Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Adjunct Professor, George Washington University Law School
Partner, Gibson, Dunn & Crutcher LLP
Elizabeth Papez is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and a member of the firm’s litigation group. Her practice focuses on high-stakes class actions, complex commercial litigation, and related government investigations and appeals.
As a seasoned litigator and former U.S. Deputy Assistant Attorney General, Ms. Papez has substantial experience representing clients in the financial services, pharmaceutical, consumer, and product sectors. She regularly handles federal class actions, multidistrict litigation (MDLs) and other complex commercial disputes under federal and state antitrust statutes, banking and securities laws, and false claims acts, as well as parallel regulatory investigations with the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Food and Drug Administration (FDA).
Ms. Papez has been repeatedly recognized as one of Benchmark USA’s Top 250 Women in Litigation nationwide, which named her a “client favorite” who is “extremely smart and practical and very charismatic,” and is praised by peers as a “fierce, dynamic, bright, powerhouse of a litigator.” Ms. Papez is also recognized in The Legal 500 for her antitrust and appellate work, and by The Best Lawyers in America 2019 for her appellate practice.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Supreme Court Correspondent, The Washington Post
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined the paper to cover Maryland politics, and has served in various editing positions including metropolitan editor and national political editor . He has covered the Supreme Court since November 2006. He gave up law school plans for a life in newspapers after taking a journalism class in college. It did not occur to him, as it apparently did to others, that he could do both.
Executive Vice President and Senior Counselor to the President, The Federalist Society for Law and Public Policy Studies
B.A., Yale; J.D., University of Chicago. Lee Liberman Otis is the Executive Vice President and Senior Counselor to the President at the Federalist Society. She also serves as a member of the American Law Institute (ALI), a senior fellow of the Administrative Conference (ACUS), and as the co-chair of the National Constitution Center's Coalition of Freedom Advisory Board. She previously was a special assistant and an Associate Deputy Attorney General at the U.S. Department of Justice, General Counsel of the Department of Energy, an associate in the appellate section of Jones, Day, Reavis & Pogue, an associate counsel to President George H.W. Bush, and a law clerk to Associate Justice Antonin Scalia. She also served as an assistant professor of law at George Mason, where she taught legislation, federal jurisdiction, constitutional law, civil procedure, and appellate advocacy. Ms. Otis has been an important member of the Federalist Society team since the organization’s beginnings. Together with David McIntosh, she led the effort to start what became the Chicago chapter of the Society. She also helped organize the Society’s first conference at Yale, its second conference at Chicago, and its first Lawyers Division chapter in Washington DC, as well as the effort to incorporate the Society, recruit its permanent staff, and obtain its early funding. She was a Founding Director of the Federalist Society.
Supreme Court Correspondent, The Washington Post
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined the paper to cover Maryland politics, and has served in various editing positions including metropolitan editor and national political editor . He has covered the Supreme Court since November 2006. He gave up law school plans for a life in newspapers after taking a journalism class in college. It did not occur to him, as it apparently did to others, that he could do both.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Adjunct Professor, George Washington University Law School
Executive Vice President and Senior Counselor to the President, The Federalist Society for Law and Public Policy Studies
B.A., Yale; J.D., University of Chicago. Lee Liberman Otis is the Executive Vice President and Senior Counselor to the President at the Federalist Society. She also serves as a member of the American Law Institute (ALI), a senior fellow of the Administrative Conference (ACUS), and as the co-chair of the National Constitution Center's Coalition of Freedom Advisory Board. She previously was a special assistant and an Associate Deputy Attorney General at the U.S. Department of Justice, General Counsel of the Department of Energy, an associate in the appellate section of Jones, Day, Reavis & Pogue, an associate counsel to President George H.W. Bush, and a law clerk to Associate Justice Antonin Scalia. She also served as an assistant professor of law at George Mason, where she taught legislation, federal jurisdiction, constitutional law, civil procedure, and appellate advocacy. Ms. Otis has been an important member of the Federalist Society team since the organization’s beginnings. Together with David McIntosh, she led the effort to start what became the Chicago chapter of the Society. She also helped organize the Society’s first conference at Yale, its second conference at Chicago, and its first Lawyers Division chapter in Washington DC, as well as the effort to incorporate the Society, recruit its permanent staff, and obtain its early funding. She was a Founding Director of the Federalist Society.
