LAW PROFESSORS OPPOSED TO SPLITTING THE NINTH CIRCUIT

September 18, 2006

The Honorable Arlen Specter Chairman, Senate Committee on the Judiciary United States Senate Washington, D.C. 20510

The Honorable Patrick J. Leahy Ranking Member, Senate Committee on the Judiciary United States Senate Washington, D.C. 20510

Dear Chairman Specter and Ranking Member Leahy:

The undersigned law professors write to urge that Congress reject current proposals that would split the boundaries of the Ninth Circuit Court of Appeals.

While our ranks include professors belonging to both major political parties, we wish to emphasize that the basis for our position is not partisan, but grounded in the belief that a circuit split would be unnecessary, costly and inefficient.

The split proposal that is being considered by the Senate Judiciary Committee this month would leave the current Ninth Circuit with just California, Hawai’i, Guam and the Northern Mariana Islands, and create a new Twelfth Circuit composed of Arizona, Nevada, Idaho, Montana, Oregon, Washington and Alaska.

Dividing the court isn’t necessary. To be sure, the Ninth Circuit bears the most cases of any federal appellate court (about 16,000 new cases were filed this year, versus 1,300 in the D.C. Circuit; the next highest is the Fifth Circuit, which includes Texas, with 9,300). But it also has more judges than any other circuit in the country and appears to face no problem of a quality or magnitude any different than those faced by any other court.

For example, although it has a much higher caseload, the real measure of whether too much pressure harms quality is the number of cases decided and opinions written by each judge. On this score, Ninth Circuit judges appear to write opinions and dispose of cases at the average for all federal appeals court judges. Although critics have alleged conflicts of decisional law within the Ninth Circuit, there is no serious evidence of such a conflict; indeed, the circuit’s active use of its en banc review process (when the Court sits in groups larger than its standard three-judge panels) has effectively resolved precisely such conflicts. And although supporters of a split often cite statistics involving U.S. Supreme Court reversal of the Ninth Circuit, it must be remembered that the Ninth Circuit decisions selected for Supreme Court review reflect a minuscule fraction (approximately 0.3 percent) of those cases decided by the Ninth Circuit in any given year.

Nor does a split make sense from a budgetary perspective. Dividing the Ninth Circuit would require the creation of an additional costly bureaucracy to administer the new circuit, eliminating the economies of scale achieved by a single administration. Furthermore, a split would require expenditures for expanded courthouses and administrative buildings. The Administrative Office of the U.S. Courts estimates start-up costs of almost $100 million and annual recurring additional costs of almost $16 million.

Finally, a split would result in judicial inefficiency. A “new” Ninth Circuit comprised of California and Hawai’i would maintain 72 percent of the caseload, but only 60 percent of the judges. Such a circuit would yield 536 cases per judge, moreover, contrasted with 317 cases per judge in the proposed Twelfth Circuit. These statistical disparities in fact understate the true extent of the inequity resulting from a circuit split, given that the more than 600 death penalty cases originating in California are enormously time- consuming for judges and at present can be divided among all Ninth Circuit judges.

In our country’s history, there have been only two instances in which a circuit was divided, and both times -- unlike at present -- the division was supported by a substantial majority of the judges and attorneys who were

- 2 - to be affected by the division. The Ninth Circuit judges themselves believe a circuit split to be a bad idea. Only three of the active judges (out of 26) on the Ninth Circuit support the breakup. The state bar associations that have voted on the idea -- Alaska, Arizona, Hawai’i, Montana, Nevada and Washington -- all oppose it. California’s present and former governors Arnold Schwarzenegger, Gray Davis and Pete Wilson; California’s senators Dianne Feinstein and Barbara Boxer; Arizona Governor Janet Napolitano and former Washington State Governor Gary Locke; and many other public officials oppose a division of the Ninth Circuit.

We thus believe that splitting the Ninth Circuit is unwise and urge you to vote against any such split.

Sincerely,

[Titles and Schools listed for identification purposes only]

Richard L. Abel Rabbi Yitzchok Adlerstein Michael J. Connell Professor Sydney M. Irmas Chair in Jewish Law and UCLA School of Law Ethics Los Angeles, California Loyola Law School Los Angeles, California Robert W. Adler James I. Farr Chair and Professor Ann Althouse S.J. Quinney College of Law Robert W. and Irma M. Arthur-Bascom University of Utah Professor Salt Lake City, Utah University of Wisconsin Law School Madison, Wisconsin Robert B. Ahdieh Associate Professor Vikram Amar Emory University School of Law Professor Atlanta, Georgia Hastings College of the Law University of California Janet Cooper Alexander San Francisco, California Frederick I. Richman Professor Visiting Professor Stanford Law School Boalt Hall School of Law Stanford, California University of California, Berkeley Berkeley, California

- 3 - Adell Amos Peter A. Appel Assistant Professor Associate Professor University of Oregon School of Law University of Georgia School of Law Eugene, Oregon Athens, Georgia

Angelo N. Ancheta Robert H. Aronson Assistant Professor Betts, Patterson and Mines Professor Santa Clara University School of Law University of Washington School of Law Santa Clara, California Seattle, Washington

