Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.
Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science. Before that he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He also has taught at DePaul College of Law and UCLA Law School.
He is the author of eleven books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (Picador Macmillan) published in November 2018, and two books published by Yale University Press in 2017, Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman).
He also is the author of more than 200 law review articles. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.
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).
President & CEO, National Constitution Center
Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, a nonpartisan nonprofit organization whose mission is to educate the public about the U.S. Constitution. Located steps from Independence Hall in Historic Philadelphia, the Center engages millions of citizens as an interactive museum, national town hall, and provider of nonpartisan resources for civic education. Rosen became President and CEO in 2013 and has developed the Center’s acclaimed Interactive Constitution, which brings together the top conservative and liberal legal scholars in America to discuss areas of agreement and disagreement about every clause of the Constitution. The online resource has received more than 15 million hits since launching in 2015.
Rosen is also professor at The George Washington University Law School and a contributing editor of The Atlantic. He is a highly regarded journalist whose essays and commentaries have appeared in the New York Times Magazine, on National Public Radio, in the New Republic, where he was the legal affairs editor, and The New Yorker, where he was a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and a reviewer for the Los Angeles Timescalled him “the nation’s most widely read and influential legal commentator.”
Rosen is the author of six books including, most recently, a biography of William Howard Taft, published as part of the American Presidents Series. His other books include Louis D. Brandeis: American Prophet; The Supreme Court: The Personalities and Rivalries that Defined America; The Most Democratic Branch: How the Courts Serve America; The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age; and The Unwanted Gaze: The Destruction of Privacy in America. He is co-editor of Constitution 3.0: Freedom and Technological Change.
Rosen is a graduate of Harvard College; Oxford University, where he was a Marshall Scholar; and Yale Law School.
Bruce C. Hafen Professor of Law, Brigham Young University, J. Reuben Clark Law School
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Partner, Hollingsworth LLP, Washington, DC.
Mr. Lasker litigates a wide variety of complex civil matters, with a current focus on toxic torts, environmental litigation, Alien Tort Statute litigation, and pharmaceutical products liability. Mr. Lasker has also represented clients in a variety of civil and criminal government investigation-related matters involving bank regulatory compliance, False Claims Act claims, and alleged price fixing, and he served as lead counsel in successfully defending a foreign client against a Foreign Corrupt Practices claim in a jury trial that was featured in the Legal Times. He represents clients in jury and bench trials, before arbitral panels and administrative courts, and both at trial and on appeal.
Mr. Lasker has significant experience defending against all matter of legal claims involving FDA- and EPA-regulated products and alleged toxins and environmental contaminants. He has represented clients in pharmaceutical products liability claims involving antipsychotic medications, obstetrical drugs, antifungals, antiepileptics, and cough/cold medicines, and in toxics/environmental matters involving herbicides, asbestos, lead paint, nonionizing radiation, and chemical solvents. He has represented clients in matters arising both in the United States and abroad, and in matters arising under both domestic and international law. Mr. Lasker's practice also includes matters involving sensitive national security issues, and he has represented his clients’ interests in meetings with both U.S. and foreign government officials. He has extensive expertise in developing and implementing sophisticated medical causation and science-based defenses, and he has successfully litigated issues involving Daubert, the federal preemption defense, and natural resource damages claims. He also assists clients in due diligence investigations as relates to environmental and toxics liabilities and through amicus briefing on key legal issues.
Mr. Lasker played a prominent role in helping to establish asbestos defendants’ rights to insurance non-products coverage through a successful amicus effort that secured one of the seminal judicial opinions recognizing the existence of such coverage, litigation efforts resulting in securing several hundreds of millions of dollars in asbestos non-products insurance recoveries, and oral presentations and publications on issues involving non-products coverage. He has also defended personal injury claims in asbestos litigation, advancing medical causation defenses as the asbestos litigation has extended to tertiary and even more remotely-situated corporate defendants.
Mr. Lasker is frequently requested to speak and publish on issues of interest to his clients, and he has been interviewed on such topics in numerous fora, including the AMA's American Medical News, Bloomberg News, the National Law Journal, and thePhiladelphia Inquirer. Mr. Lasker serves on the Board of Editors of LJN's Product Liability Law & Strategy newsletter and he is the Chair of the Toxics & Hazardous Substances Committee of the International Association of Defense Counsel (IADC), an invitation-only professional association for corporate and insurance defense attorneys around the world. He also serves as a member of the Defense Research Institute (DRI).
Partner, Hollingsworth LLP, Washington, DC.
Ms. Womeldorf joined the Hollingsworth LLP following clerkships with the Honorable Lewis F. Powell, Jr. and the Honorable Anthony M. Kennedy of the United States Supreme Court. She previously served as a law clerk to the Honorable Robert R. Merhige, Jr. of the United States District Court for the Eastern District of Virginia.
Ms. Womeldorf concentrates her practice on complex civil litigation. She has substantial experience in the defense of high-stakes mass torts, including serving as a member of the defense steering committee in the substantial welding fume Multidistrict Litigation (“MDL”) pending in Cleveland. She also represents pharmaceutical manufacturers in the defense of personal injury claims involving prescription drugs.
Ms. Womeldorf counsels clients on a wide range of issues designed to minimize potential liability, including issues related to workplace practices, Sunshine in Litigation legislation and class action treatment of medical monitoring claims. She is a member of the Sedona Conference Working Group on Protective Orders, Confidentiality and Public Access, and she actively participates with Lawyers for Civil Justice (“LCJ”). Her practice extends into general complex commercial litigation and employment law issues, and she previously served as counsel in the Office of the Senate Chief Counsel for Employment of the United States Senate.
