Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Attorney, Institute for Justice
Jeffrey Redfern joined the Institute for Justice in 2016, and he litigates constitutional cases protecting property rights and free speech.
Before joining IJ, Jeffrey was a member of the appellate group at Mayer Brown LLP, where he authored briefs on various constitutional issues in the U.S. Supreme Court and in lower federal and state courts. He has argued cases before the First and Seventh Circuits. Jeffrey clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit.
Jeffrey earned his J.D., cum laude, from Harvard Law School in 2012. Between his first and second years of law school, he clerked at IJ’s Minnesota office. That experience inspired him to file his own pro se constitutional lawsuit against the government while still in school. (After over two years of litigation, the government finally provided the relief he requested.)
Before law school, Jeffrey taught English at a prep school in Southern California. He earned his MA in humanities from the University of Chicago in 2006 and his BA in English, magna cum laude, from Carleton College in 2005. Jeffrey enjoys competitive distance running, and he has a marathon personal best of 2 hours and 30 minutes.
Professor of Clinical Law, Brooklyn Law School
Jodi S. Balsam is Professor of Clinical Law at Brooklyn Law School and a nationally recognized expert on Sports Law. She directs the BLS Sports Law Clinic and Sports Law Externship Program. She teaches Sports Law at both BLS and NYU School of Law, and has also taught the subject at New York Law School, University of New Hampshire School of Law, Bucerius Law School in Hamburg, Germany, Mathias Corvinus Collegium in Budapest, Hungary, and the MESGO Executive Masters Program in Global Sport Governance. Professor Balsam has served as an arbitrator for the National Collegiate Athletic Association on complex infractions cases, and now serves as a neutral for FAIR Sports, which hears cases involving college athletics.
Professor Balsam frequently writes and speaks on sports law topics, including as co-author of Weiler’s Sports and the Law, a leading casebook in the field. Her publications and presentations have addressed antitrust challenges to sports leagues and organizing bodies, sports trademarks, athletes’ rights of free expression and name/image/likeness exploitation, sports gambling and integrity, sports league governance, and the role of the sports agent. She frequently appears in the media on legal issues in sports, including NBC Sports/The Golf Channel, ESPN, Law360 Sports and Betting, The Athletic, Front Office Sports, USA Today, and the Wall Street Journal. She is on the editorial boards of Law360-Sports & Betting, the Journal of Legal Aspects of Sport, and the international sports law newsletter LawInSport.
Before joining academia, Professor Balsam was the National Football League's Counsel for Operations and Litigation, where she managed litigation in all areas of law, oversaw a variety of policy and operational matters, negotiated and drafted contracts for League special events including the Super Bowl, and administered the League's internal dispute resolution processes and compliance program. Prior to the NFL she was a litigator with the New York office of Simpson Thacher & Bartlett, where she represented sports and entertainment clients in antitrust matters and complex commercial litigation. She served as a law clerk for Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit and for Judge Charles Brieant of the U.S. District Court for the Southern District of New York. A graduate of Yale College, Professor Balsam received her law degree from NYU School of Law.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Judge, United States Court of Appeals, Third Circuit
Judge Paul Matey was appointed to the United States Court of Appeals for the Third Circuit in 2019 by President Trump.
Before his judicial service, Judge Matey was a partner at Lowenstein Sandler in New Jersey where he practiced complex commercial litigation and criminal defense. Earlier, Judge Matey was the Senior Vice President, General Counsel and Secretary for University Hospital Newark, an academic medical center and teaching hospital.
He also served as the Deputy Chief Counsel to Governor Chris Christie, and as an Assistant United States Attorney in the District of New Jersey, where he was awarded the Justice Department’s Director’s Award for Superior Performance. He also practiced at the Washington D.C. firm of Kellogg, Hansen, Todd, Figel & Frederick, and served as a law clerk to judges on the United States Court of Appeals for the Third Circuit and the United States District Court for the District of New Jersey.
He earned his bachelor’s degree from the University of Scranton, a Jesuit University, in 1993, and his juris doctorate, summa cum laude, from Seton Hall University School of Law in 2001, where he served as Editor-in-Chief of the Seton Hall Law Review.
In 2019, Judge Matey was elected to membership in the American Law Institute and, since 2020, has lectured on administrative law and the American legal history at Seton Hall.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Rachel Barkow is the Segal Family Professor of Regulatory Law and Policy and the Faculty Director of the Center on the Administration of Criminal Law at NYU. In June of 2013, the Senate confirmed her as a Member of the United States Sentencing Commission. Since 2010, she has also been a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel.
