WASHINGTON AND LEE UNIVERSITY
SCHOOL OF LAW
Speaker Biographies Cybersurveillance in the Post-Snowden Age
Washington and Lee Law Review Lara D. Gass Symposium
January 23–24, 2015
Opening Dinner Keynote Speaker January 23, 2015
General Michael Hayden Principal, Chertoff Group Former Director of the CIA & NSA
General Michael Hayden is a retired four-star general who served as Director of the CIA and the NSA when the course of world events was changing at an accelerating rate. As head of the country’s keystone intelligence-gathering agencies, he was on the frontline of geopolitical strife and the war on terrorism. He understands the dangers, risks, and potential rewards of the political, economic, and security situations facing the planet. General Hayden dissects political situations in hot spots around the world, analyzing the tumultuous global environment and what it all means for the American people and America’s interests. He speaks on the delicate balance between liberty and security in intelligence work, as well the potential benefits and dangers associated with the cyber domain. As the former head of two multi-billion dollar enterprises, he can also address the challenges of managing complex organizations in times of stress and the need to develop effective internal and external communications. At the Center of Central Intelligence. General Hayden became Director of CIA in May of 2006, capping a career in service to the United States that included nearly 40 years in the Air Force. He served until 2009. From 2005–2006, General Hayden was the country’s first principal deputy director of national intelligence and the highest-ranking military intelligence officer in the country. From 1999–2005, Hayden had served as the Director of the National Security Agency (NSA) and chief of the Central Security Service (CSS) after being appointed by President Bill Clinton. He worked to put a human face on the famously secretive agency, explaining to the American people the role of the NSA and making it more visible on the national scene.
Lunch Keynote Speaker January 24, 2015
Bart Forsyth Chief of Staff, Congressman Jim Sensenbrenner (R-Wis.) U.S. House of Representatives
Bart Forsyth began his career in Washington as an Attorney Advisor at the U.S. Department of Labor. He has since served as legal counsel to four House congressional committees: Foreign Affairs, Science, Judiciary, and the Select Committee on Energy Independence and Global Warming, of which he was also chief of staff. In 2012, Bart Forsyth began his current role as Chief of Staff to Congressman Jim Sensenbrenner (R-Wis.). In this role, he has had the pleasure of assuming a lead staff role on both the USA FREEDOM Act—a bill to institute sweeping intelligence reforms—and the Voting Rights Amendment Act—a modernization of the historic civil rights legislation. Bart Forsyth graduated magna cum laude from Washington and Lee University School of Law.
Lunch Keynote Speaker January 24, 2015
David Medine Chairman Privacy & Civil Liberties Oversight Board
David Medine started full-time as Chairman of the Privacy and Civil Liberties Oversight Board on May 27, 2013. Previously, Mr. Medine was an Attorney Fellow for the Security and Exchange Commission and a Special Counsel at the Consumer Financial Protection Bureau. From 2002 to 2012, he was a partner in the law firm WilmerHale where his practice focused on privacy and data security, having previously served as a Senior Advisor to the White House National Economic Council from 2000 to 2001. From 1992 to 2000, Mr. Medine was the Associate Director for Financial Practices at the Federal Trade Commission (FTC) where, in addition to enforcing financial privacy laws, he took the lead on Internet privacy, chaired a federal advisory committee on privacy issues, and was part of the team that negotiated a privacy safe harbor agreement with the European Union. Before joining the FTC, Mr. Medine taught at the Indiana University (Bloomington) School of Law and the George Washington University School of Law. Mr. Medine earned his B.A. from Hampshire College and his J.D. from the University of Chicago Law School. The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent agency within the executive branch of the United States government, established by Congress in 2004 to advise the President and other senior executive branch officials to ensure that concerns with respect to privacy and civil liberties are appropriately considered in the development and implementation of all laws, regulations, and executive branch policies related to terrorism. The purpose of the board is two-fold: to analyze and review actions the executive branch takes to protect the nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; and to ensure that liberty concerns are appropriately considered in the development and implementation of law, regulations and policies related to efforts to protect the nation against terrorism. The Board has two main functions: (a) advice and counsel on policy development and implementation and (b) oversight. Its functions include reviewing proposed legislation, regulations and policies; advising the President and the departments and agencies of the executive branch; and continually reviewing the implementation of the regulations, policies, and procedures of the executive branch relating to terrorism to ensure that privacy and civil liberties are protected. In addition, the Board is specifically charged with responsibility for reviewing the terrorism information sharing practices of executive branch departments and agencies to determine whether they adhere to guidelines designed to appropriately protect privacy and civil liberties are being followed. In the course of performing these functions, the Board shall coordinate with the privacy and civil liberties officers in the relevant departments and agencies. The Board is authorized to have access to all relevant information necessary to fulfill its role, including classified information consistent with applicable law. The Board is required to report to Congress not less than semiannually.
Closing Dinner Keynote Speaker January 24, 2015
Shane Harris Author & Senior Correspondent The Daily Beast
Shane Harris is an author and journalist who has written extensively about intelligence and national security. His book @War: The Rise of the Military-Internet Complex (Eamon Dolan/Houghton Mifflin Harcourt, Nov. 2014) explores the frontlines of America’s new cyber war. Harris’ first book, The Watchers, tells the story of five men who played central roles in the creation of a vast national security apparatus and the rise of surveillance in America (Penguin Press, 2010). The Watchers won the New York Public Library’s Helen Bernstein Book Award for Excellence in Journalism, and the Economist named it one of the best books of 2010. Shane is the winner of the 2010 Gerald R. Ford Prize for Distinguished Reporting on National Defense. He has four times been named a finalist for the Livingston Awards for Young Journalists, which honor the best journalists in America under the age of 35. Harris is currently a senior correspondent at The Daily Beast, where he covers national security, intelligence, and cyber security. He is also an ASU Future of War Fellow at New America. His work has appeared in The New York Times, The Wall Street Journal, Slate, TheAtlantic.com, National Journal, The Washington Post, The Bulletin of the Atomic Scientists, and the U.S. Naval Institute’s Proceedings. He has provided analysis and commentary for CNN, NPR, the BBC, The History Channel, National Geographic, several foreign media organizations and many local public radio stations. Prior to joining The Daily Beast, Harris was a senior writer at Foreign Policy magazine and, before that, at the Washingtonian magazine, where he was part of the team that won the publication its 2011 award for Excellence in Writing from the City and Regional Magazine Association. In 2012, Washingtonian won the coveted General Excellence award for the print magazine and Web site, where Harris wrote a blog on national security called Dead Drop. From 2005 to 2010, Harris was a staff correspondent for National Journal, where he wrote about intelligence and homeland security. Before that post, he was the technology editor and a staff correspondent at Government Executive magazine. Harris also was the managing editor for Movieline magazine in Los Angeles. He began his journalism career in 1999, as the research coordinator and a writer for Governing magazine in Washington. Harris graduated from Wake Forest University with a B.A. in Politics in 1998. He is also a fiction writer. While living in Los Angeles, he helped found and served as the artistic director of a sketch comedy troupe. Shane is a Sundance Film Festival screenwriting finalist.
Closing Dinner Keynote Speaker January 24, 2015
Benjamin Wittes Senior Fellow, Governance Studies Brookings Institution
Benjamin Wittes is a senior fellow in Governance Studies at The Brookings Institution. He co- founded and is the editor-in-chief of the Lawfare blog, which is devoted to sober and serious discussion of "Hard National Security Choices," and is a member of the Hoover Institution’s Task Force on National Security and Law. He is the author of Detention and Denial: The Case for Candor After Guantanamo, published in November 2011, co-editor of Constitution 3.0: Freedom and Technological Change, published in December 2011, and editor of Campaign 2012: Twelve Independent Ideas for Improving American Public Policy (Brookings Institution Press, May 2012). He is also writing a book on data and technology proliferation and their implications for security. He is the author of Law and the Long War: The Future of Justice in the Age of Terror, published in June 2008 by The Penguin Press, and the editor of the 2009 Brookings book, Legislating the War on Terror: An Agenda for Reform. His previous books include Starr: A Reassessment, published in 2002 by Yale University Press, and Confirmation Wars: Preserving Independent Courts in Angry Times, published in 2006 by Rowman & Littlefield and the Hoover Institution. Between 1997 and 2006, he served as an editorial writer for The Washington Post specializing in legal affairs. Before joining the editorial page staff of The Washington Post, Wittes covered the Justice Department and federal regulatory agencies as a reporter and news editor at Legal Times. His writing has also appeared in a wide range of journals and magazines including The Atlantic, Slate, The New Republic, The Wilson Quarterly, The Weekly Standard, Policy Review, and First Things. Benjamin Wittes was born in Boston, Massachusetts. He graduated from Oberlin College in 1990, and he has a black belt in taekwondo.
