Associate Professor of Law, Brigham Young University J. Reuben Clark Law School
Eric Talbot Jensen teaches and writes in the areas of Public International Law, Criminal Law, The Law of Armed Conflict, International Criminal Law, and National Security Law. His recent scholarship has appeared in the Texas, Temple, Houston, and Israel Law Reviews, as well as the Stanford Law and Policy Review, Virginia Journal of International Law, Vanderbilt Journal of Transnational Law, and Stanford Journal of International Law. Professor Jensen is a co-author on an Oxford University text analyzing application of the laws of war to the war on terror and is also co-authoring a law school casebook on the Law of Armed Conflict for Aspen Publishing.
Prior to joining the BYU law faculty in 2011, Professor Jensen spent 2 years teaching at Fordham Law School in New York City and 20 years in the United States Army as both a Cavalry Officer and as a Judge Advocate. During his time as a Judge Advocate, Professor Jensen served in various positions including as the Chief of the Army’s International Law Branch; Deputy Legal Advisor for Task Force Baghdad; Professor of International and Operational Law at The Judge Advocate General’s Legal Center and School; legal advisor to the US contingent of UN Forces deployed to Skopje, Macedonia as part of UNPREDEP; and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard.
Partner, Sullivan & Cromwell LLP
Eric Kadel is engaged in a wide variety of corporate, transactional and regulatory matters. He is a member of the Firm’s Corporate and Finance, Financial Services, Investment Management, Alternative Investment Management, Cybersecurity, and Commodities, Futures and Derivatives Groups. With regard to financings, Mr. Kadel regularly represents participants in capital markets transactions, and dealers and end users in connection with structuring and documenting a wide variety of swaps and other derivatives, including equity, credit default and commodity swaps, options and forwards. Mr. Kadel’s work in the investment management area includes advising public and private investment companies and investment advisers on a wide variety of transactional, regulatory, compliance and other matters, including registration and regulation. Mr. Kadel also advises clients of the Firm regarding developments in the laws regulating the financial services industry and on cybersecurity issues. Mr. Kadel is currently an adjunct professor at George Washington University Law School.
In addition, Mr. Kadel is one of the principal partners in the Firm’s International Trade and Investment practice. He counsels and represents clients on questions about U.S. economic sanctions, including those administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), United States antiboycott requirements under the Export Administration Regulations administered and enforced by the Commerce Department’s Office of Antiboycott Compliance within the Bureau of Industry and Security, Bank Secrecy Act/anti‐money laundering laws and the U.S. Foreign Corrupt Practices Act (“FCPA”). Mr. Kadel’s practice includes analysis of proposed transactions and business relationships; due diligence and design and review of compliance procedures and strategies; and internal investigations, voluntary disclosures and government enforcement actions. Mr. Kadel also regularly advises clients regarding questions arising under Exon-Florio and the transaction review process administered by the Committee on Foreign Investment in the United States (“CFIUS”), and has represented clients before CFIUS on many national security reviews.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Professor of Law, University of Chicago Law School
Daniel Hemel’s research focuses on taxation, nonprofit organizations, administrative law, and federal courts. His academic work has appeared in the California Law Review, Cornell Law Review, Columbia Law Review, Georgetown Law Journal, Journal of Legal Analysis, National Tax Journal, NYU Law Review, Supreme Court Review, Tax Law Review, Texas Law Review, University of Chicago Law Review, and Yale Law Journal, and has been cited by the US Supreme Court as well as the Ninth Circuit and Federal Circuit Courts of Appeals. His op-eds and other writing have appeared in the New York Times, Washington Post, Wall Street Journal, Atlantic, Politico, Slate, TIME Magazine, and Vox. He also has provided on-air legal analysis for CNN, MSNBC, and NPR.
