Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Visiting Professor of Public and International Affairs, Charles and Marie Robertson Visiting Professor, Princeton School of Public and International Affairs
Martin S. Flaherty is a longtime is Visiting Professor at the Princeton School of Public and International Affairs, where he was Fellow in the Program in Law and Public Affairs. He is also Leitner Family Professor of International Human Rights Law and Founding Co-Director of the Leitner Center for International Law and Justice at Fordham Law School. Professor Flaherty also currently teaches at Columbia Law School and Barnard College. Previously he has taught at China University of Political Science and Law and the National Judges College in Beijing, Sungkyunkwan University in Seoul, Queen’s University Belfast. Professor Flaherty earlier served as a law clerk for Justice Byron R. White of the U.S. Supreme Court and Chief Judge John Gibbons of the U.S. Court of Appeals for the Third Circuit.
Flaherty received a J.D. from Columbia Law School, where he was Book Reviews and Articles Editor of the Columbia Law Review, an M.A. and M.Phil., with distinction, from Yale (in history), and B.A. summa cum laude from Princeton. For the Leitner Center, Human Rights First, and the New York City Bar Association, he has led or participated in human rights missions to Northern Ireland, Turkey, Hong Kong, Mexico, Malaysia, Kenya, Romania and China. Professor Flaherty is currently the President of the American Association of the International Commission of Jurists, https://www.aaicj.org, a member of the Council on Foreign Relations, and a legal expert advisor at the Sixth Committee of the United Nations General Assembly.
Flaherty’s scholarly publications focus upon international human rights, foreign affairs, and constitutional law and history, and appear in such journals as the Columbia Law Review, the Yale Law Journal, the Michigan Law Review, the University of Chicago Law Review, Constitutional Commentary, the Harvard Journal of Law and Policy, and the Harvard Human Rights Journal. He has written, appeared, or been quoted in The New York Times, The Washington Post, The New Yorker, The Boston Globe, The Daily News, Newsday, the PBS Newshour, CNN, MSNBC, and NPR. He is also the author of the Restoring the Global Judiciary: Why the Supreme Court Should Rule in Foreign Affairs (Princeton University Press, 2019).
Associate Professor, John Marshall Law School
Professor Schwinn earned his B.A. from Michigan State University and his J.D. from the American University Washington College of Law. He previously taught at the University of Maryland School of Law and George Washington University Law School. He practiced full time in the Office of the General Counsel at the Peace Corps.
Professor Schwinn is a frequent commenter on issues related to constitutional law and human rights. He is a co-founder and co-editor of the Constitutional Law Prof Blog and an occasional contributor to other blogs and publications. He regularly writes for the ABA Preview of United States Supreme Court Cases, and he directs the ABA Media Alerts project for the Seventh Circuit. His scholarship has appeared in a variety of law journals.
Professor Schwinn is also an active practitioner. He litigates cases pro bono in the federal courts, and he serves on the Board of Advisors for the Chicago Lawyer Chapter of the American Constitution Society.
Professor Schwinn teaches Constitutional Law, Comparative Constitutional Law and Human Rights, and Lawyering Skills I. He also coordinates the Constitutional Law in the Classroom program, in which JMLS students teach constitutional law lessons to students in the Chicago Public Schools and surrounding school districts, and he is the faculty supervisor for the African Human Rights Project.
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.
Gerard C. and Bernice Latrobe Smith Professor of International Law and Counselor to the Dean, Yale Law School
Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School, Professor of International Law and Area Studies at the Yale University MacMillan Center, Professor of the Yale University Department of Political Science, and Director of the Yale Law School Center for Global Legal Challenges. She is also Counselor to the Dean at Yale Law School. She has been a member of the Advisory Committee on International Law for the Legal Adviser at the United States Department of State since 2005. In 2014–15, she took leave to serve as Special Counsel to the General Counsel at the U.S. Department of Defense, where she was awarded the Office of the Secretary of Defense Award for Excellence. She is the Director of the annual Yale Cyber Leadership Forum. She has published more than 30 law review articles, and The Internationalists: How a Radical Plan to Outlaw War Remade the World (with Scott Shapiro, 2017).
Founder, Latitude, LLC
Brian Hook is the founder of Latitude, LLC, an international strategic consulting firm based in Washington, DC.
Mr. Hook worked on the Romney campaign as senior advisor on foreign policy. He chaired the foreign policy and national security task forces of the Romney Readiness Project. From 2010-2011, he was the foreign policy director of Governor Tim Pawlenty’s presidential campaign.
Mr. Hook served in a number of positions during the Bush Administration, including Assistant Secretary of State for International Organizations; Senior Advisor to the U.S. Ambassador to the United Nations; Special Assistant to the President for Policy, Office of the Chief of Staff; and Counsel, Office of Legal Policy, at the Justice Department.
