Associate Professor, Northern Illinois University
Evan Bernick joined the NIU Law faculty in 2021. He teaches courses in constitutional law, criminal law, criminal procedure, administrative law and legislation.
From 2020 to 2021, Professor Bernick was a visiting professor at the Georgetown University Law Center and the executive director of the Georgetown Center for the Constitution. Before that, he served as a clerk to Judge Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit. From April 2017 to April 2019, he was a visiting lecturer at Georgetown and a resident fellow of the Center for the Constitution.
His scholarship covers a range of topics, from constitutional law, to philosophy of law, to social movements, to law enforcement. He has published with the Georgetown Law Journal, the Notre Dame Law Review, the William and Mary Law Review and the George Mason Law Review, among other journals. His book, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021), with Randy E. Barnett, was published by Harvard University Press under its Belknap imprint "for books of long-lasting importance, superior in scholarship and physical production, chosen whether or not they might be profitable."
Professor Bernick received his bachelor's degree in 2008 from the University of Chicago, where he studied philosophy and graduated with honors. He received his juris doctorate in 2011 from the University of Chicago Law School.
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
G. Edward White joined the Virginia law faculty in 1972 after a clerkship with Chief Justice Earl Warren of the Supreme Court of the United States and a year as visiting scholar at the American Bar Foundation. He was appointed John B. Minor Professor of Law and History in 1987, and held that chair until 2003, when he became David and Mary Harrison Distinguished Professor of Law. In 1992, he was appointed to a University Professorship, which he held until 2003. From 1990 until 1992 and from 2001-03, he was the Sullivan & Cromwell Research Professor; from 1994-97 the E. James Kelly Research Professor; and from 1999-2001 the Class of 1963 Research Professor. He has held visiting appointments at New York Law School, William & Mary School of Law, Brooklyn Law School, Arizona College of Law, the London School of Economics and Political Science, and Harvard Law School. He has been a Guggenheim Fellow, and twice a senior fellow of the National Endowment for the Humanities. He is a fellow of the American Academy of Arts & Sciences, a fellow of the Society of American Historians, and a member of the American Law Institute.He received the Roger and Madeleine Traynor Faculty Achievement Award in 2008.
White's 14 published books have won numerous honors and awards. These include final listing for the Pulitzer Prize in history, the Silver Gavel Award from the American Bar Association, the James Willard Hurst Prize from the Law & Society Association, the Littleton-Griswold Prize from the American Historical Association, the Scribes Award and the Association of American Law Schools' Triennial Coif Award. White's books have garnered 15 such honors and awards since 1976.
White was editor of the Studies in Legal History series for the North Carolina Press from 1980-85, and advisor on law manuscripts for Oxford University Press from 1986-96. He was on the editorial board of the Virginia Quarterly Review from 1980-2002. He has served on the Commission for Undergraduate Education in Law and the Humanities, and has taught summer humanities seminars for lawyers and judges under the auspices of the National Endowment for the Humanities.
White has delivered several endowed lectures, including the inaugural John Marshall Lecture, sponsored by the Boston Bar Association; the inaugural Jerome Hall Lecture at Hastings College of Law; the Swinford Lecture, sponsored by the University of Kentucky School of Law and the Kentucky Bar Association; the Keck Lecture at Amherst College, the Rosenthal Lectures at Northwestern University School of Law; the Neesima Lectures at Doshisha University, Japan; the Fulton Lecture at the University of Chicago School of Law and the Knowlton Distinguished Lecture at the University of South Carolina School of Law. His most recent lecture was the 2010 Hendricks Law and History Lecture at Washington & Lee Law School.
White's 1996 book, Creating the National Pastime: Baseball Transforms Itself, 1903-1953, reflects his life-long participation and interest in athletics. He lettered in four sports in college, formerly coached the Charlottesville High School girls soccer team, and has won a number of state- and citywide tournaments in doubles squash.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
G. Edward White joined the Virginia law faculty in 1972 after a clerkship with Chief Justice Earl Warren of the Supreme Court of the United States and a year as visiting scholar at the American Bar Foundation. He was appointed John B. Minor Professor of Law and History in 1987, and held that chair until 2003, when he became David and Mary Harrison Distinguished Professor of Law. In 1992, he was appointed to a University Professorship, which he held until 2003. From 1990 until 1992 and from 2001-03, he was the Sullivan & Cromwell Research Professor; from 1994-97 the E. James Kelly Research Professor; and from 1999-2001 the Class of 1963 Research Professor. He has held visiting appointments at New York Law School, William & Mary School of Law, Brooklyn Law School, Arizona College of Law, the London School of Economics and Political Science, and Harvard Law School. He has been a Guggenheim Fellow, and twice a senior fellow of the National Endowment for the Humanities. He is a fellow of the American Academy of Arts & Sciences, a fellow of the Society of American Historians, and a member of the American Law Institute.He received the Roger and Madeleine Traynor Faculty Achievement Award in 2008.