Ms. Womeldorf participates in the Georgetown University Law Center’s Supreme Court Institute, which conducts moot courts for approximately 50 percent of the cases argued before the United States Supreme Court in any given term. She served as Lead Articles Editor for the Washington & Lee Law Review, and is a member of the Defense Research Institute (DRI).
Ms. Womeldorf is recognized in the Washington, DC edition of Super Lawyers for 2013 as she was in 2012.
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
*Russell W. Hasan is a New York attorney. He is a graduate of Vassar College and an Honors graduate of the University of Connecticut School of Law. He writes for Liberty Magazine and also maintains a website of libertarian informationalresources. He welcomes emails at [email protected] and he tweets at@RussHasan
Partner, King & Spalding
Drew Hruska focuses on criminal and regulatory litigation and investigations, internal investigations, regulatory compliance and risk advice. A partner in our Special Matters and Investigations practice, Drew represents major financial services and industrial companies, family offices and prominent individuals.
Drew represents a variety of financial services clients, including securities, commercial banking, insurance, insurance brokerage, hedge funds and private equity funds, along with major industrial companies, concerning enforcement and national security investigations by government agencies, including the U.S. Department of Justice, OFAC, SEC, state attorneys general, and many others. Matters under investigation typically involve fraud, money laundering, international sanctions, foreign corrupt practices, banking regulation, false claims, taxation, data privacy and security, antitrust and immigration restrictions.
In addition, Drew consults with numerous multinational companies on a range of criminal, regulatory compliance, and risk issues. Drew speaks Russian and is frequently engaged on financial enforcement issues involving Russia and Eastern Europe. He has also served in independent roles a Monitor appointed by an international organization, an independent legal advisor for the Federal Reserve and Office of the Controller of the Currency, and as a court-appointed Examiner in bankruptcy.
Before joining our firm, Drew served as the Chief Assistant U.S. Attorney for the Eastern District of New York, where he supervised the criminal and civil divisions. He also oversaw the office’s corporate fraud offensive, including investigations of Computer Associates and Symbol Technologies. Drew served as Acting U.S. Attorney for the prosecution of the New York Racing Association on tax conspiracy charges. He also led the criminal investigation of the Staten Island Ferry crash of October 15, 2003, that resulted in a manslaughter conviction for New York City’s Ferry Service Director.
Previously, Drew served as Senior Counsel to U.S. Deputy Attorney General Larry Thompson, and as an Assistant District Attorney in the Manhattan District Attorney’s Office, where he prosecuted major securities, bank and insurance fraud cases as a member of the Frauds Bureau.
Drew is recognized by Chambers, Benchmark Litigation, Legal 500, and Who’s Who Legal. He serves on the World Jewish Congress President’s Security Advisory Committee and on the Dewey Medal Prize Committee for the New York City District Attorneys’ Offices.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
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.
Professor of Law, Quinnipiac University School of Law
Stephen G. Gilles joined the Quinnipiac School of Law faculty in 1995. He teaches courses in tort, insurance, administrative, and advanced constitutional law and in law and economics. His research interests include tort law, especially negligence and strict liability, and constitutional law, especially parental and abortion rights. His recent publications include “The Judgment-Proof Society,” in the Washington & Lee Law Review and “Parental (and Grandparental) Rights after Troxel v Granville” in the Supreme Court Economic Review. Before joining the School of Law, he clerked for Judge Robert Bork and U.S. Supreme Court Justice Sandra Day O’Connor, practiced as an appellate litigator, and taught at the University of Chicago Law School. He is married and has six children.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Debate on Fisher and Shelby County - Podcast
Erwin Chemerinsky, Roger B. Clegg, Jeffrey Rosen
The Federalist Society co-sponsored a Teleforum call with the National Constitution Center and the American...
“Conscience Exemptions”
Lynn Wardle
Note from the Editor: This paper discusses the meaning, history, and present application of conscience...
Dodd-Frank’s Threat To The Constitution’s Separation of Powers
Milwaukee, WisconsinNet Neutrality vs. Net Reality: Why an Evidence-Based Approach to Enforcement, And Not More Regulation, Could Protect Innovation on the Web
Maureen K. Ohlhausen
Related Links: Senate Committee on Commerce, Science, and Transportation, Hearing on “Network Neutrality” (testimony of...
Preemption of Punitive Damages in Prescription Drug Litigation
Eric Lasker, Rebecca A. Womeldorf
Over the past 16 years, the United States Supreme Court has repeatedly addressed the question...
Affordable Care Act Compliance: Say “Hello” to Collective Bargaining Obligations
R. Pepper Crutcher, R Crutcher
Related Links: UC Berkely Labor Center, The Affordable Care Act: A Guide for Union Negotiators...
Winning the Copyright War: Copyright’s Merger Doctrine and Natural Rights Theory as Solutions to the Problem of Reconciling Copyright and Free Speech
Russell Hasan
I. Introduction A. Overview Concerns that the enforcement of copyright law might conflict with First...
International Criminal Discovery
Andrew C. Hruska
I. Introduction While money moves at the speed of light across national boundaries, law enforcement...
Antitrust and High-tech: Regulatory Risks for Innovation and Competition
Ronald A. Cass
I. Target Selection in an Innovation Economy A. Regulatory Power, Regulations’ Problems, and Antitrust While...
Mandatory Liability Insurance for Firearm Owners: Design Choices and Second Amendment Limits
Nelson Lund, Stephen G. Gilles
Some twenty-five years ago, one of us sketched out a rationale for using mandatory liability...