Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
Justice, Supreme Court of Alabama (Retired); Professor of Law, Belmont University College of Law?
S. Walter Richey Professor of Corporate Law, University of Minnesota Law School
Professor Richard W. Painter received his B.A., summa cum laude, in history from Harvard University and his J.D. from Yale University, where he was an editor of the Yale Journal on Regulation. Following law school, he clerked for Judge John T. Noonan Jr., of the United States Court of Appeals for the Ninth Circuit and later practiced at Sullivan & Cromwell in New York City and Finn Dixon & Herling in Stamford, Connecticut.
He has served as a tenured member of the law faculty at the University of Oregon School of Law and the University of Illinois College of Law, where he was the Guy Raymond and Mildred Van Voorhis Jones Professor of Law from 2002 to 2005.
From February 2005 to July 2007, he was Associate Counsel to the President in the White House Counsel's office, serving as the chief ethics lawyer for the President, White House employees and senior nominees to Senate-confirmed positions in the Executive Branch. He is a member of the American Law Institute and is an advisor for the new ALI Principles of Government Ethics. He has also been active in the Professional Responsibility Section of the American Bar Association.
Professor Painter has also been active in law reform efforts aimed at deterring securities fraud and improving ethics of corporate managers and lawyers. A key provision of the Sarbanes-Oxley Act of 2002 requiring the SEC to issue rules of professional responsibility for securities lawyers was based on earlier proposals Professor Painter made in law review articles and to the ABA and the SEC. He has given dozens of lectures on the Sarbanes-Oxley Act to law schools, bar associations, and learned societies, such as the American Academy of Arts and Sciences. Professor Painter has on four separate occasions provided invited testimony before committees of the U.S. House of Representatives or the U.S. Senate on securities litigation and/or the role of attorneys in corporate governance.
His book, Getting the Government America Deserves: How Ethics Reform Can Make a Difference, was published by Oxford University Press in January 2009. He has written op-eds on government ethics for various publications including the New York Times, the Washington Post and the Los Angeles Times, and he has been interviewed several times on government ethics and corporate ethics by national news organizations, including appearances on Lawrence O'Donnell (MSNBC), Anderson Cooper 360 (CNN), CNN News, Fox News, National Public Radio All Things Considered, and Minnesota Public Radio News. In 2011, he testified before the U.S. House Government Oversight Committee on partisan political activity by government officials and reform of the Hatch Act. Professor Painter has also given expert testimony in cases involving securities transactions and the professional responsibility of lawyers. He testified as a defense witness in SEC. v. The Reserve Money Market Fund (SDNY, November 2012), a jury trial of an SEC enforcement action against the founders of the world's oldest money market fund that ended with a defense verdict on all of the fraud counts.
Professor Painter is the author of two casebooks: Securities Litigation and Enforcement (with Margaret Sachs and Donna Nagy; West 2003; Second Edition, 2007; Third Edition 2011) and Professional and Personal Responsibilities of the Lawyer (with Judge John T. Noonan Jr.; Foundation 1997; Second Edition, 2001; Third Edition 2011). He has written dozens of articles, book reviews, and essays, including a series of papers and a forthcoming book with Minnesota colleague Claire Hill on the personal responsibility of investment bankers.
Sterling Professor of International Law, Yale Law School
Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. He returned to Yale Law School in January 2013 after serving for nearly four years as the 22nd Legal Adviser of the U.S. Department of State.
Professor Koh is one of the country’s leading experts in public and private international law, national security law, and human rights. He first began teaching at Yale Law School in 1985 and served as its fifteenth Dean from 2004 until 2009. From 2009 to 2013, he took leave as the Martin R. Flug ’55 Professor of International Law to join the State Department as Legal Adviser, service for which he received the Secretary of State's Distinguished Service Award. From 1993 to 2009, he was the Gerard C. & Bernice Latrobe Smith Professor of International Law at Yale Law School, and from 1998 to 2001, he served as U.S. Assistant Secretary of State for Democracy, Human Rights and Labor.
