University of Colorado Law Review
Volume 73 Issue 4, Fall 2002
ABOUT THE CONTRIBUTORS
ERNEST A. YOUNG, Judicial Activism and Conservative Politics. A native of Abilene, Texas, Professor Young joined the law faculty of the University of Texas School of Law in 1999. He teaches Constitutional Law and Federal Courts, and his research interests also extend to administrative law, admiralty, international law, and legislation. Professor Young graduated from Dartmouth College and Harvard Law School, where he received the 1992 Sears Prize for academic excellence and served on the Harvard Law Review. He clerked for the Hon. Michael Boudin of the U.S. Court of Appeals for the First Circuit and then for U.S. Supreme Court Justice David Souter, and practiced law with Cohan, Simpson, Cowlishaw & Wulff in Dallas land Covington & Burling in Washington, D.C. His publications include State Sovereign Immunity and the Future of Federalism. 1999 SUP. CT. REV. 1; Hercules, Herbert, and Amar: The Trouble with 'Intratextualism'. 113 HARV. L. REV. 730 (2000); and Rediscovering Conservatism: Burkean Political Theory and Constitutional Interpretation. 72 N.C. L. REV. 619 (1994). Professor Young has also taught as a visiting professor at Villanova Law School land as an adjunct at Georgetown University Law Center.
WILLIAM P. MARSHALL, Conservatives and the Seven Sins of Judicial Activism. Mr. Marshall is Kenan Professor of Law at the University of North Carolina School of Law. A native of Nashua, New Hampshire, Professor Marshall received his undergraduate degree from the University of Pennsylvania and his law degree from the University of Chicago. He is a nationally recognized scholar and has published extensively in the areas of constitutional law, mass media, church-state, federal courts, civil procedure, and election law. Professor Marshall recently served as Deputy Counsel to the President and Deputy Assistant to the President in the Clinton Administration. He has also taught at the law schools of Northwestern, William and Mary, DePaul, and the University of Connecticut.
REBECCA L. BROWN, Activism Is Not a Four-Letter Word. Rebecca L. Brown is a Professor of Law at Vanderbilt University Law School. She received her undergraduate degree from St. John's College in Annapolis, Maryland and her law degree from Georgetown University Law Center. She served as a law clerk to the Honorable Spottswood W. Robinson, III, of the United States Court of Appeals for the District of Columbia Circuit, and to Associate Justice Thurgood Marshall of the Supreme Court. Before beginning her teaching career, she worked as an Attorney Advisor in the Office of Legal Counsel of the Department of Justice and as an associate
in the Washington, D.C. firm of Onek, Klein & Farr. Her teaching and scholarship focus on constitutional law and theory.
RANDY E. BARNETT, Is The Rehnquist Court An 'Activist' Court? The Commerce Clause Cases. Randy E. Barnett is the Austin B. Fletcher Professor at Boston University School of Law. He is the author of The Structure of Liberty: Justice and the Rule of Law (Oxford 1998), which appeared in 2000 as a paperback as well as in Japanese translation. His other works include Contracts Cases and Doctrine (Aspen, 3d ed., forthcoming 2003), Perspectives on Contract Law (Aspen, 2d ed. 2001). His latest book, The Presumption of Liberty: Natural Rights and the Constitution, will be published by Princeton University Press in the Fall of 2003. He has taught constitutional law, evidence, agency and partnership, and jurisprudence.
JAMES R. STONER, JR., Is Tradition Activist? The Common Law of the Family in the Liberal Constitutionalist World. James R. Stoner, Jr. is Associate Professor of Political Science at Louisiana State University and, during 2002-03, is a Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University. He is the author of Common Law and Liberal Theory: Coke, Hobbes, and American Constitutionalism (University Press of Kansas, 1992), and Common Law Liberty: Rethinking American Constitutionalism (University Press of Kansas, forthcoming 2003). He received his A.B. form Middlebury College and his M.A. and Ph.D. from Harvard University.
NEAL DEVINS, The Federalism-Rights Nexus: Explaining Why Senate Democrats Can Tolerate Rehnquist Court Decisionmaking But Not the Rehnquist Court. A.B., Georgetown University, J.D. Vanderbilt Law School. Neal Devins is an Earnest W. Goodrich Professor of Law and professor of government at the College of William and Mary. He is author of Shaping Constitutional Values: The Supreme Court, Elected Government, and the Abortion Dispute (Johns Hopkins University Press, 1996), co-author (with Louis Fisher) of Political Dynamics of Constitutional Law (West, Third Edition, 2001), co-editor (with Davison Douglas) of Defining Equality (Oxford University Press, 1998), editor of Public Values, Private Schools (Stanford Series on Education and Public Policy, 1989), co-editor (with Wendy Watson) of Federal Abortion Politics: A Documentary History (Garland, 1995), editor of Elected Brach Influence in Constitutional Decisionmaking (Law and Contemporary Problems, 1993), and editor of Government Lawyering (Law and Contemporary Problems, 1998). He is author of more than fifty articles on constitutional law, civil rights, and administrative law topics. His work has appeared in The Public Interest, Commonweal, ABA Journal, Stanford Law Review, Columbia Law Review, Michigan Law Review, University of Pennsylvania Law Review, California Law Review, Virginia Law Review, Texas Law Review, Georgetown Law Journal, Duke Law Journal, UCLA Law Review and several other journals and magazines. Professor Devons has also authored op-ed pieces appearing in The Wall Street Journal, The Washington Post, The Christian Science Monitor, The Chicago Tribune, The New York Times, and several other newspapers. He also serves as editor of the Constitutional Conflicts book series (Duke University Press). Prior to joining the William and Mary faculty, he served as Assistant General Counsel, U.S. Commission on Civil Rights, and as Project Director, Vanderbilt Institute for Public Policy Studies.
