Vanderbilt Law School Program in Constitutional Law...

Vanderbilt Law School

Program in Constitutional Law & Theory

and The American Constitution Society

Present

K E E P I N G F A I T H W I T H T H E

C O N S T I T U T I O N

I N C H A N G I N G T I M E S

October 6-7, 2006

Flynn Auditorium

Vanderbilt Law School

What does it mean to be faithful to the meaning of the Constitution?

Can progressive approaches to constitutional interpretation persuasively

lay claim to principle, fidelity, adherence to the rule of law and democratic

legitimacy? How can these approaches be effectively communicated

and made part of the public debate about the Constitution?

A diverse group of scholars, lawyers, journalists and judges will address

different aspects of this inquiry over two days of panel discussions

and roundtable conversations during “Keeping Faith with the

Constitution in Changing Times,” a conference sponsored jointly by

Vanderbilt Law School’s Program in Constitutional Law & Theory

and the American Constitution Society for Law and Policy.

Friday, October 6

8:45-9:15 Continental Breakfast in North Lobby

9:15-9:45 Opening RemarksDean Ed Rubin, Vanderbilt Law SchoolLisa Brown, Executive Director, ACS

9:45-10:30 Origins of the Debate over Originalism and the Living Constitution (Christopher Yoo, Moderator)Barry Friedman Howard Gillman

10:30-10:45 Break

10:45-12:15 Constitutional Fidelity Over Time (Ed Rubin, Moderator)Erwin Chemerinsky Marty LedermanJohn McGinnis

12:15-1:30 LunchNorth Lobby

1:30-3:00 The Varieties of Historical Argument (Deborah Hellman, Moderator)Peggy Cooper Davis Robert Gordon Richard Primus Keith Whittington

3:00-3:15 Break

3:15-4:45 A Dynamic Rule of Law: Using Text, Structure and History to Derive Constitutional Meaning (Doni Gewirtzman, Moderator)Jack Balkin Michael Greve Kermit Roosevelt

5:30-7:30 Reception and Kickoff Event for Nashville ACS ChapterNorth Lobby

C O N F E R E N C E S C H E D U L E

Saturday, October 7

8:30-9:00 Continental Breakfast in North Lobby

9:00-10:30 Constitutional Fidelity over Time and Democratic Legitimacy (Lisa Bressman, Moderator)Rebecca Brown Frank Michelman Robin West

10:30-10:45 Break

10:45-12:15 Beyond the Ivory Tower: Translating Ideas into Action (Andrew Pincus, Moderator)Melody Barnes Pamela Karlan Edward Lazarus William Marshall

12:30-1:45 Lunch and Judicial Perspectives – A Conversation (Stefanie Lindquist, Moderator)Judge Theodore McKee Judge Gilbert S. Merritt

C O N F E R E N C E S C H E D U L E

Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale LawSchool. He is the founder and director of the Information Society Project, devoted to the study oflaw and new information technologies. He is the author of over seventy scholarly articles and haswritten op-eds and commentaries for many newspapers. He writes political and legal commentaryat the weblog Balkinization (http://balkin.blogspot.com). Professor Balkin’s work ranges fromtheories of cultural evolution to legal and musical interpretation. His books include Processes ofConstitutional Decisionmaking (5th ed., with Brest, Levinson, Amar & Siegel); What Brown v.Board of Education Should Have Said; What Roe v. Wade Should Have Said; Cultural Software: ATheory of Ideology; and The Laws of Change: I Ching and the Philosophy of Life.

Melody Barnes is the Executive Vice President for Policy at the Center for American Progress.From 1995 until 2003, she served as chief counsel to Senator Edward M. Kennedy on the SenateJudiciary Committee. Ms. Barnes has served as Director of Legislative Affairs for the U. S. EqualEmployment Opportunity Commission and as assistant counsel to the U.S. House ofRepresentatives Judiciary Subcommittee on Civil and Constitutional Rights, where she workedclosely with Members of Congress and their staffs to pass the Voting Rights Improvement Act of1992. Ms. Barnes began her career as an attorney with Shearman & Sterling in New York. She is amember of the Board of Directors of The Constitution Project, The Maya Angelou Public CharterSchool, The Moriah Fund, and Progress Through Action. She received her law degree from theUniversity of Michigan and her bachelor’s degree from the University of North Carolina at ChapelHill where she graduated with honors in history.

