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LAW > Faculty & Administration > Faculty > Eastman Publications Chapman University School of Law
 
 
   

Dean John C. Eastman

   

Scholarly Articles

STATUS

DATE

TITLE OF PUBLICATION

2009 The American Constitutional Order:  History, Cases, and Philosophy, 3d Edition (co-editor with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (LexisNexis, 2009)
2009 The History, Philosophy, and Structure of the American Constitution, 3d Edition (co-editor with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (LexisNexis, 2009)
2009 Individual Rights and the American Constitution, 3d Edition (co-editor with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (LexisNexis, 2009)
2009 “The Founders' Intent, Constitutional Provisions, and Limits on Spending Power and Delegation,” transcript of debate with Georgetown law professor Louis Seidman, to be published in Engage (summer 2009).
2008 The American Constitutional Order:  History, Cases, and Philosophy, 2d Edition, 2008 supplement (co-editor with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (LexisNexis, 2008)
2008 “Born in the U.S.A.?  Re-assessing Birthright Citizenship in the Wake of 9/11”. Congressional testimony reprinted in Spring 2008 issue of Richmond Law Review.
2008 “Standing Up for the Constitution: How the Court’s Restrictive View of Standing Threatens Limited Government,” to be published in the Spring 2008 Regent Law Review.
2008 “The Spending Clause,” in Oxford Encyclopedia of Legal History (forthcoming, 2008).
January 2008 “Born in the U.S.A.?  Re-assessing Birthright Citizenship in the Wake of 9/11”. Congressional testimony reprinted in January 2008 issue of Texas Review of Law & Politics
2007 “Marriage Equality in California: Legal and Political Prospects,” transcript of debate with Kenneth Starr, Shannon Minter, and David Codell (Loyola of Los Angeles Law Review, Spring 2007)
2006 “Listening to the Enemy: The President’s Power to Conduct Surveillance of Enemy Communications During Time of War,” 13 ILSA J. Int’l & Comp. L. 49
2006 "Adequacy and the Rights Revolution: Reinterpreting the Education Clauses in State Constitutions," in Martin R. West and Paul E. Peterson, eds. School Money Trials: The Legal Pursuit of Educational Adequacy (Brookings)
2006 “Full Faith and Republican Guarantees: Gay Marriage, FMPA, and the Courts,” 20 BYU L. J. Pub. L. 243
Summer 2006 “Philosopher King Courts: Is the Exercise of Higher Law Authority Without a Higher Law Foundation Legitimate?” 54 Drake L. Rev. 831
June 2006 “Politics and the Court: Did the Supreme Court Really Move Left Because of Embarrassment Over Bush v. Gore?” 94 Georgetown L. J. 1475
2005 “Is the Solomon Amendment ‘F.A.I.R.’? Some Thoughts on Congress’s Power to Impose This Condition on Federal Spending,” 50 Villanova L. Rev. 1171
  2005 "Federal Legislation and States Rights: Of Hapless Toads, Home-Grown Medical Marijuana, and Wiccan Worship in State Prisons," in California Litigation: The Journal of the Litigation Section, State Bar of California, Vol. 18 Number 3
 

2005

Encyclopedia entry, "Privileges and Immunities," in The Oxford Companion to the Supreme Court of the United States

 

2005

"Judicial Review of Unenumerated Rights: Does Marbury’s Holding Apply in a Post-Warren Court World?" (Harvard Journal of Law & Public Policy)

  Fall 2004 "Honoring the Oath of Office: Ideology in Judicial Confirmation," Insights on Law and Society, vol. 5, no. 1, p. 16 (peer-reviewed journal)
  2004 Preface, in Ken Masugi, ed., Faith-Based, Not Bureaucracy-Bound: How Religious Institutions Can Fight Government Regulation, The Claremont Institute
  Sept. 2004 "A Fistful of Denial: The Supreme Court Takes a Pass on Commerce Clause Challenges to Environmental Laws," Cato Supreme Court Review
  2004 "The Revival of Federalism," in Lee Edwards, ed., Bringing Justice to the People (Heritage Books)
  2004 The American Constitutional Order: History, Cases, and Philosophy, 2d Edition (co-editor with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (LexisNexis)
  2004 The History, Philosophy, and Structure of the American Constitution, 2d Edition (co-editor with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (LexisNexis)
  2004 Individual Rights and the American Constitution, 2d Edition (co-editor with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (LexisNexis)
  Spring 2004 "Anatomy of the Federal Litigation: Challenging the Legislature's Actions in the Wake of Guinn v. Legislature," 4 Nev. L. J. 543
  Summer 2003 The American Constitutional Order: History, Cases, and Philosophy, 2003 Supplement (co-editor with Douglas W. Kmiec and Stephen B. Presser) (Anderson Press)
  Spring 2003 "Re-evaluating the Privileges or Immunities Clause," 6 Chap. L. Rev. 123
  Spring 2003 "Altered States," Review of John T. Noonan, Jr., Narrowing the Nation's Power: The Supreme Court Sides with the States, in The Claremont Review of Books
  Winter 2003 "The Magic of Vouchers is No Sleight of Hand: A Reply to Steven K. Green," 39 Willamette L. Rev. 194
 

2003

"Altered States," Review of John T. Noonan, Jr., Narrowing the Nation’s Power: The Supreme Court Sides with the States, in The Claremont Review of Books (Spring 2003)

 

2005

"The Tax and Spend Clause," in David Forte, ed., The Heritage Guide to the Constitution

 

