Professor of Clinical Law, Brooklyn Law School
Jodi S. Balsam is Professor of Clinical Law at Brooklyn Law School and a nationally recognized expert on Sports Law. She directs the BLS Sports Law Clinic and Sports Law Externship Program. She teaches Sports Law at both BLS and NYU School of Law, and has also taught the subject at New York Law School, University of New Hampshire School of Law, Bucerius Law School in Hamburg, Germany, Mathias Corvinus Collegium in Budapest, Hungary, and the MESGO Executive Masters Program in Global Sport Governance. Professor Balsam has served as an arbitrator for the National Collegiate Athletic Association on complex infractions cases, and now serves as a neutral for FAIR Sports, which hears cases involving college athletics.
Professor Balsam frequently writes and speaks on sports law topics, including as co-author of Weiler’s Sports and the Law, a leading casebook in the field. Her publications and presentations have addressed antitrust challenges to sports leagues and organizing bodies, sports trademarks, athletes’ rights of free expression and name/image/likeness exploitation, sports gambling and integrity, sports league governance, and the role of the sports agent. She frequently appears in the media on legal issues in sports, including NBC Sports/The Golf Channel, ESPN, Law360 Sports and Betting, The Athletic, Front Office Sports, USA Today, and the Wall Street Journal. She is on the editorial boards of Law360-Sports & Betting, the Journal of Legal Aspects of Sport, and the international sports law newsletter LawInSport.
Before joining academia, Professor Balsam was the National Football League's Counsel for Operations and Litigation, where she managed litigation in all areas of law, oversaw a variety of policy and operational matters, negotiated and drafted contracts for League special events including the Super Bowl, and administered the League's internal dispute resolution processes and compliance program. Prior to the NFL she was a litigator with the New York office of Simpson Thacher & Bartlett, where she represented sports and entertainment clients in antitrust matters and complex commercial litigation. She served as a law clerk for Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit and for Judge Charles Brieant of the U.S. District Court for the Southern District of New York. A graduate of Yale College, Professor Balsam received her law degree from NYU School of Law.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Raoul Berger Professor of Legal History at Northwestern University School of Law
Stephen Presser is a leading American legal historian and expert on shareholder liability for corporate debts. He is frequently an invited witness before committees of the U.S. Senate and House of Representatives on issues of constitutional law. He holds a joint appointment with the J. L. Kellogg Graduate School of Management and also teaches in Northwestern's history department.
Founder, Libertas-West Project
Karen Lugo is a constitutional law consultant and national security analyst. She was Director of the Center for Tenth Amendment at Texas Public Policy Foundation from 2013 to 2015. When living in California, she was Co-Director of the Center for Constitutional Jurisprudence Center. From 2005 – 2012, she was a clinical visiting and adjunct professor at Chapman University School of Law where she co-taught the advanced Constitutional Law Clinic. Karen has co-authored and written circuit-level and Supreme Court amicus briefs on such issues as FISA Surveillance, Healthcare Reform, Arizona’s Border Security, Gay Marriage, The Ten Commandments, Eminent Domain, Christian Clubs on University Campuses, and Material Support for Terrorists.
Karen is the founder of the Libertas-West Project, a center for study Islamic integration and radicalization issues. In this capacity, she consulted with the Center for Security Policy to write a book on local over-watch of mosque construction and community engagement called: Mosques in America: A Guide to Accountable Permit Hearings and Continuing Citizen Oversight.
Karen writes and speaks for European and American groups on the importance of basing assimilation efforts on principles of Western exceptionalism. She presented a policy brief to the French Conseil d’Etat analyzing the legal implications of banning the burqa. Ms. Lugo has written one of the most comprehensive overviews of sharia law in American courts, American Family Law and Sharia-Compliant Marriages, for the Federalist Society law journal, Engage. She has written several white papers on the American Law for American Courts legislation and sharia tribunals in America.
Ms. Lugo was an appointee to the California Advisory Committee to the U.S. Commission on Civil Rights. She also taught a Human Rights law course on the contrast between French and English Enlightenment theories in Strasbourg, France.
Until moving from California, Ms. Lugo was a member of the David Horowitz Freedom Center Board of Directors. She was also a regular guest on the Orange County PBS local issues debate program, Inside OC, and she is a contributor to Pajamas Media, National Review Online, City Journal, American Spectator, American Greatness, Townhall.com, American Thinker, Daily Caller, and Family Security Matters. She has been interviewed by dozens of radio hosts and has spoken for civic groups on constitutional and cultural concerns.
Professor of Law, Antonin Scalia Law School, George Mason University
Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. He has written widely in the fields of property, private law, and constitutional law. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing. He is a member of the American Law Institute, he serves on the ALI’s Members’ Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.
Professor Claeys received his JD from the University of Southern California Gould School of Law. He received his AB from Princeton University, and he is a former visiting fellow and current member of Princeton’s Politics Department’s James Madison Program in American Ideals and Institutions. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States.
Professor Claeys’s main teaching interests include Property, Torts, Jurisprudence, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, Torts, and Oil and Gas law. Spring 2018, he is teaching Torts and Jurisprudence as a Visiting Professor at Harvard Law School.
