security Council (1994–1996), and consultant to the secretary of defense and the under secretary of defense for policy (1993). He was nominated by President Clinton for the position of assistant secretary of defense for democracy and peacekeeping. During the first nine months of the Nixon administration, Halperin was a senior staff member of the National Security Council staff with responsibility for National Security Planning (1969). In the Johnson administration, Halperin worked in the Department of Defense where he served as deputy assistant secretary of defense (International Security Affairs), responsible for political-military planning and arms control (1966–1969). He serves on the Board of the Millennium Challenge Corporation having been nominated by President Obama and confirmed by the Senate.
Halperin also has a long record as a Washington advocate on national and international issues. He spent many years at the American Civil Liberties Union (ACLU), serving as the director of the Washington office from 1984 to 1992, where he was responsible for the national legislative program as well as the activities of the ACLU Foundation based in the Washington office. Halperin also served as the director of the Center for National Security Studies from 1975 to 1992, where he focused on issues affecting both civil liberties and national security.
Halperin has been associated with a number of universities and think tanks including Harvard University where he taught for six years (1960–1966), the Council on Foreign Relations and the Center for American Progress (CAP). He has been widely published in newspapers and magazines across the world, and has authored, coauthored, and edited more than a dozen books.
The recipient of numerous awards, he serves on the boards of J Street and ONE.
Halperin holds a PhD in international relations from Yale University. He received his BA from Columbia College.
Former Judge, United States Court of Appeals, Ninth Circuit
Judge Kozinski served as a United States Circuit Judge for the Ninth Circuit from November 1985 until December 2017. He served as Chief Judge from 2007 to 2014. He graduated from UCLA, receiving an A.B. degree in 1972, and from UCLA Law School, receiving a J.D. degree in 1975.
Prior to his appointment to the appellate bench, Judge Kozinski served as Chief Judge of the United States Claims Court, 1982-85; Special Counsel, Merit Systems Protection Board, 1981-82; Assistant Counsel, Office of Counsel to the President, 1981; Deputy Legal Counsel, Office of President-Elect Reagan, 1980-81; Attorney, Covington & Burling, 1979-81; Attorney, Forry Golbert Singer & Gelles, 1977-79; Law Clerk to Chief Justice Warren E. Burger, 1976-77; and Law Clerk to Circuit Judge Anthony M. Kennedy, 1975-76.
Judge Kozinski is married to Marcy Jane Tiffany and has three children: Yale, Wyatt and Clayton, and three grandchildren: Quinn, Owen and Anna.
Former United States Assistant Attorney General, Civil Rights Division, United States Department of Justice
William Bradford served as the United States Assistant Attorney General for the Civil Rights Division from 1981 to 1988.
Reynolds was Senior Counsel in BakerBotts Antitrust and Competition division. He graduated with a LL.B. from Vanderbilt University Law School in 1967 where he was Order of the Coif and Editor-in-Chief of the Vanderbilt Law Review. In 1964, he received a B.A. from Yale University.
Reynolds passed away on September 14, 2019, in Seabrook Island, South Carolina at age 77.
U.S. Court of Appeals, D.C. Circuit
Judge Williams practiced law in New York City (at the firm of Debevoise Plimpton and as an Assistant U.S. Attorney) and then taught law at the University of Colorado Law School from 1969 to 1986, with visiting years at UCLA, SMU, and the University of Chicago (where he was also a fellow in law and economics). He was appointed to the U.S. Court of Appeals for the D.C. Circuit in 1986. His most recent book is a biography of Vasily Maklakov, The Reformer: How One Liberal Fought to Preempt the Russian Revolution (Encounter Books, 2017).
Senior Counsel, Cahill Gordon & Reindel LLP
Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group.
Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Most recently, Floyd prevailed in his argument before the Supreme Court on behalf of Senator Mitch McConnell as amicus curiae, defending the rights of corporations and unions to speak publicly about politics and elections in Citizens United v. Federal Election Commission. Floyd's clients have included The McGraw-Hill Companies in a large number of litigations around the country involving claims against its subsidiary, Standard & Poor’s Financial Services LLC, The New York Times in the Pentagon Papers case and others, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.
