______NELSON LUND ___ Antonin Scalia Law School George Mason University 3301 Fairfax Drive Arlington, Virginia 22201 Office Phone: 703/993-8045 Home Phone: 703/250-1218 E-Mail: [email protected] Homepage: www.law.gmu.edu/faculty/directory/fulltime/lund_nelson

WORK

Antonin Scalia Law School George Mason University University Professor

Patrick Henry Professor of Constitutional Law and the Second Amendment, 2003-2013 Vice Dean, 2006-2007 Foundation Professor of Law, 2002-2003 Acting Associate Dean for Academic Affairs, 1996-1998 Professor of Law, 1995-2002 Associate Professor of Law, 1992-1995

Supreme Court Economic Review Co-Editor, 1994-1998, 2000-2001 Consulting Editor, 1998-2000 Executive Editor, 1992-1994

The White House Associate Counsel to the President, 1989-1992

Honorable Sandra Day O’Connor United States Supreme Court Law Clerk, O.T. 1987

Office of Legal Counsel United States Department of Justice Attorney-Advisor, 1986-1987 Page 2 of 48

Honorable Patrick E. Higginbotham United States Court of Appeals for the Fifth Circuit Law Clerk, 1985-1986

Office of the Solicitor General United States Department of Justice Summer Intern, 1985

Reuben & Proctor (now defunct) Chicago, Illinois Summer Associate, 1984

Mid-America Legal Foundation Chicago, Illinois Summer Intern, 1983

University of Chicago Humanities Collegiate Division William Rainey Harper Instructor, 1981-1982

PUBLIC SERVICE

Appellate Evaluation Committee Supreme Court of Virginia 2017-present

Commission on Federal Election Reform Jimmy Carter and James A. Baker, III, co-chairs Commission Member, 2005

Center for Legal and Judicial Studies Heritage Foundation Legal Advisory Board, 2001-present

Virginia Institute for Public Policy Board of Scholars, 2000-present

Journal of Law and Politics Board of Academic Advisors, 2001-present Page 3 of 48

Federalist Society for Law & Public Policy Studies Executive Committee, Civil Rights Practice Group, 1997-present Chairman, Second Amendment Subcommittee

Governor’s Advisory Council on Self-Determination and Federalism Commonwealth of Virginia, 1994-1996

SCHOOLING

University of Chicago Law School J.D. Cum laude 1985 Order of the Coif Executive Editor, University of Chicago Law Review Chapter Chairman, Federalist Society for Law & Public Policy

Harvard University Ph.D. (Political Science) 1981 A.M. (Political Science) 1979

Catholic University of America, School of Philosophy M.A. (Philosophy) 1978

St. John’s College, Annapolis, Maryland B.A. Magna cum laude (Liberal Arts) 1974

PUBLICATIONS

Constitutional Interpretation

“Forward,” A Constitutional Journey in America, ed. Lénárd Sándor (forthcoming)

The Destructive Legacy of McCulloch v. Maryland, in McCulloch v. Maryland at 200, Gary J. Schmitt and Rebecca Burgess, editors (2020) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3436876

The Mythical McCulloch, 21 Federalist Society Review 18 (2020) https://fedsoc.org/commentary/publications/the-mythical-mcculloch https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3542548 Page 4 of 48

“The Destructive Legacy of McCulloch v. Maryland,” Library of Law and Liberty, March 1, 2019 https://www.lawliberty.org/liberty-forum/the-destructive-legacy-of-mccullo ch-v-maryland/

Reply to critics: https://www.lawliberty.org/liberty-forum/nelson-lund-replies-to-his-mccull och-critics/

Antonin Scalia and the Dilemmas of Constitutional Originalism, 48 Perspectives on Political Science 7 (2018) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2880578

Judicial Supremacy: Palladium of Liberty or Academic Paradox?, 31 Constitutional Commentary 101 (2018) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3156328

The Corruption of Constitutional Conservatism, Claremont Review of Books Digital, February 29, 2016 http://www.claremont.org/crb/basicpage/the-corruption-of-constitutional-co nservatism/

Living Originalism: The Magical Mystery Tour, 3 Texas A&M Law Review 31 (2015) papers.ssrn.com/sol3/papers.cfm?abstract_id=2570507

The Port Preference Clause, The Heritage Guide to the Constitution, David F. Forte and Matthew Spalding, eds. (Regnery, rev. 2d ed. 2014)

The Uniformity Clause, The Heritage Guide to the Constitution, David F. Forte and Matthew Spalding, eds. (Regnery, rev. 2d ed. 2014)

An Examination of Substantive Due Process and Judicial Activism, 17 Texas Review of Law & Politics 315 (2013)

J. Harvie Wilkinson III’s Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance, 14 Engage: The Journal of the Federalist Society’s Practice Groups No. 2, at 100-04 (July 2013)

Stare Decisis and Originalism: Judicial Disengagement from the Supreme Court’s Errors, 19 George Mason Law Review 1029 (2012) Page 5 of 48

papers.ssrn.com/sol3/papers.cfm?abstract_id=2033946

Judicial Review and Judicial Duty: The Original Understanding (book review), 26 Constitutional Commentary 169 (2009) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1498754

Is Constitution Day Constitutional?, 9 Green Bag 2d 247 (2006) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=893903

The Port Preference Clause, The Heritage Guide to the Constitution, Matthew Spalding and David Forte, eds. (Regnery 2005)

The Uniformity Clause, The Heritage Guide to the Constitution, Matthew Spalding and David Forte, eds. (Regnery 2005)

Roe v. Wade & Bush v. Gore: Making Judicial Activism “Mainstream,” National Review Online, May 19, 2003 http://www.nationalreview.com/comment/comment-lund051903.asp

Reprinted: 29 Human Life Review No. 2, Spring, 2003, at 99

Congressional Power over Taxation and Commerce: The Supreme’s Court Lost Chance to Devise a Consistent Doctrine, 18 Texas Tech Law Review 729 (1987)

The Uniformity Clause, 51 University of Chicago Law Review 1193 (1984)

Federalism and Separation of Powers

The Constitutionality of Immigration Sanctuaries and Anti-Sanctuaries: Originalism, Current Doctrine, and a Second-Best Alternative, 21 University of Pennsylvania Journal of Constitutional Law 991 (2019) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3302818

In Defense of Presidential Signing Statements, in Debating the Presidency, Richard J. Ellis & Michael Nelson, eds. (4th ed., 2017)

In Defense of Presidential Signing Statements, in Debating the Presidency, Richard J. Ellis & Michael Nelson, eds. (3d ed. 2015)

The Foundations of the U.S. Judiciary (with Eugene Meyer), in Tea Party Patriots: The Second American Revolution, Mark Meckler & Jenny Beth Martin, eds. (Henry Page 6 of 48

Holt, 2012) papers.ssrn.com/sol3/papers.cfm?abstract_id=2005348

Judicial Independence, Judicial Virtue, and the Political Economy of the Constitution, 35 Harvard Journal of Law & Public Policy 47 (2012) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1870388

Judicial Duty and the Supreme Court’s Cult of Celebrity (with Craig S. Lerner), 78 George Washington Law Review 1255 (2010) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1518046

In Defense of Presidential Signing Statements, in Debating the Presidency, Richard J. Ellis and Michael Nelson, eds. (2d ed. 2009)

The Cult-ivation of Executive Power (book review), 11 Green Bag 2d 513 (2008) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1139108

Presidential Signing Statements in Perspective, 16 William & Mary Bill of Rights Journal 95 (2007) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=995930

ABAndoning the Constitution, (with Craig S. Lerner), National Review Online, August 10, 2006 http://mason.gmu.edu/~nlund/Pubs/NatlRevOnlineSigningStatements.pdf

Precedent Bound? (with Craig S. Lerner), National Review Online, March 6, 2006 http://mason.gmu.edu/~nlund/Pubs/NatlRevOnlineLund&Lerner.pdf

Fig Leaf Federalism and Tenth Amendment Exceptionalism, 22 Constitutional Commentary 11 (2005) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=700386

Putting Federalism to Sleep: The Wrong Way to Argue Against Assisted Suicide, The Weekly Standard, October 31, 2005

Supreme Choice . . . With Encore, Washington Times, September 23, 2005, at A21

Federalism and the Constitutional Right to Keep and Bear Arms, 33 Publius: The Journal of Federalism, No. 3, at 63 (Summer 2003)

Politicians in Robes: The Supreme Court’s Smoke Filled Room, Virginia Viewpoint, Page 7 of 48

Virginia Institute for Public Policy (August, 2003)

Why Ashcroft is Wrong on Assisted Suicide, Commentary (Feb. 2002), at 50 and response to critics, Commentary (May 2002), at 12

Executive Power and Governmental Attorney-Client Privilege: The Clinton Legacy (with Douglas R. Cox), 17 Journal of Law & Politics 631 (2001) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=358802

Why Ray Made the Deal: The Self-Pardon Card, National Review Online, January 20, 2001 https://web.archive.org/web/20010128162400/http:/www.nationalreview.co m/comment/commentprint012001g.html

Judicial Management of the Separation of Powers: Recent Trends, in B. Wilson & K. Masugi, eds., The Supreme Court and American Constitutionalism (Rowman & Littlefield, 1997)

Federalism and Civil Liberties, 45 University of Kansas Law Review 1045 (1997)

The Mandate Hoax of 1995, National Review, Nov. 27, 1995, at 52

Political Science and Political Weapons, 11 Journal of Law & Politics 537 (1995)

Lawyers and the Defense of the Presidency, 1995 Brigham Young University Law Review 17

Guardians of the Presidency: The Office of the Counsel to the President and the Office of Legal Counsel, in C. Clayton, ed., Government Lawyers: The Federal Legal Bureaucracy and Presidential Politics (University of Kansas Press, 1995)

Rational Choice at the Office of Legal Counsel, 15 Cardozo Law Review 437 (1993)

Second Amendment and Firearms Regulation

The Right to Bear Firearms is Part of the American Constitutional Culture, in A Constitutional Journey in America, ed. Lénárd Sándor (forthcoming)

The Future of the Second Amendment in a Time of Lawless Violence, Northwestern University Law Review (forthcoming) Page 8 of 48

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3701185

The Second Amendment and the War on Guns, in Why We Are Losing the War on Gun Violence, Marie L. Crandall, Woodie Kessel, Jennifer L. Bronson, and Stephanie L. Bonne, editors (forthcoming) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3434630

Like Scalia, Amy Coney Barrett Shares on ‘Originalist’ View on the Second Amendment, The Hill, October 14, 2020 https://thehill.com/opinion/judiciary/521004-like-scalia-amy-coney-barrett- shares-an-originalist-view-on-second#bottom-story-socials

The Proper Role of History and Tradition in Second Amendment Jurisprudence, 30 University of Florida Journal of Law and Public Policy 171 (2020) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3454594

“The Second Amendment in an International Context,” a conversation with Lénárd Sándor, precedens.maninder.hu (July 3, 2019) https://precedens.mandiner.hu/cikk/20190702_the_pressure_to_standardize _constitutions_around_the_world_is_a_pernicious_assault_on_national_aut onomy_and_individual_freedom_conversation_with_professor_nelson_lund

