Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Judge, United States Court of Appeals for the Ninth Circuit
Anthony Johnstone serves as a judge on the United States Court of Appeals for the Ninth Circuit. Judge Johnstone previously served as the Helen and David Mason Professor of Law and an affiliated Professor of Public Administration at the University of Montana, Alexander Blewett III School of Law in Missoula since 2011. As a professor he taught federal and state constitutional law and legislation, as well as a federal judicial clinic. Johnstone also has served as trial and appellate counsel in federal and state courts, including the Ninth Circuit and the Supreme Court of the United States, most recently with Johnstone PLLC. He served the Montana Department of Justice as state solicitor from 2008 to 2011 and assistant attorney general from 2004 to 2008. Johnstone entered practice as an associate at Cravath, Swaine & Moore in New York from 2000 to 2003. Born to Montanans in Minneapolis, Minnesota, Johnstone received his Bachelor of Arts from Yale University in 1995 and his Juris Doctor, with honors, from the University of Chicago Law School in 1999. Following law school, he clerked for Ninth Circuit Judge Sidney R. Thomas in Billings, Montana from 1999 to 2000.
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).
Founder and Senior Director, Institutional Religious Freedom Alliance
Stanley Carlson-Thies is the Founder and Senior Director of the Institutional Religious Freedom Alliance (IRFA), a division of the Center for Public Justice. As part of this role, he convenes the Coalition to Preserve Religious Freedom, a multi-faith alliance of social-service, education, and religious freedom organizations that advocates for the religious freedom of faith-based organizations to Congress and the federal government. In addition he is also a Senior Fellow at the Canadian think tank Cardus.
From 2009-2010 he served on a task force of President Obama’s Advisory Council on Faith-Based and Neighborhood Partnerships, helping to draft recommendations on how to clarify the church-state rules that apply to federal funding of social-service providers, and has consulted with federal departments and several states.
He served with the White House Office of Faith-Based & Community Initiatives from its inception in February 2001 until mid-May 2002. He assisted with writing “Unlevel Playing Field: Barriers to Participation by Faith-Based and Community Organizations in Federal Social Service Programs,” a report released by the White House in August 2001, and “Rallying the Armies of Compassion,” the initial blueprint for President George W. Bush’s faith and community agenda.
Previously, he was Director of Social Policy Studies for CPJ and directed CPJ’s project to track the implementation and impact of the Charitable Choice provision of the 1996 federal welfare reform law. Following his term in the White House, he returned to CPJ as the Director of Faith-based Policy Studies.
He received the William Bentley Ball Life and Religious Liberty Defense Award from the Center for Law and Religious Freedom and the Christian Legal Society in October 2004. He was named as one of 12 advocates who are “reinterpreting God and country” by the National Journal in May 2004. He holds a doctorate in political science from the University of Toronto. His dissertation is on the role of Protestants and Catholics in the development of Dutch politics in the 19th and 20th centuries. Besides the United States, he has lived in Canada, the Netherlands, and Japan, where he was born of missionary parents. He lives in Annapolis, Maryland, with his wife, Christiane. They are the proud parents of Simon.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Judge, United States Court of Appeals, 8th Circuit
Leonard Steven Grasz is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Eighth Circuit.
A graduate of the University of Nebraska–Lincoln and the University of Nebraska College of Law, Grasz spent eleven years as the state of Nebraska's Chief Deputy Attorney General. He was a senior partner at the law firm of Husch Blackwell prior to his appointment to the federal judiciary.
Megan T.R. Hitchens is an attorney in Charlotte, N.C. She is a graduate of Elon University School of Law.
The Constitutionalization of the Sexual Revolution
Constitutional Interpretation
Why the 17th Amendment Should Be Repealed
Testimony on the "Democracy Restoration Act"
Roger B. Clegg
Note from the Editor: This paper is based on testimony given by the author before...
Which Religious Organizations Count as Religious? The Religious Employer Exemption of the Health Insurance Law's Contraceptives Mandate
Stanley Carlson-Thies
On August 1, 2011, the Health Resources and Service Administration issued guidelines specifying that, among...
Criminal Jurisdiction of Indian Tribes: Should Non-Indians Be Subject to Tribal Criminal Authority Under VAWA?
Thomas F. Gede
Ever since the U.S. Supreme Court issued its 1978 decision in Oliphant v. Suquamish Tribe,1...
Judicial Selection in Nebraska
Steven Grasz
The Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers,...
Judicial Selection in Nebraska
The Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers,...
Nebraska High Court Applies Common Law Doctrine of In Loco Parentis to Confer Standing on Former Same-Sex Domestic Partner in Child Custody Dispute
Megan T.R Hitchens
With the use of surrogates, in-vitro fertilization, adoption, and egg and sperm donation, same-sex couples...
The Tea Party Constitution: Proposed Federalism Amendments