Howard M. Holtzmann Professor of International Law, Yale Law School
Lea Brilmayer is the Howard M. Holtzmann Professor of International Law at Yale Law School. In addition to teaching Contracts to first-year students, she also teaches Conflict of Laws and International Courts and Tribunals, as well as seminars on the laws of war and on African current affairs. Her degrees include a B.A. in mathematics and a J.D. from the University of California at Berkeley, as well as an LL.M. from Columbia Law School. Brilmayer has taught at a number of different law schools as either a professor or visiting professor, including the University of Texas, the University of Chicago, the University of Michigan, Columbia Law School, Harvard Law School, and the New York University School of Law (where she led a weekly seminar on International Jurisprudence.) She is a member of the Texas and Supreme Court bars. She has given numerous endowed lectures at other American law schools and has also taught twice at the summer session of the Hague Academy of International Law.
During her first decade of teaching, her writing interests mainly concerned conflict of laws (in particular, personal jurisdiction and choice of law); federal jurisdiction; and jurisprudence. Her conflict of laws writings have included one theoretical book on the subject and a leading casebook (in the more recent editions, co-authored with Jack Goldsmith). Together with a group of Yale student contributors, she published An Introduction to Jurisdiction in the American Federal System. Her writings on the conflict of laws have resulted in her being asked on a number of occasions to testify before Congressional committees, most recently on the Full Faith and Credit implications of same sex marriage. More recently, her interests have gradually turned to international law and international relations, and she is frequently cited for her academic writings about nationalism and the international legal status of secessionist movements. Her research in international jurisprudence has also led to two books, Justifying International Acts and American Hegemony: Political Morality in a One-Superpower World.
In addition to her academic interests, Brilmayer carries on an active life in interstate and international adjudication. In addition to contributing to amicus briefs, she has served as counsel of record before the United States Supreme Court and has been an expert consultant on many lower and intermediate appellate court cases. For the last decade she has served as lead counsel in several international public (state-to-state) arbitrations dealing with island sovereignty, maritime delimitation, land boundaries, and mass claims for violations of the laws of war.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
Senior Judge, United States Court of Appeals, Fifth Circuit
Patrick Errol Higginbotham is a federal judge on senior status with the United States Court of Appeals for the 5th Circuit. He joined the court in 1982 after being nominated by President Ronald Reagan.
Contributing Writer, Vanity Fair
Michael Kinsley is a Contributing Writer for Vanity Fair, where his column appears monthly. Over a long career in the media, he has been Managing Editor of the Washington Monthly, Editor of the New Republic, and Editorial and Opinion Editor of the Los Angeles Times. He was the Founding Editor of Slate, one of the first on-line magazines. For over six years Kinsley was the liberal host of Crossfire, a CNN show where he sparred with Pat Buchanan five days a week. He played a similar role for many years with William F. Buckley on PBS’s Firing Line. He has written for The New Yorker, Conde Nast Traveler, and other publications.
U.S. Court of Appeals, Ninth Circuit
Stephen Roy Reinhardt is a federal appeals judge with the United States Court of Appeals for the Ninth Circuit in San Francisco. He joined the Court in 1980 after being nominated by President Jimmy Carter.
Born in New York City, New York, Reinhardt graduated from Pomona College with his Bachelor's degree in 1951 and later received a Bachelors of Laws degree, LL.B, from Yale Law School in 1954. Reinhardt served in the U.S. Air Force from 1954 to 1956 before becoming a law clerk for the Honorable Luther Youngdahl in the United States District Court for the District of Columbia until 1957. Reinhardt was a private practice attorney in the State of California from 1957 to 1980. Reinhardt was nominated to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter on November 30, 1979, to a new seat created by 92 Stat. 1629, which was approved by Congress. Reinhardt was confirmed by the U.S. Senate on September 11, 1980 and received commission on September 11, 1980.
Howard M. Holtzmann Professor of International Law, Yale Law School
Lea Brilmayer is the Howard M. Holtzmann Professor of International Law at Yale Law School. In addition to teaching Contracts to first-year students, she also teaches Conflict of Laws and International Courts and Tribunals, as well as seminars on the laws of war and on African current affairs. Her degrees include a B.A. in mathematics and a J.D. from the University of California at Berkeley, as well as an LL.M. from Columbia Law School. Brilmayer has taught at a number of different law schools as either a professor or visiting professor, including the University of Texas, the University of Chicago, the University of Michigan, Columbia Law School, Harvard Law School, and the New York University School of Law (where she led a weekly seminar on International Jurisprudence.) She is a member of the Texas and Supreme Court bars. She has given numerous endowed lectures at other American law schools and has also taught twice at the summer session of the Hague Academy of International Law.
