Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Partner, Baker & Hostetler LLP
Lee A. Casey focuses on federal environmental, constitutional and international law and Alien Tort Statute issues. He also advises clients on compliance issues under the Foreign Corrupt Practices Act (FCPA), U.S. trade sanctions regimes, and federal ethics requirements. Mr. Casey’s practice includes federal, district and appellate court litigation, as well as matters before federal agencies. Prior to joining BakerHostetler, Mr. Casey was an associate with Hunton & Williams, practicing in international, environmental and constitutional law. From 2004 through 2007 he served as an member of the United Nations Subcommission on the Promotion and Protection of Human Rights.
From 1986 to 1993, Mr. Casey served in various capacities in the federal government, including the Office of Legal Policy (1986-90) and the Office of Legal Counsel (1992-93) at the U.S. Department of Justice and served as Deputy Associate General Counsel at the U.S. Department of Energy (1990-92). The Office of Legal Counsel is responsible for advising the Attorney General and the White House on issues of constitutional law and statutory interpretation. The Office of Legal Policy served as a strategic “think tank” for the Reagan Justice Department and was responsible for reviewing candidates for appointments to the federal bench.
Before joining the government in 1986, Mr. Casey was an associate in the Los Angeles firm of Mitchell, Silberberg & Knupp, practicing in the litigation section, with an emphasis on copyright, contract and First Amendment issues. From 1984 to 1985, Mr. Casey served as Law Clerk to the Honorable Alex Kozinski, then Chief Judge of the United States Claims Court. From 1982 to 1984, he practiced at the Detroit firm of Dykema Gossett, focusing on corporate, securities, commercial and intellectual property litigation, and from 1990 through 1994, he served as an Adjunct Professor of Law at George Mason University School of Law in Arlington, Virginia.
Among the chapters, articles and papers that Mr. Casey has authored or co-authored are: “International Law and the Nation-State at the U.N.,” Reclaiming the Language of Freedom at the United Nations: A Guide for U.S. Policymakers, The Heritage Foundation (2006) (with David B. Rivkin, Jr.); “The Dangerous Myth of Universal Jurisdiction,” A Country I Do Not Recognize (ed. Robert H. Bork) (2005) (with David B. Rivkin, Jr.); “Leashing the Dogs of War,” The National Interest (Fall 2003) (with David B. Rivkin, Jr.); “The Limits of Legitimacy: The Rome Statute’s Unlawful Application to Non-State Parties,” 44 Va.J.Int’l L. 63 (Fall 2003) (with David B. Rivkin, Jr.); “Devil’s Advocates: The Danger of Judging Lawyers By Their Clients,” Policy Review (Feb. and Mar. 2002) (with David B. Rivkin, Jr.); “The Case Against the International Criminal Court,” 25 Fordham Int’l L.J. 840 (2002); “Europe in the Balance: The Alarmingly Undemocratic Drift of the European Union,” Policy Review (June and July 2001) (with David B. Rivkin Jr.); “Against an International Criminal Court,” Commentary, May 1998 (with David B. Rivkin, Jr.); “Federalism (Cont’d.),” Commentary, December 1996 (with David B. Rivkin, Jr.); “Presidents and War Powers: Another View,” Common Sense, Winter 1996 (with David B. Rivkin, Jr.); “How Binding Are Contracts?” The American Enterprise, Nov./Dec. 1993 (with David B. Rivkin, Jr.); and “Pirate Constitutionalism: An Essay in Self-Government,” 8 J. of L. & Politics 477 (1992).
Mr. Casey is a member of the California, Michigan and District of Columbia Bar Associations.
Professor, The Ohio State University
Professor Cornell has written A Well Regulated Militia: The Founding Fathers and the Origins of Gun Control in America and The Other Founders: Anti-Federalism and the Dissenting Tradition in America, 1788-1828. He has also published Whose Right to Bear Arms Did the Second Amendment Protect? part of the Bedford Book's "Historians At Work" series. He has written articles in the Journal of American History, American Studies, William and Mary Quarterly, William and Mary Law Review,Constitutional Commentary, and others. His book reviews have appeared in the Journal of the Early Republic, Reviews in American History, and many others. Prof. Cornell is a co-author of a forthcoming textbook, Visions of America: A History of the American Nation.
His first book won the Society of the Cincinnati Prize and was a Choice Outstanding Book. His most recent book won the 2006 Langum Prize in legal history. He has been a National Endowment for the Humanities Postdoctoral Fellow at the Institute of Early American History and Culture. He has held an NEH fellowship and ACLS fellowship. He has delivered invited lectures at Oxford University, Columbia University, Duke, NYU Law School, UCLA Law School, Stanford Law School, and Vanderbilt University Law School. He has presented papers at meetings of the American Historical Association, the American Society of Legal History, the American Studies Association, the Organization of American Historians, and many others. He has published editorials in the New York Times and the Detroit Free Press, and appeared on PBS, C-SPAN, and Fox and Friends
He has a strong interest in teaching with technology. He has written about new media in the AHA's Perspectivesand is on the Board of Advisers of Pearson's website, The History Place. He has guest blogged on the Oxford University Press Blog and at Balkinization.
