Professor of Political Science, Northeastern University
Professor of Law Emeritus, Brooklyn Law
Henry Mark Holzer received his B.A. degree from New York University where he studied Russian and political science. After graduation in 1954 he served in South Korea with United States Army intelligence, holding top secret clearance as chief order of battle analyst (Chinese Communist Forces) at Eighth Army Headquarters in Seoul. Following Professor Holzer’s military service he earned his Juris Doctor degree at New York University School of Law. After his admission to the New York bar in December 1959 he practiced constitutional and appellate law.
From 1972 to 1993 he taught full time at Brooklyn Law School, and for two years was an associate dean. His courses included Constitutional Law, Administrative Law, Civil Liberties, First Amendment and Appellate Advocacy. In the fall of 1993, he taught as a visiting professor at the University of New Mexico School of Law in Albuquerque.
He is author of approximately 300 articles, essays, and reviews. He has published legal and political commentary on current issues in print and electronic media, and has often been interviewed on radio and television.
Several of his out-of-print books are The Gold Clause: Government’s Money Monopoly; Sweet Land of Liberty? The Supreme Court and Individual Rights; Speaking Freely: The Case Against Speech Codes; Why Not Call it Treason? Korea, Vietnam, Afghanistan and Today. With his wife, Erika Holzer, he is co-author of “Aid and Comfort”: Jane Fonda in North Vietnam; and Fake Warriors: Identifying, Exposing, and Punishing Those Who Falsify Their Military Service.
His book The Supreme Court Opinions of Clarence Thomas, 1919-2006, was published in 2007. The second edition, covering the years 1991-2011 was published in 2012. Also published in 2012, in a print edition and eBook, was Professor Holzer’s book The American Constitution and Ayn Rand’s “Inner Contradiction.”
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Senior Judge, United States Court of Appeals, Ninth Circuit
John T. Noonan, Jr. was a federal judge on senior status with the United States Court of Appeals for the 9th Circuit. He joined the court in 1985 after being nominated by President Ronald Reagan. He assumed senior status on December 27, 1996, and served as a senior judge until his death on April 17, 2017.
Senior Counsel, American Civil Liberties Union
Arthur B. Spitzer was the Legal Director of the ACLU of the District of Columbia from April Fool’s Day, 1980 until April 2020, when he became Senior Counsel. His work has spanned the range of ACLU issues, including freedom of speech and religion, police misconduct, national security, due process, privacy, prisoners’ rights, the rights of government employees, freedom of information, discrimination based on race, sex, religion, sexual orientation and gender preference, and more.
He has represented such varied clients as Mohamedou Ould Slahi (a Guantánamo detainee held without charge for 14 years), Louis Farrakhan (when he was barred from attending then-D.C. Mayor Marion Barry’s criminal trial), the Ku Klux Klan (when it was denied a permit to march in D.C.), the National Black Police Association (challenging ultra-low D.C. election campaign contribution limits), the White House Vigil for the Equal Rights Amendment (challenging restrictive regulations for demonstrating near the White House), People for the Ethical Treatment of Animals (when its design for an abused circus elephant was rejected from a public art display), Milo Yiannopoulos (whose advertisement for his new book was denied advertising by the D.C. transit authority), and both John and Jane Doe.
In Abbate v. Ramsey, Art represented some of the nearly 400 protestors arrested at an anti-World Bank demonstration in Pershing Park in 2002, challenging their illegal arrest and inhumane detention, and resulting in a settlement that included major changes in D.C. police practices in demonstration situations. He also had a major hand in crafting the legislation that created the D.C. police civilian review board (now known as the Office of Police Complaints) and the First Amendment Rights and Police Practices Act, a model statute governing D.C. police conduct during the peaceful exercise of free speech rights.
Other cases include Harmon v. Thornburgh (challenging random drug testing of Justice Department employees), Walsh v. Montrose Christian School (representing longtime school secretaries and a cafeteria worker at a Christian School who were fired because they were not members of the church), Schroer v. Billington (representing a trans woman who was fired by the Library of Congress when she disclosed her status), Center for National Security Studies v. U.S. Department of Justice (challenging the secret detention of immigrants after 9/11), Wimberly v. D.C. Board of Elections and Ethics (blocking a proposed ballot initiative to permit organized group prayer in D.C. public schools), and LaShawn A. v. Bowser (a still-ongoing class action filed in 1989 to reform D.C.’s dysfunctional foster care system).
In the Supreme Court, Art successfully argued Ake v. Oklahoma, which ruled that poor criminal defendants are entitled to free expert witnesses when needed for their defense, just as they’re entitled to free lawyers.
Art was born in Brooklyn (yay!), raised in Queens, and educated at Cornell University and Yale Law School. Before ascending to the ACLU, he practiced for several years at the law firm now known as WilmerHale. He has taught a course in “Demonstration Law” at the University of the District of Columbia School of Law.
His dog is Taxi; his cats are Tigris and Euphrates. He is not and has never been related to former New York governor Elliot Spitzer.
Professor of Political Science, Northeastern University
Professor of Law Emeritus, Brooklyn Law
Henry Mark Holzer received his B.A. degree from New York University where he studied Russian and political science. After graduation in 1954 he served in South Korea with United States Army intelligence, holding top secret clearance as chief order of battle analyst (Chinese Communist Forces) at Eighth Army Headquarters in Seoul. Following Professor Holzer’s military service he earned his Juris Doctor degree at New York University School of Law. After his admission to the New York bar in December 1959 he practiced constitutional and appellate law.
From 1972 to 1993 he taught full time at Brooklyn Law School, and for two years was an associate dean. His courses included Constitutional Law, Administrative Law, Civil Liberties, First Amendment and Appellate Advocacy. In the fall of 1993, he taught as a visiting professor at the University of New Mexico School of Law in Albuquerque.
He is author of approximately 300 articles, essays, and reviews. He has published legal and political commentary on current issues in print and electronic media, and has often been interviewed on radio and television.
Several of his out-of-print books are The Gold Clause: Government’s Money Monopoly; Sweet Land of Liberty? The Supreme Court and Individual Rights; Speaking Freely: The Case Against Speech Codes; Why Not Call it Treason? Korea, Vietnam, Afghanistan and Today. With his wife, Erika Holzer, he is co-author of “Aid and Comfort”: Jane Fonda in North Vietnam; and Fake Warriors: Identifying, Exposing, and Punishing Those Who Falsify Their Military Service.
His book The Supreme Court Opinions of Clarence Thomas, 1919-2006, was published in 2007. The second edition, covering the years 1991-2011 was published in 2012. Also published in 2012, in a print edition and eBook, was Professor Holzer’s book The American Constitution and Ayn Rand’s “Inner Contradiction.”
