Bruce C. Hafen Professor of Law, Brigham Young University, J. Reuben Clark Law School
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
In 1994, Professor of Law Michael I. Krauss became the law school's first recipient of the university's "Teacher of the Year" award for his engaging and challenging approach in the classroom. Born in the United States but raised in Canada, Professor Krauss speaks legalese in two languages. He earned his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School, where he was a Commonwealth Scholar. He was Columbia University's Law and Economics Fellow in 1981. He has been teaching at George Mason since 1987 and also has taught at the law schools of Seattle University, the University of Toronto, and the Université de Sherbrooke.
Hired as a law clerk by Justice Louis-Philippe Pigeon of Canada's Supreme Court, Professor Krauss practiced law for Quebec City's largest law firm before entering academia. He also served for five years on Québec's Human Rights Commission. A Salvatori Fellow of the Heritage Foundation and an academic fellow of the Foundation for the Defense of Democracies, Professor Krauss sits on the advisory boards of several think tanks. He served as president of the Virginia Association of Scholars and on the Board of Governors of the Education Section of the Virginia State Bar, and is currently a member of the Board of Governors of the National Association of Scholars.
Professor Krauss teaches Torts, Legal Ethics and Jurisprudence, and has a strong interest in national security issues. His research on torts and ethics is nationally known. He co-authored the first edition of Legal Ethics in a Nutshell in May 2003. This book digests the Model Rules in an engaging and often critical fashion. The second edition was published in 2006. Professor Krauss is now under contract with West Publications to produce an innovative textbook on Products Liability in late 2008.
Professor Krauss received his B.A. cum laude from Carleton University, his LL.B. summa cum laude from the Université de Sherbrooke, and his LL.M. from Yale Law School.
Clinical Professor of Law, Dale E. Fowler School of Law, Chapman University
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Kansas Securities Commissioner
Aaron Jack, J.D., M.B.A., is the Kansas Securities Commissioner, a position he was appointed to by Kansas Governor Sam Brownback in 2011. Aaron was previously the West-Central Zone Director for New York Life where his 3,200 registered representatives produced over $1.5 billion in sales annually. Aaron was the first director in the history of New York Life to raise $1 billion in new assets for the company's investment management subsidiary, NYLIM.
Professor of Political Science, University of Pittsburgh
Chris W. Bonneau is Professor of Political Science at the University of Pittsburgh, where he has been since 2002. His research is primarily in the areas of judicial selection (specifically, judicial elections) and judicial decisionmaking. Professor Bonneau’s work has been supported by the National Science Foundation and he has published numerous articles, including in the American Journal of Political Science and Journal of Politics. He is also the coauthor of three books: Strategic Behavior and Policy Choice on the U.S. Supreme Court (2005), In Defense of Judicial Elections (2009), and the award-winning Voters’ Verdicts: Citizens, Campaigns, and Institutions in State Supreme Court Elections (2015).
Professor Bonneau teaches undergraduate classes in constitutional law, judicial politics, and research methods, as well as graduate classes in judicial politics and research design.
Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
Professor of Law, Case Western Reserve University School of Law
Professor Dent taught law at New York University, Cardozo, and the New York Law School before joining the faculty in 1990. Earlier he had clerked for Judge Paul R. Hays of the U.S. Court of Appeals, Second Circuit, and practiced corporate law in New York with Debevoise, Plimpton, Lyons & Gates. He teaches Business Associations, Mergers and Acquisitions, and Business Planning and is the faculty supervisor for the Business Organizations Concentration. He has published many articles on corporate and securities law, including “Academics in Wonderland: The Team Production and Director Primacy Models of Corporate Governance,” Houston Law Review (2008); “Corporate Governance: Still Broke, No Fix in Sight,” Journal of Corporation Law (2005); “Lawyers and Trust in Business Alliances,” Business Lawyer (2002); and “Gap Fillers and Fiduciary Duties in Strategic Alliances,” The Business Lawyer (2001). He also writes on law and religion, as in “Civil Rights for Whom: Gay Rights Versus Religious Freedom,” University of Kentucky Law Journal (2006-07); and “How Does Same-Sex Marriage Threaten You?,” Rutgers Law Review (2007). Mr. Dent serves as a director of the National Association of Scholars and as president of the Ohio Association of Scholars. He serves as an officer of Cleveland Chapter of the Federalist Society. He heads the Law Section of the Association for the Study of Free Institutions. He is chairman of the Ohio State Advisory Committee to the U.S. Commission on Civil Rights.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
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.
“Conscience Exemptions”
Lynn Wardle
Note from the Editor: This paper discusses the meaning, history, and present application of conscience...
Virginia Supreme Court Expands Wrongful Discharge Cause of Action
Michael I. Krauss
In Van Buren v. Grubb,1 the Virginia Supreme Court ruled for the first time that...
Can States Require Proof of Citizenship for Voter Registration?--Arizona v. Inter Tribal Council of Arizona
Anthony (Tom) Caso
Introduction This term the Court will hear a case examining a perceived clash between state...
Testimony on the "Democracy Restoration Act"
Roger B. Clegg
Note from the Editor: This paper is based on testimony given by the author before...
The Economic Freedom Amendment: A States-Based Response to the Nationalizing Effects of Bailouts and Federal Ownership of Corporate Stock
Aaron Jack
Note from the Editor: This paper discusses a proposed state constitutional amendment that would deny...
Mitt Romney and Judicial Selection
Visible Children: How Do We Make Education Better in America?
A Survey of Empirical Evidence Concerning Judicial Elections
Chris W. Bonneau
The election of state judges is a controversial topic. Consider, for example, this quote from...
The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers
Kent D. Talbert, Robert S. Eitel
Note from the Editor: This paper examines the U.S. Department of Education’s administration of the...
Perry v. Schwarzenegger: Is Traditional Marriage Unconstitutional?
George W. Dent
Note from the Editor: This article and the article in this issue by Mark Strasser...