Jerry L. Anderson Gerald G. Ashdown Richard M. and Anita Calkins Distinguished James H. and June M. Harless Professor Professor West Virginia University College of Law Drake University Law School Morgantown, West Virginia Des Moines, Iowa Michael Asimow Robert T. Anderson Professor Emeritus Associate Professor and Director, Native UCLA School of Law American Law Center Los Angeles, California University of Washington School of Law Seattle, Washington Barbara A. Atwood Mary Anne Richey Professor William L. Andreen James E. Rogers College of Law Edgar L. Clarkson Professor University of Arizona University of Alabama School of Law Tucson, Arizona Tuscaloosa, Alabama Barbara Babcock Thomas Andrews Judge John Crown Professor, Emerita Professor Stanford Law School University of Washington School of Law Stanford, California Seattle, Washington Adam Babich Denise E. Antolini Associate Professor and Director, Associate Professor and Director, Environmental Law Clinic Environmental Law Program Tulane University Law School William S. Richardson School of Law New Orleans, Louisiana University of Hawai’i Honolulu, Hawai’i Stuart Banner Professor Keith Aoki UCLA School of Law Philip H. Knight Professor Los Angeles, California University of Oregon School of Law Eugene, Oregon

- 4 - Stephen R. Barnett Anita Bernstein Elizabeth Josselyn Boalt Professor, Emeritus Sam Nunn Professor Boalt Hall School of Law Emory University School of Law University of California, Berkeley Atlanta, Georgia Berkeley, California Wallace Stevens Professor New York Law School John A. Barrett, Jr. New York, New York Associate Professor University of Toledo College of Law Robert C. Berring Toledo, Ohio Walter Perry Johnson Professor Boalt Hall School of Law Robert Bartels University of California, Berkeley Charles M. Brewer Professor Berkeley, California Sandra Day O’Connor College of Law Arizona State University David A. Binder Tempe, Arizona Professor UCLA School of Law G. Andrew H. Benjamin Los Angeles, California Affiliate Professor Antioch University School of Law Bret C. Birdsong Seattle, Washington Associate Professor Affiliate Professor William S. Boyd School of Law University of Washington School of Law University of Nevada, Las Vegas Seattle, Washington Las Vegas, Nevada

Robert W. Bennett Brian H. Bix Nathaniel L. Nathanson Professor Frederick W. Thomas Professor Northwestern University School of Law University of Minnesota Law School Chicago, Illinois Minneapolis, Minnesota

Marilyn J. Berger Susan Low Bloch Professor Professor Seattle University School of Law Georgetown University Law Center Seattle, Washington Washington, D.C.

Paul Bergman Frederic M. Bloom Professor Emeritus Assistant Professor UCLA School of Law St. Louis University School of Law Los Angeles, California St. Louis, Missouri

John H. Blume Associate Professor Cornell University Law School Ithaca, New York

- 5 - Michael C. Blumm James M. Brown Professor Adjunct Professor Lewis and Clark Law School Seattle University School of Law Portland, Oregon Seattle, Washington

John Bonine Maryann Brown Professor Legal Writing Professor University of Oregon School of Law Widener University School of Law Eugene, Oregon Wilmington, Delaware

Amelia Boss Tom Buchele Professor of Law Clinical Associate Professor Beasley School of Law University of Pittsburgh School of Law Temple University Pittsburgh, Pennsylvania Philadelphia, Pennsylvania Jordan C. Budd Mary Nicol Bowman Professor Legal Writing Professor Franklin Pierce Law Center Seattle University School of Law Concord, New Hampshire Seattle, Washington Sande L. Buhai Beth Brennan Clinical Professor Adjunct Professor Loyola Law School University of Montana School of Law Los Angeles, California Missoula, Montana Alafair S. Burke Eve L. Brensike Associate Professor Assistant Professor Hofstra University School of Law University of Michigan Law School Hempstead, New York Ann Arbor, Michigan Bari Burke Barbara B. Bressler Professor Associate Professor University of Montana School of Law Director, Clinical Programs Missoula, Montana DePaul University College of Law Chicago, Illinois J. Martin Burke Dean Emeritus Edward C. Brewer, III Professor Professor University of Montana School of Law Salmon P. Chase College of Law Missoula, Montana Northern Kentucky University Highland Heights, Kentucky Scott J. Burnham Professor University of Montana School of Law Missoula, Montana