Partner, Gibson, Dunn & Crutcher LLP
Elizabeth Papez is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and a member of the firm’s litigation group. Her practice focuses on high-stakes class actions, complex commercial litigation, and related government investigations and appeals.
As a seasoned litigator and former U.S. Deputy Assistant Attorney General, Ms. Papez has substantial experience representing clients in the financial services, pharmaceutical, consumer, and product sectors. She regularly handles federal class actions, multidistrict litigation (MDLs) and other complex commercial disputes under federal and state antitrust statutes, banking and securities laws, and false claims acts, as well as parallel regulatory investigations with the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Food and Drug Administration (FDA).
Ms. Papez has been repeatedly recognized as one of Benchmark USA’s Top 250 Women in Litigation nationwide, which named her a “client favorite” who is “extremely smart and practical and very charismatic,” and is praised by peers as a “fierce, dynamic, bright, powerhouse of a litigator.” Ms. Papez is also recognized in The Legal 500 for her antitrust and appellate work, and by The Best Lawyers in America 2019 for her appellate practice.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.
Senior Counsel, Cahill Gordon & Reindel LLP
Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group.
Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Most recently, Floyd prevailed in his argument before the Supreme Court on behalf of Senator Mitch McConnell as amicus curiae, defending the rights of corporations and unions to speak publicly about politics and elections in Citizens United v. Federal Election Commission. Floyd's clients have included The McGraw-Hill Companies in a large number of litigations around the country involving claims against its subsidiary, Standard & Poor’s Financial Services LLC, The New York Times in the Pentagon Papers case and others, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.
Floyd has represented Standard & Poor’s in litigations about its ratings; he defended the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; he represented two of the nation’s largest insurers in litigation under Section 17200 in California and he has frequently testified before congressional committees and prepared clients to do so. In 1998, he represented CNN in investigating and issuing a report on its broadcast accusing the United States of using nerve gas on a military mission in Laos in 1970, and again in 1999 in seeking to persuade the United States Senate to permit the public to view its deliberations as it determined whether or not to convict President Clinton of alleged high crimes and misdemeanors. He represented Nina Totenberg and National Public Radio in the 1992 "leak" investigation conducted by the United States Senate arising out of the confirmation hearing of Justice Clarence Thomas and, in 2004 and 2005, Judith Miller and Matthew Cooper in their efforts to avoid revealing their confidential sources.
In 2006, Floyd was elected to the American Academy of Arts & Sciences, an independent research center that conducts multidisciplinary studies of complex and emerging problems advanced by its 4,600 elected members, who are leaders in the academic disciplines, the arts, business and public affairs from around the world. In 2015, Floyd was honored by Yale Law School with its prestigious Award of Merit. Also in 2015, Floyd received the Walter Cronkite Freedom of Information Award presented by the Connecticut Foundation for Open Government. In 2011, Floyd was awarded the CUNY Graduate School of Journalism's Lifetime Achievement Award. In 1998, Floyd was the recipient of the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York. In November, 1999, he received the William J. Brennan, Jr. award of the Libel Defense Resource Center. Floyd was awarded, in 1997, the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York. Previously he had been awarded the Ross Essay Prize of the American Bar Association for his study of the Ninth Amendment of the United States Constitution. He has also received awards from, among others, the American Jewish Congress, Catholic University, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.
In November, 2011, Yale Law School announced the formation of The Floyd Abrams Institute for Freedom of Expression, whose mission is to promote free speech, scholarship and law reform on emerging questions concerning traditional and new media. Developed in cooperation with Floyd, the Institute includes a clinic for Yale Law students to engage in litigation, draft model legislation, and advise lawmakers and policy makers on issues of media freedom and informational access.
