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Harvard Law School

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Apr 4 1987
Saturday 11:15 a.m. CDT    

Panel III: Originalist Theories of Constitutional Interpretation [Archive Collection]

1987 National Student Symposium

Chicago, IL
Speakers:
Robert William Bennett • Raoul Berger • Douglas H. Ginsburg • Michael W. McConnell • Michael S. Moore
Topics:
Constitution • Founding Era & History • Jurisprudence • Philosophy
Sponsors:
Chicago Student Chapter
  • In-Person Event
Jan 30 1987
Friday 4:15 p.m. EDT    

Panel II: Methods of Statutory Construction [Archive Collection]

First Annual National Lawyers Convention

Washington, DC
Speakers:
Frank H. Easterbrook • Orrin Hatch • Antonin Scalia • Laurence H. Silberman • Laurence H. Tribe
Topics:
Constitution • Federal Courts • Philosophy • State Courts • Supreme Court
Sponsors:
Washington DC Lawyer Chapter • Federalism & Separation of Powers Practice Group
  • In-Person Event
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James Madison Portrait
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Speaker Information
Robert William Bennett

Robert William Bennett

Nathaniel L. Nathanson Professor of Law Emeritus, Northwestern University Pritzker School of Law

Biography

A scholar in the field of constitutional law, Robert Bennett has been a member of the faculty of the Northwestern University School of Law since 1969, serving as the school’s dean from 1985 to 1995. Since 2002 he has been the Nathaniel L. Nathanson Professor of Law at Northwestern. With some regularity Professor Bennett teaches a seminar in the Law of American Democracy and courses in contracts, legislation, constitutional law, and constitutional theory. Professor Bennett has also taught as a visiting professor at the University of Illinois College of Law, the University of Virginia School of Law, the University of Southern California Law Center, Brooklyn Law School, and the Benjamin N. Cardozo School of Law of Yeshiva University.

Professor Bennett is a fellow of the American Bar Foundation, and served as the Foundation’s president from 1992 to 1994. He has been a member of the American Law Institute since 1979. He was also a co-founder of the Chicago Council of Lawyers and served as its president. Professor Bennett is the author of numerous books and articles. His two most recent books are Talking It Through: Puzzles of American Democracy, published by Cornell University Press in 2002 and Taming The Electoral College, published by Stanford University Press in 2006. At the present time he is at work on a (co-authored) book about constitutional interpretation for Cornell University Press, tentatively titled Originalism and Living Constitutionalism. Professor Bennett received his BA, summa cum laude, in 1962 from Harvard University and his LLB, cum laude, from Harvard Law School in 1965. At Harvard College he was elected to phi beta kappa and at Harvard Law School he was a member of the editorial board of the Harvard Law Review. Professor Bennett received a Knox Memorial Fellowship from Harvard University for study at the London School of Economics in 1965-66, and the following year he served as legal assistant to Commissioner Nicholas Johnson of the Federal Communications Commission. He was Reginald Heber Smith Fellow at the Office of Economic Opportunity, assigned to the Chicago Legal Aid Bureau in 1967-68, and he practiced law as an associate at the Chicago law firm of Mayer, Brown & Platt in 1968-69. Professor Bennett and his wife, Harriet Trop, live in Chicago and they have one daughter, Ariana Trop Bennett, who does as well.

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Raoul Berger

Raoul Berger

Charles Warren Senior Fellow in American Legal History, Harvard Law School

Biography

Raoul Berger (January 4, 1901 – September 23, 2000) was an American attorney and professor at The University of California at Berkeley and Harvard University School of Law. While at Harvard, he was the Charles Warren Senior Fellow in American Legal History.

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Speaker Information
Douglas H. Ginsburg

Douglas H. Ginsburg

Senior Judge, United States Court of Appeals, District of Columbia Circuit

Biography

Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986.  After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget.  Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law.  Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.

Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law.  He also serves on the Advisory Boards of:  Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.

In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy. 

In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.  

He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.

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Michael W. McConnell

Michael W. McConnell

Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School

Biography

Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.

