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 Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
Partner, DeMarco Law, PLLC
Joseph V. DeMarco is a partner at DeMarco Law, PLLC where he focuses on counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s most sought-after lawyers on Internet crime and the law relating to emerging technologies. In addition to his counsel practice, Mr. DeMarco serves as an Arbitrator, resolving complex commercial and high-technology disputes between businesses. He is on the National Panel of Neutrals of the American Arbitration Association (AAA) and Federal Arbitration, Inc. (FedArb).
From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property (CHIPs) Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, CHIPs prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized thought leader in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused his work on Internet privacy, gaming, and theft of intellectual property.
Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has been invited to speak throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.
Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated his work on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.
Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.
President, Americas and Global Chief Legal Officer, Merkle Science
Mary Beth Buchanan is currently President, Americas and Global Chief Legal Officer at Merkle Science. She was former General Counsel for Kraken Cryptocurrency Exchange. She was a partner at Bryan Cave LLP in the firm’s White Collar Defense and Investigations and Securities Litigation and Enforcement Client Service Groups. She concentrated her practice on white collar criminal defense, SEC and FINRA enforcement matters, corporate and accounting fraud, internal investigations, corporate compliance, foreign corrupt practices violations, Congressional investigations and complex civil litigation.
Ms. Buchanan served as the United States Attorney for the Western District of Pennsylvania from September 2001 to November 2009, having been appointed by President George W. Bush. She is the only woman in Pennsylvania's history to be presidentially appointed to this position. As the United States Attorney, Ms. Buchanan oversaw the prosecution of more than 5,000 cases, including corporate and securities fraud, bank fraud, foreign corrupt practices, false claims, money laundering, health care fraud, public corruption and a broad range of violent crimes. Prior to that time, Ms. Buchanan spent more than 13 years as an Assistant United States Attorney litigating criminal, civil and appellate cases.
During her tenure as the United States Attorney, Ms. Buchanan also held several posts at the DOJ, including serving as the director of the Executive Office for United States Attorneys, acting director of the DOJ’s Office on Violence Against Women and chair of the Attorney General’s Advisory Committee. Ms. Buchanan also served on the U.S. Sentencing Commission's Organizational Guidelines Advisory Committee, which made recommendations to the Commission for amendments to the Sentencing Guidelines for Business Organizations.
Former United States Ambassador to the United Nations; Former Governor of South Carolina; Author, With All Due Respect: Defending America with Grit and Grace
Nikki Haley is the former U.S. ambassador to the United Nations in the Trump administration. She is the 29th person to serve in the position.
President Donald Trump asked Haley to serve in the position on November 23, 2016. She was confirmed by the U.S. Senate on January 24, 2017 and served until December 2018.
Haley previously served as the 116th governor of South Carolina from 2011 to 2017. From 2005 to 2010, Haley served in the South Carolina House of Representatives, representing District 87, Lexington County.
Associate, Bryan Cave Leighton Paisner LLP
Brooke Cook is a member of the firm’s Commercial Disputes and Investigations, Financial Regulation, and White Collar Practice Groups. She serves as counsel in a variety of complex commercial litigation matters in both state and federal court, including business litigation, commercial contract disputes, real estate litigation, and employment litigation. Her practice also includes representing both individuals and large companies in government enforcement actions and investigations. Ms. Cook also maintains an active pro bono practice.
Ms. Cook was a summer associate in Bryan Cave Leighton Paisner’s New York office in 2016. Prior to joining the firm, Ms. Cook was a judicial intern to the Honorable Norman K. Moon of the United States District Court for the Western District of Virginia and an extern for the U.S. Attorney’s Office for the Central District of California in the criminal division. During law school, Ms. Cook served as a Dillard Fellow for the Legal Research and Writing program at the University of Virginia School of Law where she assisted first year law students with drafting legal memoranda and appellate briefs and judged an appellate oral argument competition. She was also the assistant managing editor for the Journal of Law & Politics.
Before law school, Ms. Cook worked in public policy in Washington, D.C.
Attorney, Writer and Consultant
Dennis Saffran is an appellate attorney and political and policy writer based in Queens, NY. He has served as chief of appellate litigation for Nassau County, NY, chief lawyer of the New York State Division of Housing, and a Special Assistant to the New York State Attorney General, and was the founder of the New York office and then national Executive Director of the Center for the Community Interest, a public interest group that supported anti-crime and quality-of-life initiatives like those of the Giuliani and Bloomberg Administrations in New York City.
Dennis has litigated constitutional and municipal law cases in the Second Circuit Court of Appeals, the New York State Court of Appeals, and other appellate courts, and has submitted amicus briefs to the Supreme Court and other courts supporting the plaintiffs in the landmark case of Students for Fair Admissions v. President and Fellows of Harvard College, as well as in the pending case before SCOTUS of Chiles v. Salazar concerning the constitutionality of bans on so-called "conversion therapy." He has also written on legal, political and public policy issues for various publications including the Manhattan Institute's City Journal, the Wall Street Journal, the New York Daily News and New York Post, Newsweek, RealClear Policy and Quillette, and has been a guest on various television and radio news and talk shows.