2005

"The 27th Amendment," in  David Forte, ed., The Heritage Guide to the Constitution

 

2005

"The Land Grant Clause," in David Forte, ed., The Heritage Guide to the Constitution

Library File

2003

 

"The Limited Nature of the Senate's Advice and Consent Role," U.C. Davis Law Review, Vol 36(3), February 2003,pp.6343-666"

 

2002

The American Constitutional Order: History, Cases, and Philosophy, 2002 Supplement(co-editor with Douglas W. Kmiec and Stephen B. Presser) (Anderson Press Summer 2002)

 

Library File

2002

"A Seminole Dissent," The Georgetown Journal of Law and Public Policy, Inaugural Issue, Fall 2002, pp. 29-35

 

2002

"The Declaration of Independence: View From The States," in Scott Gerber, ed., The Declaration of Independence: Origins and Impact (Congressional Quarterly Press, 2002)

Library File

2002

"Stare Decisis: Conservatism’s One-Way Ratchet Problem" A chapter in The Courts and the Culture Wars, published by Lexington Books 2002

Library File

2002

"Re-entering the arena: Restoring a Judicial Role For Enforcing Limits on Federal Mandates," 25 Harvard Journal of Law & Public Policy, Vol. 25, No. 3 (Summer 2002)

Library File

2002

"Lessons From the Past: Is There Anything New in Constitutional Law?" The Green Bag Review (Winter 2002)

Library File

2001

"Justice Stephen Field: Frontier Justice or Justice on the Natural Rights Frontier?" NEXUS: A Journal of Opinion, Vol. 6, No. 1, pp. 121-131, 2001 (with Tim Sandefur)

Library Collection

 

"Restoring the ‘General’ to the General Welfare Clause," 4 Chap. L. Rev. (2001)

Library File

2000

"Strictly Scrutinizing Campaign Finance Restrictions (and the Courts That Judge Them)," 50 Catholic University L. Rev. 13

Library File

2000

"We are a Religious People, Whose Institutions Presuppose a Supreme Being" 5 Nexus, A Journal of Opinion 13

Library File 

2000

Fair Interpretation: Founding Fathers Didn’t Intend to Ban Voluntary Prayer at School Functions, L.A. Daily Journal

Library File

1999

"Taking Justice Thomas Seriously," Review of Scott Gerber, First Principles: The Jurisprudence of Clarence Thomas, 2 Green Bag 2d 425

Library File

1998

"When Did Education Become A Civil Right?" An Assessment of State Constitutional Provisions for Education, 1776-1900, 42 Am. J. Legal Hist. 1 (January 1998) (peer-reviewed journal)

Library File

1996

"Understanding Justice Sutherland as He Understood Himself," Review of Hadley Arkes, The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights, 63 U. Chi, L. Rev. 1347 (Summer 1996) (with Harry V. Jaffa)

Library File

1995

"Open to Merit of Every Description? An Historical Assessment of the Constitution’s Qualifications Clauses," 73 Denv. U.L. Rev. 89

Library File

1993

Term Limits and Beyond, 4 The Chicago Federalist Forum 1

Library File

1992

"We the People" Views on the State of the Constitution by Alums and UD Professors, 9 Tower Magazine 3

 

1992

Anne Collins Walker, China Calls: Paving the Way for Nixon’s Historical Journey To China (John Eastman & Elizabeth C’de Bacca Eastman eds., 1992)

Library File

1988

"Civil Rights as Natural Rights," Review of Clint Bolick, Civil Rights at the Crossroad, 55 New Perspectives 19

OP-EDS, COLUMNS

STATUS DATE TITLE
April 9, 2009 “In Defense of John Yoo,” op-ed column in Los Angeles Times
May 2, 2007 “The Sky Isn’t Falling on Abortion,” op-ed column in Los Angeles and San Francisco Daily Journals
Sept. 26, 2006 “Thou Shall Not Speak,” op-ed column in Los Angeles and San Francisco Daily Journals (appeared under headline “Teen’s Anti-Gay T-Shirt Deserves Protection”)
June 14, 2006 “Free to Press,” Feature publication on OpinionJournal.com
  Feb. 7, 2006 "Eating Up the Bread of Our Children," op-ed column in Los Angeles and San Francisco Daily Journals
  Jan. 2, 2006 "Citizens by Right, or by Consent?" op-ed column in San Francisco Chronicle
  Dec. 30, 2005 "Constitution Anchors President's Spy Order," op-ed column in Los Angeles and San Francisco Daily Journals
 

2003

"Mischievous Statistics," opinion commentary in the San Diego Union-Tribune (September 28, 2003)

 

2003

"Recall Ruling Creates More Confusion," San Diego Union Tribune, Aug. 5, 2003 (Recall litigation) (with Ed Erler and Brian Janiskee)

 

2003

"The Nevada Gambit," "First Principles" column in Los Angeles and San Francisco Daily Journals (July 2003)

 

2003

"The New Glass Ceiling," "First Principles" column in Los Angeles and San Francisco Daily Journals (May 2003)

 

2003

"Justice Delayed," "First Principles" column in Los Angeles and San Francisco Daily Journals (April 2003)

 

2003

"Everything You Need to Know About the Constitution You Can Learn In Agricultural Law: Federalism and Commerce from Amber Waves of Grain to Migrating Bald Eagles," Agriculture Law Update (January 2003)

 

2003

"Patronizing ‘Diversity’", "First Principles" column in Los Angeles and San Francisco Daily Journals (January 2003)

 

