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Burt Neuborne

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  • Burt Neuborne
Nov 13 2009
Friday 9:00 a.m. EDT    

Constitutional Interpretation & the Bill of Rights

2009 National Lawyers Convention

Washington, DC
Speakers:
Randy E. Barnett • Burt Neuborne • Diarmuid F. O'Scannlain
Topics:
Constitution • Federal Courts • First Amendment • Founding Era & History • Fourth Amendment • Jurisprudence • Philosophy • Second Amendment • Supreme Court • Civil Rights
  • In-Person Event
Apr 4 1987
Saturday 2:00 p.m. CDT    

Panel IV: The Role of the Legislative and Executive Branches in Interpreting the Constitution [Archive Collection]

1987 National Student Symposium

Chicago, IL
Speakers:
John C. Harrison • Robert F. Nagel • Burt Neuborne • Daniel Polsby • Steven R. Ross
Topics:
Constitution • Federalism • Founding Era & History • Philosophy • Federalism & Separation of Powers
Sponsors:
Chicago Student Chapter
  • In-Person Event
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Speaker Information
Randy E. Barnett

Randy E. Barnett

Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center

Biography

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.

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Speaker Information
Burt Neuborne

Burt Neuborne

Inez Milholland Professor of Civil Liberties, New York University School of Law

Biography

Burt Neuborne is the Inez Milholland Professor of Civil Liberties and founding Legal Director of the Brennan Center for Justice at NYU Law School. For 45 years, he has been one of the nation's foremost civil liberties lawyers, serving as National Legal Director of the ACLU from 1981-86, Special Counsel to the NOW Legal Defense and Education Fund from 1990-1996, and as a member of the New York City Human Rights Commission from 1988-1992. He has argued numerous Supreme Court cases, and has litigated literally hundreds of important constitutional cases in the state and federal courts. He challenged the constitutionality of the Vietnam War, pioneered the flag burning cases, worked on the Pentagon Papers case, worked with Justice Ruth Bader Ginsburg when she headed the ACLU Women's Rights Project, anchored the ACLU's legal program during the Reagan years, and defended the Legal Services program against unconstitutional attacks. He currently directs the legal program of the Brennan Center, especially its efforts to reinforce American democracy and secure campaign finance reform. The Brennan Center was established in 1994 to honor Justice William Brennan, Jr.’s monumental contribution to American Law.

At the same time, Professor Neuborne has forged a national reputation as a constitutional scholar and teacher. In 1990, he was the recipient of the University-wide Distinguished Teacher Award at New York University for his work in teaching Civil Procedure, Evidence, Federal Courts and Constitutional Law. He is the author of three books and over 20 law review articles on diverse areas of constitutional law and procedure. Among his best known scholarly works is the two-volume Political and Civil Rights in the United States, which he co-authored with NYU colleagues Norman Dorsen and Sylvia Law and the Deputy Solicitor General of the United States, Paul Bender. His 1992 lectures on American law at Universitat Pompeu Fabra in Barcelona have been translated and published in Spanish. In 2001, in recognition of his scholarship and his work in the courts, Professor Neuborne was elected to membership in the American Academy of Arts and Sciences.

In 1996, Professor Neuborne appeared as Jerry Falwell's lawyer in Milos Forman's The People v. Larry Flynt.

For the past 14 years, Professor Neuborne has served as a principal counsel in a series of lawsuits seeking to recover property unjustly taken from Holocaust victims by Swiss banks and German corporations during the Nazi era. The litigation has succeeded in assembling more than $8.5 billion for distribution to Holocaust victims and their families throughout the world. Professor Neuborne was appointed by the Court to oversee the $1.25 Swiss bank settlement, and was appointed by the United States to serve on the Board of Trustees of the German Foundation “Remembrance, Responsibility and Future,” established to distribute the $5.2 billion settlement in the German slave labor litigation.

Professor Neuborne is married to Helen Redleaf Neuborne.



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Speaker Information
Diarmuid F. O'Scannlain

Diarmuid F. O'Scannlain

Judge, United States Court of Appeals, Ninth Circuit

Biography

Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.

As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.

President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.

Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.

Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.

A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.

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Speaker Information
John C. Harrison

John C. Harrison

James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law, University of Virginia School of Law

Biography

Professor John C. Harrison is the James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law at the University of Virginia School of Law. He joined the faculty at University of Virginia in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.

A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).

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Speaker Information
Robert F. Nagel

Robert F. Nagel

Rothgerber Professor of Constitutional Law, Colorado Law

Biography

Robert Nagel joined the faculty of CU Law School in 1975, leaving a position as a deputy attorney general in Pennsylvania. Since that time, he has focused on constitutional law and theory. For an audience of legal scholars, Professor Nagel has written prolifically, including four books and over 50 law review articles. However, he has also contributed to the popular debate on constitutional issues, including free speech, hate codes, and federalism, by addressing his ideas to the general citizenry in articles and opinion pieces in publications such as The New Republic, the Wall Street Journal, First Things, and Washington Monthly. Much of his work has focused on the relationship between the judiciary (and its interpretation of the Constitution) and the wider context of American political culture. His two earlier books on this topic, Constitutional Cultures: The Mentality and Consequences of Judicial Review and Judicial Power and American Character: Censoring Ourselves in an Anxious Age, were widely read and reviewed. He has recently completed The Implosion of American Federalism, a book on the cultural and constitutional ramifications of political centralization. Professor Nagel has testified before several congressional committees. He was formerly the director of the Law School's Byron R. White Center for the Study of American Constitutional Law. In 2003, he was elected a Fellow of the American Academy of Arts and Sciences.