Daniel graduated summa cum laude from Harvard College and received an MPhil with distinction from Oxford University, where he was a Marshall Scholar. He then earned his JD from Yale Law School, where he was editor-in-chief of the Yale Law Journal. Before joining the University of Chicago Law School faculty, he was a law clerk to Associate Justice Elena Kagan on the US Supreme Court. He also clerked for Judge Michael Boudin on the US Court of Appeals for the First Circuit and Judge Sri Srinivasan on the US Court of Appeals for the District of Columbia Circuit, and served as visiting counsel at the Joint Committee on Taxation. He has held visiting professorships at Harvard Law School and Stanford Law School.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Charles I. Francis Professorship in Law, University of Texas at Austin School of Law
Professor Aaron Nielson lectures and writes in the areas of administrative law, civil procedure, and federal courts. Before joining the faculty, he served as Solicitor General of Texas and represented Texas before the U.S. Supreme Court and the Texas Supreme Court, as well as overseeing all appellate litigation for the State. Earlier in his career, he was a professor at Brigham Young University and an appellate and antitrust partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also clerked for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
As Solicitor General, Professor Nielson successfully defended against a First Amendment challenge Texas’s law requiring online pornographers to institute age verification. In 2020, the U.S. Supreme Court appointed him to defend the constitutionality of a federal agency. He currently serves as a Senior Fellow of the Administrative Conference of the United States after completing a six-year term as an appointed public member and chair of the Conference’s Administration & Management Committee.
Nielson’s research focuses on administrative law, federal litigation, and the separation of powers. He has published (or soon will publish) in the Harvard Law Review, Columbia Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Georgetown Law Journal, Cornell Law Review, and Northwestern University Law Review, among others. Nielson has been recognized for teaching for teaching and scholarship and in 2021 received the Federalist Society’s Joseph Story Award, which recognizes a young academic for excellence in legal scholarship, a commitment to teaching, and a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society. He is also an elected member of the American Law Institute.
Professor Nielson received his J.D. magna cum laude from Harvard Law School and an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree summa cum laude from the University of Pennsylvania, majoring in economics and political science.
Professor of Law, Brigham Young University
Professor Paul Stancil joined the Brigham Young University law faculty in 2014. Prior to this, Professor Stancil was a professor at Illinois University College of Law and a shareholder at Godfrey & Kahn, S.C. (Milwaukee), where his practice focused on antitrust and trade regulation matters. Professor Stancil teaches Antitrust Law, Civil Procedure, Public Choice Theory, and Mergers & Acquisitions.
Professor Stancil has broad research interests in law and economics, antitrust law, civil procedure, and public choice theory. He specializes in analyzing the complex incentives that motivate individuals and groups in both the creation and application of law. Professor Stancil has written on the legitimacy of statutory interpretation by courts and the economic incentives facing parties in civil and criminal litigation; he has also written articles exploring the influence of interest groups in various aspects of the political process. Professor Stancil’s research strives to connect a rich theoretical account of law and lawmaking with the complex and often messy dynamics of the real world. He is particularly interested in the role transaction costs play in motivating real-world individual and group behavior.
Professor Stancil’s articles have appeared in the Virginia Law Review, the William & Mary Law Review, the Cardozo Law Review, and the Baylor Law Review, among others.
Professor Stancil earned his B.A. in economics and Spanish from the University of Virginia and graduated Order of the Coif from the University of Virginia School of Law. After law school graduation, Professor Stancil worked for Baker Botts (Houston) and another small Texas firm as an antitrust and litigation associate before leaving to help start an antitrust practice group at Godfrey & Kahn.
President, American Constitution Society for Law and Policy
Caroline Fredrickson joined ACS in 2009 and serves as president. She oversees the group and provides a steady hand of leadership to the nation’s leading progressive legal organization.
During her tenure, Caroline has helped grow ACS, which now has more than 40 lawyer chapters across the country, student chapters in nearly every law school in the United States, and thousands of members throughout the nation. She is an eloquent spokesperson for ACS and the progressive movement on issues such as civil and human rights, judicial nominations and the importance of the courts in America, marriage equality, voting rights, the role of money in politics, labor law, anti-discrimination efforts, and so much more.
She has been widely published on a wide range of legal and constitutional issues and is a frequent guest on television and radio shows, including a notable and well-covered appearance on Fox News’ The O’Reilly Factor in 2012 defending the constitutionality of the Affordable Care Act.
Before joining ACS, Caroline served as the director of the ACLU’s Washington legislative office and as general counsel and legal director of NARAL Pro-Choice America. In addition, Caroline was chief of staff to Sen. Maria Cantwell and deputy chief of staff to then-Senate Democratic Leader Tom Daschle. During the Clinton administration, she served as special assistant to the president for legislative affairs.
