Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Judge, Iran-United States Claims Tribunal and Arbitrator Member, Twenty Essex Chambers
Charles’s 55-year career in the law has combined extensive practice at the bar with distinguished public service, both national and international. For nearly 40 years he has focused on public international law and international dispute resolution.
As counsel or arbitrator he has handled cases on all six continents, principally under the rules of the ICC, UNCITRAL, LCIA, AAA, United Nations Compensation Commission, ICSID, Stockholm Chamber of Commerce, Insurance and Reinsurance Arbitration Society and LMAA. These cases have involved a wide variety of commercial disputes as well as issues of public international law, particularly involving the oil and gas sector, major infrastructural projects, expropriations, and other investment disputes, including ones arising under both bilateral and multilateral investment treaties.
Charles started his career with White & Case LLP in New York, before serving for four years in the United States Department of State in Washington, DC, concluding as its Acting Legal Adviser. He then rejoined White & Case LLP, co-founding its Washington, DC office, where his practice came to be comprised almost exclusively of substantial international arbitrations.
He has served continuously since 1983 as a judge of the Iran-United States Claims Tribunal in The Hague, The Netherlands. That service was interrupted for some months in 1987 by White House service as Deputy Special Counsellor to President Reagan. Charles resumed partnership in White & Case LLP from 1988 until joining 20 Essex Street in 2001. Since 2014 he has also served as a Judge ad hoc at the International Court of Justice.
In 2015 Charles was only the fourth ever recipient of the Global Arbitration Review Lifetime Achievement Award.
Professor of Law and Global Affairs Faculty Director, LL.M. in International Human Rights Law; Global Director, Notre Dame Law School Global Human Rights Clinic, Notre Dame Law School
Diane A. Desierto joined the Law School in January 2021 as Professor of Law and LL.M. Faculty Director, with a joint appointment at the Keough School of Global Affairs. Desierto teaches, publishes, and practices in the areas of international law and human rights, international economic law and development, international arbitration, maritime security, Association of Southeast Asian Nations (ASEAN) Law, and comparative public law. At Notre Dame, Desierto is a Faculty Fellow at the Klau Institute for Civil Human Rights, Kellogg Institute of International Studies, Liu Institute for Asia and Asian Studies, Pulte Institute for Global Development, and Nanovic Institute of European Studies. She is also Co-Principal Investigator of the Notre Dame Reparations Design and Compliance Lab.
Desierto is a Member and former Chair-Rapporteur of the Expert Group of the United Nations Working Group on the Right to Development, Resource Expert for the Association of Southeast Asian Nations (ASEAN), former Director of Studies and Faculty of the Hague Academy of International Law, President of the Friends of the Hague Academy Foundation, and the Philippines Focal Point for the International Criminal Court Bar Association. She is active as international counsel at matters successfully litigated at the Permanent Court of Arbitration, the UN Human Rights Committee, the Philippine Supreme Court and Southeast Asian agencies, and was appointed by the Philippine Supreme Court as Professor of International Law and Human Rights at the Philippines Judicial Academy. Desierto is a Member of the Editorial Boards of the European Journal of International Law (and Editor of its leading international law blog EJIL:Talk!), Journal of World Investment and Trade, and the Global Community Yearbook of International Law and Jurisprudence, and the Kluwer Law monograph series on Human Society and International Law, and also serves on the Scientific Advisory Boards of international journals such as International Law Studies, the Revista Chilena de Derecho, and the Indonesian Journal of International and Comparative Law. Desierto previously taught as tenure-track/tenured law faculty at the University of the Philippines, Peking University School of Transnational Law in China, and the University of Hawaii Richardson School of Law. She is a recipient of faculty fellowships awarded by Stanford University's Center for Advanced Studies in the Behavioral Sciences (CASBS) and the Stanford Center for Human Rights and International Justice, the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, the Humboldt-Potsdam-Berlin Senior Fellowship, the East-West Center in Honolulu, the Grotius Fellowship at University of Michigan Law School, and the National University of Singapore's Asian Law Institute Fellowship. Desierto has served Visiting Professor appointments at the University of Paris-Nanterre X Faculty of Law, University of the Philippines College of Law Graduate Program at Bonifacio Global City, the University of Navarre Faculty of Law in Spain, and Universidad Panamericana Faculty of Law in Mexico City.
