John Hampton Baumgartner, Jr. Professor of Real Property Law; Faculty Director, Georgetown Environmental Law and Policy Program; Faculty Director, Georgetown Climate Resource Center, Georgetown Law Center
Professor Byrne joined the Law Center faculty in 1985. After graduation from the University of Virginia law school, he served as a law clerk to Judge Frank Coffin and U.S. Supreme Court Justice Lewis Powell and then worked as an associate with the D.C. firm of Covington & Burling. He teaches and writes in the areas of Property, Land Use, Constitutional Law, and Higher Education Law and Policy. He served as Associate Dean for the JD Program from 1997 to 2000. He was John Carroll Research Professor in 1996-97.
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.
Of Counsel, McElroy, Deutsch, Mulvaney & Carpenter, LLP
WESLEY W. HORTON is Of Counsel in the Firm’s Hartford, Connecticut office. Mr. Horton’s appellate practice covers a wide variety of legal issues, from constitutional matters, to domestic relations, insurance, personal injury, and land use. He began his law career as the law clerk to Justice Charles House of the Connecticut Supreme Court (1970 to 1971). Building on that experience, he has participated in some of the most notable cases in Connecticut, representing individuals and corporations. The list of cases on which he appears as counsel, either at argument or on the brief, spans 50 years and numbers in the hundreds. He has argued more than 135 cases to the Connecticut Supreme Court and is well-known for representing the City of New London in Kelo v. New London before the U.S. Supreme Court in 2005.
Mr. Horton consults with counsel at the trial level to assist with complicated legal matters or in preparation for possible appellate issues. Such cases include representation of insurers and plaintiffs, contract questions, coverage issues and divorce litigation involving multi-million dollar estates.
He has been a Fellow of the American Academy of Appellate Lawyers since 1991. Membership in the Academy is by invitation only. Mr. Horton served as President of the American Counsel Association (2008-2009), of which he has been a member since 1991. He has been President of the Connecticut Supreme Court Historical Society since its founding in 2005.
Mr. Horton represents lawyers on ethical matters. He also testifies as an expert witness in Connecticut trial courts on ethical and malpractice matters as well as with regard to attorney’s fees. He served as the Chair of the Connecticut Bar Association’s Professional Ethics Committee (1997 through 2007), and has been a member of the Committee since 1976.
Mr. Horton is a graduate of Harvard College and the University of Connecticut School of Law, and the author or co-author of several scholarly publications and articles on legal topics. He is the recipient of many professional awards, including the University of Connecticut Law School Alumni Association’s Medal of Excellence; and currently serves on the Board of Editors for the Connecticut Law Tribune, and as a Lecturer and Adjunct Professor at the University of Connecticut School of Law . He has been co-author since 1978 of the annually published Connecticut Appellate Rules Annotated and the Connecticut Superior Court Rules Annotated, both published by Thomson/West. He also co-authored the “Connecticut Appellate Review,” an annual review of Connecticut Supreme and appellate Court cases, from1980 to 2022. Mr. Horton authored the History of the Connecticut Supreme Court, published by West Publishing. He also wrote The Connecticut State Constitution, an in-depth study of each provision of the Connecticut Constitution. Mr. Horton taught Appellate advocacy at the University of Connecticut School of Law most years from 1980 to 2023 and frequently lectures on constitutional and appellate issues.
Vice President for Legal Affairs, Goldwater Institute
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.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
Regulatory Counsel, Americans for Prosperity Foundation
Mike Pepson is regulatory counsel at Americans for Prosperity Foundation, which frequently files amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeals, and state Supreme Courts, as well as public comments in various federal and state regulatory proceedings. Mike assists AFPF with its efforts involving separation of powers, administrative process, criminal justice reform, tech and innovation, and other issues.
He is also Special Counsel for Administrative Law at Cause of Action Institute, where he has been involved in complex civil and criminal litigation in federal district and appellate courts and administrative litigation before federal agencies in a variety of matters, including agency enforcement actions, statutory and constitutional challenges to federal regulations and agency decisions, and Section 1983 challenges to state statutes.
He received his LL.M. from Columbia Law School, J.D. from The Catholic University of America, Columbus School of Law, and B.A. from Loyola College in Baltimore, Maryland.
