John Hampton Baumgartner, Jr. Professor of Real Property Law; Faculty Director, Georgetown Environmental Law and Policy Program; Faculty Director, Georgetown Climate Resource Center, Georgetown Law Center
Professor Byrne joined the Law Center faculty in 1985. After graduation from the University of Virginia law school, he served as a law clerk to Judge Frank Coffin and U.S. Supreme Court Justice Lewis Powell and then worked as an associate with the D.C. firm of Covington & Burling. He teaches and writes in the areas of Property, Land Use, Constitutional Law, and Higher Education Law and Policy. He served as Associate Dean for the JD Program from 1997 to 2000. He was John Carroll Research Professor in 1996-97.
Professor of Constitutional Law, Pepperdine University School of Law
One of America's best known scholars and popular commentators on the law, Professor Douglas W. Kmiec holds the endowed chair in constitutional law at Pepperdine Law School. He came to this position after serving several years as dean and St. Thomas More Professor of Law at The Catholic University of America in Washington, D.C., and for nearly two decades, on the law faculty at the University of Notre Dame. As dean at Catholic University, Professor Kmiec did what many said would be impossible; he greatly increased academic quality and student selectivity at the same time he deepened the school's religious commitment. During his tenure, the law school moved into the upper tier of the U.S. News ranking from tier three. At Notre Dame, he was director of Notre Dame's Center on Law & Government, and the founder of its Journal of Law, Ethics & Public Policy. Beyond the university setting, Kmiec served Presidents Ronald Reagan and George Bush during 1985-89 as constitutional legal counsel (Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice).
A wide-ranging writer and engaging speaker, Professor Kmiec writes a syndicated column for the Catholic News Service, and for several years wrote a regular column in the Chicago Tribune. He is also a frequent contributor to the pages of the Los Angeles Times, Wall Street Journal, and other periodicals. He is the co-author (with legal historian Stephen Presser of Northwestern) of three books on the Constitution -- The American Constitutional Order; Individual Rights and the American Constitution and The History, Structure and Philosophy of the American Constitution. Another recent book, Cease-Fire on the Family (Crisis Books/Notre Dame) attracted scholarly and popular acclaim for proposing realistic ways for families to "end the culture war" by renewing personal virtue and civic responsibility within itself. He has also written The Attorney General's Lawyer (Praeger 1992), and several respected legal treatises.
Professor Kmiec's scholarly research spans legal and non-legal subjects, from the Constitution and the federal system, to land use and the organization of America society. He is a frequent guest on national news programs, such as Nightline, the Newshour, and NPR's Talk of the Nation, analyzing constitutional questions.
A White House Fellow (1982-83), Professor Kmiec is one of a few individuals who has received the Distinguished Service Award from two cabinet departments —the Department of Justice in 1987 and Housing and Urban Development in 1983. In 1988, he was awarded the Edmund J. Randolph Award by the attorney general. He has lectured on the U.S. Constitution in Asia as a Fulbright Distinguished Scholar.
An honors graduate of Northwestern, Professor Kmiec received his law degree from the University of Southern California, where he served on the Law Review and received the Legion Lex Commencement Prize for Legal Writing. He is a member of the bar of the U.S. Supreme Court and the state bars of Illinois and California.
B.A., with honors, Northwestern University, 1973
J.D., University of Southern California, 1976
Partner, Marzulla Law
Roger J. Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned first hand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. In 1997, he co-founded Marzulla Law, where he brings to bear more than 35 years of expertise representing companies and individuals in industries as diverse as land and project development, aerospace, chemicals, oil and gas, mining, timber, manufacturing, computers, agriculture and water service.
Roger began his legal career as a trial lawyer in San Jose, California, after graduating magna cum laude from the University of Santa Clara School of Law. As a partner in Matthews & Marzulla he represented developers, title and construction companies, shopping centers, apartment owners and lenders in litigation throughout California. In 1981 he moved to Denver to become President of Mountain States Legal Foundation, litigating environmental and natural resource cases across the West.
