Associate Justice, United States Supreme Court
Antonin Scalia, Associate Justice, was born in Trenton, New Jersey, March 11, 1936. He married Maureen McCarthy and has nine children- Ann Forrest, Eugene, John Francis, Catherine Elisabeth, Mary Clare, Paul David, Matthew, Christopher James, and Margaret Jane. He received his A.B. from Georgetown University and the University of Fribourg, Switzerland, and his LL.B. from Harvard Law School, and was a Sheldon Fellow of Harvard University from 1960-1961. He was in private practice in Cleveland, Ohio from 1961-1967, a Professor of Law at the University of Virginia from 1967-1971, and a Professor of Law at the University of Chicago from 1977-1982, and a Visiting Professor of Law at Georgetown University and Stanford University. He was chairman of the American Bar Association's Section of Administrative Law, 1981-1982, and its Conference of Section Chairmen, 1982-1983. He served the federal government as General Counsel of the Office of Telecommunications Policy from 1971-1972, Chairman of the Administrative Conference of the United States from 1972-1974, and Assistant Attorney General for the Office of Legal Counsel from 1974-1977. He was appointed Judge of the United States Court of Appeals for the District of Columbia Circuit in 1982. President Reagan nominated him as an Associate Justice of the Supreme Court, and he took his seat September 26, 1986.
Partner, Oliver Wyman
Douglas Elliott is a Partner at Oliver Wyman in New York, where he focuses on financial regulation and associated public policy issues and their implications for the financial sector.
He analyzes a wide range of issues and has published papers on such diverse topics as “Financial Institutions in an Age of Populism,” “Data Rights in Finance,” and “Tackling Global Market Fragmentation in Banking.” He has also written extensively on the impacts of capital and liquidity requirements, including a 150-page literature review in 2016, which followed on an earlier study for the IMF. Recently he addressed the finance ministers and central bank governors of the 28 EU member states on the topic of “Rebooting Capital Markets Union.”
Prior to joining the firm, he was a Fellow in Economic Studies at The Brookings Institution, generally ranked as the world’s top think tank. He primarily analyzed financial institutions and markets and their regulation, along with extensive analysis of the Euro Crisis. He has twice been a Visiting Scholar at the International Monetary Fund. Mr. Elliott also worked as a consultant for the IMF, the World Bank, and the Asian Development Bank. Prior to Brookings, he was a financial institutions investment banker for two decades, principally at J.P. Morgan.
He has testified multiple times before both houses of Congress and participated in numerous speaking engagements, as well as appearing widely in the major media outlets. The New York Times has described his analyses as “refreshingly understandable” and “without a hint of dogma or advocacy.”
Mr. Elliott graduated from Harvard College magna cum laude with an A.B. in Sociology in 1981. In 1984, he graduated from Duke University with an M.A. in Computer Science.
Principal, Ely & Company, Inc.
Bert Ely has specialized in deposit insurance and banking structure issues since 1981. In 1986, he became an early predictor of the S&L crisis and a taxpayer bailout of the FSLIC. In 1991, he was the first person to correctly predict the non-crisis in commercial banking; in 1992, he predicted an eventual taxpayer bailout of the Japanese banking system.
Bert continuously monitors conditions in the banking and S&L industries, monetary policy, and the growing federalization of credit risk. He has helped to draft legislation to enact the cross-guarantee concept for privatizing banking regulation and its related deposit insurance and systemic risks. He has testified on numerous occasions before congressional committees on banking issues and he often speaks on these matters to bankers and others.
Bert first established his consulting practice in 1972. Before that, he was the chief financial officer of a public company, a consultant with Touche, Ross & Company, and an auditor with Ernst & Ernst. He received his MBA from the Harvard Business School in 1968 and his Bachelor's degree in economics in 1964 from Case Western Reserve University.
Former General Counsel of the U.S. Immigration and Naturalization, Former United States Ambassador to East Timor
Grover Joseph Rees, a native and resident of Louisiana, served as the first United States Ambassador to East Timor from 2002 to 2006.
From October 2006 until January 2009 Ambassador Rees served as Special Representative for Social Issues in the U.S. Department of State. He was responsible for promoting human dignity, including issues affecting vulnerable persons and the family, within the United Nations system. He served as Acting U.S. Representative to the United Nations Economic and Social Counsel during the fall 2007 session of the UN General Assembly and also served as Deputy Assistant Secretary for International Organizations.
From 1995 until 2002 Rees was a senior staff member on the Foreign Affairs Committee in the United States House of Representatives, where he was responsible for human rights and refugee protection and played a major role in the drafting and enactment of important human rights legislation including the Trafficking Victims Protection Act, the International Religious Freedom Act, and the Torture Victims Relief Act.
