Tad and Dianne Taube Senior Fellow, Hoover Institution, Stanford University; Former Director of Policy Planning Staff, U.S. Department of State
Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, Stanford University. From 2019-2021, he served as the Director of the State Department’s Policy Planning Staff, executive secretary of the department’s Commission on Unalienable Rights, and senior adviser to the Secretary of State. Peter studies and writes about, among other things, constitutional government, conservatism and progressivism, liberal education, national security and law, and Middle East politics. He is the author of Constitutional Conservatism: Liberty, Self-Government, and Political Moderation; Israel and the Struggle over the International Laws of War; Virtue and the Making of Modern Liberalism; and Nietzsche: The Ethics of an Immoralist. He has edited seven volumes on American politics and political institutions. He is a contributor at RealClearPolitics, and has written hundreds of essays, articles, and reviews on many subjects for a variety of publications, including the American Political Science Review, the Atlantic, the Chronicle of Higher Education, the Claremont Review of Books, Commentary, First Things, Haaretz, the Jerusalem Post, National Review, the New Republic, the New York Post, the New York Sun, PJ Media, Policy Review, the Public Interest, the Times Literary Supplement, the Wall Street Journal, the Washington Post, the Weekly Standard, the Wilson Quarterly, and the Yale Law Journal. Peter holds a JD and a PhD in political science from Yale University; an MA in philosophy from the Hebrew University of Jerusalem; and a BA in English literature from Swarthmore College.
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.
Managing Director, SCF Partners
Daniel G. West invests in energy services, equipment, and technology companies at SCF Partners in Houston, Texas. He provides equity capital and strategic growth assistance to entrepreneurs and leaders of both start-up ventures and established, growing businesses.
Prior to joining the private sector, Mr. West served as an infantry officer in the United States Marine Corps. As a platoon commander with the 22nd Marine Expeditionary Unit aboard the USS Mesa Verde, he led the Tactical Recovery of Aircraft and Personnel force in support of the NATO aerial campaign over Libya. He then served as executive officer of India Company, 3rd Battalion, 9th Marines as it mentored Afghan forces to assume lead security responsibility and executed counter-narcotics missions in Marjah, Helmand Province, Afghanistan. He also served as a clerk for Judge Laurence H. Silberman on the U.S. Court of Appeals for the D.C. Circuit.
Mr. West holds degrees in law, business administration, and economics from Harvard University, where he served as an editor of the Harvard Law Review and taught undergraduate courses in economics and government. He is a member of the Executive Committee of the International & National Security Law Practice Group of the Federalist Society and a term member of the Council on Foreign Relations.
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.
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.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The 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.
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.
Ella A. and Ernest H. Fisher Professor of Law, Ohio Northern University Claude W. Pettit College of Law
Professor Lewis joined the Ohio Northern faculty in August, 2006. Lewis flew F-14's for the United States Navy in Operation Desert Shield, conducted strike planning for Desert Storm and was deployed to the Persian Gulf to enforce the no-fly zone over Iraq. He was a Topgun graduate in 1992 and was featured in a NOVA documentary on Topgun and aircraft carriers.
After his naval service, Lewis graduated from Harvard Law School, cum laude, was a management consultant with McKinsey and Company, and served as a litigation associate with McGuireWoods, LLP, in Norfolk, Virginia.
Professor Lewis published more than a dozen articles and essays on various aspects of the law of war and the conflict between the US and al Qaeda. His work has been cited by the Seventh, Ninth and Eleventh Circuit Courts of Appeals. He has testified before Congress on the legality of drone strikes in Pakistan and Yemen and on the civil liberties tradeoffs associated with trying some Al Qaeda members or terrorist suspects before military commissions. His op-eds have appeared in numerous media outlets including the LA Times and the New York Post and he has appeared on Public Radio International to discuss the increasing use of armed drones in warfare. He delivered scores of presentations and panel presentations before military and law school audiences alike including presentations to the international Military Operations Law conference in Queensland, Australia, the US Army's JAG School in Charlottesville, VA and law school events at Stanford, Chicago, Columbia, Penn, Duke, Texas and Northwestern among others.
Professor Lewis received the Award for Excellence in Classroom Teaching for the 2007-08 academic year.
He taught Commercial Law, International Law, a Law of War Seminar and Torts. He also taught Corporate Finance and Accounting for Lawyers. His other teaching interests included Civil Procedure and Contracts.
Fellow, National Security Institute, Antonin Scalia Law School, George Mason University
Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade. He is also a Fellow at the National Security Institute of George Mason University Law School. Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs. His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities. Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism. He has often written and spoken on national security and other public policy issues. Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute. He received his B.A. from Northwestern University and his J.D. from Cornell Law School.