2002

"Justice at Christmas," "First Principles" column in Los Angeles and San Francisco Daily Journals (December 2002)

 

2002

"Confirmation Logjam," op-ed in Wall Street Journal (October 17, 2002)

 

2002

"The Limited Nature of the Senate’s ‘Advice and Consent’ Role," Testimony before the U.S. House of Representatives, Judiciary Committee Subcommittee on the Constitution, Hearing on "A Judiciary Diminished is Justice Denied: The Constitution, the Senate, and the Vacancy Crisis in the Federal Judiciary," (October 10, 2002)

 

2002

"The GAO’s Assault on the Executive Branch: Why the Vice President Drew a Line on a Demand for Documents," The American Legion Magazine (July 2002)

 

2002

"The Federalism Side of School Vouchers," "First Principles" column in Los Angeles and San Francisco Daily Journals (July 1, 2002)

 

2002

"Judge Shopping by … Judges?" "First Principles" column in Los Angeles and San Francisco Daily Journals (May 27, 2002)

 

2002

"The Vanishing right to Property," "First Principles" column in Los Angeles and San Francisco Daily Journals (April 29, 2002)

 

2002

"Puppets on a String," "First Principles" column in Los Angeles and San Francisco Daily Journals (April 4, 2002)

 

2002

"The Federalism Issue Underlying School Vouchers," "First Principles" column in Los Angeles and San Francisco Daily Journals (February 25, 2002)

 

2002

"Moral Equivalency in International Law," "First Principles" column in Los Angeles and San Francisco Daily Journals (January 28, 2002)

 

2001

"President Bush’s Christmas Present to the Nation," "First Principles" column in Los Angeles and San Francisco Daily Journals (December 24, 2001)

 

2001

"Military Tribunals Are Perfectly Constitutional," "First Principles" column in Los Angeles and San Francisco Daily Journals (November 27, 2001)

 

2001

"The Forgotten, Newest Amendment: Is It Already A Dead Letter?" "First Principles" column in Los Angeles and San Francisco Daily Journals (October 22, 2001)

 

2001

"To Defend America," "First Principles" column in Los Angeles and San Francisco Daily Journals (September 24, 2001)

 

2001

"Deadly Sucker Fish," "First Principles" column in Los Angeles and San Francisco Daily Journals (August 27, 2001)

 

2001

"The Death Throes of Preference," op-ed column in The Washington Times (with former U.S. Attorney General Edwin Meese III) (August 10, 2001)

 

2001

"Morality Without God?" "First Principles" column in Los Angeles and San Francisco Daily Journals (July 23, 2001)

 

2001

"Bad News for Good News Clubs?" "First Principles" column in Los Angeles and San Francisco Daily Journals (July 2, 2001)

 

2001

"Balancing the Ninth," "First Principles" column in Los Angeles and San Francisco Daily Journals (June 19, 2001)

 

2001

"Out From the Shadows," "First Principles" column in Los Angeles and San Francisco Daily Journals (April 23, 2001)

 

2001

"With God, All Things Are Possible -- At Least In Ohio," "First Principles" column in Los Angeles and San Francisco Daily Journals (March 26, 2001)

 

2001

"Beyond Bush v. Gore: Bible School, Campaign Finance and Regulatory Takings," "First Principles" column in Los Angeles and San Francisco Daily Journals (February 26, 2001)

 

2001

"Advice and Consent, Not Demogoguery," "First Principles" column in Los Angeles Daily Journal (January 22, 2001)

 

2000

"Saving the Legal Services Corporation from Itself," "First Principles" column in Los Angeles and San Francisco Daily Journals (December 26, 2000)

 

2000

"Deciding Not to Decide," Commentary, The Orange County Register (December 10, 2000)

 

2000

"You Can’t Put Dollar Limits on Free Speech," "First Principles" column in Los Angeles and San Francisco Daily Journals (November 27, 2000)

 

2000

"An electoral dilemma: The election chaos is again a reminder that ours is not a government of simple majority rule," Commentary, The Orange County Register (November 19, 2000)

 

2000

"You Can’t Put Limits on Free Speech," Op-ed column, Los Angeles Times (October 29, 2000)

 

2000

"Frenzied Spending and the ‘General Welfare,’" "First Principles" column in Los Angeles and San Francisco Daily Journals (October 23, 2000)

 

2000

"Is the EPA the ‘Very Definition of Tyranny’?" "First Principles" column in Los Angeles and San Francisco Daily Journals (September 25, 2000)

 

2000

"Beware Migratory Birds," "First Principles" column in Los Angeles and San Francisco Daily Journals (September 25, 2000)

 

2000

"Thoughts on Liberty on the Fourth of July," "First Principles" column in Los Angeles and San Francisco Daily Journals (July 24, 2000)

 

2000

"Boy Scouts Victory is a Victory for Freedom," op-ed commentary in Washington Post (July 3, 2000)

 

2000

"The 20th Century’s Twin Relics of Barbarism," "First Principles" column in Los Angeles and San Francisco Daily Journals (May 22, 2000)

 

2000

"The Constitution Still Limits Congress," "First Principles" column in Los Angeles and San Francisco Daily Journals (May 22, 2000)

 

2000

"Sending Boy Back to Cuba Means A Return To Slavery," Op-ed, Los Angeles Daily Journal (May 1, 2000)

 

2000

"Politics and Virtue: The Twin Pillars of a Republican Form of Government," "First Principles" column in Los Angeles and San Francisco Daily Journals (April 24, 2000)