Merritt Baer Tech Advisor and Cyber Strategist Office of Cybersecurity & Communications U.S. Department of Homeland Security
Merritt Baer provides entities with technological expertise and strategic intelligence, and advises the government as a Cyber Strategist in the headquarters of DHS’ Office of Cybersecurity and Communications. She bridges between emerging technologies and the government policies that develop around them, providing business insights with an awareness of the law and legislative considerations. She has a strong publication record and speaks regularly on emerging areas including the future of the Internet, corporate interactions with government cyber, women in tech, cybersecurity, Internet law and policy, entrepreneurism and innovation. Baer is a graduate of Harvard College and Harvard Law School. In law school, Baer conducted research at Harvard’s Berkman Center for Internet and Society, structuring individual research questions on the horizon of law, technology and business. Baer has experience in all three branches of government, including the US Court of Appeals for the Armed Forces (highest appellate court of the US Military), and the office of US Senator Michael Bennet (D-CO). Baer now works directly with government on cyber critical infrastructure protection. She also works with young tech companies on every stage of business development, from IP to data retention policy to stock structure. She provides micro and macro tech advising to business organizations, helping entities to shape informed innovation. Baer is based in Washington, DC. She is a Fellow at the EastWest Institute, an Adjunct Professor at the University of Maryland, and an amateur boxer.
William C. Banks Distinguished Professor of Law, and Professor of Public Administration and International Affairs, Maxwell School of Citizenship and Public Affairs; Founding Director, Institute for National Security & Counterterrorism Syracuse University College of Law
Professor William C. Banks is an internationally recognized authority in national security, counterterrorism, international humanitarian, and constitutional law. By co-authoring the textbooks National Security Law (now in its fifth edition) and Counterterrorism Law (now in its second edition), he has helped set the parameters for these fields of study, and he is the author and/or editor of numerous other books, including Counterinsurgency Law: New Directions in Asymmetric Warfare and New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare. The subjects of his many book chapters and articles range from the military use of unmanned aerial vehicles, to terrorism in South America, to the role of the military in domestic affairs. Recent writing includes Regulating Cyber Conflict; Regulating Drones: Military Law and CIA Practice and the Shifting Challenges of New Technologies; Exceptional Courts in Counterterrorism: Lessons from the Foreign Intelligence Surveillance Act (FISA); and Programmatic Surveillance and FISA: Of Needles in Haystacks. In 2008, Banks was named the first College of Law Board of Advisors Distinguished Professor at Syracuse University, where he has been a member of the faculty for more than 30 years. In addition to teaching national security law and counterterrorism law at SU, he lectures around the globe on various national security and constitutional law-related topics and on comparative legal systems. His current research interests include cybersecurity, the military use of drones, domestic and international terrorism, emergency and war powers, and emergency preparedness and response. A graduate of the University of Nebraska (B.A. 1971) and the University of Denver (J.D. 1974; M.S. 1982), Banks joined the faculty of the SU College of Law in 1978. In 1998, he was appointed a Professor of Public Administration in SU’s Maxwell School of Citizenship and Public Affairs, and he was named a Laura J. and L. Douglas Meredith Professor for Teaching Excellence in the same year. In 2003, Banks founded INSCT, and in 2005, he received his SU College of Law Board of Advisors professorship. Among his public service appointments, Banks has served as a Special Counsel to the US Senate Judiciary Committee and worked with the committee on the confirmation hearings for Supreme Court nominee Stephen G. Breyer. He serves on the ABA Standing Committee on Law and National Security, is a member of the InfraGard National Members Alliance Board of Advisors, the Advisory Council for the Perpetual Peace Project, and the Executive Board of the International Counter-Terrorism Academic Community (ICTAC). He is the Editor-in-Chief of the Journal of National Security Law & Policy and a Distinguished Fellow of the Institute for Veterans and Military Families at Syracuse University.
Robert M. Chesney Associate Dean for Academic Affairs Charles I. Francis Professor in Law University of Texas School of Law
Bobby Chesney is the Charles I. Francis Professor in Law and Associate Dean for Academic Affairs at the University of Texas School of Law. In addition, he is the Director-Designate of the Robert S. Strauss Center for International Security and Law. In 2009, Professor Chesney served in the Justice Department in connection with the Detention Policy Task Force created by Executive Order 13493. He also previously served the Intelligence Community as an associate member of the Intelligence Science Board and as a member of the Advanced Technology Board. In addition to his current positions at the University of Texas, he is a non-resident Senior Fellow of the Brookings Institution, a member of the American Law Institute, a senior editor for the Journal of National Security Law & Policy, and a past chair of Section on National Security Law of the Association of American Law Schools (as well as of the AALS Section on New Law Teachers). He is a co-founder and contributor to www.lawfareblog.com, the leading source for analysis, commentary, and news relating to law and national security. Professor Chesney’s scholarship focuses on U.S. national security policies and institutions, encompassing both domestic and international law issues. Among other things, he has written about military detention, the use of lethal force, civilian criminal prosecution in terrorism-related cases, civil litigation involving the state secrets privilege, and the convergence of functions across the military and the Intelligence Community. Pending projects include two books under contract with Oxford University Press (one that places the legal debates of the post-9/11 period in long-term historical context, and the other examining the evolving judicial role in national security affairs). Professor Chesney’s articles may be downloaded from SSRN. In addition to his blogging at Lawfare, those interested in national security law should consider following Professor Chesney on Twitter (@bobbychesney), and might also be interested in the listserv he operates for those interested in receiving updates on national security law developments (to join the listserv, just send him an email with a request to that effect). Professor Chesney is a magna cum laude graduate of both Texas Christian University and Harvard Law School. After law school he clerked for the Honorable Lewis A. Kaplan of the United States District Court for the Southern District of New York and the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit. He then practiced with the firm Davis Polk & Wardwell in New York (litigation), before beginning his academic career with Wake Forest University School of Law. There he received a teacher of the year award from the student body in one year, and from the school’s dean in another. In 2008 he came to the University of Texas School of Law as a visiting professor, and then joined UT on a permanent
basis in 2009. He became the Associate Dean for Academic Affairs in 2011. Professor Chesney has taught a variety of courses over the years, including Constitutional Law, National Security Law, Evidence, Civil Procedure, and an array of security-related seminars. During the 2013-14 academic year, he will be teaching Constitutional Law I during the fall semester, and in the spring will be teaching both National Security Law and The Law of Armed Conflict.
Danielle Citron Lois K. Macht Research Professor of Law University of Maryland Francis King Carey School of Law
Professor Danielle Citron is the Lois K. Macht Research Professor & Professor of Law at the University of Maryland Francis King Carey School of Law. She teaches Civil Procedure, Information Privacy Law, and legal writing. She was voted the "Teacher of the Year" by the University of Maryland law school students in 2005. Professor Citron is the author of Hate Crimes in Cyberspace (Harvard University Press September 2014). Her book chapter “Civil Rights in the Information Age” appeared in The Offensive Internet: Speech, Privacy, and Reputation edited by Martha Nussbaum & Saul Levmore (Harvard University Press 2010). She has written articles in the California Law Review, Michigan Law Review, Minnesota Law Review, Southern California Law Review, Washington University Law Review, Boston University Law Review, George Washington Law Review, Washington Law Review, and many others. Her opinion pieces have appeared in the New York Times, CNN, the Guardian, Slate, and the Baltimore Sun. Professor Citron has been interviewed and quoted in articles and broadcasts in the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, San Francisco Chronicle, Philadelphia Inquirer, Baltimore Sun, Al-Jazeera America, Forbes, Barron’s, Atlantic, Glamour, Self, Teen Vogue, Marie Claire, Slate, Newsweek, Associated Press, NPR, ABC, CNN, CBS News, Fox News, Salon.com, Gawker, the Guardian, and Walrus TV (Canada). Professor Citron serves as an Adviser to American Law Institute’s Restatement Third, Information Privacy Principles Project. She is an Affiliate Fellow at the Yale Information Society Project and an Affiliate Scholar at the Stanford Center on Internet and Society. She serves on the advisory boards of the Electronic Privacy Information Center, Future of Privacy, Without My Consent, and Teach Privacy. She serves on the Board of Directors of the Cyber Civil Rights Initiative. She is a contributor at Forbes.com and at Concurring Opinions, a blog devoted to law, culture, and current events. Professor Citron testified at the House of Commons before the Inter-Parliamentary Coalition for Combatting Anti-Semitism Task Force on Internet Hate, of which she is a task force member, and has submitted written testimony in support of privacy legislation. She has given talks at the Department of Homeland Security, National Network to End Domestic Violence, Free Expression Network, U.S. Holocaust Museum, Anti-Defamation League, International Network
Against Cyber Hate, and New America Foundation, as well as at numerous universities, including Columbia, Harvard, Princeton, Yale, Stanford, University of Chicago, New York University, University of California at Berkeley, University of Colorado, University of Michigan, University of Minnesota, University of Denver, Fordham, Wake Forest, Washington University, William & Mary, and Emory. In December 2009, the Denver University Law Review devoted a conference to her work on cyber harassment entitled Cyber Civil Rights: New Challenges to Civil Rights and Civil Liberties in the Information Age.
