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.
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.
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Professor of Environmental Practice and Director, California Env, UC Davis School of Law
Richard M. Frank is a Professor of Environmental Practice and Director of the California Environmental Law and Policy Center (CELPC). Formerly the executive director of the Center for Law, Energy, & the Environment (CLEE) at UC Berkeley School of Law, Frank returned to UC Davis School of Law in January 2010. In addition to leading the CELPC, he teaches classroom courses in the environmental law curriculum.
Before coming to CLEE and UC Berkeley, Professor Frank practiced law with federal and state agencies for 32 years, most of that time with the California Department of Justice. Immediately before joining Berkeley Law, he served as California's Chief Deputy Attorney General for Legal Affairs.
In 2006, Governor Schwarzenegger appointed Frank to the Delta Vision Task Force, an advisory body asked to develop policy recommendations for the Governor and Legislature, addressing environmental problems confronting the California Delta. He served in that capacity in 2007-08. In May 2009, the Chair of the California Air Resources Board appointed Frank Vice Chair of the Economic Allocation & Advisory Committee, an advisory body formed to assist the Air Resources Board in implementing California's landmark Global Warming Solutions Act (AB 32).
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Earl Warren Professor of Public Law (Emeritus), UC Berkeley School of Law
Jesse Choper served as law clerk to Chief Justice Earl Warren of the U.S. Supreme Court following graduation from law school. He taught at the Wharton School of the University of Pennsylvania from 1957 to 1960, and at the University of Minnesota Law School from 1961 to 1965. He joined the Berkeley Law faculty in 1965. Choper has been a visiting professor at Harvard Law School, Fordham Law School, University of Milan, Free University in Amsterdam, Autonoma University in Barcelona, University of New South Wales in Sydney, University of Lucerne in Switzerland, and Catholic University of Portugal in Lisbon and Porto. He served as Berkeley Law’s dean from 1982 to 1992.
From 1979 to 1998, Choper was one of the three major lecturers at U.S. Law Week’s Annual Constitutional Law Conference in Washington, D.C. He has delivered 20 titled lectures at major universities throughout the country, including the Cooley Lectures at Michigan, the Stevens Lecture at Cornell, the Baum Lecture at Illinois, and the Lockhart Lecture at Minnesota. He has served on the executive committee of the Association of American Law Schools, and on the executive council of the American Academy of Arts and Sciences (of which he was vice president for more than ten years). He was national president of the Order of the Coif and is a member of the American Law Institute. In 1998 he received the UC Berkeley Distinguished Teaching Award and the Rutter Award for Teaching Distinction at Berkeley Law in 2006. In 2005 the Berkeley Law Alumni Association presented Choper with the Faculty Lifetime Achievement Award and the University of Pennsylvania Law School gave him the James Wilson Award, its highest award for alumni.
Choper’s major publications include the books, Judicial Review and the National Political Process: A Functional Reconsideration of the Role of the Supreme Court, which received the Order of the Coif Triennial Book Award in 1982, and Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses. His recent publications include the thirteenth edition of his Constitutional Law casebooks; the eighth edition of his Corporations casebook; the second edition of The Supreme Court and Its Justices; “The Political Question Doctrine: Suggested Criteria,” in Duke Law Journal (2005); “Wartime Process: A Dialogue on Congressional Power to Remove Issues From the Federal Courts,” in California Law Review (2007) (co-author); and “Who’s Afraid of the Eleventh Amendment? The Limited Impact of the Court’s Sovereign Immunity Rulings,” in Columbia Law Review (2006) (co-author).
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
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.
Managing Director, Alvarez & Marsal Healthcare Industry Group
With prior service as Deputy General Counsel of the U.S. Department of Health and Human Services and as Executive Vice President and General Counsel of Tenet Healthcare, he brings more than 20 years of experience in addressing challenging healthcare issues in government and private industry.
Mr. Urbanowicz regularly advises boards of directors, senior management, investors and lenders of health care organizations facing significant regulatory, compliance, financial or operating challenges. His clients include healthcare providers, payors and suppliers.
Recent engagements include: serving as a federally-appointed hospital restructuring and safety monitor; compliance and operational improvements for publicly-traded and not-for-profit Medicare Advantage plans, Medicare Prescription Drug Plans (PDP) and Medicaid managed care companies; renegotiating of government debt for a major hospital system; restructuring advisory services to the Medicaid program of a large state; numerous internal and government investigations involving healthcare providers including: academic health systems, medical device companies, pharmaceutical manufacturers, long term care hospital companies, hospice providers, dental services companies and disease management companies.
Mr. Urbanowicz also serves on the board of directors of Maxim Healthcare Services, one of the nation’s largest home health services companies, and chairs the company’s compliance committee.
As Deputy General Counsel of HHS, from 2001 to 2003, Mr. Urbanowicz served as the senior legal adviser to the Secretary of Health and Human Services on significant federal healthcare policy issues including Medicare and Medicaid provider payment and fraud and abuse enforcement policy. He was part of the team that drafted the historic Medicare Prescription Drug Act of 2003.
During his tenure at Tenet, Mr. Urbanowicz was responsible for successfully resolving several major federal criminal investigations and civil lawsuits facing Tenet by the U.S. Department of Justice, the Securities and Exchange Commission, and the HHS Office of Inspector General. Prior to his government service, he was a partner in the law firm of Locke, Liddell & Sapp.
Mr. Urbanowicz earned a bachelor of arts’ degree and a Juris Doctor degree from Tulane University. He is admitted to the bars of the District of Columbia, the U.S. Supreme Court and the Louisiana Supreme Court, and is a member of the American Law Institute.
ObamaCare Litigation: Discussion, Analysis, and Prognosis
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Richard A. Epstein, Jesse H. Choper
The topic of the discussion between Professor Jesse Choper and myself is the Commerce Clause...
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Individual Health Care Insurance Mandate Debate
David B. Rivkin, Erwin Chemerinsky
Last Updated at 9 AM, Friday, November 6, 2009 This debate will focus on the following...
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Dennis G. Smith, Peter Urbanowicz
The Federalist Society takes no position on particular legal or public policy initiatives. Any expressions...