Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
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, Third Circuit
Judge Hardiman was appointed to the United States Court of Appeals for the Third Circuit on January 9, 2007 and was confirmed by the Senate (95-0) on March 15, 2007. Prior to becoming an appellate judge, Judge Hardiman served as a trial judge on the United States District Court for the Western District of Pennsylvania as of November 1, 2003. In 2008, Chief Justice John Roberts appointed Judge Hardiman to the Information Technology Committee of the Judicial Conference of the United States. Judge Hardiman was appointed Chairman of the IT Committee in 2013 and served in that capacity until September 2021. In 2021 he was appointed by the Director of the Administrative Office of the United States Courts to serve as Chair of the Judiciary IT Security Task Force, which completed its work in fall 2023. Chief Justice Roberts appointed Judge Hardiman to the Board of the Federal Judicial Center to serve from March 2020 until March 2024. As part of his work with the Center, Judge Hardiman now serves as Editor in Chief for the Manual for Complex Civil Litigation, Fifth.
Before entering judicial service, Judge Hardiman handled a wide variety of litigation matters in state and federal trial and appellate courts as a partner at Reed Smith LLP (1999-2003), a partner at Titus & McConomy LLP (1996-1999), and as an associate with its predecessor firm, Cindrich & Titus (1992-1996). Judge Hardiman began his legal career as an associate in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom (1990-1992).
A 1987 honors graduate of the University of Notre Dame, Judge Hardiman received his law degree in 1990 from the Georgetown University Law Center, where he served as a Notes and Comments Editor on the Georgetown Law Journal. In 2012, Judge Hardiman was elected as a member of the American Law Institute and was elected to its Council in 2019 and its Executive Committee in 2025. Judge Hardiman regularly teaches a seminar on Advanced Constitutional Law at Duquesne University School of Law and a one-week course entitled “Constitutional Law: the First and Second Amendments” at Georgetown University Law Center.
A native of Waltham, Massachusetts, Judge Hardiman has chambers in Pittsburgh, Pennsylvania. He and his wife Lori married in 1992 and have three children.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School
David Skeel is the Caryl Louise Boies Visiting Professor of Law at New York University, and the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania. He is the author of The New Financial Deal: Understanding the Dodd-Frank Act and its (Unintended) Consequences (Wiley, 2011); Icarus in the Boardroom: The Fundamental Flaws in Corporate America and Where They Came From (Oxford University Press, 2005); Debt’s Dominion: A History of Bankruptcy Law in America (Princeton University Press, 2001); and numerous articles on bankruptcy, corporate law, financial regulation, Christianity and law, and other topics. Professor Skeel has also written commentaries for the New York Times, Wall Street Journal, Books & Culture, The Weekly Standard, and other publications.
Michael J. Marks Professor of Law, University of Chicago Law School
M. Todd Henderson is the Michael J. Marks Professor of Law at the University of Chicago Law School. Professor Henderson’s research interests include corporations, securities regulation, and law and economics. He has taught classes ranging from Banking Regulation to Torts to American Indian Law.
Professor Henderson received an engineering degree cum laude from Princeton University in 1993. He worked for several years designing and building dams in California before matriculating at the Law School. While at the Law School, Todd was an editor of the Law Review and captained the Law School's all-University champion intramural football team. He graduated magna cum laude in 1998 and was elected to the Order of the Coif. Following law school, Todd served as clerk to the Hon. Dennis Jacobs of the US Court of Appeals for the Second Circuit. He then practiced appellate litigation at Kirkland & Ellis in Washington, DC, and was an engagement manager at McKinsey & Company in Boston, where he specialized in counseling telecommunications and high-tech clients on business and regulatory strategy.
