Vanderbilt Law School Program in Constitutional Law & Theory and The American Constitution Society

Present

KEEPING FAITH WITH THE CONSTITUTION IN CHANGING TIMES

October 6-7, 2006 Flynn Auditorium Vanderbilt Law School What does it mean to be faithful to the meaning of the Constitution?

Can progressive approaches to constitutional interpretation persuasively lay claim to principle, fidelity, adherence to the rule of law and democratic legitimacy? How can these approaches be effectively communicated and made part of the public debate about the Constitution?

A diverse group of scholars, lawyers, journalists and judges will address different aspects of this inquiry over two days of panel discussions and roundtable conversations during “Keeping Faith with the Constitution in Changing Times,” a conference sponsored jointly by Vanderbilt Law School’s Program in Constitutional Law & Theory and the American Constitution Society for Law and Policy. CONFERENCE SCHEDULE

Friday, October 6

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

9:15-9:45 Opening Remarks Dean Ed Rubin, Vanderbilt Law School , Executive Director, ACS

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

10:30-10:45 Break

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

12:15-1:30 Lunch North Lobby

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

3:00-3:15 Break

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

5:30-7:30 Reception and Kickoff Event for Nashville ACS Chapter North Lobby CONFERENCE SCHEDULE

Saturday, October 7

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

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

10:30-10:45 Break

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

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

CONFERENCE PARTICIPANTS

Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at . He is the founder and director of the Information Society Project, devoted to the study of law and new information technologies. He is the author of over seventy scholarly articles and has written op-eds and commentaries for many newspapers. He writes political and legal commentary at the weblog Balkinization (http://balkin.blogspot.com). Professor Balkin’s work ranges from theories of cultural evolution to legal and musical interpretation. His books include Processes of Constitutional Decisionmaking (5th ed., with Brest, Levinson, Amar & Siegel); What Brown v. Board of Education Should Have Said; What Roe v. Wade Should Have Said; Cultural Software: A Theory of Ideology; and The Laws of Change: I Ching and the Philosophy of Life. Melody Barnes is the Executive Vice President for Policy at the Center for American Progress. From 1995 until 2003, she served as chief counsel to Senator Edward M. Kennedy on the Senate Judiciary Committee. Ms. Barnes has served as Director of Legislative Affairs for the U. S. Equal Employment Opportunity Commission and as assistant counsel to the U.S. House of Representatives Judiciary Subcommittee on Civil and Constitutional Rights, where she worked closely with Members of Congress and their staffs to pass the Voting Rights Improvement Act of 1992. Ms. Barnes began her career as an attorney with Shearman & Sterling in . She is a member of the Board of Directors of The Constitution Project, The Maya Angelou Public Charter School, The Moriah Fund, and Progress Through Action. She received her law degree from the University of Michigan and her bachelor’s degree from the University of North Carolina at Chapel Hill where she graduated with honors in history. Lisa Schultz Bressman has established herself as an innovative scholar in administrative law. A graduate of the University of Chicago Law School, Professor Bressman joined the Vanderbilt Law School faculty in 1998 after working in the Office of Legal Counsel in the Department of Justice and clerking for Supreme Court Justice Stephen Breyer and now-Second Circuit Judge José Cabranes. Her research explores the intersection between constitutional theory and administrative law. She is particularly interested in the extent to which political control and judicial review improve the legitimacy of agency decisionmaking. Professor Bressman teaches Administrative Law, Constitutional Law I, Legal Process, and Government and Religion. She is Co-Director of the Vanderbilt Regulatory Program. She also serves as faculty advisor to the Vanderbilt chapter of the American Constitution Society.

Rebecca L. Brown is the Allen Professor of Law at Vanderbilt Law School. After earning her B.A. at St. John’s College in Annapolis and her J.D. at Georgetown, she clerked for then-Chief Judge Spottswood Robinson III, of the D.C. Circuit, and for Supreme Court Justice Thurgood Marshall. She served as an attorney advisor in the Office of Legal Counsel of the Department of Justice, and as an associate at the law firm of Onek, Klein & Farr, before joining the Vanderbilt faculty in 1988. Her scholarship has focused primarily on developing an understanding of the Constitution premised on a relationship between equality and individual liberty. She teaches courses in constitutional law and theory, and is a convenor of the Annual Constitutional Theory Conference jointly sponsored with the NYU and University of law schools. Currently, she serves as co-chair for the ACS Issue Group on Constitutional Interpretation and Change, and as a member of the Board of Advisors for the Nashville Chapter of the ACS.

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

CONFERENCE PARTICIPANTS newspapers and other magazines. In April 2005, he was named by Legal Affairs as one of “the top 20 legal thinkers in America.” He has received numerous awards for his contributions to civil liberties and public service. He has argued many appellate cases and has testified many times before congressional and state legislative committees.

