Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Senior Policy Analyst, Constitutional Policy, Center for American Progress
Ian Millhiser is the Senior Constitutional Policy Analyst for American Progress, where his work focuses on the Constitution and the judiciary.
Ian previously was a Policy Analyst and Blogger for ThinkProgress, held the open government portfolio for CAP’s Doing What Works project, and was a Legal Research Analyst with ThinkProgress during the nomination and confirmation of Justice Sonia Sotomayor to the United States Supreme Court. He also clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit, and has worked as an attorney with the National Senior Citizens Law Center’s Federal Rights Project, as assistant director for communications with the American Constitution Society, and as a Teach For America corps member in the Mississippi Delta.
He received a B.A. in philosophy from Kenyon College and a J.D., magna cum laude, from Duke University, where he served as senior note editor on the Duke Law Journal and was elected to the Order of the Coif. Ian is a frequent speaker on constitutional topics, and has spoken at numerous law schools including Yale, Michigan, Georgetown, Berkeley, New York University, and Boston College. His writings appeared in a diversity of legal and mainstream publications, including The New York Times, the Los Angeles Times, U.S. News and World Report, The Guardian, AOLNews, The American Prospect, Politico, Huffington Post, Slate, The National Law Journal, The Yale Law & Policy Review, and The Duke Law Journal. He has been a guest on CNN, MSNBC, Al Jazerra, and Fox News, and many radio stations including NPR and the BBC.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Professor, Florida State University College of Law
Professor Steve Johnson is a recognized national scholar on tax litigation and procedure, including legislative and administrative law topics in tax. He teaches Income Taxation, Partnership Taxation and Administrative Law. His publications include two casebooks, Civil Tax Procedure (2d ed., Lexis-Nexis 2007) (with David Richardson & Jerome Borison) and Tax Crimes (Lexis-Nexis 2008) (with Scott Schumacher, Larry Campagna & John Townsend), as well as numerous articles on tax procedure and on tax law. While a law student, he was managing editor of the New York University Law Review.
Johnson practiced tax law in New York City, after which he served as a senior attorney with the IRS Chief Counsel’s Office and a special assistant United States attorney in Jacksonville, Florida. He was a founding faculty member at the University of Nevada, Las Vegas School of Law, where he was the 2008 Outstanding Faculty Member. In addition, he taught at Indiana University School of Law and visited at Chicago-Kent College of Law and University of California Hastings College of Law.
Knights of Columbus Professor of Law and the Catholic Tradition, The Catholic University of America Columbus School of Law
Kevin C. Walsh teaches and writes in the areas of federal jurisdiction, constitutional law, and the U.S. Supreme Court. His scholarship explores the doctrines that define—and delimit—the scope of federal judicial power.
Professor Walsh graduated from Harvard Law School, where he was Articles Chair for Volume 115 of the Harvard Law Review. After graduation, he clerked for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit and Associate Justice Antonin Scalia of the Supreme Court of the United States. He then practiced law at Hunton & Williams LLP and taught as a visiting assistant professor at Villanova University School of Law. Walsh received his A.B. from Dartmouth College, and an M.A. in Theological Studies from the University of Notre Dame. He taught at the University of Richmond School of Law for thirteen years prior to joining The Catholic University of America, where he currently resides.
In early 2011, Professor Walsh filed two amicus curiae briefs addressing jurisdictional issues in the State challenges to the individual mandate in the federal healthcare reform legislation: a brief in Virginia v. Sebelius (United States Court of Appeals for the Fourth Circuit), and a brief in Florida v. HHS (United States Court of Appeals for the Eleventh Circuit).
Professor of Law, Case Western Reserve University School of Law
Professor Dent taught law at New York University, Cardozo, and the New York Law School before joining the faculty in 1990. Earlier he had clerked for Judge Paul R. Hays of the U.S. Court of Appeals, Second Circuit, and practiced corporate law in New York with Debevoise, Plimpton, Lyons & Gates. He teaches Business Associations, Mergers and Acquisitions, and Business Planning and is the faculty supervisor for the Business Organizations Concentration. He has published many articles on corporate and securities law, including “Academics in Wonderland: The Team Production and Director Primacy Models of Corporate Governance,” Houston Law Review (2008); “Corporate Governance: Still Broke, No Fix in Sight,” Journal of Corporation Law (2005); “Lawyers and Trust in Business Alliances,” Business Lawyer (2002); and “Gap Fillers and Fiduciary Duties in Strategic Alliances,” The Business Lawyer (2001). He also writes on law and religion, as in “Civil Rights for Whom: Gay Rights Versus Religious Freedom,” University of Kentucky Law Journal (2006-07); and “How Does Same-Sex Marriage Threaten You?,” Rutgers Law Review (2007). Mr. Dent serves as a director of the National Association of Scholars and as president of the Ohio Association of Scholars. He serves as an officer of Cleveland Chapter of the Federalist Society. He heads the Law Section of the Association for the Study of Free Institutions. He is chairman of the Ohio State Advisory Committee to the U.S. Commission on Civil Rights.
