Earl Warren Professor of Public Law (Emeritus), UC Berkeley School of Law
Jesse Choper served as law clerk to Chief Justice Earl Warren of the U.S. Supreme Court following graduation from law school. He taught at the Wharton School of the University of Pennsylvania from 1957 to 1960, and at the University of Minnesota Law School from 1961 to 1965. He joined the Berkeley Law faculty in 1965. Choper has been a visiting professor at Harvard Law School, Fordham Law School, University of Milan, Free University in Amsterdam, Autonoma University in Barcelona, University of New South Wales in Sydney, University of Lucerne in Switzerland, and Catholic University of Portugal in Lisbon and Porto. He served as Berkeley Law’s dean from 1982 to 1992.
From 1979 to 1998, Choper was one of the three major lecturers at U.S. Law Week’s Annual Constitutional Law Conference in Washington, D.C. He has delivered 20 titled lectures at major universities throughout the country, including the Cooley Lectures at Michigan, the Stevens Lecture at Cornell, the Baum Lecture at Illinois, and the Lockhart Lecture at Minnesota. He has served on the executive committee of the Association of American Law Schools, and on the executive council of the American Academy of Arts and Sciences (of which he was vice president for more than ten years). He was national president of the Order of the Coif and is a member of the American Law Institute. In 1998 he received the UC Berkeley Distinguished Teaching Award and the Rutter Award for Teaching Distinction at Berkeley Law in 2006. In 2005 the Berkeley Law Alumni Association presented Choper with the Faculty Lifetime Achievement Award and the University of Pennsylvania Law School gave him the James Wilson Award, its highest award for alumni.
Choper’s major publications include the books, Judicial Review and the National Political Process: A Functional Reconsideration of the Role of the Supreme Court, which received the Order of the Coif Triennial Book Award in 1982, and Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses. His recent publications include the thirteenth edition of his Constitutional Law casebooks; the eighth edition of his Corporations casebook; the second edition of The Supreme Court and Its Justices; “The Political Question Doctrine: Suggested Criteria,” in Duke Law Journal (2005); “Wartime Process: A Dialogue on Congressional Power to Remove Issues From the Federal Courts,” in California Law Review (2007) (co-author); and “Who’s Afraid of the Eleventh Amendment? The Limited Impact of the Court’s Sovereign Immunity Rulings,” in Columbia Law Review (2006) (co-author).
U.S. Court of Appeals, Seventh Circuit
Frank H. Easterbrook is a judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. He was Chief Judge from 2006–2013. Before joining the court in 1985, he was the Lee andBrena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published The Economic Structure of Corporate Law (with Daniel R. Fischel) and about 100 scholarly articles. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and as a member of the Judicial Conference’s Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.
Author
David F. Epstein is the author of The Political Theory of The Federalist.
Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School
Jonathan R. Macey is Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law at Yale University, and Professor in the Yale School of Management. From 1991 – 2004, Professor Macey was J. DuPratt White Professor of Law, Director of the John M. Olin Program in Law and Economics at Cornell Law School, and Professor of Law and Business at the Cornell University Johnson Graduate School of Business. Professor Macey earned his B.A. cum laude from Harvard in 1977, and his J.D. from Yale Law School in 1982, where he was Article and Book Review editor of The Yale Law Journal. In 1996, Professor Macey received a Ph.D. honoris causa from the Stockholm School of Economics. Following law school, Professor Macey was law clerk to Judge Henry J. Friendly on the U.S. Court of Appeals for the Second Circuit.
Professor Macey is the author of several books including the two-volume treatise, Macey on Corporation Laws, published in 1998 (Aspen Law & Business), and co-author of two leading casebooks, Corporations: Including Partnerships and Limited Liability Companies (2003 Thomson West), which is in its eighth edition, and Banking Law and Regulation (2002 Aspen Law & Business), which is now in its third edition. He also is the author of over 100 scholarly articles. His recent articles have appeared in the Banking Law Journal, the University of Chicago Law Review, the Stanford Law Review, The Yale Law Journal, the Cornell Law Review, the Journal of Law and Economics, and the Brookings Wharton Papers on Financial Institutions. He has published numerous editorials in such publications as The Wall Street Journal, Forbes, The Los Angeles Times, and The National Law Journal.
