Samuel Candler Dobbs Professor of Economics Emeritus, Emory University
Paul H. Rubin is the Samuel Candler Dobbs Professor of Economics Emeritus in the Economics Department of Emory University and a former Professor of Law and Economics at the School of Law. He served as editor-in-chief of Managerial and Decision Economics. In addition, he is associated with the Mont Peleron Society, the Independent Institute, and the American Enterprise Institute, and a Fellow of the Public Choice Society and former President of the Southern Economics Association. Professor Rubin was Senior Economist at the Council of Economic Advisers under President Reagan, Chief Economist at the U.S. Consumer Product Safety Commission, Director of Advertising Economics at the Federal Trade Commission, and Vice-President of Glassman-Oliver Economic Consultants, Inc., a litigation consulting firm in Washington. He has taught economics at the University of Georgia, City University of New York, VPI, and law and economics at George Washington University Law School. Professor Rubin has written or edited several books, and has published over one hundred articles and chapters on economics, law, and regulation.
Much of Professor Rubin's writing is in law and economics, with a focus on tort, crime and contract issues. His areas of research interest include law and economics, industrial organization, transaction cost economics, government and business, public choice, regulation and price theory, and evolution and economics. His work has been cited in the professional literature over 11,100 times. He has consulted widely on litigation related matters, and has addressed numerous business, professional, policy and academic audiences. He has testified three times before Congress, and has served as an advisor on tort issues to the Congressional Budget Office.
Professor Rubin is the author of the well known paper "Why Is the Common Law efficient?" Journal of Legal Studies, 1977, which has been reprinted eight times, in English, Spanish and French.
President, Society for the Rule of Law
George T. Conway III has been a partner in the Litigation Department of Wachtell, Lipton, Rosen & Katz since January 1994. He joined the firm in September 1988. His litigation experience has included a variety of high-profile matters spanning many areas of law in federal and state courts throughout the country. He has extensive experience in securities litigation, mergers and acquisitions litigation, contract litigation, antitrust litigation, and other litigation, both at the trial and appellate levels.
In the area of securities litigation, he recently briefed and argued the case for respondents in Morrison v. National Australia Bank, in which the Supreme Court of the United States held that Section 10(b) of the Securities Exchange Act of 1934 does not apply extraterritorially to claims of so-called "foreign-cubed" plaintiffs -- foreign investors who purchased securities of foreign issuers on foreign exchanges. He also recently argued and won a precedent-setting motion to dismiss so-called "foreign-squared" claims against European Aeronautic Defence & Space Co. brought by American plaintiffs who purchased that foreign company's shares on foreign exchanges.
Mr. Conway also recently argued and won an important appeal under the Visual Artists Rights Act of 1990 on behalf of the Swiss installation artist Christoph Büchel in the artist’s highly publicized dispute with the Massachusetts Museum of Contemporary Art. He also successfully represented the Chief Judge of the State of New York and the New York Unified Court System in historic constitutional litigation over the State of New York’s extended failure to adjust judicial salaries. Mr. Conway also played a substantial role in the successful defense of Kenneth Langone’s Invemed Associates in a disciplinary proceeding before the NASD (now FINRA) that resulted in what the New York Times called a "withering," "high-profile defeat" for the regulators.
Mr. Conway’s work in mergers and acquisitions litigation includes the representation of Rohm and Haas Co. and ADVO, Inc., in, respectively, Rohm and Haas v. Dow Chemical Co., and Valassis Communications v. ADVO, two Delaware Chancery Court cases involving claims to enforce merger agreements, as well as two historic cases in the development of Delaware corporate law governing mergers and acquisitions, QVC v. Paramount Communications and Paramount Communications v. Time Inc. and Warner Communications, in addition to many other cases involving contests for corporate control in the Delaware courts and elsewhere over the past two decades.
In addition, Mr. Conway played a substantial role in prosecuting one of the most prominent defamation cases in recent memory (Philip Morris v. American Broadcasting Cos.). He has extensive experience in merger-related private antitrust litigation and government antitrust investigations, including the defense of Cardinal Health in the preliminary injunction proceedings before the United States District Court for the District of Columbia in FTC v. Cardinal Health. He also represented the National Football League in trademark and antitrust litigation against the Dallas Cowboys in NFL Properties v. Dallas Cowboys Football Club. His pro bono work includes his successful representation in the Second Circuit of crime victims and public-interest groups as amici curiae in opposing claims that federal law requires the State of New York to allow felons to vote while still incarcerated.