Partner, Stone Pigman Walther Wittmann LLC
Mr. Thomson concentrates his practice in white collar criminal defense, government investigations, and corporate compliance. He has tried over 50 criminal trials to verdict in federal and state courts, and has experience in appellate litigation. His practice also includes civil litigation and information security. Prior to joining Stone Pigman, Mr. Thomson had a 23 year career as a federal prosecutor with the U.S. Department of Justice. He served on special assignment with the National Security Agency, where he worked on matters involving information assurance and intelligence collection.
Prior to private practice, Mr. Thomson was recognized numerous times by government agencies, including a Special Commendation Award given by the U.S. Attorney General for completing the Justice Department's Leadership Excellence and Achievement Program; Special Commendation by FBI Director for outstanding performance for successful corruption prosecution after Hurricane Katrina; Special Award from the U.S. Postal Service for prosecution of corrupt employee; Special Award by New Orleans Police Department, ATF and U.S. Department of Justice for his contributions to Project Exile; and Special Awards for Outstanding Contributions to Drug Law Enforcement from the Drug Enforcement Administration.
Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom
Gregory S. Baylor serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Religious Schools and senior counsel with the Center for Public Policy.
Since joining ADF in 2009, Baylor has focused on defending and advancing the religious freedom of faith-based educational institutions through advice, education, legislative and public advocacy, and representation in disputes. He has testified about religious liberty issues three times before congressional committees and numerous times before state legislative committees.
Greg serves on the board of directors of the International Alliance for Christian Education, the board of directors of the Association for Biblical Higher Education, the board of directors of the Association for Christian Schools International, the board of advisors of the Museum of the Bible, and advisory board of the Center for Academic Faithfulness and Flourishing.
Greg earned his Juris Doctor in 1990 from Duke University School of Law, where he graduated Order of the Coif, with high honors, and served on the editorial board of the Duke Law Journal. He received his bachelor’s degree in Honors English in 1987 from Dartmouth College. Following graduation from law school, he served as law clerk to the Hon. Jerry E. Smith on the U.S. Court of Appeals for the Fifth Circuit. He practiced labor and employment law at two large international law firms for three years before joining the staff of Christian Legal Society’s Center for Law and Religious Freedom, where he served for 15 years prior to joining ADF. He lives in Northern Virginia with his wife (a medical doctor) and two daughters.
Vice Dean, Clinical Professor of Law, and Judge Leonard I. Garth, Rutgers-Newark Law
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
Fla. v. Dept. of Health and Human Services & Nat'l Fed. of Ind. Business v. Sebelius - Severability - Post-Argument SCOTUScast
David B. Rivkin, Ian Millhiser
On March 28, 2012, the Supreme Court heard oral argument in Fla. v. Dept. of Health...
U.S. Department of Health and Human Services v. Florida - Individual Mandate - Post-Argument SCOTUScast
Ilya Somin, Orin S. Kerr
On March 26-27, 2012, the Supreme Court heard oral argument in U.S. Department of Health and...
U.S. Department of Health and Human Services v. Florida - Anti-Injunction - Post-Argument SCOTUScast
Steve Johnson, Kevin C. Walsh
On March 26 and 27, 2012, the Supreme Court heard oral argument in U.S. Department...
February 2012 Bar Watch Update
In advance of the 2012 ABA Midyear Meetings in New Orleans, we are pleased to...
Perry v. Schwarzenegger: Is Traditional Marriage Unconstitutional?
George W. Dent
Note from the Editor: This article and the article in this issue by Mark Strasser...
A Comprehensive Strategy Targeting Recidivist Criminals with Continuous Real-Time GPS Monitoring: Is Reverse Engineering Crime Control Possible?
Peter M. Thomson
One of the most pressing criminal justice challenges facing the nation is reducing the incidence...
Did the Supreme Court Properly Decide Christian Legal Society v. Martinez?
Gregory Baylor, Ronald Chen
Let me start with a story. In September of 1969, most Americans still supported military...
Is FINRA Constitutional?
Joseph McLaughlin
It would come as news to most Americans that large parts of our economy are...
The Unbearable Rightness of Marbury v. Madison: Its Real Lessons and Irrepressible Myths
William H. Pryor
For the last several years, I have taught Federal Jurisdiction at the University of Alabama...
Ninth Circuit Amends the Clean Water Act . . . or Does It?
Mark C. Rutzick
Images of Northwoods logging giant Paul Bunyon have faded for most Americans, but the cable...