Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
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.
John H. Chestnut Professor of Law, Communication, and Computer & Information Science; Founding Director, Center for Technology, Innovation and Competition, University of Pennsylvania Law School
Christopher S. Yoo is the John H. Chestnut Professor of Law and a Professor at the Annenberg School for Communication and in the Computer & Information Science Department of School of Engineering and Applied Science at the University of Pennsylvania, where he is also the Founding Director of the Center for Technology, Innovation and Competition. He is the author of over one hundred scholarly works and has taught at over a dozen universities around the world. Professor Yoo received his A.B. from Harvard, his M.B.A. from UCLA, and his J.D. from Northwestern University. Before entering the academy, Professor Yoo clerked for Justice Anthony M. Kennedy of the Supreme Court of the United States and practiced law with the predecessor firm to Hogan Lovells under the supervision of now-Chief Justice John G. Roberts, Jr. Before joining the University of Pennsylvania, he taught for eight years at the Vanderbilt Law School. He is frequently called to testify before the U.S. Congress, Federal Trade Commission, Department of Justice Antitrust Division, Federal Communications Commission, foreign governments, and international organizations.
Professor of Law, Brigham Young University
Professor Paul Stancil joined the Brigham Young University law faculty in 2014. Prior to this, Professor Stancil was a professor at Illinois University College of Law and a shareholder at Godfrey & Kahn, S.C. (Milwaukee), where his practice focused on antitrust and trade regulation matters. Professor Stancil teaches Antitrust Law, Civil Procedure, Public Choice Theory, and Mergers & Acquisitions.
Professor Stancil has broad research interests in law and economics, antitrust law, civil procedure, and public choice theory. He specializes in analyzing the complex incentives that motivate individuals and groups in both the creation and application of law. Professor Stancil has written on the legitimacy of statutory interpretation by courts and the economic incentives facing parties in civil and criminal litigation; he has also written articles exploring the influence of interest groups in various aspects of the political process. Professor Stancil’s research strives to connect a rich theoretical account of law and lawmaking with the complex and often messy dynamics of the real world. He is particularly interested in the role transaction costs play in motivating real-world individual and group behavior.
Professor Stancil’s articles have appeared in the Virginia Law Review, the William & Mary Law Review, the Cardozo Law Review, and the Baylor Law Review, among others.
Professor Stancil earned his B.A. in economics and Spanish from the University of Virginia and graduated Order of the Coif from the University of Virginia School of Law. After law school graduation, Professor Stancil worked for Baker Botts (Houston) and another small Texas firm as an antitrust and litigation associate before leaving to help start an antitrust practice group at Godfrey & Kahn.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
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.
Professor of Law, Marquette Univeristy Law School
J. Gordon Hylton joined the Marquette Law School faculty in 1995 after teaching at IIT Chicago-Kent and Washington University. He is a native of Giles County, Virginia, and a graduate of Giles High School. He holds a degree in History and English from Oberlin College; a J.D. and an M.A. in History from the University of Virginia; and a PhD in the History of American Civilization from Harvard University. Following law school, he clerked for Justice Albertis S. Harrison and Chief Justice Lawrence I'Anson of the Virginia Supreme Court and worked for the Massachusetts Commission Against Discrimination.
In addition to teaching at the law school, Professor Hylton also teaches a junior seminar on American Constitutional History in the Marquette undergraduate Honors Program. From 1997 to 2001, he taught courses in legal and constitutional history and the history of sport in the Marquette History Department. He has also been a visiting professor at Washington University, Washington & Lee University, and the University of Virginia. In the Fall of 2000 he was a Fulbright Senior Lecturer in Law at Kyiv-Mohyla Academy in Kiev, Ukraine. From 2001 to 2003, he taught in the program in comparative and international law offered by Marquette and the University of Queensland.
Professor Hylton was the chair of the committee that created the current MULS Sports Law program, and from 1997 to 1999, he served as interim director of the National Sports Law Institute. He is currently a member of the NSLI Board of Advisers and a member of the Sports Lawyers Association.
His current research interests focus on the history of the legal profession, the history of civil rights, and the legal history of American sports. Beginning in 2009, he will be a visiting professor each fall semester at the University of Virginia where he is also affiliated with the Carter G. Woodson Institute for African-American and African Studies.