Caroline graduated summa cum laude from Yale University with a Bachelor of Arts in Russian and East European Studies in 1986 and from Columbia University School of Law with a J.D. in 1992. In law school, she was a Harlan Fiske Stone scholar, served on the Columbia Law Review and co-founded the Columbia Journal of Gender and Law. Following law school she clerked for James L. Oakes of the United States Court of Appeals for the Second Circuit. She currently is a member of Law Students for Reproductive Justice's Advisory Board.
Guy Anderson Chair and Professor of Law, Brigham Young University Law School
Professor Gedicks holds the Guy Anderson Chair, one of three endowed chairs at the Law School. He is widely published on law and religion, constitutional law, and constitutional interpretation, including two books,The Rhetoric of Church and State: A Critical Analysis of Religion Clause Jurisprudence (Duke University Press, 1995), and Choosing the Dream: The Future of Religion in American Public Life (Greenwood Press, 1991) (with Roger Hendrix).
Professor Gedicks is an active defender of the contraception mandate of the Affordable Care Act and opposes efforts by owners of for-profit businesses to obtain religious exemptions from the mandate. See "One Cheer for Hobby Lobby: Improbably Alternatives, Trutly Strict Scrutiny, and Third-Party Employee Burdens," 38 Harvard Journal of Law & Gender 153 (2015); "RFRA Exemptions from the Contraception Mandate: An Unconstitutional Accommodation of Religion," 49 Harvard Civil Rights-Civil Liberties Law Review (Spring 2014); (with Rebecca Van Tassell); "Invisible Women" Why an Exemption for Hobby Lobby Would Violate the Establishment Clause," 67 Vanderbilt Law Review En Banc 51 (2014) (with Andrew Koppelman); and "With Religious LIberty for All: A Defense of the Affordable Care Act's Contraception Coverage Mandate," 6 Advance 135 (Fall 2012). He was principal author and counsel of record on a U.S. Supreme Court amicus brief filed for himself and twenty other church-state scholars in the Hobby Lobbyand Conestoga Wood cases, arguing that for-profit employer exemptions would violate the Establishment Clause, and also published a widely read op-ed in the Washington Post making the same argument, "Paying for the Boss's Religion" (January 20, 2014).
Other recent publications include "Cross, Crucifix, Culture: An Approach to the Constitutional Meaning of Confessional Symbols," 13 First Amendment Law Review (forthcoming 2015) (with Pasquale Annicchino); "Incorporation of the Establishment Clause Against the States: A Logical, Textual, and HIstorical Account," 88Indiana Law Journal 699 (2013); and "Narrative Pluralism and Doctrinal Incoherence in Hosanna-Tabor," 64 Mercer Law Review 405 (2013). Professor Gedicks is currently working with Professors Robert Tuttle, Micah Schwartzman, and Nelson Tebbe on a freedom of religion casebook for West Publishing.
Professor Gedicks has lectured in Italian at universities throughout Italy, including the Catholic University of the Sacred Heart (at both its Milan and Piacenza campuses), the Graduate Institute of Sant'Anna in Pisa, and the Universities of Alessandria, Como, Florence, Genoa, Milan, Salerno, Siena, and Turin. He was a Visiting Research Fellow for the ReligioWest project at the European University Institute in Florence, Italy during November and December 2012.
Professor Gedicks grew up in New Jersey and southern California. Following graduation from law school and a clerkship on the Ninth Circuit, he practiced corporation and securities law in Phoenix, Arizona, until he entered law teaching. Professor Gedicks joined the BYU law faculty in 1990 after four years at Mercer University in Macon, Georgia, and a year at the University of Denver. He has been a visiting professor at the law schools of the University of North Carolina (Chapel Hill), the University of Notre Dame, and the University of Utah.
President & CEO, National Constitution Center
Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, a nonpartisan nonprofit organization whose mission is to educate the public about the U.S. Constitution. Located steps from Independence Hall in Historic Philadelphia, the Center engages millions of citizens as an interactive museum, national town hall, and provider of nonpartisan resources for civic education. Rosen became President and CEO in 2013 and has developed the Center’s acclaimed Interactive Constitution, which brings together the top conservative and liberal legal scholars in America to discuss areas of agreement and disagreement about every clause of the Constitution. The online resource has received more than 15 million hits since launching in 2015.