Floyd has represented Standard & Poor’s in litigations about its ratings; he defended the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; he represented two of the nation’s largest insurers in litigation under Section 17200 in California and he has frequently testified before congressional committees and prepared clients to do so. In 1998, he represented CNN in investigating and issuing a report on its broadcast accusing the United States of using nerve gas on a military mission in Laos in 1970, and again in 1999 in seeking to persuade the United States Senate to permit the public to view its deliberations as it determined whether or not to convict President Clinton of alleged high crimes and misdemeanors. He represented Nina Totenberg and National Public Radio in the 1992 "leak" investigation conducted by the United States Senate arising out of the confirmation hearing of Justice Clarence Thomas and, in 2004 and 2005, Judith Miller and Matthew Cooper in their efforts to avoid revealing their confidential sources.
In 2006, Floyd was elected to the American Academy of Arts & Sciences, an independent research center that conducts multidisciplinary studies of complex and emerging problems advanced by its 4,600 elected members, who are leaders in the academic disciplines, the arts, business and public affairs from around the world. In 2015, Floyd was honored by Yale Law School with its prestigious Award of Merit. Also in 2015, Floyd received the Walter Cronkite Freedom of Information Award presented by the Connecticut Foundation for Open Government. In 2011, Floyd was awarded the CUNY Graduate School of Journalism's Lifetime Achievement Award. In 1998, Floyd was the recipient of the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York. In November, 1999, he received the William J. Brennan, Jr. award of the Libel Defense Resource Center. Floyd was awarded, in 1997, the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York. Previously he had been awarded the Ross Essay Prize of the American Bar Association for his study of the Ninth Amendment of the United States Constitution. He has also received awards from, among others, the American Jewish Congress, Catholic University, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.
In November, 2011, Yale Law School announced the formation of The Floyd Abrams Institute for Freedom of Expression, whose mission is to promote free speech, scholarship and law reform on emerging questions concerning traditional and new media. Developed in cooperation with Floyd, the Institute includes a clinic for Yale Law students to engage in litigation, draft model legislation, and advise lawmakers and policy makers on issues of media freedom and informational access.
The American Bar Association awarded Floyd its Certificate of Merit for his article published in The New York Times Magazine entitled "The New Effort to Control Information," which was described by the ABA as a "noteworthy contribution to public understanding of the American system of law and justice."
Described by Senator Daniel Patrick Moynihan as "the most significant First Amendment lawyer of our age," Floyd is top-ranked by Chambers USA. He is listed in Who’s Who Legal, Who’s Who in American Law, and has been awarded with Lifetime Achievement Awards by The New York Law Journal and The American Lawyer (2013).
Floyd, who served as chairman of Mayor Edward Koch's Committee on Appointments, New York City, served as the Chairman of the New York State Zenger Commemoration Planning Committee. Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.
He has appeared frequently on television on Nightline, the News Hour with Jim Lehrer, Charlie Rose and other programs and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere.
Floyd served on the Technology and Privacy Advisory Committee of the U.S. Department of Defense in 2003-4 and as the Chair of the New York State Commission on Public Access to Court Records in 2004.
For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005).
A. W. Walker Centennial Chair in Law, University of Texas at Austin School of Law
Professor Graglia has written widely in constitutional law--especially on judicial review, constitutional interpretation, race discrimination, and affirmative action--and also teaches and writes in the area of antitrust. He is the author of Disaster by Decree: The Supreme Court Decisions on Race and the Schools (Cornell, 1976) and many articles, including recently "Church of the Lukumi Babalu Aye: Of Animal Sacrifice and Religious Persecution" (Georgetown Law Journal, 1996). He has been a Visiting Professor at the University of Virginia School of Law.
Senior Advisor, Open Society Foundations
Morton H. Halperin is a senior advisor to the Open Society Foundations. In this capacity, he provides strategic guidance on U.S. and international issues. Halperin previously served as director of U.S. Advocacy for the Foundations.
Halperin has a distinguished career in federal government, having served in the Clinton, Nixon, and Johnson administrations. In the Clinton administration, Halperin was director of the Policy Planning Staff at the Department of State (1998–2001), special assistant to the president and senior director for democracy at the National Security Council (1994–1996), and consultant to the secretary of defense and the under secretary of defense for policy (1993). He was nominated by President Clinton for the position of assistant secretary of defense for democracy and peacekeeping. During the first nine months of the Nixon administration, Halperin was a senior staff member of the National Security Council staff with responsibility for National Security Planning (1969). In the Johnson administration, Halperin worked in the Department of Defense where he served as deputy assistant secretary of defense (International Security Affairs), responsible for political-military planning and arms control (1966–1969). He serves on the Board of the Millennium Challenge Corporation having been nominated by President Obama and confirmed by the Senate.
