ROBERTS. PECK
7916 Bressingham Drive
Fairfax Station, Virginia 22039
h: (703) 690-6006
o: (202) 944-2874
EDUCATIQN.
77.
YALE LAW SCHOOL, Master of Laws, June 1990.
Graduate Fellow.
Teaching Fellow, with Professor Jerry Mashaw, “Legislatures, Legislation, and
the Interpretation of Statutes. ”
NEW YORK UNIVERSITY COLLEGE OF LAW, Juris-Doctor, 1977-78.
CLEVELAND-MARSHALL SCHOOL OF LAW, Cleveland St. University, 1975-
Editor, Law Review.
Chief Justice, Student Bar Association Court.
President, Phi Alpha Delta Law Fraterruty.
GEORGE WASHINGTON UNIVERSITY, Bachelor of Arts, Political Science, 1975.
Student member, University Board of Trustees, 1974-75.
EXPERIENCE
PRESIDENT, CENTER FOR CONSTITUTIONAL LITIGATION, Washington,
D.C. 2001-
Chief Executive Officer and senior litigator for a law firm engaged in constitutional
litigation throughout the country and providing legal policy analysis and counsel. Current
constitutional challenges, handled by Mr. Peck, include Florida’s 1999 omnibus tort reform
bill (FCAN v. Bush (Fla. 2d Cir.), appeal pending) and to North Carolina’s 1996 punitive
damage cap (Rhyne v. Kman (N.C. Ct. App.)). In 2001, Trial Lawyers for Public Justice
awarded Mr. Peck and the lawyers in his law firm their Public Justice Achievement Award
during their annual meeting in Montreal. The American Bar Association’s Tort and Insurance
Law Section recognized Mr. Peck during its 2001 Annual Meeting in Chicago with its Pursuit
of Justice award ..
SENIOR DIRECTOR FOR LEGAL AFFAIRS AND POLICY RESEARCH,
ASSOCIATION OF TRIAL LAWYERS OF AMERICA, Washington, D.C. 1998-
Director of Legal Affairs and Policy Research, 1995-98.
Architect of successful state constitutional litigation program that produced four straight
victories over tort reform laws (Illinois, Oregon, Indiana, and Ohio). Personally handled the
preparation and argument of State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715
N .E.2d 1062 (Oh. 1999). In addition to participating as a member of the senior management
team for the entire association, specific responsibilities incJude oversight of the association’s
legal affairs and public policy research departments, including its constitutional litigation and
amicus curiae programs, as well as its liaison functions with the judiciary, American Law
Institute, bar associations and academia. Testifies before Congress on the constitutional import
of pending legislation. Serves as media spokesperson on U.S. Supreme Court cases and other
constitutional matters. Chairs research coordinating committee, supervises staff of and
provides academic support for related think tank, Roscoe Pound Institute, and serves as
designated liaison to the American Bar Association and other legal policy organizations.
ADJUNCT PROFESSOR, WASHINGTON COLLEGE OF LAW, AMERICAN
UNIVERSITY, Washington, D.C. 1991- ; GEORGE WASHINGTON UNIVERSITY
SCHOOL OF LAW, 2001- .
Teaches state constitutional Jaw seminar at both law schools during alternate semesters.
FIRST AMENDMENT COUNSEL, AMERICAN CIVIL LIBERTIES UNION,
Washington, D.C. 1991-1995.
Served as national First Amendment Counsel, providing legislative analysis and
lobbying on First Amendment issues and assisting state affiliates in cutting-edge constitutional
litigation. Served as principal spokesperson on First Amendment issues, before Congress,
federal administrative and regulatory agencies, and the news media. Delivered testimony on
pending legislation before congressional committees; drafted new legislation; lobbied members
of Congress and staff; developed cooperating coalitions; participated in ACLU national
Supreme Court and appellate litigation, including merit and amicus briefs; advised affiliate
offices on iitigation and legislation; chaired ACLU Church-State Task Force; supervised
ACLU volunteers, William Brennan fellow and interns on First Amendment issues.
COLUMNIST, ABA JOURNAL, 1990-94.
Co-authored rr:onthly column previewing significant upcoming U.S. Supreme Court
arguments in 450,000 circulation magazine of the American Bar Association.
llJ.§. SUPREJ\lffi COURT JUDICIAL FELLOW, Washington, D.C. 1990-91.