Aly Colón John S. and James L. Knight Chair in Media Ethics Washington and Lee University
Aly Colón is the John S. and James L. Knight Chair in Media Ethics at Washington and Lee University.Colón has a long background in news and journalism ethics, most recently serving as Director of Standards and Practices at NBC News. He was assigned to Telemundo Network News, the second-largest Spanish-language network in the United States, and was responsible for applying ethical decision-making to the news operation, providing ethics training to reporters and producers, and reviewing scripts, video and digital news coverage. Colón is a former Ethics Group Leader at the Poynter Institute in St. Petersburg, Fla., where he taught and oversaw ethics training for young and mid-career journalists. He has also consulted for and trained journalists in numerous newsrooms throughout the United States, and served as a diversity coach and consultant for Public Radio International, the American Society of News Editors and several other organizations. Colón succeeds Edward Wasserman, who left in January 2013 to become dean of the graduate journalism program at the University of California, Berkeley. The Knight Program has been led this year by interim Knight Chair Arthur Brisbane, former publisher of The Kansas City Star and public editor of The New York Times. A native of Santurce, Puerto Rico, he has lived in Germany, the Panama Canal Zone and 10 U.S. states. He has traveled through most of the United States, Canada, Mexico, Europe and the Caribbean. He has a bachelor’s degree in journalism from Loyola University of New Orleans and a master’s in journalism from Stanford University. He began his newspaper career with Fairchild News Service in Seattle and worked at three daily newspapers, including The Seattle Times, where he was assistant metro editor and diversity reporter and coach. Colón is married to Sheila Nolan Colón, a college educator and administrator. They have an 18-year-old daughter, Christina Jane. The Knight Chair enables the university to develop a program with emphasis in three areas: (1) an expanded undergraduate curriculum in journalism ethics, of particular interest to journalism majors but open to all students, (2) increased offerings for continuing professional education in journalism ethics, on campus, at regional and national conferences, and in newsrooms throughout the country, and (3) education of the general public by creating a quick-response team of editors and teachers to address issues of journalism ethics while they are fresh in the public’s mind and by developing materials for newspapers, magazines and television.
Gavin A. Corn
Senior Trial Attorney, Computer Crime and Intellectual Property Section, Criminal Division
U.S. Department of Justice
Gavin Corn joined the Criminal Division of the United States Department of Justice in 1996 through the Honors Graduate Program. He worked in the Narcotic and Dangerous Drug Section for several years, serving long term details at the United States Attorney’s Offices in the Eastern District of Virginia, the District of Arizona, the District of Massachusetts, and the District of Columbia. He also handled many investigations and prosecutions against high priority drug trafficking organizations as part of the Department’s Bilateral Case Initiative. Corn later served in both the Organized Crime and Racketeering Section and the Computer Crime and Intellectual Property Section, handling both policy matters and criminal investigations and prosecutions. After serving as the Department’s Resident Legal Advisor to the Southeast European Cooperative Initiative’s Center for Combating Transborder Crime in Bucharest, Romania, Corn began a U.S. initiative targeting Romanian-based cybercrime organizations that resulted in dozens of arrests and prosecutions both in the U.S. and abroad. Corn was instrumental in creating the International Organized Crime Intelligence and Operations Center (IOC-2), where he has served both as Chief Counsel and Acting Director. Corn graduated from Dickinson College in Carlisle, Pennsylvania, magna cum laude, and from the University of Virginia School of Law, Order of the Coif and a member of the Editorial Board of the Virginia Law Review. He clerked for the Honorable Jose A. Gonzalez, Jr., of the United States District Court in the Southern District of Florida from 1994 to 1996.
Geoffrey Corn Professor of Law and Presidential Research Professor South Texas College of Law
Geoffrey S. Corn joined the South Texas faculty in 2005, where he has taught National Security Law, The Law of Armed Conflict, Criminal Law, Criminal Procedure, Comparative Terrorism Law, International Law, Ethics for Prosecutors, and Military Law for Civilian Practitioners. His areas of expertise include: criminal law, military law, national security law, and public international law. Prior to joining the faculty, Professor Corn spent 22 years in the service of our nation as an Army officer and civilian employee. In his last position in the Army he served as the Army’s senior law of war expert in the Office of the Judge Advocate General and Chief of the Law of War Branch in the International Law Division. Prior to serving in the position, Professor Corn spent 21 years on active duty in the Army, retiring in the rank of Lieutenant Colonel in the Judge Advocate General’s Corps. His military career included service as a tactical intelligence officer in Panama, Chief Prosecutor for the 101st Airborne Division, Chief of International Law for United States Army Europe, and Regional Defense Counsel for the Western United States, and as a Professor of International and National Security Law at the Army JAG School in Charlottesville, Virginia. Professor Corn is the faculty adviser to the National Security Law Society at South Texas. Professor Corn earned his B.A. magna cum laude from Hartwick College, his J.D. (with highest honors, Order of the Coif) from George Washington University, and his LL.M. (distinguished graduate first in class) from the Army Judge Advocate General’s School. He is also a graduate of the Army Command and Staff College. Professor Corn has been awarded the Student Bar Association’s All Faculty Teaching Award (2007), and the All Faculty Advising Award (2006 and 2008).Professor Corn’s recent scholarship has appeared in the Temple Law Review, Houston Law Review, Israel Law Review, Vanderbilt Journal of Transnational Law, and The Naval War College Annual International Law Review. Professor Corn is a co-author on a forthcoming Oxford University text analyzing application of the laws of war to the war on terror.
Jennifer Daskal Assistant Professor of Law American University Washington College of Law
Jennifer Daskal joined American University Washington College of Law (WCL) in 2013 as an Assistant Professor of Law. She teaches and writes in the fields of criminal law, national security law, and constitutional law. From 2009-2011, Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice and, among other things, served on the Secretary of Defense and Attorney General-led Detention Policy Task Force. Prior to joining DOJ, she was the senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff. She spent two years before joining WCL’s faculty as a national security law fellow and adjunct professor at Georgetown Law Center. Daskal is a graduate of Brown University, Harvard Law School, and Cambridge University, where she was a Marshall Scholar. Recent publications include Pre-Crime Restraints: The Explosion of Targeted, Non-Custodial Prevention, 99 CORNELL L. REV. 327 (2014), After the AUMF, 5 HARVARD NAT’L SEC. L.J. 115 (2014) (co-authored with Steve Vladeck), and The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ‘Hot’ Conflict Zone, 171 PENN. L. REV. 1165 (2013). Daskal has published op-eds in the New York Times, Washington Post, International Herald Tribune, L.A. Times, and Salon.com, and she has appeared on BBC, C-Span, CNN, MSNBC, and NPR, among other media outlets. She is Founding Editor of and regular contributor to the recently launched Just Security blog.
Ashley S. Deeks Associate Professor of Law University of Virginia School of Law
Ashley Deeks joined the Law School in 2012 as an associate professor of law after two years as an academic fellow at Columbia Law School. Her primary research and teaching interests are in the areas of international law, national security and the laws of war. She has written a number of articles on the use of force, administrative detention, the laws of war and the Iraqi constitution. Before joining Columbia in 2010, she served as the assistant legal adviser for political-military affairs in the U.S. Department of State’s Office of the Legal Adviser, where she worked on issues related to the law of armed conflict, the use of force, conventional weapons, and the legal framework for the conflict with al-Qaida. She also provided advice on intelligence issues. In previous positions at the State Department, Deeks advised on international law enforcement, extradition and diplomatic property questions. In 2005, she served as the embassy legal adviser at the U.S. embassy in Baghdad, during Iraq’s constitutional negotiations. Deeks was a 2007-08 Council on Foreign Relations international affairs fellow and a visiting fellow in residence at the Center for Strategic and International Studies. Deeks received her J.D. with honors from the University of Chicago Law School, where she was elected to the Order of the Coif and served as comment editor on the Law Review. After graduation, she clerked for Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit.
