Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Of Counsel, Bredhoff & Kaiser PLLC
Richard F. Griffin, Jr. is Of Counsel at the Washington, DC law firm of Bredhoff & Kaiser, and has practiced labor law for more than 36 years. Prior to joining the firm, from November 4, 2013 through October 31, 2017, Mr. Griffin was the General Counsel of the National Labor Relations Board (NLRB), nominated by President Obama and confirmed by the U.S. Senate. Before becoming NLRB General Counsel, from January 2012 through August 2013, Mr. Griffin was a NLRB Board Member, recess appointed to that position by President Obama. From 1983 through his appointment as a Board Member, Mr. Griffin worked in the legal department of the International Union of Operating Engineers (IUOE); from September 1994 until January 2012, he was the IUOE’s General Counsel. While IUOE General Counsel, Mr. Griffin was on the AFL-CIO Lawyers Advisory Panel and was a member of the Board of Directors of the AFL-CIO Lawyers Coordinating Committee. From 1981 to 1983, Mr. Griffin served as staff counsel to two NLRB Board Members.
“For exemplary public service and leadership on behalf of America’s workers” Mr. Griffin was named to the National Employment Law Project’s 2016 Honor Roll. He is a Fellow of the College of Labor and Employment Lawyers and of the American Bar Foundation. He graduated from Yale College (BA 1977) and Northeastern University Law School (JD 1981).
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
Professor of Law, Cornell University School of Hotel Administration
David Sherwyn is the John and Melissa Ceriale Professor of Hospitality Human Resources and a professor of law at Cornell Peter and Stephanie Nolan School of Hotel Administration. He is also the academic director of the Cornell Center for Innovative Hospitality Labor and Employment Relations and a research fellow at the Center for Labor and Employment Law at New York University's School of Law. In addition, Sherwyn is of counsel to the law firm of Stokes & Wagner. Prior to joining the Nolan School, Sherwyn practiced management-side labor and employment law for six years.
Sherwyn has published articles in the Arizona State Law Review, Berkeley Journal of Labor and Employment Law, the Cornell Hospitality Quarterly, Fordham Law Review, University of California Hastings Law Journal, Indiana Law Journal, Northwestern Law Review, Stanford Law Review, and the University of Pennsylvania Labor and Employment Law Journal. His research interests include arbitration of discrimination lawsuits and union-management relations.
Sherwyn teaches Business and Hospitality Law, a required class with more than 200 students. In addition, he teaches Employment Discrimination Law and Union Management Relations and Labor Relations in the Hospitality Industry. Since joining the faculty in 1997, Sherwyn has won 20 teaching awards. In 2014, he was recognized with a Stephen H. Weiss Presidential Fellowship, the most prestigious teaching award at Cornell University.
In 2002, Sherwyn conceived of, organized, and hosted the Center for Hospitality Research's (CHR) first Hospitality Industry Roundtable. Since that time, he has hosted more than 20 roundtables. Because of the success of the now-annual Labor and Employment Law Roundtable, the CHR hosts roundtables in each of the disciplines that are represented in the school. From 2006-2009, Sherwyn was the director of the CHR. In that time the center grew from 13 to 34 partners and began sponsoring the Annual HR in Hospitality Conference.
Staff Attorney, National Right To Work Legal Defense Foundation
Glenn Taubman is a Staff Attorney for the National Right to Work Legal Defense and Education Foundation (1982 to the present). He was a Law Clerk for Senior Circuit Judge Warren L. Jones, U.S. Court of Appeals for the Fifth and Eleventh Circuits, Jacksonville, Florida, from 1981-82, and a Staff Attorney for the U.S. District Court, Middle District of Florida, Jacksonville, Florida, from 1980-81. His Bar Admissions include: Georgia, 1980; New York, 1981; U.S. Supreme Court, 1983; District of Columbia, 1985. He regularly appears before the National Labor Relations Board and various federal courts, representing individual employees only.