- 6 - Scott Burris Megan M. Carpenter James E. Beasley Professor Visiting Associate Professor Beasley School of Law West Virginia University College of Law Temple University Morgantown, West Virginia Philadelphia, Pennsylvania David N. Cassuto J. Peter Byrne Associate Professor Professor Pace Law School Georgetown University Law Center White Plains, New York Washington, D.C. Cathleen Cavell Phoenix Cai Adjunct Professor Assistant Professor Boston College Law School Sturm College of Law Newton, Massachusetts University of Denver Denver, Colorado Jennifer Chacon Professor Burton Caine UC Davis School of Law Professor Davis, California Beasley School of Law Temple University Williamson B.C. Chang Philadelphia, Pennsylvania Professor William S. Richardson School of Law Charles Calleros University of Hawai’i Professor Honolulu, Hawai’i Sandra Day O’Connor College of Law Arizona State University Federico Cheever Tempe, Arizona Professor and Director, Environmental and Natural Resources Law Program Christopher David Ruiz Cameron Sturm College of Law Associate Dean for Academic Affairs University of Denver and Professor Denver, Colorado Southwestern Law School Los Angeles, California Erwin Chemerinsky Alston and Bird Professor Evan Caminker Duke University School of Law Dean and Professor Durham, North Carolina University of Michigan Law School Ann Arbor, Michigan Margaret Chon Professor and Dean’s Distinguished Scholar John J. Capowski Seattle University School of Law Associate Professor Seattle, Washington Widener University School of Law Harrisburg, Pennsylvania

- 7 - Sarah H. Cleveland Alison W. Conner Marrs McLean Professor Professor and Director, International University of Texas School of Law Programs Austin, Texas William S. Richardson School of Law University of Hawai’i Robert N. Clinton Honolulu, Hawai’i Foundation Professor Sandra Day O’Connor College of Law Kim Diana Connolly Arizona State University Associate Professor Tempe, Arizona University of South Carolina School of Law Columbia, South Carolina George Cochran Professor of Law Greg Costello University of Mississippi School of Law Adjunct Professor University, Mississippi University of Oregon School of Law Eugene, Oregon Neil H. Cogan Vice President and Dean Jan Costello Whittier Law School Professor Costa Mesa, California Loyola Law School Los Angeles, California Julie E. Cohen Professor andré douglas pond cummings Georgetown University Law Center Associate Professor Washington, D.C. West Virginia University College of Law Morgantown, West Virginia Jamison E. Colburn Associate Professor Michele Landis Dauber Western New England College School of Associate Professor Law Bernard D. Bergreen Faculty Scholar Springfield, Massachusetts Stanford Law School Stanford, California Liz Ryan Cole Professor and Director, SiP/ESW John H. Davidson Vermont Law School Professor South Royalton, Vermont University of South Dakota School of Law Vermillion, South Dakota Andrea Coles-Bjerre Assistant Professor O.E. Delogu University of Oregon School of Law Professor 1515 Agate St. University of Maine School of Law Eugene, Oregon Portland, Maine

- 8 - John C. Dernbach Jeff Ellis Professor Adjunct Professor Widener University School of Law Seattle University School of Law Harrisburg, Pennsylvania Seattle, Washington

Charles DiSalvo Garrett Epps Woodrow A. Potesta Professor Orlando John and Marian H. Hollis West Virginia University College of Law Professor Morgantown, West Virginia University of Oregon School of Law Eugene, Oregon Debra L. Donahue Winston S. Howard Distinguished Professor Diane L. Fahey University of Wyoming College of Law Associate Professor Laramie, Wyoming New York Law School New York, New York Holly Doremus Professor Daniel A. Farber UC Davis School of Law Sho Sato Professsor Davis, California Boalt Hall School of Law University of California, Berkeley Michael C. Dorf Berkeley, California Michael I. Sovern Professor Columbia Law School Paul S. Ferber New York, New York Professor Vermont Law School Jay Dougherty South Royalton, Vermont Professor Loyola Law School Noel Fidel Los Angeles, California Associate Dean Sandra Day O’Connor College of Law Myrl L. Duncan Arizona State University Professor Tempe, Arizona Washburn University School of Law Topeka, Kansas Jeffrey L. Fisher Associate Professor Gabriel Eckstein Stanford Law School George W. McCleskey Professor Stanford, California Director, Center for Water Law and Policy Texas Tech University School of Law Margaret E. Fisher Lubbock, Texas Adjunct Professor Seattle University School of Law Maxine Eichner Seattle, Washington Associate Professor University of North Carolina School of Law Chapel Hill, North Carolina

- 9 - Paul Fisher William Funk Adjunct Professor Professor Straus Institute for Dispute Resolution Lewis and Clark Law School Pepperdine University School of Law Portland, Oregon Malibu, California Elaine H. Gagliardi Patty Fitzsimmons Professor Director, Child Advocacy Clinic University of Montana School of Law University of San Francisco School of Law Missoula, Montana San Francisco, California Eileen Gauna Cynthia Ford Professor Professor University of New Mexico School of Law University of Montana School of Law Albuquerque, New Mexico Missoula, Montana Alex Geisinger Susan Saab Fortney Professor and Associate Dean George H. Mahon Professor Valparaiso University School of Law Texas Tech University School of Law Valparaiso, Indiana Lubbock, Texas Theresa Glennon Monroe H. Freedman Professor Professor Beasley School of Law Hofstra University School of Law Temple University Hempstead, New York Philadelphia, Pennsylvania

Susan F. French Dale Goble Professor Margaret Wilson Schimke Distinguished UCLA School of Law Professor Los Angeles, California University of Idaho College of Law Moscow, Idaho Eric T. Freyfogle Max L. Rowe Professor Paul M. Goda, S.J. University of Illinois College of Law Professor Champaign, Illinois Santa Clara University School of Law Santa Clara, California Philip P. Frickey Alexander F. and May T. Morrison Julia Gold Professor Senior Lecturer Boalt Hall School of Law University of Washington School of Law University of California, Berkeley Seattle, Washington Berkeley, California

- 10 - Carole E. Goldberg Jamie Grodsky Professor Associate Professor UCLA School of Law George Washington University Law School Los Angeles, California Washington, D.C.