Halperin also has a long record as a Washington advocate on national and international issues. He spent many years at the American Civil Liberties Union (ACLU), serving as the director of the Washington office from 1984 to 1992, where he was responsible for the national legislative program as well as the activities of the ACLU Foundation based in the Washington office. Halperin also served as the director of the Center for National Security Studies from 1975 to 1992, where he focused on issues affecting both civil liberties and national security.
Halperin has been associated with a number of universities and think tanks including Harvard University where he taught for six years (1960–1966), the Council on Foreign Relations and the Center for American Progress (CAP). He has been widely published in newspapers and magazines across the world, and has authored, coauthored, and edited more than a dozen books.
The recipient of numerous awards, he serves on the boards of J Street and ONE.
Halperin holds a PhD in international relations from Yale University. He received his BA from Columbia College.
Former Judge, United States Court of Appeals, Ninth Circuit
Judge Kozinski served as a United States Circuit Judge for the Ninth Circuit from November 1985 until December 2017. He served as Chief Judge from 2007 to 2014. He graduated from UCLA, receiving an A.B. degree in 1972, and from UCLA Law School, receiving a J.D. degree in 1975.
Prior to his appointment to the appellate bench, Judge Kozinski served as Chief Judge of the United States Claims Court, 1982-85; Special Counsel, Merit Systems Protection Board, 1981-82; Assistant Counsel, Office of Counsel to the President, 1981; Deputy Legal Counsel, Office of President-Elect Reagan, 1980-81; Attorney, Covington & Burling, 1979-81; Attorney, Forry Golbert Singer & Gelles, 1977-79; Law Clerk to Chief Justice Warren E. Burger, 1976-77; and Law Clerk to Circuit Judge Anthony M. Kennedy, 1975-76.
Judge Kozinski is married to Marcy Jane Tiffany and has three children: Yale, Wyatt and Clayton, and three grandchildren: Quinn, Owen and Anna.
U.S. Court of Appeals, D.C. Circuit
Judge Williams practiced law in New York City (at the firm of Debevoise Plimpton and as an Assistant U.S. Attorney) and then taught law at the University of Colorado Law School from 1969 to 1986, with visiting years at UCLA, SMU, and the University of Chicago (where he was also a fellow in law and economics). He was appointed to the U.S. Court of Appeals for the D.C. Circuit in 1986. His most recent book is a biography of Vasily Maklakov, The Reformer: How One Liberal Fought to Preempt the Russian Revolution (Encounter Books, 2017).
Former United States Assistant Attorney General, Civil Rights Division, United States Department of Justice
William Bradford served as the United States Assistant Attorney General for the Civil Rights Division from 1981 to 1988.
Reynolds was Senior Counsel in BakerBotts Antitrust and Competition division. He graduated with a LL.B. from Vanderbilt University Law School in 1967 where he was Order of the Coif and Editor-in-Chief of the Vanderbilt Law Review. In 1964, he received a B.A. from Yale University.
Reynolds passed away on September 14, 2019, in Seabrook Island, South Carolina at age 77.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
Senior Fellow, Claremont Institute and Adjunct Professor, John Hopkins University
Ken Masugi, non-resident Senior Fellow at the Claremont Institute, has had diverse careers in academia, think-tanks, and government. He teaches graduate courses for Johns Hopkins University’s Center for Advanced Studies in American Government in Washington, DC. He has held positions at a variety of universities and college programs, including a federal prison and Princeton University. He taught for three years at the U.S. Air Force Academy, where he was John M. Olin Distinguished Visiting Professor.
Masugi has also served in the federal government for ten years, as a special assistant and speechwriter to the heads of the Departments of Labor and Justice and the U.S. Equal Employment Opportunity Commission. He is the co-author, co-editor, or editor of 10 books on American politics and author of over 100 articles and reviews on American politics, political philosophy, constitutional development, and films. He is a regular columnist for the web magazine American Greatness. He has recorded CDs of lectures on American presidential rhetoric and Tocqueville’s Democracy in America. He has helped develop the Claremont Institute as Director of the Bicentennial of the Constitution project, Editor of The Claremont Review of Books, and inaugural director of the Center for Local Government.