During her first decade of teaching, her writing interests mainly concerned conflict of laws (in particular, personal jurisdiction and choice of law); federal jurisdiction; and jurisprudence. Her conflict of laws writings have included one theoretical book on the subject and a leading casebook (in the more recent editions, co-authored with Jack Goldsmith). Together with a group of Yale student contributors, she published An Introduction to Jurisdiction in the American Federal System. Her writings on the conflict of laws have resulted in her being asked on a number of occasions to testify before Congressional committees, most recently on the Full Faith and Credit implications of same sex marriage. More recently, her interests have gradually turned to international law and international relations, and she is frequently cited for her academic writings about nationalism and the international legal status of secessionist movements. Her research in international jurisprudence has also led to two books, Justifying International Acts and American Hegemony: Political Morality in a One-Superpower World.
In addition to her academic interests, Brilmayer carries on an active life in interstate and international adjudication. In addition to contributing to amicus briefs, she has served as counsel of record before the United States Supreme Court and has been an expert consultant on many lower and intermediate appellate court cases. For the last decade she has served as lead counsel in several international public (state-to-state) arbitrations dealing with island sovereignty, maritime delimitation, land boundaries, and mass claims for violations of the laws of war.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
Senior Judge, United States Court of Appeals, Fifth Circuit
Patrick Errol Higginbotham is a federal judge on senior status with the United States Court of Appeals for the 5th Circuit. He joined the court in 1982 after being nominated by President Ronald Reagan.
Contributing Writer, Vanity Fair
Michael Kinsley is a Contributing Writer for Vanity Fair, where his column appears monthly. Over a long career in the media, he has been Managing Editor of the Washington Monthly, Editor of the New Republic, and Editorial and Opinion Editor of the Los Angeles Times. He was the Founding Editor of Slate, one of the first on-line magazines. For over six years Kinsley was the liberal host of Crossfire, a CNN show where he sparred with Pat Buchanan five days a week. He played a similar role for many years with William F. Buckley on PBS’s Firing Line. He has written for The New Yorker, Conde Nast Traveler, and other publications.
U.S. Court of Appeals, Ninth Circuit
Stephen Roy Reinhardt is a federal appeals judge with the United States Court of Appeals for the Ninth Circuit in San Francisco. He joined the Court in 1980 after being nominated by President Jimmy Carter.
Born in New York City, New York, Reinhardt graduated from Pomona College with his Bachelor's degree in 1951 and later received a Bachelors of Laws degree, LL.B, from Yale Law School in 1954. Reinhardt served in the U.S. Air Force from 1954 to 1956 before becoming a law clerk for the Honorable Luther Youngdahl in the United States District Court for the District of Columbia until 1957. Reinhardt was a private practice attorney in the State of California from 1957 to 1980. Reinhardt was nominated to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter on November 30, 1979, to a new seat created by 92 Stat. 1629, which was approved by Congress. Reinhardt was confirmed by the U.S. Senate on September 11, 1980 and received commission on September 11, 1980.
Carmack Waterhouse Professor of Constitutional Law, Georgetown Law
After graduating from Harvard Law School in 1971, Professor Seidman served as a law clerk for J. Skelly Wright of the D.C. Circuit and U.S. Supreme Court Justice Thurgood Marshall. He then was a staff attorney with the D.C. Public Defender Service until joining the Law Center faculty in 1976. He teaches a variety of courses in the fields of constitutional and criminal law. He is co-author of a constitutional law casebook and the author of many articles concerning criminal justice and constitutional law. His most recent books are Silence and Freedom (Stanford 2007), Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review (Yale 2001) and Equal Protection of the Laws (Foundation 2002).
Counsel, The Judicial Confirmation Network
Wendy Long is legal counsel to the Judicial Confirmation Network. Until March 2005, she was a litigation partner in the New York office of Kirkland & Ellis LLP. Wendy was a law clerk to U.S. Supreme Court Justice Clarence Thomas and to Judge Ralph Winter of the U.S. Court of Appeals for the Second Circuit in New York. She is a graduate of Northwestern University School of Law, cum laude and Order of the Coif, where she was articles editor of the Northwestern University Law Review, and of Dartmouth College. She previously served as a press secretary in the U.S. Senate, for former U.S. Senator Bill Armstrong (R-Colo.) and former U.S. Senator Gordon Humphrey (R-N.H.).
