Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
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.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
Originalism as King
John C. Yoo
A review of The President Who Would Not Be King: Executive Power under the Constitution,...
Topics
Kisor on Remand: Raising the Bar to “Genuinely Ambiguous” at Auer Step Zero
A recent decision from the Federal Circuit may provide a roadmap for the future of...
Courthouse Steps Decision Teleforum: Uzuegbunam v. Preczewski
John J. Bursch
On March 8, 2021, the U.S. Supreme Court decided Uzuegbunam v. Preczewski. Writing for the 8-justice...
Courthouse Steps Decision Teleforum: Uzuegbunam v. Preczewski
TeleforumTopics
Scalia’s Theory of the Suspension Clause in St. Cyr
Experts have long debated Congress’s power to withhold federal court jurisdiction. But in 2008, the...
Topics
U.S. v. Arthrex: The Court Should Find PTAB's Structure Unconstitutional
Since 2011, federal law has permitted those seeking to challenge the validity of patents...
Topics
The Prosecution of Military Retirees Under the Uniform Code of Military Justice
On November 20, 2020, Judge Richard J. Leon launched what might prove to be a...
Bureaucracy With Bumper Guards: Better Than It Rules?
Ronald A. Cass
A review of Law & Leviathan: Redeeming the Administrative State, by Cass Sunstein & Adrian...
Topics
Carr v. Saul: Issue Exhaustion & Constitutional Adjudication
On March 3, the Supreme Court will hear oral arguments in Carr v. Saul—a case...
Topics
Marbury v. Madison: Overruled
The Federalist Society is pleased to announce its Student Blog Initiative, a project of the...