The American Bar Association awarded Floyd its Certificate of Merit for his article published in The New York Times Magazine entitled "The New Effort to Control Information," which was described by the ABA as a "noteworthy contribution to public understanding of the American system of law and justice."
Described by Senator Daniel Patrick Moynihan as "the most significant First Amendment lawyer of our age," Floyd is top-ranked by Chambers USA. He is listed in Who’s Who Legal, Who’s Who in American Law, and has been awarded with Lifetime Achievement Awards by The New York Law Journal and The American Lawyer (2013).
Floyd, who served as chairman of Mayor Edward Koch's Committee on Appointments, New York City, served as the Chairman of the New York State Zenger Commemoration Planning Committee. Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.
He has appeared frequently on television on Nightline, the News Hour with Jim Lehrer, Charlie Rose and other programs and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere.
Floyd served on the Technology and Privacy Advisory Committee of the U.S. Department of Defense in 2003-4 and as the Chair of the New York State Commission on Public Access to Court Records in 2004.
For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005).
General Counsel, Tikvah Fund
Suzanne Garment is an American scholar, writer, editor and attorney.
Garment is best known for her book, Scandal: The Culture of Mistrust in American Politics, and for her work as a aide to Ambassador Daniel Patrick Moynihan working to block the 1975 United Nations General Assembly Resolution 3379 of the United Nations that "Zionism is a form of racism and racial discrimination."
Garment holds the A.B. from Radcliffe College, the M.A. from the University of Sussex in the United Kingdom, the PhD in political science from Harvard University, the J.D. and a master of laws degree in taxation from Georgetown University
She has served as a visiting scholar at the Indiana University Center on Philanthropy at Indiana University; special counsel to Richard Ravitch, New York Lieutenant Governor and as counsel to the Task Force on the State Budget Crisis, co-chaired by Ravitch and former Federal Reserve chairman Paul Volcker. Before earning the J.D., she was a scholar at the American Enterprise Institute; associate editorial page editor of the Wall Street Journal; author of the "Capital Chronicle" column at the Wall Street Journal; and special assistant to Daniel Patrick Moynihan, U.S. ambassador to the United Nations. Garment has taught politics and public policy at Yale and Harvard Universities. She was the executive editor of Jewish Ideas Daily.
Professor of Law Emeritus, Brooklyn Law
Henry Mark Holzer received his B.A. degree from New York University where he studied Russian and political science. After graduation in 1954 he served in South Korea with United States Army intelligence, holding top secret clearance as chief order of battle analyst (Chinese Communist Forces) at Eighth Army Headquarters in Seoul. Following Professor Holzer’s military service he earned his Juris Doctor degree at New York University School of Law. After his admission to the New York bar in December 1959 he practiced constitutional and appellate law.
From 1972 to 1993 he taught full time at Brooklyn Law School, and for two years was an associate dean. His courses included Constitutional Law, Administrative Law, Civil Liberties, First Amendment and Appellate Advocacy. In the fall of 1993, he taught as a visiting professor at the University of New Mexico School of Law in Albuquerque.
He is author of approximately 300 articles, essays, and reviews. He has published legal and political commentary on current issues in print and electronic media, and has often been interviewed on radio and television.
Several of his out-of-print books are The Gold Clause: Government’s Money Monopoly; Sweet Land of Liberty? The Supreme Court and Individual Rights; Speaking Freely: The Case Against Speech Codes; Why Not Call it Treason? Korea, Vietnam, Afghanistan and Today. With his wife, Erika Holzer, he is co-author of “Aid and Comfort”: Jane Fonda in North Vietnam; and Fake Warriors: Identifying, Exposing, and Punishing Those Who Falsify Their Military Service.
