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Professor Nelson Lund's Curriculum Vitae
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WORK
George Mason University School of Law
Patrick Henry Professor of Constitutional Law and the Second Amendment
Vice Dean, 2006-2007
Foundation Professor of Law, 2002-2003
Acting Associate Dean for Academic Affairs, 1996-1998
Professor of Law, 1995-2002
Associate Professor of Law, 1992-1995
Supreme Court Economic Review
Co-Editor, 1994-1998, 2000-2001
Consulting Editor, 1998-2000
Executive Editor, 1992-1994
The White House
Associate Counsel to the President, 1989-1992
Honorable Sandra Day O’Connor
United States Supreme Court
Law Clerk, O.T. 1987
Office of Legal Counsel
United States Department of Justice
Attorney-Advisor, 1986-1987
Honorable Patrick E. Higginbotham
United States Court of Appeals for the Fifth Circuit
Law Clerk, 1985-1986
Office of the Solicitor General
United States Department of Justice
Summer Intern, 1985
Reuben & Proctor (now defunct)
Chicago, Illinois
Summer Associate, 1984
Mid-America Legal Foundation
Chicago, Illinois
Summer Intern, 1983
University of Chicago
Humanities Collegiate Division
William Rainey Harper Instructor, 1981-1982
PUBLIC SERVICE
Commission on Federal Election Reform
Jimmy Carter and James A. Baker, III, co-chairs
Commission Member, 2005
Center for Legal and Judicial Studies
Heritage Foundation
Legal Advisory Board, 2001-present
Virginia Institute for Public Policy
Board of Scholars, 2000-present
Journal of Law and Politics
Board of Academic Advisors, 2001-present
Governor’s Advisory Council on Self-Determination
and Federalism
Commonwealth of Virginia, 1994-1996
SCHOOLING
University of Chicago Law School
J.D. Cum laude 1985
Order of the Coif
Executive Editor, University of Chicago Law Review
Chapter Chairman, Federalist Society for Law & Public Policy
Harvard University
Ph.D. (Political Science) 1981
A.M. (Political Science) 1979
Catholic University of America, School of Philosophy
M.A. (Philosophy) 1978
St. John’s College, Annapolis, Maryland
B.A. Magna cum laude (Liberal Arts) 1974
PUBLICATIONS
Second Amendment and Firearms Regulation
Symposium on "Rearming: The D.C. Gun Ban Gets
Overruled," National Review Online, March 12, 2007
Have Gun, Can’t Travel: The Right to Arms under the
Privileges and Immunities Clause of Article IV, 73 UMKC Law Review 951
(2005)
The Second Amendment, The Heritage Guide to the
Constitution, Matthew Spalding and David Forte, eds. (Regnery 2005)
Putting the Second Amendment to Sleep (book review), 8 Green Bag 2d
101 (2004)
Federalism and the Constitutional Right to Keep and Bear Arms, 33 Publius:
The Journal of Federalism, No. 3, at 63 (Summer 2003)
Will Supreme Court Rule Correctly on Second Amendment?: Ninth Circuit
Denies Individual Right to Bear Arms, Human Events, January 6, 2003,
at 18
A Primer on the Constitutional Right to Keep and Bear Arms, Policy
Paper No. 7, Virginia Institute for Public Policy (June, 2002)
[http://www.virginiainstitute.org/publications/primer_on_const.php]
Second Amendment Victory: People Really Do Have a Right to Keep and
Bear Arms, Interrogatory with Kathryn Jean Lopez, National Review Online,
October 18, 2001
Outsider Views on Guns and the Constitution (book review), 17 Constitutional
Commentary 1701 (2000)
Taking the Second Amendment Seriously, The Weekly Standard, July 24,
2000, at 21
Firearms Litigation, Tort Liability, and the Second Amendment, 3 Civil
Rights News No. 3, at 1 (E. L. Wiegand Practice Groups of the Federalist
Society, Winter, 2000)
The Ends of Second Amendment Jurisprudence: Firearms Disabilities and
Domestic Violence Restraining Orders, 4 Texas Review of Law & Politics
157 (1999)
Second Amendment Decision Breaks New Ground, 3 Civil Rights News No.
1, at 10 (E. L. Wiegand Practice Groups of the Federalist Society, Spring
1998)
Gunning Down Crime: The Statistics of Concealed Weapons (book review),
The Weekly Standard, June 1, 1998, at 35
Firearms and Tort Law, 2 Litigation News No. 1, at 1 (E. L. Wiegand
Practice Groups of the Federalist Society, Spring 1998)
The Past and Future of the Individual’s Right to Arms, 31 Georgia
Law Review 1 (1996)
The Second Amendment, Political Liberty, and the Right to Self Preservation,
39 Alabama Law Review 103 (1987)
(reprinted in 2 Robert J. Cottrol, ed., Gun Control and the Constitution
(Garland, 1993))
Federalism and Separation of Powers
ABAndoning the Constitution, (with Craig S.
