Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
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.
David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
G. Edward White joined the Virginia law faculty in 1972 after a clerkship with Chief Justice Earl Warren of the Supreme Court of the United States and a year as visiting scholar at the American Bar Foundation. He was appointed John B. Minor Professor of Law and History in 1987, and held that chair until 2003, when he became David and Mary Harrison Distinguished Professor of Law. In 1992, he was appointed to a University Professorship, which he held until 2003. From 1990 until 1992 and from 2001-03, he was the Sullivan & Cromwell Research Professor; from 1994-97 the E. James Kelly Research Professor; and from 1999-2001 the Class of 1963 Research Professor. He has held visiting appointments at New York Law School, William & Mary School of Law, Brooklyn Law School, Arizona College of Law, the London School of Economics and Political Science, and Harvard Law School. He has been a Guggenheim Fellow, and twice a senior fellow of the National Endowment for the Humanities. He is a fellow of the American Academy of Arts & Sciences, a fellow of the Society of American Historians, and a member of the American Law Institute.He received the Roger and Madeleine Traynor Faculty Achievement Award in 2008.
White's 14 published books have won numerous honors and awards. These include final listing for the Pulitzer Prize in history, the Silver Gavel Award from the American Bar Association, the James Willard Hurst Prize from the Law & Society Association, the Littleton-Griswold Prize from the American Historical Association, the Scribes Award and the Association of American Law Schools' Triennial Coif Award. White's books have garnered 15 such honors and awards since 1976.
White was editor of the Studies in Legal History series for the North Carolina Press from 1980-85, and advisor on law manuscripts for Oxford University Press from 1986-96. He was on the editorial board of the Virginia Quarterly Review from 1980-2002. He has served on the Commission for Undergraduate Education in Law and the Humanities, and has taught summer humanities seminars for lawyers and judges under the auspices of the National Endowment for the Humanities.
White has delivered several endowed lectures, including the inaugural John Marshall Lecture, sponsored by the Boston Bar Association; the inaugural Jerome Hall Lecture at Hastings College of Law; the Swinford Lecture, sponsored by the University of Kentucky School of Law and the Kentucky Bar Association; the Keck Lecture at Amherst College, the Rosenthal Lectures at Northwestern University School of Law; the Neesima Lectures at Doshisha University, Japan; the Fulton Lecture at the University of Chicago School of Law and the Knowlton Distinguished Lecture at the University of South Carolina School of Law. His most recent lecture was the 2010 Hendricks Law and History Lecture at Washington & Lee Law School.
White's 1996 book, Creating the National Pastime: Baseball Transforms Itself, 1903-1953, reflects his life-long participation and interest in athletics. He lettered in four sports in college, formerly coached the Charlottesville High School girls soccer team, and has won a number of state- and citywide tournaments in doubles squash.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
In 1994, Professor of Law Michael I. Krauss became the law school's first recipient of the university's "Teacher of the Year" award for his engaging and challenging approach in the classroom. Born in the United States but raised in Canada, Professor Krauss speaks legalese in two languages. He earned his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School, where he was a Commonwealth Scholar. He was Columbia University's Law and Economics Fellow in 1981. He has been teaching at George Mason since 1987 and also has taught at the law schools of Seattle University, the University of Toronto, and the Université de Sherbrooke.
Hired as a law clerk by Justice Louis-Philippe Pigeon of Canada's Supreme Court, Professor Krauss practiced law for Quebec City's largest law firm before entering academia. He also served for five years on Québec's Human Rights Commission. A Salvatori Fellow of the Heritage Foundation and an academic fellow of the Foundation for the Defense of Democracies, Professor Krauss sits on the advisory boards of several think tanks. He served as president of the Virginia Association of Scholars and on the Board of Governors of the Education Section of the Virginia State Bar, and is currently a member of the Board of Governors of the National Association of Scholars.
