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Home >  Federalism under the Influence: Dope, Booze, and the Commerce Clause
Federalism under the Influence: Dope, Booze, and the Commerce Clause
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November 10, 2004

Featured Speakers

Brannon P. Denning is an associate professor of law at Samford University’s Cumberland School of Law, where he teaches constitutional law and professional responsibility. Before joining Cumberland in 2003, he taught at the Southern Illinois University School of Law. He has written extensively on the Commerce Clause, the dormant Commerce Clause doctrine, and various constitutional and political issues. Most notably for today’s discussion, Mr. Denning is the author of “Smokey and the Bandit in Cyberspace: The Dormant Commerce Clause, the Twenty-First Amendment, and State Regulation of Internet Alcohol Sales,” 19 Constitutional Commentary 297 (2002).

Viet D. Dinh is professor of law and codirector of Asian law and policy studies at the Georgetown University Law Center. He specializes in constitutional law, corporations law, and the law and economics of development. Mr. Dinh served as U.S. assistant attorney general for legal policy from 2001 to 2003. He played a key role in developing the USA Patriot Act and in revising the attorney general’s guidelines, which govern federal law enforcement activities and national security investigations. He was a law clerk to Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and to U.S. Supreme Court Justice Sandra Day O’Connor.

John Eastman is professor of law at the Chapman University School of Law and director of the Claremont Institute’s Center for Constitutional Jurisprudence. Before joining the Chapman law faculty in 1999, he served as a law clerk for Supreme Court Justice Clarence Thomas and Circuit Judge J. Michael Luttig and practiced law with Kirkland & Ellis. He has represented numerous clients in important constitutional law matters, including challenging, on Commerce Clause grounds, the expansion of the Endangered Species Act to wholly intrastate, noncommercial species in Rancho Viejo LLC v. Norton.

Richard A. Epstein is the James Parker Hall Distinguished Service Professor of Law at the University of Chicago Law School, where he has taught since 1972, and the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution. Mr. Epstein has written numerous articles on a wide range of legal and interdisciplinary topics and has taught courses on subjects such as constitutional law, contracts, corporations, health law and policy, property, jurisprudence, patents, torts, and workers’ compensation. His writing on the Commerce Clause includes “The Proper Scope of the Commerce Power,” 73 Virginia Law Review 1387 (1987).

Michael S. Greve is the John G. Searle Scholar at AEI, where he directs the AEI Federalism Project and the AEI Liability Project. His research and writing cover American federalism and its legal, political, and economic dimensions. Mr. Greve is the author of The Demise of Environmentalism in American Law (AEI, 1996); Real Federalism: Why It Matters, How It Could Happen (AEI, 1999); and most recently Sell Globally, Tax Locally: Sales Tax Reform for the New Economy (AEI, 2003). He is also the coeditor, with Richard A. Epstein, of Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (AEI, 2004).

R. Hewitt Pate is assistant attorney general for antitrust at the U.S. Department of Justice. After graduating from law school, he clerked for Supreme Court Justice Anthony Kennedy, former Supreme Court Justice Lewis F. Powell Jr., and Judge Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. Mr. Pate previously practiced law at Hunton & Williams, where he served on the firm’s antitrust team and worked on cases related to regulation of the competitive process.

Edward W. Warren is a partner at Kirkland & Ellis, where he specializes in appellate and environmental litigation. He has extensive litigation experience under federal health, safety, and environmental statutes and has participated in oral arguments in more than forty significant cases before the U.S. Courts of Appeals, state supreme courts, and the U.S. Supreme Court. Mr. Warren was a law clerk to U.S. Court of Appeals Judge Luther M. Swygert and has served as an adjunct professor at the University of Chicago, Georgetown University, and George Mason University.

Todd Zywicki is currently a visiting professor of law at the Georgetown Law Center, currently on leave from the George Mason University School of Law. During the 2003–2004 academic year, he served as the director of the Office of Policy Planning at the Federal Trade Commission. He teaches in the area of bankruptcy, contracts, commercial law, law and economics, and public choice and the law. He has also taught at Boston College Law School and at the Mississippi College School of Law.

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