Professor Macey has taught at major universities throughout the world, including Bocconi University (Milan), the University of Tokyo; the University of Toronto; the University of Turin, the University of Amsterdam Department of Finance, and the Stockholm School of Economics, Department of Law. He also has been Professor of Law at the University of Chicago (1990) and Visiting Professor of Law at Harvard Law School (1999). Professor Macey is a Senior Research Fellow at the International Centre for Economic Research (ICER) in Turin, Italy. Professor Macey also serves on the Academic Advisory Board (Comitato Scientifico) of the Associazione Disiano Preite for the study of corporate law (per lo studio del diritto dell’impresa). In 1995, Professor Macey was awarded the Paul M. Bator prize for excellence in Teaching, Scholarship and Public Service by the Federalist Society for Law and Public Policy. In 1996, he received a Ph.D., honoris causa from the Stockholm School of Economics. And in 1998, he received the D.P. Jacobs prize for the most significant paper in volume 6 of the Journal of Financial Intermediation for his paper (co-authored with Maureen O’Hara), “The Law & Economics of Best Execution.”
In 1999 Professor Macey was made an honorary Fellow of the Society For Advanced Legal Studies. In 2000, Professor Macey became a member of the Legal Advisory Committee to the Board of Directors of the New York Stock Exchange. In 2001 Professor Macey was appointed a Bertil Daniellson Distinguished Visiting Professor in Banking and Finance at the Stockholm School of Economics. In 2002 Professor Macey was appointed to the Economic Advisory Board of the National Association of Securities Dealers (NASD). In 2004 Professor Macey was awarded a Teaching Award by the Yale Law Women in recognition of his “commitment to excellence in teaching, mentoring and inspiring.” In 2005 Professor Macey became a member of the Board of Editors of Thomson West Publishing Company.
Judge (ret.), United States Court of Appeals, Sixth Circuit
James Leo Ryan is a federal judge on senior status with the United States Court of Appeals for the 6th Circuit. He joined the court in 1985 after being nominated by President Ronald Reagan.
Trial Attorney, Civil Rights Division, United States Department of Justice (incoming)
Adam Griffin is a graduate of the University of North Carolina School of Law. During law school, he served as a research assistant to Professor Stephen E. Sachs and UNC Law Dean Martin Brinkley. After law school, he spent two years litigating for liberty at the Institute for Justice as an inaugural Law and Liberty Fellow. He served as a law clerk to Chief Judge Richard E. Myers in the United States District Court for the Eastern District of North Carolina, and is now a separation-of-powers attorney at Pacific Legal Foundation.
Professor Emeritus of Political Science and Professor Emeritus of Public Policy, Univ. of Maryland Baltimore County
George R. La Noue is Professor Emeritus of Political Science and Professor Emeritus of Public Policy at the University of Maryland Baltimore County. He has served as a trial expert in twenty cases involving public procurement preferences. For thirty years, he was Director of the Project on Civil Rights and Public Contracts at UMBC which recently contributed 289 public contracting disparity studies to the Library of Congress. He has been a consultant to nine governments and trial expert in thirty cases where the validity of disparity studies was at issue.
Prof. La Noue can be reached by email at glanoue@umbc.edu.
Professor of Practice and Distinguished Scholar in Residence, New York University Law School
Bob Bauer is Professor of Practice and Distinguished Scholar in Residence at NYU Law, and Co-Director of NYU’s Legislative and Regulatory Process Clinic. He served as White House Counsel to President Obama, and returned to private practice in June 2011. In 2013, the President named Bauer to be Co-Chair of the Presidential Commission on Election Administration, which in January of 2014 submitted to the President its findings and recommendations in "The American Voting Experience: Report and Recommendations of the Presidential Commission on Election Administration."
Bauer was General Counsel to Obama for America, the President’s campaign organization, in 2008 and 2012. Bob has also served as co-counsel to the New Hampshire State Senate in the trial of Chief Justice David A. Brock (2000) and counsel to the Democratic Leader in the trial of President William Jefferson Clinton (1999).
He is the author on books on campaign finance law and articles on various topics for law reviews and periodicals. He is a contributing editor of Lawfare and writes legal commentary for Just Security, and has published opinion pieces in The New York Times, The Washington Post, The Atlantic and other publications. In 2000, he received the "Burton Award for Legal Achievement" for his legal writing.
