Joel A. Katz Distinguished Professor of Law, University of Tennessee College of Law
Professor Plank joined the UT faculty in 1994 and became the Joel A. Katz Distinguished Professor of Law in 2004. His scholarly interests include the nature of property, the relationship between bankruptcy and non-bankruptcy law, and the historical development and comparison of commercial law and property law systems. He is a nationally recognized expert on mortgage backed and asset backed securities. Before joining the UT faculty, he was a partner with Kutak Rock LLP specializing in real estate finance, commercial finance, bankruptcy, and securities, in particular serving as issuer’s counsel and bankruptcy counsel in securitization transactions. Since joining the UT faculty he has served as an expert witness on securitization and other bankruptcy and commercial law matters, and as a consultant for securitization law firms, providing advice on bankruptcy, commercial law, and real estate issues in connection with securitizations and other transactions. During the 2002-2003 academic year, Professor Plank was a visiting Professor of Law at the Notre Dame Law School.
Professor Plank graduated with honors from Princeton University with a degree in history and a Certificate of Proficiency in Russian Area Studies and then served three years in the United States Marine Corps, including eight months in Vietnam as an infantry platoon commander. He graduated 5th in his class from the University of Maryland School of Law, where he was Editor-in-Chief of the Maryland Law Review. He was a law clerk for the Chief Judge of the Maryland Court of Appeals, an associate with Piper & Marbury in Baltimore, MD, and an assistant attorney general for the State of Maryland. Initially, his practice included a wide variety of transactions and litigation, including a four month trial on the constitutionality of the Maryland public school finance system and oral arguments in the United States Supreme Court and federal and state appellate courts. He then concentrated his practice in real estate, commercial finance, public finance and securities transactions.
General Counsel, Prospera Group
Dranias serves as NeWay Capital LLC’s General Counsel, handling all corporate legal matters. Prior to this, he was Senior Litigation Counsel with the Government Accountability & Special Litigation Unit of the Arizona Attorney General. He also serves as Policy Advisor and Research Fellow with the Heartland Institute, as an expert and Speaker’s Bureau member with the Federalist Society, a Law and Civil Liberties Speaker for Students for Liberty, a Council of Scholars member with Compact for America Educational Foundation, as well as an Adjunct Instructor teaching Business Ethics and Law at Grand Canyon University.
Previously, Dranias served as President & Executive Director of Compact for America Educational Foundation where he led national efforts to organize the states to propose and ratify a federal Balanced Budget Amendment. Prior to that, Dranias was General Counsel, Policy Development Director and Constitutional Policy Director at the Goldwater Institute. Dranias led the Institute’s successful challenge to Arizona’s system of government campaign financing to the U.S. Supreme Court. Prior to that, he was an attorney with the Institute for Justice for three years and an attorney in private practice in Chicago for eight years, where he served as Young Lawyers Section co-editor of the Chicago Bar Association Record and earned the Oliver Wendell Holmes Award for his service.
Ella A. and Ernest H. Fisher Professor of Law, Ohio Northern University Claude W. Pettit College of Law
Professor Lewis joined the Ohio Northern faculty in August, 2006. Lewis flew F-14's for the United States Navy in Operation Desert Shield, conducted strike planning for Desert Storm and was deployed to the Persian Gulf to enforce the no-fly zone over Iraq. He was a Topgun graduate in 1992 and was featured in a NOVA documentary on Topgun and aircraft carriers.
After his naval service, Lewis graduated from Harvard Law School, cum laude, was a management consultant with McKinsey and Company, and served as a litigation associate with McGuireWoods, LLP, in Norfolk, Virginia.
Professor Lewis has published more than a dozen articles and essays on various aspects of the law of war and the conflict between the US and al Qaeda. His work has been cited by the Seventh, Ninth and Eleventh Circuit Courts of Appeals. He has testified before Congress on the legality of drone strikes in Pakistan and Yemen and on the civil liberties tradeoffs associated with trying some Al Qaeda members or terrorist suspects before military commissions. His op-eds have appeared in numerous media outlets including the LA Times and the New York Post and he has appeared on Public Radio International to discuss the increasing use of armed drones in warfare. He has delivered scores of presentations and panel presentations before military and law school audiences alike including presentations to the international Military Operations Law conference in Queensland, Australia, the US Army's JAG School in Charlottesville, VA and law school events at Stanford, Chicago, Columbia, Penn, Duke, Texas and Northwestern among others.
Professor Lewis received the Award for Excellence in Classroom Teaching for the 2007-08 academic year.
