E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely on the subjects of constitutional law and constitutional history, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials(with William W. Van Alstyne) (5th ed., Foundation Press, 2014). An elected member of the American Law Institute, Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, andNotre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
Senior Attorney, Institute for Justice
Sam Gedge is a senior attorney at the Institute for Justice. He joined IJ in June 2015 and litigates cases to promote economic liberty, protect political speech, and secure individuals’ rights to private property.
In 2017, Sam was named IJ’s second Elfie Gallun Fellow for Freedom and the Constitution. The fellowship comes with an emphasis on publishing written materials and speaking to students and others about the vital role the U.S. Constitution plays in protecting our most precious freedoms.
In his time at IJ, Sam has launched cases battling civil forfeiture and overzealous licensing boards, which generated widespread coverage and conversation in media outlets from Wired and The Atlantic to London’s Daily Mail.
Before joining IJ, Sam was an attorney at Wiley Rein LLP, in Washington, D.C., where he focused on litigation and election law. He is a former law clerk to Judge Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
Sam received his law degree cum laude from Harvard Law School in 2010.
Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
Professor of Law, Widener University Commonwealth Law School
Partner, Baker & Hostetler LLP
Richard Raile is a partner at Baker Hostetler, where he is a member of their Litigation team. He focuses his practice on appeals and major motions. He frequently plays the principal role in drafting briefs for clients and in delivering oral argument, including on dispositive motions, bench trials and appeals. He has represented parties and amici curiae at every level of the judiciary, from trial courts to merits litigation in the U.S. Supreme Court and state supreme courts.
His litigation experience runs the gamut of subject matters, including everything from commercial, civil rights, constitutional, campaign finance, voting rights, labor and bankruptcy law.
E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely on the subjects of constitutional law and constitutional history, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials(with William W. Van Alstyne) (5th ed., Foundation Press, 2014). An elected member of the American Law Institute, Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, andNotre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
Vice President for Legal Affairs, Goldwater Institute
James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law, University of Virginia School of Law
Professor John C. Harrison is the James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law at the University of Virginia School of Law. He joined the faculty at University of Virginia in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.
A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).
E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely on the subjects of constitutional law and constitutional history, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials(with William W. Van Alstyne) (5th ed., Foundation Press, 2014). An elected member of the American Law Institute, Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, andNotre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
Judge, United States Court of Appeals, Seventh Circuit
Judge Sykes was nominated to the Seventh Circuit by President George W. Bush and confirmed by the Senate in 2004. Prior to her appointment to the federal bench, Judge Sykes served as a justice on the Wisconsin Supreme Court. Governor Tommy G. Thompson appointed her in September 1999 to fill a mid-term vacancy on the state supreme court, and she was elected to a full ten-year term in April 2000. From 1992-1999, Judge Sykes served on the state trial bench in Milwaukee County (elected in 1992 and re-elected in 1998). From 1985-1992, Judge Sykes practiced law with the Milwaukee firm of Whyte & Hirschboeck, S.C., and from 1984-1985, was a law clerk to Federal Judge Terence T. Evans.
Born and raised in the Milwaukee area, Judge Sykes earned a bachelor’s degree in journalism from Northwestern University in 1980 and a law degree from Marquette University Law School in 1984. Between college and law school, Judge Sykes worked as a reporter for The Milwaukee Journal.
Judge Sykes has two sons.
President, Constitutional Accountability Center
Elizabeth is Constitutional Accountability Center’s President. From 2008-2016, she served as CAC's Chief Counsel, representing the Center as well as clients including preeminent constitutional scholars and historians, state and local government organizations, and groups such as the League of Women Voters and the AARP. She frequently participates in Supreme Court litigation and her legal brief writing has been recognized as “exemplary” by the Green Bag Almanac & Reader. Elizabeth has also argued several important cases in the federal courts of appeals on a range of issues, including immigration law, habeas corpus, and sovereign immunity. She joined CAC from private practice at Quinn Emanuel Urquhart & Sullivan in San Francisco, where she was an attorney working with former Stanford Law School Dean Kathleen Sullivan in the firm’s Supreme Court/appellate practice. Previously, Elizabeth was a supervising attorney and teaching fellow at the Georgetown University Law Center appellate litigation clinic, a law clerk for Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit, and a lawyer at Pillsbury Winthrop Shaw Pittman, a law firm in Washington. She has appeared as a legal expert for NBC, ABC, PBS, CNN, Fox News, the BBC, Current TV, and NPR, among other outlets. Elizabeth has been quoted extensively in the print media and is a regular contributor to the ABA’s Preview of United States Supreme Court Cases. Her writings have appeared in The New York Times, Reuters, USA Today, Politico, CNN.com, Slate, and on numerous political and legal blogs, such as Huffington Post, SCOTUSblog, and ACSblog. She has also published in the UCLA Journal of Environmental Law & Policy, Syracuse Law Review, The Cato Institute’s Supreme Court Review, and the Yale Journal of International Law. Elizabeth is a graduate of Yale Law School.
The Ratification of the 14th Amendment
Boston College Student Chapter
Newton , MAIs the Eighth Amendment's Excessive Fines Clause Incorporated Against the States Under the Fourteenth Amendment?
Boston College Student Chapter
Newton, MACan Americans Reconcile Our Constitutional System With an Expansive Administrative State?
Ted Hirt
A review of: Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government, by Joseph...
Minnesota Voters Alliance v. Mansky Strikes Down a Vague Ban on Speech in Polling Places, But Future Bans May Be Upheld
Michael R. Dimino
Note from the Editor: This article discusses the Supreme Court’s opinion in Minnesota Voters Alliance...
Partisan Gerrymandering and Party Rights: Why Gill v. Whitford Undermines All Future Partisan-Gerrymandering Claims
Richard B. Raile
Note from the Editor: This article discusses the Supreme Court’s opinion in Gill v. Whitford...
Topics
Liberty Month Revisited: The Separation of Powers, Stare Decisis, and the Constitution
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Topics
Qualified Immunity Lurks in the Background of the Fourth Amendment Question in Collins v. Virginia
On May 30th, the Supreme Court issued its decision in Collins v. Virginia, which held...
Reconstructing First Principles [NSS 2018]
Kurt T. Lash
With its dramatic expansion of individual rights, did the Fourteenth Amendment change the structure of...
Minnesota Voters Alliance v. Mansky - Post-Argument SCOTUScast
Timothy Sandefur
On February 28, 2018, the Supreme Court heard argument in Minnesota Voters Alliance v. Mansky,...
Reconstructing First Principles: The Fourteenth Amendment and the Constitution
John C. Harrison, Kurt T. Lash, Nicholas Quinn Rosenkranz, Diane S. Sykes, Elizabeth B. Wydra
The Fourteenth Amendment dramatically changed constitutional law. How are we to understand these changes? Did...