Partner, Willkie Farr & Gallagher LLP
Francis J. Menton, Jr. is a partner in the Litigation Department and Co-Chair of the Business Litigation Practice Group of Willkie Farr & Gallagher LLP in New York. Mr. Menton specializes in complex and technical commercial litigation, principally contract and securities claims. He has a nationwide trial practice, and has tried cases in state and federal courts including Colorado, Kansas, Massachusetts, Michigan, New York, Puerto Rico, Texas, Virginia, and Washington.
Mr. Menton is the author of "New Opportunities for Defendants in Securities Class Actions," Engage (Fall 2007), "Can You Protect Yourself Against Identity Theft?" New York Law Journal (April 29, 2002), and "Top Ten Federal Government Efforts to Suppress Free Speech," Federalist Society Free Speech and Election Law News (Summer 2000, 1999, 1998). He also authored "Evaluating Claims Under The Securities Litigation Reform Act of 1995," New York Law Journal (January 6, 1996).
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
United States Court of Appeals, Second Circuit
Dennis Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. At the time of his appointment in 1992, he was a partner in the New York law firm of Simpson Thacher & Bartlett.
Judge Jacobs received his B.A. degree from Queens College of the City University of New York in 1964; his M.A. degree from New York University in 1965; and his J.D. degree from the New York University School of Law in 1973.
Judge Jacobs was a lecturer in the English Department of Queens College of the City University of New York from 1967 until 1969. He was in private practice from 1973 with the New York law firm of Simpson, Thacher & Bartlett, serving as a partner there from 1980 until his judicial appointment.
In 1997-2004, Judge Jacobs was a member of the Committee on Judicial Resources of the Judicial Conference of the United States; starting in 1999 he was chair of that committee.
Judge Jacobs is a native of New York City.
Former United States National Security Advisor
John R. Bolton served as Assistant to the President and National Security Advisor from April 2018 to September 2019.
Prior to his appointment, Ambassador Bolton served as a senior fellow at the American Enterprise Institute (AEI); of counsel at Kirkland & Ellis; a contributor to FOX News Channel and FOX Business Network; and his op-ed articles were regularly featured in major media publications.
Ambassador Bolton was appointed as United States Permanent Representative to the United Nations on August 1, 2005 and served until his resignation in December 2006. Prior to his appointment, Ambassador Bolton served as Under Secretary of State for Arms Control and International Security from May 2001 to May 2005.
Other positions he has previously held include Assistant Secretary for International Organization Affairs at the Department of State, 1989-1993; Assistant Attorney General, Department of Justice, 1985-1989; Assistant Administrator for Program and Policy Coordination, U.S. Agency for International Development, 1982-1983 and General Counsel, U.S. Agency for International Development, 1981-1982.
Ambassador Bolton is the author of Surrender is Not an Option: Defending America at the U.N. and Abroad, published by Simon and Shuster (November 2007) and How Barack Obama is Endangering our National Sovereignty, published by Encounter Books (April 2010).
Ambassador Bolton was born in Baltimore, Maryland. He graduated with a Bachelor of Arts degree, summa cum laude, Phi Beta Kappa, from Yale College in 1970, and received his Juris Doctor from Yale Law School in 1974. He currently resides in Maryland with his wife, Gretchen. They have one daughter, Jennifer Sarah, who also graduated from Yale College, and received her MBA and SM degrees from MIT in 2014 and is currently a senior manager at Nissan’s facility in Nashville.
Fellow, The Constitution Project at the Project On Government Oversight
Morton Rosenberg was a senior legal analyst with the Congressional Research Service (CRS) for 35 years specializing in the areas of constitutional law , administrative law and process, congressional practice and procedure, and labor law, and in the problems raised by the interface of Congress and the Executive which involved the scope of congressional oversight and investigative prerogatives, the validity of claims of executive and common law privileges before committees, enforcement of subpoenas, and issues raised by the presidential exercise of temporary and recess appointment. He also served extended details as legal counsel for a special investigative committee and as a legal advisor to the House General Counsel.
Since his retirement from CRS in 2008 he has undertaken a variety of consulting projects and assignments that have tapped into his experience and expertise in constitutional, congressional and administrative law, practice and procedure. This has included an engagement by the Constitution Project to research and write a monograph on congressional investigative oversight in 2009 which was updated and expanded and published in May 2017 entitled "When Congress Comes Calling: A Study on the Principles, Practices. and Pragmatics of Legislative Inquiry." He also served as a consultant to the general counsel of the Public Company Accounting Oversight Board (PCAOB) and its private counsel in the preparation of briefs and for oral argument before the Supreme Court in Free Enterprise Fund v. PCAOB (2010); and in preparing and submitting an amicus brief to the Supreme Court in NLRB v. SW General (2017) which was cited five times by the majority opinion. He is presently of counsel to the law firm Barnett Sivon & Natter, Washington, D.C. and a Constitution Project Fellow.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Bell, McAndrews & Hiltachk, LLP
University Professor; John Edward Sexton Professor of Law; Director, Frank J. Guarini Center on Environmental, Energy, and Land Use Law, New York University School of Law
Recognized as one of the world's leading scholars in environmental and administrative law, Richard Stewart is University Professor and John Edward Sexton Professor of Law at New York University School of Law. Prior to joining the NYU School of Law faculty, Stewart had served as a Byrne Professor of Administrative Law at Harvard Law School and a member of the faculty of the Kennedy School of Government at Harvard; Assistant Attorney General in charge of the Environment and Natural Resource Division of the U.S. Department of Justice, and Chairman of the Environmental Defense Fund.