Beauchamp Brogan Distinguished Professor of Law, University of Tennessee College of Law
Professor Reynolds is one of the most prolific scholars on the UT faculty. His special interests are law and technology and constitutional law issues and his work has appeared in a wide variety of publications, including the Columbia Law Review, the Virginia Law Review, the University of Pennsylvania Law Review, the Wisconsin Law Review, the William and Mary Law Review, the Southern California Law Review, the Harvard Journal of Law and Technology, The Columbia Human Rights Law Review, Law and Policy in International Business, Jurimetrics, the Journal of Space Law, and the High Technology Law Journal. Professor Reynolds has also written in the New York Times, the Washington Post, The Atlantic, the Washington Times, the Los Angeles Times, Road & Track, Urb, and the Wall Street Journal, as well as other popular publications. He was for many years a contributing editor at Popular Mechanics magazine, and today writes a regular column for USA Today. He is the co-author of Outer Space: Problems of Law and Policy, and The Appearance of Impropriety: How the Ethics Wars Have Undermined American Government, Business, and Society. His most recent books are The Social Media Upheaval, The Judiciary’s Class War, and The New School: How the Information Age Will Save American Education from Itself.
Professor Reynolds has testified before Congressional committees on space law, international trade, and domestic terrorism. He has been executive chairman of the National Space Society and a member of the White House Advisory Panel on Space Policy. A member of the UT faculty since 1989, Professor Reynolds has received the Harold C. Warner Outstanding Faculty Scholarship Award in W. Allen Separk Outstanding Faculty Scholarship Award, and the Carden Award for Outstanding Scholarship.
A songwriter and producer for such bands as Mobius Dick, The Nebraska Guitar Militia, and The Defenders Of The Faith, Professor Reynolds is a member of the American Society of Composers and Performers and a former member of the National Academy of Recording Arts and Sciences.
Professor Reynolds blogs at InstaPundit.com.
Vice President, Brady Center to Prevent Gun Violence
Dennis A. Henigan is the Vice President of the Brady Center to Prevent Gun Violence and Founder of its Legal Action Project. He is the author of Lethal Logic: Exploding the Myths that Paralyze American Gun Policy (Potomac Books 2009).
For twenty years, he has been a leading advocate for stronger gun laws, appearing dozens of times on national television and radio shows, including 60 Minutes, The Today Show, Nightline, Larry King Live and Dateline. He also has written and spoken extensively on liability and constitutional issues relating to gun laws and gun violence, including testifying before several Congressional Committees.
Under his direction, Brady Center lawyers have recovered millions of dollars in damages for gun violence victims, as well as winning precedent-setting decisions on the liability of gun sellers. In 2004, he was named one of the top ten "Lawyers of the Year" by Lawyers' Weekly magazine. His work as a public interest lawyer has been profiled in The New Yorker.
Henigan received his B.A. from Oberlin College in 1973 and his law degree in 1977 from the University of Virginia School of Law. Prior to joining the Brady Center in 1989, he was a partner in the law firm of Foley & Lardner.
Henigan received his B.A. from Oberlin College in 1973 and his law degree in 1977 from the University of Virginia School of Law.
Executive Director, Coalition to Stop Gun Violence
Mr. Horwitz is a graduate of the University of Michigan and received his law degree from the George Washington University. He is currently a visiting scholar at the Johns Hopkins Bloomberg School of Public Health and is working on a book examining the relationship between guns and democracy which will be published by the University of Michigan Press in 2008.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
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.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
SCOTUScast 2-22-08 featuring Richard Epstein
Richard A. Epstein
On February 20, 2008 the Supreme Court decided two cases about federal preemption: Riegel v....
State AGs on Global Warming Litigation
David B. Rivkin, Lee A. Casey
Many state Attorneys General across the country are becoming increasingly involved in global climate change...
Parker v. District of Columbia: DC Gun Ban Case
Saul Cornell, Glenn Reynolds, Dennis A. Henigan, Joshua Horwitz, Alan Gura, Clark Neily
Earlier this year, the U.S. Court of Appeals for the District of Columbia Circuit ruled...
New York, Vermont, Maine, and Maryland AGs on Rite Aid Divestiture
Recently, the Attorneys General of New York, Vermont, Maine, and Maryland announced that, as the...
New York and Maine High Courts Review State Financing of Schools
Amber Taylor
In the last year, the highest courts in New York and Maine issued important rulings...
Gay Marriage in the State Courts: New Jersey
Publius
Gay marriage litigation continues to occur in several states. On October 25, 2006 the Supreme...
Bar Watch Bulletin February 2006
Recommendation 108A, sponsored by the Section of Individual Rights and the Council on Racial and...
The Workplace as a Front Line in the War Against Terrorism
Joseph McHugh, Jennifer B. Healey
The Federalist Society takes no position on particular legal or public policy initiatives. All expressions...
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Panel Two: School Choice in the Courts [Archive Collection]
1999 Stranahan National Issues Forum
Toldeo, OH