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

Barry Friedman is the Jacob D. Fuchsberg Professor of Law at New York University School of Law. He has written extensively in constitutional theory, judicial behavior, and federal courts. He is the co-editor of (and contributor to) the recent book, Judicial Independence at the Crossroads: An Interdisciplinary Approach. Professor Friedman is a frequent participant at legal history and political science conferences, as well as those in law. He also is a convener of the Annual Constitutional Theory Conference. He has been a visiting scholar at the Rockefeller Foundation Study and Conference Center in Bellagio, Italy. Professor Friedman has engaged in a range of service activities, including extensive involvement with the American Judicature Society. He currently serves on the Steering Committee of New York University’s Institute for Law and Society, and as Director of the Furman Program, devoted to preparing young scholars for academic careers. Doni Gewirtzman is currently the Vanderbilt Fellow in Law at Vanderbilt Law School. Prior to his arrival in Nashville, Professor Gewirtzman served as the co-Associate Director and Acting Assistant Professor of Law at New York University’s Lawyering Program. After graduating from Boalt Hall in 1998, he began his legal career as a Skadden Fellow at Lambda Legal Defense and Education Fund, and later joined the litigation department at Paul, Weiss, Rifkind, Wharton and Garrison in New York. His most recent article, Glory Days: Popular Constitutionalism, Nostalgia, and the True Nature of Constitutional Culture, was published in the March 2005 edition of the Georgetown Law Journal.

Howard Gillman is Professor of Political Science and Associate Vice Provost for Research Advancement at the University of Southern California; he also holds courtesy appointments in the Department of History and the Gould School of Law. He received his Ph.D. from UCLA in 1988 and has been on the faculty at USC since 1990. He specializes in American constitutional development and Supreme Court politics. His most recent book is The Votes that Counted: How the Court Decided the 2000 Presidential Election (2001). His first book, The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence (1993), received the C. Herman Pritchett Award for “best book in public law.” He is currently co-editor of the book series Cambridge Studies on the American Constitution and on the editorial board of the journal Political Research Quarterly. In 2005 he became an elected Trustee of the Law and Society Association; in 2006 he was elected to chair the Law and Courts Section of the American Political Science Association. He has received a number of university and departmental awards for teaching excellence and dedication to students, including the University’s highest recognition, the USC Associates Award for Excellence in Teaching (2001). He was Chair of the Political Science Department before joining the Provost’s Office in 2005.

CONFERENCE PARTICIPANTS

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

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

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

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

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

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

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

Stefanie Lindquist is Associate Professor of Political Science and Law at Vanderbilt University, holding both the J.D. and Ph.D. (Political Science). She clerked for Chief Judge Anthony Scirica of the U.S. Court of Appeals for the Third Circuit, served as a research associate at the , and practiced law at Latham and Watkins in Washington, D.C. As an academic, she has published on the politics of judicial decision making. Her recent book, Judging on a Collegial Court (authored with Virginia Martinek), was published be the University of Virginia Press in 2006.

William P. Marshall, Kenan Distinguished Professor at the University of North Carolina, joined UNC – Chapel Hill as a permanent member of the faculty in spring 2001. He received his law degree from the University of Chicago and his undergraduate degree at the University of Pennsylvania. Professor Marshall served as Deputy Assistant to the President of the United States during the Clinton Administration, where he worked on issues ranging from freedom of religion to separation of powers. He has published extensively on constitutional law issues and is a nationally recognized First Amendment scholar. He is also a leading expert on federal judicial selection matters and on the interrelationship between media, law, and politics. He teaches Media Law, Civil Procedure, Constitutional Law, First Amendment, Federal Courts, and The Law of the Presidency.

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

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

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U.S. Attorney for the Eastern District of Pennsylvania, then Deputy City Solicitor in the administration of then-Mayor William Green, and then General Counsel to the Philadelphia Parking Authority. He sat as a judge of the Court of Common Pleas for over 11 years, where he became the first African American assigned to the Orphans’ Court, and served on the Pennsylvania Sentencing Commission, where he chaired a subcommittee charged with reexamining Pennsylvania’s sentencing guidelines. Judge McKee serves on the boards of directors of several non profit institutions. He was a member of the Third Circuit Task Force on Equal Treatment in the Courts, and co-chaired the Commission on Racial and Ethnic Bias of the Task Force. He is a Trustee of Temple University, an Advisor to the American Law Institute’s Committee on Revising the Model Penal Code, a member of the ABA Commission on Effective Criminal Sanctions, and a member of the Advisory Committee to the Congressional Commission to Commemorate the 250th Anniversary of the Birth of James Madison. Rutgers University College of Law awarded him its annual Mary Philbrook Public Interest Award, and he has received an Honorary Doctorate of Humane Letters from the Trustees of the State University of New York. Judge Gilbert S. Merritt (B.A. Yale University 1957; L.L.B. Vanderbilt University 1960; L.L.M. Harvard University 1962) sits on the U.S. Court of Appeals for the Sixth Circuit. From 1989-96, he was Chief Judge of that Court. He was Chairman of the Executive Committee of the Judicial Conference of the United States from 1994-96, and Chairman of the Ad Hoc Committee on International Judicial Relations for two years. During his years of private practice with Boult, Hunt, Cummins & Connors and Gullett, Steele, Sanford, Robinson & Merritt, he specialized in federal, civil and criminal litigation. Judge Merritt was Assistant Dean at Vanderbilt University Law School from 1960-61 and also a professor here in 1969-70. He lectured part-time for 13 years. He has held the position of United States Attorney for the Middle District of Tennessee, and Executive Secretary for the Tennessee Code Commission. He has a distinctive list of published works. Judge Merritt has spent time working with judicial systems in Russia, India, Hungary and the Czech Republic. Recently, the U.S. Justice Department asked Judge Merritt to be a part of a select team of legal experts to act as advisors concerning the restoration of Iraq’s judicial system.

