Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Chancellor's Professor of Law and Political Science, University of California, Irvine School of Law
Professor Richard L. Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. Hasen is a nationally recognized expert in election law and campaign finance regulation, and is co-author of a leading casebook on election law.
From 2001-2010, he served (with Dan Lowenstein) as founding co-editor of the quarterly peer-reviewed publication, Election Law Journal. He is the author of over 100 articles on election law issues, published in numerous journals including the Harvard Law Review, Stanford Law Review and Supreme Court Review. He was elected to The American Law Institute in 2009 and served as an Adviser on ALI’s law reform project, Principles of Election Law: Resolution of Election Disputes.
Professor Hasen was named one of the 100 most influential lawyers in America by The National Law Journal in 2013, and one of the Top 100 Lawyers in California in 2005 and 2016 by the Los Angeles and San Francisco Daily Journal.
His op-eds and commentaries have appeared in many publications, including The New York Times, The Washington Post, Politico, and Slate. Hasen also writes the often-quoted Election Law Blog, which the ABA Journal named to its “Blawg 100 Hall of Fame” in 2015. His newest book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, will be published in 2018 by Yale University Press.
Professor Hasen holds a B.A. degree (with highest honors) from UC Berkeley, and a J.D., M.A., and Ph.D. (Political Science) from UCLA. After law school, Hasen clerked for the Honorable David R. Thompson of the United States Court of Appeals for the Ninth Circuit, and then worked as a civil appellate lawyer at the Encino firm Horvitz and Levy.
From 1994-1997, Hasen taught at the Chicago-Kent College of Law and from 1998-2011 he taught at Loyola Law School, Los Angeles, where he was named the William H. Hannon Distinguished Professor of Law in 2005. He joined the UC Irvine School of Law faculty in July 2011, and is a faculty member of the UC Irvine Jack W. Peltason Center for the Study of Democracy.
Senior Attorney, DC, Pacific Legal Foundation
Steve Simpson joined PLF in 2019 to head up its Separation of Powers practice group.
Steve’s career in public interest law started at the Institute for Justice in 2001, where he litigated free speech, campaign finance, and economic liberty cases. Among other high-profile cases in which Steve was involved, he was co-counsel in Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, IJ’s successful Supreme Court challenge to Arizona’s public financing law for political campaigns. He was the lead litigator in SpeechNow.org v. FEC, a joint effort between IJ and the Institute for Free Speech that led to the creation of super PACs. And he was co-counsel in Swedenburg v. Kelly, IJ’s successful Supreme Court challenge to New York’s ban on the interstate shipping of wine.
In 2013, Steve moved into the policy arena as the Ayn Rand Institute’s director of Legal Studies, where he spent five years writing and speaking on a wide variety of legal and cultural issues. From there, he moved back into law as senior litigation counsel at the New Civil Liberties Alliance in Washington, D.C.
Steve has spoken and written on a wide variety of legal and policy issues. He has testified in Congress and briefed congressional staffers. He has been interviewed on scores of television and radio programs, including PBS News Hour, Stossel, and The Rubin Report. His writings have appeared in many publications, including The Wall Street Journal and The Washington Post. In 2014, Steve was a Lincoln Fellow at the Claremont Institute. He is the editor of Defending Free Speech (ARI Press, 2016).
Steve earned his law degree magna cum laude from New York Law School in 1994. Following law school, he clerked for a federal district judge in the Southern District of Florida and spent several years as a litigator at Shearman & Sterling.
When he’s not at work or spending time with his wife and three daughters, Steve can usually be found mucking around in the woods at his cabin on Shenandoah Mountain.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Litigation Associate, Winston & Strawn LLP
Jacob R. Loshin is a litigation associate in Winston & Strawn's Washington, D.C. office and a member of the firm’s nationwide appellate and critical motions practice.
Before joining Winston & Strawn, Mr. Loshin served as a law clerk to the Hon. Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. He has also worked in business strategy and development for an education technology company.
While at Yale Law School, Mr. Loshin was senior editor of the Yale Law Journal and editor-in-chief of the Yale Journal on Regulation.