Lisa Schultz Bressman has established herself as an innovative scholar in administrative law.A graduate of the University of Chicago Law School, Professor Bressman joined the VanderbiltLaw School faculty in 1998 after working in the Office of Legal Counsel in the Department ofJustice and clerking for Supreme Court Justice Stephen Breyer and now-Second Circuit Judge JoséCabranes. Her research explores the intersection between constitutional theory and administrativelaw. She is particularly interested in the extent to which political control and judicial reviewimprove the legitimacy of agency decisionmaking. Professor Bressman teaches Administrative Law,Constitutional Law I, Legal Process, and Government and Religion. She is Co-Director of theVanderbilt Regulatory Program. She also serves as faculty advisor to the Vanderbilt chapter of theAmerican Constitution Society.

Rebecca L. Brown is the Allen Professor of Law at Vanderbilt Law School. After earning her B.A.at St. John’s College in Annapolis and her J.D. at Georgetown, she clerked for then-Chief JudgeSpottswood Robinson III, of the D.C. Circuit, and for Supreme Court Justice Thurgood Marshall.She served as an attorney advisor in the Office of Legal Counsel of the Department of Justice,and as an associate at the law firm of Onek, Klein & Farr, before joining the Vanderbilt faculty in1988. Her scholarship has focused primarily on developing an understanding of the Constitutionpremised on a relationship between equality and individual liberty. She teaches courses inconstitutional law and theory, and is a convenor of the Annual Constitutional Theory Conferencejointly sponsored with the NYU and University of Pennsylvania law schools. Currently, she servesas co-chair for the ACS Issue Group on Constitutional Interpretation and Change, and as amember of the Board of Advisors for the Nashville Chapter of the ACS.

Erwin Chemerinsky, Alston & Bird Professor of Law and Professor of Political Science, joined theDuke faculty after 21 years at the University of Southern California Law School, where he was theSydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. Before thathe was a professor at DePaul College of Law and practiced law with the United States Departmentof Justice, and at Dobrovir, Oakes & Gebhardt in Washington, D.C. He received his B.S. fromNorthwestern University and J.D. from Harvard Law School. Author of four books and over 100law review articles, Professor Chemerinsky writes a regular column on the Supreme Court forCalifornia Lawyer, Los Angeles Daily Journal, and Trial Magazine, and is a frequent contributor to

C O N F E R E N C E P A R T I C I P A N T S

newspapers and other magazines. In April 2005, he was named by Legal Affairs as one of “the top20 legal thinkers in America.” He has received numerous awards for his contributions to civilliberties and public service. He has argued many appellate cases and has testified many timesbefore congressional and state legislative committees.

Peggy Cooper Davis, John S. R. Shad Professor of Lawyering and Ethics and Director, LawyeringProgram, joined the New York University School of Law faculty in September 1982, after havingserved for three years as a judge of the Family Court of the State of New York and having engaged,during the preceding ten years, in the practice and administration of law. Her scholarly work hasbeen influential in the areas of child welfare, constitutional rights of family liberty, legal pedagogy,and interdisciplinary analysis of legal process. Her 1997 book, Neglected Stories: The Constitutionand Family Values, illuminated the importance of antislavery traditions as interpretive guides to themeaning of the Fourteenth Amendment. As a co-founder of the Lawyering Theory Colloquium,she has been among the pioneers in scholarly study of law “in use” by practitioners, judges, andclaimants. She received her J.D. from Harvard Law School and her undergraduate education atWestern College for Women and Barnard College.

