Editor-in-Chief, Harvard Journal of Law & Public Policy
President and Co-Founder, America First Legal Foundation
Gene Hamilton is the President of America First Legal, which he co-founded, and where he was previously the Executive Director, Executive Vice President, and General Counsel. He most recently served as Deputy White House Counsel to President Donald Trump. Earlier in his career, Gene served as Counselor to Attorney General at the U.S. Department of Justice and as Senior Counselor to the Secretary of Homeland Security. He also served as General Counsel on the Senate Judiciary Committee and held several roles at the Department of Homeland Security, including with U.S. Immigration Enforcement, U.S. Customs and Border Protection and the Office of the General Counsel. He holds a B.A. from the University of Georgia and a J.D. from Washington and Lee University School of Law.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Managing Partner, Boyden Gray PLLC
Michael Buschbacher is the managing partner of Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Adjunct Professor, George Washington University Law School
Associate Attorney, Gibson, Dunn & Crutcher LLP
Laura Stanley is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. She practices in the firm’s Litigation Department and is a member of the Environmental Litigation and Mass Tort Practice Group. Laura previously served as an economist at the U.S. Environmental Protection Agency where she developed regulations under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation, and Liability Act.
Laura graduated with high honors from The George Washington University Law School and was awarded Order of the Coif. Laura served as an Articles Editor of the George Washington Law Review, and she was awarded the ABA Gellhorn-Sargentich Award for the best student essay in administrative law. Laura received a Master of Arts degree in Economics from George Mason University and a Bachelor of Arts degree in Economics from James Madison University.
She previously served as a law clerk to the Honorable Ryan D. Nelson of the United States Court of Appeals for the Ninth Circuit and the Honorable Stephen S. Schwartz of the United States Court of Federal Claims.
She is admitted to practice law in the District of Columbia and before the United States Court of Appeals for the Ninth Circuit.
Associate, Consovoy McCarthy PLLC
Ms. Bates assists clients with a variety of litigation and appellate matters that encompass constitutional law, administrative law, and commercial litigation. Before joining the firm, Ms. Bates was a law clerk to Judge Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit. She previously served as a Legal Policy Analyst at the Heritage Foundation, where she researched and wrote about the courts, judicial nominations, and various constitutional issues. She also co-hosted Heritage’s SCOTUS 101 podcast. She earned her B.A. magna cum laude in Politics from Hillsdale College, and her J.D. from the Antonin Scalia Law School at George Mason University. Ms. Bates is a member of the Virginia Bar.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Judge, U.S. Court of Appeals, Second Circuit
On April 10, 2026, President Trump nominated Matthew Schwartz to the United States Court of Appeals for the Second Circuit. He was confirmed on July 14, 2026.
Prior to his appointment, Matthew Schwartz was a partner in the Firm’s Litigation Group. He joined the Firm in 2007 after clerking for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court. He was elected partner in 2011.
Mr. Schwartz’s wide-ranging practice comprises complex litigation, arbitration, and government investigations in the areas of securities law, M&A, derivative suits, antitrust, bank regulation, contracts, constitutional law, administrative law and general commercial litigation. He has represented some of the world’s leading corporations, financial institutions, and industry organizations. Mr. Schwartz provides regular advice on legislation and regulations in the AI, banking, FinTech, and payments fields.
Matt also regularly speaks and writes on legal ethics issues.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Judge, Iran-United States Claims Tribunal and Arbitrator Member, Twenty Essex Chambers
Charles’s 55-year career in the law has combined extensive practice at the bar with distinguished public service, both national and international. For nearly 40 years he has focused on public international law and international dispute resolution.
As counsel or arbitrator he has handled cases on all six continents, principally under the rules of the ICC, UNCITRAL, LCIA, AAA, United Nations Compensation Commission, ICSID, Stockholm Chamber of Commerce, Insurance and Reinsurance Arbitration Society and LMAA. These cases have involved a wide variety of commercial disputes as well as issues of public international law, particularly involving the oil and gas sector, major infrastructural projects, expropriations, and other investment disputes, including ones arising under both bilateral and multilateral investment treaties.
Charles started his career with White & Case LLP in New York, before serving for four years in the United States Department of State in Washington, DC, concluding as its Acting Legal Adviser. He then rejoined White & Case LLP, co-founding its Washington, DC office, where his practice came to be comprised almost exclusively of substantial international arbitrations.
He has served continuously since 1983 as a judge of the Iran-United States Claims Tribunal in The Hague, The Netherlands. That service was interrupted for some months in 1987 by White House service as Deputy Special Counsellor to President Reagan. Charles resumed partnership in White & Case LLP from 1988 until joining 20 Essex Street in 2001. Since 2014 he has also served as a Judge ad hoc at the International Court of Justice.