Professor Krauss teaches Torts, Legal Ethics and Jurisprudence, and has a strong interest in national security issues. His research on torts and ethics is nationally known. He co-authored the first edition of Legal Ethics in a Nutshell in May 2003. This book digests the Model Rules in an engaging and often critical fashion. The second edition was published in 2006. Professor Krauss is now under contract with West Publications to produce an innovative textbook on Products Liability in late 2008.
Professor Krauss received his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Wisconsin State Representative
State Representative Jon Richards represents Milwaukee's East Side, Downtown, and Bay View neighborhoods in the Wisconsin State Assembly's 19th district. He was first elected to the Wisconsin State Assembly in 1998, and has been re-elected ever since.
Jon is an attorney in Milwaukee. He owns a home in the Brady Street neighborhood of Milwaukee. Before entering law school, Jon worked as an English teacher in Japan, volunteered with Mother Teresa in Calcutta, India and worked as a reporter for business newspapers in Milwaukee and San Francisco. He is a graduate of Lawrence University in Appleton, Wisconsin, the University of Wisconsin Law School, and attended Keio University in Tokyo.
Jon has been a champion of reforming healthcare in Wisconsin. As chair of the Assembly committee on Health and Healthcare Reform, he has led the effort in the Legislature to reduce health care costs, cover every Wisconsinite with health insurance and promote wellness-based health care. Jon was the Assembly author of the statewide smoking ban. Jon also led the effort for the largest investment ever in UWM from the State of Wisconsin.
Jon is very active in the Milwaukee community. He is a four-time winner of the "Milwaukee's Best Legislator" award from theShepherd Express. He is a volunteer Big Brother with Big Brothers, Big Sisters of Metro Milwaukee. He is a member of the Brady Street Area Association, Immanuel Presbyterian Church, and the Bay View Lions Club.
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.
Wisconsin Attorney General
John Byron ("J.B.") Van Hollen, Wisconsin's 43rd Attorney General, was elected on November 7, 2006, and assuming office on January 1, 2007.
During his campaign for Attorney General, Van Hollen identified the backlog of forensic DNA evidence in the State Crime Lab as the single most important public safety issue facing the Department of Justice and Wisconsin's justice system. Within weeks of becoming Attorney General, General Van Hollen worked with members of both parties in the Legislature and Governor Jim Doyle to secure an unprecedented 31 positions to address the Wisconsin Crime Lab backlog. With efficiencies and the cooperation of partner agencies, the State Crime Lab is on track to eliminate the backlog by 2010.
As Wisconsin's "Top Cop," General Van Hollen identified Internet Crimes Against Children (ICAC) as another priority vital to protecting Wisconsin's children from on-line predators. By raising awareness and partnering with the Legislature and the Governor, General Van Hollen secured additional resources to educate parents and children, identify, stop, and prosecute these predators. Working in partnership with local law enforcement authorities, the Department offers education, resources, and its expertise in this fight for the safety of some of our most vulnerable victims: children.
General Van Hollen has also restored an emphasis on the rule of law to the Department of Justice. Professionally-reasoned legal advice and client representation is now a hallmark of the Department's work.
General Van Hollen has been clear that restoring integrity and fighting crime would define his work as Attorney General. A philosophy of first principles, limited government, and the Department's role as an "exist to assist" state agency has guided his tenure as Attorney General.
Van Hollen graduated from St. Olaf College in 1988 with an undergraduate degree in Political Science and Economics. He earned his law degree two years later from the University of Wisconsin Law School.
Van Hollen began his public service career as an Assistant State Public Defender in Spooner, Wisconsin. In 1991, he became a federal prosecutor, serving as an Assistant United States Attorney for the Western District of Wisconsin. Governor Tommy Thompson appointed Van Hollen as District Attorney in Ashland County, where he served for six years. He was subsequently appointed by Governor Thompson to serve as Bayfield County District Attorney. Van Hollen was later elected to the position, enjoying bi-partisan support as Bayfield County's only elected Republican.