Appointed by the Chief Justice of the United States to conduct research and develop
programs in connection with the work of the committees of the Judicial Conference of the
United States and the Administrative Office of the U.S. Courts; assisted in developing report
and legislative proposal for the Conference’s Ad Hoc Committee on Asbestos Litigation;
assisted in developing programs for new committees on long-range planning and comparative
judicial systems and for implementation of the 1990 Civil Justice Reform Act.
STAFF DIRECTOR, AMERICAN BAR ASSOCIATION, COMMISSION ON
PUBLIC UNDERSTANDING ABOUT THE LAW, Chicago/Washington, D.C. 1982-89.
Created and managed the ABA’s project to commemorate the U.S. Constitution’s
bicentennial, including: four-part, prime-time public television series, companion mass-market
book, complementary newspaper series, nationwide series of community-level activities,
scholarly conferences and symposia throughout the United States and in Brazil and the
Philippines (as part of a team of U.S. scholars assisting in drafting new constitutions), and a
wide range of publications. Duties included administration, fundraising, creative development,
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government relations, legal representation and scholarship. Project won White House citation,
and television series won numerous broadcasting and journalism awards. Also supervised all
ABA activities aimed at educating the general public about the law and legal system.
EDUCATION RIGHTS DIRECTOR/STAFF ATTORNEY, PUBLIC EDUCATION
ASSOCIATION, New York, 1978-82.
Supervised legal staff and initiated federal class action litigation on educational policy
issues, as welJ · as directed legislative and administrative lobbying. Handled major issues
including special education, employment discrimination, educational financing and student
expression.
EDITOR, MATTHEW BENDER & CO., New York, 1977-78.
Wrote and edited new supplements for a variety of legal publications covering
procedural and· evidentiary rules and substantive legal topics.
LAW CLERK, CHIEF JUSTICE RICHARD BRENNAN and SENIOR JUDGE
EDWARD FEIGHAN, CLEVELAND MUNICIPAL COURT, Cleveland. 1976.
Provided legal research and wrote opinions, memoranda, and case summaries;
conducted pre-trial conferences.
LEGISLATIVE AIDE/INTERN, U.S. HOUSE OF REPRESENTATIVES,
Washington, D.C. 1972-74.
Wrote speeches, reports on upcoming legislation and responses to. constituent mail in
three different congressional offices: Rep. Wayne Owens (D-UT)(1974); Rep·. H. John Heinz
ill (R-PA); and Del. Walter E. Fauntroy (D-DC)(1972-73).
PUBLICATIONS
BOOKS
Libraries, Cyberspace and the First Amendment: a practical guide to the legal issues,
ALA Editions (2000).
“School Library Censorship and the Courts: After Hazelwood,” Intellectual Freedom
Manual, American Library Association Press (1996)(update of earlier work published in
1992).
“Religious Liberty,” Human Rights Violations in the United States, Human Rights
Watch/ACLU (1994).
The Bill of Rights and the Politics of Interpretation, West Publishing Co. (1992).
“The Bill of Rights,” The Guide to American Law – 1991 Supplement, West
Publishing Co. (1991).
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“The Ninth Amendment and the Rights Not Enumerated,” Readings on the Bill of
Rights, First Amendment Congress (1991).
To Govern a Changing Society: Constitutionalism and the Challenge of New
Technology, editor, Smithsonian Institution Press (1990).
We the People: The .Constitution in American Life, companion volume to the PBS
telev·ision series, Harry N. Abrams, Inc. (1987).
The Blessings of Liberty: Bicentennial Lectures at the National Archives, co-editor
· with Ralph Pollock, and author of “The Constitution and American Values,” ABA Press
(1986).
Speaking & Writing Truth: Community Forums on the First Amendment, co-author
with Mary Manemann, ABA Press (1985).
Understanding the Law: A Handbook on Educating the Public, principal author and
co-editor with Charles J. White (1983).
“Women and the Law,” The Good Housekeeping Woman’s Almanac, Doubleday/NEA
(1977).
LAW REVIEWS
Children, Media Violence and the First Amendment, forthcoming.
In Defense of Fundamental Principles: The Unconstitutionality of To.rt Ref onn, _
Seton Hall L. Rev. 101 (2001).
Tort Reform 1999: A Building Without a Foundation, 27 Florida St. L. Rev. 397
(2000)(with Richard Marshall and Kenneth D. Kranz).
Free Speech and Political Reform, 21 Oklahoma City U. L. Rev. 53 (1996).
The Threat to the American Jdea of Religious Liberty, 46 Mercer L. Rev. 1123
(1995).