His book The Supreme Court Opinions of Clarence Thomas, 1919-2006, was published in 2007. The second edition, covering the years 1991-2011 was published in 2012. Also published in 2012, in a print edition and eBook, was Professor Holzer’s book The American Constitution and Ayn Rand’s “Inner Contradiction.”
Journalist, Professor, and Author
Donald "Don" Oberdorfer Jr. (May 28, 1931 – July 23, 2015) was an American professor at the Paul H. Nitze School of Advanced International Studies (SAIS) at Johns Hopkins University with a specialty in Korea, and was a journalist for 38 years, 25 of them with The Washington Post. He is the author of five books and several academic papers. His book, Senator Mansfield: The Extraordinary Life of a Great American Statesman and Diplomat, won the D.B. Hardeman Prize in 2003.
Oberdorfer graduated from Princeton University and went to South Korea as a U.S. Army lieutenant after the signing of the armistice that ended the Korean War. In 1955 he joined The Charlotte Observer, and eventually found a job with The Washington Post. During the next 25 years, he worked for The Post, serving as White House correspondent, Northeast Asia correspondent, and diplomatic correspondent. He retired from the paper in 1993.
At the Nitze school, beyond his teaching position, Oberdorfer served as chairman of the U.S.-Korea Institute from its inauguration in 2006 and was named chairman emeritus in 2013.
Former Assistant Attorney General, U.S. Department of Justice, Civil Division
During the Reagan Administration, Richard Willard served as Assistant Attorney General in charge of the Civil Division, the largest litigation division of the US Department of Justice. There, he chaired the Reagan Administration's Tort Policy Working Group and developed its proposals for reforming civil litigation, workplace drug testing, and preventing unauthorized disclosure of classified information.
More recently, he served as senior vice president and general counsel for Bristol-Myers Squibb Co. and Gillette Company, where he led large worldwide legal departments, advised on strategic transactions, and enabled launch of new products with strong intellectual property protection.
Mr. Willard's private practice involved corporate counseling and litigation of cases raising public policy concerns. He served as lead counsel in complex litigation involving multiple claims, parties, and jurisdictions. He frequently appeared in trial and appellate courts around the country, including six arguments in the Supreme Court.
Senior Counsel, Cahill Gordon & Reindel LLP
Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group.
Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Most recently, Floyd prevailed in his argument before the Supreme Court on behalf of Senator Mitch McConnell as amicus curiae, defending the rights of corporations and unions to speak publicly about politics and elections in Citizens United v. Federal Election Commission. Floyd's clients have included The McGraw-Hill Companies in a large number of litigations around the country involving claims against its subsidiary, Standard & Poor’s Financial Services LLC, The New York Times in the Pentagon Papers case and others, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.
Floyd has represented Standard & Poor’s in litigations about its ratings; he defended the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; he represented two of the nation’s largest insurers in litigation under Section 17200 in California and he has frequently testified before congressional committees and prepared clients to do so. In 1998, he represented CNN in investigating and issuing a report on its broadcast accusing the United States of using nerve gas on a military mission in Laos in 1970, and again in 1999 in seeking to persuade the United States Senate to permit the public to view its deliberations as it determined whether or not to convict President Clinton of alleged high crimes and misdemeanors. He represented Nina Totenberg and National Public Radio in the 1992 "leak" investigation conducted by the United States Senate arising out of the confirmation hearing of Justice Clarence Thomas and, in 2004 and 2005, Judith Miller and Matthew Cooper in their efforts to avoid revealing their confidential sources.
In 2006, Floyd was elected to the American Academy of Arts & Sciences, an independent research center that conducts multidisciplinary studies of complex and emerging problems advanced by its 4,600 elected members, who are leaders in the academic disciplines, the arts, business and public affairs from around the world. In 2015, Floyd was honored by Yale Law School with its prestigious Award of Merit. Also in 2015, Floyd received the Walter Cronkite Freedom of Information Award presented by the Connecticut Foundation for Open Government. In 2011, Floyd was awarded the CUNY Graduate School of Journalism's Lifetime Achievement Award. In 1998, Floyd was the recipient of the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York. In November, 1999, he received the William J. Brennan, Jr. award of the Libel Defense Resource Center. Floyd was awarded, in 1997, the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York. Previously he had been awarded the Ross Essay Prize of the American Bar Association for his study of the Ninth Amendment of the United States Constitution. He has also received awards from, among others, the American Jewish Congress, Catholic University, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.