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Michael S. Moore

Michael S. Moore

Charles R. Walgreen, Jr. Chair in Law and Co-Director, Program in Law and Philosophy, University of Illinois College of Law

Biography

One of the country’s most prominent authorities on the intersection of law and philosophy, and widely regarded as the country’s leading theoretician of the criminal law, Professor Moore joined the faculty in 2002 as the Charles R. Walgreen, Jr. Chair, the first and only university-wide chair for the University of Illinois’ three campuses. He is jointly appointed as professor of law in the College of Law and as a professor with the Center for Advanced Studies, an honor bestowed on faculty on the basis of their outstanding scholarship and among the highest forms of campus recognition. Professor Moore was just the second UI College of Law faculty member to have held such an appointment.

Before coming to Illinois, Professor Moore served as the Warren Distinguished Professor of Law and as co-founder and co-director of the Institute for Law and Philosophy at the University of San Diego. From 1989-2000, he was the Leon Meltzer Professor of Law and Professor of Philosophy at the University of Pennsylvania, where he co-founded and directed the University of Pennsylvania Institute for Law and Philosophy.

Over the course of his career, he also has been a professor of law at the University of California at Berkeley, the University of Southern California (where he held the Robert Kingsley Chair), and the University of Kansas. In addition, he has been the William Minor Lile Distinguished Visiting Professor of Law at the University of Virginia, the Florence Rogatz Visiting Professor at the Yale Law School, The Mason Ladd Distinguished Visiting Professor at the University of Iowa Schools of Law and of Medicine, as well as a visiting professor at Stanford University, Northwestern University, Tel Aviv University in Israel, di Tella University in Buenos Aires, and the Universität Erlangen in Germany.

He has held a number of fellowships and visiting scholar positions, including two in the Law and Humanities Program of Harvard University, five at the Australian National University’s Research School of Social Sciences in Canberra, Australia, and one each at the Humanities Research Institute of the University of California at Irvine, the Rockefeller Center in Bellagio, Italy, the Georgetown University Law Center, the University of Pennsylvania’s Center for Neuroscience and Society, and the Yale Law School.

Over an academic career spanning more than 50 years Moore has published more than 140 books, articles, editorials, and other pieces of scholarship, documented recently in a festschrift published in his honor, K. Ferzan and S. Morse, eds., Legal, Moral, and Metaphysical Truth: The Philosophy of Michael S. Moore (Oxford University Press, 2016). He is the author of Placing Blame: A General Theory of the Criminal Law (Oxford University Press, 1997), widely regarded as the leading modern statement of the retributivist theory of the criminal law. In an earlier book, Act and Crime: The Philosophy of Action and its Implications for Criminal Law (Oxford University Press, 1993), Moore provided a unified theory of action that underlies English and American criminal jurisprudence. In a later book, Causation and Responsibility: An Essay in Law, Morals, and Metaphysics (Oxford University Press, 2009), Moore explored the nature of causation and its relation to both moral and legal responsibility. Earlier in his career, he authored Law and Psychiatry: Rethinking the Relationship (Cambridge University Press, 1984), which explored the tension that often exists between legal and psychiatric theories. His latest book, Mechanical Brains and Responsible Choices, still forthcoming, will return to these same issues, this time as they are raised by contemporary neuroscience rather than by dynamic psychiatry.

Professor Moore has presented hundreds of lectures and papers around the world in law, jurisprudence, political theory, legal philosophy, political science, economics, philosophy, psychology, psychiatry, and neuroscience, including most recently endowed, named lectures at Duke, Dartmouth, Columbia, Tel Aviv, Pennsylvania universities, as well as the annual Public Philosophy Lecture and the annual Center for Advanced Studies Lecture at the University of Illinois. He is on the board of editors of numerous journals in law and in philosophy and for a decade served as editor-in-chief of the journal, Law and Philosophy.