Barry Friedman is the Jacob D. Fuchsberg Professor of Law at New York University School ofLaw. He has written extensively in constitutional theory, judicial behavior, and federal courts. Heis the co-editor of (and contributor to) the recent book, Judicial Independence at the Crossroads: AnInterdisciplinary Approach. Professor Friedman is a frequent participant at legal history and politicalscience conferences, as well as those in law. He also is a convener of the Annual ConstitutionalTheory Conference. He has been a visiting scholar at the Rockefeller Foundation Study andConference Center in Bellagio, Italy. Professor Friedman has engaged in a range of serviceactivities, including extensive involvement with the American Judicature Society. He currentlyserves on the Steering Committee of New York University’s Institute for Law and Society, and asDirector of the Furman Program, devoted to preparing young scholars for academic careers.

Doni Gewirtzman is currently the Vanderbilt Fellow in Law at Vanderbilt Law School. Prior tohis arrival in Nashville, Professor Gewirtzman served as the co-Associate Director and ActingAssistant Professor of Law at New York University’s Lawyering Program. After graduating fromBoalt Hall in 1998, he began his legal career as a Skadden Fellow at Lambda Legal Defense andEducation Fund, and later joined the litigation department at Paul, Weiss, Rifkind, Wharton andGarrison in New York. His most recent article, Glory Days: Popular Constitutionalism, Nostalgia,and the True Nature of Constitutional Culture, was published in the March 2005 edition of theGeorgetown Law Journal.

Howard Gillman is Professor of Political Science and Associate Vice Provost for ResearchAdvancement at the University of Southern California; he also holds courtesy appointments in theDepartment of History and the Gould School of Law. He received his Ph.D. from UCLA in 1988and has been on the faculty at USC since 1990. He specializes in American constitutionaldevelopment and Supreme Court politics. His most recent book is The Votes that Counted: Howthe Court Decided the 2000 Presidential Election (2001). His first book, The Constitution Besieged:The Rise and Demise of Lochner Era Police Powers Jurisprudence (1993), received the C. HermanPritchett Award for “best book in public law.” He is currently co-editor of the book seriesCambridge Studies on the American Constitution and on the editorial board of the journal PoliticalResearch Quarterly. In 2005 he became an elected Trustee of the Law and Society Association; in2006 he was elected to chair the Law and Courts Section of the American Political ScienceAssociation. He has received a number of university and departmental awards for teachingexcellence and dedication to students, including the University’s highest recognition, the USCAssociates Award for Excellence in Teaching (2001). He was Chair of the Political ScienceDepartment before joining the Provost’s Office in 2005.


Robert Gordon is the Chancellor Kent Professor of Law and Legal History at Yale Law School. Hisareas of interest are contracts, American legal history, evidence, the legal profession, and law andglobalization. Prior to coming to Yale, he taught at The University of Wisconsin and Stanford.Professor Gordon has an A.B. and J.D. from Harvard.

Michael S. Greve is the John G. Searle Scholar at the American Enterprise Institute inWashington, D.C. where he directs the AEI Federalism Project. His research and writing coverAmerican federalism and its legal, political, and economic dimensions. His publications includenumerous law review articles and books, most recently including Sell Globally, Tax Locally: Sales TaxReform for the New Economy (AEI, 2003); and Harm-less Lawsuits? What’s Wrong With ConsumerClass Actions (AEI, 2005). His current project is a book on the constitutional foundations ofcompetitive federalism. He is also editing, with Richard A. Epstein, a volume on the law andeconomics of federal preemption. Dr. Greve earned his Ph.D. in Government from CornellUniversity in 1987. He co-founded and, from 1989 to 2000, directed the Center for IndividualRights (CIR), a public interest law firm. CIR served as counsel in many precedent-settingconstitutional cases, including United States v. Morrison (2000) and Rosenberger v. University ofVirginia (1995). He currently serves on the Board of Directors of the Competitive EnterpriseInstitute.