Professor Koh has received seventeen honorary degrees and more than thirty awards for his human rights work, including awards from Columbia Law School and the American Bar Association for his lifetime achievements in international law. He has authored or co-authored eight books, published more than 200 articles, testified regularly before Congress, and litigated numerous cases involving international law issues in both U.S. and international tribunals. He is a Fellow of the American Philosophical Society and the American Academy of Arts and Sciences, an Honorary Fellow of Magdalen College, Oxford, and a member of the Council of the American Law Institute.
He holds a B.A. degree from Harvard College and B.A. and M.A. degrees from Oxford University, where he was a Marshall Scholar. He earned his J.D. from Harvard Law School, where he was Developments Editor of the Harvard Law Review. Before coming to Yale, he served as a law clerk for Justice Harry A. Blackmun of the United States Supreme Court and Judge Malcolm Richard Wilkey of the U.S. Court of Appeals for the D.C. Circuit, worked as an attorney in private practice in Washington, and served as an Attorney-Adviser for the Office of Legal Counsel, U.S. Department of Justice.
David C. Baum Professor Emeritus, University of Illinois College of Law
John Nowak graduated from College of Law in 1971, with the highest grade point average in the graduating class. During his third year at the College of Law, he served as the editor-in-chief of the University of Illinois Law Forum [now renamed as the University of Illinois Law Review]. Following graduation, John clerked for Justice Walter Schaefer of the Illinois Supreme Court. Professor Nowak joined the University of Illinois College of Law faculty in 1972; for thirty years he was what academics euphemistically call “a full-time professor.” He was the David C. Baum Professor at the College of Law from 1993 until his retirement in 2002; he received the “outstanding professor award” from three graduating classes of the College. As an emeritus professor, John taught courses at the College of Law from 2002 to 2008.
In 2008, Professor Nowak was the first professor appointed to the Raymond and Mary Simon Chair in Constitutional Law at Loyola University Chicago. He served in that position at Loyola from 2008-2014; he was awarded the “outstanding professor award” by the Loyola graduating class of 2011. In 2014, illness once again led Professor Nowak to retire. The Loyola University Chicago Board of Trustees awarded Professor Nowak the title of Professor and Raymond and Mary Simon Chair in Constitutional Law Emeritus.
Professor Nowak is the author, or coauthor, of more than a score of law review articles, including articles in the California, Columbia, Georgetown, Michigan, Northwestern, U.C.L.A., and Virginia Law Reviews, and the Supreme Court Review (published by the University of Chicago Press). With Jenner Professor Emeritus Professor Ronald D. Rotunda, Professor Nowak has coauthored: Concise Hornbook on Constitutional Law (4th edition, Thomson-West 2010); Constitutional Law (8th edition, Thomson-West 2010); and the six-volume Treatise on Constitutional Law: Substance and Procedure (5th ed., 2012-2013, West & Thomson-Reuters-Westlaw). Their multi-volume Treatise, which has annual supplements, also serves as the “conlaw” database on Westlaw. A chapter of Constitutional Law was translated into Korean by Professor Lee Boo-Ha, Yeungnam University College of Law and Political Science, and published in Korea as Nowak & Rotunda, Freedom of Speech and the American Constitution. Professors Nowak and Rotunda are also the editors of Story’s Commentaries on the Constitution (1987, Carolina Academic Press).
Professor Nowak has been a scholar in residence at the University of Arizona; a visiting professor at the University of Michigan; the Lee Distinguished Visiting Professor at the College of William and Mary, and the Williams Visiting Professor at the University of Richmond. He has presented lectures at several law schools; the National Conference of Law Reviews annual meeting; and at a variety of Federal Judicial Center programs. Professor Nowak served as Reporter for the National Center for State Courts’ Task Force on Courts in the American System of Government; Reporter for the Illinois Supreme Court’s Committee on Jury Instructions in Criminal Cases; Reporter for the United States District Courts for the Central and Southern Districts of Illinois Speedy Trial Act Planning Groups; and as a member of the Rules Committee of the United States District Court for the Northern District of Illinois.