“Forward,” Stephen P. Halbrook’s The Founders’ Second Amendment: Origins of the Right to Bear Arms (2019)

The Right to Keep and Bear Arms in the Roberts Court, in Christopher P. Banks, ed., American Federalism and Public Policy (Routledge, 2018) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3038923

Fourth Circuit Shootout: “Assault Weapons” and the Second Amendment, 24 George Mason Law Review 1233 (2017) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3029650

Bret Stephens’ Fetishism for Gun Control, Library of Law and Liberty, October 9, 2017 http://www.libertylawsite.org/2017/10/09/bret-stephens-fetishism-for-gun-c ontrol/

A Second Amendment Right to Be Negligent? (with Stephen G. Gilles), 68 Florida Law Review Forum 79 (2016) http://www.floridalawreview.com/forum/volume-68/ Page 9 of 48

The Right to Arms and the American Philosophy of Freedom, First Principles: Foundational Concepts to Guide Politics and Policy, No. 62, Heritage Foundation (Oct. 17, 2016) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2805105

Time for Conservative Intellectuals to Get Comfortable with the Right to Bear Arms, The Daily Signal, Oct. 17, 2016 http://dailysignal.com/2016/10/17/time-for-conservative-intellectuals-to-get -comfortable-with-the-right-to-bear-arms/

Promise and Perils in the Nascent Jurisprudence of the Second Amendment, 14 Georgetown Journal of Law & Public Policy 207 (2016) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2675323

The University Police Can’t Prevent Violent Crimes, Room for Debate, New York Times, May 31, 2016 http://www.nytimes.com/roomfordebate/2016/05/31/should-guns-be-permit ted-on-college-campuses/the-university-police-cant-prevent-violent-crimes

Public Opinion and the Second Amendment, 5 Journal of Law (4 Journal of Legal Metrics) 85 (2015) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2658316

Not a Second Class Right: The Second Amendment Today, National Constitution Center Interactive Constitution, cosponsored by the Federalist Society for Law & Public Policy Studies, the American Constitution Society, and the National Constitution Center (2015) http://constitutioncenter.org/interactive-constitution/amendments/amendme nt-ii/not-a-second-class-right-the-second-amendment-today-nelson-lund/int erp/2

The Second Amendment and the Right to Arms (with Adam Winkler), National Constitution Center Interactive Constitution, cosponsored by the Federalist Society for Law & Public Policy Studies, the American Constitution Society, and the National Constitution Center (2015) http://constitutioncenter.org/interactive-constitution/amendments/amendme nt-ii

The Second Amendment, The Heritage Guide to the Constitution, David F. Forte and Matthew Spalding, eds. (Regnery, rev. 2d ed. 2014) Page 10 of 48

The Second Amendment and the Inalienable Right to Self-Defense, First Principles Series Report # 16, The Heritage Foundation (April 17, 2014) www.heritage.org/research/reports/2014/04/the-second-amendment-and-the -inalienable-right-to-self-defense

Insurance as Gun Control? (with Stephen G. Gilles), 36 Regulation: The Cato Review of Business and Government, No. 3, at 38-43 (Fall 2013)

Obama Administration Announces Progress on Executive Action on Guns, Executive Branch Review, A Project of the Practice Groups of the Federalist Society, June 18, 2013 www.executivebranchproject.com/guest-post-obama-administration-announ ces-progress-on-executive-action-on-guns/

Mandatory Liability Insurance for Firearm Owners: Design Choices and Second Amendment Limits (with Stephen G. Gilles), 14 Engage: The Journal of the Federalist Society’s Practice Groups No. 1, at 18 (Feb. 2013) www.fed-soc.org/doclib/20130701_LundGillesLiabilityIns.pdf

Second Amendment Standards of Review in a Heller World, 39 Fordham Urban Law Journal 1217 (2012) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2022011

No Conservative Consensus Yet: Douglas Ginsburg, Brett Kavanaugh, and Diane Sykes on the Second Amendment, 13 Engage: The Journal of the Federalist Society’s Practice Groups No. 2, at 30 (Sept. 2012) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2071273

Two Faces of Judicial Restraint (Or Are There More?) in McDonald v. Chicago, 63 Florida Law Review 487 (2011) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1658198

Thomas’ Concurrence on the Privileges or Immunities Clause, SCOTUSblog, June 28, 2010 http://www.scotusblog.com/2010/06/mcdonald-thomas-concurrence-on-priv ileges-or-immunities/

The Second Amendment and the States: McDonald v. City of Chicago, Bill of Rights Course Materials, 2010 TexasBarCLE

Does the Fourteenth Amendment Protect the Second Amendment Right to Keep and Page 11 of 48

Bear Arms Against Infringement by State and Local Governments?, 37 Preview of United States Supreme Court Cases, No. 5, at 214-16 (February 22, 2010)

District of Columbia v. Heller, in The Oxford Guide to United States Supreme Court Decisions, Kermit L. Hall, James B. Ely Jr., & Joel B. Grossman, eds. (2d ed. 2009)

Heller and Nonlethal Weapons (with Craig Lerner), 60 Hastings Law Journal 1387 (2009) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1421486

Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III (with David B. Kopel), 25 Journal of Law & Politics 1 (2009) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1309714

Judge Sotomayor and the Second Amendment, Real Clear Politics, July 12, 2009, http://www.realclearpolitics.com/articles/2009/07/12/sotomayor_and_the_second_ amendment_97420.html

The Second Amendment, Heller, and Originalist Jurisprudence, 56 UCLA Law Review 1343 (2009) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1324757

Reprinted: Saul Cornell & Nathan Kozuskanich, eds. The Second Amendment on Trial: Critical Essays on District of Columbia v. Heller 148 (U. Mass. Press, 2013)

Heller and Second Amendment Precedent, 13 Lewis and Clark Law Review 335 (2009) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1235537

Anticipating Second Amendment Incorporation: The Role of the Inferior Courts, 59 Syracuse Law Review 185 (2008) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1239422

The Second Amendment and Original Meaning Jurisprudence, 35 Preview of United States Supreme Court Cases, No. 8, at 392-96 (August 11, 2008)

Right from the Start (book review), National Review, Aug. 18, 2008, at 50

District of Columbia v. Heller, Federalist Society Online Debate Series, June 27-30, 2008, http://www.fed-soc.org/debates/dbtid.21/default.asp Page 12 of 48

Does the Second Amendment Guarantee a Right of Individuals to Keep Operable Firearms in Their Homes for Self-Protection?, 35 Preview of United States Supreme Court Cases, No. 6, at 252-56 (March 17, 2008)

The Second Amendment Comes Before the Supreme Court: The Issues and the Arguments, Heritage Foundation WebMemo No. 1851, March 14, 2008 http://www.heritage.org/Research/LegalIssues/upload/wm_1851.pdf

D.C.’s Handgun Ban and the Constitutional Right to Arms: One Hard Question?, 18 George Mason University Civil Rights Law Journal 229 (2008) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1021356

Right to Bear Arms, The Encyclopedia of Libertariansim 438-40, Ronald Hamowy ed. in chief (SAGE Publications 2008) https://www.libertarianism.org/encyclopedia/right-bear-arms

The Second Amendment Means . . . Response to Adam Freedman’s “Clause and Effect,” New York Times, December 19, 2007 at A32

Rearming: The D.C. Gun Ban Gets Overruled, National Review Online Symposium, March 12, 2007 http://article.nationalreview.com/?q=MzVlYTU4NmFmMzI3MDkxMzg0M jUwZDVmY2YxM2I5YmU

Have Gun, Can’t Travel: The Right to Arms under the Privileges and Immunities Clause of Article IV, 73 UMKC Law Review 951 (2005) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=828592

The Second Amendment, The Heritage Guide to the Constitution, Matthew Spalding and David Forte, eds. (Regnery 2005) http://www.heritage.org/constitution/#!/amendments/2/essays/142/to-keep-a nd-bear-arms

Putting the Second Amendment to Sleep (book review), 8 Green Bag 2d 101 (2004) http://www.greenbag.org/v8n1/v8n1_reviews_lund.pdf

Federalism and the Constitutional Right to Keep and Bear Arms, 33 Publius: The Journal of Federalism, No. 3, at 63 (Summer 2003)

Will Supreme Court Rule Correctly on Second Amendment?: Ninth Circuit Denies Page 13 of 48

Individual Right to Bear Arms, Human Events, January 6, 2003, at 18

A Primer on the Constitutional Right to Keep and Bear Arms, Policy Paper No. 7, Virginia Institute for Public Policy (June 2002) http://www.virginiainstitute.org/publications/primer_on_const.php

Second Amendment Victory: People Really Do Have a Right to Keep and Bear Arms, Interrogatory with Kathryn Jean Lopez, National Review Online, October 18, 2001

Outsider Views on Guns and the Constitution (book review), 17 Constitutional Commentary 701 (2000)

Taking the Second Amendment Seriously, The Weekly Standard, July 24, 2000, at 21

Firearms Litigation, Tort Liability, and the Second Amendment, 3 Civil Rights News No. 3, at 1 (E. L. Wiegand Practice Groups of the Federalist Society, Winter, 2000)

The Ends of Second Amendment Jurisprudence: Firearms Disabilities and Domestic Violence Restraining Orders, 4 Texas Review of Law & Politics 157 (1999)

Second Amendment Decision Breaks New Ground, 3 Civil Rights News No. 1, at 10 (E. L. Wiegand Practice Groups of the Federalist Society, Spring 1998)

Gunning Down Crime: The Statistics of Concealed Weapons (book review), The Weekly Standard, June 1, 1998, at 35

Firearms and Tort Law, 2 Litigation News No. 1, at 1 (E. L. Wiegand Practice Groups of the Federalist Society, Spring 1998)

The Past and Future of the Individual’s Right to Arms, 31 Georgia Law Review 1 (1996)

The Second Amendment, Political Liberty, and the Right to Self Preservation, 39 Alabama Law Review 103 (1987)

Reprinted: 2 Robert J. Cottrol, ed., Gun Control and the Constitution (Garland, 1993)

Civil Rights

Unleashed and Unbound: Living Textualism in Bostock v. Clayton County, 21 Page 14 of 48

Federalist Society Review 176 (2020). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668473&download=yes

Murders, Riots, and Liberal Education, Minding the Campus, June 11, 2020 https://www.mindingthecampus.org/2020/06/11/murders-riots-and-liberal-education/

Restoring the Rights of the Accused, Library of Law and Liberty, January 24, 2017 http://www.libertylawsite.org/2017/01/24/top-of-the-to-do-list-restoring-the -rights-of-the-accused/

Docs, Glocks, and ‘Gay Conversion Therapy’, FedSoc Blog, December 29, 2015 http://www.fed-soc.org/blog/detail/docs-glocks-and-gay-conversion-therapy

http://cnsnews.com/commentary/nelson-lund/docs-glocks-and-gay-conversi on-therapy

“Four Questions for Nelson Lund,” New York Times LiveBlog, June 26, 2013 projects.nytimes.com/live-dashboard/2013-06-26-supreme-court-gay-marria ge#sha=744b84ab9

A Social Experiment Without Science Behind It, Wall Street Journal, March 27, 2013

