Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Partner, Wiley Rein, LLP
Megan L. Brown is a partner at Wiley Rein LLP. She has significant litigation, appellate and regulatory experience before state and federal courts and agencies.
Ms. Brown helps businesses respond to federal, state and local regulation and investigations raising administrative law, statutory interpretation, and constitutional issues, including the First Amendment.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Knights of Columbus Professor of Law and the Catholic Tradition, The Catholic University of America Columbus School of Law
Kevin C. Walsh teaches and writes in the areas of federal jurisdiction, constitutional law, and the U.S. Supreme Court. His scholarship explores the doctrines that define—and delimit—the scope of federal judicial power.
Professor Walsh graduated from Harvard Law School, where he was Articles Chair for Volume 115 of the Harvard Law Review. After graduation, he clerked for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit and Associate Justice Antonin Scalia of the Supreme Court of the United States. He then practiced law at Hunton & Williams LLP and taught as a visiting assistant professor at Villanova University School of Law. Walsh received his A.B. from Dartmouth College, and an M.A. in Theological Studies from the University of Notre Dame. He taught at the University of Richmond School of Law for thirteen years prior to joining The Catholic University of America, where he currently resides.
In early 2011, Professor Walsh filed two amicus curiae briefs addressing jurisdictional issues in the State challenges to the individual mandate in the federal healthcare reform legislation: a brief in Virginia v. Sebelius (United States Court of Appeals for the Fourth Circuit), and a brief in Florida v. HHS (United States Court of Appeals for the Eleventh Circuit).
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Partner, Wiley Rein, LLP
Megan L. Brown is a partner at Wiley Rein LLP. She has significant litigation, appellate and regulatory experience before state and federal courts and agencies.
Ms. Brown helps businesses respond to federal, state and local regulation and investigations raising administrative law, statutory interpretation, and constitutional issues, including the First Amendment.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Knights of Columbus Professor of Law and the Catholic Tradition, The Catholic University of America Columbus School of Law
Kevin C. Walsh teaches and writes in the areas of federal jurisdiction, constitutional law, and the U.S. Supreme Court. His scholarship explores the doctrines that define—and delimit—the scope of federal judicial power.
Professor Walsh graduated from Harvard Law School, where he was Articles Chair for Volume 115 of the Harvard Law Review. After graduation, he clerked for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit and Associate Justice Antonin Scalia of the Supreme Court of the United States. He then practiced law at Hunton & Williams LLP and taught as a visiting assistant professor at Villanova University School of Law. Walsh received his A.B. from Dartmouth College, and an M.A. in Theological Studies from the University of Notre Dame. He taught at the University of Richmond School of Law for thirteen years prior to joining The Catholic University of America, where he currently resides.
In early 2011, Professor Walsh filed two amicus curiae briefs addressing jurisdictional issues in the State challenges to the individual mandate in the federal healthcare reform legislation: a brief in Virginia v. Sebelius (United States Court of Appeals for the Fourth Circuit), and a brief in Florida v. HHS (United States Court of Appeals for the Eleventh Circuit).
Assistant Professor, George Mason University School of Law
Assistant Professor Christopher M. Newman graduated magna cum laude from the University of Michigan Law School in 1999, where he served as book review editor for the Michigan Law Review and received Michigan's highest law school award, the Henry M. Bates Memorial Scholarship. He also holds a BA in classical liberal arts awarded by St. John's College in Annapolis, Maryland.
Following law school, Professor Newman was a clerk for the Honorable Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, with whom he co-published What's So Fair About Fair Use?, 46 J. Copyright Soc'y 513 (1999). From 2000-2007, he was a litigation associate with Irell & Manella LLP in Los Angeles, where he represented clients in disputes involving contracts, business torts, intellectual property, corporate and securities litigation, and appellate matters, as well as pro bono family and criminal law matters. Professor Newman left practice at the beginning of 2007 to serve an Olin/Searle Fellowship in Law at the UCLA School of Law, where he focused on his research and writing in the areas of property theory and intellectual property, and from January 2008 until his arrival at Mason Law served as a research fellow of UCLA's Intellectual Property Project.
Assistant Professor, George Mason University School of Law
Assistant Professor Christopher M. Newman graduated magna cum laude from the University of Michigan Law School in 1999, where he served as book review editor for the Michigan Law Review and received Michigan's highest law school award, the Henry M. Bates Memorial Scholarship. He also holds a BA in classical liberal arts awarded by St. John's College in Annapolis, Maryland.
Following law school, Professor Newman was a clerk for the Honorable Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, with whom he co-published What's So Fair About Fair Use?, 46 J. Copyright Soc'y 513 (1999). From 2000-2007, he was a litigation associate with Irell & Manella LLP in Los Angeles, where he represented clients in disputes involving contracts, business torts, intellectual property, corporate and securities litigation, and appellate matters, as well as pro bono family and criminal law matters. Professor Newman left practice at the beginning of 2007 to serve an Olin/Searle Fellowship in Law at the UCLA School of Law, where he focused on his research and writing in the areas of property theory and intellectual property, and from January 2008 until his arrival at Mason Law served as a research fellow of UCLA's Intellectual Property Project.
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Partner, Wiley Rein, LLP
Megan L. Brown is a partner at Wiley Rein LLP. She has significant litigation, appellate and regulatory experience before state and federal courts and agencies.
Ms. Brown helps businesses respond to federal, state and local regulation and investigations raising administrative law, statutory interpretation, and constitutional issues, including the First Amendment.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Knights of Columbus Professor of Law and the Catholic Tradition, The Catholic University of America Columbus School of Law
Kevin C. Walsh teaches and writes in the areas of federal jurisdiction, constitutional law, and the U.S. Supreme Court. His scholarship explores the doctrines that define—and delimit—the scope of federal judicial power.
Professor Walsh graduated from Harvard Law School, where he was Articles Chair for Volume 115 of the Harvard Law Review. After graduation, he clerked for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit and Associate Justice Antonin Scalia of the Supreme Court of the United States. He then practiced law at Hunton & Williams LLP and taught as a visiting assistant professor at Villanova University School of Law. Walsh received his A.B. from Dartmouth College, and an M.A. in Theological Studies from the University of Notre Dame. He taught at the University of Richmond School of Law for thirteen years prior to joining The Catholic University of America, where he currently resides.
In early 2011, Professor Walsh filed two amicus curiae briefs addressing jurisdictional issues in the State challenges to the individual mandate in the federal healthcare reform legislation: a brief in Virginia v. Sebelius (United States Court of Appeals for the Fourth Circuit), and a brief in Florida v. HHS (United States Court of Appeals for the Eleventh Circuit).
Severability and Article III Powers
William Baude, Josh Blackman, Megan L. Brown, Erin M. Hawley, Kevin C. Walsh
What should the Supreme Court do when it finds one provision of a statute unconstitutional? There is a...
Severability and Article III Powers
William Baude, Josh Blackman, Megan L. Brown, Erin M. Hawley, Kevin C. Walsh
What should the Supreme Court do when it finds one provision of a statute unconstitutional? There is a...
Severability and Article III Powers
Federalism & Separation of Powers Practice Group Teleforum
TeleforumKirtsaeng v. John Wiley & Sons - Post-Decision SCOTUScast
Christopher Newman
On June 16, 2016, the Supreme Court decided Kirtsaeng v. John Wiley & Sons. Academic...
Kirtsaeng v. John Wiley & Sons - Post-Argument SCOTUScast
Christopher Newman
On April 25, 2016, the Supreme Court heard oral arguments in Kirtsaeng v. John Wiley...