Masugi is currently preparing a monograph on Alexis de Tocqueville’s Democracy in America and a series of studies on Aristotle’s political philosophy. He is working on a book on the Declaration of Independence and changing American diversity. He is the recipient of several academic honors, including a Fulbright scholarship to the University of Cologne, Germany (1975-76), and has lectured at a variety of American and international institutions. He holds his B.A., with honors, from Claremont McKenna College and his Ph.D. from The New School for Social Research.
Associate Professor, Boston College Law School
The scholarship of Dean Hashimoto focuses on the interface of law, science and medicine, especially in the areas of health care policy and the role of scientific evidence in the courtroom. Educated as both an attorney and physician, he teaches torts, environmental litigation, health care law, and evidence. He has also studied the internment of citizens and aliens of Japanese heritage in World War II and written about the constitutional law cases decided in that era. Professor Hashimoto is the faculty director for the Boston College Law School's JD/MPH dual degree program with Tufts School of Medicine.
Professor Hashimoto served as a Notes Editor on the Yale Law Journal and, after graduating from law school, as a law clerk to Justice William Brennan of the U.S. Supreme Court and Judge David Bazelon of the U.S. Court of Appeals in Washington, D.C. He also practiced as a litigator for the Williams & Connolly law firm in Washington, D.C. and as a health care attorney for Ropes & Gray in Boston before joining the Boston College faculty.
Professor Hashimoto received his postgraduate medical training at the Brigham and Women's Hospital and the Harvard School of Public Health. He is a board-certified specialist in occupational and environmental medicine and serves as the chief of this specialty at the Massachusetts General Hospital and the Brigham and Women's Hospital.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Professor of Law, University of Notre Dame Law School
Gerard V. Bradley is Professor of Law at the University of Notre Dame, where he teaches Legal Ethics and Constitutional Law. At Notre Dame he directs (with John Finnis) the Natural Law Institute and co-edits The American Journal of Jurisprudence, an international forum for legal philosophy. Bradley has been a Visiting Fellow at the Hoover Institution of Stanford University, and a Senior Fellow of the Witherspoon Institute, in Princeton, New Jersey. He served for many years as President of the Fellowship of Catholic Scholars.
Bradley received his B.A and J.D. degrees from Cornell University, graduating Summa cum laude from the law school in 1980. After serving in the Trial Division of the Manhattan District Attorney’s Office he joined the law faculty at the University of Illinois. He moved to Notre Dame in 1992. Bradley has published over one hundred scholarly articles and reviews. His most recent books are an edited collection of essays titled, Challenges to Religious Liberty in the Twenty-First Century (published by Cambridge University Press in 2012), Essays on Law, Religion, and Morality and Unquiet Americans: U.S. Catholics and the Common Good (both to be published in 2014.) He is currently working on a book about regulating obscenity in the Internet Age.
Deputy Legal Director and Director of Center for Liberty, ACLU
Louise Melling is a Deputy Legal Director at the ACLU and the Director of its Center for Liberty, which encompasses the ACLU’s work on reproductive freedom, women’s rights, lesbian gay bisexual and transgender rights, freedom of religion and belief, and disability rights. In this role, she leads the work of the ACLU to address the intersection of religious freedom and equal treatment, among other issues.
Melling has established the ACLU as a national leader in opposing the use of religion to discriminate and in supporting state advocacy teams that have pushed back legislation that would permit discrimination in the name of religion. She has overseen groundbreaking litigation, including cases challenging Catholic hospitals that refuse to provide care consistent with medical ethics and businesses that claim a right to discriminate in the name of religion or speech.
In her time as Director of the Center for Liberty, the ACLU has pursued a program of litigation, advocacy, and public education campaigns that culminated in the 2015 Supreme Court decision recognizing the fundamental right to marry for same-sex couples. Under her leadership, the Center has also challenged innumerable state laws that restrict women’s access to abortion, the federal government policy barring women from serving in combat, school policies that foster sex stereotypes and deny transgender students’ rights, policies and practices that discriminate against Muslims, the use and abuse of guardianship, and government promotion of religion.
Melling has been with the ACLU since 1992, serving in several roles before becoming a Deputy Legal Director in 2010. In 2003, she became Director of the Reproductive Freedom Project, where she oversaw nationwide litigation, public opinion research, public education campaigns, and advocacy efforts in the state legislatures. She has appeared in federal and state courts around the country, most often to challenge laws that restrict reproductive rights.