In 2001 and 2013, Dennis was the Republican candidate for the New York City Council from Northeast Queens, one of the few competitive districts in the city, receiving 48% of the vote and losing by a 1% margin in 2001 in the closest election in the city that year.
Dennis grew up in Queens and is an honors graduate of Forest Hills High School, Harvard College and New York University Law School. He and his wife Jane Stewart Saffran live in Douglaston, NY, where they raised their two children: Kristina, the founder of Equip, a telehealth treatment program for eating disorders, and Nick, a senior editor at the Manhattan Institute.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Partner, DeMarco Law, PLLC
Joseph V. DeMarco is a partner at DeMarco Law, PLLC where he focuses on counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s most sought-after lawyers on Internet crime and the law relating to emerging technologies. In addition to his counsel practice, Mr. DeMarco serves as an Arbitrator, resolving complex commercial and high-technology disputes between businesses. He is on the National Panel of Neutrals of the American Arbitration Association (AAA) and Federal Arbitration, Inc. (FedArb).
From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property (CHIPs) Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, CHIPs prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized thought leader in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused his work on Internet privacy, gaming, and theft of intellectual property.
Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has been invited to speak throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.
Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated his work on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.
Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.
President, Americas and Global Chief Legal Officer, Merkle Science
Mary Beth Buchanan is currently President, Americas and Global Chief Legal Officer at Merkle Science. She was former General Counsel for Kraken Cryptocurrency Exchange. She was a partner at Bryan Cave LLP in the firm’s White Collar Defense and Investigations and Securities Litigation and Enforcement Client Service Groups. She concentrated her practice on white collar criminal defense, SEC and FINRA enforcement matters, corporate and accounting fraud, internal investigations, corporate compliance, foreign corrupt practices violations, Congressional investigations and complex civil litigation.
Ms. Buchanan served as the United States Attorney for the Western District of Pennsylvania from September 2001 to November 2009, having been appointed by President George W. Bush. She is the only woman in Pennsylvania's history to be presidentially appointed to this position. As the United States Attorney, Ms. Buchanan oversaw the prosecution of more than 5,000 cases, including corporate and securities fraud, bank fraud, foreign corrupt practices, false claims, money laundering, health care fraud, public corruption and a broad range of violent crimes. Prior to that time, Ms. Buchanan spent more than 13 years as an Assistant United States Attorney litigating criminal, civil and appellate cases.
During her tenure as the United States Attorney, Ms. Buchanan also held several posts at the DOJ, including serving as the director of the Executive Office for United States Attorneys, acting director of the DOJ’s Office on Violence Against Women and chair of the Attorney General’s Advisory Committee. Ms. Buchanan also served on the U.S. Sentencing Commission's Organizational Guidelines Advisory Committee, which made recommendations to the Commission for amendments to the Sentencing Guidelines for Business Organizations.
Associate, Bryan Cave Leighton Paisner LLP
Brooke Cook is a member of the firm’s Commercial Disputes and Investigations, Financial Regulation, and White Collar Practice Groups. She serves as counsel in a variety of complex commercial litigation matters in both state and federal court, including business litigation, commercial contract disputes, real estate litigation, and employment litigation. Her practice also includes representing both individuals and large companies in government enforcement actions and investigations. Ms. Cook also maintains an active pro bono practice.
Ms. Cook was a summer associate in Bryan Cave Leighton Paisner’s New York office in 2016. Prior to joining the firm, Ms. Cook was a judicial intern to the Honorable Norman K. Moon of the United States District Court for the Western District of Virginia and an extern for the U.S. Attorney’s Office for the Central District of California in the criminal division. During law school, Ms. Cook served as a Dillard Fellow for the Legal Research and Writing program at the University of Virginia School of Law where she assisted first year law students with drafting legal memoranda and appellate briefs and judged an appellate oral argument competition. She was also the assistant managing editor for the Journal of Law & Politics.
Before law school, Ms. Cook worked in public policy in Washington, D.C.
Former United States Ambassador to the United Nations; Former Governor of South Carolina; Author, With All Due Respect: Defending America with Grit and Grace
Nikki Haley is the former U.S. ambassador to the United Nations in the Trump administration. She is the 29th person to serve in the position.
President Donald Trump asked Haley to serve in the position on November 23, 2016. She was confirmed by the U.S. Senate on January 24, 2017 and served until December 2018.
Haley previously served as the 116th governor of South Carolina from 2011 to 2017. From 2005 to 2010, Haley served in the South Carolina House of Representatives, representing District 87, Lexington County.
