Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Distinguished Professor of Law, Widener University Delaware Law School
James R. May is Distinguished Professor of Law, and Chief Sustainability Officer, Widener University (USA). He also serves as co-Director of the Environmental Rights Institute and co-Director of the Dignity Rights Project at Widener University Delaware Law School. May is also an Adjunct Professor of Graduate Engineering, and founded and co-chairs a program on marine policy. May is the editor of Principles of Constitutional Environmental Law (American Bar Association), and co-editor of Shale Gas and the Future of Energy (Edward Elgar), Global Environmental Constitutionalism (Cambridge), Environmental Constitutionalism in Context (Edward Elgar), New Frontiers in Environmental Constitutionalism (United National Environment Programme, forthcoming), Implementing Environmental Constitutionalism(Cambridge, forthcoming), Standards of Environmental Constitutionalism (Cambridge, forthcoming), and Human Rights and the Environment: Indivisibility, Dignity and Legality (Edward Elgar, forthcoming). May is also author or co-author of more than 100 articles and book chapters, and numerous amicus briefs to the U.S. Supreme Court and U.S. federal courts of appeal on issues including environmental law, constitutional law, comparative constitutional, international environmental law, environmental rights, and human dignity.
May founded two non-profit environmental organizations (the Mid-Atlantic and the Eastern Environmental Law Centers), and has litigated more than 200 public interest environmental claims, including cases throughout the Mid-Atlantic to restore water and air quality, conserve rare species and habitats, and protect biodiversity.
May is a Member of Faculty to the National Judicial College, and a Fellow of the American College of Environmental Lawyers, for whom he has served as a delegate to Haiti and China. May has also served as a consultant to the U.S. Embassy on legal education in the Philippines, and to the Hungarian Embassy and the Moroccan Human Rights Council on constitutional reform. May is a member of Phi Kappa Phi, serves on numerous boards, and has won numerous awards, including from Pace University, Sierra Club, and the American Canoe Association. He earned his B.S. in Mechanical Engineering from the University of Kansas (Bowman Scholar), J.D. from the University of Kansas (Appellate Advocacy Scholar and national moot court champion), and LL.M. in Environmental Law from Pace University, where he was the Feldshuh Fellow and graduated first in class.
May is a member of the bar in the State of Pennsylvania, several federal courts of appeal, and the U.S. Supreme Court.
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.
Wallace Stevens Professor of Law, University of Connecticut School of Law
Professor Bethany Berger is a widely read scholar of Property Law and Legal History and one of the leading federal Indian Law scholars in the country. She is a co-author and member of the Editorial Board of Felix S. Cohen's Handbook of Federal Indian Law, the foundational treatise in the field, and co-author of leading casebooks in both Property Law and American Indian Law. Her articles have appeared in the Michigan Law Review, California Law Review, UCLA Law Review, and the Duke Law Journal, among other publications, and have been excerpted and discussed in many casebooks and edited collections as well as in briefs to the Supreme Court and testimony before Congress.
Professor Berger graduated with honors from Wesleyan University, where she was elected to phi beta kappa, and from Yale Law School. After law school, Professor Berger went to the Navajo and Hopi Nations to serve as the Director of the Native American Youth Law Project of DNA-People's Legal Services. There, she conducted litigation challenging discrimination against Indian children, drafted and secured the passage of tribal laws affecting children, and helped to create a Navajo alternative to detention program. She then became Managing Attorney of Advocates for Children of New York, where she worked on impact litigation and policy reform concerning the rights of children in public education.
At the University of Connecticut School of Law, Professor Berger teaches American Indian Law, Property, Tribal Law, and Conflict of Laws. She is also the Wallace Stevens Professor of Law, a chair named for one of America’s greatest poets, a lawyer who lived and worked in Hartford for most of his life. She has served as a judge for the Southwest Intertribal Court of Appeals and as a visiting professor at Harvard Law School and the University of Michigan Law School.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Wallace Stevens Professor of Law, University of Connecticut School of Law
Professor Bethany Berger is a widely read scholar of Property Law and Legal History and one of the leading federal Indian Law scholars in the country. She is a co-author and member of the Editorial Board of Felix S. Cohen's Handbook of Federal Indian Law, the foundational treatise in the field, and co-author of leading casebooks in both Property Law and American Indian Law. Her articles have appeared in the Michigan Law Review, California Law Review, UCLA Law Review, and the Duke Law Journal, among other publications, and have been excerpted and discussed in many casebooks and edited collections as well as in briefs to the Supreme Court and testimony before Congress.