Rosen is also professor at The George Washington University Law School and a contributing editor of The Atlantic. He is a highly regarded journalist whose essays and commentaries have appeared in the New York Times Magazine, on National Public Radio, in the New Republic, where he was the legal affairs editor, and The New Yorker, where he was a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and a reviewer for the Los Angeles Timescalled him “the nation’s most widely read and influential legal commentator.”
Rosen is the author of six books including, most recently, a biography of William Howard Taft, published as part of the American Presidents Series. His other books include Louis D. Brandeis: American Prophet; The Supreme Court: The Personalities and Rivalries that Defined America; The Most Democratic Branch: How the Courts Serve America; The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age; and The Unwanted Gaze: The Destruction of Privacy in America. He is co-editor of Constitution 3.0: Freedom and Technological Change.
Rosen is a graduate of Harvard College; Oxford University, where he was a Marshall Scholar; and Yale Law School.
Knights of Columbus Professor of Law and the Catholic Tradition, The Catholic University of America Columbus School of Law
Kevin C. Walsh teaches and writes in the areas of federal jurisdiction, constitutional law, and the U.S. Supreme Court. His scholarship explores the doctrines that define—and delimit—the scope of federal judicial power.
Professor Walsh graduated from Harvard Law School, where he was Articles Chair for Volume 115 of the Harvard Law Review. After graduation, he clerked for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit and Associate Justice Antonin Scalia of the Supreme Court of the United States. He then practiced law at Hunton & Williams LLP and taught as a visiting assistant professor at Villanova University School of Law. Walsh received his A.B. from Dartmouth College, and an M.A. in Theological Studies from the University of Notre Dame. He taught at the University of Richmond School of Law for thirteen years prior to joining The Catholic University of America, where he currently resides.
In early 2011, Professor Walsh filed two amicus curiae briefs addressing jurisdictional issues in the State challenges to the individual mandate in the federal healthcare reform legislation: a brief in Virginia v. Sebelius (United States Court of Appeals for the Fourth Circuit), and a brief in Florida v. HHS (United States Court of Appeals for the Eleventh Circuit).
President, American Constitution Society for Law and Policy
Caroline Fredrickson joined ACS in 2009 and serves as president. She oversees the group and provides a steady hand of leadership to the nation’s leading progressive legal organization.
During her tenure, Caroline has helped grow ACS, which now has more than 40 lawyer chapters across the country, student chapters in nearly every law school in the United States, and thousands of members throughout the nation. She is an eloquent spokesperson for ACS and the progressive movement on issues such as civil and human rights, judicial nominations and the importance of the courts in America, marriage equality, voting rights, the role of money in politics, labor law, anti-discrimination efforts, and so much more.
She has been widely published on a wide range of legal and constitutional issues and is a frequent guest on television and radio shows, including a notable and well-covered appearance on Fox News’ The O’Reilly Factor in 2012 defending the constitutionality of the Affordable Care Act.
Before joining ACS, Caroline served as the director of the ACLU’s Washington legislative office and as general counsel and legal director of NARAL Pro-Choice America. In addition, Caroline was chief of staff to Sen. Maria Cantwell and deputy chief of staff to then-Senate Democratic Leader Tom Daschle. During the Clinton administration, she served as special assistant to the president for legislative affairs.
Caroline graduated summa cum laude from Yale University with a Bachelor of Arts in Russian and East European Studies in 1986 and from Columbia University School of Law with a J.D. in 1992. In law school, she was a Harlan Fiske Stone scholar, served on the Columbia Law Review and co-founded the Columbia Journal of Gender and Law. Following law school she clerked for James L. Oakes of the United States Court of Appeals for the Second Circuit. She currently is a member of Law Students for Reproductive Justice's Advisory Board.
Guy Anderson Chair and Professor of Law, Brigham Young University Law School
Professor Gedicks holds the Guy Anderson Chair, one of three endowed chairs at the Law School. He is widely published on law and religion, constitutional law, and constitutional interpretation, including two books,The Rhetoric of Church and State: A Critical Analysis of Religion Clause Jurisprudence (Duke University Press, 1995), and Choosing the Dream: The Future of Religion in American Public Life (Greenwood Press, 1991) (with Roger Hendrix).
