Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center; Faculty Director, Georgetown Center for the Constitution
Randy E. Barnett is the Patrick Hotung Professor of Constitutional Law at the Georgetown University Law Center and is the Faculty Director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney’s Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies and the Bradley Prize, Professor Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School.
Professor Barnett’s publications includes thirteen books, more than one hundred articles and reviews, as well as numerous op-eds. His most recent book is Felony Review: Tales of True Crime and Corruption in Chicago (2026). His other books on the Constitution include: A Life for Liberty: The Making of an American Originalist (2024); The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021) (with Evan Bernick); An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know (2019) (with Josh Blackman); Restoring the Lost Constitution: The Presumption of Liberty (2nd ed. 2013); Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (2016); and Constitutional Law: Cases in Context (5th ed. forthcoming 2027) (with Josh Blackman). His books on contracts are The Oxford Introductions to U.S. Law: Contracts (2010) and Contracts: Cases and Doctrine (7th ed. 2021) (with Nate Oman). And he is the author of The Structure of Liberty: Justice and the Rule of Law (2nd ed. 2014).
In 2004, he argued the medical marijuana case of Gonzalez v. Raich before the U.S. Supreme Court. In 2012, he was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act in NFIB v. Sebelius. He’s appeared in numerous documentaries and portrayed a prosecutor in the 2010 science-fiction feature film, InAlienable: The Movie. On X he is @RandyEBarnett
Ralph S. Tyler, Jr. Professor of Constitutional Law, Harvard Law School
Former Solicitor General of Texas
Jonathan F. Mitchell is Principal at Mitchell Law PLLC. He received his law degree with high honors from the University of Chicago Law School, where he was an articles editor of The University of Chicago Law Review and a member of the Order of the Coif.
After graduating from law school, Mr. Mitchell clerked for Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit and for Justice Antonin Scalia of the Supreme Court of the United States. He then served as an Attorney-Adviser in the Office of Legal Counsel of the United States Department of Justice from 2003 through 2006. After leaving the Department of Justice, Mr. Mitchell served as a Visiting Researcher at Georgetown University Law Center, a Visiting Assistant Professor at the University of Chicago Law School from 2006 through 2008, and an Assistant Professor of Law at George Mason University from 2008 through 2010.
In 2010, Mr. Mitchell was appointed Solicitor General of Texas, a position he held until January 2015. After leaving the Texas Solicitor General’s office, Mr. Mitchell served as the Searle Visiting Professor of Law at the University of Texas School of Law before joining the Hoover Institution as a Visiting Fellow from 2015 to 2016. Mr. Mitchell also served as a Visiting Professor of Law at Stanford Law School before opening his own law firm in 2018.
Mr. Mitchell has published numerous works of scholarship in top-10 law journals, and he has written articles on textualism, national-security law, criminal law and procedure, judicial review and judicial federalism, and the legality of stare decisis in constitutional adjudication.
Mr. Mitchell has argued eight times before the Supreme Court of the United States, and more than 20 times in the federal courts of appeals. He has also argued before Supreme Court of Texas and in numerous trial courts. Mr. Mitchell has authored the principal merits brief in 11 Supreme Court cases, and has written and submitted more than 20 amicus curiae briefs in the Supreme Court.
Mr. Mitchell devised the novel enforcement mechanism in the Texas Heartbeat Act, also known as Senate Bill 8, which avoids pre-enforcement judicial review by prohibiting government officials from enforcing the statute and empowering private citizens to bring lawsuits against those who violate it. This produced an end-run around Roe v. Wade and allowed Texas and other states to impose pre-viability abortion bans despite the continued existence of Roe.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
William Nelson Cromwell Professor of Law, Harvard Law School
Professor Tushnet, who graduated from Harvard College and Yale Law School and served as a law clerk to Justice Thurgood Marshall, specializes in constitutional law and theory, including comparative constitutional law. His research includes studies examining (skeptically) the practice of judicial review in the United States and around the world. He also writes in the area of legal and particularly constitutional history, with works on the development of civil rights law in the United States and (currently) a long-term project on the history of the Supreme Court in the 1930s. This fall he is organizing a conference on American constitutional development and another that features a conversation among several current and former judges on the world's constitutional courts.