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Speaker Information
Burt Neuborne

Burt Neuborne

Inez Milholland Professor of Civil Liberties, New York University School of Law

Biography

Burt Neuborne is the Inez Milholland Professor of Civil Liberties and founding Legal Director of the Brennan Center for Justice at NYU Law School. For 45 years, he has been one of the nation's foremost civil liberties lawyers, serving as National Legal Director of the ACLU from 1981-86, Special Counsel to the NOW Legal Defense and Education Fund from 1990-1996, and as a member of the New York City Human Rights Commission from 1988-1992. He has argued numerous Supreme Court cases, and has litigated literally hundreds of important constitutional cases in the state and federal courts. He challenged the constitutionality of the Vietnam War, pioneered the flag burning cases, worked on the Pentagon Papers case, worked with Justice Ruth Bader Ginsburg when she headed the ACLU Women's Rights Project, anchored the ACLU's legal program during the Reagan years, and defended the Legal Services program against unconstitutional attacks. He currently directs the legal program of the Brennan Center, especially its efforts to reinforce American democracy and secure campaign finance reform. The Brennan Center was established in 1994 to honor Justice William Brennan, Jr.’s monumental contribution to American Law.

At the same time, Professor Neuborne has forged a national reputation as a constitutional scholar and teacher. In 1990, he was the recipient of the University-wide Distinguished Teacher Award at New York University for his work in teaching Civil Procedure, Evidence, Federal Courts and Constitutional Law. He is the author of three books and over 20 law review articles on diverse areas of constitutional law and procedure. Among his best known scholarly works is the two-volume Political and Civil Rights in the United States, which he co-authored with NYU colleagues Norman Dorsen and Sylvia Law and the Deputy Solicitor General of the United States, Paul Bender. His 1992 lectures on American law at Universitat Pompeu Fabra in Barcelona have been translated and published in Spanish. In 2001, in recognition of his scholarship and his work in the courts, Professor Neuborne was elected to membership in the American Academy of Arts and Sciences.

In 1996, Professor Neuborne appeared as Jerry Falwell's lawyer in Milos Forman's The People v. Larry Flynt.

For the past 14 years, Professor Neuborne has served as a principal counsel in a series of lawsuits seeking to recover property unjustly taken from Holocaust victims by Swiss banks and German corporations during the Nazi era. The litigation has succeeded in assembling more than $8.5 billion for distribution to Holocaust victims and their families throughout the world. Professor Neuborne was appointed by the Court to oversee the $1.25 Swiss bank settlement, and was appointed by the United States to serve on the Board of Trustees of the German Foundation “Remembrance, Responsibility and Future,” established to distribute the $5.2 billion settlement in the German slave labor litigation.

Professor Neuborne is married to Helen Redleaf Neuborne.



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Speaker Information
Daniel Polsby

Daniel Polsby

Dean and Foundation Professor of Law, George Mason University School of Law

Biography

Dean and Foundation Professor of Law Daniel D. Polsby joined the faculty of the law school in 1999 after serving 23 years on the Northwestern University law faculty, most recently (since 1990) as the Kirkland & Ellis Professor of Law. He has held visiting appointments in the law schools of the University of Southern California, the University of Michigan, and Cornell University. He was appointed acting dean of the George Mason School of Law in 2004 and was named dean in 2005.

Dean Polsby has published dozens of articles on such diverse subjects as voting rights, family law, employment rights, and spectrum utilization. He is the author of the award-winning article, "The False Promise of Gun Control," the cover essay of the March 1994 Atlantic Monthly. The article is one of the most widely anthologized essays of recent years.

Dean Polsby received his B.A. from Oakland University (1964) and earned his J.D. magna cum laude from the University of Minnesota (1971). He teaches Criminal Law, Family Law, Constitutional Law, and other subjects.



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Speaker Information
Steven R. Ross

Steven R. Ross

Partner, Akin Gump Strauss Hauer & Feld LLP

Biography

Steven Ross has extensive public- and private-sector experience in representing corporations, institutions, boards and individuals in all manner of investigations, including congressional, criminal and regulatory proceedings and related civil litigation. He concentrates on congressional investigations, internal investigations, governmental ethics, federal election law, white collar criminal defense and constitutional issues.

From 1983 to 1993, Steven served as the General Counsel of the U.S. House of Representatives, advising and representing its members, leadership, committees and employees from both political parties. He has also counseled the leadership and relevant committees on numerous congressional investigations.

In private practice, Steven guides clients through complex congressional inquiries and related litigation. He represents clients in investigations conducted by various federal executive branch departments, commissions and agencies, including the U.S. departments of Justice, Education, Health and Human Services, Defense and the Interior, as well as the Federal Election Commission and the Food and Drug Administration.

Steven has significant litigation experience, ranging from trials before U.S. district courts to arguments before the Supreme Court and numerous federal courts of appeals. He was actively involved in defending the constitutionality of multiple federal statutes, including the Independent Counsel Act, the Competition in Contracting Act and the Gramm-Rudman-Hollings Deficit Reduction Act.

Over the course of his career, Steven has litigated seminal cases regarding the scope of Congress’ oversight and investigations power, both on behalf of Congress and as counsel to private parties implicated by such inquiries. He has taught constitutional law as an adjunct professor at George Mason University Law School and served as a guest lecturer on the topic of congressional investigations at a number of law schools, including NYU, Fordham and the Georgetown University Law Center.

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