Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Attorney, Lobbyist & Communications Professional, Kelchen Consulting
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Attorney, Lobbyist & Communications Professional, Kelchen Consulting
Assistant District Attorney, Philadelphia District Attorney
Sarah Hart has worked for over three decades in the criminal justice field at the federal, state and local levels.
From 1979-95, she served as a prosecutor in Philadelphia where (for 9 years) she represented the District Attorney in federal prison litigation involving mass releases of pretrial detainees. During this time, she provided substantial assistance to the U.S. Congress in drafting the Federal Prison Litigation Reform Act (PLRA).
From 1995-2001, Mrs. Hart served as the Chief Counsel for the Pennsylvania Department of Corrections where she successfully defended the constitutionality of the PLRA in the federal courts.
From 2001-2005, following unanimous Senate confirmation, she served as the Director of the National Institute of Justice (the research and evaluation arm of the U.S. Department of Justice) where, among other things, she developed the national $1 billion DNA initiative.
After an appointment as a Visiting Professor teaching graduate school courses at Rutgers University, she returned to Philadelphia to represent Philadelphia District Attorney in class action litigation concerning the Philadelphia Prison System. During this time she represented the Pennsylvania District Attorney’s Association in crafting comprehensive, bipartisan prison reform legislation in Pennsylvania that enacted sweeping changes in sentencing and parole practices. (Acts 81-84 of 2008).
Mrs. Hart previously served as Vice Chair of the Legal Affairs Committee of the American Corrections Association, a member of the Executive Committee of the Criminal Law Practice Group of the Federalist Society, a member of the Board of Directors of the Crime Victims Law Institute, and as a member of the Pennsylvania Supreme Court’s Appellate Procedural Rules Committee. She has also provided extensive training on the PLRA and corrections issues to the National Institute of Corrections, the National Association of Attorneys General, and the Association of State Correctional Administrators.
Mrs. Hart has published articles relating to corrections, forensics, and domestic violence. A recent publication focuses on the benefits and costs of prisoner class actions.
S. Hart, Evaluating Institutional Prisoners’ Rights Litigation: Costs and Benefits and Federalism Considerations, 11 U. Penn. J. Const. L. 73 (2008).
She is a graduate of Rutgers Law School and the University of Delaware.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.
Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science. Before that he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He also has taught at DePaul College of Law and UCLA Law School.
He is the author of eleven books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (Picador Macmillan) published in November 2018, and two books published by Yale University Press in 2017, Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman).
He also is the author of more than 200 law review articles. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
U.S. Court of Appeals, Ninth Circuit
Sandra Segal Ikuta was confirmed as a judge of the U.S. Court of Appeals for the Ninth Circuit on June 19, 2006. She filled a judgeship vacant since September 1, 2000, when Chief Judge Emeritus James R. Browning took senior status.
Before becoming a U.S. Circuit Judge, California Gov. Arnold Schwarzenegger appointed her to be deputy secretary and general counsel of the California Resources Agency in January 2004.
Prior to her political appointment, Judge Ikuta was a partner at the Los Angeles office of O'Melveny & Myers LLP. She joined the law firm in 1990 as an associate and became a partner in 1997. She specialized in environmental and natural resources law and co-chaired the firm's environmental practice group. She previously served as a law clerk for U.S. Supreme Court Justice Sandra Day O'Connor, 1989-90, and Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, 1988-89.
Prior to her legal career, Judge Ikuta took an unorthodox career path, which included serving as the first female editor-in-chief of a national martial arts magazine.
She received her J.D. from the University of California at Los Angeles School of Law and a Master of Science from Columbia University School of Journalism. She earned her undergraduate degree from the University of California at Berkeley in 1976.
In addition to her duties as an active U.S. Circuit Judge, Judge Ikuta was an appointed member of the Judicial Conference of the U.S. Advisory Committee on Bankruptcy Rules.
Former Mildred Van Voorhis Jones Chair in Law, University of Illinois College of Law
The University of Illinois College of Law community mourns the loss of Professor Larry E. Ribstein, the Mildred Van Voorhis Jones Chair, Associate Dean for Research, and Co-Director of the Illinois Business Law and Policy Program, who passed away on December 24, 2011 in Fairfax, Virginia.
