Featuring John Harrison, James Madison Distinguished Professor of Law, University of Virginia School of Law; Susan Herman, President, ACLU; John Malcolm, Director Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation.
Moderator: Jeffrey Rosen, President & CEO, National Constitution Center
John C. Harrison joined the faculty in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.
A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge 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).
Susan N. Herman was elected President of the American Civil Liberties Union in October 2008, after having served on the ACLU National Board of Directors for twenty years, as a member of the Executive Committee for sixteen years, and as General Counsel for ten years.
Herman holds a chair as Centennial Professor of Law at Brooklyn Law School, where she currently teaches courses in Constitutional Law and Criminal Procedure, and seminars on Law and Literature, and Terrorism and Civil Liberties. She writes extensively on constitutional and criminal procedure topics for scholarly and other publications, ranging from law reviews and books to periodicals and on-line publications. Her current book, Taking Liberties: The War on Terror and the Erosion of American Democracy, published by Oxford University Press in October 2011, and reissued in an expanded paperback edition in March 2014, is the winner of the 2012 IIT Chicago-Kent College of Law/Roy C. Palmer Civil Liberties Prize. Other publications include two additional books, TERRORISM, GOVERNMENT, AND LAW: NATIONAL AUTHORITY AND LOCAL AUTONOMY IN THE WAR ON TERROR, editor and co-author, with Paul Finkelman (Praeger Security International 2008) and THE RIGHT TO A SPEEDY AND PUBLIC TRIAL (Praeger 2006) (part of a series on the Constitution), and law review articles including The USA PATRIOT Act and the Submajoritarian Fourth Amendment, 41 HARV. CIV. RTS.-CIV. LIB. L. REV. 67 (2006).
Herman has discussed constitutional law issues on radio, including a variety of NPR shows; on television, including programs on PBS, CSPAN, NBC, MSNBC and a series of appearances on the Today in New York show; and in print media including Newsday and the New York Times. In addition, she has been a frequent speaker at academic conferences and continuing legal education events organized by groups such as the Federal Judicial Center, and the American Bar Association, lecturing and conducting workshops for various groups of judges and lawyers, and at non-legal events, including speeches at the U.S. Army War College and many other schools. She has also participated in Supreme Court litigation, writing and collaborating on amicus curiae briefs for the ACLU on a range of constitutional criminal procedure issues, and conducting Supreme Court moot courts, and in some federal lobbying efforts.
Herman received a B.A. from Barnard College as a philosophy major, and a J.D. from New York University School of Law, where she was a Note and Comment Editor on the N.Y.U. Law Review. Before entering teaching, Professor Herman was Pro Se Law Clerk for the United States Court of Appeals for the Second Circuit, and Staff Attorney and then Associate Director of Prisoners' Legal Services of New York.
John G. Malcolm oversees The Heritage Foundation's work to increase understanding of the Constitution and the rule of law as director of the think tank's Edwin Meese III Center for Legal and Judicial Studies.
Malcolm, who also is Heritage's Ed Gilbertson and Sherry Lindberg Gilbertson senior legal fellow, brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Before being named director of the Meese Center in July 2013, Malcolm spearheaded the center's rule of law programs. His research and writing as senior legal fellow focused on criminal law, immigration, national security, religious liberty and intellectual property.
The Meese Center works to educate government officials, the media and the public about the Constitution and legal principles -- and how they affect public policy. The center was founded in 2001 and overseen until early 2013 by the conservative icon whose name it bears, former Attorney General Edwin Meese III.
In addition to his duties at Heritage, Malcolm is chairman of the Criminal Law Practice Group of the Federalist Society and chairman-elect of the board of directors for Boys Town Washington, D.C., which provides homes and services to troubled children and families who are edging toward crisis.
Before joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom as well as a distinguished practitioner in residence at Pepperdine Law School. An independent and bipartisan panel, USCIRF reviews reported violations of religious freedom around the world and makes policy recommendations to the president, the secretary of state and Congress.
From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association of America.
He served as a deputy assistant attorney general in the Department of Justice's Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director's Award for Superior Performance for his work as an assistant U.S. attorney in the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
Malcolm began his law career as a law clerk to a federal district court judge and a federal appellate court judge as well as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan.
Malcolm is a graduate of Harvard Law School and holds a bachelor's degree in economics from Columbia College. Born in New York City, he grew up in Tenafly, N.J. He and his wife, Mary Lee, currently reside in Washington, D.C. They have two adult children, Andy and Amanda.
Jeffrey Rosen is President and CEO of the National Constitution Center. He is also a Professor of Law at
The George Washington University Law School, and a Contributing Editor of The Atlantic.
Rosen is a graduate of Harvard College, Oxford University, and Yale Law School. His new book, Louis D.
Brandeis: American Prophet, was published on June 1, 2016, the 100th anniversary of Brandeis's
Supreme Court confirmation. His other books include The Supreme Court: The Personalities and Rivalries
that Defined America, the best-selling companion book to the award-winning PBS series; The Most
Democratic Branch: How the Courts Serve America; The Naked Crowd: Freedom and Security in an
Anxious Age; and The Unwanted Gaze: The Destruction of Privacy in America, which The New York Times
called the definitive text in privacy perils in the digital age. Rosen is coeditor, with Benjamin Wittes, of
Constitution 3.0: Freedom and Technological Change, the proceedings of the Brookings Project on
Technology and the Constitution.
His essays and commentaries have appeared in The Atlantic, The New York Times Magazine, on National
Public Radio, in the New Republic, where he was the legal affairs editor, and in The New Yorker, where
he has been a staff writer. The Chicago Tribune named him one of the ten best magazine journalists in
America, and the Los Angeles Times called him the nation's most widely read and influential legal