Desierto holds JSD and LLM degrees from Yale Law School, as well as JD cum laude class salutatorian and BSc Economics summa cum laude class valedictorian degrees from the University of the Philippines, and was a former Yale Law clerk at the International Court of Justice for H.E. Judges Bruno Simma and Bernardo Sepulveda-Amor. She authored and/or edited several books, such as Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012, recipient of the Ambrose Gherini Prize in International Law at Yale Law), Public Policy in International Economic Law: The ICESCR in Trade, Investment and Finance (Oxford University Press, 2015), ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market (with D. Cohen, Routledge, 2020), The International Legal System: Cases and Materials (8th Edition, with M.E. O'Connell, N. Roht-Arriaza, and D. Bradlow, 2022), as well as, to date, around 180 law review articles, book chapters, essays, and book reviews with leading international law journals and publishers in the United States, Europe, and Asia. She is a member of the Institute of Transnational Arbitration Academic Council, the UNCITRAL Academic Forum on Investor-State Dispute Settlement Reform, the 2019 Hague Rules on Business and Human Rights Arbitration Drafting Team, Co-Chair of the Oxford Investment Claims Summer Academy, and has been recognized repeatedly by Who's Who Legal as one of the Future Leaders in Arbitration. The 2020 ND Women Lead featured Desierto here.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Director, International Legal Studies Program, Vanderbilt Law School
Michael Newton is an expert on terrorism, accountability, transnational justice, and conduct of hostilities issues. Over the course of his career, he has published more than 90 books, articles, op-eds and book chapters. He has been an expert witness in terrorism related trials and is admitted to the counsel list of the International Criminal Court, where, in 2018, he helped prepare the appeal of Jean-Pierre Bemba and participated in oral arguments in the Appeals Chamber. At Vanderbilt, he developed and teaches the innovative International Law Practice Lab, which provides expert assistance to judges, lawyers, legislatures, governments, and policy makers around the world. Professor Newton is most recently the editor of The United States Department of Defense Law of War Manual: Commentary and Critique, forthcoming from Cambridge University Press.
An authority on the law of armed conflict, Professor Newton served as the senior adviser to the Ambassador-at-Large for War Crimes Issues in the U.S. State Department from January 1999 to August 2002, during which he implemented a wide range of policy positions, including U.S. support to accountability mechanisms worldwide. He negotiated the “Elements of Crimes” for the International Criminal Court, and was the senior member of the team teaching international law to the first group of Iraqis who began to think about accountability mechanisms and a constitutional structure in November 2000. He shuttled to Baghdad repeatedly to aid international and Iraqi lawyers and jurists in drafting the Statute of the Iraqi High Tribunal while serving as the International Law Adviser to the Judicial Chambers from 2006 to 2008. He began assisting Iraqi officials, victims and civil society groups on legal issues associated with documentation and investigation of crimes committed by Da’esh on Iraqi soil days after Yazidi victims fled towards Mount Sinjar. He was the U.S. representative on the U.N. Planning Mission for the Sierra Leone Special Court and a founding member of its academic consortium. He is an elected member of the International Institute of Humanitarian Law and on the expert roster of Justice Rapid Response. In addition to teaching the Practice Lab, he develops and coordinates externships and educational opportunities for students interested in international legal issues, having supervised more than 150 such opportunities.
Professor Newton has served on the executive council of the American Society of International Law and as an invited expert for the Genocide Prevention Task Force established by the U.S. Holocaust Memorial Museum and the U.S. Institute of Peace. He is currently on the Advisory Board of the ABA International Criminal Court Project.
Professor Newton served in the U.S. Army more than 21 years, beginning with his commission from the U.S. Military Academy in May 1984 as an armor officer in the 4th Battalion, 68th Armor at Fort Carson, Colorado. After his selection for the Funded Legal Education Program, Newton served as chief of operational law with the Army Special Forces Command (Airborne) during Operation Desert Storm, and as the group judge advocate for the 7th Special Forces Group (Airborne). His deployments include Northern Iraq on Operation Provide Comfort to assist Kurdish civilians, and Haiti with 194th Armored Brigade (Separate), where he organized and led human rights and rules of engagement education for multinational forces, including police. He has taught international and operational law at the Judge Advocate General's School and Center in Charlottesville, Virginia, and taught international law at the United States Military Academy at West Point.
Research Fellow, CATO Institute
Sahar Khan is a defense and foreign policy research fellow at the Cato Institute. Her research interests include state‐sponsored militancy/terrorism, counterterrorism policies, anti‐terrorism legal regimes, and private military and security contractors. Khan focuses on U.S. foreign policy in South Asia and Africa. She is also the editor at Inkstick Media.