 

2000

"Fair Interpretation: The Founding Fathers Did Not Intend to Ban Voluntary Prayer In Schools," "First Principles" column in Los Angeles Daily Journal and San Francisco Daily Journals (March 27, 2000)

 

2000

"A School Board’s Dilemma," Orange Grove Column, Orange County Register (February 8, 2000)

Library File

Sept. 1988

Clarence Pendleton: Further praise for a man of compassion and common sense, 67 Conservative Digest 14

 

1985

"Strange Bedfellows: Farrakhan and the KKK," nationally syndicated opinion editorial (October 1985)

 

 

SPEECHES, DEBATES, CONFERENCES & LEGISLATIVE TESTIMONY

STATUS DATE TITLE
August 13, 2009 Re-Enactment of Korematsu v. United States, with Erwin Chemerinsky, before the Californa Court of Appeal, Riverside, CA
June 16, 2009 “Practicing Law in the Public Interest,” speech to the Barrister’s Association of the Long Beach Bar Association, Long Beach, CA
March 19, 2009 Debate vs. Georgetown Law Professor Louis Seidman, “The Founders' Intent, Constitutional Provisions, and Limits on Spending Power and Delegation,” at Conference, The Financial Services Bailout: Cause, Effect & the Limits of Government Action, National Press Club, Washington, D.C.
Dec. 12, 2008 “Dueling Deans Talk About the Law and Legal Education,” debate vs. UCI Dean Erwin Chemerinsky before the joint meeting of the Orange County Inns of Court chapters, Irvine, CA
Nov. 19, 2008 Panelist, “The Roberts Court and the Future of Federalism,” with Walter Dellinger, Paul Clement, Jeffrey Rosen, and Judge David Sentelle, Federalist Society National Lawyers Convention, Washington, D.C., Audio available at http://www.fed-soc.org/publications/pubid.1210/pub_detail.asp
Nov. 19, 2008  “Recent Developments in the Supreme Court,” debate vs. former Arizona Dean Paul Bender before the National Conference of Chief Judges, Tucson, AZ
Nov. 17, 2008  “Supreme Court Update,” debate vs. UCI Dean Erwin Chemerinsky before the Trial Court Judicial Attorneys Institute annual conference, San Francisco, CA
Nov. 12, 2008 “Recent Developments in the Supreme Court,” debate vs. UCI Dean Erwin Chemerinsky before the Orange County Federal Bar Association, Irvine, CA
Oct. 29, 2008  “Battle of the Deans: Federal Preemption in the Supreme Court,” debate vs. UCI Dean Erwin Chemerinsky before the California Appellate Judges Association, San Diego, CA
Oct. 23, 2008  “Recent Developments in the Supreme Court,” debate vs. UCI Dean Erwin Chemerinsky before the Nebraska Appellate Judges Association, Omaha, NE
Oct. 17, 2008

Participant, “Sovereignty, Emergency, and Legality” Conference, University of Alabama School of Law

October 1, 2008 Panelist, following the World Premier of “A Forgotten Injustice,” a documentary film that explores the 1930s “repatriation” to Mexico of Mexican nationals and even some Americans of Mexican descent in the wake of the Great Depression.  Instituto Cervantes of Chicago
Sept. 23, 2008 “The Faith Factor: Does Religion Too Greatly Influence Presidential Elections.” Debate sponsored by the Anti-Defamation League of Orange County, Chapman University
Sept. 23, 2008 “Supreme Court Review and Preview,” the Orange County Lawyers Chapter of the Federalist Society, Newport Beach, CA
September 15, 2008 Presented Paper, “The Moral Foundations of Liberty,” Freedom and the Law Conference, Utah State University.
Sept. 12, 2008 Moderator, “Competitive versus Cooperative Federalism” panel, The Future of Federalism Conference, co-sponsored by the American Enterprise Institute and the Federalist Society, Washington, D.C.
 May 30, 2008 “To What End Government?,” speech to the annual local government conference, the Claremont Institute, Newport Beach, CA
April 24, 2008 “Judicial Independence,” speech to the Nevada Republican Assembly, Reno, NV
March 19, 2008  “Born in the U.S.A.?: The Meaning of the Constitution’s Citizenship Clause,” speech to San Juan Capistrano Chapter of Legatus, San Juan Capistrano, CA
March 13, 2008 “Supreme Court Review,” speech before the California Appellate Judges Association, San Diego, CA
March 7, 2008 “Executive Power in Time of War,” speech sponsored by Hillsdale College, San Diego, CA
March 1, 2008 “Judicial Independence,” Debate vs. Erwin Chemerinsky, The League of Women Voters, California State University, Fullerton, CA
Feb. 8, 2008 Panelist, “Publicity Rights and the Constitution: Privacy, Publicity, and the YouTube Phenomenon,” with Professors Erwin Chemerinsky (Duke), Jay Dougherty (Loyola), Raymond Ku (Case Western) and Celestine McConville (Chapman), Chapman Law Review Symposium, Publicity Rights in Bytes: Contemporary Issues in Entertainment & Sports Law, Orange, CA
Feb. 7, 2008 Panelist, “Birthright Citizenship - International Trends and Policies,” with Jim Ho and Margaret Stock (West Point), sponsored by the ABA Section of International Law, ABA Midyear meeting, Los Angeles, CA
Jan. 25, 2008 Panelist, “Immigration and Citizenship,” with Garrett Epps, University of Oregon School of Law, Eugene, OR
New York, Jan. 5, 2008

