St. Robert Bellarmine Professor of Law, The Catholic University of America Columbus School of Law; Nonresident Fellow, American Enterprise Institute, The Catholic University of America
José Joel Alicea is the inaugural St. Robert Bellarmine Professor of Law, Associate Dean for Faculty Research, and Director of the Law School’s Center for the Constitution and the Catholic Intellectual Tradition. He has also served as a Visiting Professor at Duke Law School and Notre Dame Law School. Prior to joining the Catholic Law faculty, Professor Alicea practiced law for several years at the law firm of Cooper & Kirk, PLLC, where he specialized in constitutional litigation. He previously served as a law clerk for Justice Samuel A. Alito Jr., on the United States Supreme Court and for Judge Diarmuid F. O'Scannlain on the United States Court of Appeals for the Ninth Circuit.
Professor Alicea’s scholarship has focused on constitutional theory. His scholarship has appeared, or is forthcoming, in the Yale Law Journal, the University of Pennsylvania Law Review, the Virginia Law Review, and the Notre Dame Law Review, among other publications. He has also been active in public debates about constitutional law, testifying before Congress and publishing essays in places like The New York Times, City Journal, and National Affairs.
Professor Alicea is a Fellow at the Columbus School of Law's Center for Religious Liberty and a Nonresident Fellow at The American Enterprise Institute. He is the recipient of several research and teaching awards, including the student-selected Professor of the Year teaching award.
Professor of Law, Antonin Scalia Law School, George Mason University
Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. He has written widely in the fields of property, private law, and constitutional law. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing. He is a member of the American Law Institute, he serves on the ALI’s Members’ Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.
Professor Claeys received his JD from the University of Southern California Gould School of Law. He received his AB from Princeton University, and he is a former visiting fellow and current member of Princeton’s Politics Department’s James Madison Program in American Ideals and Institutions. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States.
Professor Claeys’s main teaching interests include Property, Torts, Jurisprudence, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, Torts, and Oil and Gas law. Spring 2018, he is teaching Torts and Jurisprudence as a Visiting Professor at Harvard Law School.
Assistant Professor, Pepperdine Caruso School of Law
Professor Kubisch received his law degree from the University of Notre Dame, where he served as Editor-in-Chief of the Notre Dame Law Review and earned the Colonel William J. Hoynes Award for having the best academic record in his class. Professor Kubisch clerked for the Honorable Steven M. Colloton of the United States Court of Appeals for the Eighth Circuit during the 2015-2016 term. Prior to teaching at Pepperdine, Professor Kubisch was an associate at Jones Day, where he specialized in appellate litigation and critical motions practice.
Professor of Law, Northern Kentucky University Chase College of Law
Mike Mannheimer received his J.D. in 1994 from Columbia Law School, where he was a Harlan Fiske Stone Scholar all three years and served as Writing & Research Editor of the Columbia Law Review. After a brief stint as a staff attorney with the Criminal Appeals Bureau of the Legal Aid Society in New York City, he clerked for the Hon. Sidney H. Stein of the U.S. District Court for the Southern District of New York, and then for the Hon. Robert E. Cowen of the U.S. Court of Appeals for the Third Circuit.
From 1997 to 1999, he worked as a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison in New York City, where he practiced general commercial litigation and arbitration encompassing such diverse areas as antitrust, breach of contract, business torts, employment discrimination, ERISA, false advertising, product liability, and civil RICO.
For five years before joining the Chase faculty in 2004, Professor Mannheimer served as Appellate Counsel and then Senior Appellate Counsel at the Center for Appellate Litigation in New York City, where he represented indigent criminal defendants on appeal from their convictions and in related collateral proceedings. He has briefed and/or argued over forty appeals in the Appellate Division of the New York Supreme Court, the New York Court of Appeals, and the U.S. Court of Appeals for the Second Circuit. He has represented clients at every level of the state and federal judiciaries, from handling sentencing proceedings, motions, and hearings in the New York trial courts to filing cert. petitions in the U.S. Supreme Court.
Professor Mannheimer was Co-Chair of the Kentucky Death Penalty Assessment Team for the American Bar Association. He is also a prolific and eclectic scholar. He has published articles on the death penalty, coerced confessions, and the Establishment, Free Speech, Self-Incrimination, Confrontation, and Cruel and Unusual Punishments Clauses. His work on the use of the premeditation-deliberation formula to distinguish first- and second-degree murder was the winner of the 2010 AALS Criminal Justice Section Junior Scholar Paper Award. His current research focuses on the under-appreciated federalism component of the Bill of Rights.
Associate Attorney, Gibson, Dunn & Crutcher LLP
Branton Nestor is an associate in the Orange County office of Gibson Dunn. He practices in the firm’s Litigation Department and is a member of the firm’s Appellate and Constitutional Law Practice Group.
Branton has represented clients in appellate, regulatory, and complex litigation matters across various industries. His experience spans a wide range of subject matters, including constitutional law and administrative law.