He regularly rotates his law teaching between first-year courses of criminal law, torts, contracts, property, and constitutional law, and upper-year courses in jurisprudence and legal philosophy. During his 13 years on the Philosophy Department faculty at Illinois he taught undergraduate courses in the philosophy of law and political philosophy and graduate seminars in neuroscience, ethics, the theory of action, and the metaphysics of causation.

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Frank H. Easterbrook

Frank H. Easterbrook

U.S. Court of Appeals, Seventh Circuit

Biography

Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.



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Orrin Hatch

Orrin Hatch

Former United States Senator, Utah

Biography

Over nearly four decades of public service, Senator Orrin Hatch established himself as a leading conservative voice in the United States Senate. As the upper chamber’s most senior Republican, he served as President Pro Tempore and as Chairman of the Senate Finance Committee. In this capacity, he fought to create jobs and strengthen the economy by repealing and replacing Obamacare, reforming the tax code, and opening up overseas markets to American exports.

As a long-time member and former Chairman of the Senate Judiciary Committee, Senator Hatch also fought to check judicial activism and protect our liberties. He was instrumental in confirming conservative judges to the federal bench and played an indispensable role in confirming Supreme Court Justices Antonin Scalia, Clarence Thomas, and Samuel Alito as well as scores of district and circuit court judges.

One of Senator Hatch’s particularly noteworthy achievements on the Judiciary Committee is the Religious Freedom Restoration Act of 1993—a bill he co-authored with the late Senator Ted Kennedy. This landmark legislation prohibits substantial government burdens on the free exercise of religion, allowing all Americans to live, work, and worship in accordance with their beliefs.  

In addition to protecting our individual liberties, Senator Hatch was on the front lines of legislative battles to protect our free-market economy and system of limited government under the Constitution. His reputation as a statesman and his record of fiscal responsibility earned him the nickname “Mr. Balanced Budget” from President Reagan.

By virtually all measures, Senator Hatch was among the most effective and consequential legislators in history. Since he first came to Congress in 1977, no legislator alive today has authored more bills that have become law than Senator Hatch.

Of all Senator Hatch’s achievements, he is proudest of his family, and he credits the love of his wife and children as the key to his success. He and Elaine have been married for more than fifty years. Together, they are the parents of six children, twenty-three grandchildren, and sixteen great-grandchildren.



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Antonin Scalia

Antonin Scalia

Associate Justice, United States Supreme Court

Biography

Antonin Scalia, Associate Justice, was born in Trenton, New Jersey, March 11, 1936. He married Maureen McCarthy and has nine children- Ann Forrest, Eugene, John Francis, Catherine Elisabeth, Mary Clare, Paul David, Matthew, Christopher James, and Margaret Jane. He received his A.B. from Georgetown University and the University of Fribourg, Switzerland, and his LL.B. from Harvard Law School, and was a Sheldon Fellow of Harvard University from 1960-1961. He was in private practice in Cleveland, Ohio from 1961-1967, a Professor of Law at the University of Virginia from 1967-1971, and a Professor of Law at the University of Chicago from 1977-1982, and a Visiting Professor of Law at Georgetown University and Stanford University. He was chairman of the American Bar Association's Section of Administrative Law, 1981-1982, and its Conference of Section Chairmen, 1982-1983. He served the federal government as General Counsel of the Office of Telecommunications Policy from 1971-1972, Chairman of the Administrative Conference of the United States from 1972-1974, and Assistant Attorney General for the Office of Legal Counsel from 1974-1977. He was appointed Judge of the United States Court of Appeals for the District of Columbia Circuit in 1982. President Reagan nominated him as an Associate Justice of the Supreme Court, and he took his seat September 26, 1986.