Stuyvesant P. Comfort Professor of Law; Director, Center for Financial Institutions; and Co-Director, Center for Civil Justice, New York University School of Law
Geoffrey Miller is an author or editor of a dozen books and more than 200 articles in the fields of financial institutions, contract law, corporate and securities law, constitutional law, civil procedure, legal history, jurisprudence, and ancient law. He has taught a wide range of subjects including law and economics, corporations, compliance and risk management, property, regulation of financial institutions, land development, securities law, the legal profession, and legal theory. Miller received his BA magna cum laude from Princeton in 1973 and his JD from Columbia in 1978, where he was a Stone Scholar and editor-in-chief of the Columbia Law Review. He clerked for Judge Carl McGowan of the US Court of Appeals for the District of Columbia Circuit and Justice Byron White of the US Supreme Court. After two years as an attorney adviser at the Office of Legal Counsel of the US Department of Justice and one year with a Washington, DC, law firm, he joined the faculty of the University of Chicago Law School in 1983 and NYU School of Law in 1995.
Miller has been a visiting professor or visiting scholar at Columbia University, Harvard University, University of Minnesota, University of Basel (Switzerland), University of Genoa (Italy), Collegio Carlo Alberto (Italy), Study Center Gerzensee (Switzerland), Vanderbilt University, University of St. Gallen (Switzerland), University of Frankfurt (Germany), University of Sydney (Australia), University of Auckland (New Zealand), and the Bank of Japan. Miller is a founder of the Society for Empirical Legal Studies, a scholarly organization devoted to promoting statistical and other empirical techniques in the study of legal institutions. He is founder and director of NYU School of Law’s Center for Financial Institutions, co-director of the Center for Civil Justice, co-founder of and Senior Academic Fellow at NYU's Program on Corporate Compliance and Enforcement, co-convener of the Global Economic Policy Forum, a member of the board of directors of State Farm Bank, and a fellow in the American Academy of Arts and Sciences.
S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School
David Skeel is the Caryl Louise Boies Visiting Professor of Law at New York University, and the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania. He is the author of The New Financial Deal: Understanding the Dodd-Frank Act and its (Unintended) Consequences (Wiley, 2011); Icarus in the Boardroom: The Fundamental Flaws in Corporate America and Where They Came From (Oxford University Press, 2005); Debt’s Dominion: A History of Bankruptcy Law in America (Princeton University Press, 2001); and numerous articles on bankruptcy, corporate law, financial regulation, Christianity and law, and other topics. Professor Skeel has also written commentaries for the New York Times, Wall Street Journal, Books & Culture, The Weekly Standard, and other publications.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Michael J. Marks Professor of Law, University of Chicago Law School
M. Todd Henderson is the Michael J. Marks Professor of Law at the University of Chicago Law School. Professor Henderson’s research interests include corporations, securities regulation, and law and economics. He has taught classes ranging from Banking Regulation to Torts to American Indian Law.
Professor Henderson received an engineering degree cum laude from Princeton University in 1993. He worked for several years designing and building dams in California before matriculating at the Law School. While at the Law School, Todd was an editor of the Law Review and captained the Law School's all-University champion intramural football team. He graduated magna cum laude in 1998 and was elected to the Order of the Coif. Following law school, Todd served as clerk to the Hon. Dennis Jacobs of the US Court of Appeals for the Second Circuit. He then practiced appellate litigation at Kirkland & Ellis in Washington, DC, and was an engagement manager at McKinsey & Company in Boston, where he specialized in counseling telecommunications and high-tech clients on business and regulatory strategy.
Stuyvesant P. Comfort Professor of Law; Director, Center for Financial Institutions; and Co-Director, Center for Civil Justice, New York University School of Law
Geoffrey Miller is an author or editor of a dozen books and more than 200 articles in the fields of financial institutions, contract law, corporate and securities law, constitutional law, civil procedure, legal history, jurisprudence, and ancient law. He has taught a wide range of subjects including law and economics, corporations, compliance and risk management, property, regulation of financial institutions, land development, securities law, the legal profession, and legal theory. Miller received his BA magna cum laude from Princeton in 1973 and his JD from Columbia in 1978, where he was a Stone Scholar and editor-in-chief of the Columbia Law Review. He clerked for Judge Carl McGowan of the US Court of Appeals for the District of Columbia Circuit and Justice Byron White of the US Supreme Court. After two years as an attorney adviser at the Office of Legal Counsel of the US Department of Justice and one year with a Washington, DC, law firm, he joined the faculty of the University of Chicago Law School in 1983 and NYU School of Law in 1995.