Nora V. Demleitner Dean and Roy L. Steinheimer, Jr. Professor of Law
Washington and Lee University School of Law
Dean Nora Demleitner received her J.D. from Yale Law School, her B.A. from Bates College, and an LL.M. with distinction in International and Comparative Law from Georgetown University Law Center. After law school Dean Demleitner clerked for the Hon. Samuel A. Alito, Jr., then a member of the U.S. Court of Appeals for the Third Circuit. She testified in front of the U.S. Senate on behalf of Justice Alito’s nomination to the U.S. Supreme Court. Dean Demleitner teaches and has written widely in the areas of criminal, comparative, and immigration law. Her special expertise is in sentencing and collateral sentencing consequences. At conferences around the country she regularly speaks on sentencing matters, often in a comparative context, and on issues pertaining to the state of legal education. Dean Demleitner has also lectured widely in Europe. She has served as a visiting professor at the University of Michigan Law School, the University of Freiburg, Germany, St. Thomas University School of Law in Miami, and the Sant’ Anna Institute of Advanced Research in Pisa, Italy. In addition, she has been a visiting researcher at the Max-Planck-Institute for Foreign and International Criminal Law in Germany, funded by a German Academic Exchange Service grant. Dean Demleitner is an editor of the Federal Sentencing Reporter, and serves on the executive editorial board of the American Journal of Comparative Law. She is the lead author of Sentencing Law and Policy, a major casebook on sentencing law, published by Aspen Law & Business. Her articles have appeared in the Stanford, Michigan, and Minnesota Law Reviews, among others. Dean Demleitner is an elected member of the American Law Institute and the International Society of Comparative Law and a Fellow of the American Bar Foundation.
Mark A. Drumbl Class of 1975 Alumni Professor of Law & Director, Transnational Law Institute Washington and Lee University School of Law
Mark Drumbl is the Class of 1975 Alumni Professor at Washington & Lee University, School of Law, where he also serves as Director of the University’s Transnational Law Institute. He has held visiting appointments on the law faculties of Oxford University (University College), Université de Paris II (Panthéon-Assas), Vanderbilt University, University of Ottawa, Trinity College-Dublin, University of Western Ontario, and University of Illinois College of Law. In 2010, Professor Drumbl was appointed Visiting Scholar and Senior Fellow, at the University of Melbourne, Faculty of Law; Visiting Professor, Centre for Applied Philosophy and Ethics (Charles Sturt University/Australian National University) and Parsons Visitor, Faculty of Law, University of Sydney; 2014 – Visiting International Senior Fellow, Monash University, School of Law, Melbourne (Australia).
Professor Drumbl’s research and teaching interests include public international law, global environmental governance, international criminal law, post-conflict justice, and transnational legal process. His work has been relied upon by the Supreme Court of Canada, the United Kingdom High Court, United States Federal Court, and the Supreme Court of New York in recent decisions.
In 2012, he published Reimagining Child Soldiers in International Law and Policy (Oxford University Press). This ground-breaking book challenges much of conventional wisdom when it comes to preventing child soldiering, meaningfully reintegrating child soldiers, and engaging with former child solders as vibrant contributors to post-conflict reconciliation. Drumbl suggests a number of reforms to international law and policy on this most topical issue. To date, this book has been reviewed in several venues: American Journal of International Law, Criminal Law and Philosophy, Social and Legal Studies, Canadian Yearbook of International Law, Melbourne Journal of International Law, Journal of the Philosophy of International Law, European Journal of International Law, British Yearbook of International Law, Political Studies Review, Chinese Journal of International Law, Lawfare blog, Think Africa Press, War Studies Publications, Journal of International Criminal Justice, African Journal of Legal Studies, and Human Rights Quarterly.
Professor Drumbl’s first book, Atrocity, Punishment, and International Law (Cambridge University Press, 2007) has received critical acclaim. It rethinks—in theory and in practice—how individuals who perpetrate genocide and crimes against humanity should be punished. Atrocity, Punishment, and International Law received the 2007 Book of the Year Award by the
International Association of Criminal Law (U.S. national section). In 2009, the book was recognized by the American Society of International Law as first runner-up (honorable mention) for the prestigious Certificate of Merit for Outstanding Contribution to Creative Scholarship. Reviews of Atrocity, Punishment, and International Law appear in the legal literature, including in , Ethics, the Journal of Conflict & Security Law, the International Community Law Review, the Buffalo Law Review, Jura Gentium, Michigan Law Review, the Journal of International Criminal Justice, the American Journal of International Law, the Journal of Criminal Law and Criminology, the Chinese Journal of International Law, the International Journal on World Peace, the International Journal of Transitional Justice, the Leiden Journal of International Law, the Melbourne Journal of International Law, Peace and Change, Human Rights Quarterly, and the New York University Journal of International Law & Policy; H-Net Book Review; with briefer reviews in the human rights and political science literature.
Professor Drumbl’s articles have appeared in the NYU, Michigan, Northwestern, George Washington, Tulane, and North Carolina Law Reviews, a number of peer-review journals, including Human Rights Quarterly, with shorter pieces in the American Journal of International Law and many other periodicals. Professor Drumbl also has authored chapters in edited volumes. He is a frequent presenter at academic symposia, conferences, invited endowed lectures, and workshops. His article Collective Violence and Individual Punishment: The Criminality of Mass Atrocity, 99 NW. U. L. REV. 539 (2005) received the Association of American Law Schools Outstanding Scholarly Papers Prize. His work on Rwanda has been reviewed as "exemplary" in its treatment of "the possibilities of the coexistence of victims and survivors within the same society after the event" by the Times Literary Supplement in its Learned Journals review.
Prior to entering law teaching, Professor Drumbl was judicial clerk to Justice Frank Iacobucci of the Supreme Court of Canada. His practice experience includes international arbitration, commercial litigation, and he was appointed co-counsel for the Canadian Chief-of-Defense-Staff before the Royal Commission investigating military wrongdoing in the UN Somalia Mission. In 2012, he was appointed to the Global Engagement Advisory Committee of the Association of American law Schools. Professor Drumbl has served as an expert in ATCA litigation in the U.S. federal courts (expert for the successful plaintiffs in Almog v. Arab Bank, 2007 WL 214433 (E.D.N.Y., 2007)) and in U.S. immigration court, as defense counsel in the Rwandan genocide trials, has consulted with various organizations, and has taught international law in Pakistan, Finland, Uganda, The Netherlands, Italy, and Brazil. Prior to joining Washington & Lee, he served on the faculties of Columbia University, School of Law, as Associate-in-Law, and the University of Arkansas-Little Rock.
Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute, Washington & Lee University, 2007— ; Visiting Professor, University of Illinois College of Law (February 2008); Professeur invité, Université de Paris II (Panthéon-Assas) (March 2008); Faculty, International Institute for Higher Studies in Criminal Sciences, Siracusa, Italy, 2007; Visiting Professor, University of Ottawa, Faculty of Law (January 2007); Professor of Law and Director, Transnational Law Institute, Washington & Lee University, 2006-2007; Associate Professor of Law (with tenure), Washington & Lee University, 2004-2006; Visiting Fellow, University College, Oxford University (Michaelmas Term 2005); Visiting Associate Professor, Vanderbilt University, School of Law (September 2005); Visiting Scholar, Trinity College, University of Dublin (May 2006); Assistant Professor of Law, Washington & Lee University, 2002-2004; Ethan Allen Faculty Fellow, 2003-2007; Visiting Professor of Law, Washington & Lee University, 2001.
Joshua A.T. Fairfield Professor of Law Washington and Lee University School of Law
Joshua Fairfield is an internationally recognized law and technology scholar, specializing in digital property, electronic contract, big data privacy, and virtual communities. He has written on the law and regulation of e-commerce and online contracts and on the application of standard economic models to virtual environments. Professor Fairfield’s current research focuses on big data privacy models and the next generation of legal applications for cryptocurrencies. His articles on protecting consumer interests in an age of mass-market consumer contracting regularly appear in top law and law-and-technology journals, and policy pieces on consumer protection and technology have appeared in the New York Times, Forbes, and the Financial Times, among other outlets. Before entering the law, Professor Fairfield was a technology entrepreneur, serving as the director of research and development for language-learning software company Rosetta Stone. Professor Fairfield consults with U.S. government agencies, including the White House Office of Technology and the Homeland Security Privacy Office, on national security, privacy, and law enforcement within online communities and as well as on strategies for protecting children online. From 2009 to 2012, he provided privacy and civil liberties oversight for Intelligence Advance Research Project Activity (IARPA) research programs in virtual worlds. In 2012-13 he was awarded a Fulbright Grant to study trans-Atlantic privacy law at the Max Planck Institute for Research on Collective Goods in Bonn, Germany. He was elected a member of the American Law Institute in 2013.
John Falk Founder & President Vigilent Inc.
