Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Director, Program in Law and Economics, University of California Berkeley School of Law
Robert Cooter, a pioneer in the field of law and economics, began teaching in the Department of Economics at UC Berkeley in 1975 and joined the Boalt faculty in 1980. He has been a visiting member of the Institute for Advanced Study at Princeton and a recipient of various awards and fellowships, including Guggenheim, the Jack N. Pritzker Visiting Research Professorship at Northwestern Law School, and, most recently, the Max Planck Research Prize. He was an Olin visiting professor at the University of Virginia Law School and lectured at the University of Cologne in 1989. He is coeditor of the International Review of Law and Economics. He is one of the founders of the American Law and Economics Association and served from 1994 to 1995 as its president. In 1999 he was elected to the American Academy of Arts and Sciences.
Cooter has published a wide variety of articles on private law, constitutional law and economics, and law and economic development.
Recent publications include the third edition of the leading textbook Law and Economics (with Ulen, 1999), also translated into Spanish, Italian, Japanese, Chinese and Korean. He has also authored "Commodifying Liability" in The Fall and Rise of Freedom of Contract (1999), "Law from Order: Economic Development and the Jurisprudence of Social Norms" in A Not-so-Dismal Science: A Broader, Brighter Approach to Economies and Societies (1999), "Punitive Damages" in Philosophy of Law: An Encyclopedia (1999), and "Does Risk to Oneself Increase the Care Owed to Others? Law and Economics in Conflict" in the Journal of Legal Studies (with Porat, 2000).
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Alexander M. Bickel Professor of Public Law, Yale Law School
Degrees from Davidson College, B.A. summa cum laude, 1973; Harvard University, M.A., 1974; Yale Law School, J.D, 1978. Clerked for Edward Weinfeld, 1978-79; Attorney at Shea & Gardner, 1979-82; Law Professor since 1982, tenured at Georgetown and Yale, visiting professor at Stanford, NYU, Toronto, Harvard, Columbia, Penn, Fordham, Vanderbilt. Author of casebooks on legislation and sexuality, gender and law, as well as monographs on statutory interpretation and the rights of sexual and gender minorities. Author of dozens of articles, by one empirical count a top ten most cited law professors.
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.
Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Director, Program in Law and Economics, University of California Berkeley School of Law
Robert Cooter, a pioneer in the field of law and economics, began teaching in the Department of Economics at UC Berkeley in 1975 and joined the Boalt faculty in 1980. He has been a visiting member of the Institute for Advanced Study at Princeton and a recipient of various awards and fellowships, including Guggenheim, the Jack N. Pritzker Visiting Research Professorship at Northwestern Law School, and, most recently, the Max Planck Research Prize. He was an Olin visiting professor at the University of Virginia Law School and lectured at the University of Cologne in 1989. He is coeditor of the International Review of Law and Economics. He is one of the founders of the American Law and Economics Association and served from 1994 to 1995 as its president. In 1999 he was elected to the American Academy of Arts and Sciences.
Cooter has published a wide variety of articles on private law, constitutional law and economics, and law and economic development.
Recent publications include the third edition of the leading textbook Law and Economics (with Ulen, 1999), also translated into Spanish, Italian, Japanese, Chinese and Korean. He has also authored "Commodifying Liability" in The Fall and Rise of Freedom of Contract (1999), "Law from Order: Economic Development and the Jurisprudence of Social Norms" in A Not-so-Dismal Science: A Broader, Brighter Approach to Economies and Societies (1999), "Punitive Damages" in Philosophy of Law: An Encyclopedia (1999), and "Does Risk to Oneself Increase the Care Owed to Others? Law and Economics in Conflict" in the Journal of Legal Studies (with Porat, 2000).
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Alexander M. Bickel Professor of Public Law, Yale Law School
Degrees from Davidson College, B.A. summa cum laude, 1973; Harvard University, M.A., 1974; Yale Law School, J.D, 1978. Clerked for Edward Weinfeld, 1978-79; Attorney at Shea & Gardner, 1979-82; Law Professor since 1982, tenured at Georgetown and Yale, visiting professor at Stanford, NYU, Toronto, Harvard, Columbia, Penn, Fordham, Vanderbilt. Author of casebooks on legislation and sexuality, gender and law, as well as monographs on statutory interpretation and the rights of sexual and gender minorities. Author of dozens of articles, by one empirical count a top ten most cited law professors.
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.
Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Director, Program in Law and Economics, University of California Berkeley School of Law
Robert Cooter, a pioneer in the field of law and economics, began teaching in the Department of Economics at UC Berkeley in 1975 and joined the Boalt faculty in 1980. He has been a visiting member of the Institute for Advanced Study at Princeton and a recipient of various awards and fellowships, including Guggenheim, the Jack N. Pritzker Visiting Research Professorship at Northwestern Law School, and, most recently, the Max Planck Research Prize. He was an Olin visiting professor at the University of Virginia Law School and lectured at the University of Cologne in 1989. He is coeditor of the International Review of Law and Economics. He is one of the founders of the American Law and Economics Association and served from 1994 to 1995 as its president. In 1999 he was elected to the American Academy of Arts and Sciences.
Cooter has published a wide variety of articles on private law, constitutional law and economics, and law and economic development.
Recent publications include the third edition of the leading textbook Law and Economics (with Ulen, 1999), also translated into Spanish, Italian, Japanese, Chinese and Korean. He has also authored "Commodifying Liability" in The Fall and Rise of Freedom of Contract (1999), "Law from Order: Economic Development and the Jurisprudence of Social Norms" in A Not-so-Dismal Science: A Broader, Brighter Approach to Economies and Societies (1999), "Punitive Damages" in Philosophy of Law: An Encyclopedia (1999), and "Does Risk to Oneself Increase the Care Owed to Others? Law and Economics in Conflict" in the Journal of Legal Studies (with Porat, 2000).
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Alexander M. Bickel Professor of Public Law, Yale Law School
Degrees from Davidson College, B.A. summa cum laude, 1973; Harvard University, M.A., 1974; Yale Law School, J.D, 1978. Clerked for Edward Weinfeld, 1978-79; Attorney at Shea & Gardner, 1979-82; Law Professor since 1982, tenured at Georgetown and Yale, visiting professor at Stanford, NYU, Toronto, Harvard, Columbia, Penn, Fordham, Vanderbilt. Author of casebooks on legislation and sexuality, gender and law, as well as monographs on statutory interpretation and the rights of sexual and gender minorities. Author of dozens of articles, by one empirical count a top ten most cited law professors.
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.
Conservative & Libertarian Legal Scholarship: Commercial & Bankruptcy Law
[Return to Table of Contents] IX. Commercial & Bankruptcy Law Commercial Law JONATHAN MACEY &...
Showcase Panel II: Government of the People, by the People, and for the People?
Steven G. Calabresi, Robert D. Cooter, Richard A. Epstein, William N. Eskridge, Thomas W. Merrill
Direct democracy is feasible today to an extent that it was not feasible in 1787....
Showcase Panel II: Government of the People, by the People, and for the People?
Steven G. Calabresi, Robert D. Cooter, Richard A. Epstein, William N. Eskridge, Thomas W. Merrill
Direct democracy is feasible today to an extent that it was not feasible in 1787....
Showcase Panel II: Government of the People, by the People, and for the People?
2010 National Lawyers Convention
Washington, DC