Miller has been a visiting professor or visiting scholar at Columbia University, Harvard University, University of Minnesota, University of Basel (Switzerland), University of Genoa (Italy), Collegio Carlo Alberto (Italy), Study Center Gerzensee (Switzerland), Vanderbilt University, University of St. Gallen (Switzerland), University of Frankfurt (Germany), University of Sydney (Australia), University of Auckland (New Zealand), and the Bank of Japan. Miller is a founder of the Society for Empirical Legal Studies, a scholarly organization devoted to promoting statistical and other empirical techniques in the study of legal institutions. He is founder and director of NYU School of Law’s Center for Financial Institutions, co-director of the Center for Civil Justice, co-founder of and Senior Academic Fellow at NYU's Program on Corporate Compliance and Enforcement, co-convener of the Global Economic Policy Forum, a member of the board of directors of State Farm Bank, and a fellow in the American Academy of Arts and Sciences.
S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School
David Skeel is the Caryl Louise Boies Visiting Professor of Law at New York University, and the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania. He is the author of The New Financial Deal: Understanding the Dodd-Frank Act and its (Unintended) Consequences (Wiley, 2011); Icarus in the Boardroom: The Fundamental Flaws in Corporate America and Where They Came From (Oxford University Press, 2005); Debt’s Dominion: A History of Bankruptcy Law in America (Princeton University Press, 2001); and numerous articles on bankruptcy, corporate law, financial regulation, Christianity and law, and other topics. Professor Skeel has also written commentaries for the New York Times, Wall Street Journal, Books & Culture, The Weekly Standard, and other publications.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
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, Third Circuit
Judge Hardiman was appointed to the United States Court of Appeals for the Third Circuit on January 9, 2007 and was confirmed by the Senate (95-0) on March 15, 2007. Prior to becoming an appellate judge, Judge Hardiman served as a trial judge on the United States District Court for the Western District of Pennsylvania as of November 1, 2003. In 2008, Chief Justice John Roberts appointed Judge Hardiman to the Information Technology Committee of the Judicial Conference of the United States. Judge Hardiman was appointed Chairman of the IT Committee in 2013 and served in that capacity until September 2021. In 2021 he was appointed by the Director of the Administrative Office of the United States Courts to serve as Chair of the Judiciary IT Security Task Force, which completed its work in fall 2023. Chief Justice Roberts appointed Judge Hardiman to the Board of the Federal Judicial Center to serve from March 2020 until March 2024. As part of his work with the Center, Judge Hardiman now serves as Editor in Chief for the Manual for Complex Civil Litigation, Fifth.
Before entering judicial service, Judge Hardiman handled a wide variety of litigation matters in state and federal trial and appellate courts as a partner at Reed Smith LLP (1999-2003), a partner at Titus & McConomy LLP (1996-1999), and as an associate with its predecessor firm, Cindrich & Titus (1992-1996). Judge Hardiman began his legal career as an associate in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom (1990-1992).
A 1987 honors graduate of the University of Notre Dame, Judge Hardiman received his law degree in 1990 from the Georgetown University Law Center, where he served as a Notes and Comments Editor on the Georgetown Law Journal. In 2012, Judge Hardiman was elected as a member of the American Law Institute and was elected to its Council in 2019 and its Executive Committee in 2025. Judge Hardiman regularly teaches a seminar on Advanced Constitutional Law at Duquesne University School of Law and a one-week course entitled “Constitutional Law: the First and Second Amendments” at Georgetown University Law Center.
A native of Waltham, Massachusetts, Judge Hardiman has chambers in Pittsburgh, Pennsylvania. He and his wife Lori married in 1992 and have three children.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School
David Skeel is the Caryl Louise Boies Visiting Professor of Law at New York University, and the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania. He is the author of The New Financial Deal: Understanding the Dodd-Frank Act and its (Unintended) Consequences (Wiley, 2011); Icarus in the Boardroom: The Fundamental Flaws in Corporate America and Where They Came From (Oxford University Press, 2005); Debt’s Dominion: A History of Bankruptcy Law in America (Princeton University Press, 2001); and numerous articles on bankruptcy, corporate law, financial regulation, Christianity and law, and other topics. Professor Skeel has also written commentaries for the New York Times, Wall Street Journal, Books & Culture, The Weekly Standard, and other publications.