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Senior Judge, United States Court of Appeals, Ninth Circuit
John T. Noonan, Jr. was a federal judge on senior status with the United States Court of Appeals for the 9th Circuit. He joined the court in 1985 after being nominated by President Ronald Reagan. He assumed senior status on December 27, 1996, and served as a senior judge until his death on April 17, 2017.
Senior Counsel, American Civil Liberties Union
Arthur B. Spitzer was the Legal Director of the ACLU of the District of Columbia from April Fool’s Day, 1980 until April 2020, when he became Senior Counsel. His work has spanned the range of ACLU issues, including freedom of speech and religion, police misconduct, national security, due process, privacy, prisoners’ rights, the rights of government employees, freedom of information, discrimination based on race, sex, religion, sexual orientation and gender preference, and more.
He has represented such varied clients as Mohamedou Ould Slahi (a Guantánamo detainee held without charge for 14 years), Louis Farrakhan (when he was barred from attending then-D.C. Mayor Marion Barry’s criminal trial), the Ku Klux Klan (when it was denied a permit to march in D.C.), the National Black Police Association (challenging ultra-low D.C. election campaign contribution limits), the White House Vigil for the Equal Rights Amendment (challenging restrictive regulations for demonstrating near the White House), People for the Ethical Treatment of Animals (when its design for an abused circus elephant was rejected from a public art display), Milo Yiannopoulos (whose advertisement for his new book was denied advertising by the D.C. transit authority), and both John and Jane Doe.
In Abbate v. Ramsey, Art represented some of the nearly 400 protestors arrested at an anti-World Bank demonstration in Pershing Park in 2002, challenging their illegal arrest and inhumane detention, and resulting in a settlement that included major changes in D.C. police practices in demonstration situations. He also had a major hand in crafting the legislation that created the D.C. police civilian review board (now known as the Office of Police Complaints) and the First Amendment Rights and Police Practices Act, a model statute governing D.C. police conduct during the peaceful exercise of free speech rights.
Other cases include Harmon v. Thornburgh (challenging random drug testing of Justice Department employees), Walsh v. Montrose Christian School (representing longtime school secretaries and a cafeteria worker at a Christian School who were fired because they were not members of the church), Schroer v. Billington (representing a trans woman who was fired by the Library of Congress when she disclosed her status), Center for National Security Studies v. U.S. Department of Justice (challenging the secret detention of immigrants after 9/11), Wimberly v. D.C. Board of Elections and Ethics (blocking a proposed ballot initiative to permit organized group prayer in D.C. public schools), and LaShawn A. v. Bowser (a still-ongoing class action filed in 1989 to reform D.C.’s dysfunctional foster care system).
In the Supreme Court, Art successfully argued Ake v. Oklahoma, which ruled that poor criminal defendants are entitled to free expert witnesses when needed for their defense, just as they’re entitled to free lawyers.
Art was born in Brooklyn (yay!), raised in Queens, and educated at Cornell University and Yale Law School. Before ascending to the ACLU, he practiced for several years at the law firm now known as WilmerHale. He has taught a course in “Demonstration Law” at the University of the District of Columbia School of Law.
His dog is Taxi; his cats are Tigris and Euphrates. He is not and has never been related to former New York governor Elliot Spitzer.
United States District Judge, Middle District of Florida
Judge Berger was raised in Jacksonville, Florida. She received her undergraduate degree from The Florida State University in 1990 and her law degree from The Florida State University College of Law in 1992, where she was a member of Law Review. Judge Berger served as an Assistant State Attorney in the Seventh Judicial Circuit from 1993 – 2000. In January 2001, Judge Berger left the State Attorney’s Office to serve as an Assistant General Counsel to Governor Jeb Bush. Judge Berger served in Governor Bush’s administration from January 2001 until May 2005, when she was appointed by the governor to serve as a Circuit Judge in the Seventh Judicial Circuit. During her service on the circuit court, Judge Berger presided over the civil and probate divisions (2005-2006) and adult felony division (2006-2012) in St. Augustine. She was also the presiding judge of the St. Johns County Adult Drug Court Program (2005-2012).
Judge Berger is currently a member of the St. Johns County Bar Association, the Orange County Bar Association, The Florida Supreme Court Committee on Civil Jury Instructions, the Florida Bar Criminal Procedure Rules Committee, the Florida Bar Appellate Practice Section’s Executive Council, the Dunn Blount Inn of Court, and the Federalist Society. She has prior service on the Florida Bar’s Judicial Administration and Evaluation Committee (2008 – 2013), the Judicial Administration Selection and Tenure Committee (2001-2004), the Florida Supreme Court Subcommittee on Postconviction Relief (2010-2011), the Statewide Diversity Team (2009-2012), and has been a member of both the National Association of Drug Court Professionals and the Florida Association of Drug Court Professionals.
Judge Berger has lectured on a wide range of topics including practicing with professionalism, judicial diversity, the judicial appointment process, effective oral arguments, fundamentals of extradition, capital cases, gender bias in the media, drug court, and drug and alcohol prevention.
Active in her community, Judge Berger served as a member of the St. Johns County Consortium on Substance Abuse as well as the St. Johns County Public Safety Committee. She is a member of the St. Augustine Rotary Club (Paul Harris Fellow) and is a steering committee member of The Marketplace Christian Professional Resources. She volunteers in the schools, has served as a reading mentor, and participates in the PACT Prevention Coalition’s Safe Prom Event. Judge Berger is also an active member of Trinity Episcopal Parish.
Judge Berger and her husband, Larry, live in St. Augustine with their two children.
Associate Chief Justice, Utah Supreme Court
Thomas R. Lee was appointed to the Utah Supreme Court by Governor Gary Herbert in July 2010. He currently serves as Associate Chief Justice and as a member of the Utah Judicial Council. He also chaired the Supreme Court's Advisory Committee on Professionalism and Civility during a time in which the court promulgated Standards of Professionalism and Civility for judges in Utah. Justice Lee is a graduate, with high honors, of the University of Chicago Law School. After law school, he served as a law clerk for Judge J. Harvie Wilkinson, III, of the United States Court of Appeals for the Fourth Circuit and then for Justice Clarence Thomas of the United States Supreme Court. Justice Lee then joined the law firm now known as Parr, Brown, Gee & Loveless, where he became a shareholder. Prior to his appointment to the bench, Justice Lee was a full-time professor at the law school at Brigham Young University, where he continues to serve as Distinguished Lecturer. During his years as a full-time law professor, he maintained a part-time intellectual property litigation practice with Howard, Phillips, & Andersen. He also developed a part-time appellate practice, arguing numerous cases in federal courts throughout the country and in the United States Supreme Court. In 2004 - 05, Justice Lee served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice.
