Executive Director, Ohio Dental Association
David J. Owsiany is the executive director of the Ohio Dental Association and a past president of the Columbus Lawyers Chapter of the Federalist Society.
He has served as CEO of a statewide health care association, president of the Buckeye Institute, chief of policy for the Ohio Department of Insurance, judicial law clerk for the Illinois Appellate Court, and staffer on the United State Senate Judiciary Committee.
Mr. Owsiany has written dozens of articles on legal and public policy issues for various publications, including the University of Toledo Law Review, the Federalist Society's State Court Docket Watch, Columbus Dispatch, Cincinnati Enquirer, Crain’s Cleveland Business, and Akron Beacon Journal.
Owsiany received his J.D. from Washington University School of Law in St. Louis and B.A. from the University of Michigan in Ann Arbor.
Nicholas F. Gallicchio Professor of Law Emeritus, University of Pennsylvania Carey Law School
William Bratton is recognized internationally as a leading writer on business law. He brings an interdisciplinary perspective to a wide range of subject matters that encompass corporate governance, corporate finance, accounting, corporate legal history, and comparative corporate law.
His work has appeared in the California, Cornell, Michigan, Northwestern, Pennsylvania, Stanford, Texas, and Virginia law reviews, and the Duke and Georgetown law journals, along with the American Journal of Comparative Law and the Common Market Law Review. His book, Corporate Finance: Cases and Materials (Foundation Press, 8th ed. 2016), is the leading law school text on the subject.
Bratton is a Research Associate of the European Corporate Governance Institute. In 2009, he was installed as the Anton Philips Professor at the Faculty of Law of Tilburg University in the Netherlands, the fifth American academic to hold the chair. In 2013, he was Simizu Visiting Professor at the Faculty of Law of the London School of Economics.
Retired Edgar S. Woolard, Jr. Chair in Corporate Governance, University of Delaware
Professor Elson is the Edgar S. Woolard, Jr., Chair in Corporate Governance and the Director of the John L. Weinberg Center for Corporate Governance at the University of Delaware. He is also "Of Counsel" to the law firm of Holland & Knight. He formerly served as a Professor of Law at Stetson University College of Law in St. Petersburg, Florida from 1990 until 2001. His fields of expertise include corporations, securities regulation and corporate governance. He is a graduate of Harvard College and the University of Virginia Law School, and has served as a law clerk to Judges J. Harvie Wilkinson III and Elbert P. Tuttle of the United States Court of Appeals for the Fourth and Eleventh Circuits. He has been a Visiting Professor at the University of Illinois College of Law, the Cornell Law School, and the University of Maryland School of Law, and is a Salvatori Fellow at the Heritage Foundation in Washington, D.C. and a member of the American Law Institute. Professor Elson has written extensively on the subject of boards of directors. He is a frequent contributor on corporate governance issues to various scholarly and popular publications. He served on the National Association of Corporate Directors' Commissions on Director Compensation, Director Professionalism, CEO Succession, Audit Committees, Strategic Planning and Director Evaluation, was a member of its Best Practices Council on Coping With Fraud and Other Illegal Activity, and presently serves on that organization’s Advisory Council. He is Vice Chairman of the ABA Business Law Section’s Committee on Corporate Governance and a member of its Committee on Corporate Laws. Additionally, Professor Elson served as an adviser and consultant to Towers Perrin, the international human resource management consultants, a director of Circon Corporation, a medical products maker; Sunbeam Corporation, the consumer products manufacturer; Nuevo Energy Company, an independent oil and natural gas producer, the Investor Responsibility Research Center, a non-profit corporate governance research organization, Alderwoods Group, an international death care services provider and is presently, a member of the Board of Directors of AutoZone, Inc., the national automobile parts retailer, HealthSouth Corporation, a healthcare services provider.