In November, 2011, Yale Law School announced the formation of The Floyd Abrams Institute for Freedom of Expression, whose mission is to promote free speech, scholarship and law reform on emerging questions concerning traditional and new media. Developed in cooperation with Floyd, the Institute includes a clinic for Yale Law students to engage in litigation, draft model legislation, and advise lawmakers and policy makers on issues of media freedom and informational access.
The American Bar Association awarded Floyd its Certificate of Merit for his article published in The New York Times Magazine entitled "The New Effort to Control Information," which was described by the ABA as a "noteworthy contribution to public understanding of the American system of law and justice."
Described by Senator Daniel Patrick Moynihan as "the most significant First Amendment lawyer of our age," Floyd is top-ranked by Chambers USA. He is listed in Who’s Who Legal, Who’s Who in American Law, and has been awarded with Lifetime Achievement Awards by The New York Law Journal and The American Lawyer (2013).
Floyd, who served as chairman of Mayor Edward Koch's Committee on Appointments, New York City, served as the Chairman of the New York State Zenger Commemoration Planning Committee. Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.
He has appeared frequently on television on Nightline, the News Hour with Jim Lehrer, Charlie Rose and other programs and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere.
Floyd served on the Technology and Privacy Advisory Committee of the U.S. Department of Defense in 2003-4 and as the Chair of the New York State Commission on Public Access to Court Records in 2004.
For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005).
General Counsel, Tikvah Fund
Suzanne Garment is an American scholar, writer, editor and attorney.
Garment is best known for her book, Scandal: The Culture of Mistrust in American Politics, and for her work as a aide to Ambassador Daniel Patrick Moynihan working to block the 1975 United Nations General Assembly Resolution 3379 of the United Nations that "Zionism is a form of racism and racial discrimination."
Garment holds the A.B. from Radcliffe College, the M.A. from the University of Sussex in the United Kingdom, the PhD in political science from Harvard University, the J.D. and a master of laws degree in taxation from Georgetown University
She has served as a visiting scholar at the Indiana University Center on Philanthropy at Indiana University; special counsel to Richard Ravitch, New York Lieutenant Governor and as counsel to the Task Force on the State Budget Crisis, co-chaired by Ravitch and former Federal Reserve chairman Paul Volcker. Before earning the J.D., she was a scholar at the American Enterprise Institute; associate editorial page editor of the Wall Street Journal; author of the "Capital Chronicle" column at the Wall Street Journal; and special assistant to Daniel Patrick Moynihan, U.S. ambassador to the United Nations. Garment has taught politics and public policy at Yale and Harvard Universities. She was the executive editor of Jewish Ideas Daily.
Professor of Law Emeritus, Brooklyn Law
Henry Mark Holzer received his B.A. degree from New York University where he studied Russian and political science. After graduation in 1954 he served in South Korea with United States Army intelligence, holding top secret clearance as chief order of battle analyst (Chinese Communist Forces) at Eighth Army Headquarters in Seoul. Following Professor Holzer’s military service he earned his Juris Doctor degree at New York University School of Law. After his admission to the New York bar in December 1959 he practiced constitutional and appellate law.
From 1972 to 1993 he taught full time at Brooklyn Law School, and for two years was an associate dean. His courses included Constitutional Law, Administrative Law, Civil Liberties, First Amendment and Appellate Advocacy. In the fall of 1993, he taught as a visiting professor at the University of New Mexico School of Law in Albuquerque.
He is author of approximately 300 articles, essays, and reviews. He has published legal and political commentary on current issues in print and electronic media, and has often been interviewed on radio and television.