Deborah Hellman is Professor, University of Maryland School of Law, and Visiting SeniorResearch Scholar, Center for Philosophy and Public Policy, Univ. of MD. She received her B.A.from Dartmouth College; M.A. (Philosophy) from Columbia University; and J.D. from HarvardLaw School. She is currently at work on a book articulating a theory of discrimination, exploringunder what circumstances legal distinctions among people are wrong. She also writes in the field ofBioethics, focusing particularly on the ethical issues arising from clinical medical research.Professor Hellman has been a Fellow at the Woodrow Wilson International Center for Scholars andthe Eugene P. Beard Faculty Fellow in Ethics at the Edmond J. Safra Center for Ethics at HarvardUniversity. In addition, she was awarded a National Endowment for the Humanities Fellowshipfor University Teachers in 1999. She has served as a member of the NIH Review Panel, TheEthical Legal Social Implications Review Committee, GEON-E (1998-2002).

Pamela S. Karlan is the Kenneth and Harle Montgomery Professor of Public Interest Law atStanford Law School and co-director of the school’s Supreme Court Litigation Clinic. She receivedher B.A., M.A. (history), and J.D. from Yale. She clerked for Judge Abraham Sofaer (S.D.N.Y.)and Justice Harry Blackmun before serving as assistant counsel at the NAACP Legal Defense andEducational Fund, where she specialized in voting rights and employment discrimination litigation.From 2003 to 2005, she served as a member of the California Fair Political Practices Commission.Professor Karlan’s primary scholarly interests involve constitutional law and litigation, voting rights,and criminal procedure. She is the co-author of several leading casebooks, including ConstitutionalLaw (5th ed. 2005), The Law of Democracy: Legal Structure of the Political Process (rev 2nd ed.2001), and Civil Rights Actions: Enforcing the Constitution (2000), as well as dozens of scholarlyarticles. Professor Karlan has participated in extensive pro bono litigation, and has recently beenactive in the efforts to extend and amend the Voting Rights Act of 1965. On the basis of herearlier voting rights work, the American Lawyer named her one of its Public Sector 45, a group ofyoung lawyers “actively using their law degrees to change lives.”

Edward P. Lazarus, a partner at the law firm of Akin, Gump, Strauss, Hauer, & Feld LLP, receivedhis B.A. summa cum laude in 1981 and his J.D. in 1987 from Yale University, where he was noteeditor of the Yale Law Journal. He served as a law clerk to the honorable William A. Norris onthe U.S. Court of Appeals for the 9th Circuit, and thereafter to Associate Justice Harry A.Blackmun on the U.S. Supreme Court. Before entering private practice, Mr. Lazarus served as anassistant U.S. attorney for the Central District of California, where he was a member of the


Criminal Appeals Section. Mr. Lazarus is the author of two highly acclaimed books: BlackHills/White Justice: The Sioux Nation Versus the United States, 1775 to the Present and ClosedChambers: The Rise, Fall, and Future of the Modern Supreme Court. His writing has also appeared inThe Atlantic Monthly, U.S. News & World Report, The New York Times, The Washington Post, The LosAngeles Times and The Chicago Tribune. Mr. Lazarus was the recipient of a fellowship to Yale LawSchool and named the first Harry A. Blackmun fellow at the Aspen Institute. In addition tofrequent lecturing, he has taught at the University of California, Davis, the Cardozo School ofLaw, and Loyola Law School. Mr. Lazarus also serves on several boards of directors, including theboard of directors of Public Counsel, the nation’s largest public interest law firm.

Marty Lederman, Visiting Professor of Law at Georgetown University Law Center, received hisA.B. from the University of Michigan and his J.D. from Yale. Professor Lederman was an AttorneyAdvisor in the Department of Justice’s Office of Legal Counsel from 1994 to 2002. Before that, hewas an attorney at Bredhoff & Kaiser, where his practice consisted principally of federal litigation,including appeals. Most recently, he has been in private practice specializing in constitutional andappellate litigation. He regularly contributes to the weblogs "SCOTUSblog" and "Balkinization,"on matters that include Executive power, detention, interrogation and torture. He served as lawclerk to then-Chief Judge Jack B. Weinstein, of the United States District Court for the EasternDistrict of New York, and to Judge Frank M. Coffin, on the United States Court of Appeals for theFirst Circuit.

