NEAL KUMAR KATYAL

Professor of Law

katyaln at law.georgetown.edu

(202) 662-9000
                                                            

Biograph available here.  Published profiles of Professor Katyal are available here.  High Resolution Image here and here. C.V. here.

         On a less serious note, Colbert Report appearance here: Part I and Part II.

ACADEMIC WRITING

CRIMINAL LAW (forthcoming, Foundation Press 2007) (with Tracey Meares and Dan Kahan)

The Surprisingly Stronger Case for the Legality of the NSA Program, The FDR Precedent, 60 STANFORD L. REV. -- (forthcoming, February 2008) (with Georgetown '07 Richard Caplan)

Equal Protection in the War on Terror, 59 STANFORD L. REV. 1365 (2007)

Disregarding Foreign Relations Law, 116 YALE L.J. 1230 (2007) (with Derek Jinks)

The Supreme Court, 2005 Term, Comment: Hamdan v. Rumsfeld: The Legal Academy Goes to Practice, 120 HARVARD L. REV. 65 (2006)

Internal Separation of Powers: Checking Today's Most Dangerous Branch from Within, 115 YALE L.J. -- 2314 (2006)

The Dark Side of Private Ordering: The Network\Community Harm of Crime, in THE LAW AND ECONOMICS OF CYBERSECURITY (Mark Grady & Francisco Parisi eds. Cambridge U.P. 2006)

Community Self Help, 2005 1 J. L. Econ. & Pol. 33 (2005)

Updating the Study of Punishment, 56 STANFORD L. REV. 1171 (2004) (with Tracey Meares and Dan Kahan)

Executive and Judicial Overreaction in the Guantanamo Cases, 2004 Cato Supreme Court Review 49 (Fall 2004)

Sunsetting Judicial Opinions, 79 Notre Dame L. Rev. 1237 (2004)

The Promise and Precondition of Educational Autonomy, 31 Hastings Con. L. Q. 557 (2003)

Digital Architecture as Crime Control, 112 Yale L.J. 2261 (2003)

Conspiracy Theory, 112 Yale L.J. 1307 (2003)

Waging War, Deciding Guilt: Trying the Military Tribunals, 111 Yale L.J. 1259 (2002) (with Laurence Tribe)

Architecture as Crime Control, 111 Yale L.J. 1039 (2002)

Criminal Law in Cyberspace, 149 U. Penn. L. Rev. 1003 (2001)

Legislative Constitutional Interpretation, 50 Duke L.J. 1335 (2001)

The Clinton Impeachment and Congressional Constitutional Interpretation, 63 Law & Contemp. Probs. 169 (2000)

The Public and Private Lives of Presidents, 8 Wm. & Mary Bill Rts. J. 677 (2000)

Judges As Advicegivers, 50 Stanford L. Rev. 1709 (1998)

Deterrence's Difficulty, 95 Michigan L. Rev. 2385 (1997)

Our Unconventional Founding, 62 U. Chicago L. Rev. 475 (1995) (with Bruce Ackerman)

Executive Privileges & Immunities: The Nixon and Clinton Cases, 108 Harvard L. Rev. 701 (1995) (with A. Amar)

Bakke's Fate, 43 UCLA L. Rev. 1745 (1996) (with A. Amar)

Why Affirmative Action in Higher Education is Safe in the Courts, 9 J. Blacks In Higher Ed. 83 (1995)

Men Who Own Women: A Thirteenth Amendment Critique of Forced Prostitution, 103 Yale L.J. 791 (1993)

SELECTED MISCELLANEOUS

Counsel, Legal and Illegal, The New Republic, Nov. 9, 2007 (Review of Jack Goldsmith, The Terror Presidency)

The Terrorists' Court, New York Times, July 11, 2007, at A19 (with Jack Goldsmith)

Prosecution Complex, New York Times, March 27, 2007, at A19.