Same-Sex Marriage in the Courts of Law and Reason, SCOTUSblog, September 18, 2012 www.scotusblog.com/2012/09/same-sex-marriage-symposium-same-sex-m arriage-in-the-courts-of-law-and-reason/

Reprinted: 14 Engage: The Journal of the Federalist Society Practice Groups, No. 1, at 34-35 (February 2013)

Prop. 8 Judge Makes Strange Charge, San Francisco Chronicle, August 8, 2010, at E-5 http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/08/INEO1EOV73 .DTL

The Case against Boies-Olson: Wrong on the Law, and on Civilization, National Review Online, September 24, 2009 http://article.nationalreview.com/print/?q=MmI0NWU2ZTU4ZGJlNDUwY WZjNzI4MzFmZjYwMDA1MGY=

Rumsfeld v. Forum for Academic and Institutional Rights, in The Oxford Guide to Page 15 of 48

United States Supreme Court Decisions, Kermit L. Hall, James B. Ely Jr., & Joel B. Grossman, eds. (2d ed. 2009)

Justice Kennedy’s Stricter Scrutiny and the Future of Racial Diversity Promotion, 9 Engage: The Journal of the Federalist Society’s Practice Groups No. 3, at 16-22 (2008) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1139897

A Constitutional Right to Self Defense?, 2 Journal of Law, Economics & Policy 213 (2006) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=912277

Lawrence v. Texas and Judicial Hubris (with John O. McGinnis), 102 Michigan Law Review 1555 (2004) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=534343

The Rehnquist Court’s Pragmatic Approach to Civil Rights, 99 Northwestern University Law Review 249 (2004) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=559982

Racial Profiling and the War on Terrorism, 4 Engage: The Journal of the Federalist Society’s Practice Groups No. 2, at 14 (October, 2003) http://www.fed-soc.org/doclib/20080221_CivRightsLund.pdf

The Future of Racial Profiling in the War on Terrorism, 2 The CIP Report, No. 2, Aug. 2003, at 7

The Conservative Case Against Racial Profiling in the War on Terrorism, 66 Albany Law Review 329 (2003)

Illusions of Antidiscrimination Law, in Abigail Thernstrom & Stephan Thernstrom, eds., Beyond the Color Line: New Perspectives on Race and Ethnicity in America (Hoover Institution Press, 2002)

The Law of Affirmative Action in and after the Civil Rights Act of 1991: Congress Invites Judicial Reform, 6 George Mason Law Review 87 (1997)

The Constitution, the Supreme Court, and Racial Politics, 12 Georgia State Law Review 1129 (1996)

In Defense of Colorblindness (book review), Wall Street Journal, March 22, 1996, at Page 16 of 48

A10

Retroactivity, Institutional Incentives, and the Politics of Civil Rights, 1995 Public Interest Law Review 87

Reforming Affirmative Action: How to Restore the Law of Equal Treatment, Heritage Foundation Report to Congress (August 2, 1995)

Congressional Self-Exemption from the Employment Discrimination Laws: A Rational Choice Analysis of the Civil Rights Act of 1991, 54 Louisiana Law Review 1559 (1994)

Reprinted: The Civil Rights Act of 1991: A Symposium, Roger Clegg, ed. (National Legal Center for the Public Interest, 1994)

Election Law

From Baker v. Carr to Bush v. Gore, and Back, 62 Case Western Reserve University Law Review 947 (2012) papers.ssrn.com/sol3/papers.cfm?abstract_id=1981758

A Very Streamlined Introduction to Bush v. Gore, 23 St. Thomas Law Review 449 (2011) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1713464

May Lawyers Be Given the Power to Elect Those Who Choose Our Judges? “Merit Selection” and Constitutional Law, 34 Harvard Journal of Law & Public Policy 1043 (2011) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1707766

Jeffrey Toobin’s Shoddy Attack on Bush v. Gore, Bench Memos, December 2, 2010 http://www.nationalreview.com/bench-memos/254320/jeffrey-toobin-s-sho ddy-attack-ibush-v-gorei-nelson-lund

Bush v. Gore at the Dawning of the Age of Obama, 61 Florida Law Review 1001 (2009) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1513450

Bush v. Gore: The Question of Legitimacy (book review), 4 Engage: The Journal of the Federalist Society’s Practice Groups No. 1, at 154 (May, 2003) www.fed-soc.org/publications/detail/nelson-lund-reviews-bush-v-gore-the- Page 17 of 48

question-of-legitimacy-edited-by-bruce-ackerman

“EQUAL PROTECTION, MY ASS!”?: Bush v. Gore and Laurence Tribe’s Hall of Mirrors, 19 Constitutional Commentary 543 (2002) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=428164

Carnival of Mirrors: Professor Tribe’s “Unbearable Wrongness,” 19 Constitutional Commentary 609 (2002) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=428183

The Replacements, Wall Street Journal, October 12, 2002, at A12

Applying Law to the Political Process, 3 Engage: The Journal of the Federalist Society’s Practice Groups No. 2, at 24-26 (August 2002) www.fed-soc.org/doclib/20070913_ShowcasePanel22001LawCon.pdf

Response to Gary Rosen on “Bush v. Gore,” Commentary (March 2002), at 12

The Unbearable Rightness of Bush v. Gore, 23 Cardozo Law Review 1219 (2002) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=267874

The Unbearable Rightness of Bush v. Gore, in Arthur J. Jacobson & Michel Rosenfeld, eds., The Longest Night: Polemics and Perspectives on Election 2000 (University of California Press, 2002)

An Act of Courage, The Weekly Standard, December 25, 2000, at 19

Reprinted: Bush v Gore: The Court Cases and the Commentary, E.J. Dionne Jr. & William Kristol, eds. (Brookings Institution Press, 2001)

Travesty in Tallahassee, The Weekly Standard, December 18, 2000, at 17

Supreme Court’s Not the Last Word, New York Post, December 4, 2000, at 31

Courts Don’t Own the Law, New York Post, November 20, 2000, at 29

Jurisprudence and Political Philosophy

Rousseau’s Rejuvenation of Political Philosophy: A New Introduction (Palgrave Macmillan, 2016) Page 18 of 48

“Jean-Jacques Rousseau: Not a Nut, Not a Leftist, and Not an Irresponsible Intellectual,” Volokh Conspiracy, January 2, 2017

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/ 01/02/jean-jacques-rousseau-not-a-nut-not-a-leftist-and-not-an-irresp onsible-intellectual/?utm_term=.646bdc87f8eb

“Rousseau on Human Evolution: Vindicated by Modern Science,” Volokh Conspiracy, January 3, 2017

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/ 01/03/rousseau-on-human-evolution-vindicated-by-modern-science/? utm_term=.33f8c0db7130

“Rousseau and Plato on Dealing with Sexual Inequality,” Volokh Conspiracy, January 4, 2017

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/ 01/04/rousseau-and-plato-on-dealing-with-sexual-inequality/?utm_te rm=.a8324d93472d

“Rousseau on Nature, Marriage and Human Happiness,” Volokh Conspiracy, January 5, 2017

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/ 01/05/rousseau-on-nature-marriage-and-human-happiness/?utm_ter m=.da305555945c

“Rousseau: Radical Philosopher, Political Conservative,” Volokh Conspiracy, January 6, 2017

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/ 01/06/rousseau-radical-philosopher-political-conservative/?utm_term =.06244503d21f

A Woman’s Laws and a Man’s: Eros and Thumos in Rousseau’s Julie, or The New Heloise (1761) and The Deer Hunter (1978), 42 Interpretation: A Journal of Political Philosophy 367 (2016) papers.ssrn.com/sol3/papers.cfm?abstract_id=2186059

Greatness of Soul and the Souls of Women: Rousseau’s Use of Plato’s Laws in the Page 19 of 48

Letter to d’Alembert, 3 American Dialectic No. 1, pp. 1-43 (2013) www.americandialectic.org/volume-iii-2013/v3n1/greatness-of-soul-and-th e-souls-of-women-part-ii/

Greatness of Soul and the Souls of Women: Plato’s Laws as an Introduction to Rousseau’s Letter to d’Alembert, 2 American Dialectic No. 3, pp. 216-49 (2012) http://www.americandialectic.org/articles/volume-ii-2012/no-3-September/

Montesquieu, Judicial Degeneracy and the United States Supreme Court, in Holger Zaborowski ed., Natural Moral Law in Contemporary Society (Catholic University of America Press, 2010) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1344487

Philosophic Anthropology in Rousseau and Elizabeth Marshall Thomas, in Apples of Gold in Pictures of Silver: Honoring the Work of Leon R. Kass, ed. Yuval Levin, Thomas W. Merrill, and Adam Schulman, (Roman & Littlefield, 2010) papers.ssrn.com/sol3/papers.cfm?abstract_id=1691237

A Libertarian Constitution (book review), Claremont Review of Books, Vol. 5, No. 2 (Spring 2005), at 47 http://www.claremont.org/crb/article/a-libertarian-constitution/

Rousseau and Direct Democracy (with a Note on the Supreme Court’s Term Limits Decision), 13 Journal of Contemporary Legal Issues 459 (2004) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=442061

Capital Punishment in America (book review), 149 Public Interest 122 (Fall 2002)

Landmarks of Constitutional Interpretation (with Charles J. Cooper), 40 Policy Review 10 (1987)

Philosophy and Public Policy (book review), St. John’s Review (Autumn 1981)

Guardian Politics in ‘The Deer Hunter’ (1978), St. John’s Review (Winter 1981)

Bioethics

Putting Federalism to Sleep: The Wrong Way to Argue Against Assisted Suicide, The Weekly Standard, October 31, 2005

Why Ashcroft is Wrong on Assisted Suicide, Commentary (Feb. 2002), at 50 and Page 20 of 48

response to critics, Commentary (May 2002), at 12

Reprinted sub nom. The Federal Government’s Attempt to Ban Assisted Suicide Threatens Federalism: Assisted Suicide (Greenhaven Press, 2005)

Biology Takes On Its Own Form of Morality (correspondence), New York Times, June 5, 1998, at A18

Two Precipices, One Chasm: The Economics of Physician-Assisted Suicide and Euthanasia, 24 Hastings Constitutional Law Quarterly 903 (1997)

Down Kevorkian’s Slope (book review), The Weekly Standard, July 28, 1997, at 34

Assisted Suicide is Death Knell to Doctor Ethics, Insight Magazine, at 30 (Feb. 10, 1997)

Courting Death: Assisted Suicide, Doctors, and the Law (with Leon R. Kass), Commentary (Dec. 1996), at 17

Reprinted in part: Euthanasia: Opposing Viewpoints (Greenhaven Press, 1999)

Physician-Assisted Suicide, Medical Ethics and the Future of the Medical Profession (with Leon R. Kass), 35 Duquesne Law Review 395 (1996)

Infanticide, Physicians, and the Law: The ‘Baby Doe’ Amendments to the Child Abuse Prevention and Treatment Act, 11 American Journal of Law and Medicine 1 (1985)

Legal Ethics and Professional Responsibility

The Usefulness of Constitutional Law, Liberty Forum (January 31, 2012) papers.ssrn.com/sol3/papers.cfm?abstract_id=1998289

Executive Power and Governmental Attorney-Client Privilege: The Clinton Legacy (with Douglas R. Cox), 17 Journal of Law & Politics 631 (2001) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=358802