Stefanie Lindquist is Associate Professor of Political Science and Law at Vanderbilt University,holding both the J.D. and Ph.D. (Political Science). She clerked for Chief Judge Anthony Scirica ofthe U.S. Court of Appeals for the Third Circuit, served as a research associate at the Federal JudicialCenter, and practiced law at Latham and Watkins in Washington, D.C. As an academic, she haspublished on the politics of judicial decision making. Her recent book, Judging on a CollegialCourt (authored with Virginia Martinek), was published be the University of Virginia Press in2006.

William P. Marshall, Kenan Distinguished Professor at the University of North Carolina, joinedUNC – Chapel Hill as a permanent member of the faculty in spring 2001. He received his lawdegree from the University of Chicago and his undergraduate degree at the University ofPennsylvania. Professor Marshall served as Deputy Assistant to the President of the United Statesduring the Clinton Administration, where he worked on issues ranging from freedom of religion toseparation of powers. He has published extensively on constitutional law issues and is a nationallyrecognized First Amendment scholar. He is also a leading expert on federal judicial selectionmatters and on the interrelationship between media, law, and politics. He teaches Media Law, CivilProcedure, Constitutional Law, First Amendment, Federal Courts, and The Law of the Presidency.

John O. McGinnis is Professor of Law at Northwestern University School of Law, having movedthere from Cardozo Law School in the spring of 2002. He earned his B.A. and J.D. from HarvardUniversity, and his M.A. from Oxford University. He clerked for the Honorable Kenneth W. Starr,U.S. Court of Appeals for the District of Columbia Circuit. From 1987 to 1991, ProfessorMcGinnis was deputy assistant attorney general in the Office of Legal Counsel at the Departmentof Justice. He recently was appointed to the advisory committee on NAFTA and labor standards.The Office of the U.S. Trade Representatives also has added him to the roster of Americans whocan be appointed as panelists to resolve World Trade Organization disputes. He teachesInternational Trade and Constitutional Law.

Judge Theodore McKee, of the U.S. Court of Appeals for the Third Circuit, is the fourth African-American to serve on the Third Circuit bench. He graduated magna cum laude from SyracuseUniversity College of Law and from the State University of New York at Cortland. He began hislegal career in Philadelphia at Wolf, Block, Schorr & Solis-Cohen, before becoming an Assistant


U.S. Attorney for the Eastern District of Pennsylvania, then Deputy City Solicitor in theadministration of then-Mayor William Green, and then General Counsel to the PhiladelphiaParking Authority. He sat as a judge of the Court of Common Pleas for over 11 years, where hebecame the first African American assigned to the Orphans’ Court, and served on the PennsylvaniaSentencing Commission, where he chaired a subcommittee charged with reexaminingPennsylvania’s sentencing guidelines. Judge McKee serves on the boards of directors of several nonprofit institutions. He was a member of the Third Circuit Task Force on Equal Treatment in theCourts, and co-chaired the Commission on Racial and Ethnic Bias of the Task Force. He is aTrustee of Temple University, an Advisor to the American Law Institute’s Committee on Revisingthe Model Penal Code, a member of the ABA Commission on Effective Criminal Sanctions, and amember of the Advisory Committee to the Congressional Commission to Commemorate the250th Anniversary of the Birth of James Madison. Rutgers University College of Law awarded himits annual Mary Philbrook Public Interest Award, and he has received an Honorary Doctorate ofHumane Letters from the Trustees of the State University of New York.