Organizer and Panelist, “Of Guns and Militias: Just What Does the Second Amendment Guarantee?  Reflections on the Supreme Court's Grant of Certiorari in District of Columbia v. Heller,” Hot Topics Panel, 2008 AALS Annual Convention

Dec. 3, 2007  “The Roberts Court,” Debate vs. Erwin Chemerinsky, The Association of Business Trial Lawyers, San Diego, CA
Dec. 1, 2007 Lecturer and Panelist, “Justiciability After Hein and Massachusetts: Where is the Court Standing?”, with Professors Jonathan Adler (Case Western) and David Wagner (Regent), Regent University Law School, Virginia Beach, VA
Nov. 15, 2007 Panelist, “Religion, Early America and the Fourteenth Amendment,” with Judge William Pryor, and Professors Marci Hamilton (Cardozo) and Philip Hamburger (Columbia), Federalist Society National Lawyers Convention, Washington, D.C.
Nov. 8, 2007 “The Meaning of the Second Amendment,” debate vs. Harvard Law Professor Mark Tushnet, Chapman Dialogues
Oct. 23, 2007

Debate participant, "What is the better way of electing the Chief Executive?  Quick and brutal like the Brits or protracted and expensive like the Yanks?", sponsored by the British American Business Council and the Orange County Forum, with Jill Knight, Baroness Knight of Colingtree, Hugh Hewitt, and John Hall, Newport Beach

Oct. 19, 2007 “The Incorporation Doctrine & the Establishment Clause,” debate vs. Professor Arnold Loewy, Chapman Dialogues
Oct. 18, 2007 Keynote Speaker:  “Current Trends on the Supreme Court,” Council of Chief Judges annual conference, New Orleans
Oct. 16, 2007 “Executive Powers in Wartime,” moderated debate between David Rivken and Katherine Darmer
Sept. 29, 2007 Panelist, “Is the War on Terror at War with the Constitution? Civil Liberties, Separation of Powers, and the Rule of Law,” vs. Mark Agrast, Glenn Smith (mod.), Committee on Federal Courts, State Bar of California, Anaheim Convention Center
Sept. 28, 2007 Debate, vs. Erwin Chemerinsky, “Judicial Independence and Separation of Powers,” Appellate Judges Education Program, Washington, D.C.
Sept. 27, 2007 Debate vs. Erwin Chemerinsky, Supreme Court Update, California Judicial Branch Conference, Anaheim Convention Center
Sept. 25, 2007 “What Difference Will Alito and Roberts Make?”, speech to the Orange County Lawyers Chapter of the Federalist Society, Irvine, CA
Sept. 20, 2007 "Opening the Floodgates: Why America Needs to Rethink Its Borders and Immigration Laws", discussion/debate with U.C. Davis Associate Dean Kevin Johnson, Chapman Dialogues
April 13, 2007 Colloquium Session Presentation, “The Federalism Side of the Establishment Clause, or How the Americans Solved the Problem of Centralized Theocracy, and Why it’s Still Important,” delivered at the Garaventa Center for Catholic Intellectual Life and American Culture’s conference, The American Experiment: Religious Freedom, University of Portland.  Other participants included Supreme Court Justice Antonin Scalia, U.S. Senator Patrick Leahy, Ninth Circuit Judge Diarmuid O’Scannlain, Pepperdine Professor Doug Kmiec, and Notre Dame Professors Rick and Nicole Garnett.  Full program available at http://www.up.edu/showimage/show.aspx?file=6946.
April 4, 2007 “Separation of Powers in Time of War:  Congress vs. the President?”, speech to the Colorado Lawyers Chapter of the Federalist Society, Denver, CO
March 23, 2007 Panelist, “War Powers,” at Loyola University Chicago Law Journal Conference, "Checks and Balances Today: The Reality of Separation of Powers," Chicago.  Other participants included Duke Law Professor Erwin Chemerinsky, Georgetown Law Professors Randy Barnett and Neal Kathyal, and University of Virginia Law Professor Robert Turner.  http://www.luc.edu/law/activities/opportunities/law_checks_balances.shtml
March 9, 2007 Testimony before the United States Commission on Civil Rights, Hearing on Civil Rights Implications of Electronic Surveillance, Washington, D.C.
Feb. 28, 2007 “Gay Marriage,” Debate with Ken Starr vs. David Codell and Shannon Minter (Director of Lesbian Rights Center), Bonaventure Hotel, Los Angeles, sponsored by the Federalist Society, the Pugh Religious Forum, and the American Constitution Society
Feb. 23, 2007 “Birthright Citizenship,” Debate vs. Jim Ho, USC Law School
Feb. 9, 2007 Panelist, “Executive Power and Electronic Surveillance,” at The Eleventh Annual Symposium of the UCLA Journal of International Law and Foreign Affairs, “Protecting the Nation at the Expense of Individuals? Defining the Scope of U.S. Executive Power at Home and Abroad in Times of Crisis,” UCLA Law School
Jan. 30, 2007 “Public Interest Litigation,” Guest Lecture, UCLA Law School, Public Interest Law class taught by Professors Ann Southworth and Scott Cummings
Jan. 26, 2007 “Miranda at 40: Applications in a Post-Enron, Post-9/11 World,” Introduction of Keynote Speaker, former Attorney General of the United States Edwin Meese, III, Chapman University School of Law, streaming video available at http://www.chapman.edu/LawReview/symposium2007_webcast.asp.
Jan. 17, 2007 “Supreme Court Preview,” Speech to the Long Beach Rotary Club, Queen Mary
Jan. 11, 2007 “Supreme Court Preview,” Speech to the California Court of Appeals, Chapman University School of Law
Nov. 15, 2006 “Religion in the Public Square,” Speech to the South Bay Legatus Chapter, Redondo Beach, CA
Nov. 9, 2006 “Illegal Immigration,” Debate vs. Adjunct Professor Brennan, moderated by Professor Buckner, at Western State College of Law, Anaheim, CA
Nov. 8, 2006 “Should Judges Secure Unenumerated Rights?  From Lochner to Lawrence,” Debate vs. Roger Pilon, sponsored by the Federalist Society, Chapman University School of Law
Oct. 20, 2006