Khan holds a PhD in political science from the University of California, Irvine; an MPP from the Harris School of Public Policy at the University of Chicago; and a BA in economics, international studies, and politics and government from Ohio Wesleyan University.
Director, South Asia Institute, Wilson Center
Michael Kugelman is the South Asia Institute Director at the Woodrow Wilson Center, where he is responsible for research, programming, and publications on the region. His main specialty is Pakistan, India, and Afghanistan and U.S. relations with each of them. Mr. Kugelman writes monthly columns for Foreign Policy’s South Asia Channel and monthly commentaries for War on the Rocks. He also contributes regular pieces to the Wall Street Journal’s Think Tank blog. He has published op-eds and commentaries in the New York Times, Los Angeles Times, Politico, CNN.com, Bloomberg View, The Diplomat, Al Jazeera, and The National Interest, among others. He has been interviewed by numerous major media outlets including the New York Times, Washington Post, Financial Times, Guardian, Christian Science Monitor, National Geographic, BBC, CNN, NPR, and Voice of America. He has also produced a number of longer publications on South Asia, including the edited volumes Pakistan’s Interminable Energy Crisis: Is There Any Way Out? (Wilson Center, 2015), Pakistan’s Runaway Urbanization: What Can Be Done? (Wilson Center, 2014), and India’s Contemporary Security Challenges (Wilson Center, 2013). He has published policy briefs, journal articles, and book chapters on issues ranging from Pakistani youth and social media to India’s energy security strategy and transboundary water management in South Asia.
Mr. Kugelman received his M.A. in law and diplomacy from the Fletcher School at Tufts University. He received his B.A. from American University’s School of International Service. Follow him on Twitter @michaelkugelman.
Judicial Law Clerk, U.S. District Court for the Southern District of Florida
Nitin is a recent graduate of Cornell Law School. Before his time in Ithaca, he majored in International Studies and Political Science at Johns Hopkins University and focused on power competition in South Asia during his graduate studies at the University of Oxford.
Payson J. Treat Distinguished Research Fellow in Contemporary Asia, Hoover Institution
Michael Auslin, PhD, is the Payson J. Treat Distinguished Research Fellow in Contemporary Asia at the Hoover Institution, Stanford University. A historian by training, he specializes in US policy in Asia and geopolitical issues in the Indo-Pacific region.
Auslin is the author of six books, including Asia’s New Geopolitics: Essays on Reshaping the Indo-Pacific and the best-selling The End of the Asian Century: War, Stagnation, and the Risks to the World's Most Dynamic Region. He is a longtime contributor to the Wall Street Journal and National Review, and his writing appears in other leading publications, including the Financial Times, The Spectator, and Foreign Policy. He comments regularly for US and foreign print and broadcast media.
Previously, Auslin was an associate professor of history at Yale University, a resident scholar at the American Enterprise Institute, and a visiting professor at the University of Tokyo. He is a fellow of the Royal Historical Society, the senior advisor for Asia at the Halifax International Security Forum, a senior fellow at London’s Policy Exchange, and a senior fellow at the Foreign Policy Research Institute. Among his honors are being named a Young Global Leader by the World Economic Forum, a Fulbright Scholar, and a German Marshall Fund Marshall Memorial Fellow. He serves on the board of the Wilton Park USA Foundation.
Auslin cohosts the podcast "The Pacific Century" with John Yoo, where they broadly address developments in China and Asia. They discuss the latest politics, economics, law, and cultural news, with a focus on US policy in the region.
Payson J. Treat, for whom Auslin’s current Stanford position is named, held the first professorship at an American university in what was then called Far Eastern history, a post created for him at Stanford in 1906.
Senior Public Policy Advisor, Wiley Rein LLP
Nova Daly, an experienced international investment and trade policy professional, has held senior leadership positions at the U.S. Departments of the Treasury and Commerce, the White House, and the U.S. Senate. Drawing on his experience in the management, development, and implementation of the U.S. economic and national security policies and programs, he provides both high-level insight and deep operational experience to help clients navigate the policy and regulatory environment surrounding cross-border business activities, especially through the Committee on Foreign Investment in the United States (CFIUS).