B.A., magna cum laude, in Philosophy, Politics, and Economics, Claremont McKenna College
J.D., Yale Law School
Chief Legal Officer & General Counsel, Americans United for Life
Steven H. Aden serves as Chief Legal Officer & General Counsel at Americans United for Life. Aden joined Americans United for Life in August 2017, overseeing all legal operations of America’s most effective pro-life organization. Aden is a highly experienced litigator, having appeared in court against Planned Parenthood and the abortion industry dozens of times and appointed by the attorneys general of six states to defend prolife laws. Mr. Aden secured court victories that upheld an Arizona law that resulted in six abortion businesses ceasing to offer abortion, applied Missouri’s abortion laws to chemical abortion and upheld the right of Louisiana regulators to shut down dangerous abortion facilities. A prolific author and analyst on sanctity of life issues and constitutional jurisprudence, Aden is admitted to the bars of the District of Columbia, Virginia, and Hawaii (inactive), and is a member of the bars of the U.S. Supreme Court and numerous federal circuit and district courts. He has practiced law since 1990 and earned his J.D. (cum laude) from Georgetown University Law Center and his B.A. from the University of Hawaii.
Jacob D. Fuchsberg Professor of Law, New York University School of Law
Professor Friedman is one of the country’s leading authorities on constitutional law and the federal courts. He is a prolific scholar, working at the intersections of law, politics and history. Friedman teaches a wide variety of courses including Constitutional Law, Federal Courts, and Criminal Procedure. He writes extensively about judicial review, constitutional law and theory, federal jurisdiction and judicial behavior. His scholarship appears regularly in the nation’s top law and peer-edited reviews. He is the author of widely-recognized The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution (Farrar, Strauss & Giroux, 2009), which examines the history of the relationship between popular opinion and the Supreme Court, from 1776 to the present. Along with his co-author Stephen Burbank, Friedman co-edited and contributed to Judicial Independence at the Crossroads: An Interdisciplinary Approach, which questions common assumptions about the nature of judicial independence and how it can be protected. The book has been cited and relied upon countless times by scholars and policymakers alike. Professor Friedman is a frequent contributor to the nation's leading journals, both on-line and print. His work has appeared in The New York Times, Salon, The Los Angeles Times, Politico andThe New Republic, among others.
Professor Friedman is a frequent speaker at events of all sorts. Given the interdisciplinary nature of his work, Professor Friedman regularly appears at conferences in law, political science and history. He is a founder and co-convener of the “roughly biennial” Constitutional Theory Conference. He organizes many multi-disciplinary conferences, including one on Modeling Law, and another – done under the auspices of the American Constitution Society – on Reconstruction: America’s Second Founding. He presents papers regularly at home and abroad. He has been a visiting scholar and lecturer at the Rockefeller Foundation Study and Conference Center in Bellagio, Italy, the Groupe d’Etudes et de Recherches sur law Justice Constitutionnelle Aix-en-Provence, Sciences-Po in Aix-en-Provence, and Hong Kong University.
Professor Friedman regularly serves as a litigator or litigation consultant in a variety of matters in the federal and state courts. He has represented a wide range of clients, both public and private. Notably, he represents both civil liberties claimants and state and local governments. He has been active in the areas of reproductive rights, the jurisdictional allocation of cases between the federal and state courts, and the proper scope of the federal government’s commerce power. He has filed a number of amicus briefs with the U.S. Supreme Court.
Actively engaged in a range of important service activities, at NYU Professor Friedman created the Academic Careers Program and founded and is now co-director of the Furman Academic Program. Both programs are dedicated to preparing young scholars for academic careers. In the past he was extensively involved with the American Judicature Society, was President of the Tennessee Civil Liberties Union, served on the Board of the State and Local Legal Center, and on the steering committee of New York University’s Institute for Law and Society. He recently completed a term as Vice Dean of New York University School of Law.
Professor Friedman graduated from the University of Chicago and received his law degree magna cum laude from Georgetown University Law Center. He clerked for the Honorable Phyllis A. Kravitch of the U.S. Court of Appeals for the 11th Circuit and also worked as a litigation associate at Davis, Polk & Wardwell in Washington D.C. He was a professor at Vanderbilt Law School before joining the NYU faculty in 2000. In 1995 he won the Clarence Darrow Award from the ACLU of Tennessee for his work in defense of civil liberties.
J.D., Georgetown University Law Center, 1982
B.A., University of Chicago, 1978
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Former Mildred Van Voorhis Jones Chair in Law, University of Illinois College of Law
The University of Illinois College of Law community mourns the loss of Professor Larry E. Ribstein, the Mildred Van Voorhis Jones Chair, Associate Dean for Research, and Co-Director of the Illinois Business Law and Policy Program, who passed away on December 24, 2011 in Fairfax, Virginia.
