U.S. Court of Appeals, Ninth Circuit
Jay Scott Bybee is a federal judge on the United States Court of Appeals for the Ninth Circuit. He has published numerous articles in law journals and has taught in law school. His primary research interests are in constitutional and administrative law.
U.S. Court of Appeals for the D.C. Circuit (ret.) and former U.S. Senator
James L. Buckley was born in New York City in 1923, grew up in rural Connecticut, and received his B.A. degree from Yale. Following service as a naval officer in World War II, he returned to New Haven to secure his law degree. After several years in private practice, he joined a group of small companies engaged in oil exploration abroad. He was elected to the United States Senate in 1970 as the candidate of New York's Conservative Party. He failed of re-election; but he has since served as an under secretary of state in the Reagan administration, as president of Radio Free Europe/Radio Liberty in Munich, Germany, and, most recently, as a judge on the U.S. Court of Appeals for the District of Columbia Circuit. He retired in 2000 and now resides in Bethesda, Maryland.
Lecturer in Law, University of Chicago Law School
Robert Gasaway is a Lecturer in Law at the University of Chicago Law School. He was formerly a Partner at Kirkland & Ellis LLP in their Washington office. He has represented and advised corporate clients on a wide variety of matters before federal courts, state courts, federal administrative agencies, and federal and state legislative bodies. Mr. Gasaway focuses his practice on appellate litigation, representing clients in the preparation of integrated, multiforum trial and appellate strategies in high-risk sets of related cases.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Senior Attorney, Pacific Legal Foundation
Brian Hodges is a Senior Attorney at PLF’s Pacific Northwest office in Bellevue, Washington. Brian focuses his practice on defending of the right of individuals to make reasonable use of their property, free of unnecessary and oppressive regulations.
In 2013, Brian second-chaired Koontz v. St. Johns River Water Management District before the U.S. Supreme Court, a case that placed constitutional limits on the government’s common practice of demanding that landowners fund unrelated public projects in exchange for a permit approval. And in the 2008 case, Citizens’ Alliance for Property Rights v. Sims, Brian successfully challenged a Seattle-area ordinance that required all rural property owners to dedicate at least half their land as conservation areas as a mandatory condition of any new development without any showing that rural development would impact the environment.
Brian graduated from Seattle University of Law in 2001 with honors. After which, he served as a judicial clerk at the Washington State Court of Appeals, then entered private practice where he focused on appellate advocacy for several years before joining PLF in 2006.
Brian came to the liberty movement by an uncommon route: the arts. Brian played guitar and keyboards in several Seattle-area bands before eventually studying music composition and literature at the University of Washington—earning two Bachelor’s Degrees and a Master of Arts. Through that experience, he came to firmly believe that the goal of art—indeed, the goal of any creative ambition—is to maximize individual freedom and expression, tempered by personal responsibility and ownership, rather than outside oversight or arbitrary restriction. Carrying that philosophy into law school naturally led him to fight for individual rights.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Inez Milholland Professor of Civil Liberties, New York University School of Law
Burt Neuborne is the Inez Milholland Professor of Civil Liberties and founding Legal Director of the Brennan Center for Justice at NYU Law School. For 45 years, he has been one of the nation's foremost civil liberties lawyers, serving as National Legal Director of the ACLU from 1981-86, Special Counsel to the NOW Legal Defense and Education Fund from 1990-1996, and as a member of the New York City Human Rights Commission from 1988-1992. He has argued numerous Supreme Court cases, and has litigated literally hundreds of important constitutional cases in the state and federal courts. He challenged the constitutionality of the Vietnam War, pioneered the flag burning cases, worked on the Pentagon Papers case, worked with Justice Ruth Bader Ginsburg when she headed the ACLU Women's Rights Project, anchored the ACLU's legal program during the Reagan years, and defended the Legal Services program against unconstitutional attacks. He currently directs the legal program of the Brennan Center, especially its efforts to reinforce American democracy and secure campaign finance reform. The Brennan Center was established in 1994 to honor Justice William Brennan, Jr.’s monumental contribution to American Law.
At the same time, Professor Neuborne has forged a national reputation as a constitutional scholar and teacher. In 1990, he was the recipient of the University-wide Distinguished Teacher Award at New York University for his work in teaching Civil Procedure, Evidence, Federal Courts and Constitutional Law. He is the author of three books and over 20 law review articles on diverse areas of constitutional law and procedure. Among his best known scholarly works is the two-volume Political and Civil Rights in the United States, which he co-authored with NYU colleagues Norman Dorsen and Sylvia Law and the Deputy Solicitor General of the United States, Paul Bender. His 1992 lectures on American law at Universitat Pompeu Fabra in Barcelona have been translated and published in Spanish. In 2001, in recognition of his scholarship and his work in the courts, Professor Neuborne was elected to membership in the American Academy of Arts and Sciences.
In 1996, Professor Neuborne appeared as Jerry Falwell's lawyer in Milos Forman's The People v. Larry Flynt.
For the past 14 years, Professor Neuborne has served as a principal counsel in a series of lawsuits seeking to recover property unjustly taken from Holocaust victims by Swiss banks and German corporations during the Nazi era. The litigation has succeeded in assembling more than $8.5 billion for distribution to Holocaust victims and their families throughout the world. Professor Neuborne was appointed by the Court to oversee the $1.25 Swiss bank settlement, and was appointed by the United States to serve on the Board of Trustees of the German Foundation “Remembrance, Responsibility and Future,” established to distribute the $5.2 billion settlement in the German slave labor litigation.