Executive Director of the Military Law and Policy Institute and AMVETS Legal Clinic
Professor Rotunda is regarded as a leading expert in military law and currently teaches Law of War and a Family Violence Clinic. She is the author of Honor Bound: Inside the Guantanamo Trials, published by Carolina Academic Press (2008). She directed the Clinic for Legal Assistance to Service Members at George Mason School of Law, where she and her students successfully represented military families in various legal disputes, including Physical Evaluation Boards and Traumatic Service Group Life Insurance Appeals. Rotunda has recovered hundreds of thousands of dollars for disabled troops.
Professor Rotunda began her career in the US Army JAG Corps and has since been recruited by the National Veterans Legal Services Program (NVLSP) to produce a series of instructional DVDs about military law. She has also authored a coordinating outline and co-authored NVLSP's forthcoming book regarding military administrative/disability proceedings, to be published by Lexis Nexis. She remains in the Army Reserves and holds the rank of Major. Rotunda has served in several missions related to the Global War on Terror: she served in Guantanamo Bay, was the legal advisor to a team of investigators pursuing leads in the war on terror, served as a prosecutor at the Office of Military Commissions, represented wounded troops at Walter Reed Army Medical Center, and was the lawyer assigned to Jessica Lynch after Lynch's rescue.
Professor Rotunda is an avid writer and advocate for soldiers. She has written op-eds for The Christian Science Monitor, The Wall Street Journal, The Chicago Tribune, and The Washington Times. She is a regular television and radio commentator regarding military law and the ongoing trials in Guantanamo Bay. She has appeared on more than 20 nationally-syndicated radio shows, including The Michael Reagan Show, The Dennis Miller Show, and the Jim Bohannon Show. Rotunda has also appeared on national and international television news programs, including Hannity's America, the Brit Hume Report, and Al Jazeera.
B.A., University of Wyoming; J.D., University of Wyoming College of Law
Hon. George J. Mitchell Professor in Law and Public Policy, Georgetown Law
David Cole is the Honorable George J. Mitchell Professor in Law and Public Policy and former National Legal Director of the American Civil Liberties Union (ACLU). He writes about and teaches constitutional law, freedom of speech, and constitutional criminal procedure. He is a regular contributor to The New York Review of Books and is the legal affairs correspondent for The Nation.
David has published widely in law journals and the popular press, including The Yale Law Journal, California Law Review, Stanford Law Review, The New York Times, The Washington Post, The New Yorker, The Atlantic, and The New Republic. He is the author or editor of ten books, several of which have won awards. Less Safe, Less Free: Why America Is Losing the War on Terror, published in 2007, and co-authored with Jules Lobel, won the Palmer Civil Liberties Prize for best book on national security and civil liberties. Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism received the American Book Award in 2004. No Equal Justice: Race and Class in the American Criminal Justice System was named Best Non-Fiction Book of 1999 by the Boston Book Review and best book on an issue of national policy in1999 by the American Political Science Association.
David received his bachelor’s degree and law degree from Yale University. He worked as a staff attorney for the Center for Constitutional Rights from 1985 to 1990. He has continued to litigate as a professor and, from 2017 to 2024, as National Legal Director of the ACLU. He has litigated many significant constitutional cases at the Supreme Court, including Texas v. Johnson (1989), which extended First Amendment protection to flag burning; Bostock v. Clayton County (2020), which held that discrimination on the basis of sexual orientation and gender identity are prohibited forms of sex discrimination under Title VII; Mahanoy Area Sch. Dist. v. B.L. (2021), which protected student online speech from school discipline; and National Rifle Association v. Vullo (2024), which held that government officials violate the First Amendment when they use their regulatory authority to coerce private parties to blacklist a disfavored political group.
David has received two honorary degrees and numerous awards for his work, including the inaugural Norman Dorsen Presidential Prize from the ACLU for lifetime commitment to civil liberties. The late New York Times columnist Anthony Lewis called David “one of the country’s great legal voices for civil liberties today.” Nat Hentoff called him “a one-man Committee of Correspondence in the tradition of patriot Sam Adams.”
Professor of Practice, Cardozo School of Law
Gabor Rona received his B.A. from Brandeis University, J.D. from Vermont Law School and LL.M from Columbia Law School.
As the former International Legal Director of Human Rights First, he advised Human Rights First programs on questions of international law and coordinates international human rights litigation. He also represented Human Rights First with governments, intergovernmental and non-governmental organizations, the media and the public on matters of international human rights and international humanitarian law (the law of armed conflict).
Before Human Rights First, Rona was a Legal Advisor in the Legal Division of the International Committee of the Red Cross (ICRC) in Geneva. At the ICRC he focused on the application of international humanitarian and human rights law in the context of counter-terrorism policies and practices. He represented the ICRC in intergovernmental, nongovernmental, academic and public forums and his articles on the topic have appeared in the Financial Times, the Fletcher Forum on World Affairs and the Chicago Journal of International Law, among other publications. In addition, he represented the ICRC in connection with the establishment of international and other criminal tribunals, including the International Criminal Court. He has also taught International Humanitarian Law, International Human Rights Law and International Criminal Law at the International Institute of Human Rights in Strasbourg, France, the University Centre for International Humanitarian Law in Geneva, Switzerland and Columbia Law School in New York.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Partner, Baker & Hostetler LLP
Lee A. Casey focuses on federal environmental, constitutional and international law and Alien Tort Statute issues. He also advises clients on compliance issues under the Foreign Corrupt Practices Act (FCPA), U.S. trade sanctions regimes, and federal ethics requirements. Mr. Casey’s practice includes federal, district and appellate court litigation, as well as matters before federal agencies. Prior to joining BakerHostetler, Mr. Casey was an associate with Hunton & Williams, practicing in international, environmental and constitutional law. From 2004 through 2007 he served as an member of the United Nations Subcommission on the Promotion and Protection of Human Rights.