He currently teaches Commercial Law, International Law, a Law of War Seminar and Torts. He has also taught Corporate Finance and Accounting for Lawyers. His other teaching interests include Civil Procedure and Contracts.
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.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Nonresident Senior Fellow, American Enterprise Institute
Jim Harper is a nonresident senior fellow at the American Enterprise Institute (AEI), where he focuses on privacy issues, and select legal and constitutional law issues.
A lawyer by training, Mr. Harper has served as counsel for the Subcommittee on Commercial, and Administrative Law of the US House Committee on the Judiciary and as counsel for the Senate Committee on Government Affairs. More recently, he worked at the Competitive Enterprise Institute and the Cato Institute, where he wrote on the intersection of business, technology, and public policy, including privacy, surveillance, data security, telecommunications, and cryptocurrencies. He also served as global policy counsel for the Bitcoin Foundation. Mr. Harper was a founding member of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. Early in his post-Hill career, he represented companies such as PayPal and Verisign before Congress.
Mr. Harper is the co-editor of “Terrorizing Ourselves: Why U.S. Counterterrorism Policy Is Failing and How to Fix It” (Cato Institute, 2010) and the author of “Identity Crisis: How Identification Is Overused and Misunderstood” (Cato Institute, 2006). He has written several amicus briefs in Fourth Amendment cases before the U.S. Supreme Court and has published scholarly articles in a variety of law journals. In the popular press, Mr. Harper has been published in The New York Times and The Wall Street Journal, among many other publications.
Mr. Harper has a law degree from the U.C. Hastings College of the Law, where he was editor-in-chief of the Hastings Constitutional Law Quarterly, and a BA from the University of California, Santa Barbara.
Anne Fleming Research Professor; Professor of Law, Georgetown Law
Laura K. Donohue is a Professor of Law at Georgetown Law, Director of Georgetown's Center on National Security and the Law, and Director of the Center on Privacy and Technology. She writes on constitutional law, legal history, emerging technologies, and national security law. Her most recent book, The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (Oxford University Press, 2016), was awarded the 2016 IIT Chicago-Kent College of Law/Roy C. Palmer Civil Liberties Prize. She also has written The Cost of Counterterrorism: Power, Politics, and Liberty (Cambridge University Press, 2008); and Counterterrorist Law and Emergency Law in the United Kingdom 1922-2000 (Irish Academic Press, 2007).
Professor Donohue's articles have been published by California Law Review, University of Chicago Law Review, Stanford Law Review, University of Pennsylvania Law Review, Harvard Journal of Law and Public Policy, and other scholarly journals.
In November 2015, the U.S. Foreign Intelligence Surveillance Court appointed her as one of five amici curiae under the 2015 USA FREEDOM Act.
Professor Donohue is a Life Member of the Council on Foreign Relations; an Advisory Board Member of the Electronic Privacy Information Center; and a Member of the American Bar Association's Standing Committee on Law and National Security. She is a Senior Scholar at Georgetown Law's Center for the Constitution.
Donohue obtained her AB in Philosophy (with Honors) from Dartmouth College; her MA in Peace Studies (with Distinction) from the University of Ulster, Northern Ireland; her JD (with Distinction) from Stanford Law School; and her PhD in History from the University of Cambridge, England.
Director of the Criminal Justice Clinic and Assistant Professor, Southern Methodist University Dedman School of Law
Professor Jenks joined the SMU Law faculty in 2012. He teaches and writes on the law of armed conflict and criminal justice.
Professor Jenks is the co-author of a law of armed conflict textbook, co-editor of a forthcoming war crimes casebook, and served as a peer reviewer of the Talinn Manual on the international law applicable to cyber warfare.
He has published articles on drones, child soldiers, extraordinary rendition, law of war based detention, targeting and government contractors. He has also spoken on those same topics at universities and institutes in Australia, Italy, South Africa and the U.S., and with the militaries of the Republic of Yemen and several different European and African countries. He recently served as a consultant to the Office of the Secretary of Defense on U.S. military security sector reform in the Democratic Republic of the Congo.
Prior to joining the SMU faculty, Professor Jenks served for over 20 years in the military. After graduating from West Point, Professor Jenks was commissioned as an Infantry officer in the U.S. Army. He served as a rifle platoon leader, executive officer and in battalion and brigade staff positions in the U.S., Europe, and in deployments to Kuwait and Bosnia.
Following graduation from law school, Professor Jenks transitioned to the U.S. Army JAG Corps and was assigned as the primary international and operational law advisor near the demilitarized zone between North and South Korea. During this assignment, he defended Status of Forces Agreement rights of American soldiers during South Korean interrogations and trials in high profile and politically sensitive criminal cases.