In 1983 Roger joined the Justice Department as Special Litigation Counsel. He was subsequently promoted to Deputy Assistant Attorney General and, in 1987, was confirmed by the Senate as Assistant Attorney General in charge of the Environment and Natural Resources Division. At the Justice Department, Roger helped create litigation strategies for government programs as diverse as Superfund, the Clean Air Act, off-shore oil leasing, environmental crimes, federal facility clean-up, wetlands, endangered species and hazardous waste enforcement, as well as Presidential Order EO 12,630 (Government Interference with Private Property Rights).
In 1989 Roger returned to private law practice, successively heading the environmental law practices of the Powell, Goldstein and Akin, Gump law firms.
Since 1997, as a partner in Marzulla Law, Roger has continued to represent corporate and business clients in a wide array of environmental and property issues in courts across the country, frequently in litigation against the United States. He also assists clients in attaining compliance with environmental, health and safety regulation, and in avoiding risks in transactions.
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
President, Constitutional Accountability Center
Doug is founder and President of the Constitutional Accountability Center (CAC), a think tank, law firm and action center dedicated to fulfilling the progressive promise of our Constitution's text and history. He previously founded and directed Community Rights Counsel (CRC), CAC's predecessor organization. Doug has represented clients in state and federal appellate courts around the country and he has co-authored more than a dozen briefs filed before the U.S. Supreme Court. He is co-author of three books and lead author of numerous reports and studies. He launched and helped direct (with Earthjustice) the Judging the Environment Project, a comprehensive effort to highlight the environmental stakes in the future of the U.S. Supreme Court and appointments to the federal bench. Doug has appeared on television programs including Nightline, 20/20, Fox News Sunday, and World News Tonight, and radio broadcasts on NPR, CBS News, and Air America. His academic writings have appeared scholarly journals including the Virginia Law Review. His commentary has run in the New Republic, the American Prospect, Slate, and dozens of major papers including the Washington Post, USA Today, and the Los Angeles Times. Doug is a blogger on Huffington Post. Doug received his undergraduate and law degrees from the University of Virginia.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
Principal, Ely & Company, Inc.
Bert Ely has specialized in deposit insurance and banking structure issues since 1981. In 1986, he became an early predictor of the S&L crisis and a taxpayer bailout of the FSLIC. In 1991, he was the first person to correctly predict the non-crisis in commercial banking; in 1992, he predicted an eventual taxpayer bailout of the Japanese banking system.
Bert continuously monitors conditions in the banking and S&L industries, monetary policy, and the growing federalization of credit risk. He has helped to draft legislation to enact the cross-guarantee concept for privatizing banking regulation and its related deposit insurance and systemic risks. He has testified on numerous occasions before congressional committees on banking issues and he often speaks on these matters to bankers and others.
Bert first established his consulting practice in 1972. Before that, he was the chief financial officer of a public company, a consultant with Touche, Ross & Company, and an auditor with Ernst & Ernst. He received his MBA from the Harvard Business School in 1968 and his Bachelor's degree in economics in 1964 from Case Western Reserve University.
Managing Director, Promontory Financial Group, LLC
Bill brings an exceptional blend of experience and insights to his work with clients, having been a banker, California’s Commissioner of Financial Institutions, and a member of the Financial Stability Oversight Council. He works with financial institutions on corporate governance and organizational design, compliance program design and implementation, anti-money laundering programs, senior management reviews, and strategic planning.
Bill’s financial services experience spans the corporate sector, the executive branches of both state and federal government, academia, and think tanks. He earned a reputation as an open, fair, and pragmatic regulator during four years as Commissioner of Financial Institutions in California, leading the agency through a period of economic upheaval both in the state and nationwide. His vast knowledge and understanding of the financial system led to his selection as the state banking supervisors’ representative on the Financial Stability Oversight Council, a federal agency created by the Dodd-Frank Act to foster coordination among financial regulators in order to identify systemic risks to the nation’s financial stability.
Before his appointment to state office, Bill was an independent consultant with Promontory while also serving as a visiting professor of economics and finance for the Graduate School of Management at the University of California-Davis. He worked on a wide array of client engagements at Promontory, in areas that included governance, due diligence, compliance, and strategy.
During nine years with Bank of America, Bill was managing director of Banc of America Securities and senior vice president of strategic policy development and planning for the bank. Earlier, he worked for five years as director of policy analysis for Citicorp.