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
Nomura Professor of International Financial Systems and Director, Harvard Law School
Hal S. Scott is the Nomura Professor and Director of the Program on International Financial Systems (PIFS) at Harvard Law School, where he has taught since 1975.
He teaches courses on Capital Markets Regulation, International Finance, and Securities Regulation. He has a B.A. from Princeton University (Woodrow Wilson School, 1965), an M.A. from Stanford University in Political Science (1967), and a J.D. from the University of Chicago Law School (1972). In 1974-1975, before joining Harvard, he clerked for Justice Byron White.
The Program on International Financial Systems, founded in 1986, engages in a variety of research projects. Its book, Capital Adequacy Beyond Basel (Oxford University Press 2004), examines capital adequacy rules for banks, insurance companies and securities firms. The Program also organizes the annual invitation-only U.S.-China, U.S.-Europe, U.S.-Japan, and U.S.-Latin America Symposia on Building the Financial System of the 21st Century, attended by financial system leaders in the concerned countries.
Professor Scott's books include the law school textbook International Finance: Transactions, Policy and Regulation (21st ed. Foundation Press 2016); Connectedness and Contagion (M.I.T. Press 2016) and The Global Financial Crisis (Foundation Press 2009).
Professor Scott is the Director of the Committee on Capital Markets Regulation, a bi-partisan non-profit organization dedicated to enhancing the competitiveness of U.S. capital markets and ensuring the stability of the U.S. financial system via research and advocacy. He is also a member of the Bretton Woods Committee, a member of the Market Monitoring Group of the Institute of International Finance, a past independent director of Lazard, Ltd. (2006-2016), a past President of the International Academy of Consumer and Commercial Law and a past Governor of the American Stock Exchange (2002-2005).
Learned Hand Professor of Law, Emeritus, Harvard Law School
Mary Ann Glendon is the Learned Hand Professor of Law, emerita, at Harvard University, and a former U.S. Ambassador to the Holy See. She writes in the fields of human rights, comparative law, and political theory. Glendon chaired the U.S. State Department Commission on Unalienable Rights (2019-2020) and served as a member of the Commission on International Religious Freedom (2012-2016), and the U.S. President's Council on Bioethics (2001-2004). She received the National Humanities Medal in 2006. In 1991 she was elected to the American Academy of Arts and Sciences. She was President of the Pontifical Academy of Social Sciences from 2003 to 2013, a member of the Board of Supervisors of the Institute of Religious Works (Vatican Bank) from 2013 to 2018, and represented the Holy See at various conferences including the 1995 U.N. Women's conference in Beijing where she headed the Vatican delegation. Glendon has contributed to legal and social thought in several widely translated works, bringing a comparative approach to a variety of subjects. They include The Forum and the Tower (2011), a series of biographical essays exploring the relation between political philosophy and politics-in-action; Traditions in Turmoil (2006), a collection of essays on law, culture and human rights; A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (2001), a history of the framing of the UDHR; A Nation Under Lawyers (1996), a portrait of turbulence in the legal profession, analyzing the implications of changes in legal culture for a democratic polity that entrusts crucial roles to legally trained men and women; Rights Talk (1991), a critique of the impoverishment of political discourse; The Transformation of Family Law (1989), winner of the legal academy’s highest honor, the Order of the Coif Triennial Book Award; Abortion and Divorce in Western Law (1987), winner of the Scribes Book Award for best writing on a legal subject; The New Family and the New Property (1981), and textbooks on comparative legal traditions.
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.