Prior to becoming Attorney General, J.B. was appointed United States Attorney for Wisconsin's Western District in 2002 and served there until 2005.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Vice President, Brady Center to Prevent Gun Violence
Dennis A. Henigan is the Vice President of the Brady Center to Prevent Gun Violence and Founder of its Legal Action Project. He is the author of Lethal Logic: Exploding the Myths that Paralyze American Gun Policy (Potomac Books 2009).
For twenty years, he has been a leading advocate for stronger gun laws, appearing dozens of times on national television and radio shows, including 60 Minutes, The Today Show, Nightline, Larry King Live and Dateline. He also has written and spoken extensively on liability and constitutional issues relating to gun laws and gun violence, including testifying before several Congressional Committees.
Under his direction, Brady Center lawyers have recovered millions of dollars in damages for gun violence victims, as well as winning precedent-setting decisions on the liability of gun sellers. In 2004, he was named one of the top ten "Lawyers of the Year" by Lawyers' Weekly magazine. His work as a public interest lawyer has been profiled in The New Yorker.
Henigan received his B.A. from Oberlin College in 1973 and his law degree in 1977 from the University of Virginia School of Law. Prior to joining the Brady Center in 1989, he was a partner in the law firm of Foley & Lardner.
Henigan received his B.A. from Oberlin College in 1973 and his law degree in 1977 from the University of Virginia School of Law.
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.
Adjunct Professor, George Washington University Law School
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
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.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
General Counsel, Hyperloop One
Marvin Ammori is the General Counsel of Hyperloop One.
He is widely regarded as one of the top lawyers and political strategists in the US, and is best known for leading the most important, successful, and unlikely political victories determining the Internet’s future, including the net neutrality campaigns. Time Magazine calls him “a prominent First Amendment lawyer and Internet policy expert,” the San Jose Mercury News calls him “a well-known advocate for Internet freedom,” while Fast Company calls him Silicon Valley’s “go-to First Amendment guy.” In private practice, he has represented Apple, Google, Dropbox, eBay, Automattic, Tumblr, Twitter, the National Association of Realtors, and others. He helped them stop “inevitable” legislation and to overcome widely believed “impossible” odds on issues of international significance, even when few in DC saw a path to victory.
For his pioneering work advancing Internet freedom, Ammori has been named to POLITICO 50’s “list of thinkers, doers, and dreamers” “transforming politics,” Washingtonian Magazine’s “Tech Titans,” Fast Company Magazine’s “100 Most Creative People in Business,” one of the top five tech lawyers by the World Technology Network, and is a recipient of the Nyan Cat Medal of Internet Awesomeness. His work has been profiled on the front pages of the Philadelphia Inquirer, the Wall Street Journal, and the Washington Post.
Ammori helped lead the online movement that killed the proposed SOPA bill in 2012 as well as the movements defending network neutrality. He was a key organizational and intellectual force behind the FCC’s Comcast/BitTorrent decision in 2008 (he authored the complaint) and the key advocate behind the White House and FCC’s decision to back strong “Title II” rules in 2015. Etsy CEO Chad Dickerson has called him the “net neutrality whisperer”; Tim Wu wrote that Ammori “deserves enormous credit for leading the march to Title II”; and Kickstarter’s communications head declared that, “No one deserves more credit for the Net neutrality victory than” Ammori. Reviewing the decade-long fight for net neutrality, Salon’s Matt Stoller wrote, “if there’s one person who really operated with superb strategic insight and tenacity this whole time, it would be superlawyer Marvin Ammori.”
Ammori has published articles in the New York Times, USA Today, the Atlantic, Wired, Slate, Forbes, and the Harvard Law Review, and authored a book On Internet Freedom. He has appeared as an expert on CNN, MSNBC, ABC, NPR, and other TV and radio outlets. Ammori has also keynoted conferences in Germany, Portugal, Brussels, Taiwan, has spoken at TEDx U-Michigan,three Federalist Society National Lawyer Conventions, and has testified before several government bodies.