A member of the Illinois law faculty since 2002, Ribstein was a prodigious and pioneering scholar across a vast range of subjects, including partnerships and limited liability companies, corporate and securities law, choice of law, financial regulation, white-collar crime, legal ethics, and the legal profession. Among his over 170 publications, he was the author of The Rise of the Uncorporation (Oxford University Press, 2010),The Law Market (Oxford University Press, 2009) (with Erin A. O’Hara), The Sarbanes-Oxley Debate (American Enterprise Institute Press, 2006) (with Henry N. Butler), The Constitution and the Corporation (American Enterprise Institute Press, 1995) (with Butler), leading treatises (including Ribstein & Keatinge on Limited Liability Corporations and Bromberg & Ribstein on Partnerships), and two casebooks (Business Associations (4th ed. 2003, Lexis/Nexis) (with Peter V. Letsou) andUnincorporated Business Entities (4th ed. 2009, Lexis/Nexis) (with Jeffrey M. Lipshaw)). His latest book, The Rise of the Uncorporation, which examines the emergence and significance of non-corporate forms of business organization, was recently described in the Michigan Law Review as a “fascinating” study that “takes the traditional law and economics story of the corporation and turns it on its head.” A prominent commentator on law and business, Ribstein was the founder of Ideoblog (www.ideoblog.org) and the leading contributor to Truth on the Market (www.truthonthemarket.com), which was recently ranked by the ABA Journal as one of the 100 top law blogs.
Professor Ribstein taught a variety of courses at the College of Law, including business organizations, unincorporated business entities, and market regulation. He also taught an innovative colloquium on corporate law that brought together students and leading scholars to discuss current issues in the field.
“Larry was a scholar of incandescent intellect, breathtaking range, and unflagging energy,” said Dean Bruce Smith. “He cared passionately about his students and about transforming legal education to meet the challenges of the twenty-first century. He invested selflessly in the professional development of junior faculty members – whether at Illinois or at other institutions. He cared deeply about the College of Law and contributed incalculably to it through his ideas, his engagement, and his counsel. And he cherished his family with a love that was boundless. Larry was a towering figure and an incomparable person, and he will be dearly missed.”
After earning his B.A. from The Johns Hopkins University and his J.D. from the University of Chicago Law School, Ribstein practiced for three years as an associate at McDermott, Will & Emery in Chicago. He began his teaching career at Mercer University Law School (1975-87), later serving on the faculty at George Mason University School of Law (1987-2002), including as George Mason University Foundation Professor of Law (1993-2002). He also held visiting professorships at New York University Law School, the University of Texas School of Law, Washington University School of Law, and St. Louis University School of Law. He served the legal-academic community in a variety of capacities, including on the Executive Committee of the American Association of Law Schools (AALS) Section on Securities Regulation, as chair of the AALS Section on Agency, Partnership and LLCs, and as editor and co-editor of The Supreme Court Economic Review.
Professor of Law, Florida International University College of Law
Howard M. Wasserman joined the College of Law in 2003. He graduated magna cum laude from the Northwestern University School of Law, where he was an associate articles editor of the Law Review and was named to the Order of the Coif. Following law school, he clerked for Chief Judge James T. Giles of the United States District Court for the Eastern District of Pennsylvania and Judge Jane R. Roth of the United States Court of Appeals for the Third Circuit. He also has been a visiting professor at Saint Louis University School of Law and Florida State University College of Law. Professor Wasserman teaches civil procedure, evidence, federal courts, civil rights, and First Amendment; his scholarship focuses on the freedom of speech and on the role of procedure and jurisdiction in public-law and civil-rights litigation. He blogs at PrawfsBlawg and at Sports-Law Blog and is the Section Editor for the Courts Law Section of JOTWELL. Professor Wasserman is a loyal Chicago Cubs fan.
Member, Caplin & Drysdale
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
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.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
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.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
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.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Member, Caplin & Drysdale
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Mr. Birkenstock focuses on advising corporations, non-profit organizations, candidates, officeholders, and other clients in structuring new political efforts and administering their political, lobbying, and issue-advocacy projects. He also helps clients respond to controversies involving issues of political law such as alleged campaign finance improprieties, conflicts of interest, and real or perceived violations of other legal and ethical obligations.Highlights
While at the DNC, Mr. Birkenstock worked closely with the party's fundraisers and campaign staff to help ensure their compliance with the myriad of state and federal laws governing their activities. He took primary responsibility for responding to several investigations into Democratic Party fundraising following the 1996 presidential election. He also assisted in the litigation and public relations efforts surrounding the 2000 Florida recount and helped implement the DNC's transition to the McCain-Feingold campaign finance regime.Partner and Chair of Political Law Practice Group, Perkins Coie
Partner and Chair of Election Law and Government Ethics Practice, Bryan Cave
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
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