Bruce C. Hafen Professor of Law, Brigham Young University, J. Reuben Clark Law School
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Professor of Law, Quinnipiac University School of Law
Stephen G. Gilles joined the Quinnipiac School of Law faculty in 1995. He teaches courses in tort, insurance, administrative, and advanced constitutional law and in law and economics. His research interests include tort law, especially negligence and strict liability, and constitutional law, especially parental and abortion rights. His recent publications include “The Judgment-Proof Society,” in the Washington & Lee Law Review and “Parental (and Grandparental) Rights after Troxel v Granville” in the Supreme Court Economic Review. Before joining the School of Law, he clerked for Judge Robert Bork and U.S. Supreme Court Justice Sandra Day O’Connor, practiced as an appellate litigator, and taught at the University of Chicago Law School. He is married and has six children.
Senior Counsel, Becket Fund for Religious Liberty
William J. Haun is Senior Counsel at the Becket Fund for Religious Liberty and a Nonresident Fellow at the American Enterprise Institute (AEI). At Becket, Will litigates nationwide in defense of religious liberty for all faith traditions, particularly before the U.S. Supreme Court and in other federal and state appellate courts. His litigation includes being a member of the U.S. Supreme Court team that prevailed 9-0 for Catholic Social Services in Fulton v. City of Philadelphia, arguing before multiple federal appellate courts, federal district courts, and the Supreme Court of Texas. At AEI, Will writes and researches on constitutionalism and self-government’s prerequisites, especially the role of religion in securing and preserving freedom.
Before joining Becket and AEI, Will practiced appellate and antitrust law at two international law firms—Shearman & Sterling and Hunton & Williams. He also served as a law clerk to Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit and Judge Claude Hilton of the U.S. District Court for the Eastern District of Virginia. Will often writes on constitutional law issues, including in the Harvard Journal of Law & Public Policy, the Catholic University Law Review, National Affairs, Law & Liberty, National Review Online, the Wall Street Journal, and the Washington Post. He also speaks on these topics, including at the Catholic University of America, Columbus School of Law, Princeton University, the University of Virginia School of Law, and the University of Chicago Law School. He received his J.D. from the Catholic University of America, cum laude, where he was a published member of the Law Review. He received his B.A. from American University in political science, cum laude. He lives in Maryland with his wife and children, where they enjoy sailing, cheering on their favorite baseball teams, and discovering the great traditions of their Catholic faith.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Associate, Bopp, Coleson & Bostrom, Terre Haute, Indiana; B.A. (honors), Calvin College, 2001; J.D., Valparaiso University School of Law, 2004.
Senior Fellow and Director, Center for the Economics of the Internet, Hudson Institute
Harold Furchtgott-Roth is a senior fellow and director of the Center for the Economics of the Internet at Hudson Institute.
Mr. Furchtgott-Roth founded Furchtgott-Roth Economic Enterprises in 2003. He frequently comments on issues related to the communications sector of the economy. From 2001 to 2003, he was a visiting fellow at the American Enterprise Institute where he published A Tough Act to Follow, chronicling the difficulties implementing the Telecommunications Act of 1996.
From 1997 through 2001, Mr. Furchtgott-Roth served as a commissioner of the Federal Communications Commission. In that capacity, he served on the Joint Board on Universal Service. He is one of the few economists to have served as a federal regulatory commissioner, and the only one to have served on the Federal Communications Commission.
Before his appointment to the FCC, he was chief economist for the House Committee on Commerce and a principal staff member on the Telecommunications Act of 1996. Earlier in his career, he was a senior economist with Economists Incorporated and a research analyst with the Center for Naval Analyses.
Mr. Furchtgott-Roth is a member of the Washington Legal Foundation’s Legal Policy Advisory Board. He is the coauthor of three books: Cable TV: Regulation or Competition, with R.W. Crandall; Economics of A Disaster: The Exxon Valdez Oil Spill, with B.M. Owen et al; and International Trade in Computer Software, with S.E. Siwek.
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).
Associate Professor of Law and Director, Religious Liberty Clini, Stanford Law School
Jim Sonne is a professor at law at Stanford Law School, and is the founding director of the law school’s Religious Liberty Clinic, the only full-time program in the country where students learn the practice of law through supervised litigation in that field. He is an experienced and award-winning teacher, practitioner, and scholar, with expertise in law and religion issues.
Professor Sonne received his BA with honors from Duke University and his JD with honors from Harvard Law School. He is a former law clerk to Judge Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit. Before joining the law school in 2012, Sonne was an appellate lawyer at Horvitz & Levy in Los Angeles.
“Conscience Exemptions”
Lynn Wardle
Note from the Editor: This paper discusses the meaning, history, and present application of conscience...
Mandatory Liability Insurance for Firearm Owners: Design Choices and Second Amendment Limits
Nelson Lund, Stephen G. Gilles
Some twenty-five years ago, one of us sketched out a rationale for using mandatory liability...
Religious Liberty in the New Millennium
Irvine, CaliforniaThe Clean Air Act as an Obstacle to the Environmental Protection Agency’s Anticipated Attempt to Regulate Greenhouse Gas Emissions from Existing Power Plants
William J. Haun
For roughly two decades, the bipartisan consensus of the U.S. Congress on the regulation of...
Book Reviews: Mismatch and Wounds That Will Not Heal
Roger B. Clegg
Note from the Editor: This feature reviews two new books on affirmative action in anticipation...
Pennsylvania High Court Hears Challenge to Voter ID Law
Anita Y. Woudenberg
Voter ID laws, defined as laws requiring photo evidence of identification at the polls, are...
Assessing Competition in the Wireless Sector: How DoJ Can Clear Away the Fog from Proposed Mergers
Harold W. Furchtgott-Roth
I. Introduction and Background Over the past twenty years, the American wireless sector has grown...
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...