Melling has appeared in many media outlets, including CNN, PBS News Hour, Frontline, MSNBC, the New York Times, and USA Today. Her opinion pieces have appeared in the Washington Post and The Guardian, among others.
In addition, she is the author of several articles, including Religious Refusals to Public Accommodations Laws: Four Reasons to Say No, 38 Harv J. of Law and Gender (2015); Follow the Money: Ending Discrimination against Women in Hospitals, 15 Georgetown Journal of Gender and the Law 435 (2014) (co-authored with Sarah Lipton-Lubet); Lift the Scarlet Letter from Abortion, 35 Cardozo Law Review 1715 (2014); and The Legal Education of Twenty Women, 40 Stan. L. Rev. 1299 (1988) (co-authored with Catherine Weiss).
She is a graduate of the Yale Law School and Oberlin College. Prior to joining the ACLU, Melling clerked for Judge Morris Lasker of the Southern District of New York and worked for Rabinowitz, Boudin, Standard, Krinsky & Lieberman.
Judge, United States Court of Appeals, Fifth Circuit
Andrew Oldham is a Circuit Judge on the United States Court of Appeals for the Fifth Circuit. Before ascending to the bench, Judge Oldham served as General Counsel to Texas Governor Greg Abbott, where he advised the Governor on a range of issues under federal and state law and managed litigation in which the Governor was an interested party. Before that he served as Deputy Solicitor General for the State of Texas, where he represented Texas in federal courts across the country, including twice before the United States Supreme Court. Before moving to Texas, Judge Oldham was an attorney at Kellogg Hansen Todd Figel & Frederick in Washington, D.C. His practice focused on appellate litigation in federal courts of appeals throughout the country. Before entering private practice, Judge Oldham served as a law clerk to Justice Samuel A. Alito, Jr., at the Supreme Court of the United States and to Judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit. He also worked as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice from 2006 to 2008. Judge Oldham earned a B.A. from the University of Virginia with highest honors, a Truman Scholarship for graduate school, an M. Phil., first class (with distinction), from Cambridge University, and a J.D., magna cum laude, from Harvard Law School.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Professor of Law, University of Notre Dame Law School
Gerard V. Bradley is Professor of Law at the University of Notre Dame, where he teaches Legal Ethics and Constitutional Law. At Notre Dame he directs (with John Finnis) the Natural Law Institute and co-edits The American Journal of Jurisprudence, an international forum for legal philosophy. Bradley has been a Visiting Fellow at the Hoover Institution of Stanford University, and a Senior Fellow of the Witherspoon Institute, in Princeton, New Jersey. He served for many years as President of the Fellowship of Catholic Scholars.
Bradley received his B.A and J.D. degrees from Cornell University, graduating Summa cum laude from the law school in 1980. After serving in the Trial Division of the Manhattan District Attorney’s Office he joined the law faculty at the University of Illinois. He moved to Notre Dame in 1992. Bradley has published over one hundred scholarly articles and reviews. His most recent books are an edited collection of essays titled, Challenges to Religious Liberty in the Twenty-First Century (published by Cambridge University Press in 2012), Essays on Law, Religion, and Morality and Unquiet Americans: U.S. Catholics and the Common Good (both to be published in 2014.) He is currently working on a book about regulating obscenity in the Internet Age.
Deputy Legal Director and Director of Center for Liberty, ACLU
Louise Melling is a Deputy Legal Director at the ACLU and the Director of its Center for Liberty, which encompasses the ACLU’s work on reproductive freedom, women’s rights, lesbian gay bisexual and transgender rights, freedom of religion and belief, and disability rights. In this role, she leads the work of the ACLU to address the intersection of religious freedom and equal treatment, among other issues.
Melling has established the ACLU as a national leader in opposing the use of religion to discriminate and in supporting state advocacy teams that have pushed back legislation that would permit discrimination in the name of religion. She has overseen groundbreaking litigation, including cases challenging Catholic hospitals that refuse to provide care consistent with medical ethics and businesses that claim a right to discriminate in the name of religion or speech.
In her time as Director of the Center for Liberty, the ACLU has pursued a program of litigation, advocacy, and public education campaigns that culminated in the 2015 Supreme Court decision recognizing the fundamental right to marry for same-sex couples. Under her leadership, the Center has also challenged innumerable state laws that restrict women’s access to abortion, the federal government policy barring women from serving in combat, school policies that foster sex stereotypes and deny transgender students’ rights, policies and practices that discriminate against Muslims, the use and abuse of guardianship, and government promotion of religion.
