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.
Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz Colleg, The Ohio State University
Professor Shane came to Ohio State in 2003 from Carnegie Mellon University's H. John Heinz III School of Public Policy and Management. He is an internationally recognized scholar in administrative law, with a specialty in separation of powers law, and has co-authored leading casebooks on each subject. He has served on the faculty at the University of Iowa College of Law and was dean at the University of Pittsburgh School of Law.
In addition to his outstanding law teaching and scholarship, Professor Shane has received a National Science Foundation grant for interdisciplinary study related to cyberspace and democracy. At Ohio State, he provides strong leadership in interdisciplinary scholarship and teaching.
Professor from Practice, Georgetown University Law Center
Knight Professor of Constitutional Law and the First Amendment, Yale Law School
Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. He is the founder and director of Yale’s Information Society Project, an interdisciplinary center that studies law and new information technologies. He also directs the Abrams Institute for Freedom of Expression, and the Knight Law and Media Program at Yale. Professor Balkin is a member of the American Academy of Arts and Sciences, and founded and edits the group blog Balkinization (http://balkin.blogspot.com/). He is the author of over 100 articles and the author or editor of eleven books. His scholarship ranges over many different subjects, including constitutional theory, technology and Internet law, freedom of speech, jurisprudence, cultural evolution, the theory of ideology, and musical and legal interpretation. His most recent books are Democracy and Dysfunction (University of Chicago Press, 2019)(with Sanford Levinson); Living Originalism (Harvard, Belknap Press, 2011), and Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press 2011).
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Robert S. Stevens Professor of Law, Cornell Law School
Michael C. Dorf, the Robert S. Stevens Professor of Law at Cornell Law School, has been teaching law since 1992. He has authored or co-authored six books and over one hundred scholarly articles and essays for law journals and peer-reviewed science and social science journals. He also frequently writes for non-lawyers. In addition to occasional contributions to The New York Times, USA Today, CNN.com, The Los Angeles Times, and other wide-circulation publications, Professor Dorf has been writing a bi-weekly column since 2000 and publishes a popular blog, Dorf on Law. He received his undergraduate and law degrees from Harvard. After law school, Dorf served as a law clerk for Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit and then for Justice Anthony M. Kennedy of the U.S. Supreme Court. He has worked with several law firms and maintains an active pro bono practice mostly consisting of writing Supreme Court briefs. Before joining the Cornell faculty, Professor Dorf taught at Rutgers-Camden Law School for three years and at Columbia Law School for thirteen years.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Associate, Jones Day
Tara Fumerton has a broad range of experience in complex civil litigation, intellectual property law, and corporate internal investigations. Tara has litigated cases in state and federal courts involving class actions, fraud, federal and state False Claims Acts, RICO, patent litigation, and nationwide federal cases consolidated by the Judicial Panel on Multidistrict Litigation (so-called "MDL" cases). For several years, she has represented pharmaceutical companies in lawsuits throughout the country brought by private and government plaintiffs dealing with Medicare, Medicaid, and private insurance reimbursement. With respect to intellectual property law, her experience has primarily involved patent litigation involving semiconductors and semiconductor processing technologies. She also has represented a number of individual and corporate clients in internal and criminal investigations on a diverse range of topics. She has significant experience in managing complex discovery matters; taking, defending, and preparing witnesses for depositions; working with experts; and arguing motions before the court. In addition, she has drafted countless motions of all kinds in state and federal court, including mandamus petitions before the Texas Supreme Court.
Tara is a member of the Illinois Bar Association and The Chicago Bar Association.
Vice President and Legal Director, National Right to Work Legal Defense and Education Foundation, Inc.
William Messenger is Foundation Vice President and Legal Director. He was a staff attorney for over twenty years and, during that time, represented individuals in numerous cases that sought to expand worker freedom of choice. This includes acting as lead counsel in three cases before the United States Supreme Court. In 2018, Messenger argued Janus v. AFSCME Council 31, where the Supreme Court held it violates the First Amendment for governments and unions to compel individuals to financially support unions and their speech. Originally from Youngstown Ohio, Messenger attended Ohio University as an undergraduate and then the George Washington University School of Law.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Partner, Proskauer Rose LLP
Steven Krane joined Proskauer upon his graduation from New York University School of Law in 1981, taking a year off in 1984-85 to serve as law clerk to Judge Judith S. Kaye of the New York Court of Appeals. He became a partner in the Litigation and Dispute Resolution Department in 1989, and is the chair of the firm’s Law Firm Advisory Practice Group, concentrating in the field of legal ethics and professional responsibility, while continuing to represent commercial clients in a broad range of civil litigation matters.
Steven represents law firms and individual lawyers in a variety of professional matters, including rendering opinions and counseling them on a daily basis on a broad range of professional matters including conflicts of interest, client confidentiality, cross-border legal practice issues, partnership disputes, and internal investigations. In addition, he defends law firms in litigated proceedings involving legal malpractice and other civil claims; represents individual lawyers before grievance and disciplinary committees; and assists lawyers in disputes concerning admission to the Bar. He has served as a litigation consultant and expert witness testifying on a variety of issues such as conflicts of interest, litigation conduct, legal malpractice, billing disputes, and solicitation of clients by lawyers leaving a law firm.