Don Forchelli Professor of Law and Director of Graduate Education, Brooklyn Law School
Lawrence Solan holds both a law degree and a Ph.D. in linguistics. His scholarly works are largely devoted to exploring interdisciplinary issues related to law, language and psychology, especially in the areas of statutory and contractual interpretation, the attribution of liability and blame, and linguistic evidence. He is director of the Law School's Center for the Study of Law, Language and Cognition, and his acclaimed book, The Language of Judges, is widely recognized as a seminal work on linguistic theory and legal argumentation. His most recent books are The Language of Statutes: Laws and their Interpretation, published by the University of Chicago Press in 2010, and The Oxford Handbook of Language and Law, co-edited with Peter Tiersma and published in 2012. He has authored numerous articles and book chapters, and regularly lectures in the United States and abroad.
Professor Solan has been a visiting professor in the Council of Humanities and the Psychology Department at Princeton University. He has also been and a visiting professor at Yale Law School. He has served as president of the International Association of Forensic Linguistics, is on the board of the International Academy of Law and Mental Health, and the editorial board of the International Journal of Speech, Language and the Law.
Prior to joining the faculty in 1996, Professor Solan was a partner in the firm of Orans, Elsen and Lupert, where he specialized in complex civil litigation, before which he was a law clerk to Justice Stewart Pollock of the Supreme Court of New Jersey.
Assistant Professor of Law, Georgetown Law
Professor Tobia’s teaching and scholarship are motivated by a tension between two views of the law. On the first view, law is a system of experts, founded upon knowledge of specialized concepts: dicta, habeas corpus, parol evidence, strict liability. Law students learn these new concepts; treatises and restatements clarify these concepts’ features; and legal scholars debate how these concepts should apply and evolve. On a radically different view, law’s most central concepts are actually ordinary ones. Lay juries regularly evaluate familiar questions like: did he act reasonably; was her act intentional; what caused the outcome; was the agreement formed with consent; what was their motive? Using methods from philosophy, cognitive science, and linguistics, Professor Tobia’s research examines the features of central legal concepts, with the overarching aim of clarifying the relationship between law and the people it governs.
Prof. Tobia received a B.A., summa cum laude, in Philosophy, Mathematics, and Cognitive Science from Rutgers University; a B.Phil. with distinction from Oxford as an Ertegun Scholar; and a J.D. and Ph.D. with distinction from Yale, as an Articles Editor of the Yale Law Journal, Coker Teaching Fellow in Torts, and Prize Teaching Fellow in Philosophy. Kevin’s scholarship has appeared in the Harvard Law Review, Yale Law Journal, and journals of philosophy and cognitive science (e.g. Analysis; Mind & Language; Cognitive Science) and has been awarded Yale Law School’s Felix S. Cohen prize for legal philosophy and the AALS Section on Jurisprudence “Future Promise Award” for scholarship in legal philosophy.
Professor Tobia teaches in Torts and Section 3’s Legal Justice Seminar at Georgetown and has previously taught Legal Philosophy at Oxford and assisted in the instruction of courses in Contracts, Torts, Health Law & Bioethics, and Law & Economics. Professor Tobia frequently collaborates with scholars from Georgetown and abroad, as a Research Affiliate with the ETH Zurich Center for Law & Economics and collaborator in the Experimental Jurisprudence Cross-Cultural Study exchange.
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.
Cary Fields Professor of Law; Co-Director, Center for Law and Religion, St. John's University School of Law
Professor DeGirolami has research interests in law and religion, freedom of speech, constitutional law, tort law, and criminal law. His book, The Tragedy of Religious Freedom, was published by Harvard University Press in 2013. His papers have been or will be published in various law journals including Notre Dame Law Review, Washington University Law Review, Stanford Law and Policy Review, Constitutional Commentary, Legal Theory, Ohio State Journal of Criminal Law, Boston College Law Review, San Diego Law Review, Alabama Law Review, and St. John's Law Review, among others. He has written for The New York Times, The New Republic, The Weekly Standard, First Things, Commonweal, and The Library of Law and Liberty. He is the Cary Fields Professor of Law and the Co-director of the Center for Law and Religion.
Following law school, Professor DeGirolami clerked for Judge William E.Smith of the U.S. District Court for the District of Rhode Island and Judge Jerome Farris of the U.S. Court of Appeals for the Ninth Circuit. His professional experience includes service as an Assistant District Attorney in Cambridge, Massachusetts. Prior to joining the St. John's faculty, he was an Associate-in-Law at Columbia Law School, and Visiting Assistant Professor and Scholar in Residence at Catholic University's Columbus School of Law. He was a Visiting Fellow at Princeton University in 2019, in the Department of Politics’ James Madison Program. He was a Visiting Fellow at Princeton University in 2019, in the Department of Politics' James Madison Program, and a Visiting Professor at Notre Dame Law School in Spring 2020.
At St. John's, he teaches or has taught Constitutional Law, Constitutional Theory, Criminal Law, courses in Law and Religion, Professional Responsibility, and Torts.
Professor of Law, Northwestern University Pritzker School of Law
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Associate Professor of Government; Pre-Law Advisor, Patrick Henry College
Professor of Law, Brooklyn Law School
Professor Mulligan teaches Internet law, intellectual property law, and trusts & estates. Her research addresses efforts to adapt intellectual property law for the digital age, the relationship between law and technology, and theories of constitutional interpretation. Recently, she has written about the Internet of Things, robot punishment, and early translations of the Constitution.
While at Brooklyn, Professor Mulligan researched as a visiting scholar at the Georgetown Center for the Constitution and taught as a visiting associate professor at Yale Law School. Previously, she taught at the University of Georgia and was a postdoctoral associate and lecturer in law at the Information Society Project at Yale Law School. Her scholarship has been published in a variety of journals and law reviews, including Georgia Law Review, SMU Law Review, and Constitutional Commentary.
Professor Mulligan earned her bachelor’s degree cum laude and her law degree cum laude from Harvard University, where she worked as a production and article editor for the Harvard Journal of Law & Technology. Before entering academia, she served as a law clerk for Judge Charles F. Lettow of the U.S. Court of Federal Claims.
Senior Counsel, Cahill Gordon & Reindel LLP
Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group.
Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Most recently, Floyd prevailed in his argument before the Supreme Court on behalf of Senator Mitch McConnell as amicus curiae, defending the rights of corporations and unions to speak publicly about politics and elections in Citizens United v. Federal Election Commission. Floyd's clients have included The McGraw-Hill Companies in a large number of litigations around the country involving claims against its subsidiary, Standard & Poor’s Financial Services LLC, The New York Times in the Pentagon Papers case and others, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.
Floyd has represented Standard & Poor’s in litigations about its ratings; he defended the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; he represented two of the nation’s largest insurers in litigation under Section 17200 in California and he has frequently testified before congressional committees and prepared clients to do so. In 1998, he represented CNN in investigating and issuing a report on its broadcast accusing the United States of using nerve gas on a military mission in Laos in 1970, and again in 1999 in seeking to persuade the United States Senate to permit the public to view its deliberations as it determined whether or not to convict President Clinton of alleged high crimes and misdemeanors. He represented Nina Totenberg and National Public Radio in the 1992 "leak" investigation conducted by the United States Senate arising out of the confirmation hearing of Justice Clarence Thomas and, in 2004 and 2005, Judith Miller and Matthew Cooper in their efforts to avoid revealing their confidential sources.
In 2006, Floyd was elected to the American Academy of Arts & Sciences, an independent research center that conducts multidisciplinary studies of complex and emerging problems advanced by its 4,600 elected members, who are leaders in the academic disciplines, the arts, business and public affairs from around the world. In 2015, Floyd was honored by Yale Law School with its prestigious Award of Merit. Also in 2015, Floyd received the Walter Cronkite Freedom of Information Award presented by the Connecticut Foundation for Open Government. In 2011, Floyd was awarded the CUNY Graduate School of Journalism's Lifetime Achievement Award. In 1998, Floyd was the recipient of the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York. In November, 1999, he received the William J. Brennan, Jr. award of the Libel Defense Resource Center. Floyd was awarded, in 1997, the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York. Previously he had been awarded the Ross Essay Prize of the American Bar Association for his study of the Ninth Amendment of the United States Constitution. He has also received awards from, among others, the American Jewish Congress, Catholic University, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.
In November, 2011, Yale Law School announced the formation of The Floyd Abrams Institute for Freedom of Expression, whose mission is to promote free speech, scholarship and law reform on emerging questions concerning traditional and new media. Developed in cooperation with Floyd, the Institute includes a clinic for Yale Law students to engage in litigation, draft model legislation, and advise lawmakers and policy makers on issues of media freedom and informational access.
The American Bar Association awarded Floyd its Certificate of Merit for his article published in The New York Times Magazine entitled "The New Effort to Control Information," which was described by the ABA as a "noteworthy contribution to public understanding of the American system of law and justice."
Described by Senator Daniel Patrick Moynihan as "the most significant First Amendment lawyer of our age," Floyd is top-ranked by Chambers USA. He is listed in Who’s Who Legal, Who’s Who in American Law, and has been awarded with Lifetime Achievement Awards by The New York Law Journal and The American Lawyer (2013).
Floyd, who served as chairman of Mayor Edward Koch's Committee on Appointments, New York City, served as the Chairman of the New York State Zenger Commemoration Planning Committee. Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.
He has appeared frequently on television on Nightline, the News Hour with Jim Lehrer, Charlie Rose and other programs and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere.
Floyd served on the Technology and Privacy Advisory Committee of the U.S. Department of Defense in 2003-4 and as the Chair of the New York State Commission on Public Access to Court Records in 2004.
For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005).
General Counsel, Tikvah Fund
Suzanne Garment is an American scholar, writer, editor and attorney.
Garment is best known for her book, Scandal: The Culture of Mistrust in American Politics, and for her work as a aide to Ambassador Daniel Patrick Moynihan working to block the 1975 United Nations General Assembly Resolution 3379 of the United Nations that "Zionism is a form of racism and racial discrimination."
Garment holds the A.B. from Radcliffe College, the M.A. from the University of Sussex in the United Kingdom, the PhD in political science from Harvard University, the J.D. and a master of laws degree in taxation from Georgetown University
She has served as a visiting scholar at the Indiana University Center on Philanthropy at Indiana University; special counsel to Richard Ravitch, New York Lieutenant Governor and as counsel to the Task Force on the State Budget Crisis, co-chaired by Ravitch and former Federal Reserve chairman Paul Volcker. Before earning the J.D., she was a scholar at the American Enterprise Institute; associate editorial page editor of the Wall Street Journal; author of the "Capital Chronicle" column at the Wall Street Journal; and special assistant to Daniel Patrick Moynihan, U.S. ambassador to the United Nations. Garment has taught politics and public policy at Yale and Harvard Universities. She was the executive editor of Jewish Ideas Daily.
Professor of Law Emeritus, Brooklyn Law
Henry Mark Holzer received his B.A. degree from New York University where he studied Russian and political science. After graduation in 1954 he served in South Korea with United States Army intelligence, holding top secret clearance as chief order of battle analyst (Chinese Communist Forces) at Eighth Army Headquarters in Seoul. Following Professor Holzer’s military service he earned his Juris Doctor degree at New York University School of Law. After his admission to the New York bar in December 1959 he practiced constitutional and appellate law.
From 1972 to 1993 he taught full time at Brooklyn Law School, and for two years was an associate dean. His courses included Constitutional Law, Administrative Law, Civil Liberties, First Amendment and Appellate Advocacy. In the fall of 1993, he taught as a visiting professor at the University of New Mexico School of Law in Albuquerque.
He is author of approximately 300 articles, essays, and reviews. He has published legal and political commentary on current issues in print and electronic media, and has often been interviewed on radio and television.
Several of his out-of-print books are The Gold Clause: Government’s Money Monopoly; Sweet Land of Liberty? The Supreme Court and Individual Rights; Speaking Freely: The Case Against Speech Codes; Why Not Call it Treason? Korea, Vietnam, Afghanistan and Today. With his wife, Erika Holzer, he is co-author of “Aid and Comfort”: Jane Fonda in North Vietnam; and Fake Warriors: Identifying, Exposing, and Punishing Those Who Falsify Their Military Service.
His book The Supreme Court Opinions of Clarence Thomas, 1919-2006, was published in 2007. The second edition, covering the years 1991-2011 was published in 2012. Also published in 2012, in a print edition and eBook, was Professor Holzer’s book The American Constitution and Ayn Rand’s “Inner Contradiction.”
Journalist, Professor, and Author
Donald "Don" Oberdorfer Jr. (May 28, 1931 – July 23, 2015) was an American professor at the Paul H. Nitze School of Advanced International Studies (SAIS) at Johns Hopkins University with a specialty in Korea, and was a journalist for 38 years, 25 of them with The Washington Post. He is the author of five books and several academic papers. His book, Senator Mansfield: The Extraordinary Life of a Great American Statesman and Diplomat, won the D.B. Hardeman Prize in 2003.