John Falk is the Founder and President of Vigilent, Inc., a Washington D.C. based technology company started in 2011. The company was founded to facilitate the development of a comprehensive Bio-Terrorism Threat Response System, and develops and advances bio- surveillance intelligence systems through UAVs/drones and software solutions for the defense, homeland security, law enforcement, intelligence, and first responder community. Falk is also an adjunct Professor of Law at George Washington University School of Law, teaching Arbitration and, in the past, has also taught Federal Appropriations Law, Government Contracting, and International Development to Federal Government Agencies. His legislative experience includes service as Legislative Assistant to Representative James Kolbe (R-Arizona) and Policy Advisor to the U.S. Senate Committee on Government Affairs and Senator David Pryor (D-Arkansas).
David Gray Professor of Law University of Maryland Frances King Carey School of Law
David Gray teaches criminal law, criminal procedure, international criminal law, and jurisprudence. He was voted “Professor of the Year” in 2012. His scholarly interests focus on transitional justice, criminal law, criminal procedure, and constitutional theory. His recent publications have appeared or are forthcoming in Minnesota Law Review, Texas Law Review, the Journal of Criminal Law and Criminology, American Criminal Law Review, Vanderbilt Law Review, California Law Review, Alabama Law Review, Washington University Law Review, Stanford Law Review, Law & Contemporary Problems, Fordham Law Review, and in other leading journals as well as in prominent volumes edited by leading scholars. In addition to his own scholarship, Professor Gray works closely with students to develop and publish their work. Recent work written by or with his students has appeared in the Encyclopedia of Criminology and Criminal Justice, New England Law Review, the Federal Sentencing Reporter, Vermont Law Review, Maryland Law Review, and in edited collections. Consistent with the Law School’s mission as a public educational institution, Professor Gray frequently provides expert commentary for local and national media outlets. Prior to joining the School of Law Faculty, Professor Gray practiced law at Williams & Connolly LLP, was a Visiting Assistant Professor at Duke University School of Law, and served as a clerk in the chambers of The Honorable Chester J. Straub, U.S. Court of Appeals for the Second Circuit, and The Honorable Charles S. Haight, Jr., U.S. District Court for the Southern District of New York. Professor Gray is admitted to the Massachusetts, Pennsylvania, and District of Columbia bars. He also serves on the Law and Philosophy Committee of the American Philosophical Society.
Woodrow N. Hartzog Associate Professor Samford University Cumberland School of Law
Professor Woodrow Hartzog is an internationally-recognized expert in the area of privacy, media, and robotics law. He has been quoted or referenced in numerous articles and broadcasts, including NPR, the New York Times, the Los Angeles Times, and USA Today. His recent work focuses on the complex problems that arise when personal information is collected by powerful new technologies and disclosed online. Prof. Hartzog’s work has been published in numerous scholarly publications such as the Columbia Law Review, California Law Review, and Michigan Law Review and popular national publications such as Wired, Bloomberg, New Scientist, The Atlantic, and The Nation. He is also a contributor to Forbes and a frequent guest contributor to LinkedIn, Concurring Opinions, and other popular blogs. Before joining the faculty at Cumberland School of Law, Prof. Hartzog worked as a trademark attorney at the United States Patent and Trademark Office in Alexandria, Virginia, and as an associate attorney at Burr & Forman LLP in Birmingham, Alabama. He also served as a clerk for the Electronic Privacy Information Center in Washington, D.C., and was a Roy H. Park Fellow, at the School of Journalism and Mass Communication at the University of North Carolina at Chapel Hill. Prof. Hartzog is an Affiliate Scholar at the Center for Internet and Society at Stanford Law School. He also serves on the advisory board of the Future of Privacy Forum.
Margaret Hu Assistant Professor of Law Washington and Lee University School of Law
Margaret Hu is an Assistant Professor of Law at Washington and Lee University School of Law. Her research interests include the intersection of immigration policy, national security, cybersurveillance, and civil rights. At Washington and Lee University School of Law, Hu teaches Constitutional Law; American Public Law Process, combining Legislation and Regulation with Administrative Law; Federal Civil Rights Law and Policy; and a seminar in Cybersurveillance and Privacy Law. Previously, Hu served as senior policy advisor for the White House Initiative on Asian Americans and Pacific Islanders, and also served as special policy counsel in the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice, in Washington, D.C.
Hu received her B.A. in East Asian Languages and Cultures from the University of Kansas and her J.D. from Duke Law School. She is a Truman Scholar, Foreign Language Area Studies Scholar, and recipient of a Duke Law School Merit Scholarship. She clerked for Judge Rosemary Barkett on U.S. Court of Appeals for the Eleventh Circuit, and subsequently joined the U.S. Department of Justice through Attorney General’s Honors Program under Attorney General Janet Reno.
Hu has served in various leadership positions, including: Advisory Board, Future of Privacy Forum; vice chair, Kansas Commission for National and Community Service, by gubernatorial appointment; Board of Directors, Harry S. Truman Library and Museum; Board of Directors, University of Kansas Memorial Corporation; National Governing Board, National Asian Pacific American Women’s Forum; Dean’s Advisory Council, Duke Law School.
Christopher Jenks Director of the Criminal Justice Clinic & Assistant Professor of Law
SMU Dedman School of Law
Professor Jenks joined the SMU Law faculty in 2012. He teaches and writes on the law of armed conflict and criminal justice. Professor Jenks is an internationally respected expert on the law of armed conflict. He is the co-author of a law of armed conflict textbook, co-editor of a forthcoming war crimes casebook, and served as a peer reviewer of the Talinn Manual on the International Law Applicable to Cyber Warfare. He has published articles on drones, child soldiers, extraordinary rendition, law of war based detention, targeting and government contractors. He has also spoken on those same topics at universities and institutes in Australia, Italy, South Africa and the U.S., and with the militaries of the Republic of Yemen and several different European and African countries. He recently served as a consultant to the Office of the Secretary of Defense on U.S. military security sector reform in the Democratic Republic of the Congo. Prior to joining the SMU faculty, Professor Jenks served for over 20 years in the military. After graduating from West Point, Professor Jenks was commissioned as an Infantry officer in the U.S. Army. He served as a rifle platoon leader, executive officer and in battalion and brigade staff positions in the U.S., Europe, and in deployments to Kuwait and Bosnia. Following graduation from law school, Professor Jenks transitioned to the U.S. Army JAG Corps and was assigned as the primary international and operational law advisor near the demilitarized zone between North and South Korea. During this assignment, he defended Status of Forces Agreement rights of American soldiers during South Korean interrogations and trials in high profile and politically sensitive criminal cases. Following his return to the U.S. in 2003, Professor Jenks served as the lead prosecutor in the Army’s first counterterrorism case, a fully contested, classified court-martial of a soldier attempting to aid al qaeda. He coordinated the investigative efforts of 30 law enforcement agents from four separate federal agencies on three continents and the Department of Justice’s Counterterrorism section nominated him for the John Marshall Award for Interagency Cooperation. In 2004, he deployed to Mosul, Iraq and served as chief legal advisor to a Stryker Brigade Combat Team comprised of over 4000 soldiers. There he provided targeting advice for the employment of artillery, close air support and direct fire weapons during enemy engagements in a city of two million people. He also advised investigations and served as prosecutor for crimes
against the civilian population, detainee abuse, and fratricide. He also wrote and briefed rules of engagement crucial to the success of the first free elections in Iraq in more than three decades. Before moving to Dallas, Professor Jenks was most recently stationed in Washington D.C., holding numerous positions, including senior litigation attorney and deputy division chief of the U.S. Army’s litigation division, attorney adviser at the Department of State and his most recent position as chief of the International Law Branch of the Office of The Judge Advocate General in the Pentagon. While at the Department of State, Professor Jenks served at the U.S. mission to the United Nations in New York City and represented the U.S. during negotiations on cultural and humanitarian resolutions pending before the Third Committee of the UN General Assembly. As the Army’s international law branch chief, he oversaw the foreign exercise of criminal jurisdiction over US service members, represented the Department of Defense at status of forces agreement negotiations and served as the legal advisor to the U.S. Military Observers Group, which provides military officers to United Nations Missions around the world. Through two decades of military service, Professor Jenks received the Valorous Unit Award, the Bronze Star Medal, and both the Expert Infantryman and Parachutist Badges. Assistant Professor Chris Jenks has been awarded a Fulbright Scholars Grant to spend six months in Australia researching how emerging technologies impact accountability in armed conflict. In January 2015, Jenks began working in Melbourne at the Asia Pacific Centre for Military Law (APCML), a collaborative initiative between the Australian Department of Defense and Melbourne Law School.
