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Elected Member

Professor
Eric
R.
Claeys

Location
Arlington, VA, USA
Affiliation
George Mason University Antonin Scalia Law School
Education
Princeton University
University of Southern California, Gould School of Law

Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. Spring 2017, he served as Visiting Fellow at Princeton University, in the James Madison Program in American Ideals and Institutions, Department of Politics.  Spring 2018, Professor Claeys is visiting at Harvard Law School.

Professor Claeys has written widely in the fields of property, private law, and constitutional law. Professor Claeys has published book chapters on Lockean labor theory and on tort theory in different books in the Oxford University Press Philosophical Foundations of Law series. He contributed to a recent Harvard Law Review symposium on “The New Private Law,” and he currently serves as an adviser to the American Law Institute’s Restatement (Fourth) of the Law of Property. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing.

Professor Claeys graduated from Princeton University and the University of Southern California Gould School of Law. After law school, he clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States. He practiced litigation in Washington, D.C. for three years, served as a writing fellow at the University of Chicago School of Law, and taught at the Saint Louis University School of Law. He has been a member of Scalia Law School's faculty since 2007.

Professor Claeys’s main teaching interests include Property, Jurisprudence, Torts, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, and seminars on Lockean property theory and on oil and gas law.

Member News

Traynor on Liberty, Law, and Democracy

In his essay "Liberty, Law, and Democracy: Are There Grounds for Realistic Optimism?" Michael Traynor, former President of The American Law Institute, reflects on the challenges facing American democracy amid political polarization and institutional strain. He examines threats to the balance between liberty and law, citing dysfunction across the executive, legislative, and judicial branches, while drawing on historical context and recent scholarship to frame these concerns.

Despite his sober assessment, Traynor maintains a guarded optimism rooted in America’s resilience, civic traditions, and individual potential to effect change. He highlights positive actions within the legal community, nonprofit organizations, and among engaged citizens, while outlining five practical steps Americans can take to strengthen democracy: improving civic education, demanding accountability, fostering open debate, participating in elections and local governance, and resisting simplistic solutions.

Traynor concludes that democracy is “stubborn work,” incremental, imperfect, and ongoing, but expresses confidence that Americans have the resolve to preserve it.

Read the full article The New Nationalist

Michael Traynor is senior counsel at Cobalt LLP in Berkeley California. He served as ALI President from 2000 to 2008, and as Chair of the Council from 2008 to 2011. He is also a recipient of ALI's Distinguished Service Award. Mr. Traynor is a Fellow of the American Academy of Arts & Sciences, the American Academy of Appellate Lawyers, the California Academy of Appellate Lawyers, and the American Association for the Advancement of Science.   He received the John P. Frank Outstanding Lawyer Award from the U.S. Court of Appeals for the Ninth Circuit. He is an honorary life trustee of the Lawyers Committee for Civil Rights Under Law and of Earthjustice and a past President (1973) of the Bar Association of San Francisco.