Ashe Family Chair Professor of Law, Georgia State University College of Law
Eric J. Segall graduated from Emory University, Phi Beta Kappa and summa cum laude, and from Vanderbilt Law School, where he was the research editor for the Law Review and member of Order of the Coif. He clerked for the Chief Judge Charles Moye Jr. for the Northern District of Georgia, and Albert J. Henderson of the 11th Circuit Court of Appeals. After his clerkships, Segall worked for Gibson, Dunn & Crutcher and the U.S. Department of Justice, before joining the Georgia State faculty in 1991.
Segall teaches federal courts and constitutional law I and II. He is the author of the books Originalism as Faith and Supreme Myths: Why the Supreme Court is not a Court and its Justices are not Judges. His articles on constitutional law have appeared in, among others, the Harvard Law Review Forum, the Stanford Law Review On Line, the UCLA Law Review, the George Washington Law Review, the Washington University Law Review, the University of Pennsylvania Journal of Constitutional Law, the Northwestern University Law Review Colloquy, and Constitutional Commentary among many others.
Segall’s op-eds and essays have appeared in the New York Times, the LA Times, The Atlantic, SLATE, Vox, Salon, and the Daily Beast, among others. He has appeared on CNN, Fox News, MSNBC, and France 24 and all four of Atlanta’s local television stations. He has also appeared on numerous local and national radio shows.
Former Solicitor General of Texas
Jonathan F. Mitchell is Principal at Mitchell Law PLLC. He received his law degree with high honors from the University of Chicago Law School, where he was an articles editor of The University of Chicago Law Review and a member of the Order of the Coif.
After graduating from law school, Mr. Mitchell clerked for Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit and for Justice Antonin Scalia of the Supreme Court of the United States. He then served as an Attorney-Adviser in the Office of Legal Counsel of the United States Department of Justice from 2003 through 2006. After leaving the Department of Justice, Mr. Mitchell served as a Visiting Researcher at Georgetown University Law Center, a Visiting Assistant Professor at the University of Chicago Law School from 2006 through 2008, and an Assistant Professor of Law at George Mason University from 2008 through 2010.
In 2010, Mr. Mitchell was appointed Solicitor General of Texas, a position he held until January 2015. After leaving the Texas Solicitor General’s office, Mr. Mitchell served as the Searle Visiting Professor of Law at the University of Texas School of Law before joining the Hoover Institution as a Visiting Fellow from 2015 to 2016. Mr. Mitchell also served as a Visiting Professor of Law at Stanford Law School before opening his own law firm in 2018.
Mr. Mitchell has published numerous works of scholarship in top-10 law journals, and he has written articles on textualism, national-security law, criminal law and procedure, judicial review and judicial federalism, and the legality of stare decisis in constitutional adjudication.
Mr. Mitchell has argued eight times before the Supreme Court of the United States, and more than 20 times in the federal courts of appeals. He has also argued before Supreme Court of Texas and in numerous trial courts. Mr. Mitchell has authored the principal merits brief in 11 Supreme Court cases, and has written and submitted more than 20 amicus curiae briefs in the Supreme Court.
Mr. Mitchell devised the novel enforcement mechanism in the Texas Heartbeat Act, also known as Senate Bill 8, which avoids pre-enforcement judicial review by prohibiting government officials from enforcing the statute and empowering private citizens to bring lawsuits against those who violate it. This produced an end-run around Roe v. Wade and allowed Texas and other states to impose pre-viability abortion bans despite the continued existence of Roe.
General Counsel, xAI and X
20 Years Later: Kelo v. City of New London
J. Peter Byrne, Eric R. Claeys, Wesley W. Horton, Timothy Sandefur, Ilya Somin
In June of 2005, the U.S. Supreme Court held in Kelo v. City of New...
Can the Federal Government Ban At-Home Distilling?
Thomas Berry, Theodore Cooperstein, Michael D. Pepson, Eric J. Segall
After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995)...
Open Minds with Jonathan Mitchell and James Burnham - Part I
Jonathan Mitchell, James M. Burnham
In the first part of this interview, James Burnham and Jonathan Mitchell discuss his unusual...