In 2015 Charles was only the fourth ever recipient of the Global Arbitration Review Lifetime Achievement Award.
Professor of Law and Global Affairs Faculty Director, LL.M. in International Human Rights Law; Global Director, Notre Dame Law School Global Human Rights Clinic, Notre Dame Law School
Diane A. Desierto joined the Law School in January 2021 as Professor of Law and LL.M. Faculty Director, with a joint appointment at the Keough School of Global Affairs. Desierto teaches, publishes, and practices in the areas of international law and human rights, international economic law and development, international arbitration, maritime security, Association of Southeast Asian Nations (ASEAN) Law, and comparative public law. At Notre Dame, Desierto is a Faculty Fellow at the Klau Institute for Civil Human Rights, Kellogg Institute of International Studies, Liu Institute for Asia and Asian Studies, Pulte Institute for Global Development, and Nanovic Institute of European Studies. She is also Co-Principal Investigator of the Notre Dame Reparations Design and Compliance Lab.
Desierto is a Member and former Chair-Rapporteur of the Expert Group of the United Nations Working Group on the Right to Development, Resource Expert for the Association of Southeast Asian Nations (ASEAN), former Director of Studies and Faculty of the Hague Academy of International Law, President of the Friends of the Hague Academy Foundation, and the Philippines Focal Point for the International Criminal Court Bar Association. She is active as international counsel at matters successfully litigated at the Permanent Court of Arbitration, the UN Human Rights Committee, the Philippine Supreme Court and Southeast Asian agencies, and was appointed by the Philippine Supreme Court as Professor of International Law and Human Rights at the Philippines Judicial Academy. Desierto is a Member of the Editorial Boards of the European Journal of International Law (and Editor of its leading international law blog EJIL:Talk!), Journal of World Investment and Trade, and the Global Community Yearbook of International Law and Jurisprudence, and the Kluwer Law monograph series on Human Society and International Law, and also serves on the Scientific Advisory Boards of international journals such as International Law Studies, the Revista Chilena de Derecho, and the Indonesian Journal of International and Comparative Law. Desierto previously taught as tenure-track/tenured law faculty at the University of the Philippines, Peking University School of Transnational Law in China, and the University of Hawaii Richardson School of Law. She is a recipient of faculty fellowships awarded by Stanford University's Center for Advanced Studies in the Behavioral Sciences (CASBS) and the Stanford Center for Human Rights and International Justice, the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, the Humboldt-Potsdam-Berlin Senior Fellowship, the East-West Center in Honolulu, the Grotius Fellowship at University of Michigan Law School, and the National University of Singapore's Asian Law Institute Fellowship. Desierto has served Visiting Professor appointments at the University of Paris-Nanterre X Faculty of Law, University of the Philippines College of Law Graduate Program at Bonifacio Global City, the University of Navarre Faculty of Law in Spain, and Universidad Panamericana Faculty of Law in Mexico City.
Desierto holds JSD and LLM degrees from Yale Law School, as well as JD cum laude class salutatorian and BSc Economics summa cum laude class valedictorian degrees from the University of the Philippines, and was a former Yale Law clerk at the International Court of Justice for H.E. Judges Bruno Simma and Bernardo Sepulveda-Amor. She authored and/or edited several books, such as Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012, recipient of the Ambrose Gherini Prize in International Law at Yale Law), Public Policy in International Economic Law: The ICESCR in Trade, Investment and Finance (Oxford University Press, 2015), ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market (with D. Cohen, Routledge, 2020), The International Legal System: Cases and Materials (8th Edition, with M.E. O'Connell, N. Roht-Arriaza, and D. Bradlow, 2022), as well as, to date, around 180 law review articles, book chapters, essays, and book reviews with leading international law journals and publishers in the United States, Europe, and Asia. She is a member of the Institute of Transnational Arbitration Academic Council, the UNCITRAL Academic Forum on Investor-State Dispute Settlement Reform, the 2019 Hague Rules on Business and Human Rights Arbitration Drafting Team, Co-Chair of the Oxford Investment Claims Summer Academy, and has been recognized repeatedly by Who's Who Legal as one of the Future Leaders in Arbitration. The 2020 ND Women Lead featured Desierto here.
Director, International Legal Studies Program, Vanderbilt Law School
Michael Newton is an expert on terrorism, accountability, transnational justice, and conduct of hostilities issues. Over the course of his career, he has published more than 90 books, articles, op-eds and book chapters. He has been an expert witness in terrorism related trials and is admitted to the counsel list of the International Criminal Court, where, in 2018, he helped prepare the appeal of Jean-Pierre Bemba and participated in oral arguments in the Appeals Chamber. At Vanderbilt, he developed and teaches the innovative International Law Practice Lab, which provides expert assistance to judges, lawyers, legislatures, governments, and policy makers around the world. Professor Newton is most recently the editor of The United States Department of Defense Law of War Manual: Commentary and Critique, forthcoming from Cambridge University Press.