We Want Tough Arguments, Legal Times, Jan. 22, 2007 (with Theodore B. Olson)

Toward Internal Separation of Powers, 116 Yale L.J.: The Pocket Part (October 2006)

Split Up Dueling Roles of OLC, Legal Times, Sept. 11, 2006

Invent this Wheel: Now Can we Try Using Courts-Martial for Enemy Detainees?, Slate.com, July 11, 2006

Hamdan v. Rumsfeld, 115 Yale L.J.: The Pocket Part (April 2006)

Executive Decision, Washington Post, Jan. 8, 2006, at BW07 (review of John Yoo, The Powers of War and Peace)

Enough Already: It's Time to Reign in Special Prosecutors , Wall St. Jnl., Oct. 27, 2005 (with Viet Dinh)

What the Co-Equal Branch Thinks: Enlighten the Justice-to-Be About the Senate's Take on Legal Debates, Legal Times, July 25, 2005, at 59

Tortured Logic, Wash. Post Book World, Feb. 20, 2005, at BW10

Sins of Commissions: Why aren't we using the courts-martial system at Guantanamo?, Slate.com, Sept. 8, 2004

Wise Counsel: Appoint a special counsel to investigate Geneva violations, Slate.com, May 28, 2004

Gitmo Better Blues, Slate.com, March 19, 2004

Transparency is Key to Gauging the Legality of Admissions Practices, Chron. Higher Ed., Apr. 9, 2004 (with Roger Clegg)

Let Justice Take Its Course, N.Y. Times, Oct. 2, 2003, at A31 (with Viet Dinh)

Danger in Numbers, Why It Makes Sense To Have Harsh Punishments for Conspiracy, Legal Affairs, April, 2003, at 44

"But Conspiracy Folks, Don't Gut Conspiracy Laws When We Need Them the Most," Slate.com, Nov. 20, 2002

Fairly Filling the Federal Bench: Bush's Judicial Plan Gives the Senate a Good Starting Point, Legal Times, Nov. 11, 2002

"Beyond the Law of One, The Real World Works in Groups, But Law Schools Don't Teach That Way," Legal Times, Sept. 23, 2002

"How to Fight Computer Crime," New York Times, July 30, 2002, at A19.

"The Strong Case for Campus Diversity," Washington Post, June 27, 2001, at A25 (with Eric Holder)

"Politics Over Principle," Washington Post, Dec. 14, 2000, at A31

"Protecting and Preserving Florida's Process," CNN.com, Dec. 1, 2000

"Florida's Election Day Vote Could be Irrelevant," CNN.com, Nov. 9, 2000

"The Battle Between Congress and the Supreme Court Over Miranda Warnings," CNN.com, April 18, 2000

"Executive Privilege, Confidentiality, Trust," Washington Post, Sept. 24, 1999, at A31

"National Testing's Pedigree," New York Times, Sept. 12, 1997, at A37

LEGAL ADVOCACY

Lead Counsel for Salim Hamdan in Hamdan v. Rumsfeld:

Co-Counsel for Vice President Albert Gore in Bush v. Palm Beach Canvassing Bd.. U.S. Supreme Court, No. 00-836 (2000)

Counsel of Record for amicus curiae Military Attorneys Assigned to the Defense in the Office of Military Commissions, in Al Odah v. United States, No. 03-343, U.S. Supreme Court (access to habeas corpus from Guantanamo Bay)

Counsel of Record for amicus curiae Joseph Grodin in Elk Grove v. Newdow, No. 02-1624, U.S. Supreme Court (Pledge of Allegiance case)

Counsel of Record for amici curiae Judith Areen, Katharine Bartlett, Michael Fitts, Anthony Kronman, David Leebron, Saul Levmore, Richard Revesz, Kathleen Sullivan, Lee Teitelbaum, and David Van Zandt ("Private Law School Deans") in Grutter v. Bollinger, No. 02-241, U.S. Supreme Court (University of Michigan Law School affirmative action policy)

Lead Counsel for amici curiae Judith Areen, Katharine Bartlett, Robert Clark, Michael Fitts, Anthony Kronman, David Leebron, John Sexton, and Lee Teitelbaum ("Private Law School Deans") in Grutter v. Bollinger, No. 01-1447 in U.S. Court of Appeals for the Sixth Circuit