A member of the Illinois law faculty since 2002, Ribstein was a prodigious and pioneering scholar across a vast range of subjects, including partnerships and limited liability companies, corporate and securities law, choice of law, financial regulation, white-collar crime, legal ethics, and the legal profession. Among his over 170 publications, he was the author of The Rise of the Uncorporation (Oxford University Press, 2010),The Law Market (Oxford University Press, 2009) (with Erin A. O’Hara), The Sarbanes-Oxley Debate (American Enterprise Institute Press, 2006) (with Henry N. Butler), The Constitution and the Corporation (American Enterprise Institute Press, 1995) (with Butler), leading treatises (including Ribstein & Keatinge on Limited Liability Corporations and Bromberg & Ribstein on Partnerships), and two casebooks (Business Associations (4th ed. 2003, Lexis/Nexis) (with Peter V. Letsou) andUnincorporated Business Entities (4th ed. 2009, Lexis/Nexis) (with Jeffrey M. Lipshaw)). His latest book, The Rise of the Uncorporation, which examines the emergence and significance of non-corporate forms of business organization, was recently described in the Michigan Law Review as a “fascinating” study that “takes the traditional law and economics story of the corporation and turns it on its head.” A prominent commentator on law and business, Ribstein was the founder of Ideoblog (www.ideoblog.org) and the leading contributor to Truth on the Market (www.truthonthemarket.com), which was recently ranked by the ABA Journal as one of the 100 top law blogs.
Professor Ribstein taught a variety of courses at the College of Law, including business organizations, unincorporated business entities, and market regulation. He also taught an innovative colloquium on corporate law that brought together students and leading scholars to discuss current issues in the field.
“Larry was a scholar of incandescent intellect, breathtaking range, and unflagging energy,” said Dean Bruce Smith. “He cared passionately about his students and about transforming legal education to meet the challenges of the twenty-first century. He invested selflessly in the professional development of junior faculty members – whether at Illinois or at other institutions. He cared deeply about the College of Law and contributed incalculably to it through his ideas, his engagement, and his counsel. And he cherished his family with a love that was boundless. Larry was a towering figure and an incomparable person, and he will be dearly missed.”
After earning his B.A. from The Johns Hopkins University and his J.D. from the University of Chicago Law School, Ribstein practiced for three years as an associate at McDermott, Will & Emery in Chicago. He began his teaching career at Mercer University Law School (1975-87), later serving on the faculty at George Mason University School of Law (1987-2002), including as George Mason University Foundation Professor of Law (1993-2002). He also held visiting professorships at New York University Law School, the University of Texas School of Law, Washington University School of Law, and St. Louis University School of Law. He served the legal-academic community in a variety of capacities, including on the Executive Committee of the American Association of Law Schools (AALS) Section on Securities Regulation, as chair of the AALS Section on Agency, Partnership and LLCs, and as editor and co-editor of The Supreme Court Economic Review.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Did the Supreme Court Just Kill the Class Action?
Brian T. Fitzpatrick
Although it received lower billing than some of the Term’s other decisions, I suspect the...
Overtime Exemption Litigation Targets the Pharmaceutical Industry
Brent D. Knight, Michelle G. Marks
In the last several years, pharmaceutical companies have been targeted by the plaintiffs’ bar for...
State Court Challenges to Legislatively Enacted Tort Reforms
Andrew Cook, Emily Kelchen
Introduction Over the past three decades, proponents of civil liability reform have made significant gains.1 Propelled...
State Court Challenges to Legislatively Enacted Tort Reforms
Andrew Cook, Emily Kelchen
Introduction Over the past three decades, proponents of civil liability reform have made significant gains.1...
Supreme Court Round-Up
Los Angeles, CaliforniaGrading the Bar Exam: A Debate on Compulsory Licensing for Lawyers
Los Angeles, CaliforniaThe Federalist Paper, July 2011
We are pleased to bring you the spring issue of The Federalist Paper. Inside, as...
Is ‘Born in the USA’ the Meaning of Citizenship? A Pro and Con Look at the Historical Record
Denver, ColoradoBrown v. Plata - Post-Decision SCOTUScast
Sarah V. Hart
On May 23, 2011, the Supreme Court announced its decision in Brown v. Plata (formerly...
State Court Docket Watch Winter 2011
John Shu
In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents State...