Interrogation, Detention and the Powers of the Executive - A Series of Roundtables
The Sixth Annual Conference of the Duke Program in Public Law
September 17, 2004
Room 3043 Duke Law School
Professor Nina Pillard
Professor Cornelia (Nina) Pillard teaches constitutional law, civil procedure and legal theory at Georgetown University Law Center. Her interest in issues of executive power and responsibility is reflected in her past work as a practicing lawyer as well recent writing and research. Professor Pillard was Assistant to the Solicitor General from 1994-1997, and Deputy Assistant Attorney General in the Office of Legal Counsel from 1998-2000. She joined the Georgetown law faculty in Fall 1997. Professor Pillard’s recent article, The Unfulfilled Promise of the Constitution in Executive Hands, is forthcoming in Michigan Law Review in winter 2004.
Randolph D. Moss is a partner in the firm of Wilmer, Cutler and Pickering. From 1996-2001, Randolph D. Moss served the Clinton administration as assistant attorney general for the US Department of Justice Office of Legal Counsel. Mr. Moss frequently writes about and testifies before Congress on a variety of constitutional and administrative law issues. He is a Fellow of the American Bar Foundation.
Professor Michael J. Gerhardt
Michael Gerhardt is currently Arthur B. Hanson Professor of Law at William & Mary Law School. He is the author of over fifty law review publications on various subjects in constitutional law and of six books, including the second editions of The Federal Impeachment Process (U. of Chicago Press, 2000) and The Federal Appointments Process (Duke University Press, 2003). He is the co-author of the second edition of the book, Constitutional Theory: Arguments and Perspectives (with Professors Tom Rowe of Duke Law School, Rebecca Brown of Vanderbilt Law School, and Girardieu Spann of Georgetown Law Center). He is currently working on a book, to be published by Oxford University Press, on the role of precedent in constitutional law.
Adam Charnes is a partner in the Winston-Salem, North Carolina, office of Kilpatrick Stockton LLP. Following law school, Mr. Charnes served as a law clerk to Supreme Court Justice Anthony M. Kennedy and to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. From 2002 to 2003, he was the Principal Deputy Assistant Attorney General for the Office of Legal Policy at the United States Department of Justice where he was responsible for various legal policy matters, including counter-terrorism, criminal justice, and civil justice reform, and for assisting with the selection and confirmation of federal judges.
Professor Eric Muller
Muller clerked for United States District Judge H. Lee Sarokin in Newark, New Jersey from 1987 to 1988. He then practiced in the litigation department of a private law firm in Manhattan from 1988 to 1990, before joining the United States Attorney's Office in Newark, where he served as an assistant U.S. attorney in the Criminal Appeals Division from 1990 to 1994. Muller joined the UNC faculty in the fall of 1998. He has published articles in the Yale Law Journal, the Harvard Law Review, and the University of Chicago Law Review. His book "Free to Die for their Country:The Story of the Japanese American Draft Resisters of World War II," was published in August of 2001 by the University of Chicago Press.
Professor William Marshall
Marshall joined UNC-Chapel Hill as a permanent member of the faculty in spring 2001. Marshall served as Deputy White House Counsel and Deputy Assistant to the President of the United States during the Clinton Administration where he worked on issues ranging from freedom of religion to separation of powers. He has published extensively on constitutional law issues and is a nationally recognized first amendment scholar. He is also a leading expert on federal judicial selection matters and on the interrelationship between media, law and politics.
Professor John C. Harrison
John C. Harrison joined the University of Virginia School of Law faculty in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for the Honorable Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).
Professor Erwin Chemerinsky
Erwin Chemerinsky joined the Duke Law faculty July 1, 2004. Since 1983, he has been a professor at the University of Southern California Law School, where he was the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science.
He is the author of four books: Federal Jurisdiction (Aspen Law & Business 4th ed. 2003) (a one volume treatise on federal courts); Constitutional Law: Principles and Policies (Aspen Law & Business 2d ed. 2002) (a one volume treatise on constitutional law); Constitutional Law (Aspen Law & Business 2001) (a casebook); Interpreting the Constitution (Praeger 1987).
Professor Scott Silliman
Scott L. Silliman joined the faculty in September of 1993 and is a Professor of the Practice of Law at the Duke University School of Law, as well as Executive Director of the Law School's Center on Law, Ethics and National Security. He also holds appointments as an Adjunct Professor of Law at the University of North Carolina at Chapel Hill, and at North Carolina Central University.
He participated in a four year Air Force ROTC program during his undergraduate days at UNC and was called to active duty as an Air Force judge advocate in November of 1968. During his career as a military attorney, he held a variety of leadership positions, including staff judge advocate (the senior attorney) at two large installations and three major Air Force commands. In his last assignment, as the senior attorney for Tactical Air Command and later Air Combat Command, he was general counsel to the commander of the largest principal organization within the Air Force, with 185,000 military and civilian personnel at 46 primary locations throughout the world. On August 31, 1993, after 25 years of service, he retired from the Air Force in the grade of colonel to assume his current position at Duke.
Professor Silliman's teaching and research interests focus on national security law (which he teaches at three different law schools within the state), international humanitarian law, and operational law.
Professor Silliman is a member of the ABA's Standing Committee on Law and National Security, and the Judge Advocates Association, a national organization of active duty, reserve and retired judge advocates from all the services.