President, Americas and Global Chief Legal Officer, Merkle Science
Mary Beth Buchanan is currently President, Americas and Global Chief Legal Officer at Merkle Science. She was former General Counsel for Kraken Cryptocurrency Exchange. She was a partner at Bryan Cave LLP in the firm’s White Collar Defense and Investigations and Securities Litigation and Enforcement Client Service Groups. She concentrated her practice on white collar criminal defense, SEC and FINRA enforcement matters, corporate and accounting fraud, internal investigations, corporate compliance, foreign corrupt practices violations, Congressional investigations and complex civil litigation.
Ms. Buchanan served as the United States Attorney for the Western District of Pennsylvania from September 2001 to November 2009, having been appointed by President George W. Bush. She is the only woman in Pennsylvania's history to be presidentially appointed to this position. As the United States Attorney, Ms. Buchanan oversaw the prosecution of more than 5,000 cases, including corporate and securities fraud, bank fraud, foreign corrupt practices, false claims, money laundering, health care fraud, public corruption and a broad range of violent crimes. Prior to that time, Ms. Buchanan spent more than 13 years as an Assistant United States Attorney litigating criminal, civil and appellate cases.
During her tenure as the United States Attorney, Ms. Buchanan also held several posts at the DOJ, including serving as the director of the Executive Office for United States Attorneys, acting director of the DOJ’s Office on Violence Against Women and chair of the Attorney General’s Advisory Committee. Ms. Buchanan also served on the U.S. Sentencing Commission's Organizational Guidelines Advisory Committee, which made recommendations to the Commission for amendments to the Sentencing Guidelines for Business Organizations.
Associate, Bryan Cave Leighton Paisner LLP
Brooke Cook is a member of the firm’s Commercial Disputes and Investigations, Financial Regulation, and White Collar Practice Groups. She serves as counsel in a variety of complex commercial litigation matters in both state and federal court, including business litigation, commercial contract disputes, real estate litigation, and employment litigation. Her practice also includes representing both individuals and large companies in government enforcement actions and investigations. Ms. Cook also maintains an active pro bono practice.
Ms. Cook was a summer associate in Bryan Cave Leighton Paisner’s New York office in 2016. Prior to joining the firm, Ms. Cook was a judicial intern to the Honorable Norman K. Moon of the United States District Court for the Western District of Virginia and an extern for the U.S. Attorney’s Office for the Central District of California in the criminal division. During law school, Ms. Cook served as a Dillard Fellow for the Legal Research and Writing program at the University of Virginia School of Law where she assisted first year law students with drafting legal memoranda and appellate briefs and judged an appellate oral argument competition. She was also the assistant managing editor for the Journal of Law & Politics.
Before law school, Ms. Cook worked in public policy in Washington, D.C.
Former United States Ambassador to the United Nations; Former Governor of South Carolina; Author, With All Due Respect: Defending America with Grit and Grace
Nikki Haley is the former U.S. ambassador to the United Nations in the Trump administration. She is the 29th person to serve in the position.
President Donald Trump asked Haley to serve in the position on November 23, 2016. She was confirmed by the U.S. Senate on January 24, 2017 and served until December 2018.
Haley previously served as the 116th governor of South Carolina from 2011 to 2017. From 2005 to 2010, Haley served in the South Carolina House of Representatives, representing District 87, Lexington County.
Attorney, Writer and Consultant
Dennis Saffran is an appellate attorney and political and policy writer based in Queens, NY. He has served as chief of appellate litigation for Nassau County, NY, chief lawyer of the New York State Division of Housing, and a Special Assistant to the New York State Attorney General, and was the founder of the New York office and then national Executive Director of the Center for the Community Interest, a public interest group that supported anti-crime and quality-of-life initiatives like those of the Giuliani and Bloomberg Administrations in New York City.
Dennis has litigated constitutional and municipal law cases in the Second Circuit Court of Appeals, the New York State Court of Appeals, and other appellate courts, and has submitted amicus briefs to the Supreme Court and other courts supporting the plaintiffs in the landmark case of Students for Fair Admissions v. President and Fellows of Harvard College, as well as in the pending case before SCOTUS of Chiles v. Salazar concerning the constitutionality of bans on so-called "conversion therapy." He has also written on legal, political and public policy issues for various publications including the Manhattan Institute's City Journal, the Wall Street Journal, the New York Daily News and New York Post, Newsweek, RealClear Policy and Quillette, and has been a guest on various television and radio news and talk shows.
In 2001 and 2013, Dennis was the Republican candidate for the New York City Council from Northeast Queens, one of the few competitive districts in the city, receiving 48% of the vote and losing by a 1% margin in 2001 in the closest election in the city that year.
Dennis grew up in Queens and is an honors graduate of Forest Hills High School, Harvard College and New York University Law School. He and his wife Jane Stewart Saffran live in Douglaston, NY, where they raised their two children: Kristina, the founder of Equip, a telehealth treatment program for eating disorders, and Nick, a senior editor at the Manhattan Institute.
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A Discussion with Hon. Nikki Haley
Mary Beth Buchanan, Brooke Cook Wilson, Nikki R. Haley
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Dennis J. Saffran
*** Please note: CLE is no longer available for this teleforum/podcast.*** Electronic Sign In: Click...
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