Professor Gedicks is an active defender of the contraception mandate of the Affordable Care Act and opposes efforts by owners of for-profit businesses to obtain religious exemptions from the mandate. See "One Cheer for Hobby Lobby: Improbably Alternatives, Trutly Strict Scrutiny, and Third-Party Employee Burdens," 38 Harvard Journal of Law & Gender 153 (2015); "RFRA Exemptions from the Contraception Mandate: An Unconstitutional Accommodation of Religion," 49 Harvard Civil Rights-Civil Liberties Law Review (Spring 2014); (with Rebecca Van Tassell); "Invisible Women" Why an Exemption for Hobby Lobby Would Violate the Establishment Clause," 67 Vanderbilt Law Review En Banc 51 (2014) (with Andrew Koppelman); and "With Religious LIberty for All: A Defense of the Affordable Care Act's Contraception Coverage Mandate," 6 Advance 135 (Fall 2012). He was principal author and counsel of record on a U.S. Supreme Court amicus brief filed for himself and twenty other church-state scholars in the Hobby Lobbyand Conestoga Wood cases, arguing that for-profit employer exemptions would violate the Establishment Clause, and also published a widely read op-ed in the Washington Post making the same argument, "Paying for the Boss's Religion" (January 20, 2014).
Other recent publications include "Cross, Crucifix, Culture: An Approach to the Constitutional Meaning of Confessional Symbols," 13 First Amendment Law Review (forthcoming 2015) (with Pasquale Annicchino); "Incorporation of the Establishment Clause Against the States: A Logical, Textual, and HIstorical Account," 88Indiana Law Journal 699 (2013); and "Narrative Pluralism and Doctrinal Incoherence in Hosanna-Tabor," 64 Mercer Law Review 405 (2013). Professor Gedicks is currently working with Professors Robert Tuttle, Micah Schwartzman, and Nelson Tebbe on a freedom of religion casebook for West Publishing.
Professor Gedicks has lectured in Italian at universities throughout Italy, including the Catholic University of the Sacred Heart (at both its Milan and Piacenza campuses), the Graduate Institute of Sant'Anna in Pisa, and the Universities of Alessandria, Como, Florence, Genoa, Milan, Salerno, Siena, and Turin. He was a Visiting Research Fellow for the ReligioWest project at the European University Institute in Florence, Italy during November and December 2012.
Professor Gedicks grew up in New Jersey and southern California. Following graduation from law school and a clerkship on the Ninth Circuit, he practiced corporation and securities law in Phoenix, Arizona, until he entered law teaching. Professor Gedicks joined the BYU law faculty in 1990 after four years at Mercer University in Macon, Georgia, and a year at the University of Denver. He has been a visiting professor at the law schools of the University of North Carolina (Chapel Hill), the University of Notre Dame, and the University of Utah.
President & CEO, National Constitution Center
Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, a nonpartisan nonprofit organization whose mission is to educate the public about the U.S. Constitution. Located steps from Independence Hall in Historic Philadelphia, the Center engages millions of citizens as an interactive museum, national town hall, and provider of nonpartisan resources for civic education. Rosen became President and CEO in 2013 and has developed the Center’s acclaimed Interactive Constitution, which brings together the top conservative and liberal legal scholars in America to discuss areas of agreement and disagreement about every clause of the Constitution. The online resource has received more than 15 million hits since launching in 2015.
Rosen is also professor at The George Washington University Law School and a contributing editor of The Atlantic. He is a highly regarded journalist whose essays and commentaries have appeared in the New York Times Magazine, on National Public Radio, in the New Republic, where he was the legal affairs editor, and The New Yorker, where he was a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and a reviewer for the Los Angeles Timescalled him “the nation’s most widely read and influential legal commentator.”
Rosen is the author of six books including, most recently, a biography of William Howard Taft, published as part of the American Presidents Series. His other books include Louis D. Brandeis: American Prophet; The Supreme Court: The Personalities and Rivalries that Defined America; The Most Democratic Branch: How the Courts Serve America; The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age; and The Unwanted Gaze: The Destruction of Privacy in America. He is co-editor of Constitution 3.0: Freedom and Technological Change.
Rosen is a graduate of Harvard College; Oxford University, where he was a Marshall Scholar; and Yale Law School.
Knights of Columbus Professor of Law and the Catholic Tradition, The Catholic University of America Columbus School of Law
Kevin C. Walsh teaches and writes in the areas of federal jurisdiction, constitutional law, and the U.S. Supreme Court. His scholarship explores the doctrines that define—and delimit—the scope of federal judicial power.
