Palisades Pool. Neighborhood swimming pool. Family membership since 2003. Justice Advisory Council, December 2000-January 2001, a group of 75-90 individuals formed to advise the Bush-Cheney transition team on general issues relating to the Department of Justice. I am listed as a member, but to the best of my recollection did not participate in any of the Council's activities. Contact: Paul McNulty, (703) 299-3700. Republican National Lawyers Association, association of Republican According to recent press reports, in 1997 I was listed in brochures as a member of the Washington Lawyers Steering Committee of the Federalist Society. The same reports indicate that one could be on that Committee without also being a member of the Society. I have no recollection of serving on that Committee, or being a member of the Society. I have participated in Society events, including moderating a panel around 1993 and more recently speaking before a lunch meeting of the Washington chapter on October 30, 2003. b. If any of these organizations of which you were or are a member or in which you participated issued any reports, memoranda or policy statements prepared or produced with your participation, please furnish the committee with four (4) copies of these materials, if they are available to you. "Participation" includes, but is not limited to, membership in any working group of any such association, committee or conference which produced a report, memorandum or policy statement even where you did not contribute to it. If any of these materials are not available to you, please give the name and address of the organization that issued the report, memoranda or policy statement, the date of the document, and a summary of its subject matter. None, except for the Joint Project on the Independent Counsel Statute sponsored by the American Enterprise Institute and the Brookings Institution. Four copies of the report issued by the Joint Project are attached. c. Please indicate whether any of these organizations currently discriminate or formerly discriminated on the basis of race, sex, or religion — either through formal membership requirements or the practical implementation of membership policies. If so, describe any action you have taken to change these policies and practices. None have from before the time I joined. 13. Published Writings: a. List the titles, publishers, and dates of books, articles, reports, letters to the editor, editorial pieces, or other material you have written or edited, including material published only on the Internet. Please supply four (4) copies of all published material to the Committee. "The Takings Clause," Developments in the Law-Zoning, 91 Harvard Law Review 1462 (1978) (unsigned student note). Comment, "Contract Clause — Legislative Alteration of Private Pension Comment, "First Amendment - Media Right of Access," 92 Harvard Law "New Rules and Old Pose Stumbling Blocks in High Court Cases," Legal Times, February 26, 1990 (also reprinted in various affiliated publications), co-authored with E. Barrett Prettyman, Jr. "Article III Limits on Statutory Standing,” 42 Duke Law Journal 1219 (1993). "Riding the Coattails of the Solicitor General," Legal Times, March 29, 1993. "The New Solicitor General and the Power of the Amicus," The Wall Street Journal, May 5, 1993. "The 1992-93 Supreme Court," 1994 Public Interest Law Review 107. "Forfeitures: Does Innocence Matter?" Legal Times, October 2, 1995. "Thoughts on Presenting an Effective Oral Argument,” School Law in Review (1997). "Oral Advocacy and the Re-emergence of a Supreme Court Bar," 30 Journal of Supreme Court History 68 (2005). b. Please supply four (4) copies of any testimony, official statements or other communications relating, in whole or in part, to matters of public policy, that you have issued or provided or that others presented on your behalf to public bodies or public officials. Aug. 23, 1993 I appeared before the House Republican Conference Task Force on Crime to discuss crime legislation. Four copies of the hearing transcript are attached. June 11, 1999 I appeared before the Subcommittee on Commercial and Administrative Law of the House Judiciary Committee with former Senators George Mitchell and Robert Dole and former Solicitor General Drew Days to discuss the report of the Joint Project on the Independent Counsel Statute sponsored by the American Enterprise Institute and the Brookings Institution. Four copies of the hearing transcript and the report from the Joint Project are attached. c. Please supply four (4) copies, transcripts or tape recordings of all speeches or talks, including commencement speeches, remarks, lectures, panel discussions, conferences, political speeches, and question-and-answer sessions, by you which relate in whole or in part to issues of law or public policy. If you have a recording of a speech or talk and it is not identical to the transcript or copy, please supply four (4) copies of the recording as well. If you do not have a copy of the speech or a transcript or tape recording of your remarks, please give the