Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.
Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science. Before that he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He also has taught at DePaul College of Law and UCLA Law School.
He is the author of eleven books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (Picador Macmillan) published in November 2018, and two books published by Yale University Press in 2017, Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman).
He also is the author of more than 200 law review articles. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.
Senior Fellow, National Security Institute, Antonin Scalia School of Law, George Mason University; Retired Professor, Distinguished Fellow and Co-Founder, Center for National Security Law, University of Virginia School of Law (1987-2020)
Robert F. Turner holds both professional and academic doctorates from the University of Virginia School of Law. He co-founded the Center for National Security Law with Professor John Norton Moore in April 1981 and served as its associate director for 39 years, except for two periods of government service in the 1980s and during 1994-95, when he occupied the Charles H. Stockton Chair of International Law at the U.S. Naval War College in Newport, Rhode Island. He retired from UVA in January 2020 and currently serves as a non-resident senior fellow at the GMU National Security Institute. He also served briefly in 2020 as President of the Crime Prevention Research Center—one of the most respected pro-Second Amendment groups in the country—while its founder, Dr. John Lott, was on leave of absence.
A former Army captain and veteran of two tours in Vietnam, Turner served as a research associate and public affairs fellow at Stanford's Hoover Institution on War, Revolution and Peace before spending five years in the mid-1970s as national security adviser to U.S. Senator Robert P. Griffin, a member of the Senate Foreign Relations Committee (where Turner anticipated by seven years the Supreme Court’s landmark INS v. Chadha decision, striking down legislative vetoes). He also served in the executive branch during the Reagan administration as a member of the Senior Executive Service, first in the Pentagon as special assistant to the undersecretary of defense for policy, then in the White House as counsel to the President's Intelligence Oversight Board, and at the State Department as principal deputy and then acting assistant secretary for legislative affairs. In 1986, he became the first president of the congressionally established United States Institute of Peace.
A former three-term chairman of the ABA Standing Committee on Law and National Security (and for many years editor of the ABA National Security Law Report), Turner also chaired the Executive-Congressional Relations Subcommittee of the ABA Section on International Law and Practice and chaired or co-chaired the National Security Law Subcommittee of the Federalist Society’s International and National Security Law Practice Group for several years.
Turner taught undergraduate courses at Virginia on international law, U.S. foreign policy, the Vietnam War and foreign policy and the law in what is now the Woodrow Wilson Department of Politics. In addition, he co-taught National Security Law and advanced national security law seminars on the Indochina War and on war and peace with Moore at the Law School.
The author or editor of 18 books and monographs (including co-editor of the Center's 1,600-page National Security Law & Policy casebook, National Security Law Documents, and Legal Issues in the Struggle Against Terror) and numerous articles in law reviews and other professional journals, Turner has also contributed articles to most of the major U.S. newspapers, including The New York Times and USA Today. In an op-ed published in The International Herald Tribune in September 1990, he and Moore were the first to call for a war-crimes trial for Iraqi dictator Saddam Hussein and for international controls over Iraq's weapons of mass destruction, and the following month he wrote the lead story in The Washington Post Sunday Outlook Section, “Killing Saddam: Would It Be a Crime?,” arguing that Hussein would be a lawful target during Operation Desert Storm. (His reasoning contributed to the modern legal justification for drone strikes targeting specific terrorist leaders.) Three years before the terrorist attacks of September 11, 2001, Turner published an op-ed in USA Today entitled: “In Self-defense, U.S. Has Right to Kill bin Laden.”
In July 2007, he co-authored an article in The Washington Post with former U.S. Marine Corps Commandant General P.X. Kelley, “War Crimes and the White House,” criticizing the use of unlawful “enhanced interrogation techniques” by the Central Intelligence Agency. On the 40th anniversary of the fall of Saigon he authored an article in The Wall Street Journal, “Saigon’s Fall Still Echoes Today,” noting that after the war ended, Hanoi admitted it had made a decision in 1959 to open the Ho Chi Minh Trail and start sending troops, weapons and supplies into South Vietnam to overthrow its government — just as the United States had charged. In 2010 Turner received the first “person of the year” award from SACEI, a major Vietnamese-American human rights organization.
A frequent lecturer and debater, Turner has spoken at more than 100 law schools around the nation and in other fora — taking on as many as four opponents at a time. His debate opponents have included former or future deans of Yale, Stanford, the University of Chicago and Berkeley law schools. Following a 1987 debate against Dean Harlan Cleveland (Rhodes Scholar, U.S. Ambassador to NATO, and Presidential Medal of Freedom recipient) in which Turner defended the legality of U.S. support for the Nicaraguan contras during the Reagan Administration, the host student debating societies awarded Turner the victory by an 85-to-15 percent margin.
Turner has also written and lectured widely on University of Virginia founder and America’s third president Thomas Jefferson. In 2000-2001 he chaired the Jefferson-Hemings Scholars Commission. In his 2012 book Master of the Mountain, Jefferson critic Henry Wiencek described Turner as “Jefferson’s chief scholarly defender."
A former distinguished lecturer at the U.S. Military Academy at West Point, Turner is a member of the Council on Foreign Relations, the Academy of Political Science, the Committee on the Present Danger, The Heterodox Academy, and other professional organizations. He maintained a 4.0 gpa as a graduate student at Stanford in History and Political Science and in the UVA Department of Government and Foreign Affairs and was the first person admitted directly to the UVA academic law doctorate (SJD) program without first being required to earn an LL.M. master’s degree. He was selected for inclusion in Who’s Who in American Law less than two years after graduating from law school and Who’s Who in the World before he reached the age of 40. Turner has testified before more than a dozen different congressional committees on issues of international or constitutional law and other topics.