Michael J. Goldberg Jonathan M. Gutoff Professor Associate Professor Widener University School of Law Ralph R. Papitto School of Law Wilmington, Delaware Roger Williams University Bristol, Rhode Island Phyllis Goldfarb Professor Phoebe A. Haddon Boston College Law School Professor Newton, Massachusetts Beasley School of Law Temple University Jared Goldstein Philadelphia, Pennsylvania Associate Professor Ralph R. Papitto School of Law Vivian Hamilton Roger Williams University Associate Professor Bristol, Rhode Island West Virginia University College of Law Morgantown, West Virginia Frank Goodman Professor Cheryl I. Harris University of Pennsylvania Law School Professor Philadelphia, Pennsylvania UCLA School of Law Los Angeles, California Ryan Goodman Rita E. Hauser Professor Seth Harris Harvard Law School Professor and Director, Labor and Cambridge, Massachusetts Employment Law Program New York Law School Kevin Gover New York, New York Professor Sandra Day O’Connor College of Law Christopher Hawthorne Arizona State University Associate Clinical Professor Tempe, Arizona Loyola Law School Los Angeles, California James M. Grijalva Randy H. Lee Professor Bruce Hay University of North Dakota School of Law Professor Grand Forks, North Dakota Harvard Law School Cambridge, Massachusetts

- 11 - Paul T. Hayden Michael H. Hoffheimer Professor and Jacob Becker Fellow Professor Loyola Law School University of Mississippi School of Law Los Angeles, California University, Mississippi

Michael P. Healy Maury Holland Associate Dean for Academic Affairs Professor Dorothy Salmon Professor University of Oregon School of Law University of Kentucky College of Law Eugene, Oregon Lexington, Kentucky Wythe W. Holt, Jr. Thomas Healy University Research Professor Emeritus Associate Professor University of Alabama School of Law Seton Hall University School of Law Tuscaloosa, Alabama Newark, New Jersey Oliver Houck Virginia E. Hench Professor Professor Tulane University Law School William S. Richardson School of Law New Orleans, Louisiana University of Hawai’i Honolulu, Hawai’i David Hricik Associate Professor Lynne Henderson Mercer University School of Law Professor Macon, Georgia William S. Boyd School of Law University of Nevada, Las Vegas David Hunter Las Vegas, Nevada Assistant Professor Washington College of Law Marybeth Herald American University Professor Washington, D.C. Thomas Jefferson School of Law San Diego, California Lisa C. Ikemoto Professor Michael Higdon UC Davis School of Law Lawyering Process Professor Davis, California William S. Boyd School of Law University of Nevada, Las Vegas Becky L. Jacobs Las Vegas, Nevada Associate Professor University of Tennessee College of Law Eve L. Hill Knoxville, Tennessee Visiting Associate Professor Loyola Law School Los Angeles, California

- 12 - Kate Jastram Kirk W. Junker Lecturer in Residence Assistant Professor and Director of Boalt Hall School of Law International Programs University of California, Berkeley Duquesne University School of Law Berkeley, California Pittsburgh, Pennsylvania

Stewart Jay David Kairys William L. Dwyer Chair James E. Beasley Professor University of Washington School of Law Beasley School of Law Seattle, Washington Temple University Philadelphia, Pennsylvania Elizabeth E. Joh Acting Professor Yale Kamisar UC Davis School of Law Distinguished Professor Davis, California University of San Diego School of Law San Diego, California Margaret Z. Johns Clarence Darrow Distinguished University Professor Professor Emeritus UC Davis School of Law University of Michigan Law School Davis, California Ann Arbor, Michigan

Barry L. Johnson Helen H. Kang Professor Associate Professor and Director, Clean Air Oklahoma City University School of Law Accountability Project, Environmental Law Oklahoma City, Oklahoma and Justice Clinic Golden Gate University School of Law Kevin R. Johnson San Francisco, California Professor UC Davis School of Law Stephen Kanter Davis, California Professor and Dean (1986-1994) Lewis and Clark Law School Sheri Lynn Johnson Portland, Oregon Professor Cornell University Law School Pamela S. Karlan Ithaca, New York Kenneth and Harle Montgomery Professor Co-Director Stanford Law School Supreme Craig N. Johnston Court Litigation Clinic Professor Stanford Law School Lewis and Clark Law School Stanford, California Portland, Oregon Kenneth L. Karst David G. Price and Dallas P. Price Professor of Law Emeritus UCLA School of Law Los Angeles, California

