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Mar 8 1986
Saturday 9:00 a.m. PDT    

Panel II: The Freedom of Religion [Archive Collection]

1986 National Student Symposium

Stanford, CA
Speakers:
Robert L. Cord • Mitchell L. Edwards • Henry Mark Holzer • Michael W. McConnell • John T. Noonan • Arthur B. Spitzer
Topics:
Constitution • First Amendment • Religious Liberty • Religious Liberties
Sponsors:
Stanford Student Chapter
  • In-Person Event
Mar 7 1986
Friday 7:00 p.m. PDT    

Panel I: The Political Process and the First Amendment [Archive Collection]

1986 National Student Symposium

Stanford, CA
Speakers:
Lillian R. BeVier • Robert H. Bork • Charles J. Cooper • John Hart Ely • Geoffrey R. Stone
Topics:
Constitution • First Amendment • Founding Era & History • Philosophy • Politics
Sponsors:
Stanford Student Chapter
  • In-Person Event
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Speaker Information

Robert L. Cord

Professor of Political Science, Northeastern University

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Mitchell L. Edwards

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Henry Mark Holzer

Henry Mark Holzer

Professor of Law Emeritus, Brooklyn Law

Biography

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.”

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Speaker Information
Michael W. McConnell

Michael W. McConnell

Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School

Biography

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.

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John T. Noonan

John T. Noonan

Senior Judge, United States Court of Appeals, Ninth Circuit

Biography

John T. Noonan, Jr. was a federal judge on senior status with the United States Court of Appeals for the 9th Circuit. He joined the court in 1985 after being nominated by President Ronald Reagan. He assumed senior status on December 27, 1996, and served as a senior judge until his death on April 17, 2017.

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Speaker Information
Arthur B. Spitzer

Arthur B. Spitzer

Senior Counsel, American Civil Liberties Union

Biography

Arthur B. Spitzer was the Legal Director of the ACLU of the District of Columbia from April Fool’s Day, 1980 until April 2020, when he became Senior Counsel. His work has spanned the range of ACLU issues, including freedom of speech and religion, police misconduct, national security, due process, privacy, prisoners’ rights, the rights of government employees, freedom of information, discrimination based on race, sex, religion, sexual orientation and gender preference, and more.

He has represented such varied clients as Mohamedou Ould Slahi (a Guantánamo detainee held without charge for 14 years), Louis Farrakhan (when he was barred from attending then-D.C. Mayor Marion Barry’s criminal trial), the Ku Klux Klan (when it was denied a permit to march in D.C.), the National Black Police Association (challenging ultra-low D.C. election campaign contribution limits), the White House Vigil for the Equal Rights Amendment (challenging restrictive regulations for demonstrating near the White House), People for the Ethical Treatment of Animals (when its design for an abused circus elephant was rejected from a public art display), Milo Yiannopoulos (whose advertisement for his new book was denied advertising by the D.C. transit authority), and both John and Jane Doe.

In Abbate v. Ramsey, Art represented some of the nearly 400 protestors arrested at an anti-World Bank demonstration in Pershing Park in 2002, challenging their illegal arrest and inhumane detention, and resulting in a settlement that included major changes in D.C. police practices in demonstration situations. He also had a major hand in crafting the legislation that created the D.C. police civilian review board (now known as the Office of Police Complaints) and the First Amendment Rights and Police Practices Act, a model statute governing D.C. police conduct during the peaceful exercise of free speech rights.

Other cases include Harmon v. Thornburgh (challenging random drug testing of Justice Department employees), Walsh v. Montrose Christian School (representing longtime school secretaries and a cafeteria worker at a Christian School who were fired because they were not members of the church), Schroer v. Billington (representing a trans woman who was fired by the Library of Congress when she disclosed her status), Center for National Security Studies v. U.S. Department of Justice (challenging the secret detention of immigrants after 9/11), Wimberly v. D.C. Board of Elections and Ethics (blocking a proposed ballot initiative to permit organized group prayer in D.C. public schools), and LaShawn A. v. Bowser (a still-ongoing class action filed in 1989 to reform D.C.’s dysfunctional foster care system).

In the Supreme Court, Art successfully argued Ake v. Oklahoma, which ruled that poor criminal defendants are entitled to free expert witnesses when needed for their defense, just as they’re entitled to free lawyers.

Art was born in Brooklyn (yay!), raised in Queens, and educated at Cornell University and Yale Law School. Before ascending to the ACLU, he practiced for several years at the law firm now known as WilmerHale. He has taught a course in “Demonstration Law” at the University of the District of Columbia School of Law.

His dog is Taxi; his cats are Tigris and Euphrates. He is not and has never been related to former New York governor Elliot Spitzer.

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Lillian R. BeVier

Lillian R. BeVier

David and Mary Harrison Distinguished Professor of Law Emeritus, University of Virginia School of Law

Biography

Lillian BeVier taught constitutional law (with special emphasis on First Amendment issues), intellectual property (trademark, copyright), real property and torts from 1973-2010 at the Law School, and now teaches a January Term course on judicial philosophy.

At Stanford Law School, BeVier was revising editor for the Stanford Law Review and a member of the Order of the Coif. Before coming to Virginia, she was associate professor of law at the University of Santa Clara Law School; practiced law with Spaeth Blase Valentine & Klein in Palo Alto, Calif.; served as research associate to Professor William F. Baxter at Stanford University Law School, working on the FAA-ABA study of the legal aspects of airport noise and the sonic boom; and was assistant to the general secretary and assistant staff legal counsel for Stanford University.