Jeffrey Kahn Professor of Law SMU Dedman School of Law
Jeffrey Kahn joined the SMU Law faculty in Fall 2006. He teaches and writes on American constitutional law, Russian law, human rights, and counterterrorism. In 2007-2008, he received the Maguire Teaching Fellow Award from the Cary M. Maguire Center for Ethics and Public Responsibility at SMU for his seminar, “Perspectives on Counterterrorism.” In 2008-2009, he was named a Colin Powell Fellow of the John Goodwin Tower Center for Political Studies. In 2010, he received SMU’s Outstanding Faculty Award, a university-wide award given each year to a junior, tenure-track faculty member for excellence in teaching, curricular development, and scholarship. In 2011, the year he was tenured and promoted to associate professor, he received the Law School’s Excellence in Teaching Award. His latest research on U.S. legal topics focuses on the right to travel and national security law. His most recent book, Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists (University of Michigan Press, 2013), critically examines the U.S. Government’s No Fly List. Among other publications, his articles have appeared in the UCLA Law Review, Michigan Law Review, and the peer-reviewed Journal of National Security Law and Policy. His work on Russian law has been noted by name by the editors of the New York Times and published in various law reviews as well as the peer-reviewed journals Post-Soviet Affairs and Review of Central and East European Law. His latest research has focused primarily on the influence in Russia of the European Convention on Human Rights. In 2011, Russian President Dmitrii Medvedev’s Human Rights Council asked him─the one American among six other experts from Russia, one from Germany, and one from the Netherlands─to write an expert report on the second conviction of Mikhail Khodorkovsky and Platon Lebedev. This work and its repercussions was described in a recent essay published in the New York Times (online) and International Herald Tribune (print). He is a graduate of Yale College, Oxford University (where he won the Hodgson Martin Prize for Best Dissertation for his doctoral work on Russian federalism), and the University of Michigan Law School. His first book, based on that dissertation, was published by Oxford University Press while he was a law student. During law school, he also served as a lecturer on European human rights law at summer training programs in Moscow for Russian lawyers sponsored by the Council of Europe. After law school, he was a law clerk to the Honorable Thomas P. Griesa of the United States District Court for the Southern District of New York. He served as a trial attorney in the Civil Division, United States Department of Justice from October 2003 until April 2006. He is a founding member of the Advisory Board for the SMU Embrey Human Rights Education Program. SMU is the first university in the South, and only the fifth in the country, to offer an
academic major in human rights. The major is currently the fastest growing major in the University. He is also a Faculty Associate of the John Goodwin Tower Center for Political Studies.
Rachel Levinson-Waldman Counsel Brennan Center for Justice Liberty & National Security Program
Rachel Levinson-Waldman serves as Counsel to the Brennan Center’s Liberty and National Security Program, which seeks to advance effective national security policies that respect constitutional values and the rule of law. In 2013, Ms. Levinson-Waldman authored the Brennan Center for Justice report, “What the Government Does with Americans’ Data.” From 2006 through 2011, Ms. Levinson-Waldman served as Associate Counsel and then Senior Counsel to the American Association of University Professors. In that role, she oversaw the AAUP’s in-house legal docket and contributed to amicus briefs and policy issues in a variety of areas, focusing particularly on academic freedom and the First Amendment. She regularly spoke to audiences on matters relating to higher education and to free speech, and was a frequent commenter for the higher education press. From 2003 through 2006, Ms. Levinson-Waldman served as a Trial Attorney in the Housing and Civil Enforcement Section of the Civil Rights Division of the Department of Justice, litigating matters under the Fair Housing Act. Prior to joining the Department of Justice, Ms. Levinson- Waldman clerked for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit. Ms. Levinson-Waldman is a 2002 graduate of the University of Chicago Law School and graduated cum laude with a BA in Religion from Williams College.
David Lieber Senior Privacy Policy Counsel Google
Washington D.C. Metro Area
David Lieber is a Senior Privacy Policy Counsel for Google based in Washington, D.C. Prior to joining Google, David worked in the E-Commerce & Privacy practice at DLA Piper. David previously served as a Legislative Assistant to Senator Dick Durbin on the Senate Judiciary Committee. He is a graduate of Bates College and Northwestern University School of Law. Google is a United States-headquartered, multinational corporation specializing in internet- related services and products. These include online advertising technologies, search, cloud computing, and software. The corporation has been estimated to run more than one million servers in data centers around the world (as of 2007); and to process over one billion search requests.
Toni Locy Donald W. Reynolds Professor of Legal Reporting Washington and Lee University
Toni Locy is the Donald W. Reynolds Professor of Legal Reporting at Washington and Lee University, is the author of Covering America’s Courts: A Clash of Rights (Peter Lang, February 2013). Her new book is aimed at journalism students, bloggers and citizen journalists, as well as reporters who are new to legal reporting. It provides them with the foundation they need to write accurate, fair, clear and compelling stories for mass audiences. Locy was a journalist for 25 years who reported and wrote for some of the nation's biggest and best news organizations, specializing in the coverage of federal, state and local law enforcement, the federal trial and appellate courts, and the U.S. Supreme Court. Locy has reported for the Associated Press, USA Today, Washington Post, and the Boston Globe, among others. She covered the 9/11 attacks and was one of three Washington Post reporters to break the first published story about the independent counsel’s investigation into President Bill Clinton’s relationship with Monica Lewinsky. She was also nominated for the Pulitzer Prize for a series she wrote for the Boston Globe about the Boston Police Department’s inability to solve serious crimes. In 2008, she refused to comply with a federal judge’s order to reveal the identities of confidential sources who had provided information she used in reporting on the FBI’s investigation into the 2001 anthrax attacks that killed five people. Locy won a John Aubuchon Freedom of the Press Award for her determination to protect sources in the face of extreme personal risk. She faced up to $5,000 a day in fines imposed by U.S. District Court Judge Reggie Walton, who found her in contempt of court for refusing to give up her source’s names. The contempt order was vacated after the U.S. Justice Department settled a civil lawsuit filed by Dr. Steven Hatfill, a scientist who had sued the government over disclosures by public officials. Locy received two of W&L’s Summer Lenfest Grants for research on the book. A graduate of West Virginia University, she also holds Master’s in the Studies of Law from the University of Pittsburgh School of Law.
Erik Luna Sydney and Frances Lewis Professor of Law Washington and Lee University School of Law
Erik Luna is Sydney and Frances Lewis Professor of Law at Washington and Lee University. Previously, Luna was a prosecutor in the San Diego District Attorney’s Office and a fellow and lecturer at the University of Chicago Law School. He has served as the senior Fulbright Scholar to New Zealand, where he taught at Victoria University Law School (Wellington, NZ) and conducted research on sentencing alternatives. Luna has also been a visiting scholar with the Max Planck Institute for Foreign and International Criminal Law (Freiburg, DE), a visiting professor with the Cuban Society of Penal Sciences (Havana, CU), and a visiting professional in the Office of the Prosecutor of the International Criminal Court (The Hague, NL). Luna has authored several books including, The Law of Terrorism (LexisNexis) (with Wayne McCormack) and The Prosecutor in Transnational Perspective (Oxford University Press 2012) (with Marianne Wade). Recently, Luna and co-author Professor Josh Fairfield, published Digital Innocence in the Cornell Law Review (2014), exploring the exoneration potential of big data tools and how best to integrate the exculpatory evidence that can be derived from big data tools into criminal procedure. Prior to coming to Washington and Lee University, Luna was the Hugh B. Brown Professor of Law at the University of Utah and co-director of the Utah Criminal Justice Center. He has testified before Congress and the U.S. Sentencing Commission, and his commentary has appeared in print and broadcast media (e.g., The New York Times, The Economist, and National Public Radio). Luna is an adjunct scholar with the Cato Institute and a project director with the Alexander von Humboldt Foundation. He teaches and writes primarily in the areas of criminal law and procedure. Luna graduated summa cum laude from the University of Southern California and received his J.D. with honors from Stanford Law School.
Timothy C. MacDonnell Associate Clinical Professor of Law, Director, Advanced Administrative Litigation Clinic (Black Lung) Washington and Lee University School of Law
Tim MacDonnell is an Associate Clinical Professor of Law and Director of the Black Lung Clinic at Washington and Lee University School of Law. MacDonnell teaches criminal law and criminal procedure, evidence, and administrative law. Prior to joining the law faculty at Washington and Lee, he served in various positions in the Judge Advocate General Corps, including as trial counsel, Republic of Korea, and legal advisor to the Iraqi High Tribunal in Baghdad, Iraq. His recent publications include Florida v. Jardines: The Wolf at the Castle Door, New York University Journal of Law & Liberty (2012) and Orwellian Ramifications: The Contraband Exception to the Fourth Amendment, University of Memphis Law Review (2010). MacDonnell’s recent scholarship has focused on the Fourth Amendment, with a special focus on Scalia's Fourth Amendment jurisprudence and a close examination of Scalia's fidelity to originalist interpretive principles.