Oberdorfer graduated from Princeton University and went to South Korea as a U.S. Army lieutenant after the signing of the armistice that ended the Korean War. In 1955 he joined The Charlotte Observer, and eventually found a job with The Washington Post. During the next 25 years, he worked for The Post, serving as White House correspondent, Northeast Asia correspondent, and diplomatic correspondent. He retired from the paper in 1993.
At the Nitze school, beyond his teaching position, Oberdorfer served as chairman of the U.S.-Korea Institute from its inauguration in 2006 and was named chairman emeritus in 2013.
Former Assistant Attorney General, U.S. Department of Justice, Civil Division
During the Reagan Administration, Richard Willard served as Assistant Attorney General in charge of the Civil Division, the largest litigation division of the US Department of Justice. There, he chaired the Reagan Administration's Tort Policy Working Group and developed its proposals for reforming civil litigation, workplace drug testing, and preventing unauthorized disclosure of classified information.
More recently, he served as senior vice president and general counsel for Bristol-Myers Squibb Co. and Gillette Company, where he led large worldwide legal departments, advised on strategic transactions, and enabled launch of new products with strong intellectual property protection.
Mr. Willard's private practice involved corporate counseling and litigation of cases raising public policy concerns. He served as lead counsel in complex litigation involving multiple claims, parties, and jurisdictions. He frequently appeared in trial and appellate courts around the country, including six arguments in the Supreme Court.
Senior Counsel, Cahill Gordon & Reindel LLP
Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group.
Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Most recently, Floyd prevailed in his argument before the Supreme Court on behalf of Senator Mitch McConnell as amicus curiae, defending the rights of corporations and unions to speak publicly about politics and elections in Citizens United v. Federal Election Commission. Floyd's clients have included The McGraw-Hill Companies in a large number of litigations around the country involving claims against its subsidiary, Standard & Poor’s Financial Services LLC, The New York Times in the Pentagon Papers case and others, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.
Floyd has represented Standard & Poor’s in litigations about its ratings; he defended the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; he represented two of the nation’s largest insurers in litigation under Section 17200 in California and he has frequently testified before congressional committees and prepared clients to do so. In 1998, he represented CNN in investigating and issuing a report on its broadcast accusing the United States of using nerve gas on a military mission in Laos in 1970, and again in 1999 in seeking to persuade the United States Senate to permit the public to view its deliberations as it determined whether or not to convict President Clinton of alleged high crimes and misdemeanors. He represented Nina Totenberg and National Public Radio in the 1992 "leak" investigation conducted by the United States Senate arising out of the confirmation hearing of Justice Clarence Thomas and, in 2004 and 2005, Judith Miller and Matthew Cooper in their efforts to avoid revealing their confidential sources.
In 2006, Floyd was elected to the American Academy of Arts & Sciences, an independent research center that conducts multidisciplinary studies of complex and emerging problems advanced by its 4,600 elected members, who are leaders in the academic disciplines, the arts, business and public affairs from around the world. In 2015, Floyd was honored by Yale Law School with its prestigious Award of Merit. Also in 2015, Floyd received the Walter Cronkite Freedom of Information Award presented by the Connecticut Foundation for Open Government. In 2011, Floyd was awarded the CUNY Graduate School of Journalism's Lifetime Achievement Award. In 1998, Floyd was the recipient of the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York. In November, 1999, he received the William J. Brennan, Jr. award of the Libel Defense Resource Center. Floyd was awarded, in 1997, the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York. Previously he had been awarded the Ross Essay Prize of the American Bar Association for his study of the Ninth Amendment of the United States Constitution. He has also received awards from, among others, the American Jewish Congress, Catholic University, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.
In November, 2011, Yale Law School announced the formation of The Floyd Abrams Institute for Freedom of Expression, whose mission is to promote free speech, scholarship and law reform on emerging questions concerning traditional and new media. Developed in cooperation with Floyd, the Institute includes a clinic for Yale Law students to engage in litigation, draft model legislation, and advise lawmakers and policy makers on issues of media freedom and informational access.
The American Bar Association awarded Floyd its Certificate of Merit for his article published in The New York Times Magazine entitled "The New Effort to Control Information," which was described by the ABA as a "noteworthy contribution to public understanding of the American system of law and justice."
Described by Senator Daniel Patrick Moynihan as "the most significant First Amendment lawyer of our age," Floyd is top-ranked by Chambers USA. He is listed in Who’s Who Legal, Who’s Who in American Law, and has been awarded with Lifetime Achievement Awards by The New York Law Journal and The American Lawyer (2013).
Floyd, who served as chairman of Mayor Edward Koch's Committee on Appointments, New York City, served as the Chairman of the New York State Zenger Commemoration Planning Committee. Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.
He has appeared frequently on television on Nightline, the News Hour with Jim Lehrer, Charlie Rose and other programs and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere.
Floyd served on the Technology and Privacy Advisory Committee of the U.S. Department of Defense in 2003-4 and as the Chair of the New York State Commission on Public Access to Court Records in 2004.
For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005).
General Counsel, Tikvah Fund
Suzanne Garment is an American scholar, writer, editor and attorney.
Garment is best known for her book, Scandal: The Culture of Mistrust in American Politics, and for her work as a aide to Ambassador Daniel Patrick Moynihan working to block the 1975 United Nations General Assembly Resolution 3379 of the United Nations that "Zionism is a form of racism and racial discrimination."
Garment holds the A.B. from Radcliffe College, the M.A. from the University of Sussex in the United Kingdom, the PhD in political science from Harvard University, the J.D. and a master of laws degree in taxation from Georgetown University
She has served as a visiting scholar at the Indiana University Center on Philanthropy at Indiana University; special counsel to Richard Ravitch, New York Lieutenant Governor and as counsel to the Task Force on the State Budget Crisis, co-chaired by Ravitch and former Federal Reserve chairman Paul Volcker. Before earning the J.D., she was a scholar at the American Enterprise Institute; associate editorial page editor of the Wall Street Journal; author of the "Capital Chronicle" column at the Wall Street Journal; and special assistant to Daniel Patrick Moynihan, U.S. ambassador to the United Nations. Garment has taught politics and public policy at Yale and Harvard Universities. She was the executive editor of Jewish Ideas Daily.