- 13 - Madeline June Kass Kenneth N. Klee Assistant Professor Professor Thomas Jefferson School of Law UCLA School of Law San Diego, California Los Angeles, California

Robert B. Keiter Christine A. Klein Wallace Stegner Professor Professor S.J. Quinney College of Law Fredric G. Levin College of Law University of Utah University of Florida Salt Lake City, Utah Gainesville, Florida

Lisa Kelly Karrin Klotz Professor and Director of Children and Adjunct Professor Youth Advocacy Clinic (CAYAC) Seattle University School of Law University of Washington School of Law Seattle, Washington Seattle, Washington W.H. Knight, Jr. Michael J. Kelly Dean and Professor Professor University of Washington School of Law Creighton University School of Law Seattle, Washington Omaha, Nebraska Michael S. Knoll J. Clark Kelso Theodore K. Warner Professor Professor and Director, Capital Center for University of Pennsylvania Law School Government Law and Policy Philadelphia, Pennsylvania McGeorge School of Law University of the Pacific John H. Knox Sacramento, California Professor Dickinson School of Law Gregg W. Kettles Pennsylvania State University Professor of Law State College, Pennsylvania Mississippi College School of Law Jackson, Mississippi Harold Hongju Koh Dean and Gerard C. and Bernice Latrobe Judith Kilpatrick Smith Professor Professor Yale Law School University of Arkansas School of Law New Haven, Connecticut Fayetteville, Arkansas Sarah Krakoff Shery Kime-Goodwin Associate Professor Adjunct Professor University of Colorado School of Law Texas Tech University School of Law Boulder, Colorado Lubbock, Texas

- 14 - Ellen Kreitzberg John D. Leshy Professor Harry D. Sunderland Distinguished Santa Clara University School of Law Professor Santa Clara, California Hastings College of the Law University of California Patrice H. Kunesh San Francisco, California Assistant Professor University of South Dakota School of Law Lawrence Lessig Vermillion, South Dakota C. Wendell and Edith M. Carlsmith Professor Roberta Rosenthal Kwall Stanford Law School Raymond P. Niro Professor Stanford, California DePaul University College of Law Chicago, Illinois Richard Leo Associate Professor Maureen E. Laflin University of San Francisco School of Law Professor and Director of Clinical Programs San Francisco, California University of Idaho College of Law Moscow, Idaho Leon Letwin Professor Emeritus Mary LaFrance UCLA Law School William S. Boyd Professor Los Angeles, California William S. Boyd School of Law University of Nevada, Las Vegas Laurie Levenson Las Vegas, Nevada Professor Loyola Law School Brian K. Landsberg Los Angeles, California Professor McGeorge School of Law Mark Levin University of the Pacific Associate Professor Sacramento, California William S. Richardson School of Law University of Hawai’i Ronald B. Lansing Honolulu, Hawai’i Professor Lewis and Clark Law School Lawrence C. Levine Portland, Oregon Professor McGeorge School of Law Carlton F.W. Larson University of the Pacific Acting Professor Sacramento, California UC Davis School of Law Davis, California Samuel J. Levine Associate Professor Pepperdine University School of Law Malibu, California

- 15 - Sanford Levinson Beth Lyon W. St. John Garwood and W. St. John Assistant Professor Garwood, Jr. Chair Villanova University School of Law University of Texas School of Law Villanova, Pennsylvania Austin, Texas Kerry Macintosh Raven Lidman Professor Professor Santa Clara University School of Law Seattle University School of Law Santa Clara, California Seattle, Washington Gregory P. Magarian Albert Lin Professor Acting Professor Villanova University School of Law UC Davis School of Law Villanova, Pennsylvania Davis, California Linda A. Malone Robert Justin Lipkin Visiting Professor Professor of Law University of Virginia School of Law Widener University School of Law Charlottesville, Virginia Wilmington, Delaware Marshall-Wythe Foundation Professor and Director, Human Rights and National Jessica Litman Security Law Program Professor Marshall-Wythe School of Law University of Michigan Law School College of William and Mary Ann Arbor, Michigan Williamsburg, Virginia

Rory K. Little Kenneth A. Manaster Professor Professor Hastings College of the Law Santa Clara University School of Law University of California Santa Clara, California San Francisco, California Susan Mandiberg Steven Lubet Professor Professor Lewis and Clark Law School Northwestern University School of Law Portland, Oregon Chicago, Illinois Karl Manheim Julie Lurman Professor Assistant Professor Loyola Law School University of Alaska, Fairbanks Los Angeles, California Fairbanks, Alaska Maya Manian Associate Professor University of San Francisco School of Law San Francisco, California