Peter S. Margulies Professor of Law Roger Williams University School of Law
As an expert in National Security Law, Professor Peter Margulies focuses on the delicate balance between liberty, equality, and security in issues involving law and terrorism. Professor Margulies has written almost a dozen articles discussing the War on Terror. He currently works with RWU Law Professor Jared Goldstein, along with litigators from the law firm Edwards Angell Palmer & Dodge, in representing two Afghan detainees. Professor Margulies led a national conference entitled “Legal Dilemmas in A Dangerous World: Law, Terrorism and National Security” held at RWU. Marguilies serves as the current Chair of the Section on National Security Law of the Association of American Law School. Professor Margulies also has an extensive background in immigration law and has represented Haitian refugees and conducted outreach to community legal service providers. Peter Marguiles teaches Immigration Law, National Security Law and Professional Responsibility. He has filed amicus briefs in high-visibility cases with the U.S. Supreme Court and has been frequently cited in the New York Times, the National Law Journal and other media outlets.
Gregory S. McNeal Associate Professor of Law Pepperdine University School of Law
Professor Gregory McNeal is an expert in law and public policy with a focus on security, technology and crime. He teaches criminal law, criminal procedure, and courses related to national security and public policy. His current research projects include a book focused on the investigation and prosecution of national security related crimes (under contract with Oxford University Press), a book about targeted killings (grant funded), and a book about the emergent civilian drone market. His law review articles have been published by or are forthcoming in The Georgetown Law Journal (winner of an article of the year award), The Northwestern University Law Review Colloquy, The Washington and Lee Law Review, and The Harvard Journal of Law & Public Policy among others. He is a co-author of the casebook Anti-Terrorism and Criminal Enforcement (with Norman Abrams, 4th Edition Supplement and 5th Edition), co-editor of Saddam On Trial: Understanding and Debating the Iraqi High Tribunal (with Michael Scharf) and is the editor of a forthcoming treatise Cybersecurity and Privacy. He has testified before Congress about drones, surveillance, and counterterrorism and has also aided members of Congress and their committees in drafting legislation. Previously, he served as assistant director of the Institute for Global Security, served as an advisor to the Chief Prosecutor of the Department of Defense Office of Military Commissions on matters related to the prosecution of suspected terrorists held in the detention facility in Guantanamo Bay, Cuba, and co-directed a U.S. Department of Justice counterterrorism program. He has consulted with the Department of Defense on a range of issues, including helping to draft a manual aimed at reducing harm to civilians in conflict, and advising on matters related to cybersecurity. Dr. McNeal has also advised Fortune 500 companies and the defense industry on matters related to privacy, surveillance, and homeland security. Before becoming an attorney he served as an officer in the United States Army. His popular writing has appeared in publications such as The New York Times, The Washington Times, and The Baltimore Sun, and he has appeared on MSNBC, Fox News Channel, CNN, NPR, NBC Nightly News, BBC, C-SPAN, and other national media outlets as an expert commentator on security, technology and crime. He is a FORBES contributor where he writes about law and public policy and is one of the nation’s top law professor bloggers based on the Law Prof Blog Traffic Rankings.
Russell A. Miller Professor of Law Washington and Lee University School of Law
Russell A. Miller joined the Washington and Lee law faculty in 2008. His teaching and scholarly research focuses on comparative law theory and methods, comparative constitutional law, German law and legal culture, and public international law. Previously, he taught at the University of Idaho College of Law and has been a guest professor in Germany. Alongside his status as a Professor at the School of Law, Professor Miller has a joint-appointment as Lecturer in Literature in Washington & Lee University’s College. In that position he works extensively with colleagues and students in W&L’s German and Russian Department.
Professor Miller is the author/editor of a number of books in the fields of comparative law and international law, including: The Constitutional Jurisprudence of the Federal Republic of Germany (with Donald Kommers – Duke University Press 2012); Comparative Law as Transnational Law (with Peer Zumbansen – Oxford University Press 2011); US National Security, Intelligence and Democracy (Routledge 2008); Progress in International Law (with Rebecca Bratspies – Martinus Nijhoff Press 2008); II Annual of German & European Law (with Peer Zumbansen – Berghahn Books 2007); Transboundary Harm In International Law: Lessons from the Trail Smelter Arbitration(with Rebecca Bratspies – Cambridge University Press 2006) and I Annual of German & European Law (with Peer Zumbansen – Berghahn Books 2005). He has published articles and commentary in the American Journal of International Law, Columbia Journal of Transnational Law, Indiana Law Journal, Virginia Journal of International Law, Journal of National Security Law, Journal of Comparative Law, and the Washington & Lee Law Review.
In 2014 Professor Miller expects the publication of Global Legal Traditions: Comparative Law for the 21st Century (with Michael Bazyler, Sadiq Reza and Peter Yu – LexisNexis Publishing).
Professor Miller is the co-founder and Co-Editor in Chief of the German Law Journal, an on-line, English-language journal reporting on developments in German, European and International jurisprudence. Now in its second decade, the German Law Journal is one of the most successful and innovative fora for legal scholarship from a transnational perspective. The Journal attracts more than 2 million site visits each year, is consistently ranked the leading on- line, peer-reviewed law journal of any subject, and contributions published by the Journal are downloaded an average of 3,000 times. In 2009, the German Federal Minister of Justice marked the German Law Journal’s first decade with a Festakt in Berlin. Washington & Lee
University law students contribute to the production and administration of the German Law Journal. They also participate in its scholarly programming, including the annual German Law in Context Seminar and other lectures.
In 2013 Professor Miller was named a KoRSE Fellow at the University of Freiburg. Professor Miller was a 2009/2010 Fulbright Senior Research Fellow in residence at the Max Planck Institute for Comparative Public Law and Public International Law in Heidelberg, Germany. He is a regular Visiting Research Fellow at the Max Planck Institute. In 1999/2000, Miller was a Robert Bosch Foundation Fellow and during that program he participated in internship and clerkship experiences at the German Federal Constitutional Court and the European Court of Human Rights.
Professor Miller has been quoted or cited in a number of global media sources, including The Los Angeles Times, the Frankfurter Allgemeine Zeitung, Reuters, and Der Spiegel.
Professor Miller served as a judicial law clerk to the Honorable Robert H. Whaley of the United States District Court for the Eastern District of Washington. For four years prior to becoming a professor, Miller served as appellate and post-conviction counsel for indigent, death-sentenced inmates in the state and federal courts of Arizona and Tennessee. Professor Miller is admitted to the Arizona State Bar.
Professor Miller grew up in Priest River and Salmon, Idaho. He graduated with a B.A. in English Literature (cum laude / Phi Beta Kappa) and an Honors Program Certificate from Washington State University in 1991. Professor Miller lettered and earned Academic All-Pac10 honors as a scholarship member of the WSU Cougars football team. Professor Miller graduated from Duke University with a J.D. and M.A. in English Literature in 1994. Professor Miller received an LL.M. (summa cum laude) from Johann Wolfgang Goethe University (Frankfurt am Main, Germany) in 2002.
Brian Richardson Redenbaugh Professor in Journalism and Mass Communications and Department Head, Journalism and Mass Communications Washington and Lee University
Brian Richardson is the Redenbaugh Professor in Journalism and Mass Communications and a 1973 graduate of Washington and Lee. He earned his master’s degree in communications in 1975 and the Ph.D. in mass communications in 1990, both from the University of Florida. He has worked for local television and radio news operations in Virginia and Florida, and was a reporter and editor at The Tallahassee Democrat, The Miami Herald and The Philadelphia Inquirer for more than 10 years. During his reporting career he covered local government, courts, urban affairs and education. He taught at the University of Florida from 1986 to 1990, when he returned to Washington and Lee. He has taught numerous reporting courses, journalism and media ethics and state and local government. In 1996-97 he was a visiting research fellow at University College, Oxford. He is the author of the textbook The Process of Writing News: From Information to Story (2012). His research and scholarly interests include journalism ethics, the role of news media in subnational governance, and new media. He will retire in June of this year.