Defining American Culture: a panel discussion, Liberty, Life and Family 196 (Spring
1995).
Constitutional Implications of Campaign Finance Reform, 8 Admin. L. Rev. 161
(1994).
Deciding When Speech lsn ‘t Speech: “Speech Acts” and the First Amendment (Book
Review), 20 NYU Rev. of La w and Soc. Change 667 (1994).
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Tashjian v. Republican Party: A Conflict between Party Rules and Election Laws, 18
Urb. Law. 1005 (1986)(with Martin B. Hunter).
Davis v. Bandemer: Political Gerrymandering Challenged on Equal Protection
Grounds, 17 Urb. Law. 945 (1985)(with Andrew P. MilJer, Mark A. Packman, and Kenneth
Hill).
Extending the Constitutional Right to Privacy in the New Technological Age, 12
Hofstra L. Rev. 893 (1985).
Recent Developments in Election Law, 16 Urb. Law. 765 (1984)(with Barbara
McDowell).
Dollar Democracy: An Analysis of Public Financing of State Politics, 15 Urb. Law.
921 (1983)(with Barbara McDowell).
The Voting Rights Act: Report of the N. Y. State Bar Association, N. Y .L.J. (Feb.
1982)(with Michael Brody).
Note, Nuclear Power and Preemption: Opportunities for State Regulation, 27 Cleve.
St. L. Rev. 117 (1978).
OTHER ARTICLES
“Winning Increased Punitive Damage Awards after Cooper v. Letterman,” Trial
(forthcoming October 2001).
“The Law of Unintended Consequences,” JURIST, Books on Law (Book Review of To
an Unknown God: Religious Freedom on Tn”al)(July 2001), found at
hnp:/ /jurist. law. pitt.edu/lawbooks/reviews .htm#Peck.
“Defending the American System of Justice,” Trial 18 (Apr. 2001).
“The Cooked Books Behind the “Tort Tax,” Trial 18 (Aug. 2000)(with Richard
Marshall and Kenpeth D. Kranz).
“The Trouble with Politicians,” JURIST, Books on Law (Book Review of Reckless
Legislation: How Lawmakers Ignore the Constitution)(May 2000), found at
http: //jurist. Jaw. pitt. edu/lawbooks/reviews. htm#Peck.
“Ohio Tort ‘Reform’ Measure Overturned,” Trial 66 (Nov. 1999).
“An Enigma Wrapped in a Mystery,” JURJST, Books on Law (Book Review of The
Man ¾’ho Was \.1/hizzer Whi1e: A Ponrail of Jus1ice Byron White)(Nov. 1998), found at
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hnp:/ /jurist. law. pitt.edu/lawbooks/reviews .htm#Peck.
Book Review, Ashes to Ashes, Trial 84 (May 1998).
“Roundtable on Products Liability Litigation,” Trial 22 (Nov. 1997) .
Book Review, “Moral Judgment: Does the Abuse Excuse Threaten our Legal System?,”
Trial 89 (November 1997){book review).
“Kids Have First Amendment Rights, Too,” American Libraries 64 (Sept. 1997)(with
Ann K. Symons).
“Supreme Court Review: States Win, Juries Lose in Recent Court Term,” ·Trial 18
(Aug. 1996).
“Gerald Gunther: Crusader for the Constitutional Scheme,” California Lawyer (Apr.
1994).
“ls Cigarette Advertising Protected by the Constitution?” Priorities magazine (Summer
1993)[reprinted in Scripps-Howard newspapers].
1993).
“A Wrenching Reversal [the Flag-Salute Cases],” Constitution magazine (Winter
“Jurist Before the Bench,” ABA Journal (Feb. 1993).
“Celebrating the Bill of Rights and its Application,” Judges’ Journal (Fall 1991).
“The Foundations of Dissent,” Dialogue (Feb. 1990).
“The Right to be Left Alone,” Human Rights (Fall 1987).
“When the Constitution Isn’t Enough,” Student Lawyer (Dec. 1987).
“StatutOTY. Limits on Campaign Financing: A Boon or a Boondoggle?” Preview of U.S.
Supreme Court Cases (Dec. 21, 1984).
11 Can Presidents Pack the Supreme Court? Changing the Court’s Constitutional
Perspective,” Update on Law-Related Education (Spring 1984).
“Is Big Business Big Brother?” Student Lawyer (Dec. 1983)[also served as guest editor
for this special issue on George Orwell’s 1984] .
