CEO & Founder, Learned Hand
Raymond & Miriam Ehrlich Eminent Scholar Chair in US Constitutional Law, University of Florida Levin College of Law
Lyrissa Lidsky is the Raymond & Miriam Ehrlich Eminent Scholar Chair in U.S. Constitutional Law at Florida Law. She previously served as Dean of the University of Missouri School of Law from 2017-2022. The focus of her research and teaching is the intersection of Tort Law and the First Amendment, with an emphasis on defamation and free speech issues in social media. Missouri Lawyers Media named Lidsky its 2020 Woman of the Year based on her scholarship, passion for law, mentorship of students, and engagement of constituencies supporting the school of law.
Before becoming dean at Missouri, Lidsky served in a variety of leadership roles at UF Law, including as associate dean for graduate and international programs and associate dean for faculty development. She also held the Stephen C. O’Connell Chair in Law and received a number of teaching awards during her 23-year tenure at UF, including student-selected awards such as Teacher of the Year (twice) and Faculty Graduation Speaker (three times), as well as Teacher of the Year, which was selected by a faculty committee.
Lidsky is co-reporter on the Restatement of Defamation and Privacy, which is now in progress. She is co-author of a leading Media Law casebook, a First Amendment casebook, and a reference book on press freedom and has published dozens of articles, culminating in a forthcoming article in the Virginia Law Review, co-authored with Professor Christina Koningisor, called First Amendment Disequilibrium. Her work on anonymous speech has been cited by a number of state supreme courts and the highest courts of Canada and Hong Kong.
Before becoming a law professor, Lidsky served as a clerk for the Honorable Joseph T. Sneed of the United States Court of Appeals for the Ninth Circuit in San Francisco, Calif. Lidsky received her law degree from the University of Texas School of Law with high honors. She was initiated into Order of the Coif in recognition of her scholastic achievement and served as articles editor of the Texas Law Review. Before law school, she was a Fulbright Scholar at Cambridge University in England, studying medieval legal history and early development of the Common Law. She received her bachelor’s degree, summa cum laude, in English and political science from Texas A&M University.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
CEO & Founder, Learned Hand
Raymond & Miriam Ehrlich Eminent Scholar Chair in US Constitutional Law, University of Florida Levin College of Law
Lyrissa Lidsky is the Raymond & Miriam Ehrlich Eminent Scholar Chair in U.S. Constitutional Law at Florida Law. She previously served as Dean of the University of Missouri School of Law from 2017-2022. The focus of her research and teaching is the intersection of Tort Law and the First Amendment, with an emphasis on defamation and free speech issues in social media. Missouri Lawyers Media named Lidsky its 2020 Woman of the Year based on her scholarship, passion for law, mentorship of students, and engagement of constituencies supporting the school of law.
Before becoming dean at Missouri, Lidsky served in a variety of leadership roles at UF Law, including as associate dean for graduate and international programs and associate dean for faculty development. She also held the Stephen C. O’Connell Chair in Law and received a number of teaching awards during her 23-year tenure at UF, including student-selected awards such as Teacher of the Year (twice) and Faculty Graduation Speaker (three times), as well as Teacher of the Year, which was selected by a faculty committee.
Lidsky is co-reporter on the Restatement of Defamation and Privacy, which is now in progress. She is co-author of a leading Media Law casebook, a First Amendment casebook, and a reference book on press freedom and has published dozens of articles, culminating in a forthcoming article in the Virginia Law Review, co-authored with Professor Christina Koningisor, called First Amendment Disequilibrium. Her work on anonymous speech has been cited by a number of state supreme courts and the highest courts of Canada and Hong Kong.
Before becoming a law professor, Lidsky served as a clerk for the Honorable Joseph T. Sneed of the United States Court of Appeals for the Ninth Circuit in San Francisco, Calif. Lidsky received her law degree from the University of Texas School of Law with high honors. She was initiated into Order of the Coif in recognition of her scholastic achievement and served as articles editor of the Texas Law Review. Before law school, she was a Fulbright Scholar at Cambridge University in England, studying medieval legal history and early development of the Common Law. She received her bachelor’s degree, summa cum laude, in English and political science from Texas A&M University.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
CEO & Founder, Learned Hand
Raymond & Miriam Ehrlich Eminent Scholar Chair in US Constitutional Law, University of Florida Levin College of Law
Lyrissa Lidsky is the Raymond & Miriam Ehrlich Eminent Scholar Chair in U.S. Constitutional Law at Florida Law. She previously served as Dean of the University of Missouri School of Law from 2017-2022. The focus of her research and teaching is the intersection of Tort Law and the First Amendment, with an emphasis on defamation and free speech issues in social media. Missouri Lawyers Media named Lidsky its 2020 Woman of the Year based on her scholarship, passion for law, mentorship of students, and engagement of constituencies supporting the school of law.
Before becoming dean at Missouri, Lidsky served in a variety of leadership roles at UF Law, including as associate dean for graduate and international programs and associate dean for faculty development. She also held the Stephen C. O’Connell Chair in Law and received a number of teaching awards during her 23-year tenure at UF, including student-selected awards such as Teacher of the Year (twice) and Faculty Graduation Speaker (three times), as well as Teacher of the Year, which was selected by a faculty committee.
Lidsky is co-reporter on the Restatement of Defamation and Privacy, which is now in progress. She is co-author of a leading Media Law casebook, a First Amendment casebook, and a reference book on press freedom and has published dozens of articles, culminating in a forthcoming article in the Virginia Law Review, co-authored with Professor Christina Koningisor, called First Amendment Disequilibrium. Her work on anonymous speech has been cited by a number of state supreme courts and the highest courts of Canada and Hong Kong.