- 16 - Ronald J. Mann James R. May Ben H. and Kitty King Powell Chair in Associate Professor Business and Commercial Law and Co- Widener University School of Law Director, Center for Law, Business and Wilmington, Delaware Economics University of Texas School of Law Thomas Wm. Mayo Austin, Texas Associate Professor Dedman School of Law David Marcus Southern Methodist University Associate Professor Dallas, Texas James E. Rogers College of Law University of Arizona J. Thomas McCarthy Tucson, Arizona Professor University of San Francisco School of Law Lawrence C. Marshall San Francisco, California Professor, Associate Dean for Public Interest and Clinical Education, and David Brett H. McDonnell and Stephanie Mills Director of Clinical Professor Education University of Minnesota Law School Stanford Law School Minneapolis, Minnesota Stanford, California Patrick C. McGinley Shaun Martin Professor Professor West Virginia University College of Law University of San Diego School of Law Morgantown, West Virginia San Diego, California David K. Mears Jennifer M. Mason Assistant Professor Associate Professor Vermont Law School Notre Dame Law School South Royalton, Vermont Notre Dame, Indiana Ana Maria Merico Allen Matheson Associate Professor Professor James E. Rogers College of Law Sandra Day O’Connor College of Law University of Arizona Arizona State University Tucson, Arizona Tempe, Arizona Cynthia Mertens Christopher N. May Professor and Associate Dean Professor Santa Clara University School of Law Loyola Law School Santa Clara, California Los Angeles, California

- 17 - Bernadette Meyler Muriel Morisey Assistant Professor Associate Professor of Law Cornell University Law School Beasley School of Law Ithaca, New York Temple University Philadelphia, Pennsylvania Frank I. Michelman Robert Walmsley University Professor Alan B. Morrison Harvard Law School Senior Lecturer Cambridge, Massachusetts Stanford Law School Stanford, California Scott Michelman Faculty Fellow, Civil Litigation Clinic Trevor W. Morrison Seton Hall University School of Law Associate Professor Newark, New Jersey Cornell University Law School Ithaca, New York Paul Steven Miller Professor Linda S. Mullenix University of Washington School of Law Morris and Rita Atlas Chair in Advocacy Seattle, Washington University of Texas School of Law Austin, Texas Martha Minow Jeremiah Smith, Jr. Professor Gregory O. Munro Harvard Law School Professor Cambridge, Massachusetts University of Montana School of Law Missoula, Montana Joel Mintz Professor Alison J. Nathan Shepard Broad Law Center Visiting Assistant Professor Nova Southeastern University Fordham University School of Law Fort Lauderdale, Florida Bronx, New York

Michael S. Mireles Odeana R. Neal Professor Associate Professor of Law & Director, Sturm College of Law Attorney Practice Internships University of Denver University of Baltimore School of Law Denver, Colorado Baltimore, Maryland

Richard J. Morgan Charles Nesson Dean William F. Weld Professor William S. Boyd School of Law Harvard Law School University of Nevada, Las Vegas Cambridge, Massachusetts Las Vegas, Nevada

- 18 - Stephen A. Newman Patrick Parenteau Professor Professor New York Law School Director, Environmental and Natural New York, New York Resources Law Clinic Vermont Law School David Nimmer South Royalton, Vermont Visiting Professor UCLA School of Law Frank Pasquale Los Angeles, California Associate Professor of Law Seton Hall University School of Law John T. Nockleby Newark, New Jersey Professor and Director of Civil Justice Program Robert Pauw Loyola Law School Adjunct Professor Los Angeles, California Seattle University School of Law Seattle, Washington Michelle Oberman Professor Craig Pease Santa Clara University School of Law Professor, Environmental Law Center Santa Clara, California Vermont Law School South Royalton, Vermont Paul Ohm Associate Professor Robert Percival University of Colorado School of Law Robert F. Stanton Professor Boulder, Colorado University of Maryland School of Law Baltimore, Maryland Hari M. Osofsky Visiting Assistant Professor Michael Perlin University of Oregon School of Law Professor Eugene, Oregon New York Law School New York, New York Mary-Rose Papandrea Assistant Professor Robert Peterson Boston College Law School Professor Newton, Massachusetts Santa Clara University School of Law Santa Clara, California Rafael I. Pardo Associate Professor Zygmunt J.B. Plater Seattle University School of Law Professor Seattle, Washington Boston College Law School Newton, Massachusetts

- 19 - Donald J. Polden Mark C. Rahdert Dean and Professor Professor Santa Clara University School of Law Beasley School of Law Santa Clara, California Temple University Philadelphia, Pennsylvania John A. E. Pottow Assistant Professor Gowri Ramachandran University of Michigan Law School Associate Professor Ann Arbor, Michigan Southwestern Law School Los Angeles, California Ann Powers Associate Professor, Center for Clifford Rechtschaffen Environmental Legal Studies Professor Pace Law School Golden Gate University School of Law White Plains, New York San Francisco, California

Martin H. Pritikin Martin H. Redish Assistant Professor Louis and Harriet Ancel Professor Whittier Law School Northwestern University School of Law Costa Mesa, California Chicago, Illinois