Lerner), National Review Online, August 10, 2006
Is Constitution Day Constitutional?, 9 Green Bag 2d 247
(2006)
Precedent Bound? (with Craig S. Lerner), National
Review Online, March 6, 2006
Fig Leaf Federalism and Tenth Amendment Exceptionalism,
22 Constitutional Commentary 11 (2005)
The Uniformity Clause and The Port Preference
Clause, The Heritage Guide to the Constitution, Matthew Spalding and
David Forte, eds. (Regnery 2005)
Putting
Federalism to Sleep: The Wrong Way to Argue Against Assisted Suicide,
The Weekly Standard, October 31, 2005
Supreme Choice .
. . With Encore, Washington Times, September 23, 2005, at A21
Lawrence v. Texas and Judicial Hubris (with John O. McGinnis), 102
Michigan Law Review 1555 (2004)
Federalism and the Constitutional Right to Keep and Bear Arms, 33 Publius:
The Journal of Federalism, No. 3, at 63 (Summer 2003)
Roe v. Wade & Bush v. Gore: Making Judicial Activism “Mainstream,” National
Review Online, May 19, 2003
[http://www.nationalreview.com/comment/comment-lund051903.asp]
Reprinted: 29 Human Life Review No. 2, Spring, 2003, at 99
Politicians in Robes: The Supreme Court’s Smoke Filled Room,
Virginia Viewpoint, Virginia Institute for Public Policy (August, 2003)
Executive Power and Governmental Attorney-Client Privilege: The Clinton
Legacy (with Douglas R. Cox), 17 Journal of Law & Politics 631 (2001)
Why Ray Made the Deal: The Self-Pardon Card, National Review Online,
January 20, 2001 [http://www.nationalreview.com/comment/commentprint012001g.html]
Judicial Management of the Separation of Powers: Recent Trends, in
B. Wilson & K. Masugi, eds., The Supreme Court and American Constitutionalism
(Rowman & Littlefield, 1997)
Federalism and Civil Liberties, 45 University of Kansas Law Review
1045 (1997)
The Mandate Hoax of 1995, National Review, Nov. 27, 1995, at 52
Political Science and Political Weapons, 11 Journal of Law & Politics
537 (1995)
Lawyers and the Defense of the Presidency, 1995 Brigham Young University
Law Review 17
Guardians of the Presidency: The Office of the Counsel to the President
and the Office of Legal Counsel, in C. Clayton, ed., Government Lawyers:
The Federal Legal Bureaucracy and Presidential Politics (University of
Kansas Press, 1995)
Rational Choice at the Office of Legal Counsel, 15 Cardozo Law Review
437 (1993)
Congressional Power over Taxation and Commerce: The Supreme’s
Court Lost Chance to Devise a Consistent Doctrine, 18 Texas Tech Law
Review 729 (1987)
Comment, The Uniformity Clause, 51 University of Chicago Law Review
1193 (1984)
Civil Rights
A Constitutional Right to Self Defense?, 2 Journal of
Law, Economics & Policy 213 (2006)
The Rehnquist Court’s Pragmatic Approach to Civil Rights, 99
Northwestern University Law Review 249 (2004)
Racial Profiling and the War on Terrorism, 4 Engage: The Journal of
the Federalist Society’s Practice Groups No. 2, at 14 (October,
2003)
The Future of Racial Profiling in the War on Terrorism, 2 The CIP Report,
No. 2, Aug. 2003, at 7
The Conservative Case Against Racial Profiling in the War on Terrorism,
66 Albany L. Rev. 329 (2003)
Illusions of Antidiscrimination Law, in Abigail Thernstrom & Stephan
Thernstrom, eds., Beyond the Color Line: New Perspectives on Race and
Ethnicity in America (Hoover Institution Press, 2002)
The Law of Affirmative Action in and after the Civil Rights Act of
1991: Congress Invites Judicial Reform, 6 George Mason Law Review 87
(1997)
The Constitution, the Supreme Court, and Racial Politics, 12 Georgia
State Law Review 1129 (1996)
In Defense of Colorblindness (book review), Wall Street Journal, March
22, 1996, at A10
Retroactivity, Institutional Incentives, and the Politics of Civil
Rights, 1995 Public Interest Law Review 87
Reforming Affirmative Action: How to Restore the Law of Equal Treatment,
Heritage Foundation Report to Congress (August 2, 1995)
Congressional Self-Exemption from the Employment Discrimination Laws:
A Rational Choice Analysis of the Civil Rights Act of 1991, 54 Louisiana
Law Review 1559 (1994)
(reprinted in Roger Clegg, ed., The Civil rights Act of 1991: A Symposium,
National Legal Center for the Public Interest 1994))
Election Law
Bush v. Gore: The Question of Legitimacy (book review), 4 Engage: The
Journal of the Federalist Society’s Practice Groups No. 1, at 154
(May, 2003)
Carnival of Mirrors: Professor Tribe’s “Unbearable Wrongness,” 19
Constitutional Commentary 609 (2002)
“EQUAL PROTECTION, MY ASS!”?: Bush v. Gore and Laurence
Tribe’s Hall of Mirrors, 19 Constitutional Commentary 543 (2002)
The Replacements, Wall Street Journal, October 12, 2002, at A12
Applying Law to the Political Process, 3 Engage: The Journal of the
Federalist Society’s Practice Groups 24-26 (August 2002).