From 1986 to 1993, Mr. Casey served in various capacities in the federal government, including the Office of Legal Policy (1986-90) and the Office of Legal Counsel (1992-93) at the U.S. Department of Justice and served as Deputy Associate General Counsel at the U.S. Department of Energy (1990-92). The Office of Legal Counsel is responsible for advising the Attorney General and the White House on issues of constitutional law and statutory interpretation. The Office of Legal Policy served as a strategic “think tank” for the Reagan Justice Department and was responsible for reviewing candidates for appointments to the federal bench.
Before joining the government in 1986, Mr. Casey was an associate in the Los Angeles firm of Mitchell, Silberberg & Knupp, practicing in the litigation section, with an emphasis on copyright, contract and First Amendment issues. From 1984 to 1985, Mr. Casey served as Law Clerk to the Honorable Alex Kozinski, then Chief Judge of the United States Claims Court. From 1982 to 1984, he practiced at the Detroit firm of Dykema Gossett, focusing on corporate, securities, commercial and intellectual property litigation, and from 1990 through 1994, he served as an Adjunct Professor of Law at George Mason University School of Law in Arlington, Virginia.
Among the chapters, articles and papers that Mr. Casey has authored or co-authored are: “International Law and the Nation-State at the U.N.,” Reclaiming the Language of Freedom at the United Nations: A Guide for U.S. Policymakers, The Heritage Foundation (2006) (with David B. Rivkin, Jr.); “The Dangerous Myth of Universal Jurisdiction,” A Country I Do Not Recognize (ed. Robert H. Bork) (2005) (with David B. Rivkin, Jr.); “Leashing the Dogs of War,” The National Interest (Fall 2003) (with David B. Rivkin, Jr.); “The Limits of Legitimacy: The Rome Statute’s Unlawful Application to Non-State Parties,” 44 Va.J.Int’l L. 63 (Fall 2003) (with David B. Rivkin, Jr.); “Devil’s Advocates: The Danger of Judging Lawyers By Their Clients,” Policy Review (Feb. and Mar. 2002) (with David B. Rivkin, Jr.); “The Case Against the International Criminal Court,” 25 Fordham Int’l L.J. 840 (2002); “Europe in the Balance: The Alarmingly Undemocratic Drift of the European Union,” Policy Review (June and July 2001) (with David B. Rivkin Jr.); “Against an International Criminal Court,” Commentary, May 1998 (with David B. Rivkin, Jr.); “Federalism (Cont’d.),” Commentary, December 1996 (with David B. Rivkin, Jr.); “Presidents and War Powers: Another View,” Common Sense, Winter 1996 (with David B. Rivkin, Jr.); “How Binding Are Contracts?” The American Enterprise, Nov./Dec. 1993 (with David B. Rivkin, Jr.); and “Pirate Constitutionalism: An Essay in Self-Government,” 8 J. of L. & Politics 477 (1992).
Mr. Casey is a member of the California, Michigan and District of Columbia Bar Associations.
Partner, Baker & Hostetler LLP
Darin Bartram focuses his practice in the areas of constitutional litigation and appellate work, with particular experience in environmental law.
Rockets, Pagers, and Targeted Strikes: Law-of-War Issues in the Israeli-Hezbollah Conflict
Peter Berkowitz, Diane A. Desierto, Daniel G. West
The international community has focused on the conflict in Gaza between Israel and Hamas following...
International 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, Charles Nelson Brower, Diane A. Desierto, Richard A. Epstein, Michael A. Newton
As international courts have addressed issues arising from the Ukraine-Russia and Israel-Hamas wars, we will...
The Use of Drones and Targeted Killing in Counterterrorism
Michael W. Lewis, Vincent Vitkowsky
Brought to you by the International & National Security Law Practice GroupThe Federalist Society takes no position on...
The Civilian Trial of Khalid Sheikh Mohammed
Kyndra Kaye Rotunda, David D. Cole, Gabor Rona, Andrew McCarthy, George J. Terwilliger
Last updated at 4:00 PM on Wednesday, February 1, 2010 On November 13, 2009, Attorney General Eric...
Unlawful Belligerency and its Implications Under International Law
David B. Rivkin, Lee A. Casey, Darin R. Bartram
By: Lee A. Casey, David B. Rivkin, Jr. & Darin R. Bartram* President Bush's Military...