“Eminent Domain: An Imminent Danger?”, Federalist Society Symposium, Chapman University School of Lawstreaming video available at http://www.chapman.edu/law/FedSocSymposium2006.asp

Oct. 11, 2006 Testimony before California Assembly Republican Task Force on Illegal Immigration
Sept. 22, 2006 “The ACLU’s Assault on Religion in the Public Square,” presented at the 2006 Legatus International Fall Summit, “I am the vine, you are the branches,” Napa, CA
 Sept. 19, 2006 “NSA Surveillance,” Catholic University Columbus School of Law, Washington, D.C.
 Sept. 18, 2006 “NSA Surveillance,” George Mason Law School, Arlington, VA
Sept. 18, 2006 Moderator, “The Politics of the Judiciary: The Battle Over the Court,” and the Claremont Institute’s annual Constitution Day conference, Washington, D.C.
Sept. 13, 2006 “How Large is Too Large for the Rule of Law?”, testimony before the U.S. Senate Judiciary Committee, Hearing Examining the Proposal to Restructure the Ninth Circuit.  Details, include the list of other witnesses, available at http://judiciary.senate.gov/hearing.cfm?id=2071
 Sept. 6, 2006 Debate about the constitutionality of NSA Surveillance, vs. Prof. David McGowan, University of San Diego Law School
Sept. 6, 2006 Panelist, “The Supreme Court Giveth, Will The People Taketh Away?  Kelo, San Remo, Lingle and Beyond,” sponsored by the University of California, Hastings, College of Law, Center for State and Local Government and the Municipal Law Institute, League of California Cities, held at the University of San Diego
 Sept. 1, 2006

Panelist, “Originalism and Conservatism,” at American Political Science Association annual convention, Philadelphia, PA

 Aug. 31, 2006 Panelist, “Birthright Citizenship and U.S. Immigration Policy,” at American Political Science Association annual convention, Philadelphia, PA
Aug. 30, 2006 “Immigration Policy and Birthright Citizenship,” Debate vs. Jim Ho and Margaret Stock, Dallas, TX (Aug. 29, 2006), Austin, TX (Aug. 30, 2006), and Houston, TX
April 8, 2006 “Philosopher King Courts: Is the Exercise of Higher Law Authority Without a Higher Law Foundation Legitimate?”, presented at Drake Law School, Constitutional Law Center’s Symposium, “The Role of Courts in Social Change,” Des Moines, IA
April 7, 2006 “Born in the U.S.A.?: Rethinking Birthright Citizenship in the Wake of 9/11,” speech to the University of Chicago Law School Federalist Society Chapter, Chicago, IL
 April 1, 2006 “Supreme Court Trends,” Panel Discussion with Duke Law Profess Erwin Chemerinsky, USA Today Supreme Court Reporter Joan Biskupic, and L.A. Times Supreme Court Reporter David Savage, Central District of California, U.S. District Court Conference, Ojai, CA
Feb 28, 2006 “‘Even Congress Is Not Above the Constitution’:  FISA and Executive Power to Conduct Enemy Surveillance in Time of Way,” Speech to the University of Virginia Federalist Society
 Feb. 28, 2006 “‘Even Congress Is Not Above the Constitution’:  FISA and Executive Power to Conduct Enemy Surveillance in Time of Way,” Speech at Washington & Lee Law School, Federalist Society
Feb. 27, 2006 Debate vs. William Van Alstyne, Religion in the Public Square, William & Mary Law School
Jan. 17, 2006

Debate on Solomon Amendment, vs. Boston University Law Professor Kent Greenfeld and Brian Chase, co-sponsored by Los Angeles County Bar Association, Natinal Lawyers’ Guild, and the Loyola Law School student chapters of the Federalist Society and the American Constitution Society, Loyola Law School