Mr. Conway is a graduate of Harvard College, where in 1984 he received an A.B. magna cum laude in biochemical sciences. He received his J.D. in 1987 from Yale Law School, where he was an editor of the Yale Law Journal. In 1987 and 1988, he served as a law clerk to Circuit Judge Ralph K. Winter, Jr. of the United States Court of Appeals for the Second Circuit.
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).
Judge, United States Court of Appeals, Ninth Circuit
Kenneth Kiyul Lee is a judge on the U.S. Court of Appeals for the Ninth Circuit. He was appointed in June 2019 and is based in San Diego, California.
Prior to his appointment, he was a partner at the law firm of Jenner & Block in Los Angeles. Judge Lee previously served as an Associate Counsel to President George W. Bush and as Special Counsel to Senator Arlen Specter, then-chair of the Senate Judiciary Committee. He started his legal career at Wachtell, Lipton, Rosen & Katz in New York.
Judge Lee received his J.D. from Harvard Law School, magna cum laude, and his A.B. from Cornell University, summa cum laude. He clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit.
Partner, Clement & Murphy, PLLC
Paul served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years.
Paul has argued over 100 cases before the United States Supreme Court, including McConnell v. FEC, Tennessee v. Lane, United States v. Booker, MGM v. Grokster, Hobby Lobby v. Burwell, Epic Systems Corp. v. Lewis, Rucho v. Common Cause, Facebook v. Duguid, and TransUnion v. Ramirez. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He has also argued many important cases in the lower courts, including Walker v. Cheney, United States v. Moussaoui and NFL v. Brady.
Paul’s practice focuses on appellate matters, constitutional litigation and strategic counseling. He represents a broad array of clients in the Supreme Court and in federal and state appellate courts. Last year, for example, he successfully argued Supreme Court cases involving significant issues of energy regulation, statutory interpretation, state sovereign immunity and Article III standing, and successfully argued a trademark appeal in the Fourth Circuit, and a constitutional appeal before the en banc Eleventh Circuit.
Paul focuses on high-stakes appeals. In recent years, he successfully defended a $1.2 billion jury verdict for clients in a Tenth Circuit case, while securing the reversal of an over $2 billion jury verdict for another client in the Seventh Circuit and the approval of a nearly $1 billion dollar class action settlement in the Third Circuit. He has initiated major administrative law challenges and constitutional litigation against the federal government, such as the successful challenge to the HHS drug-pricing rule and threatened challenges that led to the withdrawal of the Treasury Department’s proposed cryptocurrency regulations. He also counsels clients on a variety of strategic legal questions, whether arising from pending legislation, government inquiries or ongoing litigation.
Paul has undertaken substantial pro bono engagements in the Supreme Court, such as twice successfully representing the defendant in Bond v. United States and successfully representing the Omaha Tribe in Nebraska v. Parker, the guardian ad litem in Adoptive Couple v. Baby Girl, the defendant in Sekhar v. United States, a high school football coach in Kennedy v. Bremerton, and the Little Sisters of the Poor. Paul’s pro bono representation also precipitated the federal government’s confession of error in United States v. Rojas.
Following law school, Paul clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. After his clerkships, he went on to serve as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, Federalism and Property Rights.
Paul is a Distinguished Lecturer in Law at the Georgetown University Law Center, where he has taught in various capacities since 1998. He also serves as a Senior Fellow of the Law Center’s Supreme Court Institute. He is the Justice Joseph Story Distinguished Practitioner in Residence at the Gray Center at Scalia Law School.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
President, Society for the Rule of Law
George T. Conway III has been a partner in the Litigation Department of Wachtell, Lipton, Rosen & Katz since January 1994. He joined the firm in September 1988. His litigation experience has included a variety of high-profile matters spanning many areas of law in federal and state courts throughout the country. He has extensive experience in securities litigation, mergers and acquisitions litigation, contract litigation, antitrust litigation, and other litigation, both at the trial and appellate levels.