“The ‘Betamax’ Case: What Constitutes Fair Use?” Preview of U.S. Supreme Court
Cases (Sept. 30, 1983).
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TELEVISIONMDEOTAPE
Numerous television and radio appearances, including ABC World News Tonight, CBS
Evening News, NBC Nightly News, Nightline, Crossfire, Larry King Live, TODAY, Fox
Morning News, Court TV’s Washington Watch, and Legal Notebook.
Scriptwriter, “Criminal Justice in Crisis,” ABA Section on Criminal Justice (1991).
Executive producer, co-author, and director, “A Journalist’s Guide to Federal Criminal
Procedure, 11 ABA/Society of Professional Journalists (1989).
Project Director and senior script consultant, “We the People, 11 Public Broadcasting
Service (1987). Winner of Alexander Hamilton/Ohio State Journalism Award (1988); First
Place, National Headliner Awards (1988); Best Documentary (Western Region), Associated
Press (1988); 1988 CINE Golden Eagle Award; Silver Medal, 1988 International Film &
Television Festival of New York; 1988 White House Citation for Public-Private Partnerships.
PROFESSIONAL AFFILIATIONS AND ACTIVITIES
American Arts A11iance, First Amendment Counsel (pro bono)(1992-95).
American Bar Assn. (1979- ): Individual Rights and Responsibilities Section: CoChair,
First Amendment Committee (1999- )Co-Chair, Equal Access to Justice Committee
(1998-99); Vice Chair (1997-98); Litigation Section: Program Chair, Consumer and Personal
Rights Litigation Committee (1997-99); Torts and Insurance Practice Section: Chair, Appellate
Advocacy Committee (2001-02); Vice Chair and Associate Newsletter Editor, (1998-01);
member, Task Force on Plaintiffs’ Involvement (1998- ); member, Emerging Issues Comm.
(1999- ); Urban, State & Local Government Law Section: Chair, Public Election Law Comm.
(1983-86, 1987-90); Vice Chair (1981-83); Task Force on Federalism (1985-87).
97).
Americans for Religious Liberty: Bd. of Dirs. (1996-2001).
Americans United for Separation of Church and State: Nat’] Advisory Council (1992-
Citizens Information Service of Illinois: Bd. of Dirs. (1985-87).
Civil Justice Digest: Editorial Bd. (1995- ).
Citizens for Independent Courts: Working Group member (1998-00).
Commission on the Bicentennial of the U.S. Constitution: Consultant (1989-91).
Constitution magazine: Editorial Advisory Bd. (1988-95).
District of’Columbia Bar Assn. (1989- ).
Don Edwards 1996 Bill of Rights Award: National Board of Judges (1996).
Emergency Committee to Protect the First Amendment: Legal and legislative adviser
(1995-99).
Freedom to Read Foundation: Special Counsel (1997- ) ; Bd. of Trustees (1985-91, 93-
97); President (1988-90); Vice President (1995-97); Exec. Comm. (1986-90, 95-97).
First Amendment Working Group: Legal adviser (1995-99).
Lawyers for Libraries: National Chair (1996- ).
Media lnstirute: First Amendment Advisory Council (1996- ).
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National Center for Science Education: Chair, Legal Advisory Committee (1995-99).
National Comm. for Pub. Educ. and Religious Liberty: Bd. of Dirs. (1995-97).
National Constitution Center: Bd. of Dirs. (1990-93); Exec. Comm. (1991-93).
National Governors Assn.: Constitutional law advisor (1987-88).
U.S. Court of Appeals for the District of Columbia Circuit: Oral History Committee,
1992-00; COilJpleted oral history of Joseph Rauh.
U.S. Information Agency: Constitutional Consultant (1985-91, 1993-94); Editor,
“Freedom Papers” (1993-94); American Participant: India (1991); Yugoslavia, West Germany,
and Spain (1987).
Who’s Who: in American Law (1985- ); among Emerging Leaders (1987- ); in the
East (1989- ); in America (1995-. ); in the World (1996- ).
Woodrow Wilson National Fellowship Foundation: Visiting Fellow, various
universities (1993- ): Ripon College (Feb. 2002); Wabash College (Oct. 2000); Ohio Wesleyan
University (Sept. 2000); Pacific University (Oct. 1998); St. Thomas University (Mar. 1998);
Warren Wilson College (Apr. 1996); Wittenberg Univ. (Jan. 1995); Furman Univ. (Oct.
1994); Grinnell College (Feb. 1993).