Several of his out-of-print books are The Gold Clause: Government’s Money Monopoly; Sweet Land of Liberty? The Supreme Court and Individual Rights; Speaking Freely: The Case Against Speech Codes; Why Not Call it Treason? Korea, Vietnam, Afghanistan and Today. With his wife, Erika Holzer, he is co-author of “Aid and Comfort”: Jane Fonda in North Vietnam; and Fake Warriors: Identifying, Exposing, and Punishing Those Who Falsify Their Military Service.
His book The Supreme Court Opinions of Clarence Thomas, 1919-2006, was published in 2007. The second edition, covering the years 1991-2011 was published in 2012. Also published in 2012, in a print edition and eBook, was Professor Holzer’s book The American Constitution and Ayn Rand’s “Inner Contradiction.”
Journalist, Professor, and Author
Donald "Don" Oberdorfer Jr. (May 28, 1931 – July 23, 2015) was an American professor at the Paul H. Nitze School of Advanced International Studies (SAIS) at Johns Hopkins University with a specialty in Korea, and was a journalist for 38 years, 25 of them with The Washington Post. He is the author of five books and several academic papers. His book, Senator Mansfield: The Extraordinary Life of a Great American Statesman and Diplomat, won the D.B. Hardeman Prize in 2003.
Oberdorfer graduated from Princeton University and went to South Korea as a U.S. Army lieutenant after the signing of the armistice that ended the Korean War. In 1955 he joined The Charlotte Observer, and eventually found a job with The Washington Post. During the next 25 years, he worked for The Post, serving as White House correspondent, Northeast Asia correspondent, and diplomatic correspondent. He retired from the paper in 1993.
At the Nitze school, beyond his teaching position, Oberdorfer served as chairman of the U.S.-Korea Institute from its inauguration in 2006 and was named chairman emeritus in 2013.
Former Assistant Attorney General, U.S. Department of Justice, Civil Division
During the Reagan Administration, Richard Willard served as Assistant Attorney General in charge of the Civil Division, the largest litigation division of the US Department of Justice. There, he chaired the Reagan Administration's Tort Policy Working Group and developed its proposals for reforming civil litigation, workplace drug testing, and preventing unauthorized disclosure of classified information.
More recently, he served as senior vice president and general counsel for Bristol-Myers Squibb Co. and Gillette Company, where he led large worldwide legal departments, advised on strategic transactions, and enabled launch of new products with strong intellectual property protection.
Mr. Willard's private practice involved corporate counseling and litigation of cases raising public policy concerns. He served as lead counsel in complex litigation involving multiple claims, parties, and jurisdictions. He frequently appeared in trial and appellate courts around the country, including six arguments in the Supreme Court.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Nick Ohnell Fellow, The Manhattan Institute
Rafael Mangual is the Nick Ohnell Fellow at the Manhattan Institute, a contributing editor of City Journal, and a member of the Council on Criminal Justice. His first book, Criminal (In)Justice, was released in July 2022. He has authored and coauthored a number of MI reports and op-eds on issues ranging from urban crime and jail violence to broader matters of criminal and civil justice reform. His work has been featured and mentioned in a wide array of publications, including the Wall Street Journal, The Atlantic, New York Post, The New York Times, The Washington Post, Philadelphia Inquirer and City Journal. Mangual also regularly appears on Fox News and has made a number of national and local television and radio appearances on outlets such as C-SPAN and Bloomberg Radio. In 2020, he was appointed to serve a four-year term as a member of the New York State Advisory Committee of the U.S. Commission on Civil Rights.
Prior to joining MI in 2015, Rafael worked in corporate communications for the International Trademark Association. He holds a B.A. in corporate communications from the City University of New York’s Baruch College and a J.D. from DePaul University in Chicago, where he was president of the Federalist Society and vice president of the Appellate Moot Court team. After graduating from law school, Mangual was inducted into the Order of the Barristers, a national honor society for excellence in oral and written advocacy.
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