 



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Laurence H. Silberman

Laurence H. Silberman

Judge, United States Court of Appeals, District of Columbia Circuit

Biography

LAURENCE HIRSCH SILBERMAN, senior circuit judge; recipient of the Presidential Medal of Freedom, June 19, 2008; born in York, PA, October 12, 1935; son of William Silberman and Anna (Hirsch); married to Rosalie G. Gaull on April 28, 1957 (deceased), married Patricia Winn on January 5, 2008; children: Robert Steven Silberman, Katherine DeBoer Fischer, and Anne Gaull Otis; B.A., Dartmouth College, 1957; LL.B., Harvard Law School, 1961; admitted to Hawaii Bar, 1962; District of Columbia Bar, 1973; associate, Moore, Torkildson and Rice, 1961–64; partner (Moore, Silberman and Schulze), Honolulu, 1964–67; attorney, National Labor Relations Board, Office of General Counsel, Appellate Division, 1967–69; Solicitor, Department of Labor, 1969–70; Under Secretary of Labor, 1970–73; partner, Steptoe and Johnson, 1973–74; Deputy Attorney General of the United States, 1974–75; Ambassador to Yugoslavia, 1975–77; President’s Special Envoy on ILO Affairs, 1976; senior fellow, American Enterprise Institute, 1977–78; visiting fellow, 1978–85; managing partner, Morrison and Foerster, 1978–79 and 1983–85; executive vice president, Crocker National Bank, 1979–83; lecturer, University of Hawaii, 1962–63; board of directors, Commission on Present Danger, 1978–85, Institute for Educational Affairs, New York, NY, 1981–85, member: General Advisory Committee on Arms Control and Disarmament, 1981–85; Defense Policy Board, 1981–85; vice chairman, State Department’s Commission on Security and Economic Assistance, 1983–84; American Bar Association (Labor Law Committee, 1965–72, Corporations and Banking Committee, 1973, Law and National Security Advisory Committee, 1981–85); Hawaii Bar Association Ethics Committee, 1965–67; Council on Foreign Relations, 1977–present; Judicial Conference Committee on Court Administration and Case Management, 1994; member, U.S. Foreign Intelligence Surveillance Act Court of Review, 1996–2003; Adjunct Professor of Law (Administrative Law and Labor Law) Georgetown Law Center, 1987–94; 1997; Adjunct Professor of Law, Harvard Law School, 1994-95, Adjunct Professor of Law, New York University Law School, 1995–96; Distinguished Visitor from the Judiciary, Georgetown Law Center, 2003–2019; co-chairman of the President’s Commission on The Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, 2004–05; appointed to the U.S. Court of Appeals for the District of Columbia Circuit by President Reagan on October 28, 1985.

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Laurence H. Tribe

Laurence H. Tribe

Carl M. Loeb University Professor, Harvard Law School

Biography

Laurence H. Tribe, the Carl M. Loeb University Professor and Professor of Constitutional Law at Harvard, has taught at its Law School since 1968 and was voted the best professor by the graduating class of 2000. The title “University Professor” is Harvard’s highest academic honor, awarded to just a handful of professors at any given time and to just 68 professors in all of Harvard University’s history. Born in China to Russian Jewish parents, Tribe entered Harvard in 1958 at 16; graduated summa cum laude in Mathematics (1962) and magna cum laude in Law (1966); clerked for the California and U.S. Supreme Courts(1966-68); received tenure at 30; was elected to the American Academy of Arts and Sciences at 38 and to the American Philosophical Society in 2010; helped write the constitutions of South Africa, the Czech Republic, and the Marshall Islands; has received eleven honorary degrees, most recently a degree honoris causa from the Government of Mexico in March 2011 that was never before awarded to an American and an honorary D. Litt. From Columbia University; has prevailed in three-fifths of the many appellate cases he has argued (including 35 in the U.S. Supreme Court); was appointed in 2010 by President Obama and Attorney General Holder to serve as the first Senior Counselor for Access to Justice; and has written 115 books and articles, including his treatise, American Constitutional Law, cited more than any other legal text since 1950. Former Solicitor General Erwin Griswold wrote: “[N]o book, and no lawyer not on the [Supreme] Court, has ever had a greater influence on the development of American constitutional law,” and the Northwestern Law Review opined that no-one else “in American history has… simultaneously achieved Tribe’s preeminence… as a practitioner and… scholar of constitutional law.”

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