Response to Gary Rosen on “Bush v. Gore,” Commentary (March
2002), at 12
The Unbearable Rightness of Bush v. Gore, 23 Cardozo Law Review 1219
(2002)
The Unbearable Rightness of Bush v. Gore, in Arthur J. Jacobson & Michel
Rosenfeld, eds., The Longest Night: Polemics and Perspectives on Election
2000 (University of California Press, 2002)
An Act of Courage, The Weekly Standard, December 25, 2000, at 19
(reprinted in E.J. Dionne Jr. & William Kristol, eds., Bush v Gore:
The Court Cases and the Commentary (Brookings Institution Press, 2001))
Travesty in Tallahassee, The Weekly Standard, December 18, 2000, at
17
Supreme Court’s Not the Last Word, New York Post, December 4,
2000, at 31
Courts Don’t Own the Law, New York Post, November 20, 2000, at
29
Jurisprudence and Political Philosophy
A Libertarian Constitution (book review), Claremont Review of Books,
Vol. 5, No. 2 (Spring 2005), at 47
Rousseau and Direct Democracy (with a Note on the Supreme Court’s
Term Limits Decision),13 Journal of Contemporary Legal Issues 459(2004)
Capital Punishment in America (book review), 149 Public Interest 122
(Fall 2002)
Landmarks of Constitutional Interpretation (with Charles J. Cooper),
40 Policy Review 10 (1987)
Philosophy and Public Policy (book review), St. John’s Review
(Autumn 1981)
Guardian Politics in ‘The Deer Hunter’ (1978), St. John’s
Review (Winter 1981)
Sex and Language in Rousseau’s Account of Human Origins (doctoral
dissertation, Harvard University 1981)
Bioethics
Putting
Federalism to Sleep: The Wrong Way to Argue Against Assisted Suicide,
The Weekly Standard, October 31, 2005
Why Ashcroft is Wrong on Assisted Suicide, Commentary (Feb. 2002),
at 50 and response to critics, Commentary (May 2002), at 12
(reprinted sub nom. The Federal Government’s Attempt to Ban Assisted
Suicide Threatens Federalism, in Assisted Suicide (Greenhaven Press,
2005))
Biology Takes On Its Own Form of Morality (correspondence), New York
Times, June 5, 1998, at A18
Two Precipices, One Chasm: The Economics of Physician-Assisted Suicide
and Euthanasia, 24 Hastings Constitutional Law Quarterly 903 (1997)
Down Kevorkian’s Slope (book review), The Weekly Standard, July
28, 1997, at 34
Assisted Suicide is Death Knell to Doctor Ethics, Insight Magazine,
at 30 (Feb. 10, 1997)
Courting Death: Assisted Suicide, Doctors, and the Law (with Leon R.
Kass), Commentary (Dec. 1996), at 17
(reprinted in part in Euthanasia: Opposing Viewpoints (Greenhaven Press,
1999))
Physician-Assisted Suicide, Medical Ethics and the Future of the Medical
Profession (with Leon R. Kass), 35 Duquesne Law Review 395 (1996)
Infanticide, Physicians, and the Law: The ‘Baby Doe’ Amendments
to the Child Abuse Prevention and Treatment Act, 11 American Journal
of Law and Medicine 1 (1985)
Legal Ethics and Professional Responsibility
Executive Power and Governmental Attorney-Client Privilege: The Clinton
Legacy (with Douglas R. Cox), 17 Journal of Law & Politics 631 (2001)
The President as Client and the Ethics of the President’s Lawyers,
61 Law and Contemporary Problems No. 2, at 65 (1998)
GOVERNMENT
TESTIMONY
“The Confidentiality Dispute between Vice President Cheney and
the Comptroller General,” Testimony Before the Committee on the
Judiciary, United States Senate, “Accountability Issues: Lessons
Learned From Enron’s Fall,” February 6, 2002
“Procedures for State Initiation of Constitutional Amendments,” Testimony
before the Subcommittee on the Constitution of the Committee on the Judiciary,
U.S. House of Representatives, March 25, 1998
“The Tenth Amendment Enforcement Act of 1996,” Testimony
before the Committee on Governmental Affairs, United States Senate, March
21, 1996
“Federalism and Congressional Incentives,” Testimony before
the Committee on the Budget, United States House of Representatives,
March 5, 1996
“Recent Congressional Actions on the Balanced Budget and Unfunded
Mandates,” Report to the Inaugural Meeting of Governor Allen’s
Advisory Council on Self-Determination and Federalism, February 23, 1995
“Constitutional Considerations in Applying the Employment Laws
to Congress,” Testimony before the Committee on House Administration,
United States House of Representatives, June 30, 1994
“Applying the Employment Laws to Congress: Constitutional Considerations,” Testimony
before the Committee on Governmental Affairs, United States Senate, June
29, 1994
Roundtable on the Voting Rights Act of 1965, Subcommittee on Civil
and Constitutional Rights of the Committee on the Judiciary, U.S. House
of Representatives, May 11, 1994
“The Constitutionality of Extending the Federal Employment Laws
to Congress,” Testimony before the Joint Committee on the Organization
of Congress, United States Congress, June 8, 1993
ACADEMIC
PRESENTATIONS
“The Second Amendment Today,” Rutherford Institute, Charlottesville,
Virginia, July 17, 2007
Lecture, “The Second Amendment and the Parker decision from the D.C. Circuit,”
National Firearms Law Seminar, St. Louis, Missouri, April 13, 2007