Professor Nowak is a member of the American Bar Foundation, and a “life member” of the American Law Institute. He has served as a member of the Order of the Coif Triennial Book Award Committee; and as a member or a chairperson of the several committees of the Association of American Law Schools. Twice, Professor Nowak was elected to serve as the chairperson of the AALS Section on Constitutional Law. He served as the University of Illinois Faculty Athletic Representative to the Big Ten Conference and NCAA from 1981 through 1989; and a member of the NCAA’s Committee on Infractions from 1987 to 1990. Professor Nowak served as the “Interim Deputy Chancellor for Intercollegiate Athletics,” during the time when the University of Illinois Division of Intercollegiate Athletics replaced the University’s “Athletic Association,” and the campus did not have an Athletics Director.
Former General Counsel of the U.S. Immigration and Naturalization, Former United States Ambassador to East Timor
Grover Joseph Rees, a native and resident of Louisiana, served as the first United States Ambassador to East Timor from 2002 to 2006.
From October 2006 until January 2009 Ambassador Rees served as Special Representative for Social Issues in the U.S. Department of State. He was responsible for promoting human dignity, including issues affecting vulnerable persons and the family, within the United Nations system. He served as Acting U.S. Representative to the United Nations Economic and Social Counsel during the fall 2007 session of the UN General Assembly and also served as Deputy Assistant Secretary for International Organizations.
From 1995 until 2002 Rees was a senior staff member on the Foreign Affairs Committee in the United States House of Representatives, where he was responsible for human rights and refugee protection and played a major role in the drafting and enactment of important human rights legislation including the Trafficking Victims Protection Act, the International Religious Freedom Act, and the Torture Victims Relief Act.
Ambassador Rees also formerly served as General Counsel of the United States Immigration and Naturalization Service (1991-93), as Chief Justice of the High Court of American Samoa (1986-1991), and as Special Counsel to the Attorney General of the United States (1985-86).
Prior to his work in Washington, Rees served for seven years as a law professor at the University of Texas. He has written and spoken widely on international law, human rights, refugees, and related issues.
Rees obtained his undergraduate degree from Yale University and his law degree from Louisiana State University Law School, where he served as Editor in Chief of the Louisiana Law Review and was selected for the academic honor society Order of the Coif.
Rees was born in New Orleans, the oldest of 12 children. He is married to Lan Dai Nguyen Rees and has one son. He retired from government service in January 2009 and now lives and works in Lafayette, Louisiana.
In addition to English, Ambassador Rees speaks French, Spanish, Portuguese, Samoan, and Tetum.