Professor H. Jefferson Powell
Jeff Powell has been a member of the Duke faculty since 1987. He teaches contracts and constitutional law and history in the Law School. His publications include Languages of Power (1991) (on early American constitutional history), The Moral Tradition of American Constitutionalism (1993), The Constitution and the Attorneys General (1999), The President's Authority over Foreign Affairs (2002) and A Community Built on Words(2002), as well as book chapters and articles. He is also the editor of the new edition of President William Howard Taft's Our Chief Magistrate and his Powers (2002), to which he contributed an extensive introduction as well as endnotes.
Professor Powell has served in both the federal and state governments, as a deputy assistant attorney general and as Principal Deputy Solicitor General in the U.S. Department of Justice, and as special counsel to the Attorney General of North Carolina; he has briefed and argued cases in both federal and state courts, including the Supreme Court of the United States.
Professor Walter Dellinger
Walter Dellinger is the Douglas B. Maggs Professor of Law at Duke University and a partner in the firm of O’Melveny & Myers. He returned to Duke in August, 1997, after having served as acting Solicitor General for the 1996-97 Term of the Supreme Court. Dellinger argued nine cases before the Court, the most by any Solicitor General in more than twenty years. His arguments included cases dealing with physician assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act and the constitutionality of remedial services for parochial school children.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Dellinger was nominated by the President to be Assistant Attorney General and head of the Office of Legal Counsel (OLC) and was confirmed by the Senate for that position in October, 1993.
Professor Neil Kinkopf
A.B. (summa cum laude, Phi Beta Kappa), Boston College (1987)
J.D. (magna cum laude), Case Western Reserve University (1991)
Editor-in-Chief, Case Western Reserve Law Review
Order of the Coif
Law Clerk, Judge Richard Suhrheinrich, U.S. Court of Appeals (6th Circuit) (1991-1992)
Domestic Policy Specialist, Clinton/Gore Campaign and Presidential Transition (1992-1993)
Special Assistant to the Attorney General, U.S. Department of Justice (1993)
Special Assistant, Office of Legal Counsel, U.S. Department of Justice (1993-1997)
Visiting Assistant Professor, Case Western Reserve University School of Law (1997-1998)
Senior Fellow in Public Law, Duke University School of Law (1998-1999)
Counselor to Senator Joseph Biden for the Impeachment Trial of President Clinton (1999)
Professor Carlos Vazquez
Vázquez served as a law clerk to the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. He then practiced law with Covington and Burling in Washington, DC, before joining the law school faculty as a visiting professor of law in 1990, and then as an associate professor in 1991. Since 2000, he has served as the United States member of the Inter-American Juridical Committee, the organ of the Organization of American States responsible for juridical matters and for promoting the progressive development and codification of international law in the Americas. Professor Vázquez has written and taught primarily in the areas of international law, constitutional law, and federal courts.
Professor Vicki Jackson
Jackson served as a law clerk to Judge Murray Gurfein (U.S. Court of Appeals, Second Circuit), Morris Lasker (U.S. District Court, Southern District of New York), and to U.S. Supreme Court Justice Thurgood Marshall. She is co-author with Professor Mark Tushnet of a coursebook on Comparative Constitutional Law, and serves as an Articles Editor for I.Con, the International Journal of Constitutional Law. Her articles on federalism, sovereign immunity and the 11th Amendment, and gender equality have appeared in the Harvard Law Review, Yale Law Journal, Georgetown Law Review, and other scholarly journals. She served as a Deputy Assistant Attorney General in the Office of Legal Counsel in the U.S. Department of Justice (2000-01)
Professor Neil Siegel
Neil S. Siegel joined the Duke Law faculty on July 1, 2004. Professor Siegel clerked with Associate Justice Ruth Bader Ginsburg at the Supreme Court of the United States. Before that he served as a Bristow Fellow in the Office of the Solicitor General at the United States Department of Justice, and was a law clerk to then-Chief Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit. For two years, he was a summer associate at O'Melveny & Myers, L.L.P., in Washington, D.C. and San Francisco, California.
Professor Siegel's publications include: “Why the Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply to Professor Farber,” 18 Constitutional Commentary 177 (2001); Comment, “State Sovereign Immunity and Stare Decisis: Solving the Prisoners' Dilemma Within the Court,” 89 California Law Review 1165 (2001); Comment, “Sen and the Hart of Jurisprudence: A Critique of the Economic Analysis of Judicial Behavior,” 87 California Law Review 1581 (1999). His Ph.D. dissertation is entitled “Intransitivities Protect Minorities: Interpreting Madison's Theory of the Extended Republic.”
Professor Dawn Johnsen
Johnsen joined the faculty of the Indiana University, Bloomington School of Law in 1998, following a distinguished career in Washington, D.C. After five years as legal director of the NARAL, Professor Johnsen was a deputy assistant attorney general and then the acting assistant attorney general for the Office of Legal Counsel, where she advised the attorney general, the White House counsel, and the general counsels of all the executive departments and agencies.
Professor John O. McGinnis
John O. McGinnis joined the Northwestern Law faculty in 2002. He clerked for Hon. Kenneth W. Starr, U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, John was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He recently was appointed to the advisory committee on NAFTA and labor standards. The Office of the U.S. Trade Representatives also has added him to the roster of Americans who can be appointed as panelists to resolve World Trade Organization disputes.
Marty Lederman was an Attorney-Advisor in the Department of Justice's Office of Legal Counsel from 1994 to 2002. He is now in private practice in the Washington, D.C. area, specializing in constitutional and appellate litigation.