Associate Professor & Director, Constitutional Government Initiative, Wheatley Institute, Brigham Young University
James C. Phillips is the Constitutional Government Initiative Director and an associate professor at BYU’s Wheatley Institute. He is also a fellow with the UC-Berkeley School of Law’s Public Law and Policy Program and an academic affiliate with the D.C.-based law firm Schaerr|Jaffe. His scholarship has been cited by judges around the country, including at the U.S. Supreme Court, and has been covered in various media outlets, including the New York Times Magazine, USA Today, Reuters, CNN, and Fox News. He is a member of the Executive Committee of the Federalist Society's Religious Liberty Practice Group and the J. Reuben Clark Law Society Religious Liberty Committee.
Prior to joining Wheatley, Phillips was associate professor of law at Chapman University’s Fowler School of Law, where he taught Constitutional Law, Religion and the Constitution, Civil Procedure, Family Law, and Professional Responsibility and was named 1L Professor of the Year. Dr. Phillips has taught Administrative Law at BYU’s J. Reuben Clark Law School, where he also helped conceive and design the Corpus of Founding-Era American English. He was also a Non-resident Fellow with Stanford Law School’s Constitutional Law Center.
Dr. Phillips has published dozens of academic articles, primarily in law journals, but also communications, business, and history journals. His longer pieces have been published in, for example, the University of Pennsylvania Law Review, the Southern California Law Review, and the Harvard Journal of Law and Public Policy, and his shorter articles have been published in journals such as the Yale Law Journal Forum and the Duke Law Journal Online. Dr. Phillips has also written op-eds on constitutional issues for Newsweek, The Atlantic, the Los Angeles Times, the Orange County Register, Deseret News, and National Review.
Prior to his university posts, Dr. Phillips practiced law as a Constitutional Law Fellow for the Becket Fund for Religious Liberty and an associate for Kirton | McConkie. He has worked on dozens of cases at the U.S. Supreme Court, as well as cases in federal and state courts throughout the country. He is a member of the bar in Utah and D.C. He clerked for Judge Thomas B. Griffith on the U.S. Court of Appeal for the D.C. Circuit and for Justice Thomas R. Lee on the Utah Supreme Court. Dr. Phillips earned his JD, Order of the Coif, from UC-Berkeley’s School of Law, where he was a member of the California Law Review. He also has a PhD in Jurisprudence & Social Policy from UC-Berkeley, an M.A. in Mass Communication from BYU, and a B.A. in History from Arizona State University.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Associate Professor of Law, Emory Law
Fred Smith Jr. is associate professor at Emory University School of Law. He is a scholar of the federal judiciary, constitutional law, and local government. In 2019, he was named Emory Law's Outstanding Professor of the Year.
Smith clerked for Judge Myron Thompson of the Middle District of Alabama; Judge Barrington D. Parker Jr. of the United States Court of Appeals for the Second Circuit; and Justice Sonia Sotomayor of the United States Supreme Court. Prior to teaching, he also worked for Bondurant, Mixson & Elmore LLP in Atlanta.
Smith's research focuses on accountability, federal jurisdiction, and state sovereignty. His work has appeared, or will appear, in Columbia Law Review, Harvard Law Review, Michigan Law Review, New York University Law Review, Notre Dame Law Review, Stanford Law Review, Vanderbilt Law Review, among other academic journals. Notable articles include: “On Time, (In)equality, and Death,” 120 Mich. L. Rev. ___ (2021) (forthcoming); “The Constitution After Death,” 121 Colum. L. Rev. 1471 (2020); “Abstention in the Time of Ferguson,” 131 Harv. L. Rev. 2283 (2018); "Undemocratic Restraint," 69 Vand. L. Rev. 845 (2017); "Local Sovereign Immunity," 116 Colum. L. Rev. 409 (2016), and "Due Process, Republicanism, and Direct Democracy," 89 N.Y.U. L. Rev. 582 (2014). He has given lectures on related topics across the United States and internationally, including in Istanbul, Shanghai, and Warsaw. He also has been interviewed as an expert by major media outlets, including the New York Times, the Washington Post, the Atlanta Journal-Constitution, and various affiliates of National Public Radio.
In a range of volunteer capacities, Smith promotes equity and social justice. He serves on the board of Invest Atlanta, which serves as the economic and community development authority of City of Atlanta. He also serves the national board of Lambda Legal; the national board of Civil Rights Corps; and the LGBT Advisory Board of Historic Atlanta. He served as an inaugural member of Atlanta’s Mayoral LGBTQ Advisory Board. He also served as an inaugural advisory board member for the Harvard Debate Council Diversity Project, which annually trains black Atlanta youth in critical thinking and public speaking.