Partner, Goldstein & Russell PC
Thomas C. Goldstein has argued 28 cases before the Supreme Court, including matters involving federal patent law, class action practice, labor and employment, and disability law. In addition to practicing law, Tom teaches Supreme Court Litigation at Harvard Law School and taught at Stanford Law School as well from 2004-2012.
In the Supreme Court and elsewhere, Mr. Goldstein litigates and advises clients in a broad range of issues. For example, he regularly litigates and lectures on questions of federal patent law. Mr. Goldstein frequently advises clients, litigates, and consults on legislative matters relating to the First Amendment. And he regularly represents parties in questions relating to the game of poker, including its lawfulness as a matter of federal and state law. Tom's clients include plaintiffs, criminal defendants, and major corporations such as BG Group, Home Depot, Humana, IMS Health, Nike, PokerStars, POM Wonderful, and Pemex.
In addition to practicing law, Tom founded, and is the publisher of, SCOTUSblog, which in 2013 became the only weblog ever to receive the Peabody Award for excellence in electronic media. It also won the 2013 Society of Professional Journalists (Sigma Delta Chi) prize for deadline reporting for its coverage of the Supreme Court’s healthcare ruling. In 2010, it became the first blog to receive the American Bar Association’s Silver Gavel Award for fostering the American public’s understanding of law and the legal system.
Tom has been repeatedly recognized as a leading member of the bar. In 2010, The National Law Journal named him one of the 40 most influential lawyers of the decade; Tom notably was ten years younger than any other law firm partner listed. Legal Times named him one of the “90 Greatest Washington Lawyers of the Last 30 Years” and praised him for “transforming the practice” of law before the Supreme Court. He is also included in both of the National Law Journal’s most recent lists of the nation’s 100 most influential lawyers (2006 and 2013). He has been repeatedly recognized as one of the nation’s top appellate advocates. GQ Magazine named him one of the 50 most powerful people in Washington, D.C.
Tom is an elected Fellow of the American Academy of Appellate Lawyers, and a member of the American Law Institute. He is involved with a number of professional organizations. He serves as the vice chair of the Amicus Committee of the ABA’s Intellectual Property Section and previously served for two years on the ABA’s Standing Committee on Amicus Curiae Briefs. In those capacities, he has authored several Supreme Court amicus briefs for the ABA. In addition, Tom serves on the boards of advisors of the Washington Legal Foundation and the Georgetown University Supreme Court Institute.
Before founding Goldstein & Howe in 1999, Tom practiced law at Boies & Schiller, LLP and at Jones Day Reavis & Pogue. Tom left the firm he founded in 2006 to create the Supreme Court Practice at Akin, Gump, Strauss, Hauer & Feld, where he also was a partner and principal co-chair of the firmwide litigation practice. He returned to what is now Goldstein & Russell in 2011.
Tom clerked for the Honorable Patricia M. Wald of the U.S. Court of Appeals for the D.C. Circuit.
Associate Professor of Law, University of Colorado Law School
Scott Moss joined CU Law School in 2007 after six years as an attorney in New York City and three years as a professor at Marquette Law School, where he was the 2007 recipient of the James D. Ghiardi Faculty Award for Outstanding Teaching, Student Body Support, and Scholarship. In New York, Professor Moss was a law clerk to U.S. District Judge Constance Baker Motley and then a plaintiff's employment lawyer at Outten & Golden LLP, the largest plaintiff-side employment law practice in the country, where he litigated individual and class action cases of discrimination, harassment, and minimum/overtime wage violations. He also has argued and briefed appeals of employment cases and has undertaken pro bono projects such as First Amendment right-to-protest litigation with the New York Civil Liberties Union, low-income worker clinics in lower Manhattan, and court-sponsored mediations for pro se litigants. Professor Moss received his J.D. (magna cum laude) in 1998 from Harvard Law School, where he was a Senior Editor of the Harvard Civil Rights-Civil Liberties Law Review; his B.A. (Economics) and M.A. (Media Studies) are from Stanford University. Professor Moss's research interests have included employment law, discrimination, constitutional law, various civil procedure rules, and economic analysis of all of the preceding topics.
B.A., Stanford
M.A., Stanford
J.D., Harvard
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Howard M. Holtzmann Professor of International Law, Yale Law School
Lea Brilmayer is the Howard M. Holtzmann Professor of International Law at Yale Law School. In addition to teaching Contracts to first-year students, she also teaches Conflict of Laws and International Courts and Tribunals, as well as seminars on the laws of war and on African current affairs. Her degrees include a B.A. in mathematics and a J.D. from the University of California at Berkeley, as well as an LL.M. from Columbia Law School. Brilmayer has taught at a number of different law schools as either a professor or visiting professor, including the University of Texas, the University of Chicago, the University of Michigan, Columbia Law School, Harvard Law School, and the New York University School of Law (where she led a weekly seminar on International Jurisprudence.) She is a member of the Texas and Supreme Court bars. She has given numerous endowed lectures at other American law schools and has also taught twice at the summer session of the Hague Academy of International Law.