He is the author of "'Neutrality Agreements' and the Destruction of Employees' Section 7 Rights" (2005) and co-author of "Union Discipline and Employee Rights," a monograph published by the National Right to Work Foundation.
A partial listing of his reported cases includes: Lucas v. NLRB, 333 F.3d 927 (9th Cir. 2003);Penrod v. NLRB, 203 F.3d 41 (D.C. Cir. 2000);Production Workers v. NLRB, 161 F.3d 1047 (7th Cir. 1998);Food & Commercial Workers Local 951 v. Mulder, 31 F.3d 365 (6th Cir. 1994);NLRB v. Office Employees Local 2, 902 F.2d 1164 (4th Cir. 1990);Tierney v. City of Toledo, 917 F.2d 927 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 902 F.2d 422 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 854 F.2d 131 (6th Cir. 1988);Tierney v. City of Toledo, 824 F.2d 1497 (6th Cir. 1987);Masiello v. US Airways, Inc., 113 F. Supp. 2d 870 (W.D.N.C. 2000);Jordan v. City of Bucyrus, 739 F. Supp. 1124 (1990),further proceedings, 754 F. Supp. 554 (N.D. Ohio 1991);Dana Corp., 341 N.L.R.B. No. 150, 2004 WL 1329345 (June 7, 2004);California Saw & Knife Works, 320 N.L.R.B. 224 (1995),enforced, 133 F.3d 1012 (7th Cir. 1998).
Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
Senior Scholar, Manhattan Institute; Professor of Law Emerita, University of San Diego
Gail Heriot is a Senior Scholar at the Manhattan Institute, a Professor of Law Emerita at the University of San Diego and the Chairman of the Board of the American Civil Rights Project. She served on the U.S. Commission on Civil Rights for 18 years. Her new book is entitled “Why We Walk on Eggshells: How Our Civil Rights Laws Stifle Our Public Discourse.”
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Judge, United States Court of Appeals, Sixth Circuit
John B. Nalbandian serves as a United States Circuit Judge from Kentucky on the U.S. Court of Appeals for the Sixth Circuit. He was nominated and confirmed to that position in 2018. Prior to that, Judge Nalbandian was a partner in the litigation practice group of Taft Stettinius & Hollister LLP in Cincinnati, where he served as the firm’s lead appellate lawyer and also practiced complex litigation in state and federal courts. Judge Nalbandian was board certified by the Ohio State Bar Association as a specialist in appellate law. Prior to joining Taft, Judge Nalbandian practiced for five years in the appellate section of Jones Day in Washington, DC. Upon graduation from law school, Judge Nalbandian clerked for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit in Houston. While in private practice, he also served as a board member of the State Justice Institute, a nonprofit organization established by the federal government to improve the administration of justice in state courts. He served as President of the Cincinnati Lawyers Chapter of the Federalist Society. He has also been involved in his community as a board member of the Greater Cincinnati Minority Counsel Program, and as a board member of the Asian Pacific Bar Association of Southwest Ohio. Judge Nalbandian earned his B.S., magna cum laude, from the Wharton School at the University of Pennsylvania and his J.D. from the University of Virginia School of Law, where he was inducted into the Order of the Coif and served as managing editor of the Virginia Law Review.
Director of Equality and Opportunity Litigation, Pacific Legal Foundation
Joshua directs the litigation for PLF’s Equality and Opportunity Program, where he fights to dismantle unconstitutional barriers to opportunity, freeing individuals to rise based on their choices, character, and ability.
Joshua joined PLF as an attorney in 2007. His litigation practice has covered all PLF subject areas with a particular focus on equality and opportunity. Joshua argued PLF’s 13th case before the United States Supreme Court, Cedar Point Nursery v. Hassid, where the court ruled that a California regulation that allowed union organizers onto private property violated the Fifth Amendment’s Takings Clause. Other litigation highlights of his include ending a decades-long racial quota in Hartford, Connecticut, lifting a ban on boys’ dancing in Minnesota, and vindicating an entrepreneur’s right to start a moving business in Kentucky.