White's 14 published books have won numerous honors and awards. These include final listing for the Pulitzer Prize in history, the Silver Gavel Award from the American Bar Association, the James Willard Hurst Prize from the Law & Society Association, the Littleton-Griswold Prize from the American Historical Association, the Scribes Award and the Association of American Law Schools' Triennial Coif Award. White's books have garnered 15 such honors and awards since 1976.
White was editor of the Studies in Legal History series for the North Carolina Press from 1980-85, and advisor on law manuscripts for Oxford University Press from 1986-96. He was on the editorial board of the Virginia Quarterly Review from 1980-2002. He has served on the Commission for Undergraduate Education in Law and the Humanities, and has taught summer humanities seminars for lawyers and judges under the auspices of the National Endowment for the Humanities.
White has delivered several endowed lectures, including the inaugural John Marshall Lecture, sponsored by the Boston Bar Association; the inaugural Jerome Hall Lecture at Hastings College of Law; the Swinford Lecture, sponsored by the University of Kentucky School of Law and the Kentucky Bar Association; the Keck Lecture at Amherst College, the Rosenthal Lectures at Northwestern University School of Law; the Neesima Lectures at Doshisha University, Japan; the Fulton Lecture at the University of Chicago School of Law and the Knowlton Distinguished Lecture at the University of South Carolina School of Law. His most recent lecture was the 2010 Hendricks Law and History Lecture at Washington & Lee Law School.
White's 1996 book, Creating the National Pastime: Baseball Transforms Itself, 1903-1953, reflects his life-long participation and interest in athletics. He lettered in four sports in college, formerly coached the Charlottesville High School girls soccer team, and has won a number of state- and citywide tournaments in doubles squash.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
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.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Jacob D. Fuchsberg Professor of Law, New York University School of Law
Professor Friedman is one of the country’s leading authorities on constitutional law and the federal courts. He is a prolific scholar, working at the intersections of law, politics and history. Friedman teaches a wide variety of courses including Constitutional Law, Federal Courts, and Criminal Procedure. He writes extensively about judicial review, constitutional law and theory, federal jurisdiction and judicial behavior. His scholarship appears regularly in the nation’s top law and peer-edited reviews. He is the author of widely-recognized The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution (Farrar, Strauss & Giroux, 2009), which examines the history of the relationship between popular opinion and the Supreme Court, from 1776 to the present. Along with his co-author Stephen Burbank, Friedman co-edited and contributed to Judicial Independence at the Crossroads: An Interdisciplinary Approach, which questions common assumptions about the nature of judicial independence and how it can be protected. The book has been cited and relied upon countless times by scholars and policymakers alike. Professor Friedman is a frequent contributor to the nation's leading journals, both on-line and print. His work has appeared in The New York Times, Salon, The Los Angeles Times, Politico andThe New Republic, among others.
Professor Friedman is a frequent speaker at events of all sorts. Given the interdisciplinary nature of his work, Professor Friedman regularly appears at conferences in law, political science and history. He is a founder and co-convener of the “roughly biennial” Constitutional Theory Conference. He organizes many multi-disciplinary conferences, including one on Modeling Law, and another – done under the auspices of the American Constitution Society – on Reconstruction: America’s Second Founding. He presents papers regularly at home and abroad. He has been a visiting scholar and lecturer at the Rockefeller Foundation Study and Conference Center in Bellagio, Italy, the Groupe d’Etudes et de Recherches sur law Justice Constitutionnelle Aix-en-Provence, Sciences-Po in Aix-en-Provence, and Hong Kong University.
Professor Friedman regularly serves as a litigator or litigation consultant in a variety of matters in the federal and state courts. He has represented a wide range of clients, both public and private. Notably, he represents both civil liberties claimants and state and local governments. He has been active in the areas of reproductive rights, the jurisdictional allocation of cases between the federal and state courts, and the proper scope of the federal government’s commerce power. He has filed a number of amicus briefs with the U.S. Supreme Court.