An authority on the law of armed conflict, Professor Newton served as the senior adviser to the Ambassador-at-Large for War Crimes Issues in the U.S. State Department from January 1999 to August 2002, during which he implemented a wide range of policy positions, including U.S. support to accountability mechanisms worldwide. He negotiated the “Elements of Crimes” for the International Criminal Court, and was the senior member of the team teaching international law to the first group of Iraqis who began to think about accountability mechanisms and a constitutional structure in November 2000. He shuttled to Baghdad repeatedly to aid international and Iraqi lawyers and jurists in drafting the Statute of the Iraqi High Tribunal while serving as the International Law Adviser to the Judicial Chambers from 2006 to 2008. He began assisting Iraqi officials, victims and civil society groups on legal issues associated with documentation and investigation of crimes committed by Da’esh on Iraqi soil days after Yazidi victims fled towards Mount Sinjar. He was the U.S. representative on the U.N. Planning Mission for the Sierra Leone Special Court and a founding member of its academic consortium. He is an elected member of the International Institute of Humanitarian Law and on the expert roster of Justice Rapid Response. In addition to teaching the Practice Lab, he develops and coordinates externships and educational opportunities for students interested in international legal issues, having supervised more than 150 such opportunities.
Professor Newton has served on the executive council of the American Society of International Law and as an invited expert for the Genocide Prevention Task Force established by the U.S. Holocaust Memorial Museum and the U.S. Institute of Peace. He is currently on the Advisory Board of the ABA International Criminal Court Project.
Professor Newton served in the U.S. Army more than 21 years, beginning with his commission from the U.S. Military Academy in May 1984 as an armor officer in the 4th Battalion, 68th Armor at Fort Carson, Colorado. After his selection for the Funded Legal Education Program, Newton served as chief of operational law with the Army Special Forces Command (Airborne) during Operation Desert Storm, and as the group judge advocate for the 7th Special Forces Group (Airborne). His deployments include Northern Iraq on Operation Provide Comfort to assist Kurdish civilians, and Haiti with 194th Armored Brigade (Separate), where he organized and led human rights and rules of engagement education for multinational forces, including police. He has taught international and operational law at the Judge Advocate General's School and Center in Charlottesville, Virginia, and taught international law at the United States Military Academy at West Point.
The Future of Birthright Citizenship: What’s Next After Trump v. Barbara (Part One)
Tiago de Almeida Graff, Gene P. Hamilton, Steven J. Menashi
On June 30, the Supreme Court held in Trump v. Barbara that nearly all children...
Emerging Applications of the Congressional Review Act
Jonathan H. Adler, Michael Buschbacher, Alan B. Morrison, Laura Stanley
This panel will explore the evolving use of the Congressional Review Act, with particular attention...
Shouted Down: When Protest Becomes Censorship
Tiffany H. Bates, Stuart Kyle Duncan, James Hamilton Percival, Ilya Shapiro
Colleges and universities have long been understood as marketplaces of ideas, carrying with them a...
Plenary Panel 4: Justice Alito’s Impact on Religious Liberties & Speech
Stephanie Barclay, Nicole Stelle Garnett, Steven J. Menashi, Matthew A. Schwartz
This panel will analyze Justice Alito’s contributions to the Supreme Court’s religious liberty and free...
Preliminary Thoughts on Legal Issues Relating to the Maduro Seizure
Prof. Roger Alford, Professor of Law, Notre Dame Law School Prof. Soledad Bertelsen, Assistant Professor...
27th Annual Faculty Conference
New Orleans, LATopics
Beware the Ides of May: Universal Injunctions in the Trump v. CASA Oral Argument
What does the Citizenship Clause mean? “All persons born or naturalized in the United States,...
Topics
Using Originalism to Attack Mass Incarceration: A Review of Rachel Barkow’s Justice Abandoned
It is a singular fact of life in America that with five percent of the...
26th Annual Federalist Society Faculty Conference
San Francisco, CAInternational and National Security Law: Engage or Disengage: How Should the Next United States Administration Interact with the International Criminal Court and International Court of Justice?
Stephanos Bibas, Richard A. Epstein, Charles Nelson Brower, Diane A. Desierto, Michael A. Newton
As international courts have addressed issues arising from the Ukraine-Russia and Israel-Hamas wars, we will...