Professor Walsh graduated from Harvard Law School, where he was Articles Chair for Volume 115 of the Harvard Law Review. After graduation, he clerked for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit and Associate Justice Antonin Scalia of the Supreme Court of the United States. He then practiced law at Hunton & Williams LLP and taught as a visiting assistant professor at Villanova University School of Law. Walsh received his A.B. from Dartmouth College, and an M.A. in Theological Studies from the University of Notre Dame. He taught at the University of Richmond School of Law for thirteen years prior to joining The Catholic University of America, where he currently resides.
In early 2011, Professor Walsh filed two amicus curiae briefs addressing jurisdictional issues in the State challenges to the individual mandate in the federal healthcare reform legislation: a brief in Virginia v. Sebelius (United States Court of Appeals for the Fourth Circuit), and a brief in Florida v. HHS (United States Court of Appeals for the Eleventh Circuit).
Associate Professor of Law, Brigham Young University J. Reuben Clark Law School
Eric Talbot Jensen teaches and writes in the areas of Public International Law, Criminal Law, The Law of Armed Conflict, International Criminal Law, and National Security Law. His recent scholarship has appeared in the Texas, Temple, Houston, and Israel Law Reviews, as well as the Stanford Law and Policy Review, Virginia Journal of International Law, Vanderbilt Journal of Transnational Law, and Stanford Journal of International Law. Professor Jensen is a co-author on an Oxford University text analyzing application of the laws of war to the war on terror and is also co-authoring a law school casebook on the Law of Armed Conflict for Aspen Publishing.
Prior to joining the BYU law faculty in 2011, Professor Jensen spent 2 years teaching at Fordham Law School in New York City and 20 years in the United States Army as both a Cavalry Officer and as a Judge Advocate. During his time as a Judge Advocate, Professor Jensen served in various positions including as the Chief of the Army’s International Law Branch; Deputy Legal Advisor for Task Force Baghdad; Professor of International and Operational Law at The Judge Advocate General’s Legal Center and School; legal advisor to the US contingent of UN Forces deployed to Skopje, Macedonia as part of UNPREDEP; and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard.
Partner, Sullivan & Cromwell LLP
Eric Kadel is engaged in a wide variety of corporate, transactional and regulatory matters. He is a member of the Firm’s Corporate and Finance, Financial Services, Investment Management, Alternative Investment Management, Cybersecurity, and Commodities, Futures and Derivatives Groups. With regard to financings, Mr. Kadel regularly represents participants in capital markets transactions, and dealers and end users in connection with structuring and documenting a wide variety of swaps and other derivatives, including equity, credit default and commodity swaps, options and forwards. Mr. Kadel’s work in the investment management area includes advising public and private investment companies and investment advisers on a wide variety of transactional, regulatory, compliance and other matters, including registration and regulation. Mr. Kadel also advises clients of the Firm regarding developments in the laws regulating the financial services industry and on cybersecurity issues. Mr. Kadel is currently an adjunct professor at George Washington University Law School.
In addition, Mr. Kadel is one of the principal partners in the Firm’s International Trade and Investment practice. He counsels and represents clients on questions about U.S. economic sanctions, including those administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), United States antiboycott requirements under the Export Administration Regulations administered and enforced by the Commerce Department’s Office of Antiboycott Compliance within the Bureau of Industry and Security, Bank Secrecy Act/anti‐money laundering laws and the U.S. Foreign Corrupt Practices Act (“FCPA”). Mr. Kadel’s practice includes analysis of proposed transactions and business relationships; due diligence and design and review of compliance procedures and strategies; and internal investigations, voluntary disclosures and government enforcement actions. Mr. Kadel also regularly advises clients regarding questions arising under Exon-Florio and the transaction review process administered by the Committee on Foreign Investment in the United States (“CFIUS”), and has represented clients before CFIUS on many national security reviews.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Professor of Law, University of Chicago Law School
Daniel Hemel’s research focuses on taxation, nonprofit organizations, administrative law, and federal courts. His academic work has appeared in the California Law Review, Cornell Law Review, Columbia Law Review, Georgetown Law Journal, Journal of Legal Analysis, National Tax Journal, NYU Law Review, Supreme Court Review, Tax Law Review, Texas Law Review, University of Chicago Law Review, and Yale Law Journal, and has been cited by the US Supreme Court as well as the Ninth Circuit and Federal Circuit Courts of Appeals. His op-eds and other writing have appeared in the New York Times, Washington Post, Wall Street Journal, Atlantic, Politico, Slate, TIME Magazine, and Vox. He also has provided on-air legal analysis for CNN, MSNBC, and NPR.