Felix Frankfurter Professor of Law and Director, Julis-Rabinowitz Program on Jewish and Israeli Law, Harvard Law School
Noah Feldman specializes in constitutional studies, with a particular emphasis on the relationship between law and religion, free speech, constitutional design, and the history of legal theory. Felix Frankfurter Professor of Law at Harvard Law School, he is also a Senior Fellow of the Society of Fellows at Harvard. In 2003 he served as senior constitutional advisor to the Coalition Provisional Authority in Iraq, and subsequently advised members of the Iraqi Governing Council on the drafting of the Transitional Administrative Law or interim constitution. He received his A.B. summa cum laude in Near Eastern Languages and Civilizations from Harvard University in 1992. Selected as a Rhodes Scholar, he earned a D.Phil. in Oriental Studies from Oxford University in 1994. From 1999 to 2002, he was a Junior Fellow of the Society of Fellows at Harvard. Before that he served as a law clerk to Justice David H. Souter of the U.S. Supreme Court (1998 to 1999) and to Chief Judge Harry T. Edwards of the U.S. Court of Appeals for the D.C. Circuit (1997 to 1998). He received his J.D. from Yale Law School in 1997, serving as Book Reviews Editor of the Yale Law Journal. He’s the author of eight books: The Three Lives of James Madison: Genius, Partisan, President (Random House, 2017); Cool War: The Future of Global Competition (Random House, 2013); Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices (Twelve Publishing, 2010); The Fall and Rise of the Islamic State (Princeton University Press, 2008); Divided By God: America's Church-State Problem and What We Should Do About It (Farrar, Straus & Giroux 2005); What We Owe Iraq: War and the Ethics of Nation building (Princeton University Press 2004); and After Jihad: America and the Struggle for Islamic Democracy (Farrar, Straus & Giroux 2003. He also co-authored two textbooks with Kathleen Sullivan: Constitutional Law, Twentieth Edition (Foundation Press, Fall 2019) and First Amendment (Foundation Press, 2016).
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Ella A. and Ernest H. Fisher Professor of Law, Ohio Northern University Claude W. Pettit College of Law
Professor Lewis joined the Ohio Northern faculty in August, 2006. Lewis flew F-14's for the United States Navy in Operation Desert Shield, conducted strike planning for Desert Storm and was deployed to the Persian Gulf to enforce the no-fly zone over Iraq. He was a Topgun graduate in 1992 and was featured in a NOVA documentary on Topgun and aircraft carriers.
After his naval service, Lewis graduated from Harvard Law School, cum laude, was a management consultant with McKinsey and Company, and served as a litigation associate with McGuireWoods, LLP, in Norfolk, Virginia.
Professor Lewis published more than a dozen articles and essays on various aspects of the law of war and the conflict between the US and al Qaeda. His work has been cited by the Seventh, Ninth and Eleventh Circuit Courts of Appeals. He has testified before Congress on the legality of drone strikes in Pakistan and Yemen and on the civil liberties tradeoffs associated with trying some Al Qaeda members or terrorist suspects before military commissions. His op-eds have appeared in numerous media outlets including the LA Times and the New York Post and he has appeared on Public Radio International to discuss the increasing use of armed drones in warfare. He delivered scores of presentations and panel presentations before military and law school audiences alike including presentations to the international Military Operations Law conference in Queensland, Australia, the US Army's JAG School in Charlottesville, VA and law school events at Stanford, Chicago, Columbia, Penn, Duke, Texas and Northwestern among others.
Professor Lewis received the Award for Excellence in Classroom Teaching for the 2007-08 academic year.
He taught Commercial Law, International Law, a Law of War Seminar and Torts. He also taught Corporate Finance and Accounting for Lawyers. His other teaching interests included Civil Procedure and Contracts.
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.
Why the NSA Data Seizures Are Unconstitutional
TampaClearing the Air: The Real Reason Why Drones are the Weapon of Choice in Counterterrorism and Why That is a Good Thing for Civilians
Michael W. Lewis
Note from the Editor: This article is about the use of drones in counterterrorism operations. ...
Federalism and State Law
Citizens United, Playboy, and Little Sisters of the Poor: Not as Different as You May Think!
Fort WorthJudicial Enforcement of Rights
The Second Highest Court in the Land: Judging on the DC Circuit
Dodd Frank and the Dangers of Reform
Book Review: Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance
Nelson Lund
Other Reviews of Cosmic Constitutional Theory: •Marc O. Degirolami, The New Republic, Sept. 2012: http://www.newrepublic.com/book/review/cosmic-constitutional-theory-judicial-restraint...
Tocqueville and the Role of Law in American Society
The Borderline between Government Regulatory Power and Religious Freedom