Ambassador Rees also formerly served as General Counsel of the United States Immigration and Naturalization Service (1991-93), as Chief Justice of the High Court of American Samoa (1986-1991), and as Special Counsel to the Attorney General of the United States (1985-86).
Prior to his work in Washington, Rees served for seven years as a law professor at the University of Texas. He has written and spoken widely on international law, human rights, refugees, and related issues.
Rees obtained his undergraduate degree from Yale University and his law degree from Louisiana State University Law School, where he served as Editor in Chief of the Louisiana Law Review and was selected for the academic honor society Order of the Coif.
Rees was born in New Orleans, the oldest of 12 children. He is married to Lan Dai Nguyen Rees and has one son. He retired from government service in January 2009 and now lives and works in Lafayette, Louisiana.
In addition to English, Ambassador Rees speaks French, Spanish, Portuguese, Samoan, and Tetum.
Maurice A. Deane Distinguished Professor of Constitutional Law and Faculty Director of International Programs, Hofstra University School of Law
Professor Ku’s primary research interest is the relationship of international law to constitutional law. He has also conducted academic research on a wide range of topics including international dispute resolution, international criminal law, and China’s relationship with international law. He teaches courses such as U.S. constitutional law, U.S. foreign affairs law, transnational law, and international trade and business law. Since 2014, he has served as the faculty director of international programs, overseeing Hofstra Law’s study abroad, exchange and LL.M. programs. Professor Ku also teaches Constitutional Law in our online degree programs: Master of Laws in American Law and Master of Arts in American Legal Studies. He has also been selected as the John DeWitt Gregory Research Scholar and as a Hofstra Law Research Fellow. He is a member of the American Law Institute.
He is the co-author, with John Yoo, of Taming Globalization: International Law, the U.S. Constitution, and the New World Order (Oxford University Press 2012). He also has published more than 40 law review articles, book chapters and symposia essays. He has given dozens of academic lectures and workshops at major universities and conferences in the United States, Europe and Asia.
He co-founded the leading international law weblog Opinio Juris, which is read daily by thousands worldwide. His essays and op-eds have been published in major news publications such as the Wall Street Journal, the Los Angeles Times, and the NYTimes.com. He has been frequently interviewed for television news programs and quoted in print and electronic media. He has also signed or submitted amicus briefs to national and international courts and served as an expert witness in both domestic and international proceedings.
Before joining the Hofstra Law faculty, Professor Ku served as a law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and as an Olin Fellow and Lecturer in Law at the University of Virginia Law School. Professor Ku also practiced as an associate at the New York City law firm of Debevoise & Plimpton, specializing in litigation and arbitration arising out of international disputes. He has been a visiting professor at the College of William & Mary Marshall- Wythe School of Law in Williamsburg, Virginia; a Fulbright Distinguished Lecturer in Law at East China University of Political Science and Law in Shanghai, China; and a Taiwan Fellow at National Taiwan University in Taipei, Taiwan. He is a member of the New York Bar and a graduate of Yale College and Yale Law School.
Charles R. Weiner Professor of Law, Temple University Beasley School of Law
Peter J. Spiro holds the Charles Weiner Chair in international law. Before joining Temple’s faculty in 2006, Professor Spiro was Rusk Professor of Law at the University of Georgia Law School. A former law clerk to Justice David H. Souter of the U.S. Supreme Court, Spiro specializes in international, immigration, and constitutional law. Spiro is the author of Beyond Citizenship: American Identity After Globalization (Oxford University Press 2008) and At Home in Two Countries: The Past and Future of Dual Citizenship (NYU Press 2016). He has contributed commentary to such publications as The New York Times, Foreign Affairs, The Wall Street Journal, and The New Republic, and is frequently quoted in the media on international and immigration law issues.
Spiro has held fellowships at the European University Institute, the Council on Foreign Relations, and the Open Society Institute. He has also held visiting appointments at the University of Texas, the Australian National University, and Sungkyunkwan University. Spiro is a member of the International Mobility Treaty Commission and the Investment Migration Council, and a former member of the U.S. Department of State’s Historical Advisory Committee. He is co-chair of the Migration Law Interest Group of the American Society of International Law. Spiro serves as U.S. country expert for the European University Institute’s Citizenship Observatory. In July 2011, he testified before the Senate Foreign Relations Committee on the application of the War Powers Act to U.S. participation in NATO operations in Libya. In 2007 and 2016 surveys, Professor Spiro ranked in the top 25 nationally among international law scholars on the basis of academic citation frequency.