Joshua’s writings have been published by the USA Today, Wall Street Journal, and Washington Post. And his research has been published in journals such as Texas Review of Law & Politics, Alabama Civil Rights & Civil Liberties Law Review, Journal of Civil Rights & Economic Development, and Northern Illinois University Law Review. He has appeared on national television and radio, including PBS Newshour, NPR’s All things Considered, Stossel, and Univision.
Joshua earned his BA with distinction from the University of Wisconsin-Madison with a triple major in political science, international relations, and German. He earned his JD cum laude from Michigan State College of Law where he was on the law review and trial practice institute. Joshua lives in Sacramento, California with his wife and three children. He loves playing chess and rooting for Wisconsin sports teams.
Joshua is a member of the bar only in the state of California.
Adjunct Professor of Law, New York University School of Law
Jenny R. Yang served in the White House, Domestic Policy Council as a Deputy Assistant to the President for Racial Justice and Equity until March 2024. From the first day of the Biden-Harris Administration until March 2023, she served as the Director of the Office of Federal Contracts Compliance Programs at the U.S. Department of Labor. Before that she served on the Biden-Harris Labor Transition Team. Ms. Yang served as Chair, Vice-Chair, and Commissioner of the U.S. Equal Employment Opportunity Commission from 2013 to 2018.
Ms. Yang is currently teaching Employment Law at New York University School of Law. She previously served as a Senior Fellow at the Urban Institute and a consultant with Working Ideal from 2019-2020. She spent a decade representing workers in complex nationwide employment discrimination and wage and hour actions as a partner and Chair of the Diversity Committee at Cohen Milstein. Before that, she served as a Senior Trial Attorney with the U.S. Department of
Justice, Civil Rights Division, Employment Litigation Section. She began her career at the National Employment Law Project protecting the rights of garment workers. Prior to that she clerked for Judge Edmund Ludwig of the U.S. District Court for the Eastern District of Pennsylvania. Ms. Yang served a co-chair of the first national board of the National Asian Pacific American Women’s Forum. A graduate of Cornell University, she earned a B.A. in Government. She earned a J.D. from NYU School of Law where she was a Root-Tilden Public Interest scholar and served as Notes Editor of the Law Review.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Should a Labor Court Replace the Adjudication Function of the NLRB?
Samuel Estreicher, Richard F. Griffin, G. Roger King, David Sherwyn, Glenn Taubman
The National Labor Relations Board (NLRB) has come under increasing criticism, with some accusing it...
Explainer Episode 90 - Disparate Impact and the Future of Equal Opportunity
Linda L. Chavez, Gail L. Heriot, Dan Morenoff
On April 23, President Trump signed E.O. 14281, Restoring Equality of Opportunity and Meritocracy, declaring...
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
Dan Morenoff
For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Civil Rights: Developments in Disparate Impact Law & Policy
Dan Morenoff, John B. Nalbandian, Joshua Paul Thompson, Jenny R. Yang
The “disparate impact” approach to civil rights enforcement makes it presumptively illegal to use selection...
Racially Discriminatory Corporate Policies: Who's Liable?
Dan Morenoff
Laws banning discrimination have been on the books across America for more than a century...
Topics
New article: The Roots of Wokeness
Professor Gail Heriot of the University of San Diego School of Law writes that we...
Unleashed and Unbound: Living Textualism in Bostock v. Clayton County
Nelson Lund
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
EEOC, OMB, and the Collection of Data That Can’t Be Analyzed
The decision of the Office of Management and Budget (OMB) to pause implementation of an...
Topics
Is the Disparate Impact Doctrine Unconstitutionally Vague?
Due process requires that a statute apprise a person of reasonable intelligence of the nature...