Judge Gilbert S. Merritt (B.A. Yale University 1957; L.L.B. Vanderbilt University 1960; L.L.M.Harvard University 1962) sits on the U.S. Court of Appeals for the Sixth Circuit. From 1989-96,he was Chief Judge of that Court. He was Chairman of the Executive Committee of the JudicialConference of the United States from 1994-96, and Chairman of the Ad Hoc Committee onInternational Judicial Relations for two years. During his years of private practice with Boult, Hunt,Cummins & Connors and Gullett, Steele, Sanford, Robinson & Merritt, he specialized in federal,civil and criminal litigation. Judge Merritt was Assistant Dean at Vanderbilt University Law Schoolfrom 1960-61 and also a professor here in 1969-70. He lectured part-time for 13 years. He hasheld the position of United States Attorney for the Middle District of Tennessee, and ExecutiveSecretary for the Tennessee Code Commission. He has a distinctive list of published works. JudgeMerritt has spent time working with judicial systems in Russia, India, Hungary and the CzechRepublic. Recently, the U.S. Justice Department asked Judge Merritt to be a part of a select team oflegal experts to act as advisors concerning the restoration of Iraq’s judicial system.

Frank Michelman is the Robert Walmsley University Professor at Harvard, where he has taughtsince 1963. He is the author of Brennan and Democracy (1999) and has published widely in thefields of constitutional law and theory, property law and theory, local government law, andjurisprudence. Professor Michelman is a past president of the American Society for Political andLegal Philosophy and a fellow of the American Academy of Arts and Sciences. He is a member ofthe board of directors of the United States Association of Constitutional Law and the NationalAdvisory Board of the American Constitution Society. He maintains an active interest in SouthAfrican constitutionalism He has also attended and provided papers for several conferences oncomparative constitutionalism in Europe and Israel, and the VI World Congress of theInternational Association of Constitutional Law in Santiago de Chile. He is a member of theBoard of Editors of the International Journal of Constitutional Law (I-CON), and of the Board ofDirectors of the United States Association of Constitutional law. For the past few years, he hasregularly taught courses on general comparative constitutionalism and also on the South AfricanBill of Rights.

Andrew J. Pincus is a partner in the Washington, D.C., office of Mayer, Brown, Rowe & MawLLP, specializing in appellate litigation and public policy matters. He has argued fourteen casesbefore the Supreme Court of the United and filed briefs in more than 100 cases in that Court. Healso represents clients in a variety of public policy matters, including securities law, intellectualproperty, telecommunications, and other technology-related topics. Mr. Pincus served as GeneralCounsel of the United States Department of Commerce from 1997 to 2000. He was Assistant tothe Solicitor General at the United States Department of Justice from 1984-1988. He graduatedwith honors from Yale College and Columbia University School of Law.


Richard Primus, Professor of Law at the University of Michigan Law School, is the author of TheAmerican Language of Rights, in which he uses tools from the philosophy of language to examinehow the concept of rights has changed in response to different political conditions at differenttimes in American history. His work focuses on constitutional law, theory, and history, and he haswritten on democratic theory, equal protection, and the role of history in constitutionalinterpretation. His teaching interests include constitutional law, the law of employmentdiscrimination, and the history of legal thought. He has taught at the University of Tokyo,Columbia Law School and New York University School of Law. He graduated from HarvardCollege with an A.B., summa cum laude, in social studies. He then earned a D. Phil. in politics atOxford, where he was a Rhodes Scholar and the Jowett Senior Scholar at Balliol College. Primusthen attended Yale Law School, where his distinctions included the prize for the best oral argumentin the Morris Tyler Moot Court of Appeals. After graduating from law school, he clerked for JudgeGuido Calabresi on the Second Circuit and for U.S. Supreme Court Justice Ruth Bader Ginsburg.He then practiced law at the Washington, D.C. office of Jenner & Block, where his work includedvoting rights litigation.

Kermit Roosevelt is an Assistant Professor at the University of Pennsylvania Law School, where heteaches constitutional law and conflict of laws. He graduated from Harvard College and Yale LawSchool. After law school, he clerked for Judge Stephen F. Williams on the D.C. Circuit and JusticeDavid H. Souter on the Supreme Court. He also served as Resident Fellow of the Yale Law SchoolInformation Society Project. He came to Penn from Mayer, Brown, Rowe & Maw in Chicago,where he practiced law for two years at Mayer, Brown, Rowe & Maw in Chicago,. He is theauthor of numerous articles and several books, including the novel In the Shadow of the Law (FSG2005) and, most recently, The Myth of Judicial Activism (Yale University Press 2006).