The President as Client and the Ethics of the President’s Lawyers, 61 Law and Contemporary Problems No. 2, at 65 (1998) Page 21 of 48 GOVERNMENT TESTIMONY

Briefing, “The Future of the Second Amendment,” Senate Task Force on the Second Amendment, July 12, 2010

“The Confidentiality Dispute between Vice President Cheney and the Comptroller General,” Testimony Before the Committee on the Judiciary, United States Senate, “Accountability Issues: Lessons Learned From Enron’s Fall,” February 6, 2002

“Procedures for State Initiation of Constitutional Amendments,” Testimony before the Subcommittee on the Constitution of the Committee on the Judiciary, U.S. House of Representatives, March 25, 1998

“The Tenth Amendment Enforcement Act of 1996,” Testimony before the Committee on Governmental Affairs, United States Senate, March 21, 1996

“Federalism and Congressional Incentives,” Testimony before the Committee on the Budget, United States House of Representatives, March 5, 1996

“Recent Congressional Actions on the Balanced Budget and Unfunded Mandates,” Report to the Inaugural Meeting of Governor Allen’s Advisory Council on Self- Determination and Federalism, February 23, 1995

“Constitutional Considerations in Applying the Employment Laws to Congress,” Testimony before the Committee on House Administration, United States House of Representatives, June 30, 1994

“Applying the Employment Laws to Congress: Constitutional Considerations,” Testimony before the Committee on Governmental Affairs, United States Senate, June 29, 1994

Roundtable on the Voting Rights Act of 1965, Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, U.S. House of Representatives, May 11, 1994

“The Constitutionality of Extending the Federal Employment Laws to Congress,” Testimony before the Joint Committee on the Organization of Congress, United States Congress, June 8, 1993 Page 22 of 48 ACADEMIC PRESENTATIONS

“Anti-Gun Hysterics and the Degradation of America’s Founding Principles,” a debate with Jake Charles, sponsored by The Federalist Society of Georgetown (Undergraduate), via Zoom, October 14, 2020

“The Second Amendment in a Time of Lawless Violence,” 2020 Symposium: The Second Amendment’s Next Chapter, sponsored by the Northwestern University Law Review and the Duke Center for Firearms Law, via Zoom, October 9, 2020

“A Conversation about the Future of the Conservative Legal Movement,” New Jersey Lawyers Chapter of the Federalist Society for Law & Public Policy, via Zoom, July 24, 2020

Podcast, “McCulloch v. Maryland at 200,” with Adam White and Gary Schmitt, American Enterprise Institute, July 2, 2020 https://www.aei.org/multimedia/mcculloch-v-maryland-at-200/

Panelist, “Stare Decisis in Civil Rights Cases,” National Lawyers Convention, Federalist Society for Law & Public Policy, Washington, D.C., November 15, 2019

Discussant, “Rethinking the Foundation of the Administrative State,” sponsored by the James Wilson Institute on Natural Rights and the American Founding and by The C. Boyden Gray Center for the Study of the Administrative State, Arlington, Virginia, October 11, 2019

Discussant, “The Administration of Immigration Law,” sponsored by the C. Boyden Gray Center for the Study of the Administrative State, Arlington, Virginia, June 4-5, 2019

Discussant, “The Moral Ground of Rights of Property,” sponsored by the James Wilson Institute on Natural Rights and the American Founding, Arlington, Virginia, May 10, 2019

Contributor, Second Annual Thomas M. Cooley Symposium, on Richard Fallon’s Law and Legitimacy in the Supreme Court, sponsored by the Georgetown Center for the Constitution, Washington, D.C., April 12, 2019

“Philosophic Underpinnings of the Second Amendment,” Marshall M. Criser Distinguished Symposium on Gun Violence: Law, Politics, and Public Policy, University of Florida Levin College of Law, Gainesville, Florida, April 8, 2019 Page 23 of 48

Commenter on Blackman & Phillips, “Corpus Linguistics and the Second Amendment,” Hugh and Hazel Darling Foundation Originalism Works-in-Progress Conference, Center for the Study of Constitutional Originalism, University of San Diego Law School, San Diego, California, February 23, 2019

“The Supreme Court’s Cult of Celebrity,” Address to the New Orleans Lawyers’ Chapter of the Federalist Society for Law & Public Policy, New Orleans, Louisana, February 1, 2019

Commenter on Mark Bonica & Dan Klein, “Adam Smith on Reputation, Commutative Justice, and Defamation Laws” and Jon Diesel, “Adam Smith on Usury: An Esoteric Reading,” Symposium on Smith, Hume, Liberalism, and Esotericism, sponsored by the Institute for Humane Studies, Arlington, Virginia, November 9-11, 2018

“The Right to Arms and the American Philosophy of Freedom,” Symposium on Guns in America, Northern Virginia Community College, Alexandria, Virginia, October 25, 2018

“Rousseau’s Letter to d’Alembert on the Regulation of the Arts,” JWI Senior Seminar XV, sponsored by the James Wilson Institute, Washington, D.C., October 20, 2018

“The Second Amendment: Original Meaning and Judicial Interpretations,” Fifth Annual Delaware Firearms Law Seminar, sponsored by the Delaware Association of Second Amendment Lawyers, Wilmington, Delaware, October 19, 2018

Debate, “Should the Second Amendment Be Repealed?” with Professor Gregory Magarian (Washington University Law), sponsored by the Federalist Society for Law & Public Policy and the American Constitution Society, Ohio State University College of Law, Columbus, Ohio, October 15, 2018

“Is the Second Amendment a Threat to First Amendment Rights?” sponsored by the University of Texas Chapter of the Federalist Society for Law & Public Policy, Austin, Texas, October 9, 2018

“The Right to Arms and the American Philosophy of Freedom,” sponsored by the Notre Dame School of Law Chapter of the Federalist Society for Law & Public Policy, South Bend, Indiana, September 18, 2018

“The Right to Arms and the American Philosophy of Freedom,” Address to the Wilmington Lawyers’ Chapter of the Federalist Society for Law & Public Policy, Page 24 of 48

Wilmington, Delaware, June, 7, 2018

Contributor, First Annual Thomas M. Cooley Symposium, on Gary Lawson & Guy Seidman, A Great Power of Attorney: Understanding the Fiduciary Constitution, Georgetown Center for the Constitution, Washington, D.C, April 20, 2018

Podcast, “Originalism and the Second Amendment in District of Columbia v. Heller,” University of Chicago Law Review ‘Briefly,’ April 15, 2018 https://lawreview.uchicago.edu/node/5731

Teleforum Podcast, “The Tenth Anniversary of Heller,” with Robert Leider and Darrell A. H. Miller, Criminal Law and Procedure Practice Group, Federalist Society for Law and Public Policy, April 13, 2018

“The Right to Arms and the American Philosophy of Freedom,” Massachusetts Institute of Technology, sponsored by the MIT - Initiative for Teaching Incarcerated Individuals, Cambridge, Massachusetts, April 9, 2018

“Sanctuary Cities: State and Federal Standoffs,” Symposium on Executive Power: Immigration in the New Administration, University of Pennsylvania, Philadelphia, Pennsylvania, January 26, 2018

“The State of the Second Amendment,” podcast with Jeffrey Rosen and Saul Cornell, National Constitution Center, October 12, 2017 https://constitutioncenter.org/blog/podcast-the-state-of-the-second-amendment

“Teaching the Second Amendment,” Interactive Constitution Summer Teacher Institute, National Constitution Center, Philadelphia, Pennsylvania, July 11 & 18, 2017

Lecture, “Constitutional Overview of the Second Amendment,” National Firearms Law Seminar, Atlanta, Georgia, April 28, 2017

Panelist, “What is Due Process and Does It Matter?” at Conference on Rethinking Due Process, sponsored by the Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University, Arlington, Virginia, April 21, 2017

Panelist, “The Second Amendment: Enforcing the Heller Decision,” National Lawyers Convention, Federalist Society for Law & Public Policy, Washington, D.C., November 16, 2016 Page 25 of 48

“How and Why to Defend the Right to Keep and Bear Arms,” Quinnipiac School of Law Chapter of the Federalist Society for Law & Public Policy, North Haven, Connecticut, October 31, 2016

Panelist, “The Right to Arms and the War on Guns,” Heritage Foundation, Washington, D.C., October 19, 2016

Discussion Leader, Conference on “Federalism at the Crossroads,” sponsored by the Federalist Society for Law and Public Policy Studies and Liberty Fund, Atlanta, Georgia, October 7-8, 2016

“The State of the Second Amendment,” Conference on the Supreme Court’s Declining Docket, sponsored by the Center for Judicial Engagement at the Institute for Justice, Arlington, Virginia, October 4, 2016

“The Virtues and Limitations of Justice Scalia’s Originalism and Textualism,” Conference on Justice Scalia’s Legacy and the Supreme Court, Center for Constitutional Studies, Utah Valley University, Orem, Utah, September 15, 2016 https://www.youtube.com/watch?v=oaFX_uDZonY

Panelist, “The Second Amendment in the Supreme Court and the Circuits: Current Issues,” National Conference for Appellate Staff Attorneys, sponsored by the Federal Judicial Center, Austin, Texas, May 12, 2016

Teleforum, “A Stunning Development in Second Amendment Jurisprudence? Caetano v. Massachusetts,” Federalist Society for Law & Public Policy, April 13, 2016 http://www.fed-soc.org/multimedia/detail/a-stunning-development-in-secon d-amendment-jurisprudence-caetano-v-massachusetts-podcast

“Does the Second Amendment Protect an Individual Right to Keep and Bear Arms?” Debate sponsored by the Boston University School of Law Chapter of the Federalist Society for Law & Public Policy, Boston, Massachusetts, April 11, 2016

Panelist, “Competing Theories of Constitutional and Statutory Interpretation: Why the Debate Matters,” U.S. District of Arizona Annual Conference, Phoenix, Arizona, March 2, 2016

“Judicial Duty and the Supreme Court’s Cult of Celebrity,” University of Virginia School of Law Chapter of the Federalist Society for Law & Public Policy, Charlottesville, Virginia, November 23, 2015 Page 26 of 48

Panelist, “How Far Can Regulation Constrain Second Amendment Freedoms?,” Conference on Protecting the Right to Bear Arms: History and Challenges, sponsored by the Heritage Foundation, the Georgetown Center for the Constitution, and the Georgetown Journal of Law & Public Policy, Washington, D.C., November 5, 2015

“The Federal Judiciary: From Idea to Institution,” Robert H. Smith Center for the Constitution at James Madison's Montpelier, November, 2015 https://vimeopro.com/montpelier/the-federal-judiciary-from-idea-to-institution

Podcast, “A Reasoned Debate about the Second Amendment” (with Jeffrey Rosen and Adam Winkler), Constitution Daily, October 22, 2015 http://blog.constitutioncenter.org/2015/10/podcast-a-reasoned-debate-about- the-second-amendment/

Discussant, Symposium on “Federalism and State Interposition in the Late Eighteenth and Early Nineteenth Centuries,” sponsored by the Liberty Fund, Indianapolis, Indiana, October 1-3, 2015