Before becoming a law professor, Lidsky served as a clerk for the Honorable Joseph T. Sneed of the United States Court of Appeals for the Ninth Circuit in San Francisco, Calif. Lidsky received her law degree from the University of Texas School of Law with high honors. She was initiated into Order of the Coif in recognition of her scholastic achievement and served as articles editor of the Texas Law Review. Before law school, she was a Fulbright Scholar at Cambridge University in England, studying medieval legal history and early development of the Common Law. She received her bachelor’s degree, summa cum laude, in English and political science from Texas A&M University.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
CEO & Founder, Learned Hand
Raymond & Miriam Ehrlich Eminent Scholar Chair in US Constitutional Law, University of Florida Levin College of Law
Lyrissa Lidsky is the Raymond & Miriam Ehrlich Eminent Scholar Chair in U.S. Constitutional Law at Florida Law. She previously served as Dean of the University of Missouri School of Law from 2017-2022. The focus of her research and teaching is the intersection of Tort Law and the First Amendment, with an emphasis on defamation and free speech issues in social media. Missouri Lawyers Media named Lidsky its 2020 Woman of the Year based on her scholarship, passion for law, mentorship of students, and engagement of constituencies supporting the school of law.
Before becoming dean at Missouri, Lidsky served in a variety of leadership roles at UF Law, including as associate dean for graduate and international programs and associate dean for faculty development. She also held the Stephen C. O’Connell Chair in Law and received a number of teaching awards during her 23-year tenure at UF, including student-selected awards such as Teacher of the Year (twice) and Faculty Graduation Speaker (three times), as well as Teacher of the Year, which was selected by a faculty committee.
Lidsky is co-reporter on the Restatement of Defamation and Privacy, which is now in progress. She is co-author of a leading Media Law casebook, a First Amendment casebook, and a reference book on press freedom and has published dozens of articles, culminating in a forthcoming article in the Virginia Law Review, co-authored with Professor Christina Koningisor, called First Amendment Disequilibrium. Her work on anonymous speech has been cited by a number of state supreme courts and the highest courts of Canada and Hong Kong.
Before becoming a law professor, Lidsky served as a clerk for the Honorable Joseph T. Sneed of the United States Court of Appeals for the Ninth Circuit in San Francisco, Calif. Lidsky received her law degree from the University of Texas School of Law with high honors. She was initiated into Order of the Coif in recognition of her scholastic achievement and served as articles editor of the Texas Law Review. Before law school, she was a Fulbright Scholar at Cambridge University in England, studying medieval legal history and early development of the Common Law. She received her bachelor’s degree, summa cum laude, in English and political science from Texas A&M University.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Raoul Berger Professor of Legal History at Northwestern University School of Law
Stephen Presser is a leading American legal historian and expert on shareholder liability for corporate debts. He is frequently an invited witness before committees of the U.S. Senate and House of Representatives on issues of constitutional law. He holds a joint appointment with the J. L. Kellogg Graduate School of Management and also teaches in Northwestern's history department.
*Russell W. Hasan is a New York attorney. He is a graduate of Vassar College and an Honors graduate of the University of Connecticut School of Law. He writes for Liberty Magazine and also maintains a website of libertarian informationalresources. He welcomes emails at russhasan@gmail.com and he tweets at@RussHasan
*Dr. Ron D. Katznelson is the President of Bi-Level Technologies, a signal processing technology startup company in Encinitas, CA. He is a technologist, an inventor named on 23 U.S. patents, entrepreneur, an intellectual property development and management expert, and an independent scholar of the patent system. He serves on the IP Committee of IEEE-USA and is a member of the San Diego Intellectual Property Association. He can be reached at ron@bileveltech.com.
Large Libel Models? When Do AI Hallucinations Become Defamation?
Shlomo Klapper, Lyrissa Lidsky, Eugene Volokh
When an AI system fabricates damaging claims about a real person, is the AI company...
Large Libel Models? When Do AI Hallucinations Become Defamation?
Shlomo Klapper, Lyrissa Lidsky, Eugene Volokh
When an AI system fabricates damaging claims about a real person, is the AI company...
Large Libel Models? When Do AI Hallucinations Become Defamation?
Shlomo Klapper, Lyrissa Lidsky, Eugene Volokh
When an AI system fabricates damaging claims about a real person, is the AI company...
Large Libel Models? When Do AI Hallucinations Become Defamation?
Shlomo Klapper, Lyrissa Lidsky, Eugene Volokh
When an AI system fabricates damaging claims about a real person, is the AI company...
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Topics
Remembrance of Ken Starr
The legal profession and the American people have lost a figure of towering intellect, patriotism,...
Should the “Hollow Core” of Constitutional Theory Be Filled with the Framers’ Intentions?
Stephen B. Presser
A Review of The Hollow Core of Constitutional Theory: Why We Need the Framers, by...
Topics
Principles and Restatements: Is the American Law Institute Jumping the Shark?
The American Law Institute was formed in 1923 by such legal luminaries as Chief Justice...
Winning the Copyright War: Copyright’s Merger Doctrine and Natural Rights Theory as Solutions to the Problem of Reconciling Copyright and Free Speech
Russell Hasan
I. Introduction A. Overview Concerns that the enforcement of copyright law might conflict with First...
The America Invents Act May Be Constitutionally Infirm if It Repeals the Bar Against Patenting After Secret Commercial Use
Ron Katznelson
Note from the Editor: This paper analyzes the constitutionality of the new conditions for patentability...