Associate Professor & Director, Constitutional Government Initiative, Wheatley Institute, Brigham Young University
James C. Phillips is the Constitutional Government Initiative Director and an associate professor at BYU’s Wheatley Institute. He is also a fellow with the UC-Berkeley School of Law’s Public Law and Policy Program and an academic affiliate with the D.C.-based law firm Schaerr|Jaffe. His scholarship has been cited by judges around the country, including at the U.S. Supreme Court, and has been covered in various media outlets, including the New York Times Magazine, USA Today, Reuters, CNN, and Fox News. He is a member of the Executive Committee of the Federalist Society's Religious Liberty Practice Group and the J. Reuben Clark Law Society Religious Liberty Committee.
Prior to joining Wheatley, Phillips was associate professor of law at Chapman University’s Fowler School of Law, where he taught Constitutional Law, Religion and the Constitution, Civil Procedure, Family Law, and Professional Responsibility and was named 1L Professor of the Year. Dr. Phillips has taught Administrative Law at BYU’s J. Reuben Clark Law School, where he also helped conceive and design the Corpus of Founding-Era American English. He was also a Non-resident Fellow with Stanford Law School’s Constitutional Law Center.
Dr. Phillips has published dozens of academic articles, primarily in law journals, but also communications, business, and history journals. His longer pieces have been published in, for example, the University of Pennsylvania Law Review, the Southern California Law Review, and the Harvard Journal of Law and Public Policy, and his shorter articles have been published in journals such as the Yale Law Journal Forum and the Duke Law Journal Online. Dr. Phillips has also written op-eds on constitutional issues for Newsweek, The Atlantic, the Los Angeles Times, the Orange County Register, Deseret News, and National Review.
Prior to his university posts, Dr. Phillips practiced law as a Constitutional Law Fellow for the Becket Fund for Religious Liberty and an associate for Kirton | McConkie. He has worked on dozens of cases at the U.S. Supreme Court, as well as cases in federal and state courts throughout the country. He is a member of the bar in Utah and D.C. He clerked for Judge Thomas B. Griffith on the U.S. Court of Appeal for the D.C. Circuit and for Justice Thomas R. Lee on the Utah Supreme Court. Dr. Phillips earned his JD, Order of the Coif, from UC-Berkeley’s School of Law, where he was a member of the California Law Review. He also has a PhD in Jurisprudence & Social Policy from UC-Berkeley, an M.A. in Mass Communication from BYU, and a B.A. in History from Arizona State University.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Associate Professor of Law, Emory Law
Fred Smith Jr. is associate professor at Emory University School of Law. He is a scholar of the federal judiciary, constitutional law, and local government. In 2019, he was named Emory Law's Outstanding Professor of the Year.
Smith clerked for Judge Myron Thompson of the Middle District of Alabama; Judge Barrington D. Parker Jr. of the United States Court of Appeals for the Second Circuit; and Justice Sonia Sotomayor of the United States Supreme Court. Prior to teaching, he also worked for Bondurant, Mixson & Elmore LLP in Atlanta.
Smith's research focuses on accountability, federal jurisdiction, and state sovereignty. His work has appeared, or will appear, in Columbia Law Review, Harvard Law Review, Michigan Law Review, New York University Law Review, Notre Dame Law Review, Stanford Law Review, Vanderbilt Law Review, among other academic journals. Notable articles include: “On Time, (In)equality, and Death,” 120 Mich. L. Rev. ___ (2021) (forthcoming); “The Constitution After Death,” 121 Colum. L. Rev. 1471 (2020); “Abstention in the Time of Ferguson,” 131 Harv. L. Rev. 2283 (2018); "Undemocratic Restraint," 69 Vand. L. Rev. 845 (2017); "Local Sovereign Immunity," 116 Colum. L. Rev. 409 (2016), and "Due Process, Republicanism, and Direct Democracy," 89 N.Y.U. L. Rev. 582 (2014). He has given lectures on related topics across the United States and internationally, including in Istanbul, Shanghai, and Warsaw. He also has been interviewed as an expert by major media outlets, including the New York Times, the Washington Post, the Atlanta Journal-Constitution, and various affiliates of National Public Radio.