Partner, Dechert LLP
In a career spanning both private and public practice, Steven A. Engel is a leading litigator and counselor, acting as an advocate in high-profile trial and appellate matters and advising clients on their most sensitive and complex legal issues. Mr. Engel is the Chair of Dechert’s Appellate and Regulatory Litigation Group and has appeared in courts across the country, handling a wide range of civil litigation matters, including administrative law, commercial litigation, constitutional law and securities cases. He regularly counsels clients on challenges to agency regulations and in connection with government, congressional and internal investigations.
Until January 2021, Mr. Engel served as the Assistant Attorney General for the Department of Justice’s Office of Legal Counsel. As the head of the office, Mr. Engel served as the chief counsel to the Attorney General and the principal legal adviser to the Executive Branch, providing legal advice to the President and cabinet secretaries on the most critical constitutional and statutory questions, including matters pertaining to national security, administrative law, criminal law, congressional oversight, and executive orders. In December 2020, Mr. Engel was awarded the Department of Justice’s highest honor, the Edmund J. Randolph Award, for outstanding service to the Department.
Before his appointment as Assistant Attorney General in 2017, Mr. Engel had been a partner at Dechert since 2009 and previously served as Deputy Assistant Attorney General for the Department of Justice’s Office of Legal Counsel. Mr. Engel clerked on the U.S. Supreme Court for Associate Justice Anthony M. Kennedy and on the U.S. Court of Appeals for the Ninth Circuit for Judge Alex Kozinski.
Mr. Engel is a member of the Advisory Committee on Rules for the U.S. Court of Appeals for the District of Columbia Circuit and the Administrative Conference of the United States. He has been an Adjunct Professor at the Antonin Scalia School of Law at George Mason University and the Columbus School of Law at the Catholic University of America and was formerly the Chief Justice William H. Rehnquist Distinguished Practitioner in Residence at the C. Boyden Gray Center for the Study of the Administrative State. He has been nationally ranked as a leading lawyer in The Legal 500 USA and Benchmark Litigation. Mr. Engel has frequently commented on legal subjects in numerous publications, including The New York Times, The Washington Post, The Wall Street Journal and USA Today, and has appeared on national news programs as a legal analyst, including on MSNBC, CNN, Fox News Channel and the Fox Business Network. Mr. Engel has testified on several occasions before committees of the U.S. House of Representatives and the Senate.
Former United States Attorney General
Michael B. Mukasey is the former Attorney General of the United States, the nation’s chief law enforcement officer. As Attorney General from November 2007 to January 2009, he oversaw the U.S. Department of Justice and advised on critical issues of domestic and international law.
From 1988 to 2006, Judge Mukasey served as a district judge in the United States District Court for the Southern District of New York, becoming Chief Judge in 2000.
From 1972 to 1976, Judge Mukasey served as an Assistant United States Attorney for the Southern District of New York, and as Chief of the Official Corruption Unit from 1975 to 1976. His practice consisted of criminal litigation on behalf of the government, including investigation and prosecution of narcotics, bank robbery, interstate theft, securities fraud, fraud on the government and bribery. From 1976 to 1987 and from 2006 to 2007 he was in private practice.
Judge Mukasey has received numerous honors, including the Federal Bar Council’s Learned Hand Medal for Excellence in Federal Jurisprudence. He served as Chairman of the Committee on Public Access to Information and Proceedings of the New York Bar Association from 1984 to 1987. He served on the Federal Courts Committee of the Association of the Bar of the City of New York from 1979 to 1982 and its Communications Law Committee from 1983 to 1986. Judge Mukasey was also a part-time lecturer at Columbia School of Law from January 1993 to May 2007, teaching trial advocacy.
He received his LL.B. from Yale Law School in 1967 and his B.A. from Columbia College in 1963.