Actively engaged in a range of important service activities, at NYU Professor Friedman created the Academic Careers Program and founded and is now co-director of the Furman Academic Program. Both programs are dedicated to preparing young scholars for academic careers. In the past he was extensively involved with the American Judicature Society, was President of the Tennessee Civil Liberties Union, served on the Board of the State and Local Legal Center, and on the steering committee of New York University’s Institute for Law and Society. He recently completed a term as Vice Dean of New York University School of Law.
Professor Friedman graduated from the University of Chicago and received his law degree magna cum laude from Georgetown University Law Center. He clerked for the Honorable Phyllis A. Kravitch of the U.S. Court of Appeals for the 11th Circuit and also worked as a litigation associate at Davis, Polk & Wardwell in Washington D.C. He was a professor at Vanderbilt Law School before joining the NYU faculty in 2000. In 1995 he won the Clarence Darrow Award from the ACLU of Tennessee for his work in defense of civil liberties.
J.D., Georgetown University Law Center, 1982
B.A., University of Chicago, 1978
Former Judge, U.S. Court of Appeals, DC Circuit
Robert Heron Bork served as Solicitor General, acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit. Judge Bork passed away in December 2012.
Tribute to Judge Robert Bork by John McGinnis - Event Audio/Video
Celebration of the Life of Robert Heron Bork 1927-2012
Judge Robert H. Bork: His Life and Legacy - Practice Group Podcast
A Conference Discussing the Contributions of Judge Robert H. Bork - June 26, 2007
Founder and Director, James Wilson Institute on Natural Rights & the American Founding
Hadley Arkes joined the faculty of Amherst College in 1966. He became the Edward Ney Professor of Jurisprudence in 1987, and held that chair until he retired officially in July 2015. But he has not retired from writing and speaking. He has carried that teaching into a new phase; he has become the Founder and Director of the James Wilson Institute on Natural Rights and the American Founding in Washington, D.C. He has written eight books, mostly with Princeton and Cambridge University Presss. Among the books at Princeton have been: The Philosopher in the City (1981), First Things (1986), Beyond the Constitution (1990), and The Return of George Sutherland (1994). With Cambridge Press he has done Natural Rights and the Right to Choose (2002), and Constitutional Illusions & Anchoring Truths: The Touchstone of the Natural Law (2010). His most recent book, with Regnery Press is Mere Natural Law (2023) His articles have appeared in professional journals, but apart from his writing in more scholarly formats, he has become known to a wider audience through his writings in the Wall Street Journal, National Review, Civitas and First Things, a journal that took its name from his book of that title.
He was the main advocate, and architect, of the bill that became known as the Born-Alive Infants’ Protection Act. The account of his experience, in moving the bill through Congress, is contained as an epilogue or memoir in his book, Natural Rights & the Right to Choose. Arkes first prepared his proposal as part of the debating kit assembled for the first George Bush in 1988. The purpose of that proposal was to offer the “most modest first step” of all in legislating on abortion, and opening a conversation even with people who called themselves “pro-choice.” Professor Arkes proposed to begin simply by preserving the life of a child who survived an abortion–contrary to the holding of one federal judge, that such a child was not protected by the laws. Professor Arkes led the testimony on the bill before the Judiciary Committee of the U.S. House in July 2000, then again in July 2001. The legislative calendar was upended in the aftermath of September 11th, but in March 2002, the bill was brought to the floor of the House, where it passed unanimously. To the surprise of Professor Arkes, the bill was brought to the floor of the Senate on July 18 by the Deputy Majority Leader, Harry Reid, and passed in the same way. On August 5, President Bush signed the bill into law with Professor Arkes in attendance.
Professor Arkes was the founder, at Amherst, of the Committee for the American Founding, a group of alumni and students seeking to preserve, at Amherst, the doctrines of “natural rights” taught by the American Founders and Lincoln. That interest has been carried over now to the founding of a new center for the jurisprudence of natural law, in Washington, D.C.: the James Wilson Institute on Natural Rights and the American Founding, named for one of the premier minds among the American Founders. Professor Arkes has drawn to this project a cluster of accomplished federal judges who have wanted to get a firmer hold on the natural law, and brought them together with some gifted teachers of philosophy and law. The new institute will be sponsoring lectures and seminars in Washington and other parts of the country. The purpose of this new James Wilson Institute is to teach anew, to lawyers, judges, and students those principles of law that furnished the guide to the American Founders as they set about framing a Constitution. And the hope is to restore, to a new generation, the furnishings of mind of the men who formed this regime.