“The Federalist-Antifederalist Debate about Taxation,” James Kent Summer Academy, Federalist Society for Law and Public Policy Studies, Annapolis, Maryland, August 4, 2015

Panelist, “Is the Supreme Court a Failure (and if so, What Can Be Done About It)?, American Constitution Society National Convention, Washington, D.C., June 12, 2015

“What the Heller Did the Supreme Court Mean? The Emerging Jurisprudence of the Second Amendment,” Address to the Texas A&M University Law School Chapter of the Federalist Society for Law & Public Policy, Ft. Worth, Texas, October 30, 2014

“What the Heller Did the Supreme Court Mean? The Emerging Jurisprudence of the Second Amendment,” Address to the University of Kentucky Law School Chapter of the Federalist Society for Law & Public Policy, Lexington, Kentucky, October 7, 2014

Discussant, Symposium on “Constitutional Theory and Liberty: The Current State of Originalism,” sponsored by the Federalist Society for Law & Public Policy and by the Liberty Fund, Minneapolis, Minnesota, July 25-26, 2014

Commenter, 2014 Junior Scholars Colloquium, sponsored by the Federalist Society for Law & Public Policy Studies, Warrenton, Virginia, June 13-14, 2014 Page 27 of 48

“Gun Rights and Regulations: A Recently Renewed Constitutional Debate,” Panel presentation at Constitutional Symposium sponsored by the State Bar of Georgia, Atlanta, Georgia, March 13, 2014

“From My Cold Dead Bill of Rights: You Can’t Have My Second Amendment,” Address to the St. Louis University Law School Chapter of the Federalist Society for Law & Public Policy, St. Louis, Missouri, October 24, 2013

“Noel Canning,” Supreme Court Term Preview Panel, sponsored by the American Constitution Society and the Federalist Society for Law & Public Policy, George Mason University School of Law, Arlington, Virginia, October 3, 2013

“The Second Amendment Landscape after Heller and McDonald,” Address to the Vermont Law School Chapter of the Federalist Society for Law & Public Policy, South Royalton, Vermont, September 23, 2013

“Challenges to Illinois Gun Policy: People v. Aguilar,” Teleforum sponsored by Criminal Law and Procedure Practice Group, Federalist Society for Law and Public Policy Studies, September 18, 2013 www.fed-soc.org/publications/detail/challenges-to-illinois-gun-control-poli cy-people-v-aguilar-podcast

“Originalism and Stare Decisis: Some Surprises in the Constitutional Text,” Address to the Case Western Reserve University Law School Chapter of the Federalist Society for Law & Public Policy, Cleveland, Ohio, September 17, 2013

“Triggering the Second Amendment,” Constitution Day debate with Laurence Rosenthal, Case Western Reserve University, Cleveland, Ohio, September 16, 2013

“What the Heller Did the Supreme Court Mean? The Emerging Jurisprudence of the Second Amendment,” Address to the New Jersey Lawyers Chapter of the Federalist Society for Law & Public Policy, Morristown, New Jersey, May 30, 2013

“The Second Amendment in a Post-Heller World: An Uncertain Future for Gun Rights,” Address to the Long Island Lawyers Chapter of the Federalist Society for Law & Public Policy, Mineola, New York, May 29, 2013

“Is the Strictest Gun Control Law in the Nation Constitutional? Connecticut Gun Control After Sandy Hook,” Address to the Connecticut Lawyers Chapter of the Federalist Society for Law & Public Policy, Hartford, Connecticut, May 29, 2013 Page 28 of 48

Panelist, “The Second Amendment and Gun Control in the Courts,” National Policy Conference, Republican National Lawyers Association, Washington, D.C., April 26, 2013

Panelist, “Attempts to Regulate Firearm Freedoms,” 2013 Spring Legal Strategy Forum, Heritage Foundation, Orlando, Florida, April 25, 2013

Debate with Jamin Raskin, “What Are the Constitutional Limits to Government Mandated Firearms Controls?,” Washington College of Law Chapter of the Federalist Society for Law & Public Policy, Washington, D.C., April 18, 2013

Symposium Panelist, “The Place of Guns in a Free Society,” George Mason University Civil Rights Journal, George Mason University, Arlington, Virginia, April 3, 2013

Podcast, Moore v. Madigan, with Ken Klukowski and Adam Winkler, March 20, 2013 www.fed-soc.org/publications/detail/controlling-gun-control-the-seventh-ci rcuit-steps-in-podcast

Podcast, “The Right to Bear Arms,” with Adam Freedman and Eugene Volokh, December 12, 2012 http://ricochet.com/podcast-episode-popup/content/view/popup/549202

Panelist, “An Examination of Substantive Due Process and Judicial Activism,” National Lawyers Convention, Federalist Society for Law & Public Policy, Washington, D.C., November 17, 2012

“Commerce Clause Jurisprudence from the New Deal to Obamacare,” Symposium on The Supreme Court: History and Current Controversies,” Hillsdale College Center for Constructive Controversies,” Hillsdale, Michigan, September 10, 2012

Teleforum, “Gun Rights Litigation Update” (with Alan Gura), sponsored by Criminal Law and Procedure Practice Group, Federalist Society for Law and Public Policy Studies, August 16, 2012

Podcast, “Gunfight: The Battle Over the Right Bear Arms in America,” with Adam Winkler, Federalist Society for Law and Public Policy Studies, July 30, 2012 www.fed-soc.org/publications/detail/gunfight-the-battle-over-the-right-to-b ear-arms-in-america-faculty-book-podcast Page 29 of 48

“Twenty-Five Years after Florida’s Concealed Carry Reform: The Emerging Jurisprudence of the Second Amendment,” Address to the Miami Lawyers’ Chapter of the Federalist Society for Law & Public Policy Studies, Miami, Florida, May 15, 2012

“On Disengaging the Supreme Court from Its Errors,” Symposium on Judicial Engagement & the Role of Judges in Enforcing the Constitution, sponsored by the Institute for Justice and the George Mason Law Review, March 22, 2012, Arlington, Virginia

“Second Amendment Standards of Review in a Heller World,” Symposium on Gun Control and the Second Amendment: Developments and Controversies in the Wake of District of Columbia v. Heller and McDonald v. Chicago, sponsored by the Fordham Urban Law Journal, Fordham Law School, New York, New York, March 9, 2012

“Heller and McDonald Revisited: The Supreme Court’s Recent Second Amendment Decisions,” sponsored by the Federalist Society for Law and Public Policy Studies and by the Virginia Law Rod & Gun Club, University of Virginia Law School, Charlottesville, Virginia, February 27, 2012

“Resizing the Federal Purse: Limits on the Spending Power and Their Meaning for Federal Grants to the States,” Mercatus Center at George Mason University, Capitol Hill Campus, Washington, D.C., February 22, 2012

“From Baker v. Carr to Bush v. Gore, and Back,” Symposium: Baker v. Carr After 50 Years: Appraising the Reapportionment Revolution, Case Western Reserve University School of Law, Cleveland, Ohio, November 4, 2011

Keynote Speaker, “The Second Amendment and 1983 Litigation,” sponsored by the Illinois State Rifle Association and the John Marshall Law School chapter of the Federalist Society for Law & Public Policy Studies, John Marshall Law School, Chicago, Illinois, October 22, 2011

“Guardian Politics in the The Deer Hunter,” Concourse Program, Massachusetts Institute of Technology, Cambridge, Massachusetts, October 7, 2011

“The Unconstitutionality of Obamacare,” debate (with Elizabeth Wydra) sponsored by the American Constitution Society and the Federalist Society for Law & Public Policy Studies, Charlotte Law School, Charlotte, North Carolina, September 28, 2011 Page 30 of 48

Roundtable Participant, Accelerating Democracy: Matching Social Governance to Technological Change by John O. McGinnis, Northwestern University Law School, Searle Center on Law, Regulation, and Economic Growth, Chicago, Illinois, September 15-16, 2011

“Judges, Bureaucrats, and Second Amendment Rights on Campus,” Conference on Campus Concealed Carry, sponsored by Students for Concealed Carry on Campus and the Second Amendment Foundation, Washington, D.C., August 8, 2011

Discussant, “Liberty and Constitutional Jurisprudence Colloquium,” Federalist Society for Law and Public Policy Studies and Liberty Fund, Minneapolis, Minnesota, June 3-4, 2011

Briefing Call, “Merit Selection of State Court Judges after Bush v. Gore,” sponsored by the Federalist Society for Law & Public Policy Studies, March 1, 2011

Panelist, “Economic Theory, Civic Virtue, and the Meaning of the Constitution,” 30th Annual Federalist Society Student Symposium, Charlottesville, Virginia, February 25, 2011

“Montesquieu and Federalist No. 78,” Address to students of the American Political Tradition, Department of Politics, University of Virginia, Charlottesville, Virginia, February 18, 2011

Panelist, “The Future of the Right to Keep and Bear Arms,” Conference sponsored by the Federalist Society’s Civil Rights Practice Group and the Cato Institute’s Center for Constitutional Studies, Washington, D.C., January 20, 2011

“The Second Amendment’s Future in the Courts,” Awakening 2011, Kiawah Island, South Carolina, January 9, 2011

“Bush v. Gore, Myths and Reality,” Symposium on “Bush v. Gore: A Decade Later,” St. Thomas Law School, Miami, Florida, November 13, 2010

“The Conservative Case Against Racial Profiling in the War on Terrorism,” sponsored by the Federalist Society for Law and Public Policy Studies, Columbia University Law School, New York, N.Y., October 4, 2010

“The Resurrection of the Second Amendment,” Address to Minnesota State Bar Association Appellate Section, St. Paul, Minnesota, August 2, 2010 Page 31 of 48

“The Second Amendment after McDonald v. Chicago,” Thomson Reuters CLE webcast, July 22, 2010

“The Supreme Court and the Battle for Second Amendment Rights,” panel discussion sponsored by the Independent Institute, Washington, D.C., June 8, 2010

“Gun Regulation after District of Columbia v. Heller,” Bill of Rights Course, Annual Meeting of the State Bar of Texas, Austin, Texas, May 28, 2010

“Overview of Incorporation Under the 14th Amendment – The Different Legal Theories the Supreme Court Could Use to Protect the Right to Keep and Bear Arms From State and Local Government Infringement,” National Firearms Law Seminar, Charlotte, North Carolina, May 14, 2010

Debate on “Christians, Gays, and the First Amendment: Free Association or Pure Discrimination: Christian Legal Society v. Martinez,” sponsored by the Federalist Society for Law & Public Policy and by OUTLaw, Villanova University School of Law, Villanova, Pennsylvania, March 24, 2010

Commentary on Roger Clegg’s remarks on “Racial Profiling in the War on Terror,” Federalist Society for Law and Public Policy Studies, George Mason University School of Law, Arlington, Virginia, February 2, 2010

Panel presentation, “The Irrelevant Constitution: How the Obama-Reid-Pelosi Health Care Bill Violates America’s Charter Text,” Family Research Council, Washington, D.C., January 14, 2010

Podcast, “The Privileges or Immunities Clause and the Right to Keep and Bear Arms,” with Clark Neilly and Kurt Lash, Federalist Society for Law and Public Policy Studies, November 4, 2009 http://www.fed-soc.org/publications/pubid.1692/pub_detail.asp