"Presidential Signing Statements and the President’s
Obligations as an Interpreter of Statutes," Conference: The Last Word? The
Constitutional Implications of Presidential Signing Statements, William
& Mary Bill of Rights Journal, Williamsburg, Virginia, February 3,
2007
Participant, Liberty Fund Conference, "Supermajority Rules as
an Institution of Liberty," Chicago, Illinois January 19-20, 2007
Panelist, "The Virginia Constitution: the Proposed Amendment
on Marriage and its Effect on Other Agreements," with Cato Institute Senior
Fellow in Constitutional Studies Mark Moller and Professor Joyce Lee Malcolm
(moderator), cosponsored by the Civil Rights Law Journal, the Federalist
Society, and the Gay, Lesbian, and Bisexual Law Association, George Mason
University School of Law, Arlington, Virginia, November 1, 2006
Panelist, "Current Second Amendment Scholarship," Firearms Law
& the Second Amendment Symposium, sponsored by Law Students for the Second
Amendment, George Mason University School of Law, Arlington, Virginia, October
7, 2006
"The Second Amendment," Rutherford Institute, Charlottesville,
Virginia, June 27, 2006
Lecture, "The Meaning of the Second Amendent," National
Firearms Law Seminar, Milwaukee, Wisconsin, May 19, 2006
Participant, "(How) Does Same-Sex Marriage Matter? A
Working Scholars’ Conference," sponsored by Institute For Marriage and
Public Policy and held at George Mason University School of Law,
Arlington, Virginia, May 13, 2006
Moderator, Panel on Constitutional Foundations,
Conference on "Federal Preemption: Law, Economics and Politics," American
Enterprise Institute, Washington, D.C., April 27, 2006
"Lawrence v. Texas: The Worst Opinion in the
History of the Supreme Court?", Address to the University of Tennessee Law
School Chapter of the Federalist Society for Law & Public Policy Studies,
Knoxville, Tennessee, April 12, 2006
"The Text of the Second Amendment, and its Meaning," Address
to the Washington and Lee Law School Chapter of the Federalist Society for Law &
Public Policy Studies, Lexington, Virginia, April 4, 2006
"The Constitutional Right to Keep and Bear Arms and the Future
of Gun Control," Address to the University of Iowa College of Law Chapter of the
Federalist Society for Law & Public Policy Studies, Iowa City, Iowa, March 24,
2006
"The Second Amendment Today," Address to the University
of South Carolina Law School Chapter of the Federalist Society for Law &
Public Policy Studies, Columbia, South Carolina, February 22, 2006
Symposium panelist and moot court judge: "Holding the Purse
Strings: Should the Federal Government have Equal Access to Law Schools without
Equal Treatment of Gays & Lesbians in the Military?" sponsored by the Institute
of Bill of Rights Law: Student Division, William & Mary School of Law,
Williamsburg, Virginia, February 20, 2006
Debate with Professor Kent Greenfield on the Constitutionality
of The Solomon Amendment, Villanova University School of Law, Villanova,
Pennsylvania, February 1, 2006
Debate, "The Solomon Amendment: May Congress Demand That
Universities That Get Federal Funds Allow Military Recruit on Campus?"
with Professor David Cole, Eighth Annual Federalist Society Faculty
Conference, Washington, D.C., January 6, 2006
"The Right of Self-Defense: In or Behind the Constitution?" Bessie
Jones Day Symposium – Modern Issues Involving the Law of Self-Defense,
George Mason University School of Law, November 5, 2005
"Natural Moral Law in the United States Supreme Court,"
Fall Lecture Series on Natural Moral Law and Contemporary Society, School
of Philosophy, Catholic University of America, Washington, D.C., October
21, 2005
Panelist, "Second Amendment, Congress and the Courts"
and "Judicial Activism," 2005 Firearms Law Symposium, sponsored by Law
Students for the Second Amendment and the NRA Foundation, George Mason
University School of Law, Arlington, Virginia, September 24, 2005
Lecture, "The Roots of our Supreme Court's Preeminence,
and its Troubles," St. John’s College, Annapolis, Maryland, September 16,
2005
"Is Constitution Day Constitutional?" Remarks at George Mason
Law School’s first federally mandated Constitution Day program, Arlington,
Virginia, September 16, 2005
Panelist, "Debating the Federal Marriage Amendment,"
American Public Philosophy Institute Panel, Annual Meeting of the American
Political Science Association, Washington, D.C., September 3, 2005
"Drafting a Constitutional Amendment Protecting Marriage,"
Federalism and the Law of Marriage Conference, sponsored by Institute for
Marriage and Public Policy, at Harvard Law School, Cambridge, Massachusetts,
August 26-27, 2005
"Substantive Due Process and the Transformation of
American Judicial Power," Intercollegiate Studies Institute and Princeton
University’s James Madison Program in American Ideals and Institutions,
Princeton, New Jersey, June 28, 2005
“Cause Lawyering in Academia,” Seminar on Cause Lawyers
taught by David Wilkins and Ann Southworth, Harvard Law School, February