From 1999-2003, he practiced corporate law at Hogan & Hartson in Washington, D.C.
Before practicing law, he served as a policy advisor to Iowa Governor Terry Branstad and to U.S. Congressman James Leach.
Senior Counsel, The Constitution Project
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Deputy Editorial Page Editor, Foreign Affairs Columnist, The Wall Street Journal
Bret Stephens writes “Global View,” the weekly foreign-affairs column of The Wall Street Journal, for which he won the 2013 Pulitzer Prize for distinguished commentary. He is the paper’s deputy editorial-page editor, responsible for the opinion content of its overseas editions, as well as a member of the editorial board. Previously, he was editor-in-chief of the Jerusalem Post, a position he assumed in 2002 at the age of 28. He was raised in Mexico City, educated at the University of Chicago and the London School of Economics, and lives with his family in New York.
Partner, Supreme Court Attorney, Cabinet Briard LLP
François-Henri Briard is a Knight of the Legion of Honor, an Officer of the National Order of Merit and a Knight of the Palmes Académiques.
He was a member of the Governing Board of the Bar of the French Supreme Courts (2003-2005).
François-Henri Briard was a trustee of Sarah Lawrence College in New York for eight years. He is President of the Institut Vergennes, a member of the U.S. Supreme Court Historical Society and an honorary member of the Society of the Cincinnati and of the Sons of the American Revolution. He is also an expert with the Federalist Society, a U.S. think tank that focuses on constitutional and judicial issues.
He is a member of the Institute of Consulting Tax Attorneys (IACF) and an associate member of the Academy of Moral Sciences, Letters and Arts of Versailles and Ile de France.
He is a member of the French Navy civilian reserve with the rank of frigate captain and has been awarded a medal by the voluntary military services. On behalf of the Firm, he received the Military Reserve Prize (2011).
Gerard C. and Bernice Latrobe Smith Professor of International Law and Counselor to the Dean, Yale Law School
Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School, Professor of International Law and Area Studies at the Yale University MacMillan Center, Professor of the Yale University Department of Political Science, and Director of the Yale Law School Center for Global Legal Challenges. She is also Counselor to the Dean at Yale Law School. She has been a member of the Advisory Committee on International Law for the Legal Adviser at the United States Department of State since 2005. In 2014–15, she took leave to serve as Special Counsel to the General Counsel at the U.S. Department of Defense, where she was awarded the Office of the Secretary of Defense Award for Excellence. She is the Director of the annual Yale Cyber Leadership Forum. She has published more than 30 law review articles, and The Internationalists: How a Radical Plan to Outlaw War Remade the World (with Scott Shapiro, 2017).
Founder, Latitude, LLC
Brian Hook is the founder of Latitude, LLC, an international strategic consulting firm based in Washington, DC.
Mr. Hook worked on the Romney campaign as senior advisor on foreign policy. He chaired the foreign policy and national security task forces of the Romney Readiness Project. From 2010-2011, he was the foreign policy director of Governor Tim Pawlenty’s presidential campaign.
Mr. Hook served in a number of positions during the Bush Administration, including Assistant Secretary of State for International Organizations; Senior Advisor to the U.S. Ambassador to the United Nations; Special Assistant to the President for Policy, Office of the Chief of Staff; and Counsel, Office of Legal Policy, at the Justice Department.
From 1999-2003, he practiced corporate law at Hogan & Hartson in Washington, D.C.
Before practicing law, he served as a policy advisor to Iowa Governor Terry Branstad and to U.S. Congressman James Leach.
Senior Counsel, The Constitution Project
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Deputy Editorial Page Editor, Foreign Affairs Columnist, The Wall Street Journal
Bret Stephens writes “Global View,” the weekly foreign-affairs column of The Wall Street Journal, for which he won the 2013 Pulitzer Prize for distinguished commentary. He is the paper’s deputy editorial-page editor, responsible for the opinion content of its overseas editions, as well as a member of the editorial board. Previously, he was editor-in-chief of the Jerusalem Post, a position he assumed in 2002 at the age of 28. He was raised in Mexico City, educated at the University of Chicago and the London School of Economics, and lives with his family in New York.
Partner, Supreme Court Attorney, Cabinet Briard LLP
François-Henri Briard is a Knight of the Legion of Honor, an Officer of the National Order of Merit and a Knight of the Palmes Académiques.
He was a member of the Governing Board of the Bar of the French Supreme Courts (2003-2005).