Perry Golkin Professor of Law; Co-Director, Institute for Law an, University of Pennsylvania Law School
Jill E. Fisch is the Saul A. Fox Distinguished Professor of Business Law and co-director of the Institute for Law and Economics at the University of Pennsylvania Law School where she teaches and writes on corporate law, corporate governance and securities regulation. Prior to joining Penn Law, Professor Fisch was the T.J. Maloney Professor of Business Law at Fordham Law School and Founding Director of the Fordham Corporate Law Center. Professor Fisch has also served as a visiting professor at Harvard, Columbia, Berkeley and Georgetown.
Fisch is the recipient of various awards including the Penn LLM Prize for Excellence in Teaching and the Robert A. Gorman Award for Excellence in Teaching (twice). She is an associate reporter for the American Law Institute’s Restatement of Corporate Governance and a director of the European Corporate Governance Institute. Before entering academia, Professor Fisch practiced law as a trial attorney with the United States Department of Justice, Criminal Division, and as an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton. She received her B.A. from Cornell University and her J.D. from Yale Law School.
Dorsey & Whitney Chair in Law, University of Minnesota Law School
Professor Brett McDonnell teaches and writes in the areas of business associations, corporate finance, law and economics, securities regulations, mergers and acquisitions, contracts, and legislation.
Professor McDonnell received his B.A. in economics and political science, magna cum laude, in 1985 from Williams College, where he was a member of Phi Beta Kappa, was a Herschel Smith Fellow for two years of study at Cambridge University, and received several prizes for his academic work. He received his M.Phil. in economics from Emmanuel College, Cambridge University, in 1987 and his Ph.D. in economics from Stanford University in 1995. Professor McDonnell received his J.D. from the Boalt Hall School of Law, University of California at Berkeley, in 1997. At Boalt Hall he was a member of the Order of the Coif, the California Law Review, and the Berkeley Women’s Law Journal. He was the recipient of the John M. Olin scholarship and a Moot Court best brief award.
Professor McDonnell clerked for The Honorable Alex Kozinski of the United States Court of Appeals for the Ninth Circuit from 1997 to 1998. He then practiced as an associate at Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco, where he concentrated on general corporate counseling and public offerings and acquisitions. He started teaching at the University of Minnesota in 2000. He visited at the University of California, Hastings College of the Law, in 2004 and the University of San Diego School of Law in 2005. He was the 2005 Julius E. Davis Professor of Law.
Associate Professor, University of Wisconsin Law School
Yaron Nili is an Associate Professor of Law and Smith-Rowe Faculty Fellow in Business Law at the University of Wisconsin Law School. Professor Nili teaches courses in Corporate and Securities Law. His scholarly interests include corporate law, securities law and corporate governance, with a particular focus on the role and function of the board of directors, shareholder activism, hedge funds and private equity.
Professor Nili graduated summa cum laude from the Hebrew University Faculty of Law, where he was the Editor-in-Chief of the Hebrew University Law Review. He also earned an M.B.A. in finance, magna cum laude, from the Hebrew University. Subsequently, Professor Nili served as a law clerk to Justice Ayala Procaccia of the Israeli Supreme Court. In 2007, Professor Nili was awarded a Fulbright Scholarship to pursue advanced legal studies at Harvard Law School where he earned his LL.M. and subsequently his S.J.D. While at Harvard, Professor Nili served as a John M. Olin Fellow in Law and Economics and as a fellow at the Program on Corporate Governance. Professor Nili also worked in private practice as a corporate associate at Simpson Thacher & Bartlett LLP in New York.
His recent publications appear or are forthcoming in the Yale Law Journal, University of Pennsylvania Law Review, California Law Review, Northwestern University Law Review, Southern California Law Review, George Washington Law Review, Boston University Law Review, and the Harvard Business Law Review. His recent article, Shadow Governance, was voted among the top 10 best corporate and securities law articles of 2020. Professor Nili's work is available for download on his SSRN page.