In the area of securities litigation, he recently briefed and argued the case for respondents in Morrison v. National Australia Bank, in which the Supreme Court of the United States held that Section 10(b) of the Securities Exchange Act of 1934 does not apply extraterritorially to claims of so-called "foreign-cubed" plaintiffs -- foreign investors who purchased securities of foreign issuers on foreign exchanges. He also recently argued and won a precedent-setting motion to dismiss so-called "foreign-squared" claims against European Aeronautic Defence & Space Co. brought by American plaintiffs who purchased that foreign company's shares on foreign exchanges.
Mr. Conway also recently argued and won an important appeal under the Visual Artists Rights Act of 1990 on behalf of the Swiss installation artist Christoph Büchel in the artist’s highly publicized dispute with the Massachusetts Museum of Contemporary Art. He also successfully represented the Chief Judge of the State of New York and the New York Unified Court System in historic constitutional litigation over the State of New York’s extended failure to adjust judicial salaries. Mr. Conway also played a substantial role in the successful defense of Kenneth Langone’s Invemed Associates in a disciplinary proceeding before the NASD (now FINRA) that resulted in what the New York Times called a "withering," "high-profile defeat" for the regulators.
Mr. Conway’s work in mergers and acquisitions litigation includes the representation of Rohm and Haas Co. and ADVO, Inc., in, respectively, Rohm and Haas v. Dow Chemical Co., and Valassis Communications v. ADVO, two Delaware Chancery Court cases involving claims to enforce merger agreements, as well as two historic cases in the development of Delaware corporate law governing mergers and acquisitions, QVC v. Paramount Communications and Paramount Communications v. Time Inc. and Warner Communications, in addition to many other cases involving contests for corporate control in the Delaware courts and elsewhere over the past two decades.
In addition, Mr. Conway played a substantial role in prosecuting one of the most prominent defamation cases in recent memory (Philip Morris v. American Broadcasting Cos.). He has extensive experience in merger-related private antitrust litigation and government antitrust investigations, including the defense of Cardinal Health in the preliminary injunction proceedings before the United States District Court for the District of Columbia in FTC v. Cardinal Health. He also represented the National Football League in trademark and antitrust litigation against the Dallas Cowboys in NFL Properties v. Dallas Cowboys Football Club. His pro bono work includes his successful representation in the Second Circuit of crime victims and public-interest groups as amici curiae in opposing claims that federal law requires the State of New York to allow felons to vote while still incarcerated.
Mr. Conway is a graduate of Harvard College, where in 1984 he received an A.B. magna cum laude in biochemical sciences. He received his J.D. in 1987 from Yale Law School, where he was an editor of the Yale Law Journal. In 1987 and 1988, he served as a law clerk to Circuit Judge Ralph K. Winter, Jr. of the United States Court of Appeals for the Second Circuit.
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).
Judge, United States Court of Appeals, Ninth Circuit
Kenneth Kiyul Lee is a judge on the U.S. Court of Appeals for the Ninth Circuit. He was appointed in June 2019 and is based in San Diego, California.
Prior to his appointment, he was a partner at the law firm of Jenner & Block in Los Angeles. Judge Lee previously served as an Associate Counsel to President George W. Bush and as Special Counsel to Senator Arlen Specter, then-chair of the Senate Judiciary Committee. He started his legal career at Wachtell, Lipton, Rosen & Katz in New York.
Judge Lee received his J.D. from Harvard Law School, magna cum laude, and his A.B. from Cornell University, summa cum laude. He clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
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.
Wendy Keefer is an attorney at Barnwell, Whaley, Patterson, and Helms in Charleston, SC.
Former Governor, Massachusetts
Former Massachusetts Governor Mitt Romney has been widely recognized for his leadership and accomplishments as a public servant and in private enterprise.
Elected in 2002, Governor Romney presided over a dramatic reversal of state fortunes and a period of sustained economic expansion. Without raising taxes or increasing debt, Governor Romney balanced the budget every year of his administration, closing a $3 billion budget gap inherited when he took office. By eliminating waste, streamlining the government, and enacting comprehensive economic reforms to stimulate growth in Massachusetts, Romney got the economy moving again and transformed deficits into surpluses.