“Second Amendment Incorporation,” Address sponsored by Law Students for the Second Amendment, George Mason University School of Law, Arlington, Virginia, October 27, 2009

Moderator, Equal Protection Panel, Civil Rights Symposium on Education, sponsored by the George Mason University Civil Rights Journal, Washington, D.C., October 21, 2009

“Judicial Review: Historical Debate, Modern Perspectives, and Comparative Page 32 of 48

Approaches,” George Washington Law Review Symposium, George Washington University Law Review, Washington, D.C., October 16, 2009

“Lawrence v. Texas: The Worst Opinion in the History of the Supreme Court?”, Address to the University of Florida Law School Chapter of the Federalist Society for Law & Public Policy Studies, Gainesville, Florida, October 7, 2009

Conferee, “Liberty, Investiture, and the Papal Revolution,” Liberty Fund Conference, Indianapolis, Indiana, September 17-19, 2009

Panelist, “The Second Amendment and Constitutional Interpretation,” Firearms Law & The Second Amendment Symposium, sponsored by the Federalist Society for Law & Public Policy and the NRA Foundation, Northwestern University School of Law, Chicago, Illinois, September 12, 2009

“President Obama and Constitutional Signing Statements,” Panel Presentation, The Unitary Presidency and the Obama Administration, National Convention of the American Constitution Society for Law and Policy, Washington, D.C. June 19, 2009

“Heller and Originalism,” Faculty Workshop, George Washington University Law School, Washington, D.C., January 30, 2009

“The Second Amendment, Heller, and Originalist Jurisprudence,” panel presentation, UCLA Law Review Volume 56 Symposium, UCLA School of Law, Los Angeles, California, January 23, 2009

“Heller and Originalism,” Robert A. Levy Fellows Workshop in Law & Liberty, George Mason University School of Law, Arlington, Virginia, January 15, 2009

“Originalism in District of Columbia v. Heller,” panel presentation, National Lawyers Convention, Federalist Society for Law & Public Policy, Washington, D.C., November 20, 2008 Transcript available at 4 NYU Journal of Law & Liberty 293 (2009)

“Lawrence v. Texas: The Worst Opinion in the History of the Supreme Court?”, Address to the Washington and Lee Law School Chapter of the Federalist Society for Law & Public Policy Studies, Lexington, Virginia, November 17, 2008

“The Second Amendment and Original Meaning Jurisprudence,” Address to the St. Louis University School of Law Chapter, Federalist Society for Law and Public Policy Studies, St. Louis, Missouri, October 29, 2008 Page 33 of 48

“The Second Amendment and Original Meaning Jurisprudence,” Address to the Washington University School of Law Chapter, Federalist Society for Law and Public Policy Studies, St. Louis, Missouri, October 28, 2008

Comment on Todd Gaziano, “Supreme Court Preview,” Federalist Society for Law and Public Policy Studies, George Mason University School of Law, Arlington, Virginia, October 8, 2008

“The Second Amendment and Original Meaning Jurisprudence,” Address to the Detroit Mercy School of Law chapter of the Federalist Society for Law and Public Policy Studies, Detroit, Michigan, September 17, 2008

“The Second Amendment and Original Meaning Jurisprudence,” Address to the Ave Maria Law School chapter of the Federalist Society for Law and Public Policy Studies, Ann Arbor, Michigan, September 16, 2008

“The Second Amendment and Original Meaning Jurisprudence,” Address to the Wayne State Law School chapter of the Federalist Society for Law and Public Policy Studies, Detroit, Michigan, September 16, 2008

Panelist, “A Look Back at the October Supreme Court 2007 Term,” Federalist Society for Law and Public Policy Studies, Washington, D.C., July 1, 2008

Podcast, “District of Columbia v. Heller,” Federalist Society for Law and Public Policy Studies, June 30, 2008

“Gun Control, the Supreme Court, and the Founders’ Second Amendment," Grove City College American Founders Luncheon Series, Pittsburgh, Pennsylvania, June 10, 2008

“What Heller Should Say,” National Firearms Law Seminar, Louisville, Kentucky, May 16, 2008

Discussant, “The Problem of Executive Power and the Constitution’s Checks and Balances,” Liberty Fund Conference, Washington, D.C., April 17-18, 2008

“Lawrence v. Texas: The Worst Opinion in the History of the Supreme Court?”, Address to the Temple University School of Law Chapter of the Federalist Society for Law & Public Policy Studies, Philadelphia, Pennsylvania, March 18, 2008

District of Columbia v. Heller, Debate and Panel Discussion, Case Day, Langley High Page 34 of 48

School, McLean, Virginia, March 14, 2008

“A Revival of Your Right to Arms? The Second Amendment Goes to Court,” Address to the Regent University School of Law Chapter, Federalist Society for Law and Public Policy Studies, Virginia Beach, Virginia, February 25, 2008

“The Supreme Court and the Second Amendment,” Address to the University of St. Thomas Chapter, Federalist Society for Law and Public Policy Studies, Minneapolis, Minnesota, February 11, 2008

“The Supreme Court and the Second Amendment,” Debate with Professor David Schultz, University of Minnesota Chapter, Federalist Society for Law and Public Policy Studies, Minneapolis, Minnesota, February 11, 2008

Discussant, “The Federalist Papers and the Anti-Federalist Critique,” Liberty Fund Conference, San Diego, California, January 24-26, 2008

“Is the D.C. Gun Ban Unconstitutional?,” Debate with Hon. David Yassky, Tenth Annual Faculty Division Conference, Federalist Society for Law and Public Policy, New York, New York, January 4, 2008

“The Second Amendment Comes to Life: Why the D.C. Gun Control Statute Was Declared Unconstitutional,” Address to the Boston College Law School Chapter of the Federalist Society for Law & Public Policy Studies, Newton, Massachusetts, November 12, 2007

“D.C.’s Handgun Ban and the Constitutional Right to Arms: One Hard Question?” Civil Rights Law Journal Symposium on The Second Amendment and Twenty-First Century Jurisprudence, George Mason University School of Law, Arlington, Virginia, October 17, 2007

Panel Discussion, “Should Judges Secure Unenumerated Rights?” sponsored by the George Mason University School of Law Chapter of the Federalist Society for Law & Public Policy Studies, Arlington, Virginia, October 15, 2007

“Partial Birth Abortion in the Supreme Court,” Constitution Day Conference, Cato Institute, Washington, D.C., September 17, 2007

“The Second Amendment Today,” Rutherford Institute, Charlottesville, Virginia, July 17, 2007 Page 35 of 48

Lecture, “The Second Amendment and the Parker decision from the D.C. Circuit,” National Firearms Law Seminar, St. Louis, Missouri, April 13, 2007

“Presidential Signing Statements and the President’s Obligations as an Interpreter of Statutes,” Conference: The Last Word? The Constitutional Implications of Presidential Signing Statements, William & Mary Bill of Rights Journal, Williamsburg, Virginia, February 3, 2007

Discussant, “Supermajority Rules as an Institution of Liberty,” Liberty Fund Conference, Chicago, Illinois January 19-20, 2007

Panelist, “The Virginia Constitution: the Proposed Amendment on Marriage and its Effect on Other Agreements,” with Cato Institute Senior Fellow in Constitutional Studies Mark Moller and Professor Joyce Lee Malcolm (moderator), cosponsored by the Civil Rights Law Journal, the Federalist Society, and the Gay, Lesbian, and Bisexual Law Association, George Mason University School of Law, Arlington, Virginia, November 1, 2006

Panelist, “Current Second Amendment Scholarship,” Firearms Law & the Second Amendment Symposium, sponsored by Law Students for the Second Amendment, George Mason University School of Law, Arlington, Virginia, October 7, 2006

“The Second Amendment,” Rutherford Institute, Charlottesville, Virginia, June 27, 2006

Lecture, “The Meaning of the Second Amendment,” National Firearms Law Seminar, Milwaukee, Wisconsin, May 19, 2006

Participant, “(How) Does Same-Sex Marriage Matter? A Working Scholars’ Conference,” sponsored by Institute For Marriage and Public Policy and held at George Mason University School of Law, Arlington, Virginia, May 13, 2006

Moderator, Panel on Constitutional Foundations, Conference on “Federal Preemption: Law, Economics and Politics,” American Enterprise Institute, Washington, D.C., April 27, 2006

“Lawrence v. Texas: The Worst Opinion in the History of the Supreme Court?”, Address to the University of Tennessee Law School Chapter of the Federalist Society for Law & Public Policy Studies, Knoxville, Tennessee, April 12, 2006

“The Text of the Second Amendment, and its Meaning,” Address to the Washington Page 36 of 48 and Lee Law School Chapter of the Federalist Society for Law & Public Policy Studies, Lexington, Virginia, April 4, 2006

“The Constitutional Right to Keep and Bear Arms and the Future of Gun Control,” Address to the University of Iowa College of Law Chapter of the Federalist Society for Law & Public Policy Studies, Iowa City, Iowa, March 24, 2006

“The Second Amendment Today,” Address to the University of South Carolina Law School Chapter of the Federalist Society for Law & Public Policy Studies, Columbia, South Carolina, February 22, 2006

Symposium panelist and moot court judge: “Holding the Purse Strings: Should the Federal Government have Equal Access to Law Schools without Equal Treatment of Gays & Lesbians in the Military?” sponsored by the Institute of Bill of Rights Law: Student Division, William & Mary School of Law, Williamsburg, Virginia, February 20, 2006

Debate with Professor Kent Greenfield on the Constitutionality of The Solomon Amendment, Villanova University School of Law, Villanova, Pennsylvania, February 1, 2006

Debate, “The Solomon Amendment: May Congress Demand That Universities That Get Federal Funds Allow Military Recruit on Campus?” with Professor David Cole, Eighth Annual Federalist Society Faculty Conference, Washington, D.C., January 6, 2006

“The Right of Self-Defense: In or Behind the Constitution?” Bessie Jones Day Symposium – Modern Issues Involving the Law of Self-Defense, George Mason University School of Law, November 5, 2005

“Natural Moral Law in the United States Supreme Court,” Fall Lecture Series on Natural Moral Law and Contemporary Society, School of Philosophy, Catholic University of America, Washington, D.C., October 21, 2005

Panelist, “Second Amendment, Congress and the Courts” and “Judicial Activism,” 2005 Firearms Law Symposium, sponsored by Law Students for the Second Amendment and the NRA Foundation, George Mason University School of Law, Arlington, Virginia, September 24, 2005

Lecture, “The Roots of our Supreme Court's Preeminence, and its Troubles,” St. John’s College, Annapolis, Maryland, September 16, 2005 Page 37 of 48

“Is Constitution Day Constitutional?” Remarks at George Mason Law School’s first federally mandated Constitution Day program, Arlington, Virginia, September 16, 2005

Panelist, “Debating the Federal Marriage Amendment,” American Public Philosophy Institute Panel, Annual Meeting of the American Political Science Association, Washington, D.C., September 3, 2005

“Drafting a Constitutional Amendment Protecting Marriage,” Federalism and the Law of Marriage Conference, sponsored by Institute for Marriage and Public Policy, at Harvard Law School, Cambridge, Massachusetts, August 26-27, 2005