BeVier received the University of Virginia Alumni Association Distinguished Professor Award in 2006. The Raven Society elected her to membership in 1993 and honored her with the faculty award in 2010. She delivered the Henry Miller Memorial Lecture at Georgia State Law School in 2005, the Coen Memorial Lecture at the University of Colorado Law School in 2000, and the David C. Baum Lecture on Civil Rights and Civil Liberties at the University of Illinois Law School in 1996. In 1999, at the invitation of the Supreme Court Historical Society, she spoke to the Society on Free Expression in the Warren and Burger Courts. Suffolk University awarded her an honorary S.J.D. degree in 1998. In the fall of 2003, she was a visiting scholar at the National Constitution Center in Philadelphia.

Having been nominated by President Bush and confirmed by the Senate in 2003, she served as vice-chair of the Board of Directors of the Legal Services Corporation until 2009. She serves on the national Board of Visitors of the Federalist Society. Within the Charlottesville community, BeVier has served as chair of the Board of Trustees of St. Anne’s-Belfield School and of the Martha Jefferson Hospital. She is currently chair of the board of the Martha Jefferson Health Services Corporation and of Piedmont CASA (Court-Appointed Special Advocates).

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Robert H. Bork

Robert H. Bork

Former Judge, U.S. Court of Appeals, DC Circuit

Biography

Robert Heron Bork served as Solicitor General, acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit. Judge Bork passed away in December 2012.

In Memoriam: Robert H. Bork

Tribute to Judge Robert Bork by John McGinnis - Event Audio/Video

Celebration of the Life of Robert Heron Bork 1927-2012

Judge Robert H. Bork: His Life and Legacy - Practice Group Podcast

A Conference Discussing the Contributions of Judge Robert H. Bork - June 26, 2007



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Speaker Information
Charles J. Cooper

Charles J. Cooper

Founding Partner, Cooper & Kirk PLLC

Biography

Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).

After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.

In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.

Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.

Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.

In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.

Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.

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John Hart Ely

John Hart Ely

Former Dean, Stanford Law School

Biography

John Hart Ely was one of the most important constitutional scholars of his generation. He was born in 1938 and died in 2003. As a summer associate following his second year at YLS, Ely assisted Abe Fortas in litigating Gideon v. Wainwright, the landmark Supreme Court decision that established a criminal defendant's right to counsel. After graduating from Yale, Ely served as a staff attorney on the Warren Commission, and then clerked for Chief Justice Earl Warren before going on to serve as a public defender in San Diego. Later in his career, he served as General Counsel of the Department of Transportation during the Ford Administration.

Ely taught at Yale Law School, Harvard Law School, Stanford Law School, and the University of Miami School of Law and served as dean at Stanford. In 1980, Ely published the highly influential Democracy and Distrust, which developed a theory of judicial review that emphasized the role of the courts in safeguarding the democratic process. In 1993, Ely published War and Responsibility, a comprehensive constitutional analysis of war powers. His last book, On Constitutional Ground, was published in 1996 and covers a variety of constitutional law issues, including federalism and criminal procedure.

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Geoffrey R. Stone

Geoffrey R. Stone

Edward H. Levi Distinguished Service Professor of Law, University of Chicago Law School

Biography

Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone joined the faculty in 1973, after serving as a law clerk to Supreme Court Justice William J. Brennan, Jr. He later served as Dean of the Law School (1987-1994) and Provost of the University of Chicago (1994-2002).

Stone is the author of many books on constitutional law, including Sex and the Constitution: Sex, Religion and Law from America’s Origins to the Twenty-First Century (2017); Speaking Out: Reflections of Law, Liberty and Justice (2010 & 2016); Top Secret: When Our Government Keeps Us in the Dark (2007), War and Liberty: An American Dilemma (2007), Perilous Times: Free Speech in Wartime (2004), and Eternally Vigilant: Free Speech in the Modern Era(Chicago 2002). He is also an editor of two leading casebooks, Constitutional Law (7th ed. 2013) and The First Amendment (5th ed. 2016). Stone is an editor of The Supreme Court Reviewand chief editor of a twenty-volume series, Inalienable Rights, which is being published by the Oxford University Press.

Stone was appointed by President Obama to serve on the President’s Review Group on Intelligence and Communications Technologies, which evaluated the government’s foreign intelligence surveillance programs in the wake of Edward Snowden’s leaks. He is a Fellow of the American Academy of Arts and Sciences, a member of the America Law Institute, the National Advisory Council of the American Civil Liberties Union, a member of the American Philosophical Society, and a member of the Board of Advisors of the Council for Democracy and Technology. He has served as Chair of the Board of the American Constitution Society and Chair of the Board of the Chicago Children’s Choir.

Stone has also written amicus briefs for constitutional scholars in a number of Supreme Court cases, including Obergefell v. Hodges, Whole Woman’s Heath v. Hellerstadt, Lawrence v. Texas, United States v. Windsor, United States v. Stevens, and Rasul v. Bush. He was also one of the lawyers who represented President Bill Clinton in the Supreme Court in Clinton v. Jones.

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