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.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
Nicholas F. Gallicchio Professor of Law Emeritus, University of Pennsylvania Carey Law School
William Bratton is recognized internationally as a leading writer on business law. He brings an interdisciplinary perspective to a wide range of subject matters that encompass corporate governance, corporate finance, accounting, corporate legal history, and comparative corporate law.
His work has appeared in the California, Cornell, Michigan, Northwestern, Pennsylvania, Stanford, Texas, and Virginia law reviews, and the Duke and Georgetown law journals, along with the American Journal of Comparative Law and the Common Market Law Review. His book, Corporate Finance: Cases and Materials (Foundation Press, 8th ed. 2016), is the leading law school text on the subject.
Bratton is a Research Associate of the European Corporate Governance Institute. In 2009, he was installed as the Anton Philips Professor at the Faculty of Law of Tilburg University in the Netherlands, the fifth American academic to hold the chair. In 2013, he was Simizu Visiting Professor at the Faculty of Law of the London School of Economics.
Retired Edgar S. Woolard, Jr. Chair in Corporate Governance, University of Delaware
Professor Elson is the Edgar S. Woolard, Jr., Chair in Corporate Governance and the Director of the John L. Weinberg Center for Corporate Governance at the University of Delaware. He is also "Of Counsel" to the law firm of Holland & Knight. He formerly served as a Professor of Law at Stetson University College of Law in St. Petersburg, Florida from 1990 until 2001. His fields of expertise include corporations, securities regulation and corporate governance. He is a graduate of Harvard College and the University of Virginia Law School, and has served as a law clerk to Judges J. Harvie Wilkinson III and Elbert P. Tuttle of the United States Court of Appeals for the Fourth and Eleventh Circuits. He has been a Visiting Professor at the University of Illinois College of Law, the Cornell Law School, and the University of Maryland School of Law, and is a Salvatori Fellow at the Heritage Foundation in Washington, D.C. and a member of the American Law Institute. Professor Elson has written extensively on the subject of boards of directors. He is a frequent contributor on corporate governance issues to various scholarly and popular publications. He served on the National Association of Corporate Directors' Commissions on Director Compensation, Director Professionalism, CEO Succession, Audit Committees, Strategic Planning and Director Evaluation, was a member of its Best Practices Council on Coping With Fraud and Other Illegal Activity, and presently serves on that organization’s Advisory Council. He is Vice Chairman of the ABA Business Law Section’s Committee on Corporate Governance and a member of its Committee on Corporate Laws. Additionally, Professor Elson served as an adviser and consultant to Towers Perrin, the international human resource management consultants, a director of Circon Corporation, a medical products maker; Sunbeam Corporation, the consumer products manufacturer; Nuevo Energy Company, an independent oil and natural gas producer, the Investor Responsibility Research Center, a non-profit corporate governance research organization, Alderwoods Group, an international death care services provider and is presently, a member of the Board of Directors of AutoZone, Inc., the national automobile parts retailer, HealthSouth Corporation, a healthcare services provider.
Perry Golkin Professor of Law; Co-Director, Institute for Law an, University of Pennsylvania Law School
Jill E. Fisch is the Saul A. Fox Distinguished Professor of Business Law and co-director of the Institute for Law and Economics at the University of Pennsylvania Law School where she teaches and writes on corporate law, corporate governance and securities regulation. Prior to joining Penn Law, Professor Fisch was the T.J. Maloney Professor of Business Law at Fordham Law School and Founding Director of the Fordham Corporate Law Center. Professor Fisch has also served as a visiting professor at Harvard, Columbia, Berkeley and Georgetown.
Fisch is the recipient of various awards including the Penn LLM Prize for Excellence in Teaching and the Robert A. Gorman Award for Excellence in Teaching (twice). She is an associate reporter for the American Law Institute’s Restatement of Corporate Governance and a director of the European Corporate Governance Institute. Before entering academia, Professor Fisch practiced law as a trial attorney with the United States Department of Justice, Criminal Division, and as an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton. She received her B.A. from Cornell University and her J.D. from Yale Law School.