Professor of Law Emeritus, Brooklyn Law
Henry Mark Holzer received his B.A. degree from New York University where he studied Russian and political science. After graduation in 1954 he served in South Korea with United States Army intelligence, holding top secret clearance as chief order of battle analyst (Chinese Communist Forces) at Eighth Army Headquarters in Seoul. Following Professor Holzer’s military service he earned his Juris Doctor degree at New York University School of Law. After his admission to the New York bar in December 1959 he practiced constitutional and appellate law.
From 1972 to 1993 he taught full time at Brooklyn Law School, and for two years was an associate dean. His courses included Constitutional Law, Administrative Law, Civil Liberties, First Amendment and Appellate Advocacy. In the fall of 1993, he taught as a visiting professor at the University of New Mexico School of Law in Albuquerque.
He is author of approximately 300 articles, essays, and reviews. He has published legal and political commentary on current issues in print and electronic media, and has often been interviewed on radio and television.
Several of his out-of-print books are The Gold Clause: Government’s Money Monopoly; Sweet Land of Liberty? The Supreme Court and Individual Rights; Speaking Freely: The Case Against Speech Codes; Why Not Call it Treason? Korea, Vietnam, Afghanistan and Today. With his wife, Erika Holzer, he is co-author of “Aid and Comfort”: Jane Fonda in North Vietnam; and Fake Warriors: Identifying, Exposing, and Punishing Those Who Falsify Their Military Service.
His book The Supreme Court Opinions of Clarence Thomas, 1919-2006, was published in 2007. The second edition, covering the years 1991-2011 was published in 2012. Also published in 2012, in a print edition and eBook, was Professor Holzer’s book The American Constitution and Ayn Rand’s “Inner Contradiction.”
Journalist, Professor, and Author
Donald "Don" Oberdorfer Jr. (May 28, 1931 – July 23, 2015) was an American professor at the Paul H. Nitze School of Advanced International Studies (SAIS) at Johns Hopkins University with a specialty in Korea, and was a journalist for 38 years, 25 of them with The Washington Post. He is the author of five books and several academic papers. His book, Senator Mansfield: The Extraordinary Life of a Great American Statesman and Diplomat, won the D.B. Hardeman Prize in 2003.
Oberdorfer graduated from Princeton University and went to South Korea as a U.S. Army lieutenant after the signing of the armistice that ended the Korean War. In 1955 he joined The Charlotte Observer, and eventually found a job with The Washington Post. During the next 25 years, he worked for The Post, serving as White House correspondent, Northeast Asia correspondent, and diplomatic correspondent. He retired from the paper in 1993.
At the Nitze school, beyond his teaching position, Oberdorfer served as chairman of the U.S.-Korea Institute from its inauguration in 2006 and was named chairman emeritus in 2013.
Former Assistant Attorney General, U.S. Department of Justice, Civil Division
During the Reagan Administration, Richard Willard served as Assistant Attorney General in charge of the Civil Division, the largest litigation division of the US Department of Justice. There, he chaired the Reagan Administration's Tort Policy Working Group and developed its proposals for reforming civil litigation, workplace drug testing, and preventing unauthorized disclosure of classified information.
More recently, he served as senior vice president and general counsel for Bristol-Myers Squibb Co. and Gillette Company, where he led large worldwide legal departments, advised on strategic transactions, and enabled launch of new products with strong intellectual property protection.
Mr. Willard's private practice involved corporate counseling and litigation of cases raising public policy concerns. He served as lead counsel in complex litigation involving multiple claims, parties, and jurisdictions. He frequently appeared in trial and appellate courts around the country, including six arguments in the Supreme Court.
Professor of Clinical Law, Brooklyn Law School
Jodi S. Balsam is Professor of Clinical Law at Brooklyn Law School and a nationally recognized expert on Sports Law. She directs the BLS Sports Law Clinic and Sports Law Externship Program. She teaches Sports Law at both BLS and NYU School of Law, and has also taught the subject at New York Law School, University of New Hampshire School of Law, Bucerius Law School in Hamburg, Germany, Mathias Corvinus Collegium in Budapest, Hungary, and the MESGO Executive Masters Program in Global Sport Governance. Professor Balsam has served as an arbitrator for the National Collegiate Athletic Association on complex infractions cases, and now serves as a neutral for FAIR Sports, which hears cases involving college athletics.
Professor Balsam frequently writes and speaks on sports law topics, including as co-author of Weiler’s Sports and the Law, a leading casebook in the field. Her publications and presentations have addressed antitrust challenges to sports leagues and organizing bodies, sports trademarks, athletes’ rights of free expression and name/image/likeness exploitation, sports gambling and integrity, sports league governance, and the role of the sports agent. She frequently appears in the media on legal issues in sports, including NBC Sports/The Golf Channel, ESPN, Law360 Sports and Betting, The Athletic, Front Office Sports, USA Today, and the Wall Street Journal. She is on the editorial boards of Law360-Sports & Betting, the Journal of Legal Aspects of Sport, and the international sports law newsletter LawInSport.
Before joining academia, Professor Balsam was the National Football League's Counsel for Operations and Litigation, where she managed litigation in all areas of law, oversaw a variety of policy and operational matters, negotiated and drafted contracts for League special events including the Super Bowl, and administered the League's internal dispute resolution processes and compliance program. Prior to the NFL she was a litigator with the New York office of Simpson Thacher & Bartlett, where she represented sports and entertainment clients in antitrust matters and complex commercial litigation. She served as a law clerk for Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit and for Judge Charles Brieant of the U.S. District Court for the Southern District of New York. A graduate of Yale College, Professor Balsam received her law degree from NYU School of Law.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
United States District Judge, Middle District of Florida
Judge Berger was raised in Jacksonville, Florida. She received her undergraduate degree from The Florida State University in 1990 and her law degree from The Florida State University College of Law in 1992, where she was a member of Law Review. Judge Berger served as an Assistant State Attorney in the Seventh Judicial Circuit from 1993 – 2000. In January 2001, Judge Berger left the State Attorney’s Office to serve as an Assistant General Counsel to Governor Jeb Bush. Judge Berger served in Governor Bush’s administration from January 2001 until May 2005, when she was appointed by the governor to serve as a Circuit Judge in the Seventh Judicial Circuit. During her service on the circuit court, Judge Berger presided over the civil and probate divisions (2005-2006) and adult felony division (2006-2012) in St. Augustine. She was also the presiding judge of the St. Johns County Adult Drug Court Program (2005-2012).