Professor of Philosophy & Church-Studies at Baylor University
Francis J. Beckwith is Professor of Philosophy & Church-State Studies at Baylor University, where he also serves as Associate Director of Graduate Studies in Philosophy. Writing and teaching in the areas of law and religion, jurisprudence, and politics, his over one dozen books include Taking Rites Seriously: Law, Politics, and the Reasonableness of Faith (Cambridge University Press, 2015), A Second Look at First Things: A Case for Conservative Politics (St. Augustine Press, 2013), Politics for Christians: Statecraft as Soulcraft (InterVarsity Press, 2010), Defending Life: A Moral and Legal Case Against Abortion Choice (Cambridge University Press, 2007), and Relativism: Feet Firmly Planted in Mid-Air (Baker Books, 1998). His articles have appeared in a wide-range of journals including Harvard Journal of Law & Public Policy, American Journal of Jurisprudence, Journal of Law & Religion, Notre Dame Journal of Law, Ethics & Public Policy, Nevada Law Journal, International Philosophical Quarterly, Journal of Medicine & Philosophy, San Diego Law Review, Liberty University Law Review, Ratio Juris, Christian Bioethics, Journal of Law, Medicine & Ethics, Journal of Medical Ethics, Philosophia Christi, Catholic Social Science Review, Journal of Church & State, Hastings Constitutional Law Quarterly, Chapman Law Review, Journal of Social Philosophy, Human Life Review, and Social Theory and Practice.
Senior Attorney, Institute for Justice
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. In this role, he oversees a talented group of IJ attorneys who help policymakers design constitutionally defensible educational choice programs and who defend educational choice programs in courtrooms nationwide. He joined IJ in 2005.
Michael was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he led IJ’s defense of the Choice Scholarship Program for elementary and secondary students in Douglas County, Colorado. He also successfully challenged Washington’s denial of special education services to children in religious schools, as well as the state’s exclusion of sectarian options from its state work study program. Currently, he leads IJ’s team in Carson v. Makin, challenging Maine’s exclusion of religious options from its educational choice program.
Prior to leading IJ’s educational choice team, Michael litigated extensively to secure economic liberty, property rights, and freedom of speech throughout the nation. He was counsel of record at the U.S. Supreme Court for Kimbrough Fine Wine & Spirits in Tennessee Wine and Spirits Retailers Association v. Thomas, a successful challenge to Tennessee’s durational residency requirements for retail liquor licenses. He also led successful challenges to the municipal sign codes of St. Louis, Mo. and Norfolk, Va., after those cities attempted to silence protests of their abusive eminent domain practices.
Prior to joining IJ, Michael spent three years as an attorney with Perkins Coie LLP. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career.
Michael received his law degree cum laude from the University of Pennsylvania Law School in 2001, where he served as Articles Editor for the Journal of Constitutional Law and was elected to the Order of the Coif. He received his undergraduate degree from the United States Military Academy at West Point in 1995.
Michael J. Marks Professor of Law, University of Chicago Law School
M. Todd Henderson is the Michael J. Marks Professor of Law at the University of Chicago Law School. Professor Henderson’s research interests include corporations, securities regulation, and law and economics. He has taught classes ranging from Banking Regulation to Torts to American Indian Law.
Professor Henderson received an engineering degree cum laude from Princeton University in 1993. He worked for several years designing and building dams in California before matriculating at the Law School. While at the Law School, Todd was an editor of the Law Review and captained the Law School's all-University champion intramural football team. He graduated magna cum laude in 1998 and was elected to the Order of the Coif. Following law school, Todd served as clerk to the Hon. Dennis Jacobs of the US Court of Appeals for the Second Circuit. He then practiced appellate litigation at Kirkland & Ellis in Washington, DC, and was an engagement manager at McKinsey & Company in Boston, where he specialized in counseling telecommunications and high-tech clients on business and regulatory strategy.