Diana Pullin R. Anthony Reese Professor Arnold, White and Durkee Centennial Boston College Law School Professor Newton, Massachusetts University of Texas School of Law Austin, Texas C. Delos Putz Professor Jeffrey T. Renz University of San Francisco School of Law Director, Criminal Defense Clinic San Francisco, California University of Montana School of Law Missoula, Montana Margaret Jane Radin William Benjamin Scott and Luna M. Scott Mark Reutlinger Professor Professor Emeritus Stanford Law School Seattle University School of Law Stanford, California Seattle, Washington Microsoft Fellow in Law and Public Affairs Princeton University Deborah L. Rhode Princeton, New Jersey Ernest W. McFarland Professor and Director, Stanford Center on Ethics Myrna Raeder Stanford Law School Professor Stanford, California Southwestern Law School Los Angeles, California

- 20 - David A. Rice S. James Rosenfeld Professor of Law Adjunct Professor and Director, Continuing Director, Portuguese-American Comparative Legal Education and Distance Education Law Center Seattle University School of Law Ralph R. Papitto School of Law Seattle, Washington Roger Williams University Bristol, Rhode Island Jennifer E. Rothman Associate Professor Cookie Ridolfi Washington University in St. Louis School Professor and Director, Northern California of Law Innocence Project St. Louis, Missouri Santa Clara University School of Law Santa Clara, California Thomas D. Rowe, Jr. Elvin R. Latty Professor Sandra Rierson Duke University School of Law Assistant Professor Durham, North Carolina Thomas Jefferson School of Law San Diego, California Keith A. Rowley Professor Michael J. Robinson-Dorn William S. Boyd School of Law Assistant Professor and Director, Kathy and University of Nevada, Las Vegas Steve Berman Environmental Law Clinic Las Vegas, Nevada University of Washington School of Law Seattle, Washington Irma Russell Professor Daniel B. Rodriguez Cecil C. Humphreys School of Law Warren Distinguished Professor and Dean University of Memphis Emeritus Memphis, Tennessee University of San Diego School of Law San Diego, California Margaret Russell Professor Daniel J. Rohlf Santa Clara University School of Law Associate Professor Santa Clara, California Lewis and Clark Law School Portland, Oregon Erin Ryan Assistant Professor Jeffrey Rosen Marshall-Wythe School of Law Professor College of William and Mary George Washington University Law School Williamsburg, Virginia Washington, D.C. Elizabeth J. Samuels Associate Professor University of Baltimore School of Law Baltimore, Maryland

- 21 - Catherine Sandoval Milton Schroeder Assistant Professor Professor Santa Clara University School of Law Sandra Day O’Connor College of Law Santa Clara, California Arizona State University Tempe, Arizona Margaret L. Satterthwaite Assistant Professor Herman Schwartz New York University School of Law Professor New York, New York Washington College of Law American University George Schatzki Washington, D.C. Professor Sandra Day O’Connor College of Law Paul M. Secunda Arizona State University Assistant Professor Tempe, Arizona University of Mississippi School of Law University, Mississippi Alan W. Scheflin Professor Charles Shafer Santa Clara University School of Law Professor Santa Clara, California University of Baltimore School of Law Baltimore, Maryland Michael H. Schill Dean Katherine C. Sheehan UCLA School of Law Professor Los Angeles, California Southwestern Law School Los Angeles, California Pierre Schlag Byron White Professor and Associate Dean Howard A. Shelanski for Research Professor University of Colorado School of Law Boalt Hall School of Law Boulder, Colorado University of California, Berkeley Berkeley, California Margo Schlanger Professor Steve Sheppard Washington University in St. Louis Professor School of Law University of Arkansas School of Law St. Louis, Missouri Fayetteville, Arkansas

Chris Schroeder Suzanna Sherry Charles S. Murphy Professor and Director, Professor Program in Public Law Vanderbilt University Law School Duke University School of Law Nashville, Tennessee Durham, North Carolina

- 22 - Steven H. Shiffrin Norman W. Spaulding Professor Professor and John A. Wilson Distinguished Cornell University Law School Faculty Scholar Ithaca, New York Stanford Law School Stanford, California Andrew Silverman Joseph M. Livermore Professor and Director Ralph S. Spritzer of Clinical Program Professor James E. Rogers College of Law Sandra Day O’Connor College of Law University of Arizona Arizona State University Tucson, Arizona Tempe, Arizona

John Cary Sims Gregory M. Stein Professor Woolf, McClane, Bright, Allen and McGeorge School of Law Carpenter Distinguished Professor University of the Pacific University of Tennessee College of Law Sacramento, California Knoxville, Tennessee

Amy Sinden Marc I. Steinberg Associate Professor Rupert and Lillian Radford Professor Beasley School of Law Dedman School of Law Temple University Southern Methodist University Philadelphia, Pennsylvania Dallas, Texas

David M. Skover Jeffrey W. Stempel Professor and Dean’s Distinguished Doris S. and Theodore B. Lee Professor Research Scholar William S. Boyd School of Law Seattle University School of Law University of Nevada, Las Vegas Seattle, Washington Las Vegas, Nevada

Deirdre M. Smith Ethan Stone Associate Professor and Director, Associate Professor Cumberland Legal Aid Clinic University of Iowa College of Law University of Maine School of Law Iowa City, Iowa Portland, Maine Geoffrey R. Stone Maylinn Smith Harry Kalven, Jr. Distinguished Service Professor and Director, Indian Law Clinic Professor University of Montana School of Law University of Chicago Law School Missoula, Montana Chicago, Illinois

