Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
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.
Associate, Gibson, Dunn & Crutcher LLP
Mr. Tayrani graduated from the Yale Law School in 2003, where he was Executive Editor of The Yale Law Journal. He served as a judicial clerk to the Honorable Diarmuid F. O'Scannlain of the United States Court of Appeals for the Ninth Circuit from 2004 to 2005. Mr. Tayrani earned a B.A. degree summa cum laude in Political Science from California State University, Fullerton. He is licensed to practice in California and the District of Columbia, and before the Supreme Court of the United States and the United States Courts of Appeals for the Fifth, Sixth, Seventh, and Ninth Circuits.
Vice President for Legal Affairs, Goldwater Institute
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
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
Former Judge, U.S. Court of Appeals, DC Circuit
Robert Heron Bork served as Solicitor General, acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit. Judge Bork passed away in December 2012.
Tribute to Judge Robert Bork by John McGinnis - Event Audio/Video
Celebration of the Life of Robert Heron Bork 1927-2012
Judge Robert H. Bork: His Life and Legacy - Practice Group Podcast
A Conference Discussing the Contributions of Judge Robert H. Bork - June 26, 2007
Roger Williams University School of Law
Professor Bogus has achieved national prominence in two areas -- (1) tort law, and especially, products liability; and (2) gun control, including issues involving the Second Amendment.
His work in the first area includes Why Lawsuits Are Good for America: Disciplined Democracy, Big Business and the Common Law (NYU Press). His Constitutional Law research proposes the thesis that James Madison wrote the Second Amendment to ensure that the federal government could not subvert the slave system by disarming the militia, on which the South relied for slave control. Professor Bogus has testified before Congress and spoken about and debated these subjects at many venues across the country, including at Harvard, Columbia, Chicago, Stanford, and Vanderbilt law schools, and his writings on these subjects have been published by law reviews, as well as opinion journals such as The Nation and The American Prospect, and newspapers including USA Today, Boston Globe, Washington Times, and the Providence Journal. Most recently, he was interviewed by National Public Radio. One of his interests is how ideology influences the law, and he is presently at work on a biography of William F. Buckley, Jr. and the conservative movement.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
United States Senator, Texas
Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.
Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.
Professor of Law, UCLA School of Law
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Death Penalty Policy Director of the ACLU of Northern California
Natasha Minsker is the Death Penalty Policy Director of the ACLU of Northern California. In this position, Ms. Minsker uses a multi-disciplinary approach to promote the goal of reforming capital sentencing procedures and the eventually ending the death penalty in California. Previously, Ms. Minsker spent five years at the Alameda County Public Defender’s Office, the first year as a research attorney in the Capital Defense Unit and the remaining four years as a Deputy Public Defender, handling all types of misdemeanor, felony, and juvenile cases. Ms. Minsker also served as staff attorney to the Judicial Council of California’s Task Force on Criminal Jury Instructions, helping the committee research and draft more than 700 new criminal jury instructions. She clerked for the Honorable Martha Vazquez, Chief Judge of the Federal District Court of New Mexico, and is a graduate of Stanford Law School.
The ACLU of Northern California is the largest of the ACLU affiliates, representing more than 55,000 members.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
University Distinguished Professor, University of Houston Law Center
Professor Dow joined the University of Houston Law Center faculty in 1988. He graduated with a B.A. in History from Rice University, and earned his M.A. in History and his law degree from Yale. Upon graduation, he clerked for the Honorable Carolyn Dineen King, judge on the Fifth Circuit Court of Appeals.
Professor Dow has handled more than fifty appeals, including more than 25 death penalty appeals. His areas of expertise include contracts, constitutional law, and death penalty law. He has written extensively on these subjects as well as on equal protection, law and literature, and federal jurisdiction.
Judge, U.S. Court of International Trade
M. Miller Baker was appointed as a Judge of the United States Court of International Trade on December 18, 2019, by President Donald J. Trump. Judge Baker entered on duty on December 20, 2019.
A native of Terrebonne Parish, Louisiana, Judge Baker grew up in Louisiana and Wyoming and attended Louisiana State University. Judge Baker thereafter earned his J.D. from Tulane University Law School and was admitted to the Louisiana bar in 1984 at age 22. After graduating from Tulane, he served as a law clerk to Judge John Malcolm Duhé, Jr., of the United States District Court for the Western District of Louisiana and then for Judge Thomas Gibbs Gee of the United States Court of Appeals for the Fifth Circuit. Following his judicial clerkships, from 1986 until the end of the Reagan Administration on January 20, 1989, Judge Baker served in the Justice Department under Attorneys General Edwin Meese III and Richard Thornburgh, first as an attorney-advisor in the Office of Legal Policy, and later as a special assistant to the Assistant Attorney General for Civil Rights. Judge Baker then entered private practice in Washington, D.C., until 1991. From 1991 to 1993 he served as counsel to Senator Orrin G. Hatch on the staff of the Senate Judiciary Committee.
Following his service on the Judiciary Committee staff, Judge Baker returned to private practice in Washington, D.C., focusing on complex civil litigation involving a wide range of subjects at the law firms of Carr Goodson Warner (1993–2000) and McDermott Will & Emery LLP (2000–2019). At McDermott, Judge Baker co-chaired the firm’s appellate practice group.