He clerked for Judge Diarmuid F. O’Scannlain on the U.S. Court of Appeals for the Ninth Circuit, and Judge Julius N. Richardson on the U.S. Court of Appeals for the Fourth Circuit. He graduated from Harvard Law School in 2019, and Westmont College in 2016. His scholarship has been cited at the U.S. Supreme Court.
Branton is a member of the California bar.
Assistant Professor of Law, St. Thomas University Benjamin L. Crump College of Law
Professor Mark Pickering joined St. Thomas University Benjamin L. Crump College of Law as an Assistant Professor of Law in 2024. Previously he taught philosophy of law at the University of Alabama.
Professor Pickering received a J.D. from the University of Chicago and a Ph.D. in Philosophy from Boston University.
His recent research is on the ethical justification of criminal punishment.
Associate Professor of Law,, St. Thomas University College of Law
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Executive Vice President and Dean of the Law Center; Paul Regis Dean Leadership Chair; Professor of Law, Georgetown University Law Center
William M. Treanor is the Executive Vice President of Georgetown University, Dean of the Law Center, and Paul Regis Dean Leadership Chair. Treanor joined Georgetown in 2010 and was reappointed to serve a third term as Dean and Executive Vice President on July 1, 2020.
Under Treanor’s leadership, Georgetown Law has hired 75 new faculty members; tripled the number of experiential offerings for students in its clinical, externship, and practicum programs; transformed its law and technology offerings into a world class program with 19 full-time faculty experts and over 80 courses in this area; and experienced its most successful era of fundraising, culminating in nearly $67 million in giving in the last fiscal year.
Treanor has also advanced Georgetown Law’s commitment to affordability and access. During his tenure, Georgetown has more than doubled financial aid; raised nearly $25 million dollars for the Law Center’s scholarship program for exceptional students with significant financial need; and launched the RISE program, which provides academic support for students from historically underrepresented groups. The Law Center also created the Early Outreach Initiative, which brings the Law Center’s dean of admissions, current law students, and alumni together to encourage students in underserved high schools to consider pursuing careers as lawyers.
In keeping with Georgetown Law’s motto, “Law is but the means; justice is the end,” Treanor has focused on increasing opportunities for students to pursue careers in public interest law. He is proud that nearly 1 in 4 graduates move straight into public service jobs – a ratio higher than any other top law school in America. The Law Center supports post-graduate fellowships that have enabled more than 400 graduates to work in public interest jobs, and, in combination with the law firms ArentFox Schiff and DLA Piper, it has launched the D.C. Affordable Law Firm, a “low bono” law firm where recent Georgetown Law graduates provide legal representation to people of limited means.
The National Jurist magazine has named Treanor one of the most influential people in legal education five times. He is a member of the Morristown (N.J.) High School Hall of Fame. In 2020, he was elected into the American Academy of Arts & Sciences for law and education. Most recently, he was selected for the inaugural Honorable Robert A. Katzmann Award for Academic Excellence by the Burton Awards.
Treanor’s areas of academic expertise include constitutional law, property law, criminal law, intellectual property, and legal history. At Georgetown Law, he has taught a first-year legal justice seminar, an upper-level course on the drafting of the U.S. Constitution, and leadership courses. His writings have principally been in the area of constitutional history, and he has been recognized as one of the 10 most-cited legal history scholars in the United States by the University of Chicago Law School’s Brian Leiter. His early work largely focused on the history of constitutional protections of private property. His article “The Original Understanding of the Takings Clause and the Political Process,” 95 Colum. L. Rev. 782 (1995), was recognized by the Land Use Professors Blog as the most cited land use article of the past 30 years. Treanor’s article, “Judicial Review before Marbury” was cited in the Moore v. Harper (2023) majority opinion written by Chief Justice Roberts. His recent article, “The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution,” examined the changes that Gouverneur Morris and the Committee of Style made in preparing the Constitution’s final draft. W.W. Norton will publish his upcoming book, Fathers of the Constitution: Triumph, Tragedy, and the Creation of the American Republic.
Before coming to Georgetown, Treanor was Dean and Paul Fuller Professor of Law at Fordham Law School. He also served in a variety of positions in the government, including Deputy Assistant Attorney General in the Office of Legal Counsel, U.S. Department of Justice; Associate Counsel, Office of Independent Counsel during the Iran/Contra investigation. He was law clerk to the Honorable James L. Oakes, U.S. Court of Appeals for the Second Circuit. Treanor has a Ph.D. in history from Harvard University, a J.D. from Yale Law School, and a B.A., summa cum laude, from Yale College.
Senior Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
7 Minute Presentations of Works in Progress Panel 1-A
San Francisco, CA26th Annual Federalist Society Faculty Conference
San Francisco, CAOriginalism, Regulatory Takings, Public Use and Kelo v. New London
2005 National Lawyers Convention
Washington, DCPublic Power, Private Gain: The Abuse of Eminent Domain
Dana Berliner
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