Melling has been with the ACLU since 1992, serving in several roles before becoming a Deputy Legal Director in 2010. In 2003, she became Director of the Reproductive Freedom Project, where she oversaw nationwide litigation, public opinion research, public education campaigns, and advocacy efforts in the state legislatures. She has appeared in federal and state courts around the country, most often to challenge laws that restrict reproductive rights.
Melling has appeared in many media outlets, including CNN, PBS News Hour, Frontline, MSNBC, the New York Times, and USA Today. Her opinion pieces have appeared in the Washington Post and The Guardian, among others.
In addition, she is the author of several articles, including Religious Refusals to Public Accommodations Laws: Four Reasons to Say No, 38 Harv J. of Law and Gender (2015); Follow the Money: Ending Discrimination against Women in Hospitals, 15 Georgetown Journal of Gender and the Law 435 (2014) (co-authored with Sarah Lipton-Lubet); Lift the Scarlet Letter from Abortion, 35 Cardozo Law Review 1715 (2014); and The Legal Education of Twenty Women, 40 Stan. L. Rev. 1299 (1988) (co-authored with Catherine Weiss).
She is a graduate of the Yale Law School and Oberlin College. Prior to joining the ACLU, Melling clerked for Judge Morris Lasker of the Southern District of New York and worked for Rabinowitz, Boudin, Standard, Krinsky & Lieberman.
Judge, United States Court of Appeals, Fifth Circuit
Andrew Oldham is a Circuit Judge on the United States Court of Appeals for the Fifth Circuit. Before ascending to the bench, Judge Oldham served as General Counsel to Texas Governor Greg Abbott, where he advised the Governor on a range of issues under federal and state law and managed litigation in which the Governor was an interested party. Before that he served as Deputy Solicitor General for the State of Texas, where he represented Texas in federal courts across the country, including twice before the United States Supreme Court. Before moving to Texas, Judge Oldham was an attorney at Kellogg Hansen Todd Figel & Frederick in Washington, D.C. His practice focused on appellate litigation in federal courts of appeals throughout the country. Before entering private practice, Judge Oldham served as a law clerk to Justice Samuel A. Alito, Jr., at the Supreme Court of the United States and to Judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit. He also worked as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice from 2006 to 2008. Judge Oldham earned a B.A. from the University of Virginia with highest honors, a Truman Scholarship for graduate school, an M. Phil., first class (with distinction), from Cambridge University, and a J.D., magna cum laude, from Harvard Law School.
Panel IV: The Open-Ended Clauses of the Constitution: Due Process, Privileges or Immunities, the Guarantee Clause and the Ninth Amendment [Archive Collection]
Floyd Abrams, Lino A. Graglia, Morton H. Halperin, Alex Kozinski, Wm. Bradford Reynolds, Stephen F. Williams
On January 30-31, 1987, the Federalist Society hosted its annual National Lawyers Convention at the...
Panel IV: The Open-Ended Clauses of the Constitution: Due Process, Privileges or Immunities, the Guarantee Clause and the Ninth Amendment [Archive Collection]
Floyd Abrams, Lino A. Graglia, Morton H. Halperin, Alex Kozinski, Stephen F. Williams, Wm. Bradford Reynolds
On January 30-31, 1987, the Federalist Society hosted its annual National Lawyers Convention at the...
KOREMATSU VERSUS US
Nadine Strossen, Ken Masugi, Dean M. Hashimoto
Seventy-five years ago, the Supreme Court issued one of its most controversial decisions--in Korematsu v....
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Portland Lawyers Chapter
Portland, ORShould Hate Speech Be Censored? [POLICYbrief]
Nadine Strossen
Should the US government censor hate speech? Nadine Strossen, Professor of Law at New York...
Litigation Update: Title VII Cases
John J. Bursch
RG & GR Harris Funeral Homes has been serving the Detroit area for more than...
Litigation Update: Title VII Cases
TeleforumTopics
Questioning Citizenship vs. Questioning the Question
It will be interesting to see how much of the upcoming Supreme Court argument in Department...
Masterpiece Cakeshop and Its Implications
2018 National Lawyers Convention
Washington, DCMasterpiece Cakeshop and Its Implications
Thomas C. Berg, Gerard V. Bradley, Louise Melling, Andrew Oldham
The Supreme Court’s decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission was unexpectedly based...