Mark Rush Stanley D. and Nikki Waxberg Professor of Politics and Law
Washington and Lee University
Mark Rush is the Waxberg Professor of Politics and Law. He has been with Washington and Lee since arriving in the summer of 1990 from Johns Hopkins where he received his Ph.D. He received his B.A. cum laude from Harvard. Professor Rush’s scholarly interests are diverse. He has written extensively on U.S. politics, Constitutional Law in the United States and Canada, elections and democracy around the world, and global affairs. Most recently, he authored Judging Democracy with Christopher Manfredi (McGill) and numerous additional articles in scholarly journals such as The Review of Politics, Publius, The McGill Law Journal, The Journal of Law and Politics and PS: Political Science and Politics. His writings have also appeared in The Washington Post, USA Today, The Christian Science Monitor, The Richmond Times and The Roanoke Times. He is also a frequent commentator on National Public Radio and the Arabian News Network. From 2010-2013, he served as Dean of the College of Arts and Sciences at the American University of Sharjah in the United Arab Emirates. His current scholarly work and interests include international politics, the Middle East, judicial activism, elections and democratic reform, civic education, higher education and law and sports. Professor Rush is married to Florinda Ruiz, whom he met at Johns Hopkins. Dr. Ruiz is a Professor of Spanish and professional translator. They have two sons, William and Alex. William graduated from Boston College, has a Master’s Degree from New York University and serves as assistant director of student activities at St. Peter’s University. Alex is a sophomore at Rockbridge County High School where he is on the swim team, writes for the school newspaper and serves on the student government.
Angela Smith Roger Mudd Professor of Ethics & Professor of Philosophy Director, Roger Mudd Center for Ethics Washington and Lee University
Professor Angela Smith joined the Department of Philosophy in 2009 as an Associate Professor of Philosophy after teaching for ten years at the University of Washington in Seattle. In the fall of 2008 she had visited Washington and Lee as the first Fellow in the Program in Society and the Professions. in 2013 she was promoted to Professor of Philosophy, and appointed to be the first Roger Mudd Professor of Ethics and the first Director of the Roger Mudd Center for Ethics. She teaches a variety of courses in moral and political philosophy as well as ancient philosophy. Robert Strong, interim provost and chair of the search committee, announced Smith’s appointment: "Angie Smith is an accomplished teacher and scholar who, in her short time at Washington and Lee, has earned the respect of students and colleagues across campus," said Strong. "She team-teaches a course on the ethics of globalization, and her research is admired by leading philosophers for its clarity, sophistication and originality. She is ideally suited to lead a new interdisciplinary center that will encourage and enhance serious study and conversation on a wide variety of ethical issues."
Christopher Slobogin Professor of Psychiatry & Director, Criminal Justice Program, Milton R. Underwood Chair in Law Vanderbilt Law School
Chris Slobogin has authored more than 100 articles, books and chapters on topics relating to criminal procedure, mental health law and evidence. Named director of Vanderbilt Law School’s Criminal Justice Program in 2009, Professor Slobogin is one of the five most cited criminal law and procedure law professors in the country, according to the Leiter Report. Psychological Evaluations for the Courts (3rd edition, 2007), which he co-authored with another lawyer and two psychologists, is considered the standard-bearer in forensic mental health; in recognition for his work in that field, he was named an honorary distinguished member of the American Psychology-Law Society in 2008. Professor Slobogin has also served as chair of the American Bar Association’s task force charged with revising the Criminal Justice Mental Health Standards and its Florida Assessment team for the Death Penalty Moratorium Implementation Project, as well as reporter for the ABA’s task forces on Law Enforcement and Technology, on the Insanity Defense, and on Mental Disability and the Death Penalty. Before joining Vanderbilt’s law faculty, Professor Slobogin held the Stephen C. O’Connell chair at the University of Florida’s Fredric G. Levin College of Law. Over the course of his career, he has been a visiting professor at Stanford Law School, where he was the Edwin A. Heafey Visiting Scholar, as well as at the law schools of the universities of Virginia, Southern California and California-Hastings. He has also taught at the University of Frankfurt Law School in Germany and the University of Kiev, Ukraine, where he was a Fulbright Scholar. He has appeared on Good Morning America, Nightline, the Today Show, National Public Radio, and many other media outlets, and has been cited in more than 2,000 law review articles or treatises and more than 100 judicial opinions, including U.S. Supreme Court decisions. Professor Slobogin holds a secondary appointment as a professor in the Vanderbilt School of Medicine’s Department of Psychiatry.
Stephen I. Vladeck Professor of Law
American University Washington College of Law
Stephen Vladeck is a Professor of Law at American University Washington College of Law in Washington, D.C. Vladeck’s teaching and research focus is on federal jurisdiction, constitutional law, and national security law. A nationally recognized expert on the role of the federal courts in the war on terrorism, Vladeck’s prolific and widely cited scholarship has appeared in an array of legal publications—including the Harvard Law Review and the Yale Law Journal — and his popular writing has been published in forums ranging from the New York Times to BuzzFeed. Vladeck, who is a co-editor of Aspen Publishers’ leading national security law and counterterrorism law casebooks, frequently represents parties or amici in litigation challenging government counterterrorism policies, and has authored reports on related topics for a wide range of organizations—including the First Amendment Center, the Constitution Project, and the ABA’s Standing Committee on Law and National Security. He also serves on the Executive Committee of the Board of Directors of the ACLU of the Nation’s Capital. Professor Vladeck has won numerous awards for his teaching, his scholarship, and his service to the law school. He is an elected member of the American Law Institute, a senior editor of the peer-reviewed Journal of National Security Law and Policy, co-editor in-chief of the Just Security blog, a senior contributor to the Lawfare blog, the Supreme Court Fellow at the Constitution Project, and a fellow at the Center on National Security at Fordham University School of Law. A 2004 graduate of Yale Law School, Vladeck clerked for the Honorable Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit, and the Honorable Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit. While a law student, he was Executive Editor of the Yale Law Journal and the Student Director of the Balancing Civil Liberties & National Security Post-9/11 Litigation Project, and he was awarded the Potter Stewart Prize for Best Team Performance in Moot Court and the Harlan Fiske Stone Prize for Outstanding Moot Court Oralist. He earned a B.A. summa cum laude with Highest Distinction in History and Mathematics from Amherst College in 2001, where he wrote his senior thesis on "Leipzig’s Shadow: The War Crimes Trials of the First World War and Their Implications from Nuremberg to the Present." Vladeck’s wife, Karen, is a litigation associate at Arent Fox LLP.
Russell L. Weaver Professor of Law & Distinguished University Scholar University of Louisville, Louis D. Brandeis School of Law
Professor Russell L. Weaver graduated cum laude from the University of Missouri School of Law in 1978. He was a member of the Missouri Law Review, was elected to the Order of the Coif, and won the Judge Roy Harper Prize. After law school, Professor Weaver was associated with Watson, Ess, Marshall & Enggas in Kansas City, Missouri, and worked for the U.S. Department of Energy’s Office of General Counsel in Washington, D.C. Professor Weaver began teaching at the Louis D. Brandeis School of Law in 1982, and holds the rank of Professor of Law and Distinguished University Scholar. He teaches Constitutional Law, Advanced Constitutional Law, Remedies, Administrative Law, Criminal Law, and Criminal Procedure. He has received the Brandeis School of Law’s awards for teaching, scholarship, and service, including the Brown Todd & Heyburn Fellowship. He has been awarded the President’s Award (University of Louisville) for Outstanding Research, Scholarship and Creative Activity in the Field of Social Science, the President’s Award for Outstanding Research, Scholarship and Creative Activity in the Career Achievement Category, and the President’s Award for Distinguished Service. He is the Executive Director and past president of the Southeastern Conference of the Association of American Law Schools. He is an Honorary Associate of Macquarie University (Sydney, Australia). Professor Weaver is a prolific author who has written dozens of books and articles over the last twenty-five years. He was named the Judge Spurgeon Bell Distinguished Visiting Professor at South Texas College of Law (affiliated with Texas A & M University) during the 1998-99 academic year, and he held the Herbert Herff Chair of Excellence at the Cecil C. Humphreys School of Law, University of Memphis, during 1992-93. In addition, he has been asked to speak at law schools and conferences around the world, and has been a visiting professor at law schools in France, England, Germany, Japan, Australia and Canada. Professor Weaver is particularly noted for his work in the constitutional law area. He has served as a consultant to the constitutional drafting commissions of Belarus and Kyrghyzstan and as a commentator on the Russian Constitution. His constitutional law writings have focused on free speech issues, particularly those relating to the U.S. Supreme Court’s landmark decision in N.Y. Times Co. v. Sullivan, and include a constitutional law case-book and two anthologies (The First Amendment Anthology and The Constitutional Law Anthology). He has a First Amendment casebook in progress. Professor Weaver is also noted for his writings on legal education and his work in the administrative law area. In 1992 and 1993, he served as a consultant to the Administrative Conference of the United States. His writings have focused on agency interpretations of statutes and regulations, and he is co-author of one of the leading administrative law casebooks.
Professor Weaver has served on many community and professional committees. He served on the Louisville Bar Association’s (LBA) Professional Responsibility Committee, and as Chair of the Association of American Law Schools’ (AALS) Criminal Justice Section and serves on the AALS Planning Committee for the New Law Teacher’s Workshop. He has also served on the American Civil Liberties Union of Kentucky’s Legal Panel and Board of Directors.