23, 2005
“Lawrence v. Texas: The Worst Opinion in the History of the Supreme
Court?”, Alpheus T. Mason Lecture in Constitutional Law and Political
Thought, James Madison Program in American Ideals and Institutions, Princeton
University, Princeton, New Jersey, February 7, 2005
Address, “Lawrence v. Texas: The Worst Opinion in the History
of the Supreme Court?” to the Federalist Society for Law and Public
Policy, Washburn University School of Law, Topeka, Kansas, February 1,
2005
Address, “Lawrence v. Texas: The Worst Opinion in the History
of the Supreme Court?” to the Federalist Society for Law and Public
Policy, Texas Tech University School of Law, Lubbock, Texas, January
31, 2005
Address, “Reviving the Second Amendment,” Federalist Society
for Law and Public Policy, Northwestern Law School, Chicago, Illinois
October 25, 2004
“Election 2000 Revisited: Did the Supreme Court Err,” Debate
with Professor Gerald Moran sponsored by the Federalist Society for Law & Public
Policy Studies, Florida Coastal School of Law, Jacksonville, Florida,
October 11, 2004
“The Rehnquist Court’s Pragmatic Approach to Civil Rights,” Northwestern
University Law Review Symposium on The Rehnquist Court, April 23-24,
2004
Lecture, “The Text of the Second Amendment,” for a continuing
legal education seminar on firearms law sponsored by Law Students for
the Second Amendment, George Mason University School of Law, Arlington,
Virginia, March 27, 2004
Address, “Introduction to the Second Amendment,” to the
St. Eustachius Society and the Federalist Society for Law and Public
Policy, Ave Maria Law School, Ann Arbor, Michigan, March 18, 2004
Discussant, Book Forum on David B. Kopel, Stephen P. Halbrook, and
Alan Korwin, Supreme Court Gun Cases: Two Centuries of Gun Rights Revealed,
American Enterprise Institute, Washington, D.C., October 3, 2003
Discussant, “Progressivism, Courts, and the Expansion of Rights:
Reflections on the Bicentennial of Marbury v. Madison,” Claremont
Institute Panel, Annual Meeting of the American Political Science Association,
Philadelphia, Pennsylvania, August 30, 2003
Symposium on Direct Democracy, University of San Diego School of Law,
San Diego, California, June 6-7, 2003
“Bush v. Gore in Perspective,” Address sponsored by the
Federalist Society for Law & Public Policy Studies, Mercer University
Law School, Macon, Georgia, April 17, 2003
“The D.C. Gun Ban Goes to Court,” panel presentation at
the National Press Club, sponsored by the Federalist Society for Law & Public
Policy Studies, Washington, D.C., April 16, 2003
Debate on the Second Amendment with Brian Siebel, Senior Attorney with
the Legal Action Project of the Brady Center, sponsored by the Federalist
Society for Law & Public Policy Studies, Washington & Lee University
School of Law, Lexington, Virginia, April 2, 2003
“The Second Amendment Today,” Address to the University
of Toledo Law School Chapter of the Federalist Society for Law & Public
Policy Studies, Toledo, Ohio, February 13, 2003
“The Revival of the Second Amendment,” Address to the University
of Pittsburgh School of Law Chapter of the Federalist Society for Law & Public
Policy Studies, Pittsburgh, Pennsylvania, November 25, 2002
“The Conservative Case against Governmental Racial Profiling,” Symposium:
Confronting Realities: The Legal, Moral, and Constitutional Issues Involving
Diversity, Albany Law School, Albany, New York, November 7, 2002
Debate on the Second Amendment, with Allen Rostron from The Brady Center
to Prevent Gun Violence, at the Summer Institute for Teachers, sponsored
by the Bill of Rights Institute, Arlington, Virginia, July 12, 2002
Debate on the Second Amendment, with Daniel R. Vice from the Brady
Center to Prevent Gun Violence United with the Million Mom March Legal
Action Project, at Rutgers-Camden School of Law, Camden, New Jersey,
March 25, 2002
“The Second Amendment, Then and Now,” Panel Presentation,
Northwestern University Law School Conference on Freedom: Testing the
Limits of Diversity, Chicago, Illinois, March 7, 2002
“The Revival of the Second Amendment,”Address to the University
of Virginia Law School Chapter of the Federalist Society for Law & Public
Policy Studies, Charlottesville, Virginia, February 7, 2002
“Applying Law to the Political Process,” panel presentation:
Judicial Decisionmaking: The Case of Judicial Oversight of the Political
Process, Fifteenth Annual National Lawyers Convention, Federalist Society
for Law & Public Policy, Washington, D.C., November 16, 2001
“Bush v. Gore and the Rule of Law, Committee for the American
Founding, Amherst, Massachusetts, October 13, 2001
“The Slandered Court: Putting the 2000 Term in Perspective,” Heritage
Foundation Conference, Courtside View: Scholars and Scribes Look at the
Supreme Court's 2000-2001 Term, Washington, D.C., July 9, 2001
“Law and Politics in Bush v. Gore,” Address to the National Association
of Scholars, New York, New York, April 29, 2001
“Assessing and Applying Bush v. Gore,” Votes and Voices