name and address of the group before whom the speech was given, the date of the speech, and a summary of its subject matter. If you have reason to believe that the group has a copy or tape recording of the speech, please request that the group supply the committee with a copy or tape recording of the speech. If you did not speak from a prepared text, please furnish a copy of any outline or notes from which you spoke. If there were press reports about the speech, and they are readily available to you, please supply them. Brookings Institution, October 3, 1983, Washington, D.C., on Giving Legal Indiana University School of Law, 1984 Harris Lecture series, January 20, 1984, Maryland Association of County Attorneys, December 7, 1989, on Appellate District of Columbia Bar Association, Section on Administrative Law, September 19, 1990, Washington, D.C., on Supreme Court Environmental Cases. American Bankruptcy Institute, December 7, 1991, Scottsdale, AZ, on Supreme American Academy of Appellate Lawyers, February 5, 1994, Kansas City, MO, on Supreme Court practice. Elderhostel, Rockville, MD, November 14, 1996, on Supreme Court oral D.C. Copyright Law Society, March 16, 1998, Washington, D.C., on Feltner v. Columbia Pictures. Bureau of National Affairs, Supreme Court Constitutional Law Seminar, D.C. Bar Administrative Law Section, September 24, 1998, Washington, D.C., on NCUA v. First National Bank & Trust Co. Alabama Bar Institute for Continuing Legal Education, 36th Annual Southeastern Corporate Law Institute, Point Clear, AL, April 24, 1999, on recent Supreme Court cases. Arizona Bar Appellate Practice Section, June 25, 1999, on the certiorari process. National Mining Association, Lake George, N.Y., September 10, 1999, on amicus briefs. Republican National Lawyers Association, Washington, D.C., April 3, 2000, on cases pending before the Supreme Court. Cosmetics, Toiletries, and Fragrances Association, Napa Valley, CA, April 26, 2000, on the First Amendment and commercial speech. Symposium, Bicentennial Celebration of the Courts of the District of Columbia Circuit, Washington, D.C., March 9, 2001, Panelist on Constitutional Confrontations in the District of Columbia Circuit Courts. Proceedings published at 204 F.R.D. 499. National Association of Legal Secretaries, Washington, D.C., July 28, 2001, on Supreme Court arguments. Environmental Law Seminar, Harvard Law School, Cambridge, MA, January 17, 2002, on Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency. John F. Kennedy School of Government, Masters Program visit to Washington, D.C., January 24, 2002, on Supreme Court practice. American Academy of Appellate Lawyers, New Orleans, LA, February 8, 2002, on Supreme Court practice, with E. Barrett Prettyman, Jr., and Seth Waxman. Georgetown University Law School, Supreme Court Institute, May 16, 2002, Washington, D.C., 1992 Supreme Court law clerk program, on the 1992 Supreme Court term. Brigham Young University and J. Reuben Clark Law School, Rex E. Lee Conference on the Office of Solicitor General of the United States, Provo, UT, September 12-13, 2002, with 19 other alumni of the Office. Proceedings transcribed and published at 2003 BYU Law Review 1 (2003) (copies attached). Supreme Court Historical Society Annual Lecture, "Oral Advocacy and the Reemergence of a Supreme Court Bar," June 7, 2004, published at 30 Journal of Supreme Court History 68 (2005) (copies attached). Lecturer, Appellate Advocacy Course, District of Columbia Bar Continuing Legal Education Program, October 27, 2004, Washington, D.C. (notes attached). Guest Speaker, U.S. Department of Justice Civil Division Awards Ceremony, Wake Forest University School of Law, Jeff Rupe Memorial Lecture, February 25, 2005, Winston-Salem, N.C. (videotape available). University of Virginia School of Law, Ola B. Smith Lecture, “What Makes the D.C. Circuit Different? A Historical View,” April 20, 2005, Charlottesville, VA (audiodisc available). Since 1995, I have addressed the Street Law/Supreme Court Historical Society program for high school teachers. Two sessions of the program are held annually in June, and I typically address both sessions. My remarks offer an introduction for the teachers on how the Supreme Court decides which cases to review and how it decides those cases on the merits. Prior to joining the bench, I also regularly participated in press briefings sponsored by the National Legal Center for the Public Interest and the Washington Legal Foundation upon the opening of a new Supreme Court term or the Court's rising for the summer. On no occasion did I speak from a prepared text. Notes or recordings are available only as indicated. d. Please list all interviews you have given to newspapers, magazines or other publications, or radio or television stations, providing the dates of these interviews and four (4) copies of the clips or transcripts of these interviews where they are available to you. NPR, Morning Edition, Nov. 13, 2002, “Supreme Court to take up issue of whether or not Megan's Law violates constitutional rights of past sex offenders." |