Following his return to the U.S. in 2003, Professor Jenks served as the lead prosecutor in the Army’s first counterterrorism case, a fully contested, classified court-martial of a soldier attempting to aid al qaeda. He coordinated the investigative efforts of 30 law enforcement agents from four separate federal agencies on three continents and the Department of Justice’s Counterterrorism section nominated him for the John Marshall award for interagency cooperation.
In 2004, he deployed to Mosul, Iraq and served as chief legal advisor to a Stryker Brigade Combat Team comprised of over 4000 soldiers. There he provided targeting advice for the employment of artillery, close air support and direct fire weapons during enemy engagements in a city of two million people. He also advised investigations and served as prosecutor for crimes against the civilian population, detainee abuse, and fratricide. He also wrote and briefed rules of engagement crucial to the success of the first free elections in Iraq in more than three decades.
Before moving to Dallas, Professor Jenks was most recently stationed in Washington D.C., holding numerous positions, including senior litigation attorney and deputy division chief of the U.S. Army’s litigation division, attorney adviser at the Department of State and his most recent position as chief of the International Law Branch of the Office of The Judge Advocate General in the Pentagon.
While at the Department of State, Professor Jenks served at the U.S. mission to the United Nations in New York City and represented the U.S. during en US during negotiations on cultural and humanitarian resolutions pending before the Third Committee of the UN General Assembly
As the Army’s international law branch chief, he oversaw the foreign exercise of criminal jurisdiction over US service members, represented the Department of Defense at status of forces agreement negotiations and served as the legal advisor to the U.S. Military Observers Group, which provides military officers to United Nations Missions around the world.
Through two decades of military service, Professor Jenks received the Valorous Unit Award, the Bronze Star Medal, and both the Expert Infantryman and Parachutist Badges.
Professor of Law, Roger Williams University School of Law
As an expert in National Security Law, Professor Peter Margulies focuses on the delicate balance between liberty, equality, and security in issues involving law and terrorism. Professor Margulies has written almost a dozen articles discussing the War on Terror. He currently works with RWU Law Professor Jared Goldstein, along with litigators from the law firm Edwards Angell Palmer & Dodge, in representing two Afghan detainees. Professor Margulies led a national conference entitled “Legal Dilemmas in A Dangerous World: Law, Terrorism and National Security” held at RWU.
Professor Margulies also has an extensive background in immigration law and has represented Haitian refugees and conducted outreach to community legal service providers.
Peter Marguiles teaches Immigration Law, National Security Law and Professional Responsibility. He has filed amicus briefs in high-visibility cases with the U.S. Supreme Court and has been frequently cited in the New York Times, the National Law Journal and other media outlets.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
Topics
SCOTUS Orders and Opinions: 5/26/2015
This morning, the Court issued several orders and opinions; a brief summary follows: ORDER LIST:...
Topics
SCOTUS Orders and Opinions: 5/18/2015
The Supreme Court has issued orders and opinions; a summary follows: ORDER LIST: One new...
Wellness Int'l Network, Ltd. v. Sharif - Post-Argument SCOTUScast
Thomas Eldridge Plank
On January 14, 2015, the Supreme Court heard oral argument in Wellness Int’l Network, Limited...
Introducing “Article V 2.0”: The Compact for a Balanced Budget
Nicholas C. Dranias
This article discusses the use of interstate compacts to advance Article V amendments to the U.S....
Conservative & Libertarian Legal Scholarship: International Law & Transactions
[Return to Table of Contents] XVI. International Law & Transactions Introductory Materials Emer de Vattel,...
Conservative & Libertarian Legal Scholarship: Federal Courts
[Return to Table of Contents] XIV. Federal Courts Henry Hart & Herbert Wechsler, The Federal...
Panel II: Detained Suspected Terrorists: Try in Military Courts or Civilian Courts?
2014 National Student Symposium
Gainesville, FLClearing the Air: The Real Reason Why Drones are the Weapon of Choice in Counterterrorism and Why That is a Good Thing for Civilians
Michael W. Lewis
Note from the Editor: This article is about the use of drones in counterterrorism operations. ...
Book Review: Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance
Nelson Lund
Other Reviews of Cosmic Constitutional Theory: •Marc O. Degirolami, The New Republic, Sept. 2012: http://www.newrepublic.com/book/review/cosmic-constitutional-theory-judicial-restraint...
Why NSA’s Bulk Data Seizures Are Illegal and Unconstitutional
Randy E. Barnett, Jim Harper
Why NSA’s Bulk Data Seizures Are Illegal and Unconstitutional Randy E. Barnett* & Jim Harper**...