Professor Neuborne is married to Helen Redleaf Neuborne.
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.
Executive Director, Ohio Dental Association
David J. Owsiany is the executive director of the Ohio Dental Association and a past president of the Columbus Lawyers Chapter of the Federalist Society.
He has served as CEO of a statewide health care association, president of the Buckeye Institute, chief of policy for the Ohio Department of Insurance, judicial law clerk for the Illinois Appellate Court, and staffer on the United State Senate Judiciary Committee.
Mr. Owsiany has written dozens of articles on legal and public policy issues for various publications, including the University of Toledo Law Review, the Federalist Society's State Court Docket Watch, Columbus Dispatch, Cincinnati Enquirer, Crain’s Cleveland Business, and Akron Beacon Journal.
Owsiany received his J.D. from Washington University School of Law in St. Louis and B.A. from the University of Michigan in Ann Arbor.
Assistant Professor of Law, Emory University School of Law
Alexander "Sasha" Volokh is an assistant professor of law, joining the Emory Law faculty in Fall 2009.
Professor Volokh earned his B.S. from UCLA and his J.D. and Ph.D. in economics from Harvard University. He clerked for Judge Alex Kozinski of the Ninth Circuit and for Supreme Court Justices Sandra Day O'Connor and Samuel Alito. Before coming to Emory, he was a visiting associate professor at Georgetown University Law Center and a visiting assistant professor at University of Houston Law Center.
His interests include law and economics, administrative law and the regulatory process, environmental law and policy, and legal history. His current research topics include the private management of government services, medieval law, judicial decisionmaking and statutory interpretation.
Associate, Clark & Sauer, LLC
Ms. Weinberg is an associate attorney with Clark Law Firm, LLC in St. Louis, Missouri, concentrating in complex commercial litigation and state constitutional litigation.
Judge, United States District Court, Eastern District of Missouri
Stephen R. Clark the chief United States district judge for the Eastern District of Missouri. He was appointed to the bench by President Trump in 2018 and became the chief judge in 2022. Prior to serving on the court, Judge Clark was the founder and managing partner of the Runnymede Law Group in St. Louis, Missouri, from 2008 to 2019. He also served as the president of the Federalist Society’s St. Louis Lawyers Chapter.
Managing Attorney of the Washington Office, Institute for Justice
William R. Maurer is the Managing Attorney of the Washington state office of the Institute for Justice, which engages in litigation in the areas of economic liberty, private property rights, educational choice, & freedom of speech.
Maurer is an advocate against the criminalization of poverty and the governmental use of the criminal and civil enforcement systems to raise revenue. He was lead counsel in a class action challenging the use of tickets to raise revenue in the city of Pagedale, Missouri. The suit resulted in a federal consent decree that reformed the city’s ticketing and municipal court system. He regularly speaks, teaches, and writes about the abuse of fines and fees in the criminal justice system. He was a participant in summits on taxation by citation put on by the White House and Department of Justice during the Obama Administration. His work on the issue includes serving as an advisory board member of the Fines and Fees Justice Center.
In addition to his work on criminal and civil justice reform, Maurer is a First Amendment litigator. In 2011, he successfully argued before the U.S. Supreme Court that Arizona’s punitive campaign financing regime was unconstitutional. Before the Washington Supreme Court, he successfully argued against efforts to classify radio commentary as a contribution under the state’s campaign finance law.
His cases and advocacy have been covered in the Washington Post, the New York Times, the Economist, the Wall Street Journal, and other major media outlets.
Maurer was named a “Washington Superlawyer” by Washington Law & Politics Magazine for several years. He is a chapter author in numerous legal reference works and has written several articles for law reviews and legal publications across the country.
Prior to joining IJ-WA, Maurer clerked for Washington Supreme Court Justice Richard Sanders and then practiced law at Perkins Coie LLP. Maurer received his law degree in 1994 from the University of Wisconsin – Madison, where he was an editor of the Wisconsin Law Review. He received his BA from Bard College in 1989.
A Constitution We are Confounding: Some Observations on the Constitution as Written and the Constitution as Taught
Saving Congress from Itself: Emancipating the States and Empowering Their People
TeleforumRe-Writing the Constitution? The Plan to Call an Article V Convention of States
Constitutionally Limited Government and the Need for Judicial Engagement
Richmond, VirginiaRegulatory exactions! Linkage fees! Development charges! - Oh my!!
Seattle, WashingtonDid Congress Really Give the Secretary of Homeland Security Unfettered Discretion Back in 1986 to Confer Legal Immigrant Status on Whomever He Wishes?
John C. Eastman
Note from the Editor: This article is about the executive action on immigration announced by...
North Carolina Board of Dental Examiners v. Federal Trade Commission
David J. Owsiany, Alexander Volokh
Note from the Editor: The Federalist Society is pleased to present two different perspectives on the North...
Missouri Supreme Court Unanimously Declares Cap on Punitive Damages Unconstitutional
Kristin Weinberg, Stephen R. Clark
In Lewellen v. Franklin (Lewellen),1 the Missouri Supreme Court unanimously held that a mandatory cap...
Should Judges Judge?: The Affordable Care Act, Subsidies, and Judicial Engagement
William R. Maurer
Note from the Editor: This article is about D.C. Circuit’s decision in Halbig v. Burwell...
The Constitution's Religion Clauses