Edward L. Rubin joined Vanderbilt Law School as Dean and the first John Wade–Kent SyverudProfessor of Law in July 2005. Dean Rubin is the author of numerous books, articles and chapters,including two volumes published in 2005, Beyond Camelot: Rethinking Politics and Law for theModern State (Princeton University Press) and Federalism: A Theoretical Inquiry, co-authored withlong-time collaborator Malcolm Feeley. Dean Rubin previously served as the Theodore K. Warner,Jr., Professor of Law at the University of Pennsylvania Law School. He had previously taught atBoalt Hall School of Law at the University of California, Berkeley, where he had also served as anassociate dean for three years. After earning his law degree from Yale in 1979, Dean Rubin clerkedfor Judge Jon O. Newman of the U.S. Second Circuit Court of Appeals and was an associate withthe law firm of Paul, Weiss, Rifkind, Wharton & Garrison in New York, where he practicedentertainment law. Early in his career, he served as a curriculum planner with the New York CityBoard of Education. Dean Rubin has been a consultant to the Asia Foundation Project on theAdministrative Licensing Law for the People’s Republic of China, the Russian Privatization Centerand to the United Nations Development Programme.

Robin L. West is Professor of Law at the Georgetown University Law Center, where she teachesJurisprudence, Contracts, Torts, Feminist Legal Theory, and Law and Literature. She has recentlypublished Re-imagining Justice: Progressive Interpretations of Formal Equality, Rights, and the Rule ofLaw with Ashgate Press and “Tom Paine’s Constitution” in the Virginia Law Review. She haswritten extensively on constitutional law and jurisprudence. She moved to Georgetown from theUniversity of Maryland Law School, where she taught from 1986-1991. She has been a visitingprofessor at the University of Chicago and Stanford Law Schools. She also taught at Cleveland-Marshall College of Law at Cleveland State University, from 1982-1985. She received a B.A. andJ.D. from the University of Maryland, and a J.S.M. from Stanford. Professor West has writtenextensively on gender issues and feminist legal theory, constitutional law and theory, jurisprudence,legal philosophy, and law and literature.


Keith E. Whittington is William Nelson Cromwell Professor of Politics at Princeton University.He is the author of Constitutional Construction: Divided Powers and Constitutional Meaning andConstitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review, and editor (withNeal Devins) of Congress and the Constitution. He has published widely on American constitutionaltheory and development, federalism, judicial politics, and the presidency. He is the author of theforthcoming Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, andConstitutional Leadership in U.S. History, and editor (with R. Daniel Kelemen and Gregory A.Caldeira) of the forthcoming Oxford Handbook of Law and Politics. He has been a John M. OlinFoundation Faculty Fellow and American Council of Learned Societies Junior Faculty Fellow, and aVisiting Scholar at the Social Philosophy and Policy Center, and a Visiting Professor at theUniversity of Texas School of Law.

Christopher S. Yoo is Professor of Law at the Vanderbilt Law School, where he also serves as theDirector of the Program on Technology and Entertainment Law. He has written widely in the areaof law and technology, focusing on how the First Amendment and economic theories of imperfectcompetition shape technology policy. He is the co-author of a book entitled, Networks inTelecommunications: Economics and Law, which is forthcoming from the Cambridge UniversityPress. He is also the co-author of a comprehensive assessment of the history of Presidential controlover the administration of the law, which is forthcoming from the Yale University Press. Prior tojoining the Vanderbilt faculty in 1999, Professor Yoo clerked for Justice Anthony M. Kennedy ofthe Supreme Court of the United States and Judge A. Raymond Randolph of the U.S. Court ofAppeals for the D.C. Circuit. He also practiced with the law firm of Hogan & Hartson inWashington, D.C., under the supervision of now-Chief Justice John G. Roberts, Jr. He recentlytestified before the Senate Judiciary Committee regarding the proper use of Presidential signingstatements and appeared on the NewsHour with Jim Lehrer discussing the same topic. Last spring,he served as a Visiting Professor at the University of Pennsylvania Law School.


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