Judge Berger is currently a member of the St. Johns County Bar Association, the Orange County Bar Association, The Florida Supreme Court Committee on Civil Jury Instructions, the Florida Bar Criminal Procedure Rules Committee, the Florida Bar Appellate Practice Section’s Executive Council, the Dunn Blount Inn of Court, and the Federalist Society. She has prior service on the Florida Bar’s Judicial Administration and Evaluation Committee (2008 – 2013), the Judicial Administration Selection and Tenure Committee (2001-2004), the Florida Supreme Court Subcommittee on Postconviction Relief (2010-2011), the Statewide Diversity Team (2009-2012), and has been a member of both the National Association of Drug Court Professionals and the Florida Association of Drug Court Professionals.
Judge Berger has lectured on a wide range of topics including practicing with professionalism, judicial diversity, the judicial appointment process, effective oral arguments, fundamentals of extradition, capital cases, gender bias in the media, drug court, and drug and alcohol prevention.
Active in her community, Judge Berger served as a member of the St. Johns County Consortium on Substance Abuse as well as the St. Johns County Public Safety Committee. She is a member of the St. Augustine Rotary Club (Paul Harris Fellow) and is a steering committee member of The Marketplace Christian Professional Resources. She volunteers in the schools, has served as a reading mentor, and participates in the PACT Prevention Coalition’s Safe Prom Event. Judge Berger is also an active member of Trinity Episcopal Parish.
Judge Berger and her husband, Larry, live in St. Augustine with their two children.
Associate Chief Justice, Utah Supreme Court
Thomas R. Lee was appointed to the Utah Supreme Court by Governor Gary Herbert in July 2010. He currently serves as Associate Chief Justice and as a member of the Utah Judicial Council. He also chaired the Supreme Court's Advisory Committee on Professionalism and Civility during a time in which the court promulgated Standards of Professionalism and Civility for judges in Utah. Justice Lee is a graduate, with high honors, of the University of Chicago Law School. After law school, he served as a law clerk for Judge J. Harvie Wilkinson, III, of the United States Court of Appeals for the Fourth Circuit and then for Justice Clarence Thomas of the United States Supreme Court. Justice Lee then joined the law firm now known as Parr, Brown, Gee & Loveless, where he became a shareholder. Prior to his appointment to the bench, Justice Lee was a full-time professor at the law school at Brigham Young University, where he continues to serve as Distinguished Lecturer. During his years as a full-time law professor, he maintained a part-time intellectual property litigation practice with Howard, Phillips, & Andersen. He also developed a part-time appellate practice, arguing numerous cases in federal courts throughout the country and in the United States Supreme Court. In 2004 - 05, Justice Lee served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice.
Don Forchelli Professor of Law and Director of Graduate Education, Brooklyn Law School
Lawrence Solan holds both a law degree and a Ph.D. in linguistics. His scholarly works are largely devoted to exploring interdisciplinary issues related to law, language and psychology, especially in the areas of statutory and contractual interpretation, the attribution of liability and blame, and linguistic evidence. He is director of the Law School's Center for the Study of Law, Language and Cognition, and his acclaimed book, The Language of Judges, is widely recognized as a seminal work on linguistic theory and legal argumentation. His most recent books are The Language of Statutes: Laws and their Interpretation, published by the University of Chicago Press in 2010, and The Oxford Handbook of Language and Law, co-edited with Peter Tiersma and published in 2012. He has authored numerous articles and book chapters, and regularly lectures in the United States and abroad.
Professor Solan has been a visiting professor in the Council of Humanities and the Psychology Department at Princeton University. He has also been and a visiting professor at Yale Law School. He has served as president of the International Association of Forensic Linguistics, is on the board of the International Academy of Law and Mental Health, and the editorial board of the International Journal of Speech, Language and the Law.
Prior to joining the faculty in 1996, Professor Solan was a partner in the firm of Orans, Elsen and Lupert, where he specialized in complex civil litigation, before which he was a law clerk to Justice Stewart Pollock of the Supreme Court of New Jersey.
Assistant Professor of Law, Georgetown Law
Professor Tobia’s teaching and scholarship are motivated by a tension between two views of the law. On the first view, law is a system of experts, founded upon knowledge of specialized concepts: dicta, habeas corpus, parol evidence, strict liability. Law students learn these new concepts; treatises and restatements clarify these concepts’ features; and legal scholars debate how these concepts should apply and evolve. On a radically different view, law’s most central concepts are actually ordinary ones. Lay juries regularly evaluate familiar questions like: did he act reasonably; was her act intentional; what caused the outcome; was the agreement formed with consent; what was their motive? Using methods from philosophy, cognitive science, and linguistics, Professor Tobia’s research examines the features of central legal concepts, with the overarching aim of clarifying the relationship between law and the people it governs.
Prof. Tobia received a B.A., summa cum laude, in Philosophy, Mathematics, and Cognitive Science from Rutgers University; a B.Phil. with distinction from Oxford as an Ertegun Scholar; and a J.D. and Ph.D. with distinction from Yale, as an Articles Editor of the Yale Law Journal, Coker Teaching Fellow in Torts, and Prize Teaching Fellow in Philosophy. Kevin’s scholarship has appeared in the Harvard Law Review, Yale Law Journal, and journals of philosophy and cognitive science (e.g. Analysis; Mind & Language; Cognitive Science) and has been awarded Yale Law School’s Felix S. Cohen prize for legal philosophy and the AALS Section on Jurisprudence “Future Promise Award” for scholarship in legal philosophy.
Professor Tobia teaches in Torts and Section 3’s Legal Justice Seminar at Georgetown and has previously taught Legal Philosophy at Oxford and assisted in the instruction of courses in Contracts, Torts, Health Law & Bioethics, and Law & Economics. Professor Tobia frequently collaborates with scholars from Georgetown and abroad, as a Research Affiliate with the ETH Zurich Center for Law & Economics and collaborator in the Experimental Jurisprudence Cross-Cultural Study exchange.
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.
Cary Fields Professor of Law; Co-Director, Center for Law and Religion, St. John's University School of Law
Professor DeGirolami has research interests in law and religion, freedom of speech, constitutional law, tort law, and criminal law. His book, The Tragedy of Religious Freedom, was published by Harvard University Press in 2013. His papers have been or will be published in various law journals including Notre Dame Law Review, Washington University Law Review, Stanford Law and Policy Review, Constitutional Commentary, Legal Theory, Ohio State Journal of Criminal Law, Boston College Law Review, San Diego Law Review, Alabama Law Review, and St. John's Law Review, among others. He has written for The New York Times, The New Republic, The Weekly Standard, First Things, Commonweal, and The Library of Law and Liberty. He is the Cary Fields Professor of Law and the Co-director of the Center for Law and Religion.