Fritz Snyder John A. Strait Associate Dean Associate Professor University of Montana School of Law Seattle University School of Law Missoula, Montana Seattle, Washington

- 23 - Katherine J. Strandburg Michael E. Tigar Associate Professor Research Professor DePaul University College of Law Washington College of Law Chicago, Illinois American University Washington, D.C. Andrew Strauss Professor Carl Tobias Widener University School of Law Williams Professor Wilmington, Delaware University of Richmond School of Law Richmond, Virginia Juliet P. Stumpf Associate Professor Daniel P. Tokaji Lewis and Clark Law School Assistant Professor Portland, Oregon Moritz College of Law Ohio State University Michael F. Sturley Columbus, Ohio Stanley D. and Sandra J. Rosenberg Centennial Professor Margaret A. Tonon University of Texas School of Law Clinical Director and Director for Student Austin, Texas Affairs University of Montana School of Law Eleanor Swift Missoula, Montana Professor Boalt Hall School of Law James E. Towery University of California, Berkeley Adjunct Professor Berkeley, California Santa Clara University School of Law Santa Clara, California John E. Taylor Professor Associate Professor Lincoln Law School of San Jose West Virginia University College of Law San Jose, California Morgantown, West Virginia Laurence H. Tribe Elizabeth Thornburg Carl M. Loeb University Professor Professor Harvard Law School Dedman School of Law Cambridge, Massachusetts Southern Methodist University Dallas, Texas Jack Tuholske Adjunct Professor David B. Thronson University of Montana School of Law Associate Professor Missoula, Montana William S. Boyd School of Law University of Nevada, Las Vegas Mark Tushnet Las Vegas, Nevada William Nelson Cromwell Professor Harvard Law School Cambridge, Massachusetts

- 24 - Gerald F. Uelmen Martin Wagner Professor Adjunct Professor Santa Clara University School of Law Golden Gate University School of Law Santa Clara, California San Francisco, California

Georgene Vairo Rhonda Wasserman Professor Professor Loyola Law School University of Pittsburgh School of Law Los Angeles, California Pittsburgh, Pennsylvania

Jonathan D. Varat Michael Waterstone Professor Associate Professor UCLA School of Law Loyola Law School Los Angeles, California Los Angeles, California

Lea B. Vaughn Jonathan Weinberg Professor Professor University of Washington School of Law Wayne State University Law School Seattle, Washington Detroit, Michigan

Carlos M. Vázquez Catherine Wells Professor Professor Georgetown University Law Center Boston College Law School Washington, D.C. Newton, Massachusetts

Robert R.M. Verchick W. Bradley Wendel Gauthier - St. Martin Eminent Scholar Chair Professor Loyola University New Orleans College of Cornell University Law School Law Ithaca, New York New Orleans, Louisiana Marianne Wesson Joan Vogel Professor Professor University of Colorado School of Law Vermont Law School Boulder, Colorado South Royalton, Vermont Kimberly West-Faulcon Eugene Volokh Associate Professor Gary T. Schwartz Professor Loyola Law School UCLA School of Law Los Angeles, California Los Angeles, California

Nhan T. Vu Associate Professor Chapman University School of Law Orange, California

- 25 - James Wheaton William J. Woodward, Jr. Visiting Lecturer Professor Graduate School of Communications Beasley School of Law Stanford University Temple University Stanford, California Philadelphia, Pennsylvania Visiting Lecturer Graduate School of Journalism Eric Wright University of California, Berkeley Professor Berkeley, California Santa Clara University School of Law Santa Clara, California Patricia White Dean Nancy Wright Sandra Day O’Connor College of Law Associate Professor Arizona State University Santa Clara University School of Law Tempe, Arizona Santa Clara, California

Stephanie M. Wildman Alfred C. Yen Professor and Director, Center for Social Professor, Law School Fund Scholar and Justice and Public Service Director, Emerging Enterprises and Santa Clara University School of Law Business Law Program Santa Clara, California Boston College Law School Newton, Massachusetts Gary Williams Professor John Yoo Loyola Law School Professor Los Angeles, California Boalt Hall School of Law University of California, Berkeley Stephen Wizner Berkeley, California William O. Douglas Clinical Professor Yale Law School Candace M. Zierdt New Haven, Connecticut Alan Gray Professor University of North Dakota School of Law Tobias Barrington Wolff Grand Forks, North Dakota Professor UC Davis School of Law Richard Zitrin Davis, California Adjunct Professor and Retired Director of the University of San Francisco Center for Mary Christina Wood Applied Legal Ethics Professor, Dean’s Distinguished Faculty University of San Francisco School of Law Fellow San Francisco, California University of Oregon School of Law Adjunct Professor Eugene, Oregon Hastings College of the Law University of California San Francisco, California

- 26 - David M. Zlotnick Distinguished Service Professor Ralph R. Papitto School of Law Roger Williams University Bristol, Rhode Island

- 27 -