Stuyvesant P. Comfort Professor of Law; Director, Center for Financial Institutions; and Co-Director, Center for Civil Justice, New York University School of Law
Geoffrey Miller is an author or editor of a dozen books and more than 200 articles in the fields of financial institutions, contract law, corporate and securities law, constitutional law, civil procedure, legal history, jurisprudence, and ancient law. He has taught a wide range of subjects including law and economics, corporations, compliance and risk management, property, regulation of financial institutions, land development, securities law, the legal profession, and legal theory. Miller received his BA magna cum laude from Princeton in 1973 and his JD from Columbia in 1978, where he was a Stone Scholar and editor-in-chief of the Columbia Law Review. He clerked for Judge Carl McGowan of the US Court of Appeals for the District of Columbia Circuit and Justice Byron White of the US Supreme Court. After two years as an attorney adviser at the Office of Legal Counsel of the US Department of Justice and one year with a Washington, DC, law firm, he joined the faculty of the University of Chicago Law School in 1983 and NYU School of Law in 1995.
Miller has been a visiting professor or visiting scholar at Columbia University, Harvard University, University of Minnesota, University of Basel (Switzerland), University of Genoa (Italy), Collegio Carlo Alberto (Italy), Study Center Gerzensee (Switzerland), Vanderbilt University, University of St. Gallen (Switzerland), University of Frankfurt (Germany), University of Sydney (Australia), University of Auckland (New Zealand), and the Bank of Japan. Miller is a founder of the Society for Empirical Legal Studies, a scholarly organization devoted to promoting statistical and other empirical techniques in the study of legal institutions. He is founder and director of NYU School of Law’s Center for Financial Institutions, co-director of the Center for Civil Justice, co-founder of and Senior Academic Fellow at NYU's Program on Corporate Compliance and Enforcement, co-convener of the Global Economic Policy Forum, a member of the board of directors of State Farm Bank, and a fellow in the American Academy of Arts and Sciences.
S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School
David Skeel is the Caryl Louise Boies Visiting Professor of Law at New York University, and the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania. He is the author of The New Financial Deal: Understanding the Dodd-Frank Act and its (Unintended) Consequences (Wiley, 2011); Icarus in the Boardroom: The Fundamental Flaws in Corporate America and Where They Came From (Oxford University Press, 2005); Debt’s Dominion: A History of Bankruptcy Law in America (Princeton University Press, 2001); and numerous articles on bankruptcy, corporate law, financial regulation, Christianity and law, and other topics. Professor Skeel has also written commentaries for the New York Times, Wall Street Journal, Books & Culture, The Weekly Standard, and other publications.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Showcase Panel I: Textualism and the Bill of Rights
Stephanos Bibas, Richard A. Epstein, Thomas M. Hardiman, Nicholas Quinn Rosenkranz, Nadine Strossen, Eugene Volokh
The new textualism has had a big impact on interpretation of the Bill of Rights....
Showcase Panel I: Textualism and the Bill of Rights
2013 National Lawyers Convention
Washington, DCMunicipal Bankruptcy and Pension Reform: A Way Out?
Erik S. Jaffe, Thomas W. Merrill, David Skeel
As an increasing number of local and municipal governments find themselves in dire financial straights,...
Municipal Bankruptcy and Pension Reform: A Way Out?
Sponsored by the Practice Groups of the Federalist Society
Washington, DCFaith, Reason, & Law
Douglas County’s Choice Scholarship Program: The Policy and the Litigation
Denver, ColoradoPanel 2: Dodd Frank
Todd Henderson, Geoffrey P. Miller, David Skeel, Adam White
The Federalist Society's Facutly Division hosted this panel discussion on "Dodd-Frank" on Saturday, January 5,...
Panel 2: Dodd Frank
Todd Henderson, Geoffrey P. Miller, David Skeel, Adam White
The Federalist Society's Facutly Division hosted this panel discussion on "Dodd-Frank" on Saturday, January 5,...
Panel 2: Dodd Frank
15th Annual Faculty Conference
New Orleans, LAThe Machinery of Criminal Justice
Morristown, New Jersey