During her first decade of teaching, her writing interests mainly concerned conflict of laws (in particular, personal jurisdiction and choice of law); federal jurisdiction; and jurisprudence. Her conflict of laws writings have included one theoretical book on the subject and a leading casebook (in the more recent editions, co-authored with Jack Goldsmith). Together with a group of Yale student contributors, she published An Introduction to Jurisdiction in the American Federal System. Her writings on the conflict of laws have resulted in her being asked on a number of occasions to testify before Congressional committees, most recently on the Full Faith and Credit implications of same sex marriage. More recently, her interests have gradually turned to international law and international relations, and she is frequently cited for her academic writings about nationalism and the international legal status of secessionist movements. Her research in international jurisprudence has also led to two books, Justifying International Acts and American Hegemony: Political Morality in a One-Superpower World.
In addition to her academic interests, Brilmayer carries on an active life in interstate and international adjudication. In addition to contributing to amicus briefs, she has served as counsel of record before the United States Supreme Court and has been an expert consultant on many lower and intermediate appellate court cases. For the last decade she has served as lead counsel in several international public (state-to-state) arbitrations dealing with island sovereignty, maritime delimitation, land boundaries, and mass claims for violations of the laws of war.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
Senior Judge, United States Court of Appeals, Fifth Circuit
Patrick Errol Higginbotham is a federal judge on senior status with the United States Court of Appeals for the 5th Circuit. He joined the court in 1982 after being nominated by President Ronald Reagan.
Contributing Writer, Vanity Fair
Michael Kinsley is a Contributing Writer for Vanity Fair, where his column appears monthly. Over a long career in the media, he has been Managing Editor of the Washington Monthly, Editor of the New Republic, and Editorial and Opinion Editor of the Los Angeles Times. He was the Founding Editor of Slate, one of the first on-line magazines. For over six years Kinsley was the liberal host of Crossfire, a CNN show where he sparred with Pat Buchanan five days a week. He played a similar role for many years with William F. Buckley on PBS’s Firing Line. He has written for The New Yorker, Conde Nast Traveler, and other publications.
U.S. Court of Appeals, Ninth Circuit
Stephen Roy Reinhardt is a federal appeals judge with the United States Court of Appeals for the Ninth Circuit in San Francisco. He joined the Court in 1980 after being nominated by President Jimmy Carter.
Born in New York City, New York, Reinhardt graduated from Pomona College with his Bachelor's degree in 1951 and later received a Bachelors of Laws degree, LL.B, from Yale Law School in 1954. Reinhardt served in the U.S. Air Force from 1954 to 1956 before becoming a law clerk for the Honorable Luther Youngdahl in the United States District Court for the District of Columbia until 1957. Reinhardt was a private practice attorney in the State of California from 1957 to 1980. Reinhardt was nominated to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter on November 30, 1979, to a new seat created by 92 Stat. 1629, which was approved by Congress. Reinhardt was confirmed by the U.S. Senate on September 11, 1980 and received commission on September 11, 1980.
Panel V: The Conflict Between Text and Precedent in Constitutional Adjudication [Archive Collection]
Lea Brilmayer, Charles J. Cooper, Frank H. Easterbrook, Patrick E. Higginbotham, Michael Kinsley, Stephen Reinhardt
On April 3-5, 1987, the Federalist Society's Chicago Student Chapter hosted the sixth annual National...
Panel V: The Conflict Between Text and Precedent in Constitutional Adjudication [Archive Collection]
Lea Brilmayer, Charles J. Cooper, Frank H. Easterbrook, Patrick E. Higginbotham, Michael Kinsley, Stephen Reinhardt
On April 3-5, 1987, the Federalist Society's Chicago Student Chapter hosted the sixth annual National...
The Sotomayor Nomination, Part I
Louis Michael Seidman, Wendy Long, Thomas C. Goldstein, Scott Moss, David R. Stras, Edward Whelan
On May 26, President Obama nominated Sonia Sotomayor to replace David Souter as an Associate...
Panel V: The Conflict Between Text and Precedent in Constitutional Adjudication [Archive Collection]
1987 National Student Symposium
Chicago, IL