Successful Oral Argument on behalf of the United States Government in United States v. Townsend, No. 98-3041, 178 F. 3d 558-71 (D.C. Cir. 1999)

HONORS AND AWARDS

*Named one of the Top 50 Litigators Nationwide 45 Years Old or Younger by American Lawyer Magazine (2007)

*Named one of the 30 best advocates before the U.S. Supreme Court by Washingtonian Magazine (2007)

*Named Lawyer of the Year for 2006 by Lawyers USA Newspaper

*Named 2006 Runner-Up for Lawyer of the Year by National Law Journal

*Named one of the top 500 lawyers in America by LawDragon Magazine (Fall 2006, and again in Fall 2007)

*Named one of the nation's top "forty lawyers under forty" by the National Law Journal, May 2, 2005 [profile available here]

*Named one of ten Non-Resident Indians Achievers for 2005 Worldwide, October 2005

*Named one of twenty "Washingtonians to Watch" by Washingtonian Magazine, December, 2004

*Winner of the 2004 National Law Journal Pro Bono Award [announcement article and profile "Neal Katyal: A Different Take on Detainees Scores Big" Jan. 3, 2005, available here]

*Awarded Town of Salem Massachusetts Prize (2007); National Asian Pacific American Bar Association Trailblazer Award (2007); Pace University Asian-American Attorney of the Year Award (2007); Amnesty International Human Rights Defender Prize (2007); King County Bar Association’s Outstanding Lawyer Award (2007); ACLU Foundation Award (2007); Tigar Advocacy Prize by Texas Civil Rights Project (2006) and National South Asian Bar Association's Advocacy Award (2006)

*Named Thurlow M. Gordon 1906 Lecturer, Dartmouth College (2007); Marvin K. Collie Lecturer, University of Texas (2006); Marla Dickerson Public Interest Lecturer, Northern Illinois University (2006); and Philip Reed Lecturer, Fordham University (2007, 2006, 2005).

PERSONAL PROFILES (SELECTED)

*Marie Brenner, Taking on Guantanamo, Vanity Fair, March 2007

*National Public Radio (NPR) story by Nina Totenberg, Law Professor Beats the Odds with High Court Win, Sept. 5, 2006 [audio here]

                 National Public Radio (NPR) story by Nina Totenberg, 'Hamdan v. Rumsfeld': Path to a Landmark Ruling, Sept. 5 (2006)

*Dartmouth Alumni Magazine, July 2006, Cover Story "A Patriot's Act"

*Yale Law School Alumni Magazine Summer 2006 Story, Hamdan v. Rumsfeld: Neal Katyal Leads Students From Guantanamo to the Supreme Court

*Yale University Alumni Magazine, October 2006 Story, A Challenge to Presidential Power

*Legal Times July 31, 2006, Cover Story, "Katyal's Crusade: How an Overachieving Law Professor Toppled the President's Terror Tribunals"

*Loyola Academy Focus Cover Story, Alumni Making a Difference: Neal Katyal, Fall 2006

*September 2004 American Lawyer Article "Defending Detainees"

*Colbert Report appearance here: Part I and Part II.

HAMDAN CASE

ATTENTION -- Please Note that All Hamdan Briefs and Assorted Papers Related to the Case Are Now Located on www.hamdanvrumsfeld.com

Supreme Court Decision of June 29, 2006 (5-3, in Hamdan's favor)

United States Court of Appeal Decision of July 15, 2005

United States District Court decision of November 8, 2004

SENATE TESTIMONY

*Testimony before Senate Armed Services Committee, April 26, 2007, Prepared Testimony

*Testified before House Armed Services Committee, March 29, 2007, Detention Policy. Prepared Testimony

*Testified before Senate Armed Services Committee, July 19, 2006, "Hamdan v. Rumsfeld". 

PROFESSIONAL EXPERIENCE