Symposium: Reevaluations in the Aftermath of the 2000 Presidential Election,
Benjamin N. Cardozo School of Law, New York, New York, April 26, 2001
“The Future of the Second Amendment,” Address to the William & Mary
Law School Chapter of the Federalist Society for Law & Public Policy
Studies, Williamsburg, Virginia, March 29, 2001
“United States v. Emerson and the Second Amendment Today,” Address
to the Baylor Law School Chapter of the Federalist Society for Law & Public
Policy Studies, March 22, 2001
“The Future of the Second Amendment,” Address to the University
of Kansas Law School Chapter of the Federalist Society for Law & Public
Policy Studies, March 11, 2001
“United States v. Emerson and the Second Amendment Today,” Address
to the Northern Illinois University Law School Chapter of the Federalist
Society for Law & Public Policy Studies, February 16, 2001
Moderator, Book Forum, “More Guns, Less Crime,” with John
Lott (Yale University), Carl Moody (William & Mary), and William
Vogt (Carnegie Mellon), Cato Institute, Washington, D.C., June 16, 2000
“The Second Amendment and the Emerson Case,” Address to
the Catholic University of America Law School Chapter of the Federalist
Society for Law & Public Policy Studies, Washington, D.C., April
25, 2000
“The True Meaning of the Second Amendment,” Debate with
Professor Akhil Reed Amar, sponsored by the Federalist Society for Law & Public
Policy Studies, Yale Law School, New Haven, Connecticut, April 10, 2000
“United States v. Emerson and the Second Amendment Today,” Address
to the University of Missouri-Kansas City Law School Chapter of the Federalist
Society for Law & Public Policy Studies, March 20, 2000
Conference Speaker: “Guns in America—Public Nuisance, Defective
Product, or Constitutional Right?”: Cato Institute, Washington,
D.C., February 29, 2000
“The Second Amendment and the ‘Recoupment’ Suits
Against the Firearms Industry,” Address to the University of Texas
Law School Chapter of the Federalist Society for Law & Public Policy
Studies, Austin, Texas, February 28, 2000
Panelist, “Firearms Litigation, Tort Liability, and the Second
Amendment,” National Lawyers Convention, Federalist Society for
Law & Public Policy Studies, Washington, D.C., November 11, 1999
“The Lanning Decision and the Future of Disparate Impact Doctrine,” Conference
on Comparable Worth and Disparate Impact, Center for Equal Opportunity,
Washington, D.C. September 28, 1999
“A Rediscovery of the Second Amendment?” Address to the
Tampa Bay Lawyers’ Chapter of the Federalist Society for Law & Public
Policy Studies, Tampa, Florida July 15, 1999
Panelist, “The Uncertainty of Governmental Privileges: Defining
the New Relationship between Government Attorneys and their Clients,” The
Robert D. Poling Symposium on Professional Responsibility for Government
Attorneys, sponsored by the Capitol Hill Chapter of the Federal Bar Association,
Washington, D.C., June 10, 1999
“The Individual’s Right to Keep and Bear Arms: How and
Why Public Interest Litigators Should Participate in the Current Gun
Cases,” Remarks at the Heritage Foundation’s Legal Strategy
Forum, Herndon, Virginia, May 13, 1999
“From Tobacco Smoke to Gun Smoke: The Constitution and Government
Litigation against Pariah Products,” Address to the Philadelphia
Lawyers’ Chapter of the Federalist Society for Law & Public
Policy Studies, Philadelphia, Pennsylvania, April 14, 1999
Panel Moderator, “A Debate on Human Cloning,” National
Lawyers Convention, Federalist Society for Law & Public Policy, Washington,
D.C., November 13, 1998
Conference on the Future of Second Amendment Scholarship, sponsored
by Academics for the Second Amendment, Salmon Lake, Montana, July 21-26,
1998
Liberty Fund Colloquium, “Protecting Freedom in the American
Constitutional System,” Charleston, South Carolina, March 5-8,
1998
“The Economics of Physician-Assisted Suicide and Euthanasia,” John
M. Olin Workshop in Law and Economics, Georgetown University Law Center,
Washington, D.C., January 13, 1998
Co-Chair, Conference on “The Limits of Congressional Investigations
of the Private Sector,” sponsored by the Claude R. Lamb Foundation,
Alexandria Virginia, October 30-31, 1997
Panelist, “Tobacco, Firearms, Liquor, Fatty Foods & the Future
of Product Liability,” National Lawyers Convention, Federalist
Society for Law & Public Policy Studies, Washington, D.C., October
16, 1997
Debate, “Federalism and Civil Liberties,” with Professor
Arnold H. Loewy, sponsored by the Federalist Society for Law and Public
Policy, University of North Carolina School of Law, Chapel Hill, North
Carolina, October 9, 1997
Roundtable on “Affirmative Action Law and Policy: Is There Really
a Principle at Stake Here?” sponsored by the Project on American
Constitutionalism, Meeting of the American Political Science Association,
Washington, D.C., August 29, 1997
Conference on “Congressional Power to Correct Judicial Misinterpretations
of the Constitution,” sponsored by the Heritage Foundation, Washington,
