Professor of Law, Widener University Commonwealth Law School
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.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Michael R. Klein Professor of Law, Harvard Law School
Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations. He was born in Columbia, South Carolina. For his education he attended St. Albans School, Princeton University, Oxford University, and Yale Law School. He served as a law clerk for Judge J. Skelly Wright of the United States Court of Appeals and for Justice Thurgood Marshall of the United States Supreme Court. He is a member of the bar of the District of Columbia and the Supreme Court of the United States. Awarded the 1998 Robert F. Kennedy Book Award for Race, Crime, and the Law, Mr Kennedy writes for a wide range of scholarly and general interest publications. His other books are For Discrimination: Race, Affirmative Action, and the Law (2013), The Persistence of the Color Line: Racial Politics and the Obama Presidency (2011), Sellout: The Politics of Racial Betrayal (2008), Interracial Intimacies: Sex, Marriage, Identity, and Adoption (2003), and Nigger: The Strange Career of a Troublesome Word (2002). A member of the American Law Institute, the American Academy of Arts and Sciences, and the American Philosophical Association, Mr. Kennedy is also a Trustee emeritus of Princeton University.
Professor of Law & Helen L. Crocker Faculty Scholar, Stanford Law School
Jud Campbell joined the faculty of Stanford Law School in 2023. He previously served as a professor of law at the University of Richmond School of Law and as a visiting professor of law at the University of Chicago Law School and at Harvard Law School. His academic focus is constitutional history and First Amendment law. His publications include articles in the Stanford Law Review, Yale Law Journal, Harvard Law Review, Texas Law Review, Constitutional Commentary, and Law and History Review. After completing his J.D. at Stanford Law School, he clerked for Judge Diane S. Sykes on the U.S. Court of Appeals for the Seventh Circuit, and for Judge José A. Cabranes on the U.S. Court of Appeals for the Second Circuit. He then served as the Executive Director of the Stanford Constitutional Law Center. He holds a bachelor’s degree from the University of North Carolina at Chapel Hill and two master’s degrees from the London School of Economics, where he studied as a Marshall Scholar.
Professor of Law, Antonin Scalia Law School, George Mason University
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
Judge, United States Court of Appeals, Fifth Circuit
Andrew Oldham is a Circuit Judge on the United States Court of Appeals for the Fifth Circuit. Before ascending to the bench, Judge Oldham served as General Counsel to Texas Governor Greg Abbott, where he advised the Governor on a range of issues under federal and state law and managed litigation in which the Governor was an interested party. Before that he served as Deputy Solicitor General for the State of Texas, where he represented Texas in federal courts across the country, including twice before the United States Supreme Court. Before moving to Texas, Judge Oldham was an attorney at Kellogg Hansen Todd Figel & Frederick in Washington, D.C. His practice focused on appellate litigation in federal courts of appeals throughout the country. Before entering private practice, Judge Oldham served as a law clerk to Justice Samuel A. Alito, Jr., at the Supreme Court of the United States and to Judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit. He also worked as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice from 2006 to 2008. Judge Oldham earned a B.A. from the University of Virginia with highest honors, a Truman Scholarship for graduate school, an M. Phil., first class (with distinction), from Cambridge University, and a J.D., magna cum laude, from Harvard Law School.
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.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Kellyanne Elizabeth Conway is Founder and President of the polling companyTM, inc./WomanTrend a privately-held, woman-owned corporation founded in 1995. The firm is headquartered in Washington, DC and maintains an office in New York City. Kellyanne is one of the most quoted and noted pollsters on the national scene, having provided commentary on over 1,200 television shows on ABC, CBS, NBC, PBS, CNN, CNBC, MSNBC, HBO, Comedy Central, MTV and the Fox News Channel, and numerous radio shows and print stories.
Throughout her two decades in market research, Kellyanne has provided primary research and advice for clients in 46 of the 50 states and has directed hundreds of demographic and attitudinal survey projects for statewide and congressional political races, trade associations, and Fortune 100 companies. A professionally trained moderator, Kellyanne has personally directed more than 300 focus groups and other qualitative discussions. Clients have included Lifetime Television, The Heritage Foundation, Major League Baseball, The Federalist Society, Coalition of Community Pharmacists Association, the U.S. Office of Personnel Management, Mass Connections, American Express, ABC News, Ladies Home Journal, and the U.S. Department of Labor.