Judge, United States Court of Appeals, District of Columbia Circuit
LAURENCE HIRSCH SILBERMAN, senior circuit judge; recipient of the Presidential Medal of Freedom, June 19, 2008; born in York, PA, October 12, 1935; son of William Silberman and Anna (Hirsch); married to Rosalie G. Gaull on April 28, 1957 (deceased), married Patricia Winn on January 5, 2008; children: Robert Steven Silberman, Katherine DeBoer Fischer, and Anne Gaull Otis; B.A., Dartmouth College, 1957; LL.B., Harvard Law School, 1961; admitted to Hawaii Bar, 1962; District of Columbia Bar, 1973; associate, Moore, Torkildson and Rice, 1961–64; partner (Moore, Silberman and Schulze), Honolulu, 1964–67; attorney, National Labor Relations Board, Office of General Counsel, Appellate Division, 1967–69; Solicitor, Department of Labor, 1969–70; Under Secretary of Labor, 1970–73; partner, Steptoe and Johnson, 1973–74; Deputy Attorney General of the United States, 1974–75; Ambassador to Yugoslavia, 1975–77; President’s Special Envoy on ILO Affairs, 1976; senior fellow, American Enterprise Institute, 1977–78; visiting fellow, 1978–85; managing partner, Morrison and Foerster, 1978–79 and 1983–85; executive vice president, Crocker National Bank, 1979–83; lecturer, University of Hawaii, 1962–63; board of directors, Commission on Present Danger, 1978–85, Institute for Educational Affairs, New York, NY, 1981–85, member: General Advisory Committee on Arms Control and Disarmament, 1981–85; Defense Policy Board, 1981–85; vice chairman, State Department’s Commission on Security and Economic Assistance, 1983–84; American Bar Association (Labor Law Committee, 1965–72, Corporations and Banking Committee, 1973, Law and National Security Advisory Committee, 1981–85); Hawaii Bar Association Ethics Committee, 1965–67; Council on Foreign Relations, 1977–present; Judicial Conference Committee on Court Administration and Case Management, 1994; member, U.S. Foreign Intelligence Surveillance Act Court of Review, 1996–2003; Adjunct Professor of Law (Administrative Law and Labor Law) Georgetown Law Center, 1987–94; 1997; Adjunct Professor of Law, Harvard Law School, 1994-95, Adjunct Professor of Law, New York University Law School, 1995–96; Distinguished Visitor from the Judiciary, Georgetown Law Center, 2003–2019; co-chairman of the President’s Commission on The Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, 2004–05; appointed to the U.S. Court of Appeals for the District of Columbia Circuit by President Reagan on October 28, 1985.
George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs, Emeritus, Hoover Institution
Abraham D. Sofaer was appointed the first George P. Shultz Distinguished Scholar and Senior Fellow at the Hoover Institution in 1994. Named in honor of former US secretary of state George P. Shultz, the appointment is awarded to a senior scholar whose broad vision, knowledge, and skill will be brought to bear on the problems presented by a radically transformed global environment.
Sofaer's work focuses on the power over war within the US government and on issues related to international law, terrorism, diplomacy, and national security. His most recent books are Taking on Iran: Strength, Diplomacy, and the Iranian Threat(Hoover Institution Press, 2013) and The Best Defense?: Legitimacy and Preventive Force (Hoover Institution Press, 2010).
From 1985 to 1990, he served as a legal adviser to the US Department of State, where he resolved several interstate matters, including the dispute between Egypt and Israel over Taba, the claim against Iraq for its attack on the USS Stark, and the claims against Chile for the assassination of Orlando Letelier. He received the Distinguished Service Award in 1989, the highest state department award given to a non–civil servant.
From 1979 to 1985, Sofaer served as a US district judge in the Southern District of New York. From 1969 to 1979, he was a professor of law at Columbia University School of Law and wrote War, Foreign Affairs, and Constitutional Power: The Origins.From 1967 to 1969, he was an assistant US attorney in the Southern District of New York, after clerking for Judge J. Skelly Wright on the US Court of Appeals in Washington, DC, and the Honorable William J. Brennan Jr. on the US Supreme Court. He practiced law at Hughes, Hubbard and Reed from 1990 to 1994.
A veteran of the US Air Force, Sofaer received an LLB degree from New York University School of Law in 1965, where he was editor in chief of the law review. He holds a BA in history from Yeshiva College (1962). Sofaer is a founding trustee of the National Museum of Jazz in Harlem and a member of the board of the Koret Foundation.
His research papers are available at the Hoover Institution Archives.
When Free Speech and Ethical Standards Collide - Transcript
Steven Lubet, David McGowan, A. Raymond Randolph, Harold F. See, Richard W. Painter
The Professional Responsibility Practice Group sponsored this panel during the 2001 National Lawyers Convention on...
Panel III: The Treaty Power [Archive Collection]
Foreign Affairs and the Constitution
Washington, DC