  Sept. 20, 2005 "Judicial Confirmations and Government by Consent," Speech to the Orange Republican Women Federated, Orange, CA
  Sept. 19, 2005 "Surpreme Court Preview", Speech to the Southwestern Law School Federalist Society, Los Angeles, CA
  Sept. 16, 2005 Debate on the Judicial Confirmation Process (vs. David Cruz and Neil Richards), Pomona College, Claremont, CA
  Sept. 16, 2005 Speech on the Judicial Confirmation Process, California Lincoln Clubs, San Gabriel Valley Chapter, City of Industry, CA
  Sept. 9, 2005 "Full Faith and Republican Guarantees: Gay Marriage, FMPA, and the Courts," presented at a Symposium on the Federal Marriage Protection Amendment, J. Reuben Clark Law School, Brigham Young University, Provo, Utah
  Aug. 29, 2005 Mock representation of Joseph Lochner, in Chapman University School of Law's centenary re-enactment of Lochner v. New York (with Justice Scalia and California Attorney General William Lockyer), Orange, CA
  Aug. 26, 2005 "Birthright Citizenship and Other Fallacies in Modern Immigration Law," panel presentation at a conference on "Illegal Immigration: Its Impact on America," sponsored by the Center for the Study of Popular Culture, the Federation for American Immigration Reform, and Coalition for Immigration Reform of California, Los Angeles, CA
  Aug. 20, 2005 "The Role of the Judiciary in Enforcing Constitutional Limits," Speech to the New Mexico Lawyers Chapter of the Federalist Society, Santa Fe, NM
  Aug. 6, 2005 "Addressing Judicial Activism: A Conservative Strategy," Speech to the Claremont Institute's Annual Policy Retreat, Aspen, CO
  Aug. 4, 2005 "The Think Tank Practice: Succeeding Without Compromise," Speech to the Blackstone Fellows Program, Alliance Defense Fund, Phoenix, AZ
  July 4, 2005 Fourth of July Address to the Publius Fellows Program, The Claremont Institute, Rancho Mirage, CA /td>
  June 16, 2005 "The Role of International Law in Constitutional Interpretation, or Can There Be A Law of Nations Without 'Nature's God' as a Lawgiver," speech to the Blackstone Fellowship Program (Phase I), Alliance Defense Fund, Phoenix, AZ
  May 26, 2005 "Celebrating 150 Years of Civil Rights Achievements by the Party of Lincoln," speech to the Victor Valley Republican Club, Victorville, CA
  May 26, 2005 "Presumed Citizenship: Revisiting Birthright Citizenship," speech to Victor Valley elected officials, Apple Valley, CA
  May 25, 2005 "Can the Courts Be Tyrants? And If So, What Can We Do About It?", speech to the Los Angeles County Republic Women Federated, Montebello, CA
  May 18, 2005 "The Constitution and the Boy Scouts: Equal Access to Government Land and the First Amendment," Debate sponsored by the Federalist Society Civil Rights Practice Group and San Diego Lawyers Chapter, with Alan Brownstein (U.C. Davis), Dean Kenneth Starr (Pepperdine), George Davidson (Hughes, Hubbard), and Eric Isaacson (Lerach Coughlin) (webcast available at http://www.vcnetcast.com/fed)
  May 10, 2005 Testimony before the California State Senate Judiciary Committee on the federal constitutionality of a proposed state constitutional amendment addressing marriage, Sacramento, CA
  May 10, 2005 Testimony before the California State Assembly Judiciary Committee on the federal constitutionality of a proposed state constitutional amendment addressing marriage, Sacramento, CA
  April 13, 2005 Debate on Ninth Circuit Split, with Ninth Circuit Judges Diarmuid F. O'Scannlain and William A. Fletcher, and Hastings Law Professor Vikram Amar, jointly sponsored by the American Constitution Society and the Federalist Society, University of California, Boalt Hall, Berkeley, CA
  April 13, 2005 "Bringing Justice to the People: The Impact of Freedom-Based Public Interest Law in Constitutional Restoration," Speech to the Federalist Society chapter at University of California-Hastings School of Law, San Francisco, CA
  April 11, 2005 Debate on Solomon Amendment, USC Law School, Los Angeles, CA
  March 15, 2005 "Congress and the Courts: Judicial Independence and Congressional Checks," debate sponsored by the Federalist Society and Heritage Foundation, Washington, D.C. (webcast available at http://www.heritage.org/Press/Events/ev031505a.cfm)
  Feb. 23, 2005 "The Next Chief Justice? The Jurisprudence of Clarence Thomas," speech to Loyola Law School , Los Angeles, video available at http://av.lls.edu:80/ramgen/classes/s2005/rv-fs-gs2005-02-23.rm.
  Jan. 25, 2005 "Citizens, 'Presumed Citizens,' and Non-Citizens: Are They Due the Same Civil Liberties?", debate at New York State Bar Association Annual Convention, New York
  Jan. 24, 2005 "Public Interest Law for Conservatives" Speech to NYU Law School Federalist Society chapter, New York, NY
  Jan. 24, 2005 "The ACLU's Assault on Religion in the Public Square: Must We Re-Write Randy Newman's 'I Love L.A.'?," Speech to Brooklyn Law School Federalist Society chapter, Brooklyn, NY
  Jan. 7, 2005 "Hot Topics: Supreme Court Surprises on Guideline Sentencing, Enemy Combatants and the Confrontation Clause: Happenstance or a New Assertiveness?", debate with Law Professors Erwin Chemerinsky (Duke University), David Cole (Georgetown), Pepperdine Law School Dean Kenneth Starr, and Jeffrey Fisher (Davis Wright Tremaine LLP), American Association of Law Schools annual convention, San Francisco, CA
  Nov. 12, 2004 "Gay Marriage and Amending the Constitution," debate with Gerald Bradley, Jesse Choper, Anthony Picarrelo, and Randy Barnett, moderated by Judge Alex Kozinski, sponsored by the Federalism/Separation of Powers Practice Group, the Federalist Society, Annual Lawyers' Convention, Washington, D.C.