Bill was J. Edward Lundy Scholar and director of the financial markets project at the American Enterprise Institute for Public Policy Research. He served under President Reagan as senior staff economist and special assistant to the chairman of the Council of Economic Advisors.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Regulatory Counsel, Americans for Prosperity Foundation
Mike Pepson is regulatory counsel at Americans for Prosperity Foundation, which frequently files amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeals, and state Supreme Courts, as well as public comments in various federal and state regulatory proceedings. Mike assists AFPF with its efforts involving separation of powers, administrative process, criminal justice reform, tech and innovation, and other issues.
He is also Special Counsel for Administrative Law at Cause of Action Institute, where he has been involved in complex civil and criminal litigation in federal district and appellate courts and administrative litigation before federal agencies in a variety of matters, including agency enforcement actions, statutory and constitutional challenges to federal regulations and agency decisions, and Section 1983 challenges to state statutes.
He received his LL.M. from Columbia Law School, J.D. from The Catholic University of America, Columbus School of Law, and B.A. from Loyola College in Baltimore, Maryland.
Ashe Family Chair Professor of Law, Georgia State University College of Law
Eric J. Segall graduated from Emory University, Phi Beta Kappa and summa cum laude, and from Vanderbilt Law School, where he was the research editor for the Law Review and member of Order of the Coif. He clerked for the Chief Judge Charles Moye Jr. for the Northern District of Georgia, and Albert J. Henderson of the 11th Circuit Court of Appeals. After his clerkships, Segall worked for Gibson, Dunn & Crutcher and the U.S. Department of Justice, before joining the Georgia State faculty in 1991.
Segall teaches federal courts and constitutional law I and II. He is the author of the books Originalism as Faith and Supreme Myths: Why the Supreme Court is not a Court and its Justices are not Judges. His articles on constitutional law have appeared in, among others, the Harvard Law Review Forum, the Stanford Law Review On Line, the UCLA Law Review, the George Washington Law Review, the Washington University Law Review, the University of Pennsylvania Journal of Constitutional Law, the Northwestern University Law Review Colloquy, and Constitutional Commentary among many others.
Segall’s op-eds and essays have appeared in the New York Times, the LA Times, The Atlantic, SLATE, Vox, Salon, and the Daily Beast, among others. He has appeared on CNN, Fox News, MSNBC, and France 24 and all four of Atlanta’s local television stations. He has also appeared on numerous local and national radio shows.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
Property Rights Protection: Judicial Activism or a Return to First Principles? - Transcript
J. Peter Byrne, Douglas W. Kmiec, Roger J. Marzulla, James W. Ely, Douglas T. Kendall, Roger Pilon
The Environmental Law & Property Rights Practice Group sponsored this panel during the 2001 National Lawyers...
The Road from Rio To Kyoto: How Climate Science was Distorted to Support Ideological Objectives
S Singer
I want to present you with the quaint proposition that climate science is relevant for...
The Future of Miranda and the Exclusionary Rule
Michael O'Neill, Vivian Berger, Bradford A. Berenson, William G. Otis, Tim Lynch
Following are remarks from a panel discussion sponsored by the Criminal Law & Procedure Practice...
House Hearing on the Constitutionality of Campaign Finance Reform
Susan Chamberlain
The House Judiciary Committee's Subcommittee on the Constitution held a hearing on the First Amendment...
International Monetary Policy: The Asian Crisis and Beyond
Ian Vasquez, William Lash, Bert Ely, William Haraf
A Panel Presented on November 12, 1998 at the Federalist Society's 1998 Lawyers Convention by...
Tobacco-Free FDA
For 58 of the past 60 years, since Congress passed the 1938 Food, Drug and...
Blame for Ballooning Bankruptcies
Vern McKinley
As a period of historically low unemployment approaches the seventh year of economic expansion, the...
Dragooning State Officials into Federal Service
Roger Pilon
In a century driven by the Progressive-Era view that ever-larger government can solve the manifold...
Misinformation at the Court [The FedSoc Films Podcast]
In this episode of the FedSoc Films Podcast, John Vecchione, senior litigation counsel at the...
Necessary & Proper Episode 92: Can the Federal Government Ban At-Home Distilling?
Thomas Berry, Michael D. Pepson, Eric J. Segall, Theodore Cooperstein
After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995) held two federal statutes...