Frank Michelman is the Robert Walmsley University Professor at Harvard, where he has taught since 1963. He is the author of Brennan and Democracy (1999) and has published widely in the fields of constitutional law and theory, property law and theory, local government law, and jurisprudence. Professor Michelman is a past president of the American Society for Political and Legal Philosophy and a fellow of the American Academy of Arts and Sciences. He is a member of the board of directors of the United States Association of Constitutional Law and the National Advisory Board of the American Constitution Society. He maintains an active interest in South African constitutionalism He has also attended and provided papers for several conferences on comparative constitutionalism in Europe and Israel, and the VI World Congress of the International Association of Constitutional Law in Santiago de Chile. He is a member of the Board of Editors of the International Journal of Constitutional Law (I-CON), and of the Board of Directors of the United States Association of Constitutional law. For the past few years, he has regularly taught courses on general comparative constitutionalism and also on the South African Bill of Rights. Andrew J. Pincus is a partner in the Washington, D.C., office of Mayer, Brown, Rowe & Maw LLP, specializing in appellate litigation and public policy matters. He has argued fourteen cases before the Supreme Court of the United and filed briefs in more than 100 cases in that Court. He also represents clients in a variety of public policy matters, including securities law, intellectual property, telecommunications, and other technology-related topics. Mr. Pincus served as General Counsel of the United States Department of Commerce from 1997 to 2000. He was Assistant to the Solicitor General at the United States Department of Justice from 1984-1988. He graduated with honors from Yale College and Columbia University School of Law.

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Richard Primus, Professor of Law at the University of Michigan Law School, is the author of The American Language of Rights, in which he uses tools from the philosophy of language to examine how the concept of rights has changed in response to different political conditions at different times in American history. His work focuses on constitutional law, theory, and history, and he has written on democratic theory, equal protection, and the role of history in constitutional interpretation. His teaching interests include constitutional law, the law of employment discrimination, and the history of legal thought. He has taught at the University of Tokyo, and New York University School of Law. He graduated from Harvard College with an A.B., summa cum laude, in social studies. He then earned a D. Phil. in politics at Oxford, where he was a Rhodes Scholar and the Jowett Senior Scholar at Balliol College. Primus then attended Yale Law School, where his distinctions included the prize for the best oral argument in the Morris Tyler Moot Court of Appeals. After graduating from law school, he clerked for Judge on the Second Circuit and for U.S. Supreme Court Justice . He then practiced law at the Washington, D.C. office of Jenner & Block, where his work included voting rights litigation.

Kermit Roosevelt is an Assistant Professor at the University of Pennsylvania Law School, where he teaches constitutional law and conflict of laws. He graduated from Harvard College and Yale Law School. After law school, he clerked for Judge Stephen F. Williams on the D.C. Circuit and Justice David H. Souter on the Supreme Court. He also served as Resident Fellow of the Yale Law School Information Society Project. He came to Penn from Mayer, Brown, Rowe & Maw in Chicago, where he practiced law for two years at Mayer, Brown, Rowe & Maw in Chicago,. He is the author of numerous articles and several books, including the novel In the Shadow of the Law (FSG 2005) and, most recently, The Myth of Judicial Activism (Yale University Press 2006). Edward L. Rubin joined Vanderbilt Law School as Dean and the first John Wade–Kent Syverud Professor of Law in July 2005. Dean Rubin is the author of numerous books, articles and chapters, including two volumes published in 2005, Beyond Camelot: Rethinking Politics and Law for the Modern State (Princeton University Press) and Federalism: A Theoretical Inquiry, co-authored with long-time collaborator Malcolm Feeley. Dean Rubin previously served as the Theodore K. Warner, Jr., Professor of Law at the University of Pennsylvania Law School. He had previously taught at Boalt Hall School of Law at the University of California, Berkeley, where he had also served as an associate dean for three years. After earning his law degree from Yale in 1979, Dean Rubin clerked for Judge Jon O. Newman of the U.S. Second Circuit Court of Appeals and was an associate with the law firm of Paul, Weiss, Rifkind, Wharton & Garrison in New York, where he practiced entertainment law. Early in his career, he served as a curriculum planner with the New York City Board of Education. Dean Rubin has been a consultant to the Asia Foundation Project on the Administrative Licensing Law for the People’s Republic of China, the Russian Privatization Center and to the United Nations Development Programme.

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

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

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