Professor Berger graduated with honors from Wesleyan University, where she was elected to phi beta kappa, and from Yale Law School. After law school, Professor Berger went to the Navajo and Hopi Nations to serve as the Director of the Native American Youth Law Project of DNA-People's Legal Services. There, she conducted litigation challenging discrimination against Indian children, drafted and secured the passage of tribal laws affecting children, and helped to create a Navajo alternative to detention program. She then became Managing Attorney of Advocates for Children of New York, where she worked on impact litigation and policy reform concerning the rights of children in public education.
At the University of Connecticut School of Law, Professor Berger teaches American Indian Law, Property, Tribal Law, and Conflict of Laws. She is also the Wallace Stevens Professor of Law, a chair named for one of America’s greatest poets, a lawyer who lived and worked in Hartford for most of his life. She has served as a judge for the Southwest Intertribal Court of Appeals and as a visiting professor at Harvard Law School and the University of Michigan Law School.
Wallace Stevens Professor of Law, University of Connecticut School of Law
Professor Bethany Berger is a widely read scholar of Property Law and Legal History and one of the leading federal Indian Law scholars in the country. She is a co-author and member of the Editorial Board of Felix S. Cohen's Handbook of Federal Indian Law, the foundational treatise in the field, and co-author of leading casebooks in both Property Law and American Indian Law. Her articles have appeared in the Michigan Law Review, California Law Review, UCLA Law Review, and the Duke Law Journal, among other publications, and have been excerpted and discussed in many casebooks and edited collections as well as in briefs to the Supreme Court and testimony before Congress.
Professor Berger graduated with honors from Wesleyan University, where she was elected to phi beta kappa, and from Yale Law School. After law school, Professor Berger went to the Navajo and Hopi Nations to serve as the Director of the Native American Youth Law Project of DNA-People's Legal Services. There, she conducted litigation challenging discrimination against Indian children, drafted and secured the passage of tribal laws affecting children, and helped to create a Navajo alternative to detention program. She then became Managing Attorney of Advocates for Children of New York, where she worked on impact litigation and policy reform concerning the rights of children in public education.
At the University of Connecticut School of Law, Professor Berger teaches American Indian Law, Property, Tribal Law, and Conflict of Laws. She is also the Wallace Stevens Professor of Law, a chair named for one of America’s greatest poets, a lawyer who lived and worked in Hartford for most of his life. She has served as a judge for the Southwest Intertribal Court of Appeals and as a visiting professor at Harvard Law School and the University of Michigan Law School.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Litigation Update: Juliana v. United States
TeleforumDeep Dive Episode 59 – Cedar Point Nursery v. Shiroma
Bethany Berger
On May 8, 2019, the Ninth Circuit issued a 2-1 decision in Cedar Point Nursery...
Litigation Update: Cedar Point Nursery v. Shiroma
Bethany Berger
On May 8, 2019, the Ninth Circuit issued a 2-1 decision in Cedar Point Nursery...
Litigation Update: Cedar Point Nursery v. Shiroma
TeleforumTopics
Security Clearances - Executive Discretion or Executive Overreach?
The Framers understood Congress could not be trusted to keep secrets, and entrusted (as John...
Does Legalizing Uber and Lyft "Take" The Property Of Taxi Companies?
Ilya Somin
Over the last few years, taxi companies in several cities have brought lawsuits claiming that...
Does Legalizing Uber and Lyft "Take" The Property Of Taxi Companies?
TeleforumTopics
Argument Spotlight: Return Mail v. USPS
On February 20, 2019 the Supreme Court heard yet another case stemming from the...
Topics
USTelecom and its Aftermath
In a recent law review article published in the Federal Communications Law Journal entitled USTelecom...
Topics
Defending Substantive Due Process on Originalist Grounds
Evan Bernick and Randy Barnett have written a wonderful paper called “No Arbitrary Power: an...