Steven is among the nation’s leaders in developing and interpreting the rules governing the professional conduct of lawyers. He is chair of the American Bar Association’s Standing Committee on Ethics and Professional Responsibility, and has served on that committee since 2004. He has led the New York State Bar Association's Committee on Standards of Attorney Conduct, and its predecessor, since 1995. That committee is responsible for formulating the ethical rules governing New York lawyers. He served as a member of the NYSBA Committee on Professional Ethics for four years (1990-94), and spent nine of the 11 years from 1985 to 1996 associated in various capacities with the Committee on Professional and Judicial Ethics of the New York City Bar, including three years as the chair (1993-96). He was recently appointed by Chief Judge Kaye as co-chair of the New York Judicial Institute on Professionalism in the Law. He served as vice-chair of the NYSBA Special Committee on the Law Governing Firm Structure and peration (the “MacCrate Committee”), and chaired the successor to that committee, the Special Committee on Multidisciplinary Practice.
Steven has had a distinguished career as a bar leader outside of the field of legal ethics as well, most notably serving as President of the NYSBA in 2001-02; the youngest person to hold that post. He coordinated the efforts of the organized bar in responding to the terrorist attacks of September 11, 2001; initiated the NYSBA’s successful lawsuit against the Federal Trade Commission challenging the application of the Gramm-Leach-Bliley Act’s privacy provisions to the legal profession (serving as counsel to the NYSBA in the District of Columbia Circuit and as a member of the ABA’s Gramm-Leach-Bliley Task Force); and created and now chairs the Student Loan Assistance for the Public Interest program, which provides grants to lawyers in public interest jobs to help them defray their educational debts. Active in the community, he is a member of the Board of Directors of the Friends of the John Jay Homestead (Katonah, NY) and a Trustee of the New York Bar Foundation.
Steven is active in the development of law and policy relating to cross-border legal practice, and serves as one of the principal negotiators for the ABA and NYSBA in their efforts to achieve agreements with foreign governments to liberalize restrictions on lawyers engaged in international practice. In that regard, he chairs the NYSBA Special Committee on Crossborder Legal Practice; is a vice-chair of the NYSBA Section on International Law and Practice; and Liaison to International Bar Associations; and is an Advisor to the ABA Task Force on International Trade in Legal Services.
Steven served as a Hearing Panel Chair for both the Departmental Disciplinary Committee for the First Judicial Department (1996-99) and the Committee on Grievances of the United States District Court for the Southern District of New York (1995-2000). He currently serves as a Special Referee for the Grievance Committee for the Ninth Judicial District (Second Department) in New York.
For several years, Steven taught legal ethics at Columbia University School of Law as a member of its adjunct faculty. He continues to be a frequent lecturer on ethics, and has written extensively on issues of professional responsibility.
Robert S. Stevens Professor of Law, Emeritus, Cornell Law School
Executive Privilege
Richard A. Epstein, Peter M. Shane, Martin S. Lederman, Jack M. Balkin, Charles J. Cooper, Michael C. Dorf
Last month, the House and Senate Judiciary Committees issued five congressional subpoenas directing the production...
Washington Supreme Court Upholds Talk Show Hosts’ Right to Free Speech
Andrew Cook
In San Juan County, et al v. No New Gas Tax, the Washington Supreme Court...
New Trend in Illinois Supreme Court Rulings?
Tara A. Fumerton
In December 2006, the American Tort Reform Foundation released its 2006 list of “Judicial Hellholes,”...
Pre-recognition Agreements: Can Employers Lawfully Acquire Contractual Control Over the Future Representative of Their Employees Under § 8(A)(2) of the NLRA?
William L. Messenger
Consider a hypothetical. An attorney enters into contract with a company. The company agrees to...
Florida Supreme Court Allows Assignment of Legal Malpractice Claim to Third Party Plaintiff
Publius
In Cowan Liebowitz & Latman, P.C., v. Kaplan,1 the Florida Supreme Court decided whether a...
Engage Volume 6, Issue 1, May 2005
ADMINISTRATIVE LAW & REGULATION Supreme Court Decision: Regulatory Takings by Louis K. Fisher & Esther...
Eminent Domain in Minnesota
Tonetta Dove
The Minnesota Court of Appeals has affirmed a landowner’s constitutional right to judicial review of...
Extraterritorial Application of State Antitrust Law (Texas)
Publius
In a recent opinion affirming a jury verdict against The Coca-Cola Company and several Coca-Cola...
After the 1999 Code Amendments: The Future of Ethics
Steven C. Krane
On July 14, 1999, the presiding Justices of the Appellate Division of the New York...
Why Central Bank Should be Overruled
Roger C. Cramton
The lawyer’s primary function is to counsel and assist clients in conduct that is “within...