Following law school, Professor DeGirolami clerked for Judge William E.Smith of the U.S. District Court for the District of Rhode Island and Judge Jerome Farris of the U.S. Court of Appeals for the Ninth Circuit. His professional experience includes service as an Assistant District Attorney in Cambridge, Massachusetts. Prior to joining the St. John's faculty, he was an Associate-in-Law at Columbia Law School, and Visiting Assistant Professor and Scholar in Residence at Catholic University's Columbus School of Law. He was a Visiting Fellow at Princeton University in 2019, in the Department of Politics’ James Madison Program. He was a Visiting Fellow at Princeton University in 2019, in the Department of Politics' James Madison Program, and a Visiting Professor at Notre Dame Law School in Spring 2020.
At St. John's, he teaches or has taught Constitutional Law, Constitutional Theory, Criminal Law, courses in Law and Religion, Professional Responsibility, and Torts.
Professor of Law, Northwestern University Pritzker School of Law
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law
John O. McGinnis is a graduate of Harvard College and Harvard Law School where he was an editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford, in philosophy and theology. Professor McGinnis clerked on the U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, he was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is the author of Accelerating Democracy: Transforming Government Through Technology (Princeton 2013) and Originalism and the Good Constitution (Harvard 2013) (with M. Rappaport). He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He has been listed by the United States on the roster of panelists who may be called upon to decide World Trade Organization Disputes.
Associate Professor of Government; Pre-Law Advisor, Patrick Henry College
Professor of Law, Brooklyn Law School
Professor Mulligan teaches Internet law, intellectual property law, and trusts & estates. Her research addresses efforts to adapt intellectual property law for the digital age, the relationship between law and technology, and theories of constitutional interpretation. Recently, she has written about the Internet of Things, robot punishment, and early translations of the Constitution.
While at Brooklyn, Professor Mulligan researched as a visiting scholar at the Georgetown Center for the Constitution and taught as a visiting associate professor at Yale Law School. Previously, she taught at the University of Georgia and was a postdoctoral associate and lecturer in law at the Information Society Project at Yale Law School. Her scholarship has been published in a variety of journals and law reviews, including Georgia Law Review, SMU Law Review, and Constitutional Commentary.
Professor Mulligan earned her bachelor’s degree cum laude and her law degree cum laude from Harvard University, where she worked as a production and article editor for the Harvard Journal of Law & Technology. Before entering academia, she served as a law clerk for Judge Charles F. Lettow of the U.S. Court of Federal Claims.
Professor of Clinical Law, Brooklyn Law School
Jodi S. Balsam is Professor of Clinical Law at Brooklyn Law School and a nationally recognized expert on Sports Law. She directs the BLS Sports Law Clinic and Sports Law Externship Program. She teaches Sports Law at both BLS and NYU School of Law, and has also taught the subject at New York Law School, University of New Hampshire School of Law, Bucerius Law School in Hamburg, Germany, Mathias Corvinus Collegium in Budapest, Hungary, and the MESGO Executive Masters Program in Global Sport Governance. Professor Balsam has served as an arbitrator for the National Collegiate Athletic Association on complex infractions cases, and now serves as a neutral for FAIR Sports, which hears cases involving college athletics.
Professor Balsam frequently writes and speaks on sports law topics, including as co-author of Weiler’s Sports and the Law, a leading casebook in the field. Her publications and presentations have addressed antitrust challenges to sports leagues and organizing bodies, sports trademarks, athletes’ rights of free expression and name/image/likeness exploitation, sports gambling and integrity, sports league governance, and the role of the sports agent. She frequently appears in the media on legal issues in sports, including NBC Sports/The Golf Channel, ESPN, Law360 Sports and Betting, The Athletic, Front Office Sports, USA Today, and the Wall Street Journal. She is on the editorial boards of Law360-Sports & Betting, the Journal of Legal Aspects of Sport, and the international sports law newsletter LawInSport.
Before joining academia, Professor Balsam was the National Football League's Counsel for Operations and Litigation, where she managed litigation in all areas of law, oversaw a variety of policy and operational matters, negotiated and drafted contracts for League special events including the Super Bowl, and administered the League's internal dispute resolution processes and compliance program. Prior to the NFL she was a litigator with the New York office of Simpson Thacher & Bartlett, where she represented sports and entertainment clients in antitrust matters and complex commercial litigation. She served as a law clerk for Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit and for Judge Charles Brieant of the U.S. District Court for the Southern District of New York. A graduate of Yale College, Professor Balsam received her law degree from NYU School of Law.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Panel II: The Freedom of Religion [Archive Collection]
Robert L. Cord, Mitchell L. Edwards, Henry Mark Holzer, Michael W. McConnell, John T. Noonan, Arthur B. Spitzer
On March 7-8, 1986, The Federalist Society hosted its annual National Student Symposium at Stanford...
Panel II: The Freedom of Religion [Archive Collection]
Robert L. Cord, Mitchell L. Edwards, Henry Mark Holzer, Michael W. McConnell, John T. Noonan, Arthur B. Spitzer
On March 7-8, 1986, The Federalist Society hosted its annual National Student Symposium at Stanford...
Luncheon Panel: A Virtual Discussion on Corpus Linguistics
2021 Annual Florida Chapters Conference
Lake Buena Vista, FLLuncheon Panel: A Virtual Discussion on Corpus Linguistics
Wendy Berger, Thomas Rex Lee, Lawrence Solan, Kevin Tobia
Corpus linguistics has recently emerged as a method for addressing problems in the legal/textualist interpretation....
Panel: Originalism & Its Discontents
23rd Annual Federalist Society Faculty Conference
Panel: Originalism & Its Discontents
Randy E. Barnett, Marc DeGirolami, Joshua Kleinfeld, John O. McGinnis, Jesse Merriam, Christina M. Mulligan
Originalism & Its Discontents11:00 am - 12:30 pm This panel will discuss some of the...
Panel II: The First Amendment and National Security [Archive Collection]
Floyd Abrams, Suzanne Garment, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard
On November 6-7, 1987, The Federalist Society held a symposium at the Grand Hyatt Hotel...
Panel II: The First Amendment and National Security [Archive Collection]
Floyd Abrams, Suzanne Garment, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard
On November 6-7, 1987, The Federalist Society held a symposium at the Grand Hyatt Hotel...
Ex-Prosecutors And The Federal Judiciary
Jodi S. Balsam, Clark Neily, Jesse Panuccio
Amongst the many studies of the makeup of the Federal Judiciary, one particularly noticeable characteristic is the...
Ex-Prosecutors And The Federal Judiciary
Professional Responsibilities & Legal Education Practice Group Teleforum
Teleforum