B.A., Oberlin College; M.A. & J.D., University of Virginia; PhD, Harvard
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
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.
John H. Chestnut Professor of Law, Communication, and Computer & Information Science; Founding Director, Center for Technology, Innovation and Competition, University of Pennsylvania Law School
Christopher S. Yoo is the John H. Chestnut Professor of Law and a Professor at the Annenberg School for Communication and in the Computer & Information Science Department of School of Engineering and Applied Science at the University of Pennsylvania, where he is also the Founding Director of the Center for Technology, Innovation and Competition. He is the author of over one hundred scholarly works and has taught at over a dozen universities around the world. Professor Yoo received his A.B. from Harvard, his M.B.A. from UCLA, and his J.D. from Northwestern University. Before entering the academy, Professor Yoo clerked for Justice Anthony M. Kennedy of the Supreme Court of the United States and practiced law with the predecessor firm to Hogan Lovells under the supervision of now-Chief Justice John G. Roberts, Jr. Before joining the University of Pennsylvania, he taught for eight years at the Vanderbilt Law School. He is frequently called to testify before the U.S. Congress, Federal Trade Commission, Department of Justice Antitrust Division, Federal Communications Commission, foreign governments, and international organizations.
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.
John H. Chestnut Professor of Law, Communication, and Computer & Information Science; Founding Director, Center for Technology, Innovation and Competition, University of Pennsylvania Law School
Christopher S. Yoo is the John H. Chestnut Professor of Law and a Professor at the Annenberg School for Communication and in the Computer & Information Science Department of School of Engineering and Applied Science at the University of Pennsylvania, where he is also the Founding Director of the Center for Technology, Innovation and Competition. He is the author of over one hundred scholarly works and has taught at over a dozen universities around the world. Professor Yoo received his A.B. from Harvard, his M.B.A. from UCLA, and his J.D. from Northwestern University. Before entering the academy, Professor Yoo clerked for Justice Anthony M. Kennedy of the Supreme Court of the United States and practiced law with the predecessor firm to Hogan Lovells under the supervision of now-Chief Justice John G. Roberts, Jr. Before joining the University of Pennsylvania, he taught for eight years at the Vanderbilt Law School. He is frequently called to testify before the U.S. Congress, Federal Trade Commission, Department of Justice Antitrust Division, Federal Communications Commission, foreign governments, and international organizations.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Review of the 2010 SCOTUS Term
Mohawk Industries, Inc. v. Carpenter – Post-Decision SCOTUScast
Paul J. Stancil
On December 8, 2009, the Supreme Court announced its decision in Mohawk Industries v. Carpenter....
McDonald v. City of Chicago – Post-Argument Debate SCOTUScast
Clark Neily, Steven G. Calabresi, J. Gordon Hylton
On March 2, 2010, the Supreme Court heard oral argument in McDonald v. City of...
Montana Supreme Court: Physician-Assisted Suicide Is an End-of-Life Option
Rita L. Marker
On the last day of 2009, Montana’s Supreme Court handed down its ruling in Baxter v....
West Virginia Court Expands COPPERWELD Doctrine
Jarrett Gerlach
In the 1984 case Copperweld Corp. v. Independence Tube Corp.,1 the United States Supreme Court forever altered...
CAPERTON Decision Prompts Changes to Judicial Recusal Standards and Procedures
Stephen R. Klein
In June of 2009, the Supreme Court decided the case Caperton v. A. T. Massey Coal...
Debate - Originalism in Criminal Procedure: Ancient Checks or Newfangled Rights?
Stephanos Bibas, Jeffrey Fisher, Christopher S. Yoo
In recent years, the Supreme Court has relied on originalist arguments in ruling for defendants...
Debate - Originalism in Criminal Procedure: Ancient Checks or Newfangled Rights?
Stephanos Bibas, Jeffrey Fisher, Christopher S. Yoo
In recent years, the Supreme Court has relied on originalist arguments in ruling for defendants...
Hertz Corporation v. Friend – Post-Decision SCOTUScast
Brian T. Fitzpatrick
On February 23, 2010, the Supreme Court announced its decision in Hertz Corporation v. Friend....
Debate - Originalism in Criminal Procedure: Ancient Checks or Newfangled Rights?
2010 National Student Symposium
Philadelphia, PA