In a range of volunteer capacities, Smith promotes equity and social justice. He serves on the board of Invest Atlanta, which serves as the economic and community development authority of City of Atlanta. He also serves the national board of Lambda Legal; the national board of Civil Rights Corps; and the LGBT Advisory Board of Historic Atlanta. He served as an inaugural member of Atlanta’s Mayoral LGBTQ Advisory Board. He also served as an inaugural advisory board member for the Harvard Debate Council Diversity Project, which annually trains black Atlanta youth in critical thinking and public speaking.
Senior Fellow, Cato Institute
Doug Bandow is a senior fellow at the Cato Institute, specializing in foreign policy and civil liberties. He worked as special assistant to President Reagan and editor of the political magazine Inquiry. He writes regularly for leading publications such as Fortune magazine, National Interest, Wall Street Journal, and Washington Times. Bandow speaks frequently at academic conferences, on college campuses, and to business groups. Bandow has been a regular commentator on ABC, CBS, NBC, CNN, Fox News Channel, and MSNBC. He holds a J.D. from Stanford University.
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, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Senior Fellow, Cato Institute
Doug Bandow is a senior fellow at the Cato Institute, specializing in foreign policy and civil liberties. He worked as special assistant to President Reagan and editor of the political magazine Inquiry. He writes regularly for leading publications such as Fortune magazine, National Interest, Wall Street Journal, and Washington Times. Bandow speaks frequently at academic conferences, on college campuses, and to business groups. Bandow has been a regular commentator on ABC, CBS, NBC, CNN, Fox News Channel, and MSNBC. He holds a J.D. from Stanford University.
Senior Fellow, Cato Institute
Walter Olson is a senior fellow at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and is known for his writing on the American legal system. His books include The Rule of Lawyers, on mass litigation, The Excuse Factory, on lawsuits in the workplace, and most recently Schools for Misrule, on the state of the law schools. His first book, The Litigation Explosion, was one of the most widely discussed general-audience books on law of its time. It led the Washington Post to dub him “intellectual guru of tort reform.” Active on social media, he is known as the founder and principal writer of what is generally considered the oldest blog on law as well as one of the most popular, Overlawyered.com. He has advised many public officials from the White House to town councils and in 2015 was named by Gov. Larry Hogan to be co-chair of the Maryland Redistricting Reform Commission, which issued its report recommendations later that year to acclaim across the state.
Before joining Cato, Olson was a senior fellow at the Manhattan Institute and an editor at the magazine Regulation, then edited by future Supreme Court Justice Antonin Scalia. Olson’s more than 400 broadcast appearances include all the major networks, NPR, the BBC, The Diane Rehm Show, and Oprah.
Senior Fellow, Cato Institute
Doug Bandow is a senior fellow at the Cato Institute, specializing in foreign policy and civil liberties. He worked as special assistant to President Reagan and editor of the political magazine Inquiry. He writes regularly for leading publications such as Fortune magazine, National Interest, Wall Street Journal, and Washington Times. Bandow speaks frequently at academic conferences, on college campuses, and to business groups. Bandow has been a regular commentator on ABC, CBS, NBC, CNN, Fox News Channel, and MSNBC. He holds a J.D. from Stanford University.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Senior Fellow, Cato Institute
Doug Bandow is a senior fellow at the Cato Institute, specializing in foreign policy and civil liberties. He worked as special assistant to President Reagan and editor of the political magazine Inquiry. He writes regularly for leading publications such as Fortune magazine, National Interest, Wall Street Journal, and Washington Times. Bandow speaks frequently at academic conferences, on college campuses, and to business groups. Bandow has been a regular commentator on ABC, CBS, NBC, CNN, Fox News Channel, and MSNBC. He holds a J.D. from Stanford University.
The Impact of Judicial Activism on the Moral Character of Citizens
James C. Phillips, Ilya Shapiro, Fred Smith
On October 28, 2010, the UC Berkeley Student Chapter of the Federalist Society hosted this debate...
The Impact of Judicial Activism on the Moral Character of Citizens
UC Berkeley Student Chapter
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Austin, TexasUnenumerated Rights
Guns, Dog Fights, and Corporate Political Speech: Another Year at the Supreme Court A Review of October Term 2009 and a Preview of October Term 2010
Free Market Environmentalism
Employment Law Issues and the Americans With Disabilities Act
Loyola-New Orleans Student Chapter
New Orleans, LAAmerica's Debt Crisis: What You'll Be Paying for Your Entire Legal Career
The Constitutionality of Obamacare and the Impact of Mo. Prop. C
Globalization and International Law