Daniel graduated summa cum laude from Harvard College and received an MPhil with distinction from Oxford University, where he was a Marshall Scholar. He then earned his JD from Yale Law School, where he was editor-in-chief of the Yale Law Journal. Before joining the University of Chicago Law School faculty, he was a law clerk to Associate Justice Elena Kagan on the US Supreme Court. He also clerked for Judge Michael Boudin on the US Court of Appeals for the First Circuit and Judge Sri Srinivasan on the US Court of Appeals for the District of Columbia Circuit, and served as visiting counsel at the Joint Committee on Taxation. He has held visiting professorships at Harvard Law School and Stanford Law School.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Charles I. Francis Professorship in Law, University of Texas at Austin School of Law
Professor Aaron Nielson lectures and writes in the areas of administrative law, civil procedure, and federal courts. Before joining the faculty, he served as Solicitor General of Texas and represented Texas before the U.S. Supreme Court and the Texas Supreme Court, as well as overseeing all appellate litigation for the State. Earlier in his career, he was a professor at Brigham Young University and an appellate and antitrust partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also clerked for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
As Solicitor General, Professor Nielson successfully defended against a First Amendment challenge Texas’s law requiring online pornographers to institute age verification. In 2020, the U.S. Supreme Court appointed him to defend the constitutionality of a federal agency. He currently serves as a Senior Fellow of the Administrative Conference of the United States after completing a six-year term as an appointed public member and chair of the Conference’s Administration & Management Committee.
Nielson’s research focuses on administrative law, federal litigation, and the separation of powers. He has published (or soon will publish) in the Harvard Law Review, Columbia Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Georgetown Law Journal, Cornell Law Review, and Northwestern University Law Review, among others. Nielson has been recognized for teaching for teaching and scholarship and in 2021 received the Federalist Society’s Joseph Story Award, which recognizes a young academic for excellence in legal scholarship, a commitment to teaching, and a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society. He is also an elected member of the American Law Institute.
Professor Nielson received his J.D. magna cum laude from Harvard Law School and an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree summa cum laude from the University of Pennsylvania, majoring in economics and political science.
Impartialism: Judging and the Rule of Law
Salt Lake City Lawyers Chapter
Salt Lake City , UTThe Third Annual Mike Lewis Memorial Teleforum: Cyberwar and International Law
Eric Jensen, Eric J. Kadel, Jeremy A. Rabkin
There is broad agreement that international law applies to cyber conflict. There is less agreement...
The Third Annual Mike Lewis Memorial Teleforum: Cyberwar and International Law
TeleforumTopics
The Third Annual Mike Lewis Memorial Teleforum
There is broad agreement that international law applies to cyber conflict. There is less agreement...
The ACA and Appropriations: Does the Administration Have the Authority?
Daniel Hemel, Andrew McCarthy, Aaron Nielson
Last month the Trump Administration announced that it will end the Affordable Care Act's government...
The ACA and Appropriations: Does the Administration Have the Authority?
Administrative Law & Regulation Practice Group Teleforum
TeleforumCalifornia Public Employees’ Retirement System v. ANZ Securities - Post-Argument SCOTUScast
Paul J. Stancil
On April 17, 2017, the Supreme Court heard oral argument in California Public Employees’ Retirement...
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Most Popular Student Events of 2015
The Federalist Society was born on law school campuses as a venue for debates and...
Debate: Hobby Lobby Decision
Caroline Fredrickson, Frederick Gedicks, Jeffrey Rosen, Kevin C. Walsh
The Freedom Restoration Act prohibits the federal government from requiring closely held corporations to provide contraceptive...
Debate: Hobby Lobby Decision
Caroline Fredrickson, Frederick Gedicks, Jeffrey Rosen, Kevin C. Walsh
The Freedom Restoration Act prohibits the federal government from requiring closely held corporations to provide contraceptive...