Partner, CFIUS and Foreign Investment Reviews; National Security; International Trade, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Ambassador Gerrish returned to Skadden in 2020 after serving as the deputy U.S. trade representative for Asia, Europe, the Middle East and Industrial Competitiveness. In this role, he formulated and implemented U.S. trade policy for the regions and issues under his purview, led critically important trade negotiations, and developed and executed strategies to address trade barriers and unfair trade practices in countries around the world. In addition, he was responsible for global trade policy in the areas of intellectual property and innovation. Ambassador Gerrish served as lead negotiator for the U.S.-China Economic and Trade Agreement and played a key role in the negotiation or renegotiation of several other major trade agreements, including the U.S.-Japan Trade Agreement, the U.S.-Japan Digital Trade Agreement, the United States-Mexico-Canada Agreement and the U.S.-Korea Free Trade Agreement. From April 2018 to May 2019, Ambassador Gerrish also served as acting president and chairman of the Export-Import Bank of the United States, where he developed and implemented major policy initiatives, including an increased focus on programs to aid small businesses.
Ambassador Gerrish helps clients navigate challenges and barriers in international trade and investment. He advises on the market access opportunities and compliance challenges presented by trade agreements, and counsels clients on how to address market access issues, trade barriers and unfair trade practices that affect their ability to export to, operate within or invest in other countries. He develops strategies for clients to open or maintain international markets for their products or services, and he advocates on their behalf before the U.S. government and foreign governments. Additionally, Ambassador Gerrish advises clients on how best to structure their operations and supply chains to avoid supply chain disruptions and take advantage of current trade agreements and structures.
Ambassador Gerrish also works with clients in ongoing negotiations relating to international trade agreements, including negotiations at the World Trade Organization and for bilateral trade agreements. He advises clients on how such negotiations may affect their interests and operations and helps them to develop and execute strategies for the negotiations.
Another important part of Ambassador Gerrish’s practice is working closely with clients in matters involving U.S. export controls and U.S. customs laws and regulations. He has helped a broad array of clients in handling compliance issues, interpreting the scope and applicability of the requirements in these areas, developing and implementing company compliance programs, and resolving internal investigations and government enforcement matters.
Ambassador Gerrish has extensive experience assisting companies in complex antidumping, countervailing duty and safeguards cases and in other high-stakes trade disputes before the U.S. government and foreign governments and international institutions. He has litigated hundreds of cases before the U.S. Department of Commerce, U.S. International Trade Commission, U.S. Court of International Trade, U.S. Court of Appeals for the Federal Circuit, North American Free Trade Agreement binational panels and World Trade Organization dispute settlement panels. In addition, Ambassador Gerrish works with clients on national security investigations under Section 232 of the Trade Expansion Act of 1962 and in investigations into unfair trade policies and practices before the U.S. Trade Representative’s Office under Section 301 of the Trade Act of 1974. He has achieved highly successful outcomes for clients in these matters in industries ranging from steel to geosynthetics.
Ambassador Gerrish also assists clients in navigating national security reviews before the Committee on Foreign Investment in the United States (CFIUS). In this capacity, he draws upon his experience at the U.S. Trade Representative’s Office, where he advised on CFIUS reviews and helped to formulate the regulations and policies implementing the Foreign Investment Risk Review Modernization Act.
Ambassador Gerrish is a frequent speaker on international trade topics. He also was previously appointed (and reappointed) by the chief judge of the U.S. Court of International Trade to serve as a member of the court’s Rules Advisory Committee, and he served as co-chair of the International Trade Committee and a board member of the Customs and International Trade Bar Association. Ambassador Gerrish repeatedly has been selected for inclusion in The Best Lawyers in America.
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.
2025 National Security and AI Symposium
Washington, DCInternational and National Security Law: Engage or Disengage: How Should the Next United States Administration Interact with the International Criminal Court and International Court of Justice?
Stephanos Bibas, Charles Nelson Brower, Diane A. Desierto, Richard A. Epstein, Michael A. Newton
As international courts have addressed issues arising from the Ukraine-Russia and Israel-Hamas wars, we will...
Topics
AUKUS Nuclear Information Safeguards – More Than Just Export Controls
The Australia-United Kingdom-United States (AUKUS) trilateral agreement has real potential to be a force multiplier...
Pakistan at a Crossroads: Ports, Courts, and Power Games
Sahar Khan, Michael Kugelman, Nitin R. Nainani
Pakistan finds itself in yet another multi-faceted crisis. In response to numerous economic challenges, including...
China Policy and the Pacific Trade Pact
Michael R. Auslin, Nova Daly, Jeffrey Gerrish, Jeremy A. Rabkin
President Trump declined to join the Trans-Pacific Trade Partnership but many of China’s neighbors (with...
Topics
Upping the Ante: Biden’s Indo-Pacific Strategy Carries on Trump’s Legacy
Earlier this year, I wrote about the striking similarities between President Biden’s China strategy and...