U.S. Court of Appeals, First Circuit
David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.
Judge, United States Court of Appeals, Ninth Circuit
Judge Carlos Bea serves as a judge on the United States Court of Appeals for the Ninth Circuit. He received his Bachelor's Degree from Stanford University in 1956 and his J.D. from Stanford Law School in 1958. Judge Bea was born in San Sebastian, Spain, and immigrated with his family to Cuba in 1939. In 1952, he represented Cuba on the Cuban National basketball team in the Helsinki Olympics. Judge Bea became a naturalized citizen of the United States in 1958. He engaged in private practice in San Francisco, principally in the area of civil trials (jury and non-jury), from 1959-75 at Dunne, Phelps & Mills and from 1975-90 at Carlos Bea, A Law Corporation. He taught courses in civil litigation advocacy at Hastings College of Law and Stanford Law School. From 1990 to 2003, Judge Bea served as a judge of the San Francisco Superior Court. He was nominated by President George W. Bush to the United States Court of Appeals for the Ninth Circuit and was confirmed in 2003.
Judge Bea and his wife Louise reside in San Francisco, where they raised their four sons, Sebastian, Alexander, Nicholas, and Dominic.
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.
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
President, The William and Flora Hewlett Foundation; Lecturer in, Stanford Law School
Larry Kramer joined Stanford Law School in 2004 as Richard E. Lang Professor of Law and Dean. As the school’s 12th dean, he has spearheaded significant educational reforms, including dramatically expanding joint degree programs as part of a multidisciplinary approach to legal studies, enlarging the clinical education program to promote reflective lawyering, revamping programs to foster a public service ethos, and building the international law program to support a growing emphasis on globalization in legal practice.
Dean Kramer has written and taught in such varied fields as constitutional law, conflict of laws, civil procedure, federalism and its history, and the role of courts in society. He is a fellow of the American Academy of Arts and Sciences and a member of the American Philosophical Society and the American Law Institute. In December 2008, Equal Justice Works named Dean Kramer to its Board of Directors. He has appointments (by courtesy) with the Stanford University Department of History and with the Graduate School of Business. Before joining the Stanford faculty, Dean Kramer served as Associate Dean for Research and Academics and Russell D. Niles Professor of Law at New York University School of Law; professor of law at the University of Chicago and University of Michigan law schools; and consultant for Mayer, Brown, Rowe & Maw LLP. Early in his career, Dean Kramer clerked for Justice William J. Brennan Jr. of the U.S. Supreme Court and Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit.
Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz Colleg, The Ohio State University
Professor Shane came to Ohio State in 2003 from Carnegie Mellon University's H. John Heinz III School of Public Policy and Management. He is an internationally recognized scholar in administrative law, with a specialty in separation of powers law, and has co-authored leading casebooks on each subject. He has served on the faculty at the University of Iowa College of Law and was dean at the University of Pittsburgh School of Law.
In addition to his outstanding law teaching and scholarship, Professor Shane has received a National Science Foundation grant for interdisciplinary study related to cyberspace and democracy. At Ohio State, he provides strong leadership in interdisciplinary scholarship and teaching.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Partner, McGuireWoods LLP
Andrew is a former Supreme Court clerk for Justice Sandra Day O’Connor and a former federal prosecutor with more than 25 years of experience in civil and criminal litigation. He represents clients in federal and state courts in complex civil litigation and in rulemaking and investigations before numerous federal and state agencies, including the Department of Justice, Environmental Protection Agency, Federal Trade Commission, Federal Election Commission, Federal Communications Commission and state attorneys general.
Professor from Practice, Georgetown University Law Center
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
U.S. Court of Appeals, First Circuit
David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.
Judge, United States Court of Appeals, Ninth Circuit
Judge Carlos Bea serves as a judge on the United States Court of Appeals for the Ninth Circuit. He received his Bachelor's Degree from Stanford University in 1956 and his J.D. from Stanford Law School in 1958. Judge Bea was born in San Sebastian, Spain, and immigrated with his family to Cuba in 1939. In 1952, he represented Cuba on the Cuban National basketball team in the Helsinki Olympics. Judge Bea became a naturalized citizen of the United States in 1958. He engaged in private practice in San Francisco, principally in the area of civil trials (jury and non-jury), from 1959-75 at Dunne, Phelps & Mills and from 1975-90 at Carlos Bea, A Law Corporation. He taught courses in civil litigation advocacy at Hastings College of Law and Stanford Law School. From 1990 to 2003, Judge Bea served as a judge of the San Francisco Superior Court. He was nominated by President George W. Bush to the United States Court of Appeals for the Ninth Circuit and was confirmed in 2003.
Judge Bea and his wife Louise reside in San Francisco, where they raised their four sons, Sebastian, Alexander, Nicholas, and Dominic.
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.
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
President, The William and Flora Hewlett Foundation; Lecturer in, Stanford Law School
Larry Kramer joined Stanford Law School in 2004 as Richard E. Lang Professor of Law and Dean. As the school’s 12th dean, he has spearheaded significant educational reforms, including dramatically expanding joint degree programs as part of a multidisciplinary approach to legal studies, enlarging the clinical education program to promote reflective lawyering, revamping programs to foster a public service ethos, and building the international law program to support a growing emphasis on globalization in legal practice.
Dean Kramer has written and taught in such varied fields as constitutional law, conflict of laws, civil procedure, federalism and its history, and the role of courts in society. He is a fellow of the American Academy of Arts and Sciences and a member of the American Philosophical Society and the American Law Institute. In December 2008, Equal Justice Works named Dean Kramer to its Board of Directors. He has appointments (by courtesy) with the Stanford University Department of History and with the Graduate School of Business. Before joining the Stanford faculty, Dean Kramer served as Associate Dean for Research and Academics and Russell D. Niles Professor of Law at New York University School of Law; professor of law at the University of Chicago and University of Michigan law schools; and consultant for Mayer, Brown, Rowe & Maw LLP. Early in his career, Dean Kramer clerked for Justice William J. Brennan Jr. of the U.S. Supreme Court and Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit.
Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz Colleg, The Ohio State University
Professor Shane came to Ohio State in 2003 from Carnegie Mellon University's H. John Heinz III School of Public Policy and Management. He is an internationally recognized scholar in administrative law, with a specialty in separation of powers law, and has co-authored leading casebooks on each subject. He has served on the faculty at the University of Iowa College of Law and was dean at the University of Pittsburgh School of Law.
In addition to his outstanding law teaching and scholarship, Professor Shane has received a National Science Foundation grant for interdisciplinary study related to cyberspace and democracy. At Ohio State, he provides strong leadership in interdisciplinary scholarship and teaching.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
U.S. Court of Appeals, First Circuit
David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.
Panel 1: The Rule of Law and the Administrative State
David Barron, Carlos T. Bea, Richard A. Epstein, Brett M. Kavanaugh, Larry Kramer, Michael Reynolds, Peter M. Shane, Ilan Wurman
The rule of law, whatever that term describes, is one of the central concepts in...
Panel 1: The Rule of Law and the Administrative State
2012 National Student Symposium
Stanford, CAThe Case for Local Constitutional Enforcement
The Fourth Amendment Goes to War
Robert J. Delahunty
Early one morning last March, I received a phone call from David Barron, who had...
Boumediene v. Bush
Bradford A. Berenson, Andrew G. McBride, Martin S. Lederman, Tim Lynch
Boumediene v. Bush arises on a writ of habeas corpus filed on behalf of Lakmar...