Paul Ermine Potter and Dawn Tibbetts Potter Endowed Professorship in Politics, Hillsdale College
Prof. Thomas G. West holds the Paul and Dawn Potter Chair in Politics at Hillsdale College. He received a B.A. from Cornell and Ph.D. from Claremont Graduate University. Before Hillsdale, he taught at the University of Dallas for three decades.
Prof. West has taught and published on a wide variety of topics, including Plato, Shakespeare, Locke, freedom of speech, contemporary liberalism, and Protestant theology in colonial America. Many of these writings are on his faculty page at Hillsdale.
His earlier book on the founding, Vindicating the Founders, responded to the typical liberal criticisms and misrepresentations of the founders’ view of blacks, women, and the poor. His latest book is The Political Theory of the American Founding: Natural Rights, Public Policy, and the Moral Conditions of Freedom.
In October, Prof. West received the Claremont Institute’s Salvatori Prize in the American Founding, presented at a Washington, DC conference on his new book.
Garrick Professor in Law, The University of Queensland School of Law
James Allan is the Garrick Professor of Law at the University of Queensland. He is a native born Canadian who practised law at a large firm in Toronto and then at the Bar in London before moving to teach law in Hong Kong, New Zealand and then Australia. He has had sabbaticals at the Cornell Law School and the University of San Diego School of Law in the U.S. and at Osgoode Hall Law School and the Dalhousie Law School in Canada (where he was the Bertha Wilson Visiting Professor of Human Rights).
Prof. Allan has published widely in the areas of constitutional law, legal philosophy and bill of rights scepticism. His latest book, aimed at the educated layperson, came out recently. It is titled Democracy in Decline and is available from Connor Court in Australia and from MQUP in the U.S. and Canada. Prof. Allan also writes regularly for weeklies and monthlies, including being a regular contributor to The Australian, The Spectator Australia, and Quadrant. He was elected to the Mont Pelerin Society in 2011.
Associate Professor, Osgoode Hall Law School, York University
Dan Priel is associate professor at Osgoode Hall Law School, York University. He holds an LL.B. from Hebrew University in Jerusalem, where he graduated summa cum lauda. After clerking for Justice Dorit Beinisch of the Supreme Court of Israel, he pursued graduate studies at the University of Oxford, where he obtained a B.C.L., M.Phil. and a D.Phil. After completing his doctorate he spent two years at Yale Law School as Oscar M. Ruebhausen Fellow-in-Law. He has since taught at the University of Warwick in the UK and is currently teaching in Canada; he has also taught in Israel, China, and the United States. Prof. Priel published extensively in jurisprudence and various areas of law. His work appeared in leading journals in the U.S., Canada, the UK and Australia, including Law and Society Review, Legal Theory, Melbourne University Law Review, Oxford Journal of Legal Studies, Texas Law Review, Virginia Law Review, and the University of Toronto Law Journal. In 2013–14 he published two essays on Lon Fuller’s legal philosophy and has a continuing interest in his work.
David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia, and previously was Frank Stanton Professor of the First Amendment at Harvard University. A Fellow of the American Academy of Arts and Sciences and recipient of a Guggenheim Fellowship, Schauer is the author of The Law of Obscenity (BNA, 1976), Free Speech: A Philosophical Enquiry (Cambridge, 1982), Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Oxford, 1991), Profiles, Probabilities, and Stereotypes (Harvard, 2003), Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Harvard, 2009), and The Force of Law (Harvard, 2015). The editor of Karl Llewellyn, The Theory of Rules (Chicago, 2011), and a founding editor of Legal Theory, he has chaired the Section on Constitutional Law of the Association of American Law Schools and the Committee on Philosophy and Law of the American Philosophical Association. In 2005 he wrote the Foreword to the Harvard Law Review’s Supreme Court issue, and has written widely on freedom of speech, constitutional interpretation, evidence, legal reasoning, and the philosophy of law.
*Russell W. Hasan is a New York attorney. He is a graduate of Vassar College and an Honors graduate of the University of Connecticut School of Law. He writes for Liberty Magazine and also maintains a website of libertarian informationalresources. He welcomes emails at russhasan@gmail.com and he tweets at@RussHasan
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Amongst the many studies of the makeup of the Federal Judiciary, one particularly noticeable characteristic is the...
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A review of The Second Creation: Fixing the American Constitution in the Founding Era, by...
Giving Credit for Shaping the Constitution
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A review of: The Lives of the Constitution: Ten Exceptional Minds That Shaped America’s Supreme Law,...
The Political Theory of the American Founding
Eric R. Claeys, Thomas G. West
The Political Theory of the American Founding: Natural Rights, Public Policy, and the Moral Conditions...
“The Case of the Speluncean Explorers" -- The Classic Law Review Article Revisited - Podcast
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It is the year 4300 in an imaginary jurisdiction named Newgarth. Old questions dominate the...
Winning the Copyright War: Copyright’s Merger Doctrine and Natural Rights Theory as Solutions to the Problem of Reconciling Copyright and Free Speech
Russell Hasan
I. Introduction A. Overview Concerns that the enforcement of copyright law might conflict with First...