At the beginning of Governor Romney's term, Massachusetts was losing thousands of jobs every month. Today, the unemployment rate is lower, hundreds of companies have expanded or moved to Massachusetts and the state has added approximately 60,000 jobs in the last two years.
One of Governor Romney's top priorities was reforming the education system so that young people could compete for good paying jobs in the global economy of the future. In 2004, Governor Romney established the John and Abigail Adams Scholarship Program to reward the top 25 percent of Massachusetts high school students with a four-year, tuition-free scholarship to any Massachusetts public university or college. He has also championed a package of education reforms, including merit pay, an emphasis on math and science instruction, important new intervention programs for failing schools and English immersion for foreign-speaking students.
In 2006, Governor Romney proposed and signed into law a private, market-based reform that ensures every Massachusetts citizen will have health insurance, without a government takeover and without raising taxes.
Governor Romney was elected to the Chairmanship of the Republican Governors Association by his fellow Governors for the 2006 election cycle, and raised a record $27 million for candidates running in State House contests around the country.
Romney first gained national recognition for his role in turning around the 2002 Winter Olympics. With the 2002 Games mired in controversy and facing a financial crisis, Romney left behind a successful career as an entrepreneur to take over as President and CEO of the Salt Lake Organizing Committee.
Governor Romney has said he felt compelled to assume the seemingly impossible task of rescuing the Games by both the urgings of his wife, Ann, and by the memory of his father, George Romney, who had been a successful businessman, three-term Governor of Michigan, and a tireless advocate of volunteerism in America.
In his three years at the helm in Salt Lake, Romney erased a $379 million operating deficit, organized 23,000 volunteers, galvanized community spirit and oversaw an unprecedented security mobilization just months after the September 11th attacks, leading to one of the most successful Olympics in our country's history.
Prior to his Olympic service, Mitt Romney enjoyed a successful career helping businesses grow and improve their operations. From 1978 to 1984, Mr. Romney was a Vice President at Bain & Company, Inc., a leading management consulting firm. In 1984, Romney founded Bain Capital, one of the nation's most successful venture capital and investment companies. Bain Capital helped launch hundreds of companies on a successful course, including Staples, Bright Horizons Family Solutions, Domino's Pizza, Sealy, Brookstone, and The Sports Authority. He was asked to return to Bain & Company as CEO several years later in order to lead a financial restructuring of the organization. Today, Bain & Company employs more than 2,000 people in 25 offices worldwide.
Governor Romney has been deeply involved in community and civic affairs, serving extensively in his church and numerous charities including City Year, the Boy Scouts, and the Points of Light Foundation. He was also the Republican nominee for U.S. Senate in 1994.
State Consumer Protection Statutes: A Boon or Bane for Consumers? - Event Audio
Dwight Golann, Paul H. Rubin, Deirdre Cummings, Brian G. Leary, John Roddy
Enacted as a state counterpart to the Federal Trade Commission Act, 15 U.S.C. §45, the...
The Debate Over Felon Voting
George T. Conway, Roger B. Clegg, George ConwayI, Kenneth Kiyul Lee
Today, from the bluest of the blue to the reddest of the red, almost every...
A Supreme Court Preview: What's on Tap for the 2006-07 Term - Event Audio
Paul D. Clement
United States Solicitor General Paul D. Clement gave a preview of the 2006-07 term of...
Same-Sex Marriage in the State Courts
John Shu
Gay marriage litigation continues to occur in several states. In the first half of 2006,...
The Case Against Felon Voting
George T. Conway, Roger B. Clegg, George ConwayI, Kenneth Kiyul Lee
Today, from the bluest of the blue to the reddest of the red, almost every...
Expanding State Constitutional Rights in Criminal Law
Publius
The Supreme Court of Wisconsin has issued a series of decisions in its 2004-2005 term...
Address by Governor Mitt Romney
2005 National Lawyers Convention
Washington, DCRecent State Cases Largely Support Property Rights
Publius
The state courts have continued to issue environmental law and property rights cases. Some support...
Recent Developments in State Corporate Criminalization
Publius
Following the recent spate of corporate accounting scandals, popular attention has focused on legislative responses...
New Limit on Punitive Damages? A Look At State Farm v. Campbell
Wendy Keefer
In April of 2003, the United States Supreme Court again undertook to define what limits...