D.C., August 20, 1997
Conference on “Judicial Reform,” sponsored by the Heritage
Foundation and National Review, Washington, D.C., April 3, 1997
“Assisted Suicide, Medical Ethics, and the Constitution,” presentation
at Hastings Constitutional Law Quarterly symposium on “Visions
of Death & Dying: Interdisciplinary Perspectives on the Future of
Medical Ethics,” University of California Hastings College of the
Law, San Francisco, California, March 22, 1997
“Federalism and Civil Liberties,” panel presentation at
conference on Federalism in the 21st Century, University of Kansas School
of Law, Lawrence, Kansas, September 26-27, 1996
Liberty Fund Colloquium on “Liberty, The Supreme Court, and the
Powers of Congress,” Freeport, Maine, June 13-16, 1996
“Judicial Management of the Separation of Powers,” presentation
for a panel on The Least Dangerous to the Political Rights of the Constitution:
The Supreme Court as Power Broker, at a Symposium on The Supreme Court
and American Constitutionalism, John M. Ashbrook Center for Public Affairs,
Ashland, University, Ashland, Ohio, April 13, 1996
“The Supreme Court and Racial Politics,” panel presentation
at Symposium on Plessy v. Ferguson After One Hundred Years, Georgia State
College of Law, Atlanta, Georgia, March 28-29, 1996
Debate: “The Right to Keep and Bear Arms: An Individual or Collective
Right?” with Mark Polston, Coalition to Prevent Handgun Violence,
sponsored by the Federalist Society for Law & Public Policy Studies
at the Washington College of Law, American University, Washington, D.C.,
October 2, 1995
“Interjurisdictional Competition, Civil Rights, and Civil Liberties,” presentation
for a panel on Protecting Liberty and Civil Rights Under the 10th Amendment,
at a Symposium on What Ever Happened to the 10th Amendment? sponsored
by the Heritage Foundation and the Federalist Society, September 12,
1995
“Affirmative Action in the Workplace: The End of an Era?” Address
to the Pittsburgh Federalist Society, April 13, 1995
“The Relevance of History in Interpreting the Second Amendment,” Conference:
Second Amendment: Right Under Fire, April 3, 1995
“Congressional Accountability under the Law,” Seminar on
Congress and the Constitution sponsored by The Heritage Foundation, the
Federalist Society for Law and Public Policy, and Representative Charles
Canady, March 8, 1995
Panelist, “Conducting Ethics Investigations Amid Partisan Influences,” Symposium
on Partisan Influences on Ethics Investigations, University of Virginia
School of Law, February 11, 1995 [transcribed at 11 Journal of Law & Politics
467 (1995)]
Debate: “Does The Second Amendment Give Citizens the Right to
Keep and Bear Arms?” with Mark Polston, Coalition to Prevent Handgun
Violence, sponsored by the George Mason University School of Law chapter
of the Federalist Society for Law & Public Policy Studies, September
1, 1994
Debate: “Are There Constitutional Limits on Gun Control?” with
Dennis Hennigan, General Counsel, Handgun Control, Inc., sponsored by
the Washington D.C. Lawyers’ Division of the Federalist Society
for Law & Public Policy Studies, April 28, 1994
Moderator, Panel on Political Theory and Public Choice, Conference
on Richard A. Epstein’s Bargaining with the State, George Mason
University School of Law, March 31, 1994
Debate on “The Constitutionality of a National Handgun Ban” with
Professor Robert Allen Sedler of Wayne State University Law School, sponsored
by the Federalist Society for Law & Public Policy Studies, Detroit
College of Law, Detroit Michigan, March 14, 1994
Debate on “The Constitutionality of a National Handgun Ban” with
Steven Murphy, Assistant United States Attorney in the Eastern District
of Michigan, sponsored by the Federalist Society for Law & Public
Policy Studies, University of Detroit Mercy School of Law, Detroit Michigan,
March 14, 1994
“Scholarship Conference on the Bill of Right’s Second Amendment,” sponsored
by Academics for the Second Amendment, Orlando, Florida, January 7-8,
1994
“American Constitutional Law and the American Economy,” Remarks
to Eastern European Economists, George Mason University School of Law,
March 30, 1993
“The Future of the Second Amendment,” Address to the Federalist
Society for Law & Public Policy Studies, University of Nebraska College
of Law, Lincoln, Nebraska, February 26, 1993; Creighton University School
of Law, Omaha, Nebraska, February 25, 1993
“The Efficacy of Economic Analysis of Discrimination,” Remarks
at Conference on Richard A. Posner’s Economic Analysis of Law (4th
ed.), George Mason University School of Law, January 28, 1993
“The Importance of Opinions in Writing” (Commentary on
papers by Douglas W. Kmiec and John O. McGinnis)—Conference on
Executive Branch Interpretation of the Law, Benjamin N. Cardozo School
of Law, New York, New York, November 15, 1992
RADIO AND TELEVISION
Panelist, “Analyzing the Decisions of the 2006-2007 Supreme Court,”
Federalist Society Webcast http://www.fed-soc.org/publications/pubID.334/pub_detail.asp