Professor Stewart directs the school's Frank J. Guarini Center on Environmental and Land Use Law, which sponsors research, conferences, and publications on cutting-edge issues of environmental and land use law. Students are closely involved in the Center's activities, many of which focus on international and comparative environmental law issues, with a focus on climate law, policy and finance. His climate research and policy work includes how climate mitigation and adaptation can be promoted through sustainable cities policies and measures, and how private and public climate finance for developing countries can promote climate-sustainable urban development.
Stewart is also closely involved in the efforts of the U.S. government to solve the nation’s nuclear waste management and disposal problems. Stewart, along with NYU Professor Benedict Kingsbury, co-directs a major project on Global Administrative Law, examining how procedural opportunities for public participation in administrative decision making and review mechanisms can help meet accountability gaps in current global regulatory institutions, ranging from the WTO and the UN to informal networks of environmental and economic regulatory officials. This project, headquartered at NYU, is proceeding in collaboration with academics and officials around the globe, has produced an extensive body of research and publications aimed at developing strategies for strengthening the accountability and responsiveness of global regulatory bodies. The project includes substantial work on climate and other global environmental issues.
Stewart has worked with the Environmental Protection Committee of China’s National People’s Congress to strengthen China’s environmental laws. He has also been involved, with UN agencies and NGOs, in the development of domestic and international emissions trading systems to control greenhouse gases. He and colleagues have published a major book on Climate Finance, and held an international conference and series of workshops on climate finance in Abu Dhabi under the auspices of the NYU Abu Dhabi Institute. The Center has also conducted environmental legal assistance projects for developing countries and countries with economies in transition including issues of urbanization. Students are extensively involved in these projects.
A prolific author, Stewart has published ten books and more than 100 articles on environmental and administrative law, including the intersection between theory and practice in environmental law and the need to develop innovative methods for environmental protection. His writing favors a reliance on a market-oriented approach to environmental protection, rather than the central-planning systems of command and control regulation that have been used for the past 30 years. He has been a visiting professor at the Universities of Bologna, Chicago, and Rome, the University of California at Berkeley, the European University Institute, Yale University and Georgetown University. He is a member of the American Academy of Arts and Sciences and the American Law Institute, a Director of the Health Effects Institute, and a member of the editorial boards of several European scholarly journals. He holds honorary degrees from The University of Rome "La Sapienza” and the Erasmus University in the Netherlands.
Chief Justice, Florida Supreme Court
Justice Charles Canady was born in Lakeland, Florida, in 1954. He is married to Jennifer Houghton, and they have two children. He received his B.A. from Haverford College in 1976 and his J.D. from the Yale Law School in 1979.
Justice Canady practiced law with the firm of Holland and Knight in Lakeland from 1979 through 1982. He practiced with the firm of Lane, Trohn, et al., from 1983 through 1992.
From November 1984 to November 1990, Justice Canady served three terms in the Florida House of Representatives, and from January 1993 to January 2001, he served four terms in the United States House of Representatives. Throughout his service in Congress, Justice Canady was a member of the House Judiciary Committee. For three terms, from January 1995 to January 2001, Justice Canady was the Chairman of the House Judiciary Subcommittee on the Constitution.
Upon leaving Congress, Justice Canady became General Counsel to Governor Jeb Bush. He was appointed by Governor Bush to the Second District Court of Appeal for a term beginning November 20, 2002.
On August 28, 2008, Justice Canady was appointed to the Florida Supreme Court by Governor Charlie Crist and took office on September 8, 2008. He served as Chief Justice from July 2010 through June 2012. In March 2018, he was elected by his colleagues to serve as Chief Justice for a second time, with his two-year term starting July 1, 2018, and a third time starting July 1, 2020.
The Independent Counsel: What's Next?
From the Editors: The Independent Counsel law expired on June 1 amidst much debate on what,...
Top Ten Federal Government Efforts to Suppress Free Speech 1998-99
Francis J. Menton
It's been another year of tireless struggle by the Government to suppress the free speech...
Panel Proceedings: The Pinochet Case & Head of State Immunity
Kenneth Roth, Jeffrey Greenbaum, Jeremy A. Rabkin, Dennis Jacobs, John R. Bolton
Editor's Note: This issue is dedicated to a panel discussion on International Law and Head...
Congress Reforms Vacancies Act to Protect the Senate's Confirmation Prerogative
Morton Rosenberg
The Constitution directs how officials who will exercise substantial authority under the laws are to...
Encryption Technology: I hear you knockin’, but you can’t come in
Robert F. Schroeder, John G. Malcolm
In these heady days of the Internet, other forms of global communication, and multinational corporations,...
Proposition 226 Paycheck Protection: the California Experience
Charles H. Bell
"Paycheck Protection" legislation has been introduced in nearly a dozen states and in Congress in...
Natural Resource Damages: The New Wave of Environmental Liability
Richard B. Stewart
Natural resource damages (NRD) are an awakening "sleeping giant" of environmental liability that poses serious...
WIPO Treaties to Raise International Copyright Norms, Provoke Legislative Debate in the United States
Jeffrey P. Cunard, Bruce P. Keller, Albert L. Wells
The three-week World Intellectual Property Organization ("WIPO") diplomatic conference in Geneva ("WIPO Conference"), which concluded...
The Civil Rights Act of 1997
Charles T. Canady
On June 17, 1997, I introduced the Civil Rights Act of 1997 (H.R. 1909) in...
Department of Education v. Academic Standards
Jennifer Nelson
On July 14, the U.S. Department of Education's Office of Civil Rights announced that it...