In addition to his 1990-91 Supreme Court clerkship, Spiro served as a law clerk to Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit. He has also served as director for democracy on the staff of the National Security Council, as an attorney-adviser in the U.S. Department of State’s Office of the Legal Adviser and as a resident associate at the Carnegie Endowment for International Peace. Spiro holds a B.A. from Harvard College and a J.D. from the University of Virginia School of Law.
Senior Political Analyst, Washington Examiner
Michael Barone is a Senior Political Analyst for the Washington Examiner, where he writes a twice-weekly column and contributes to their Beltway Confidential blog. He is also a frequent contributor during Fox News Channel's election coverage.
Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law; Director, Election Law @ Moritz, Ohio State University Moritz College of Law
Professor Foley (known as “Ned”) directs Election Law @ Moritz at Ohio State’s law school, where he also holds the Ebersold Chair in Constitutional Law.
His book Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press, 2016) was named Finalist for the David J. Langum, Sr. Prize in American Legal History and listed as one of 100 “must-read books about law and social justice”.
He has completed a new book manuscript, Presidential Elections and Majority Rule (to be published by Oxford University Press), which employs historical analysis to offer a feasible reform of state laws that would enable the Electoral College to operate as intended and thereby avoid the election of presidents who lack majority support among the voters in the states responsible for their Electoral College victories.
As Reporter for the American Law Institute’s Project on Election Administration (with his Mortiz colleague Steven Huefner, who served as Associate Reporter), Professor Foley drafted Principles of Law: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, which provides nonpartisan guidance for the resolution of election disputes.
During his fellowship at Stanford University’s Center on Democracy, Development, and the Rule of Law, Foley wrote Due Process, Fair Play and Excessive Partisanship: A New Principle of Judicial Review of Election Law, 84 U. Chicago Law Review 655-758 (2017), which was cited in briefs in Gill v. Whitford and Benisek v. Lamone (the Supreme Court gerrymandering cases). His extensive online commentary about gerrymandering includes: Wechsler, History, and Gerrymandering, Scotusblog, and Constitutional Preservation, the Marbury Duty & Congressional Gerrymanders, Election Law Blog.
While Professor Foley has special expertise on recounts and other procedures for fairly and accurately identifying which candidate is the winner in close elections, he has written widely on all aspects of election law, including the need for nonpartisan institutions in election administration. He has also co-authored Election Law and Litigation: The Judicial Regulation of Politics (Wolters Kluwer 2014).
Professor Foley has taught at Ohio State since 1991. Previously, he clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals and Justice Harry Blackmun of the United States Supreme Court. In 1999, he took a leave from the faculty to serve as the state solicitor in the office of Ohio’s Attorney General. In that capacity, he was responsible for the state’s appellate and constitutional cases.
Professor Foley is a graduate of Columbia University School of Law and Yale College.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
President, North Star Opinion Research
Dr. Whit Ayres is the President of North Star Opinion Research, formerly Ayres, McHenry, & Associates Inc. Prior to establishing the firm, Ayres served as Senior Executive Assistant for Budget and Policy to Governor Carroll Campbell in South Carolina. He also served as a tenured member of the political science faculty at the University of South Carolina.
Ayres is the Co-Founder of Resurgent Republic with former Republican National Committee Chairman Ed Gillespie. Resurgent Republic develops and disseminates creative conservative messages for the 21st century. The organization conducts periodic surveys and focus groups, and releases the results to the public through its Web site, www.resurgentrepublic.com. He also is the Chairman of the American Association of Political Consultants, (www.theaapc.org), a bi-partisan national organization that promotes the political consulting industry, protects political freedom of speech, and fosters ethical behavior in political campaigns.
Known for his expertise and sharp strategic insight, Ayres is a guest periodically on Fox News, CNN, and National Public Radio. His comments and analysis appear in The Wall Street Journal, The New York Times, The Washington Post, The Los Angeles Times, USA Today, and numerous regional newspapers.
He graduated from Davidson College in Davidson, North Carolina, with a major in political science, and received an M.A. and Ph.D. in political science from the University of North Carolina at Chapel Hill.
Ayres is an active private pilot, flying his Beechcraft Baron throughout the eastern U.S., and he is a member of the Aircraft Owners and Pilots Association. He is also the Virginia State Racquetball champion in his age division.
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
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Testimony on the "Democracy Restoration Act"
Roger B. Clegg
Note from the Editor: This paper is based on testimony given by the author before...
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Whit Ayres, George J. Terwilliger, Dean Reuter
Over the last thirty years, the number of federal criminal laws has increased by one-third....
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