“Substantive Due Process and the Transformation of American Judicial Power,” Intercollegiate Studies Institute and Princeton University’s James Madison Program in American Ideals and Institutions, Princeton, New Jersey, June 28, 2005

“Cause Lawyering in Academia,” Seminar on Cause Lawyers taught by David Wilkins and Ann Southworth, Harvard Law School, February 23, 2005

“Lawrence v. Texas: The Worst Opinion in the History of the Supreme Court?”, Alpheus T. Mason Lecture in Constitutional Law and Political Thought, James Madison Program in American Ideals and Institutions, Princeton University, Princeton, New Jersey, February 7, 2005

Address, “Lawrence v. Texas: The Worst Opinion in the History of the Supreme Court?” to the Federalist Society for Law and Public Policy, Washburn University School of Law, Topeka, Kansas, February 1, 2005

Address, “Lawrence v. Texas: The Worst Opinion in the History of the Supreme Court?” to the Federalist Society for Law and Public Policy, Texas Tech University School of Law, Lubbock, Texas, January 31, 2005

Address, “Reviving the Second Amendment,” Federalist Society for Law and Public Policy, Northwestern Law School, Chicago, Illinois October 25, 2004

“Election 2000 Revisited: Did the Supreme Court Err,” Debate with Professor Gerald Moran sponsored by the Federalist Society for Law & Public Policy Studies, Florida Coastal School of Law, Jacksonville, Florida, October 11, 2004

“The Rehnquist Court’s Pragmatic Approach to Civil Rights,” Northwestern University Law Review Symposium on The Rehnquist Court, April 23-24, 2004 Page 38 of 48

Lecture, “The Text of the Second Amendment,” for a continuing legal education seminar on firearms law sponsored by Law Students for the Second Amendment, George Mason University School of Law, Arlington, Virginia, March 27, 2004

Address, “Introduction to the Second Amendment,” to the St. Eustachius Society and the Federalist Society for Law and Public Policy, Ave Maria Law School, Ann Arbor, Michigan, March 18, 2004

Discussant, Book Forum on David B. Kopel, Stephen P. Halbrook, and Alan Korwin, Supreme Court Gun Cases: Two Centuries of Gun Rights Revealed, American Enterprise Institute, Washington, D.C., October 3, 2003

Discussant, “Progressivism, Courts, and the Expansion of Rights: Reflections on the Bicentennial of Marbury v. Madison,” Claremont Institute Panel, Annual Meeting of the American Political Science Association, Philadelphia, Pennsylvania, August 30, 2003

Symposium on Direct Democracy, University of San Diego School of Law, San Diego, California, June 6-7, 2003

“Bush v. Gore in Perspective,” Address sponsored by the Federalist Society for Law & Public Policy Studies, Mercer University Law School, Macon, Georgia, April 17, 2003

“The D.C. Gun Ban Goes to Court,” panel presentation at the National Press Club, sponsored by the Federalist Society for Law & Public Policy Studies, Washington, D.C., April 16, 2003

Debate on the Second Amendment with Brian Siebel, Senior Attorney with the Legal Action Project of the Brady Center, sponsored by the Federalist Society for Law & Public Policy Studies, Washington & Lee University School of Law, Lexington, Virginia, April 2, 2003

“The Second Amendment Today,” Address to the University of Toledo Law School Chapter of the Federalist Society for Law & Public Policy Studies, Toledo, Ohio, February 13, 2003

“The Revival of the Second Amendment,” Address to the University of Pittsburgh School of Law Chapter of the Federalist Society for Law & Public Policy Studies, Pittsburgh, Pennsylvania, November 25, 2002 Page 39 of 48

“The Conservative Case against Governmental Racial Profiling,” Symposium: Confronting Realities: The Legal, Moral, and Constitutional Issues Involving Diversity, Albany Law School, Albany, New York, November 7, 2002

Debate on the Second Amendment, with Allen Rostron from The Brady Center to Prevent Gun Violence, at the Summer Institute for Teachers, sponsored by the Bill of Rights Institute, Arlington, Virginia, July 12, 2002

Debate on the Second Amendment, with Daniel R. Vice from the Brady Center to Prevent Gun Violence United with the Million Mom March Legal Action Project, at Rutgers-Camden School of Law, Camden, New Jersey, March 25, 2002

“The Second Amendment, Then and Now,” Panel Presentation, Northwestern University Law School Conference on Freedom: Testing the Limits of Diversity, Chicago, Illinois, March 7, 2002

“The Revival of the Second Amendment,”Address to the University of Virginia Law School Chapter of the Federalist Society for Law & Public Policy Studies, Charlottesville, Virginia, February 7, 2002

“Applying Law to the Political Process,” panel presentation: Judicial Decisionmaking: The Case of Judicial Oversight of the Political Process, Fifteenth Annual National Lawyers Convention, Federalist Society for Law & Public Policy, Washington, D.C., November 16, 2001

“Bush v. Gore and the Rule of Law, Committee for the American Founding, Amherst, Massachusetts, October 13, 2001

“The Slandered Court: Putting the 2000 Term in Perspective,” Heritage Foundation Conference, Courtside View: Scholars and Scribes Look at the Supreme Court's 2000-2001 Term, Washington, D.C., July 9, 2001

“Law and Politics in Bush v. Gore,” Address to the National Association of Scholars, New York, New York, April 29, 2001

“Assessing and Applying Bush v. Gore,” Votes and Voices Symposium: Reevaluations in the Aftermath of the 2000 Presidential Election, Benjamin N. Cardozo School of Law, New York, New York, April 26, 2001

“The Future of the Second Amendment,” Address to the William & Mary Law School Chapter of the Federalist Society for Law & Public Policy Studies, Williamsburg, Page 40 of 48

Virginia, March 29, 2001

“United States v. Emerson and the Second Amendment Today,” Address to the Baylor Law School Chapter of the Federalist Society for Law & Public Policy Studies, March 22, 2001

“The Future of the Second Amendment,” Address to the University of Kansas Law School Chapter of the Federalist Society for Law & Public Policy Studies, March 11, 2001

“United States v. Emerson and the Second Amendment Today,” Address to the Northern Illinois University Law School Chapter of the Federalist Society for Law & Public Policy Studies, February 16, 2001

Moderator, Book Forum, “More Guns, Less Crime,” with John Lott (Yale University), Carl Moody (William & Mary), and William Vogt (Carnegie Mellon), Cato Institute, Washington, D.C., June 16, 2000

“The Second Amendment and the Emerson Case,” Address to the Catholic University of America Law School Chapter of the Federalist Society for Law & Public Policy Studies, Washington, D.C., April 25, 2000

“The True Meaning of the Second Amendment,” Debate with Professor Akhil Reed Amar, sponsored by the Federalist Society for Law & Public Policy Studies, Yale Law School, New Haven, Connecticut, April 10, 2000

“United States v. Emerson and the Second Amendment Today,” Address to the University of Missouri-Kansas City Law School Chapter of the Federalist Society for Law & Public Policy Studies, March 20, 2000

Conference Speaker: “Guns in America—Public Nuisance, Defective Product, or Constitutional Right?”: Cato Institute, Washington, D.C., February 29, 2000

“The Second Amendment and the ‘Recoupment’ Suits Against the Firearms Industry,” Address to the University of Texas Law School Chapter of the Federalist Society for Law & Public Policy Studies, Austin, Texas, February 28, 2000

Panelist, “Firearms Litigation, Tort Liability, and the Second Amendment,” National Lawyers Convention, Federalist Society for Law & Public Policy Studies, Washington, D.C., November 11, 1999 Page 41 of 48

“The Lanning Decision and the Future of Disparate Impact Doctrine,” Conference on Comparable Worth and Disparate Impact, Center for Equal Opportunity, Washington, D.C. September 28, 1999

“A Rediscovery of the Second Amendment?” Address to the Tampa Bay Lawyers’ Chapter of the Federalist Society for Law & Public Policy Studies, Tampa, Florida July 15, 1999

Panelist, “The Uncertainty of Governmental Privileges: Defining the New Relationship between Government Attorneys and their Clients,” The Robert D. Poling Symposium on Professional Responsibility for Government Attorneys, sponsored by the Capitol Hill Chapter of the Federal Bar Association, Washington, D.C., June 10, 1999

“The Individual’s Right to Keep and Bear Arms: How and Why Public Interest Litigators Should Participate in the Current Gun Cases,” Remarks at the Heritage Foundation’s Legal Strategy Forum, Herndon, Virginia, May 13, 1999

“From Tobacco Smoke to Gun Smoke: The Constitution and Government Litigation against Pariah Products,” Address to the Philadelphia Lawyers’ Chapter of the Federalist Society for Law & Public Policy Studies, Philadelphia, Pennsylvania, April 14, 1999

Panel Moderator, “A Debate on Human Cloning,” National Lawyers Convention, Federalist Society for Law & Public Policy, Washington, D.C., November 13, 1998

Conference on the Future of Second Amendment Scholarship, sponsored by Academics for the Second Amendment, Salmon Lake, Montana, July 21-26, 1998

Discussant, “Protecting Freedom in the American Constitutional System,” Liberty Fund Colloquium, Charleston, South Carolina, March 5-8, 1998

“The Economics of Physician-Assisted Suicide and Euthanasia,” John M. Olin Workshop in Law and Economics, Georgetown University Law Center, Washington, D.C., January 13, 1998

Co-Chair, Conference on “The Limits of Congressional Investigations of the Private Sector,” sponsored by the Claude R. Lamb Foundation, Alexandria Virginia, October 30-31, 1997

Panelist, “Tobacco, Firearms, Liquor, Fatty Foods & the Future of Product Liability,” Page 42 of 48

National Lawyers Convention, Federalist Society for Law & Public Policy Studies, Washington, D.C., October 16, 1997

Debate, “Federalism and Civil Liberties,” with Professor Arnold H. Loewy, sponsored by the Federalist Society for Law and Public Policy, University of North Carolina School of Law, Chapel Hill, North Carolina, October 9, 1997

Roundtable on “Affirmative Action Law and Policy: Is There Really a Principle at Stake Here?” sponsored by the Project on American Constitutionalism, Meeting of the American Political Science Association, Washington, D.C., August 29, 1997

Conference on “Congressional Power to Correct Judicial Misinterpretations of the Constitution,” sponsored by the Heritage Foundation, Washington, D.C., August 20, 1997

Conference on “Judicial Reform,” sponsored by the Heritage Foundation and National Review, Washington, D.C., April 3, 1997

“Assisted Suicide, Medical Ethics, and the Constitution,” presentation at Hastings Constitutional Law Quarterly symposium on “Visions of Death & Dying: Interdisciplinary Perspectives on the Future of Medical Ethics,” University of California Hastings College of the Law, San Francisco, California, March 22, 1997

“Federalism and Civil Liberties,” panel presentation at conference on Federalism in the 21st Century, University of Kansas School of Law, Lawrence, Kansas, September 26-27, 1996

Discussant, “Liberty, The Supreme Court, and the Powers of Congress,” Liberty Fund Colloquium, Freeport, Maine, June 13-16, 1996