Dorsey & Whitney Chair in Law, University of Minnesota Law School
Professor Brett McDonnell teaches and writes in the areas of business associations, corporate finance, law and economics, securities regulations, mergers and acquisitions, contracts, and legislation.
Professor McDonnell received his B.A. in economics and political science, magna cum laude, in 1985 from Williams College, where he was a member of Phi Beta Kappa, was a Herschel Smith Fellow for two years of study at Cambridge University, and received several prizes for his academic work. He received his M.Phil. in economics from Emmanuel College, Cambridge University, in 1987 and his Ph.D. in economics from Stanford University in 1995. Professor McDonnell received his J.D. from the Boalt Hall School of Law, University of California at Berkeley, in 1997. At Boalt Hall he was a member of the Order of the Coif, the California Law Review, and the Berkeley Women’s Law Journal. He was the recipient of the John M. Olin scholarship and a Moot Court best brief award.
Professor McDonnell clerked for The Honorable Alex Kozinski of the United States Court of Appeals for the Ninth Circuit from 1997 to 1998. He then practiced as an associate at Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco, where he concentrated on general corporate counseling and public offerings and acquisitions. He started teaching at the University of Minnesota in 2000. He visited at the University of California, Hastings College of the Law, in 2004 and the University of San Diego School of Law in 2005. He was the 2005 Julius E. Davis Professor of Law.
Associate Professor, University of Wisconsin Law School
Yaron Nili is an Associate Professor of Law and Smith-Rowe Faculty Fellow in Business Law at the University of Wisconsin Law School. Professor Nili teaches courses in Corporate and Securities Law. His scholarly interests include corporate law, securities law and corporate governance, with a particular focus on the role and function of the board of directors, shareholder activism, hedge funds and private equity.
Professor Nili graduated summa cum laude from the Hebrew University Faculty of Law, where he was the Editor-in-Chief of the Hebrew University Law Review. He also earned an M.B.A. in finance, magna cum laude, from the Hebrew University. Subsequently, Professor Nili served as a law clerk to Justice Ayala Procaccia of the Israeli Supreme Court. In 2007, Professor Nili was awarded a Fulbright Scholarship to pursue advanced legal studies at Harvard Law School where he earned his LL.M. and subsequently his S.J.D. While at Harvard, Professor Nili served as a John M. Olin Fellow in Law and Economics and as a fellow at the Program on Corporate Governance. Professor Nili also worked in private practice as a corporate associate at Simpson Thacher & Bartlett LLP in New York.
His recent publications appear or are forthcoming in the Yale Law Journal, University of Pennsylvania Law Review, California Law Review, Northwestern University Law Review, Southern California Law Review, George Washington Law Review, Boston University Law Review, and the Harvard Business Law Review. His recent article, Shadow Governance, was voted among the top 10 best corporate and securities law articles of 2020. Professor Nili's work is available for download on his SSRN page.
DuBose v. McGuffey
David J. Owsiany
In recent years, a debate has emerged related to the appropriate role of bail in...
Panel One: Reviewing the Berle-Dodd Debate
The Shareholder and Stakeholder Symposium
Washington, DCPanel One: Reviewing the Berle-Dodd Debate
William Bratton, Charles Elson, Jill Fisch, Brett McDonnell, Yaron Nili
A distinguished panel of scholars will review the famous debate in the pages of the...
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Why Rudy Giuliani Matters . . . and It Has Nothing to Do with Ukraine
Rudy Giuliani is a tragic figure. His painful appearances on Fox News and CNN in 2019...
The Future of Miranda and the Exclusionary Rule
Michael O'Neill, Vivian Berger, Bradford A. Berenson, William G. Otis, Tim Lynch
Following are remarks from a panel discussion sponsored by the Criminal Law & Procedure Practice...