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Conservative and Libertarian Public Interest Law OPIA’S GUIDE TO CONSERVATIVE/LIBERTARIAN PUBLIC INTEREST LAW EXPLORING OPPORTUNITIES WITH NONPROFITS, RESEARCH INSTITUTES AND GOVERNMENT AGENCIES Harvard Law School Bernard Koteen Office of Public Interest Advising BY Pound Hall 329 VIRGINIA A. GREIMAN, Cambridge, MA 02138 OPIA ATTORNEY ADVISER 617-495-3108 AND ANDREW CHAN, OPIA SUMMER FELLOW SEPTEMBER 2007 (c) 2007 by the President and Fellows of Harvard College Acknowledgments On behalf of the Bernard Koteen Office of Public Interest Advising (OPIA) I am pleased to present the 2nd edition of the Conservative/Libertarian Public Interest Law Guide. I am greatly indebted to the many public interest lawyers, students, professors, and HLS graduates who were so willing to share their time and experiences for this Guide. Much appreciation goes to Alexa Shabecoff, Assistant Dean and Director of OPIA for her wise counsel and steadfast support, and Andrew Chan, OPIA Summer Fellow who managed production and editing of the Guide and updated the organizational, resource and narrative sections, Judy Murciano, Harvard Law School’s Fellowship Director for her guidance on fellowships and grants, Kirsten Bermingham, OPIA’s Program Coordinator, Lisa Williams, OPIA's Assistant Director for J.D. Advising, and the entire OPIA staff for their generous assistance. I would especially like to thank Hans Bader, Clint Bolick, Jennifer Bradley, Kathryn Biber Chen, Ted Cruz, Jim DeLong, Paul Ferrara, Charles Fried, Sarah Isgur, Emilie Kao, Dan Lyons, Raffi Melconian, Michael Rosman, Bill Saunders, and Paul Taylor for their generous contributions to the Guide. Ginny A. Greiman Attorney Advisor Bernard Koteen Office of Public Interest Advising Harvard Law School September 2007 Conservative Guide 2007 2 Table of Contents INTRODUCTION ...........................................................................................................................................................4 FOREWORD ....................................................................................................................................................................5 THE CONSERVATIVE’S VIEW OF THE LAW............................................................................................................5 CONSERVATIVE JURISPRUDENCE...........................................................................................................................6 THE LIBERTARIAN’S VIEW OF THE LAW ...............................................................................................................7 THE LIBERTARIAN POLITICAL MOVEMENT IN AMERICA ...............................................................................7 GOING GLOBAL AS A CONSERVATIVE.....................................................................................................................8 HOW TO STRUCTURE YOUR TIME AT HLS FOR A FUTURE IN CONSERVATIVE/LIBERTARIAN PUBLIC INTEREST........................................................................................................................................................9 PERSONAL NARRATIVES .......................................................................................................................................... 15 TED CRUZ ’95 - SOLICITOR GENERAL, TEXAS....................................................................................................................................15 KATHRYN BIBER CHEN ’04 - GENERAL COUNSEL, ROMNEY FOR PRESIDENT CAMPAIGN…...……………………......16 MICHAEL ROSMAN – CHIEF COUNSEL, CENTER FOR INDIVIDUAL RIGHTS.............................................................................. 17 JENNIFER BRADLEY ’08 – OFFICE OF THE SOLICITOR GENERAL, OFFICE OF LEGAL POLICY AT THE DEPARTMENT OF JUSTICE, SUMMER INTERN ......................................................................................................................................................................... 18 CLINT BOLICK - DIRECTOR FOR THE CENTER OF CONSTITUTIONAL LITIGATION, GOLDWATER INSTITUTE ................... 19 PAUL TAYLOR ’94 – CHIEF MINORITY COUNSEL FOR THE HOUSE JUDICIARY COMMITTEE, SUBCOMMITTEE ON THE CONSTITUTION............................................................................................................................................................................................. 19 BILL SAUNDERS '80 -- SENIOR FELLOW IN THE BIOETHICS AND HUMAN RIGHTS COUNCIL ................................................ 21 HANS BADER ’94 - SENIOR COUNSEL, CENTER FOR INDIVIDUAL RIGHTS, WASHINGTON, D.C........................................... 21 DANIEL LYONS ’05 – NEW ENGLAND LEGAL FOUNDATION, SUMMER LAW INTERN............................................................. 22 EMILIE KAO ’99 - THE BECKET FUND FOR RELIGIOUS LIBERTIES, WASHINGTON, D.C. ........................................................ 23 RAFFI MELKONIAN ’05 – SUMMER INTERN, DEPARTMENT OF JUSTICE, CRIMINAL DIVISION, DOMESTIC SECURITY SECTION (DSS)............................................................................................................................................................................................. 23 LEE RUDOFSKY ’05 - LEGAL INTERN, WHITE HOUSE COUNSEL’S OFFICE................................................................................ 24 FELLOWSHIPS..............................................................................................................................................................25 PUBLIC POLICY ORGANIZATIONS AND TRENDS ..............................................................................................30 RELIGIOUS LIBERTIES/HUMAN RIGHTS................................................................................................................................................. 30 CIVIL LIBERTIES: FREE SPEECH/RIGHT TO BEAR ARMS/RACIAL PREFERENCES ......................................................................... 32 ECONOMIC RIGHTS/LIMITED GOVERNMENT/FREE MARKET ENTERPRISE ................................................................................. 34 FOREIGN POLICY/INTERNATIONAL RELATIONS/PRIVATIZATION.................................................................................................. 38 CONSTITUTION/FEDERALISM................................................................................................................................................................... 40 COUNTER-TERRORISM/DEFENSE/ HOMELAND SECURITY ............................................................................................................... 40 CRIMINAL JUSTICE/ VICTIMS RIGHTS...................................................................................................................................................... 42 EDUCATION/SCHOOL VOUCHERS ........................................................................................................................................................... 42 ENVIRONMENTALISM/ENERGY POLICY ................................................................................................................................................ 43 GOVERNMENT ACCOUNTABILITY............................................................................................................................................................ 44 HEALTH CARE/MEDICAID/SOCIAL SECURITY REFORM..................................................................................................................... 44 IMMIGRATION............................................................................................................................................................................................... 45 POLITICAL/LEGISLATIVE AND ELECTORAL REFORM .................................................................................................................................................................................. 45 TELECOMMUNICATIONS AND THE INTERNET....................................................................................................................................... 46 TRANSPORTATION ....................................................................................................................................................................................... 47 INTERNATIONAL ORGANIZATIONS NON-GOVERNMENTAL ORGANIZATIONS (NGOS)............................................................ 47 Conservative Guide 2007 3 CONSERVATIVE AND LIBERTARIAN PUBLIC INTEREST LAW INTRODUCTION The Conservative/Libertarian movement is best defined by this well-known exposition of the Constitution by James Madison in 1788: James Madison believed in the core principles “The powers delegated by the proposed Constitution to of an open society– individual liberty, free the federal government are few and defined. Those which enterprise, responsibility, prosperity, and a are to remain in the State governments are numerous and limited, accountable government. The indefinite.” conservative/libertarian commitment to limited James Madison, Federalist No. 45, January 26, 1788 government, free markets, democracy, and the rule of law continue to be the driving force behind building an America where freedom, prosperity and opportunity flourish. However, a balance must constantly be strived for between the protection of America’s security and protecting fundamental rights and civil liberties. Since the mid 1990’s, we have seen a dramatic rise in the number of conservative/libertarian public interest organizations and policy research institutes worldwide. This change
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