Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
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.
Vanderbilt University Law School
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Judge, United States Court of Appeals, Eleventh Circuit
Judge Kevin C. Newsom is a member of the United States Court of Appeals for the Eleventh Circuit. He sits in Birmingham, Alabama.
Before his appointment to the bench, Judge Newsom was the head of the appellate practice group at Bradley Arant Boult Cummings LLP and, before that, the Solicitor General of Alabama. As a practicing lawyer, Judge Newsom argued four cases in the Supreme Court of the United States, and nearly 40 more in the United States Courts of Appeals and state supreme and appellate courts.
Judge Newsom graduated summa cum laude from Samford University and magna cum laude from Harvard Law School, where he was an articles editor on the Harvard Law Review. Following law school, Judge Newsom clerked for Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and Justice David H. Souter of the Supreme Court of the United States.
Judge Newsom teaches at Harvard Law School, Yale Law School, Stanford Law School, and the University of Chicago Law School. His published work has appeared in the Yale Law Journal and the Harvard Law Review.
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Director, Vanderbilt Health Policy Center, Vanderbilt University Law School
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
Professor of the Practice of Law and Executive Director, Center on Law, Ethics and National Security, Duke University Law School
Charles J. Dunlap Jr. joined the Duke Law faculty in July 2010 where he is currently a professor of the practice of law and Executive Director of the Center on Law, Ethics and National Security. His teaching and scholarly writing focus on national security, law of armed conflict, the use of force under international law, civil-military relations, cyberwar, airpower, military justice, and ethical issues related to the practice of national security law.
Dunlap retired from the Air Force in June 2010, having attained the rank of major general during a 34-year career in the Judge Advocate General Corps. In his capacity as Deputy Judge Advocate General spanning from May 2006 to March 2010, he assisted the Judge Advocate General in the professional supervision of more than 2,200 judge advocates, 350 civilian lawyers, 1,400 enlisted paralegals, and 500 civilians around the world. In addition to overseeing an array of military justice, operational, international, and civil law functions, he provided legal advice to commanders and civilian leaders at all levels.
In the course of his career, Dunlap has been involved in various high-profile interagency and policy matters, including his testimony before the U.S. House of Representatives concerning the Military Commissions Act of 2006.
Dunlap previously served as the senior lawyer (staff judge advocate) at Air Combat Command Headquarters at Langley Air Force Base in Virginia, at Air Education and Training Command Headquarters at Randolph Air Force Base in Texas, and at U.S. Strategic Command, Omaha, Nebraska, among other leadership posts. Additionally, he served on the faculty of the Air Force Judge Advocate General School where he taught various civil and criminal law topics. An experienced trial lawyer, he also spent two years as a military trial judge for a 22-state circuit. He served tours in the United Kingdom and Korea, and deployed for operations in the Middle East and Africa. He also led military-to-military delegations to Colombia, Uruguay, South Africa, and the Czech Republic.
A prolific author and accomplished public speaker, Dunlap’s commentary on a wide variety of national security topics has been published in leading newspapers and military journals. His 2001 essay written for Harvard University’s Carr Center on “lawfare,” a concept he defines as “the use or misuse of law as a substitute for traditional military means to accomplish an operational objective,” has been highly influential among military scholars and in the broader legal academy.
Dunlap is also the author of the prize-winning essay, “The Origins of the Military Coup of 2012”, originally published in 1992, which was selected for the 40th Anniversary Edition of Parameters (Winter 2010-2011).
Dunlap’s legal scholarship has been published in the Stanford Law Review, the Yale Journal of International Affairs, the Harvard Law’s National Security Journal, the Wake Forest Law Review, the Fletcher Forum of World Affairs, the University of Nebraska Law Review, the Texas Tech Law Review, Temple Law’s Journal of International & Comparative Law, the University of North Carolina’s Journal of International Law, the Connecticut Law Review, the Tennessee Law Review, and the Vanderbilt Journal of Transnational Law, among others.
He’s also authored numerous articles and opinion pieces in a range of publications including The Atlantic, the New York Times, the Washington Post, the Washington Times, the Air Force Times, Strategic Studies Quarterly, the Georgetown Journal of International Affairs, Business Insider, the Journal of Genocide Research, The Hill, Small Wars Journal, and the blogs, Lawfare and Just Security.
Maj Gen Dunlap founded his blog Lawfire in 2015 and has since written over 300 posts on a wide variety of subjects.
Dunlap's wife, Joy, was a vice president of the National Association of Broadcasters, and later a deputy director of Government Relations for the Military Officers Association of America. She served as the elected president of Duke Campus Club, and is a recipient of the prestigious Order of the Emerald by Kappa Delta sorority. Her blog, Speaking Joyfully, won 3rd place in the blog category at the 2021 Blue Ridge Mountains Christian Writers Conference. They reside in Durham.
Director, Legal Project at the Middle East Forum
Distinguished Visiting Professor, Hofstra Law School
Scott Horton is a Distinguished Visiting Professor at Hofstra Law School and an adjunct professor at Columbia Law School. He teaches international commercial law and the law of armed conflict. He is also a contributing editor at Harper's Magazine and writes on law and legal policy issues for several other publications. A life-long human rights advocate, Scott served as counsel to Andrei Sakharov and Elena Bonner, among other activists in the former Soviet Union. He is a co-founder of the American University in Central Asia, where he currently serves as a trustee, and has been involved in some of the most significant foreign investment projects in the Central Eurasian region. Scott recently led a number of studies of issues associated with the conduct of the war on terror, including major studies of the introduction of highly coercive interrogation techniques and the program of extraordinary renditions for the New York City Bar Association, where he has chaired several committees, including, most recently, the Committee on International Law. He is also an associate of the Harriman Institute at Columbia University, a member of the board of the National Institute of Military Justice, Center on Law and Security of NYU Law School, the EurasiaGroup and the American Branch of the International Law Association and a member of the Council on Foreign Relations. He co-authored a recent study on legal accountability for private military contractors, Private Security Contractors at War. He appeared as a congressional witness five times in the last two years, offering testimony on issues under the law of armed conflict, military contractor liability and the extraordinary renditions program.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Fellow, National Security Institute, Antonin Scalia Law School, George Mason University
Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade. He is also a Fellow at the National Security Institute of George Mason University Law School. Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs. His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities. Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism. He has often written and spoken on national security and other public policy issues. Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute. He received his B.A. from Northwestern University and his J.D. from Cornell Law School.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Are Property Rights Opposed to Environmental Protection?
A Review of the Previous Supreme Court Term
Originalism and Formalism in Criminal Procedure: The Triumph of Justice Scalia, the Unlikely Friend of Criminal Defendants
2009 U.S. Supreme Court Round-Up
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Brian T. Fitzpatrick
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International Lawfare and National Security
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New York