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
G. Edward White joined the Virginia law faculty in 1972 after a clerkship with Chief Justice Earl Warren of the Supreme Court of the United States and a year as visiting scholar at the American Bar Foundation. He was appointed John B. Minor Professor of Law and History in 1987, and held that chair until 2003, when he became David and Mary Harrison Distinguished Professor of Law. In 1992, he was appointed to a University Professorship, which he held until 2003. From 1990 until 1992 and from 2001-03, he was the Sullivan & Cromwell Research Professor; from 1994-97 the E. James Kelly Research Professor; and from 1999-2001 the Class of 1963 Research Professor. He has held visiting appointments at New York Law School, William & Mary School of Law, Brooklyn Law School, Arizona College of Law, the London School of Economics and Political Science, and Harvard Law School. He has been a Guggenheim Fellow, and twice a senior fellow of the National Endowment for the Humanities. He is a fellow of the American Academy of Arts & Sciences, a fellow of the Society of American Historians, and a member of the American Law Institute.He received the Roger and Madeleine Traynor Faculty Achievement Award in 2008.
White's 14 published books have won numerous honors and awards. These include final listing for the Pulitzer Prize in history, the Silver Gavel Award from the American Bar Association, the James Willard Hurst Prize from the Law & Society Association, the Littleton-Griswold Prize from the American Historical Association, the Scribes Award and the Association of American Law Schools' Triennial Coif Award. White's books have garnered 15 such honors and awards since 1976.
White was editor of the Studies in Legal History series for the North Carolina Press from 1980-85, and advisor on law manuscripts for Oxford University Press from 1986-96. He was on the editorial board of the Virginia Quarterly Review from 1980-2002. He has served on the Commission for Undergraduate Education in Law and the Humanities, and has taught summer humanities seminars for lawyers and judges under the auspices of the National Endowment for the Humanities.
White has delivered several endowed lectures, including the inaugural John Marshall Lecture, sponsored by the Boston Bar Association; the inaugural Jerome Hall Lecture at Hastings College of Law; the Swinford Lecture, sponsored by the University of Kentucky School of Law and the Kentucky Bar Association; the Keck Lecture at Amherst College, the Rosenthal Lectures at Northwestern University School of Law; the Neesima Lectures at Doshisha University, Japan; the Fulton Lecture at the University of Chicago School of Law and the Knowlton Distinguished Lecture at the University of South Carolina School of Law. His most recent lecture was the 2010 Hendricks Law and History Lecture at Washington & Lee Law School.
White's 1996 book, Creating the National Pastime: Baseball Transforms Itself, 1903-1953, reflects his life-long participation and interest in athletics. He lettered in four sports in college, formerly coached the Charlottesville High School girls soccer team, and has won a number of state- and citywide tournaments in doubles squash.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Differing Levels of Scrutiny for Economic Regulations: "Anything Goes" Rational Basis v. Rational Basis "With Bite"
Recently, the South Carolina Supreme Court issued a decision striking down a state law that...
Topics
"Uncommonly Silly"—and Correctly Decided: The Right and Wrong of Griswold v. Connecticut and Why It Matters Today
It is one of the Supreme Court’s most consequential and controversial decisions, and no one should...
Lochner v. New York – Does it Still need Rehab? The Longstanding Controversy Over Protecting Liberty via the Fourteenth Amendment
West Palm BeachBook Review: The Right to Try
Evan D. Bernick
Note from the Editor: This book review discusses the controversial concept of the constitutional “right...
America Is Exceptional—For Now
American exceptionalism—and America is exceptional—is a result of the Scottish Enlightenment, the waves of immigration...
Constitutional Illusions & Anchoring Truths: The Touchstone of the Natural Law
Panel I: Economic Theory, Civic Virtue and the Meaning of the Constitution
James W. Ely, Renée Lettow Lerner, G. Brinton Lucas, Nelson Lund, G. Edward White, J. Harvie Wilkinson
Justice Holmes' dissent in Lochner v. New York is well-known for the statement, "[A] constitution is not...
Panel I: Economic Theory, Civic Virtue and the Meaning of the Constitution
James W. Ely, Renée Lettow Lerner, G. Brinton Lucas, Nelson Lund, G. Edward White, J. Harvie Wilkinson
Justice Holmes' dissent in Lochner v. New York is well-known for the statement, "[A] constitution is not...
Panel I: Economic Theory, Civic Virtue and the Meaning of the Constitution
2011 National Student Symposium
Charlottesville, VAForum on Judge Bork's Article: "Individual Liberty and the Constitution"
Jeremy A. Rabkin, Roger Pilon, Steven G. Calabresi, Barry Friedman, Robert H. Bork
In a recent article in "The American Spectator" Judge Bork set out some thoughts on individual liberty and...