Kellyanne has worked for leaders such as the late Congressman Jack Kemp; former Vice President Dan Quayle; Speaker of the House Newt Gingrich; Senator Fred Thompson and Congressman Mike Pence, the Chairman of the House Republican Conference and the third-highest ranking Republican in the House.
A "fully-recovered" attorney, Kellyanne is admitted to practice law in four jurisdictions (Maryland, New Jersey, Pennsylvania, and the District of Columbia). She has practiced law, clerked for a judge in Washington, DC and for four years, was an adjunct professor at George Washington University Law Center. Kellyanne is a magna cum laude graduate of Trinity College, Washington, D.C., where she earned a B.A. in Political Science, studied at Oxford University, and was elected to Phi Beta Kappa. She holds a law degree, with honors, from George Washington University Law Center.
Kellyanne Elizabeth Conway is Founder and President of the polling companyTM, inc./WomanTrend a privately-held, woman-owned corporation founded in 1995. The firm is headquartered in Washington, DC and maintains an office in New York City. Kellyanne is one of the most quoted and noted pollsters on the national scene, having provided commentary on over 1,200 television shows on ABC, CBS, NBC, PBS, CNN, CNBC, MSNBC, HBO, Comedy Central, MTV and the Fox News Channel, and numerous radio shows and print stories.
Throughout her two decades in market research, Kellyanne has provided primary research and advice for clients in 46 of the 50 states and has directed hundreds of demographic and attitudinal survey projects for statewide and congressional political races, trade associations, and Fortune 100 companies. A professionally trained moderator, Kellyanne has personally directed more than 300 focus groups and other qualitative discussions. Clients have included Lifetime Television, The Heritage Foundation, Major League Baseball, The Federalist Society, Coalition of Community Pharmacists Association, the U.S. Office of Personnel Management, Mass Connections, American Express, ABC News, Ladies Home Journal, and the U.S. Department of Labor.
Kellyanne has worked for leaders such as the late Congressman Jack Kemp; former Vice President Dan Quayle; Speaker of the House Newt Gingrich; Senator Fred Thompson and Congressman Mike Pence, the Chairman of the House Republican Conference and the third-highest ranking Republican in the House.
A "fully-recovered" attorney, Kellyanne is admitted to practice law in four jurisdictions (Maryland, New Jersey, Pennsylvania, and the District of Columbia). She has practiced law, clerked for a judge in Washington, DC and for four years, was an adjunct professor at George Washington University Law Center. Kellyanne is a magna cum laude graduate of Trinity College, Washington, D.C., where she earned a B.A. in Political Science, studied at Oxford University, and was elected to Phi Beta Kappa. She holds a law degree, with honors, from George Washington University Law Center.
Courthouse Steps Decision: Allen v. Milligan
Michael R. Dimino
On Thursday, June 8, 2023, the Supreme Court issued its decision in Allen v. Milligan....
"The Diversity Lie" 20 Years Later
Brian T. Fitzpatrick, Theodore "Ted" Frank, Randall Kennedy
In 2003, Professor Brian Fitzpatrick published a piece titled "The Diversity Lie" in which he...
Panel IV: Does Federalism Lead to a More United or Disunited Democracy?
Jud Campbell, Michael S. Greve, Andrew Oldham, Ilya Somin
The United States is constitutionally not one, but fifty-one, democracies. How can they all fit...
Topics
Only mostly dead? New Cert Petition presents Supreme Court with an opportunity to revisit the Privileges or Immunities Clause
A new petition for certiorari filed by the Institute for Justice asks the Supreme Court...
Book Reviews: Mismatch and Wounds That Will Not Heal
Roger B. Clegg
Note from the Editor: This feature reviews two new books on affirmative action in anticipation...
Key Findings: Statewide Survey of 600 Registered Voters in California
Kellyanne Conway
TO: Interested PartiesFROM: Kellyanne Conway, President & CEO the polling company™, inc./WomenTrendDATE: October 13, 2010RE: Key Findings: Statewide Survey of...
Key Findings from Statewide Survey of 500 Likely Voters in Michigan
Kellyanne Conway
TO: Interested PartiesFROM: Kellyanne Conway, President & CEO the polling company™, inc./WomenTrendDATE: October 12, 2010RE: Key Findings from Statewide Survey...