STEPHEN F. SMITH, The Rehnquist Court and Criminal Procedure. Professor Smith graduated from Dartmouth College in 1988 with a double major in History and Philosophy. He graduated with honors from the University of Virginia School of Law in 1992 and served as Articles Editor on the Virginia Law Review. He is a member of the Order of the Coif, as well as The Raven Society, the University of Virginia's honors society. Following graduation from law school, Professor Smith served as a law clerk to Supreme Court Justice Clarence Thomas after a year in the Chambers of Judge David B. Sentelle of the U.S. Supreme Court of Appeals for the District of Columbia Circuit. Mr. Smith then entered private practice in Washington, serving most recently for 5 years in the Supreme Court and appellate litigation practice of Sidley & Austin. Professor Smith joined the law faculty at the University of Virginia in 2000. His teaching and scholarship focuses on criminal law, criminal procedure, and appellate courts.
SAIKRISHNA B. PRAKASH, Are the Judicial Safeguards of Federalism the Ultimate Form of Conservative Judicial Activism?. Professor Prakash was a senior editor of the Yale Law Journal and a recipient of the John M. Olin Fellowship in Law, Economics and Public Policy. He clerked for Judge Laurence H. Silberman on the U.S. Court of Appeals for the District of Columbia Circuit from 1993 to 1994 and for Justice Clarence Thomas of the U.S. Supreme Court for 1994 to 1995. After practicing in New York for two years, he served as a visiting professor at the University of Illinois College of Law from 1997 to 1998. He was also an associate professor at Boston University School of Law before joining the USD law faculty. His teaching interests are constitutional law, administrative law and securities regulation. In 2001, Professor Prakash spent 6 months at the Office of Management and Budget as Associate General Counsel. Among Professor Prakash's articles are "The Executive Power Over Foreign Affairs" and "The President's Power to Execute the Laws" (both Yale Law Journal), "Field Office Federalism" (Virginia Law Review) and "Our Dysfunctional Insider Trading Regime" (Columbia Law Review).
THE HONORABLE J. HARVIE WILKINSON III, Is there a Distinctive Conservative Jurisprudence?. Chief Judge Wilkinson graduated for Yale University in 1967 and the University of Virginia Law School in 1972. He then clerked for Supreme Court Justice Lewis F. Powell, Jr. from 1972-73. He served as a law professor at the University of Virginia form 1973-78 and intermittently from 1981-84. He was the Editor of the Norfolk Virginian-Pilot from 1978-81, and served as Deputy Assistant Attorney General in the Civil Rights Division of the Department of Justice from 1982-83. He was appointed to the United States Court of Appeals for the Fourth Circuit by President Reagan in 1984, and was appointed Chief Judge of the Fourth Circuit in 1996. He has received honorary J.D. degrees from the University of Richmond in 1997 and from the University of South Carolina in 1998. Chief Judge Wilkinson is the author of Harry Byrd and the Changing Face of Virginia Politics, 1968; Serving Justice: A Supreme Court Clerk's View, 1974; and From Brown to Bakke: The Supreme Court and School Integration, 1979; One Nation Indivisible: How Ethnic Separatism Threatens America, 1997.
THE HONORABLE FRANK H. EASTERBROOK, Do Liberals and Conservatives
Differ in Judicial Activism? Frank H. Easterbrook is a Judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer at the Law School of the University of Chicago. Before joining the court in 1985, he was the Lee and Brena Freeman Professor of Law at the University of Chicago, where he taught and wrote in antitrust, securities, corporate law, jurisprudence, and criminal procedure. He has published two books and more than 50 scholarly articles in these fields. His most recent book, The Economic Structure of Corporate Law (with Daniel R. Fischel), was published in 1991. Judge Easterbrook also engaged
in economic and legal consulting work through Lexecon Inc. He served as Co-Editor of the Journal of Law and Economics from 1982 to 1991 and a member of the Judicial Conference's Standing Committee on Rules of Practice and Procedure from 1991 to 1997. Before joining the faculty of the Law School in 1979, Judge Easterbrook was Deputy Solicitor General of the United States. He holds degrees from Swarthmore College (B.A. with high honors, 1970) and the University of Chicago (J.D. cum laude, 1973), and is a member of the American Academy of Arts and Sciences, the American Law Institute, the Mont Pelerin Society, Phi Beta Kappa, and the Order of the Coif.