Judge, United States Court of Appeals, Sixth Circuit
Judge Readler earned his undergraduate and law degrees from the University of Michigan. After graduating, he served as a law clerk to Judge Alan Norris of the United States Court of Appeals for the Sixth Circuit. Judge Readler then began practicing law in the Columbus office of the international law firm Jones Day, eventually spending ten years as a partner in the firm’s Issues and Appeals Practice Group. While at Jones Day, Judge Readler appeared in state and federal trial and appellate courts around the country, most frequently the Supreme Court of Ohio and the Sixth Circuit. Judge Readler also successfully argued before the United States Supreme Court in McQuiggin v. Perkins on behalf of an inmate claiming actual innocence. His other pro bono representations include representing capital defendants before the Tenth Circuit and the Supreme Court of Ohio, as well as representing defendants sentenced to life in prison before the Sixth Circuit. While at Jones Day, Judge Readler traveled to Nairobi with Lawyers Without Borders to train Kenyan lawyers in prosecuting domestic violence cases, and he was also a recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States. Following his career in private practice, Judge Readler served as Acting Assistant Attorney General for the Civil Division of the United States Department of Justice from 2017 to 2019. In that role, Judge Readler led and supervised over 1,000 lawyers in the Department’s largest litigating division, briefing and arguing several cases on behalf of the United States in federal courts across the country, including high-profile cases significant to the Administration and the Department. In March 2019, Judge Readler was confirmed to serve as a Circuit Judge on the Sixth Circuit. He resides in Columbus.
Litigation Director, Center for Individual Rights
Caleb Kruckenberg is CIR’s Litigation Director.
Caleb previously worked as a prosecutor, a public defender, a lobbyist for a national advocacy organization and, most recently, an impact litigator protecting the separation of powers at both the Pacific Legal Foundation and the New Civil Liberties Alliance. He has won major victories against numerous federal agencies, including the U.S. Department of Justice, Department of Labor, Bureau of Alcohol Tobacco and Firearms, and the Securities and Exchange Commission. He is also proud to have sued every U.S. attorney general, eight so far, since he has been litigating against the government on behalf of liberty-minded clients. Caleb has also argued more than 20 times in the U.S. Courts of Appeals, winning cases in 8 of the 12 regional circuit courts.
He graduated cum laude from Temple University Beasley School of Law in Philadelphia, where he was the lead articles editor for the Temple Law Review. Caleb also attended the Pennsylvania Academy of the Fine Arts, where he studied figurative painting.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit. His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the Louisville office of Bingham Greenebaum Doll LLP, where he also was co-chair of the firm’s litigation department. He began his legal practice in the Washington, D.C. office of Gibson Dunn & Crutcher LLP.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University in 1986, and cum laude from Harvard Law School in 1989.
Panel II: To Govern and Be Governed: The Federalist's Vision of Representative Democracy [Archive Collection]
Jesse H. Choper, Frank H. Easterbrook, David F. Epstein, Jonathan R. Macey, James L. Ryan
On February 28-29, 1992, the Federalist Society held its eleventh annual National Student Symposium at...
Litigation Update: Eviction Moratoria
Litigation Practice Group Teleforum
TeleforumTopics
The Search for a Workable Free Exercise Framework
Under Employment Division v. Smith, the Free Exercise Clause functions more like an antidiscrimination statute...
Reflections on Justice Scalia and the Future of American Constitutional Law
Sacramento Lawyers Chapter
Sacramento, CAProtecting Economic Liberty in the Federal Courts: Theory, Precedent, Practice
Adam F. Griffin
The 14th Amendment meaningfully protects economic liberty. While this protection was originally housed in the...
Topics
The CDC's New Eviction Moratorium Has Virtually all the Same Flaws as the Old
This post originally appeared at the Volokh Conspiracy. The Centers for Disease Control's repeatedly...
The Race Card in ARPA’s Food Supply Deck
George R. La Noue
It is an old aphorism that a prudent person should not watch the making of...
Conversations with the Sixth Circuit: "While We Were Away: Last Year in the Sixth Circuit"
Central Kentucky Lawyers Chapter Event
Lexington, KYConversations with the Sixth Circuit: "While We Were Away: Last Year in the Sixth Circuit"
Central Kentucky Lawyers Chapter Event
Lexington, KYDepartment of Justice: Executive Supervision or Independence?
Bob Bauer, Steven A. Engel, Jamie Gorelick, Michael B. Mukasey, Chad A. Readler
On June 17, 2021, The Federalist Society's Federalism & Separation of Powers Practice Group hosted...