Ammori has also served as a Senior Fellow to the Democracy Fund, as well as a Future Tense and Schwartz Fellow at New America, one of the nation’s most prominent think tanks. He serves on the boards of the nonprofit advocacy groups Fight for the Future, Demand Progress, and Engine Advocacy. He also serves as an Affiliate Scholar of the Stanford Law School Center for Internet & Society. Ammori was a Term Member of the Council on Foreign Relations and a Fellow of the Americas Business Council Foundation. In 2008, he served as an advisor to the Obama campaign and the transition team.
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.
H.H. Macaulay Endowed Professor of Economics, Clemson College of Business
Thomas Hazlett is the Hugh H. Macaulay Endowed Professor of Economics at Clemson University. He has previously held faculty positions at George Mason University, the University of California, Davis, and the Wharton School, and served as Chief Economist of the Federal Communications Commission. A noted expert in regulatory economics and information markets, his research has appeared in academic forums such as the Journal of Law & Economics, RAND Journal of Economics, the Journal of Financial Economics, the University of Pennsylvania Law Review and the Columbia Law Review. He has also written for such popular periodicals as the Wall Street Journal, The Economist, Slate, the N.Y. Times, N.Y. Daily News, Reuters.com, Business Week, The New Republic and the Financial Times. His most recent book, The Political Spectrum: The Tumultuous Liberation of Wireless Technology, from Herbert Hoover to the Smartphone, (Yale, 2017), was featured as one of the top tech books of the year at CES 2018.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
General Counsel, Federal Communications Commission
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
In 1994, Professor of Law Michael I. Krauss became the law school's first recipient of the university's "Teacher of the Year" award for his engaging and challenging approach in the classroom. Born in the United States but raised in Canada, Professor Krauss speaks legalese in two languages. He earned his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School, where he was a Commonwealth Scholar. He was Columbia University's Law and Economics Fellow in 1981. He has been teaching at George Mason since 1987 and also has taught at the law schools of Seattle University, the University of Toronto, and the Université de Sherbrooke.
Hired as a law clerk by Justice Louis-Philippe Pigeon of Canada's Supreme Court, Professor Krauss practiced law for Quebec City's largest law firm before entering academia. He also served for five years on Québec's Human Rights Commission. A Salvatori Fellow of the Heritage Foundation and an academic fellow of the Foundation for the Defense of Democracies, Professor Krauss sits on the advisory boards of several think tanks. He served as president of the Virginia Association of Scholars and on the Board of Governors of the Education Section of the Virginia State Bar, and is currently a member of the Board of Governors of the National Association of Scholars.
Professor Krauss teaches Torts, Legal Ethics and Jurisprudence, and has a strong interest in national security issues. His research on torts and ethics is nationally known. He co-authored the first edition of Legal Ethics in a Nutshell in May 2003. This book digests the Model Rules in an engaging and often critical fashion. The second edition was published in 2006. Professor Krauss is now under contract with West Publications to produce an innovative textbook on Products Liability in late 2008.
Professor Krauss received his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Crivello, Carlson & Mentkowski, S.C.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
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.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Panel I: Economic Theory, Civic Virtue and the Meaning of the Constitution
2011 National Student Symposium
Charlottesville, VAIsrael's Borders & International Law
Rehabilitating Lochner: A Critical Discussion
The Constitutionality of the Federal Health Care Law
Madison Lawyers Chapter
Madison, WIThe Future of the Right to Keep and Bear Arms
Panel 3: Alternatives to Originalism: Conservative and Libertarian Perspectives
David Bernstein, Patrick McKinley Brennan, Brian T. Fitzpatrick, Orin S. Kerr, John O. McGinnis
Prof. David E. Bernstein, George Mason University School of Law Prof. Patrick Brennan, Villanova University...
Panel 3: Alternatives to Originalism: Conservative and Libertarian Perspectives
13th Annual Faculty Conference
San Francisco, CAAdministrative Law: Limits to Government and Regulatory Authority: Comcast v. FCC
2010 National Lawyers Convention
Washington, DCConstitutional Relevance in the Age of Obama
Israel's Rights to Its Borders