François-Henri Briard was a trustee of Sarah Lawrence College in New York for eight years. He is President of the Institut Vergennes, a member of the U.S. Supreme Court Historical Society and an honorary member of the Society of the Cincinnati and of the Sons of the American Revolution. He is also an expert with the Federalist Society, a U.S. think tank that focuses on constitutional and judicial issues.
He is a member of the Institute of Consulting Tax Attorneys (IACF) and an associate member of the Academy of Moral Sciences, Letters and Arts of Versailles and Ile de France.
He is a member of the French Navy civilian reserve with the rank of frigate captain and has been awarded a medal by the voluntary military services. On behalf of the Firm, he received the Military Reserve Prize (2011).
Harlan Fiske Stone Professor of Constitutional Law, Columbia Law School
A leading administrative and constitutional law scholar, Gillian Metzger ’96 writes and teaches in the areas of administrative law, constitutional law, and federal courts, with an emphasis on federalism and privatization. In 2023-2024, she served as Acting Assistant Attorney General and Deputy Assistant Attorney General in the Office of Legal Counsel in the Department of Justice.
Metzger's recent work covers topics ranging from constitutional attacks on the administrative state to appropriations, administrative law under the Roberts Court, and the role of administrative agencies in a polarized world. In 2015, Metzger won the American Bar Association Administrative Law Section Annual Scholarship Award for “The Constitutional Duty to Supervise,” which examined presidential control and oversight of the modern administrative state. She is a co-editor of Gellhorn & Byse’s Administrative Law: Cases and Comments, 13th ed. (Foundation Press, 2023), a seminal administrative law casebook.
Professor Metzger was recently elected to the American Academy of Arts & Sciences and is a Senior Fellow of the Administrative Conference of the United States. In 2020, she was awarded Columbia University's Faculty Mentorship Award and in 2014, the Law School’s graduating class awarded Metzger the Willis L.M. Reese Prize for Excellence in Teaching, recognizing, among many other accomplishments, her commitment to mentoring new generations of law students.
In 2012, Metzger helped launch Columbia Law School’s Center for Constitutional Governance (CCG)—where she now serves as faculty director—a nonpartisan legal and policy organization devoted to the study of constitutional structure and authority. CCG brings together a diverse group of constitutional scholars to explore policy areas such as health care, civil rights, immigration, financial regulation, and national security.
Metzger also has co-authored and filed numerous amicus briefs in major constitutional and administrative law challenges before the Supreme Court and other courts. Most recently, Metzger filed a brief in Seila Law Center v. CFPB, a separation of powers challenge, and in Kisor v. Wilkie, a case involving judicial deference to agencies. She has also filed briefs in cases involving reproductive rights and the Affordable Care Act, among others.
Previously, Metzger served as vice dean of intellectual life at Columbia Law School. Before joining the Law School, she worked as an attorney with the Brennan Center for Justice. Metzger also clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg ’59 and Judge Patricia M. Wald of the U.S. Circuit Court of Appeals for the District of Columbia. In 2018, Metzger moderated a panel discussion with Justice Ginsburg on impact litigation at Columbia Law School.
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.
Senior US District Judge, US District Court for the Southern District of New York
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Pottawattamie County v. McGhee – Post-Argument SCOTUScast
Kenneth L. Wainstein
On November 4, 2009, the Supreme Court heard oral argument in Pottawattamie County v. McGhee....
Is Government Health Care Constitutional?
New York City Lawyers Chapter
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Michael W. McConnell, Martin Flaherty, Steven Schwinn
Last updated at 10 AM on Monday, January 4, 2010 Under the statute authorizing the Troubled Assets Relief...
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Richard A. Epstein
On November 9, 2009, the Supreme Court heard oral argument in Bilski v. Kappos. The...
The Right to Bear Arms: From Heller to Recent NC Developments
International: International Law: Agreements Between Sovereigns or World Government?
Oona A. Hathaway, Brian H. Hook, Laura M. Olson, Jeremy A. Rabkin, Bret Stephens, François-Henri Briard
International law consists of reciprocal agreements on specific and limited matters. For the U.S., these...
International: International Law: Agreements Between Sovereigns or World Government?
Oona A. Hathaway, Brian H. Hook, Laura M. Olson, Jeremy A. Rabkin, Bret Stephens, François-Henri Briard
International law consists of reciprocal agreements on specific and limited matters. For the U.S., these...
Debate on the Future of the Second Amendment
Winston-Salem, North CarolinaWhy the Supreme Court Has Fashioned Rules of Standing Unique to the Establishment Clause
The U.S. Supreme Court is quite vigilant in enforcing its justiciability rules concerning standing to...
Whither the Rule of Lenity
Dan Levin, Nathaniel Stewart
The “rule of lenity” “requires ambiguous criminal laws to be interpreted in favor of the...