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Associate, Jones Day
Shay Dvoretzky specializes in appellate advocacy, complex motions in trial courts, and legal strategy. He has argued before numerous courts, including the U.S. Courts of Appeals for the Second, Sixth, Eighth, Ninth, Eleventh, and District of Columbia Circuits. He has represented Firm clients in the Supreme Court of the United States and in federal and state courts throughout the country. His practice has spanned a wide range of subject areas, including constitutional law, Title VII, ERISA, LMRA, the NLRA, election law and voting rights, intellectual property, securities fraud, RICO, administrative law, products liability, section 1983 claims, energy law, taxation, bankruptcy, and general commercial litigation.
Shay has particular experience in labor and employment law and employment class actions. For example, he has successfully argued appeals involving the vesting of retiree health benefits and the arbitrability of disputes over such benefits after a collective bargaining agreement expires, see Crown Cork & Seal Co. v. International Association of Machinists and Aerospace Workers, __ F.3d __, 2007 WL 2701208 (8th Cir. Sept. 18, 2007); ERISA's anti-cutback and merger rules, see McCay v. Siemens Corp., 2007 WL 2119827 (11th Cir. July 25, 2007); and the denial of certification of a 3,000-member class, see Love v. Johanns, 439 F.3d 723 (D.C. Cir. 2006).
In addition, Shay maintains an active pro bono practice and has represented indigent individuals in numerous cases. For example, in Turner v. Bagley, 401 F.3d 718 (6th Cir. 2005), which Shay argued before the Sixth Circuit, the court of appeals reversed the district court's judgment and granted Jones Day's client a writ of habeas corpus based on constitutional violations related to his state conviction.
Shay regularly speaks and writes on issues including appellate advocacy, the Supreme Court, and employment law. He also serves as the D.C. Circuit editor for the ABA Appellate Practice Journal, frequently judges moot courts for various organizations, and belongs to the Edward Coke Appellate Inn of Court.
Shay joined Jones Day following clerkships on the U.S. Court of Appeals for the Fourth Circuit and the Supreme Court of the United States. Before law school he worked for several years as a management consultant.
Law Clerk to Hon. J. Michael Luttig, U.S. Court of Appeals, Fourth Circuit (2000-2001) and Law Clerk to Hon. Antonin Scalia, Supreme Court of the United States (2001-2002)
Yale University (Phi Beta Kappa; Distinction in the Political Science Major; James Bennett Prize for Outstanding Senior Thesis; B.A. summa cum laude 1995; Coker Fellow; Olin Fellow; Yale Club Scholar; William Wang Prize in Corporate Law; Yale Law Journal; J.D. 2000)
Vilas Research Fellow & Professor of Law, University of Wisconsin Law School
Shubha Ghosh has taught in the fields of intellectual property, business organizations, tort law, antitrust, property, and law & economics since Fall 1996. He is the author of over fifty articles and book chapters. He is the co-author of two intellectual property casebooks: Intellectual Property: Private Rights, The Public Interest, and the Regulation of Creative Activity (Thomson West 2007) and Intellectual Property in Business Organizations (Lexis-Nexis 2006).
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
Stevenson Bernard Professor, George Washington University Law School
The Honorable F. Scott Kieff is the Stevenson Bernard Professor at George Washington University Law School and a Visiting Fellow at Stanford University’s Hoover Institution.
He served as Commissioner of the U.S. International Trade Commission from 2013-2017. He also served during the Bush, Obama, and Trump Administrations in the part-time leadership of the national security defense-intelligence community.
He was previously a professor of law and medicine at Washington University in Saint Louis and a Senior Fellow at Hoover. A former law clerk to U.S. Circuit Judge Giles S. Rich, he is a graduate of Penn Law School and MIT, where he studied molecular biology and microeconomics. He was elected to the European Academy of Sciences and Arts in 2012 and the Academia Europaea in 2024.
His private sector work through Kieff Strategies LLC (www.kieffstrategies.com) provides neutral services including mediation and compliance, and expert services including crisis management, advising, and testimony.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
CoFounder, RightsClick
Steven’s extensive background in IP law and policy began as an attorney for the U.S. Senate Judiciary Committee, after which, he served as senior counsel for Policy and International Affairs at the U.S. Copyright Office and then as Chief Intellectual Property Counsel for the Global Intellectual Property Center of the U.S. Chamber of Commerce. Before co-founding RightsClick, he started the IP consultancy Sentinel Worldwide, and teaches copyright law at George Washington University Law School.
D.C. Gun Ban in the Crosshairs: District of Columbia v. Heller
D.C. Gun Ban in the Crosshairs
Orlando, FloridaGun Control
The Theory of Originalism in Constitutional Interpretation and as an Antidote to Judicial Activism
FISA
Erwin Chemerinsky, Robert F. Turner
The Foreign Intelligence Service Act (FISA) of 1978 is a US federal law that prescribed...
SCOTUScast 12-7-07 featuring Bradford Berenson
Bradford A. Berenson
On December 5th, 2007, the Supreme Court heard oral arguments in Boumediene v. Bush. The...
SCOTUScast 12-6-07 featuring Shay Dvoretzky
Shay Dvoretzky
On November 26th, the Supreme Court heard oral argument in LaRue v. DeWolff, regarding whether...
The D.C. Gun Ban Case
Parker v. District of Columbia: The D.C. Gun Ban Case
Mineola, New YorkIntellectual Property: American Exceptionalism or International Harmonization?
Shubha Ghosh, Brett M. Kavanaugh, F. Scott Kieff, Adam Mossoff, Steven M. Tepp
The Federalist Society's Intellectual Property Practice Group presented this panel discussion at the 2007 Annual...