  Nov. 11, 2004 "Can there be a Law of Nations without 'Nature's God' as a Lawgiver?", speech to the Georgetown University Law Center Federalist Society, Washington, D.C.
  Nov. 10, 2004 "Federalism Under the Influence," Panel discussion of Supreme Court's pending Commerce Clause cases, American Enterprise Institute, Washington, D.C.
  Nov. 4, 2004 "Can there be a Law of Nations without 'Nature's God' as a Lawgiver?", speech to the Southern Methodist University Law School Federalist Society, Dallas, TX
  Oct. 21, 2004 "Does the Declaration of Independence Have Practical Meaning Today," speech at Assemblyman-elect Chuck DeVore event, Newport Beach, CA
  Oct. 20, 2004 "The Role of International Law in the Formation, Structure and Development of American Constitutional Jurisprudence," presented at the International Law Symposium, Alliance Defense Fund, Laguna Niguel, CA
  Oct. 14, 2004 "Bringing Justice to the People: The Story of the Freedom-Based Public Interest Law Movement," Panel discussion and book-signing, The Heritage Foundation, Washington, D.C.
  Oct. 7, 2004 "The Constitution and the Judiciary," address on board the Crystal Symphony, commemorating the 25th Anniversary of the Claremont Institute
  Oct. 6, 2004 "Bringing Justice to the People: Public Interest Law for Conservatives," speech at Harvard Law School
  Oct. 6, 2004 "Fistful of Denial: Supreme Court's Commerce Clause cert denials," speech at New England Law School
  Oct. 5, 2004 "Yaser Esam Hamdi: Presumed Citizen," speech at William Mitchell Law School
  Oct. 5, 2004 "The Assualt on Religion in the Public Square: Can the ACLU Be Stopped?", speech at Hamline University School of Law
  Oct. 5, 2004 "Does the Declaration of Independence Have the Force of Law?", Speech at University of Minnesota School of Law
  Oct. 4, 2004 Supreme Court Term Review, Panel discussion sponsored by the Minnesota Lawyers Chapter of the Federalist Society, Minneapolis, MN
  Sept. 17-18, 2004 Defending the Constitution: Property Rights and the New Regulation, sponsored by the Claremont Institute, Newport Beach, CA
  August 25, 2004 Debate (vs. John Yoo and C. Martin Meekins) on same-sex marriage, sponsored by the San Francisco Lawyers Chapter of the Federalist Society
  Aug. 12, 2004 Speech, The Jurisprudence of Clarence Thomas, The Claremont Institute's Lincoln Fellows program, Newport Beach, CA
  Aug. 6, 2004 Speech, Recent Developments in Election Law, Republican Lawyers Convention, San Diego, CA
  Aug. 3, 2004 Speech, Public Interest Law, Alliance Defense Fund Blackstone Fellows Program, Phoenix, AZ
  July 24, 2004 Debate (vs. Erwin Chemerinsky), Terrorism Cases, CASA Conference, Park City, UT
  May 20, 2004 Symposium, "The Implications of Lawrence and Goodridge for Recognition of Same-Sex Marriages and for the Validity of DOMA," Catholic University School of Law, Washington, D.C.
  May 18, 2004 Speech, The Role of the Courts, Jonathan Club, Los Angeles
  May 17, 2004 Speech, Separation of Powers, Claremont Republican Club
  May 15, 2004 Speech, The Role of the Courts in Deciding Morals, President's Club Weekend, The Claremont Institute
  May 7, 2004 Symposium, Asbestos conference, University of San Francisco
  April 23, 2004 Symposium, Guinn v. The Legislature, University of Nevada-Las Vegas Boyd School of Law
  April 22, 2004 Testimony, Hearing before the Colorado House of Representatives Committee on the Judiciary, regarding Articles of Impeachment against Judge Coughlin filed by Representative Greg Brophy
  March 24, 2004 Debate (vs Erwin Chemerinsky) on the Death Penalty, Southwestern Law School, sponsored by the Student Bar Ass'n and the Federalist Society
  March 17, 2004 Speech, The Judiciary, Trinity Law School
  Feb. 28, 2004 Speech, Federal Environmental Laws Versus Local Government, presented to The Lincoln Club of Orange County
  Feb. 26, 2004 Speech, The Proper Role of the Judiciary, Fullerton Republican Women's Club
  Feb. 20, 2004 Debate on Patriot Act (with Katherine Darmer, vs. Ben Wizner from the ACLU, Professor William Aceves from Cal Western Law School), Pomona College
  Feb. 6, 2004 Keynote Address, Carson City, Nevada Republican Club Lincoln Day Dinner
  November 14, 2003 Panelist, "Constitutional Limitations of Federal Environmental Protection," Federalist Society Annual National Lawyers Convention, Washington, D.C.
  Oct. 11, 2003 Keynote address and panelist, "Free Speech: Academic Freedom and Religious Expression," sponsored by the C.S. Lewis Foundation, University of California-Berkeley , available online at:

http://webcast.ucsd.edu:8080/ramgen/UCSD_TV/8625.rm.

  Sept. 29, 2003 Panelist, "Supreme Court Preview," sponsored by the Orange County Bankruptcy Law Forum, at Chapman University School of Law .
 

2003

"The Filibuster and Majority Rule," Testimony before the U.S. Senate Rules Committee, Hearing on "Proposals to Amend Senate Rule XXII," (June 5, 2003)

 

2003

"Hijacking the Confirmation Process: The Filibuster Returns to its Brigand Roots," Testimony before the U.S. Senate Judiciary Subcommittee on the Constitution, Hearing on "Judicial Nominations, Filibusters, and the Constitution: When a Majority is Denied Its Right to Consent," (May 6, 2003)

 

2000

Testimony before the Florida legislature’s Select Joint Committee on the Manner of Appointment of Presidential Electors, November 29, 2000, reprinted in The Electoral College: Proven Constitutional Pillar of Freedom (2001)

 
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