“Judicial Management of the Separation of Powers,” presentation for a panel on The Least Dangerous to the Political Rights of the Constitution: The Supreme Court as Power Broker, at a Symposium on The Supreme Court and American Constitutionalism, John M. Ashbrook Center for Public Affairs, Ashland, University, Ashland, Ohio, April 13, 1996

“The Supreme Court and Racial Politics,” panel presentation at Symposium on Plessy v. Ferguson After One Hundred Years, Georgia State College of Law, Atlanta, Georgia, March 28-29, 1996

Debate: “The Right to Keep and Bear Arms: An Individual or Collective Right?” with Page 43 of 48

Mark Polston, Coalition to Prevent Handgun Violence, sponsored by the Federalist Society for Law & Public Policy Studies at the Washington College of Law, American University, Washington, D.C., October 2, 1995

“Interjurisdictional Competition, Civil Rights, and Civil Liberties,” presentation for a panel on Protecting Liberty and Civil Rights Under the 10th Amendment, at a Symposium on What Ever Happened to the 10th Amendment? sponsored by the Heritage Foundation and the Federalist Society, September 12, 1995

“Affirmative Action in the Workplace: The End of an Era?” Address to the Pittsburgh Federalist Society, April 13, 1995

“The Relevance of History in Interpreting the Second Amendment,” Conference: Second Amendment: Right Under Fire, April 3, 1995

“Congressional Accountability under the Law,” Seminar on Congress and the Constitution sponsored by The Heritage Foundation, the Federalist Society for Law and Public Policy, and Representative Charles Canady, March 8, 1995

Panelist, “Conducting Ethics Investigations Amid Partisan Influences,” Symposium on Partisan Influences on Ethics Investigations, University of Virginia School of Law, February 11, 1995 [transcribed at 11 Journal of Law & Politics 467 (1995)]

Debate: “Does The Second Amendment Give Citizens the Right to Keep and Bear Arms?” with Mark Polston, Coalition to Prevent Handgun Violence, sponsored by the George Mason University School of Law chapter of the Federalist Society for Law & Public Policy Studies, September 1, 1994

Debate: “Are There Constitutional Limits on Gun Control?” with Dennis Hennigan, General Counsel, Handgun Control, Inc., sponsored by the Washington D.C. Lawyers’ Division of the Federalist Society for Law & Public Policy Studies, April 28, 1994

Moderator, Panel on Political Theory and Public Choice, Conference on Richard A. Epstein’s Bargaining with the State, George Mason University School of Law, March 31, 1994

Debate on “The Constitutionality of a National Handgun Ban” with Professor Robert Allen Sedler of Wayne State University Law School, sponsored by the Federalist Society for Law & Public Policy Studies, Detroit College of Law, Detroit Michigan, March 14, 1994 Page 44 of 48

Debate on “The Constitutionality of a National Handgun Ban” with Steven Murphy, Assistant United States Attorney in the Eastern District of Michigan, sponsored by the Federalist Society for Law & Public Policy Studies, University of Detroit Mercy School of Law, Detroit Michigan, March 14, 1994

“Scholarship Conference on the Bill of Right’s Second Amendment,” sponsored by Academics for the Second Amendment, Orlando, Florida, January 7-8, 1994

“American Constitutional Law and the American Economy,” Remarks to Eastern European Economists, George Mason University School of Law, March 30, 1993

“The Future of the Second Amendment,” Address to the Federalist Society for Law & Public Policy Studies, University of Nebraska College of Law, Lincoln, Nebraska, February 26, 1993

“The Future of the Second Amendment,” Address to the Federalist Society for Law & Public Policy Studies, Creighton University School of Law, Omaha, Nebraska, February 25, 1993

“The Efficacy of Economic Analysis of Discrimination,” Remarks at Conference on Richard A. Posner’s Economic Analysis of Law (4th ed.), George Mason University School of Law, January 28, 1993

“The Importance of Opinions in Writing” (Commentary on papers by Douglas W. Kmiec and John O. McGinnis)—Conference on Executive Branch Interpretation of the Law, Benjamin N. Cardozo School of Law, New York, New York, November 15, 1992

RADIO AND TELEVISION

Interview about G.V.R. in Caetano v. Massachusetts, Bloomberg Law Radio Show, March 21, 2016

Interview, about the Second Amendment, CBS Sunday Morning, March 13, 2016

Interview about Abramski v. United States, The Legal Broadcast Network, June 17, 2014 http://legalbroadcastnetwork.com/the-lbn-blog/2014/6/23/straw-men-cant-b uy-guns Page 45 of 48

Interview on Same-Sex Marriage Litigation, The Randy Tobler Show, FM News Talk, 97.1, St. Louis, Missouri, March 30, 2013

Interview with Mary Kissel on Hollingsworth v. Perry, Wall Street Journal TV, Opinion Journal Live, March 27, 2013

Interview with Scott Lee about the Second Amendment and the McDonald case, Freedom and Prosperity Radio (syndicated to several Virginia radio stations), July 17, 2010

Discussion of the oral argument in McDonald v. Chicago, “On Point” with Tom Ashbrook, Jan Crawford Greenburg, and Carl Bogus, WBUR Radio, Boston, March 3, 2010

Interview on the constitutionality of Obamacare, WMAL Radio, Washington, D.C., January 14, 2010

“The Significance of the Heller Decision.” Interview for France 24 TV, July 2, 2008

Interview on District of Columbia v. Heller, Glenn Beck Show, CNN, June 26, 2008

Interview on District of Columbia v. Heller, KPCC FM, Southern California Public Radio in Los Angeles, June 26, 2008

Interview on the Second Amendment, The Rox Report (Lisa Holifield), WAPI 1070 AM, Birmingham, Alabama, April 22, 2008

Podcast, “The Second Amendment Foundation Brief in District of Columbia v. Heller,” Independence Institute, March 5, 2008, http://www.ivoices.org/

Interview, “Commas in the Second Amendment,” Pam Morrison Show, KPCC/So CA Public Radio/NPR affiliate, December 18, 2007

Panelist, “Analyzing the Decisions of the 2006-2007 Supreme Court,” Federalist Society Webcast http://www.fed-soc.org/publications/pubID.334/pub_detail.asp June 29, 2007

Interview, Virginia’s Proposed Constitutional Amendment Defining Marriage, “Live this Morning with Dave Lucas,” Newschannel 8, Arlington, Virginia, November 7, 2006 Page 46 of 48

“Preview of National Firearms Law Seminar,” interview on NRA.com (radio and internet), April 19, 2006

“The Alito Nomination,” Interview on News Channel 8, Washington, D.C., November 3,2005

“Remembering Chief Justice Rehnquist,” Interview on WTTG-TV, Fox-5, Washington, D.C., September 5, 2005

“To the Point,” nationally syndicated National Public Radio show originating at KCRW in Los Angeles: interview about Justice O’Connor’s retirement announcement, July 1, 2005

“The Editors,” interview about the Second Amendment with Thomas Walton and Marilou Johanek, WGTE-TV (PBS), Toledo, Ohio, February 14, 2003 and WBGU- TV (PBS), Bowling Green, Ohio, February 16, 2003

Interview and call-in about the Second Amendment with Jerry Anderson, WTOL-TV (CBS affiliate), Toledo, Ohio, February 13, 2003

Call in radio show on Second Amendment issues, On Point with Tom Ashcroft, WBUR-Boston, May 10, 2002

Interview, “To the Point, with Warren Olney,” on the Department of Justice’s new position on the Second Amendment, National Public Radio, May 10, 2002

Interview for Paul Weyrich’s radio news service on the Department of Justice’s new position on the Second Amendment, May 10, 2002

Interview with Laura Ingraham, CBS radio, on the Department of Justice’s new position on the Second Amendment, May 9, 2002

Call in radio show on Second Amendment issues, Midmorning with Katherine Lanpher, Minnesota Public Radio, May 9, 2002

Interview with Sam Donaldson, ABC radio, on the Department of Justice’s new position on the Second Amendment, May 8, 2002

Interview with Nina Totenberg, National Public Radio, on the Department of Justice’s new position on the Second Amendment, May 8, 2002 Page 47 of 48

“The Slandered Court: Putting the 2000 Term in Perspective,” Heritage Foundation Conference, Courtside View: Scholars and Scribes Look at the Supreme Court’s 2000-2001 Term, Washington, D.C., July 9, 2001, nationally broadcast on C-SPAN

“Annual Supreme Court Roundup,”Legal Notebook with Tom Jipping, nationally syndicated television broadcast, July 2, 2001

Interview, “Guns Rights and the New Administration,” NRA-Live, January 23, 2001

Interview, “Bush v. Gore,” WROW Radio, Albany, N.Y., December 14, 2000

Debate with Professor Frank Askin, “Bush v. Gore,” WNYC Radio (New York City public radio), December 13, 2000

Interview, “Bush v. Gore,” WTOP Radio, Washington, D.C., December 13, 2000

Interview and call-in show on Presidential Election Litigation, Newstalk, Channel 8 Television, Washington, D.C., December 12, 2000

Interview, “Presidential Election Litigation,” Janet Parshall’s America, nationally syndicated through the Salem Radio Network, December 6, 2000

Interview, “Presidential Election Litigation,” WTOP Radio, Washington, D.C., December 5, 2000

Interview, “Election 2000 Litigation,” on Legal Notebook with Tom Jipping, nationally syndicated television broadcast, December 2, 2000

Interview, “Presidential Election Litigation,” News Channel 8, November 21, 2000

Panel Discussion on “Handgun Control,” Capital Region Roundtable with Dr. Terri Travis, GMU-TV, broadcast during the week of September 18, 2000

Interview on the Second Amendment with Lee Rogers, KFSO radio, San Francisco, California, August 24, 2000

Interview on the Second Amendment with Charles Jaco, WMOX-CBS radio, St. Louis, Missouri, June 26, 2000

“Assisted Suicide,” Interview with Sarah McConnell, With Good Reason, broadcast on Virginia and Washington, D.C. public radio, May 22-26, 1999 Page 48 of 48

“Assisted Suicide and Euthanasia,” Newsfront with Ed Gordon, nationally broadcast on MSNBC News, November 24, 1998

“Gun Control after the Jonesboro Killings,” Interview with Alistair Sandford, Radio Four (BBC), March 26, 1998

“Assisted Suicide and the Constitution,” The Victoria Jones Show (nationally syndicated radio program), January 7, 1997

“Assisted Suicide and the Constitution,” The Oliver North Show (nationally syndicated radio program), January 6, 1997

Discussion: “The Worst Provisions in the United States Constitution,” The Diane Rehm Show (nationally syndicated radio program), January 11, 1996

“Commentary on the Jurisprudence of Justice Clarence Thomas,” Supreme Court Watch with Fred Graham, nationally broadcast on Court-TV, December 18, 1995

“Commentary on the Career of Chief Justice William H. Rehnquist,” Supreme Court Watch with Fred Graham, nationally broadcast on Court-TV, December 11, 1995

Interview: “The Second Amendment,” for Fred Graham’s Washington Watch, nationally broadcast on Court-TV, May 19, 20, 21, 1995

Interview, “The Constitutional Status of Private Militias,” for KCNN Radio, Grand Forks, ND, May 4, 1995

Interview for “Full Disclosure” (National Empowerment Television), on the application of employment laws to Congress, aired on August 25, 1994

BAR Texas, 1986