When he was in private practice, Judge Baker argued before the Supreme Court, nine of the thirteen federal courts of appeals, and appellate courts in three states and the District of Columbia. In 2009, The American Lawyer named Judge Baker as “Litigator of the Week” for one of his Supreme Court wins. In addition to his appellate practice, Judge Baker litigated in state and federal trial courts in seventeen states and the District of Columbia.
From 1986 to 1995, Judge Baker served as a naval reserve intelligence officer and received an honorable discharge. His duties included serving with an anti-terrorist unit, on the battle staff of an admiral commanding a carrier battle group operating in the North Atlantic during a large NATO exercise in the Cold War, and as a watch officer in the Navy Command Center in the Pentagon during the Persian Gulf War.
In the aftermath of 9/11, Judge Baker testified before the House and Senate Judiciary Committees on constitutional and policy issues associated with continuity of government. He also testified before the Continuity of Government Commission, a bipartisan study commission established by the American Enterprise Institute and the Brookings Institution.
Judge Baker and his wife Margaret have five children, two of whom are active duty military officers.
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.
Senior Attorney, Pacific Legal Foundation
David (Dave) Breemer developed a passion for liberty while reading classics such as John Locke’s Two Treatises of Government and Thomas Paine’s The Rights of Man, as he pursued a Master’s Degree in American Political Theory at University of California, Davis. During this time, Dave began to believe that individual freedom and choice is a God-given and inviolable gift that cannot be taken away through governmental power.
Dave then traveled throughout North America for several years as an adventure tour guide, discussing American ideas of freedom with groups of young people form Europe, Australia, and Japan while rafting, skydiving, and hiking in places like Monument Valley, Las Vegas, and Alaska.
In 1998, Dave went to law school at the University of Hawaii where he studied and co-authored several property rights-oriented law reviews with Professor David L. Callies, a noted land use authority. In 2001, Dave graduated summa cum laude from law school, second in his class, and returned to California to work as an attorney for PLF.
Since joining PLF, Dave has worked as an attorney in PLF’s property rights group. In that capacity, he has litigated numerous federal and state court cases vindicating constitutional rights, particularly those related to the ability to use and enjoy private property. Examples include: Knick v. Township of Scott, U.S. Supreme Court No. 17-647; MVA v. Minnesota, U.S. Supreme Court, No. 16-1435; Levin v. City and County of San Francisco, 71 F. Supp. 3d 1072 (N.D. Cal., 2014); Sansotta v. Town of Nags Head, 724 F.3d 533 (4th Cir. 2013); Severance v. Patterson, 390 S.W.3d 705 (Tex. 2012); Severance v. Patterson, 566 F.3d 490 (5th Cir. 2009); Crown Point Dev., Inc. v. City of Sun Valley, 506 F.3d 851 (9th Cir. 2007).
In his time at PLF, Dave has also written many law review articles about the Supreme Court’s property rights jurisprudence. He continues to believe that property rights are vital to securing other rights—such as privacy, self-expression, and financial freedom—and as a result, he continues to be passionate about securing the right to use and enjoy property for all Americans in the courts of this nation.
SCOTUScast 5-22-09 - Caperton Debate
John Shu, Bradley A. Smith, Amir Tayrani
On Tuesday, March 3, the Supreme Court heard oral argument in Caperton v. A.T. Massey...
Barwatch Bulletin for March 2009
ABA ONCE AGAIN PRE-VETTING JUDICIAL CANDIDATES On Tuesday, March 17, American Bar Association President H. Thomas...
SCOTUScast 1-13-09 featuring Timothy Sandefur
Timothy Sandefur
On Monday, November 3, the Supreme Court heard oral argument in Ysursa v. Pocatello Education...
Bar Watch Bulletin August 9 & 10, 2008
The American Bar Association's Annual Meeting will be taking place from August 7-12 in New...
Forum on Judge Bork's Article: "Individual Liberty and the Constitution"
Jeremy A. Rabkin, Roger Pilon, Steven G. Calabresi, Barry Friedman, Robert H. Bork
In a recent article in "The American Spectator" Judge Bork set out some thoughts on individual liberty and...
Barwatch Bulletin for February 9, 2008
ABA President Bill Neukom Press Conference ABA President Bill Neukom hosted a press conference on...
District of Columbia v. Heller
Carl T. Bogus, Nelson Lund, Ted Cruz, Adam Winkler
The Court has decided the District of Columbia v. Heller case. The decision, in striking down...
Death Penalty
William G. Otis, Natasha Minsker, Kent Scheidegger, David Dow
On June 25, 2008 the Supreme Court decided Kennedy v. Louisiana, holding that the Eighth...
SCOTUScast 3-20-08 featuring Miller Baker
M. Miller Baker
To listen, please right click on the audio file you wish to hear and then...
Property Rights in the Ninth Circuit and Beyond
Damien Michael Schiff, Elizabeth A. Yi, J. David Breemer
Under modern constitutional law, rights in real property are protected principally by the Just Compensation...