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.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Fellow, The Constitution Project at the Project On Government Oversight
Morton Rosenberg was a senior legal analyst with the Congressional Research Service (CRS) for 35 years specializing in the areas of constitutional law , administrative law and process, congressional practice and procedure, and labor law, and in the problems raised by the interface of Congress and the Executive which involved the scope of congressional oversight and investigative prerogatives, the validity of claims of executive and common law privileges before committees, enforcement of subpoenas, and issues raised by the presidential exercise of temporary and recess appointment. He also served extended details as legal counsel for a special investigative committee and as a legal advisor to the House General Counsel.
Since his retirement from CRS in 2008 he has undertaken a variety of consulting projects and assignments that have tapped into his experience and expertise in constitutional, congressional and administrative law, practice and procedure. This has included an engagement by the Constitution Project to research and write a monograph on congressional investigative oversight in 2009 which was updated and expanded and published in May 2017 entitled "When Congress Comes Calling: A Study on the Principles, Practices. and Pragmatics of Legislative Inquiry." He also served as a consultant to the general counsel of the Public Company Accounting Oversight Board (PCAOB) and its private counsel in the preparation of briefs and for oral argument before the Supreme Court in Free Enterprise Fund v. PCAOB (2010); and in preparing and submitting an amicus brief to the Supreme Court in NLRB v. SW General (2017) which was cited five times by the majority opinion. He is presently of counsel to the law firm Barnett Sivon & Natter, Washington, D.C. and a Constitution Project Fellow.
Founder, Law Office of Eileen J. O'Connor PLLC
After nearly 30 years as a national tax specialist with the IRS and major accounting firms, Eileen J. O’Connor, now an attorney in private practice, was Assistant Attorney General for the Justice Department’s Tax Division for six years during the administration of President George W. Bush and a member of then-President-elect Trump’s Treasury Department Transition Team. She focuses on federal administrative and tax law.
Shareholder, Brownstein Hyatt Farber Schreck, LLP
As co-chair of the firm’s Government Relations Department, Will Moschella leverages his experience in the Justice Department and Congress to counsel clients on a range of matters, including antitrust, financial services, legal reform, intellectual property and criminal law.
Will served at the Justice Department as principal associate deputy attorney general and as assistant attorney general in the Office of Legislative Affairs. In Congress, Will served on the House Judiciary Committee as chief oversight counsel, and chief legislative counsel and parliamentarian. He was involved in numerous high-profile legislative efforts, including the enactment of the Patriot Act, Intelligence Reform and Terrorism Prevention Act, and Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act.
In 2008, Will received the Edmund J. Randolph Award for Outstanding Service, the highest award that can be bestowed on a Justice Department official.
L. Q. C. Lamar Professor of Law, Emory University School of Law
Thomas C. Arthur holds degrees from Yale Law School and Duke University, where he was an Angier B. Duke Scholar and a member of Phi Beta Kappa. Before coming to Emory, he practiced law for eleven years with the Washington, DC office of Kirkland & Ellis. In 1982, he left his law firm partnership to join the Emory Law faculty.
Arthur teaches antitrust, civil procedure, and administrative law, and he has been active on the executive committee of the Antitrust Section of the Association of American Law Schools. His articles in the California and Tulane law reviews have been credited with the founding of a new, "statutory" school of antitrust analysis. His 1991 Emory Law Journal article (co-authored with Professor Richard D. Freer) provoked a nationally noted debate over an important new statute governing the jurisdiction of federal courts. A major antitrust article, "The Costly Quest for Perfect Competition: Kodak and Nonstructural Market Power," was published in the New York University Law Review (vol. 69, April 1994).
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Topics
Liberty Month Revisited: Stare Decisis and the Separation of Powers
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
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Liberty Month Revisited: Separation of Powers - A Primer
This month we are sharing a selection of pieces from The Federalist Society's Liberty Month...
The Supreme Court Tackles Patent Reform: Inter Partes Review Under the AIA Undermines the Structural Protections Offered by Article III Courts
Richard A. Epstein
Note from the Editor: This article criticizes Justice Clarence Thomas’ opinion in Oil States. It...
Topics
Article I: Why Congress Matters
Before she was nominated by the President to the Office of Information and Regulatory Affairs...
Why Congress Matters
Neomi Rao
Hon. Neomi Rao has published a new Article I Paper in the Florida Law Review, titled Why...
Exploring Federalist 51: Separation of Powers
How does the U.S. Constitution promote liberty? This video essay explores the insights from Federalist...
Necessary & Proper Episode 22: Balancing Interests in Congressional Oversight
Morton Rosenberg, Eileen J. O'Connor, William Moschella
Recorded in June, this podcast offers a balanced representation of the competing interests between the...
Can Fake News Be Regulated? [POLICYbrief]
Thomas Carlton Arthur
On April 11, 2018, Facebook CEO Mark Zuckerberg testified at a congressional hearing regarding questionable...
Did the Constitution Grant the Federal Government Eminent Domain Power?: Using Eighteenth Century Law to Answer Constitutional Questions
Robert G. Natelson
Note from the Editor: This article asks whether the Constitution granted eminent domain power to...
Courthouse Steps: Husted v. A. Philip Randolph Institute Decided
Andrew Grossman
With more than 10 percent of Americans moving each year, how can states ensure that...