June 29, 2007
Interview, Virginia’s Proposed Constitutional Amendment Defining Marriage, “Live
this Morning with Dave Lucas,” Newschannel 8, Arlington, Virginia, November 7,
2006
"Preview of National Firearms Law Seminar," interview on
NRA.com (radio and internet), April 19, 2006
"The Alito Nomination," Interview on News Channel 8,
Washington, D.C., November 3,2005
"Remembering Chief Justice Rehnquist," Interview on WTTG-TV,
Fox-5, Washington, D.C., September 5, 2005
"To the Point," nationally syndicated National Public
Radio show originating at KCRW in Los Angeles: interview about Justice
O’Connor’s retirement announcement, July 1, 2005
“The Editors,” interview about the Second Amendment with
Thomas Walton and Marilou Johanek, WGTE-TV (PBS), Toledo, Ohio, February
14, 2003 and WBGU-TV (PBS), Bowling Green, Ohio, February 16, 2003
Interview and call-in about the Second Amendment with Jerry Anderson,
WTOL-TV (CBS affiliate), Toledo, Ohio, February 13, 2003
Call in radio show on Second Amendment issues, On Point with Tom Ashcroft,
WBUR-Boston, May 10, 2002
Interview, “To the Point, with Warren Olney,” on the Department
of Justice’s new position on the Second Amendment, National Public
Radio, May 10, 2002
Interview for Paul Weyrich’s radio news service on the Department
of Justice’s new position on the Second Amendment, May 10, 2002
Interview with Laura Ingraham, CBS radio, on the Department of Justice’s
new position on the Second Amendment, May 9, 2002
Call in radio show on Second Amendment issues, Midmorning with Katherine
Lanpher, Minnesota Public Radio, May 9, 2002
Interview with Sam Donaldson, ABC radio, on the Department of Justice’s
new position on the Second Amendment, May 8, 2002
Interview with Nina Totenberg, National Public Radio, on the Department
of Justice’s new position on the Second Amendment, May 8, 2002
“The Slandered Court: Putting the 2000 Term in Perspective,” Heritage
Foundation Conference, Courtside View: Scholars and Scribes Look at the
Supreme Court’s 2000-2001 Term, Washington, D.C., July 9, 2001,
nationally broadcast on C-SPAN
“Annual Supreme Court Roundup,”Legal Notebook with Tom
Jipping, nationally syndicated television broadcast, July 2, 2001
Interview, “Guns Rights and the New Administration,” NRA-Live,
January 23, 2001
Interview, “Bush v. Gore,” WROW Radio, Albany, N.Y., December
14, 2000
Debate with Professor Frank Askin, “Bush v. Gore,” WNYC
Radio (New York City public radio), December 13, 2000
Interview, “Bush v. Gore,” WTOP Radio, Washington, D.C.,
December 13, 2000
Interview and call-in show on Presidential Election Litigation, Newstalk,
Channel 8 Television, Washington, D.C., December 12, 2000
Interview, “Presidential Election Litigation,” Janet Parshall’s
America, nationally syndicated through the Salem Radio Network, December
6, 2000
Interview, “Presidential Election Litigation,” WTOP Radio,
Washington, D.C., December 5, 2000
Interview, “Election 2000 Litigation,” on Legal Notebook
with Tom Jipping, nationally syndicated television broadcast, December
2, 2000
Interview, “Presidential Election Litigation,” News Channel
8, November 21, 2000
Panel Discussion on “Handgun Control,” Capital Region Roundtable
with Dr. Terri Travis, GMU-TV, broadcast during the week of September
18, 2000
Interview on the Second Amendment with Lee Rogers, KFSO radio, San
Francisco, California, August 24, 2000
Interview on the Second Amendment with Charles Jaco, WMOX-CBS radio,
St. Louis, Missouri, June 26, 2000
“Assisted Suicide,” Interview with Sarah McConnell, With
Good Reason, broadcast on Virginia and Washington, D.C. public radio,
May 22-26, 1999
“Assisted Suicide and Euthanasia,” Newsfront with Ed Gordon,
nationally broadcast on MSNBC News, November 24, 1998
“Gun Control after the Jonesboro Killings,” Interview with
Alistair Sandford, Radio Four (BBC), March 26, 1998
“Assisted Suicide and the Constitution,” The Victoria Jones
Show (nationally syndicated radio program), January 7, 1997
“Assisted Suicide and the Constitution,” The Oliver North
Show (nationally syndicated radio program), January 6, 1997
Discussion: “The Worst Provisions in the United States Constitution,” The
Diane Rehm Show (nationally syndicated radio program), January 11, 1996
“Commentary on the Jurisprudence of Justice Clarence Thomas,” Supreme
Court Watch with Fred Graham, nationally broadcast on Court-TV, December
18, 1995
“Commentary on the Career of Chief Justice William H. Rehnquist,” Supreme
Court Watch with Fred Graham, nationally broadcast on Court-TV, December
11, 1995
Interview: “The Second Amendment,” for Fred Graham’s
Washington Watch, nationally broadcast on Court-TV, May 19, 20, 21, 1995
Interview, “The Constitutional Status of Private Militias,” for
KCNN Radio, Grand Forks, ND, May 4, 1995
Interview for “Full Disclosure” (National Empowerment Television),
on the application of employment laws to Congress, aired on August 25,
1994
BAR Texas, 1986
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