Professor Barkow teaches courses in criminal law, administrative law, and constitutional law. In 2013, she was the recipient of the NYU Distinguished Teaching Award. The Law School awarded her its Podell Distinguished Teaching Award in 2007.
Her scholarship focuses on criminal law, and she is especially interested in applying the lessons and theory of administrative and constitutional law to the administration of criminal justice. She has written more than 20 articles that span a range of topics. She has written several articles on sentencing, including the relationship between modern sentencing laws and the constitutional role of the criminal jury; federalism and the politics of sentencing; the role of cost-benefit and risk tradeoff analysis in sentencing policy; what institutional model works for designing agencies that regulate criminal punishment; the political factors that lead to guideline and commission formation; and the flawed bifurcation between capital and noncapital constitutional sentencing jurisprudence. Professor Barkow has also explored in numerous articles the role of prosecutors in the criminal justice system. For example, she has analyzed how the lessons of institutional design from administrative law could improve the way prosecutors' offices are structured; she has looked to organizational guidelines and compliance programs as a model for prosecutorial oversight; and she has considered the increasing role of prosecutors as regulators through the conditions they place on corporations. Professor Barkow has also explored larger structural questions of how criminal justice is administered in the United States. In a series of major articles, she has explored the relationship between separation of powers and the criminal law and the relationship between federalism and the criminal law. Professor Barkow has also considered the role of mercy and clemency in criminal justice, paying particular attention to the relationship between administrative law's dominance and the increasing reluctance of scholars and experts to accept pockets of unreviewable discretion in criminal law.
Barkow has been invited to present her work in various settings. In the summer of 2009, Barkow testified before the House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection regarding the institutional design of the proposed Consumer Financial Protection Agency. Barkow testified before the United States Sentencing Commission at a 2009 regional hearing on the 25th Anniversary of the Sentencing Reform Act. In the summer of 2004, Barkow testified before the Senate Judiciary Committee at a hearing on the future of the Federal Sentencing Guidelines. She has also presented her work on sentencing to the National Association of Sentencing Commissions Conference, the Federal Judicial Center's National Sentencing Policy Institute, and the Judicial Conference of the Courts of Appeals for the First and Seventh Circuits. In addition, Barkow has presented papers at numerous law schools.
After graduating from Northwestern University (B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annually to two students with the top overall grade averages in the first-year class. Barkow served as a law clerk to Judge Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin Scalia on the U.S. Supreme Court. Barkow was an associate at Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, in Washington, D.C., from 1998-2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. She took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
U.S. Attorney for the District of Columbia, U.S. Department of Justice
Jessie K. Liu was confirmed by the U.S. Senate on September 14, 2017, as the United States Attorney for the District of Columbia, and took office on September 24, 2017.
Ms. Liu was an Assistant United States Attorney in the District of Columbia from 2002 to 2006, prosecuting violent crime, drug trafficking, firearms, and fraud offenses in both the Superior Court and Criminal Divisions, and briefing and arguing appeals in the D.C. Court of Appeals and the U.S. District Court for the D.C. Circuit. She subsequently served in several senior positions in the U.S. Department of Justice, including as Deputy Assistant Attorney General in the Civil Rights Division, Counsel to the Deputy Attorney General for national security matters, and Deputy Chief of Staff for the National Security Division. Most recently, she was Deputy General Counsel at the U.S. Department of the Treasury, advising the Secretary of the Treasury and other senior Treasury officials on national security, law enforcement, and intelligence issues.
In addition, Ms. Liu has been a partner at the law firms of Morrison & Foerster LLP and Jenner & Block LLP, where her practice focused on litigation, investigations, and compliance.
Ms. Liu clerked for then-Chief Judge Carolyn Dineen King of the U.S. Court of Appeals for the Fifth Circuit in Houston, Texas. She received her A.B., summa cum laude, from Harvard University in 1995 and her J.D. from Yale Law School in 1998.
Associate Deputy Attorney General, United States Department of Justice
Steve Cook currently serves as Associate Deputy Attorney General in the United States Department of Justice. In March of 2017, he was appointed to serve as the Deputy Attorney General’s point person on the Task Force for Crime Reduction and Public Safety—a task force created at the direction of the President to develop a nationwide strategy to reduce crime. He now serves as the Director of Law Enforcement Affairs for the U.S. Department of Justice. Prior to his current appointment, he served as the chief of the Criminal Division in the United States Attorney’s Office for the Eastern District of Tennessee where he had been an Assistant United States Attorney for 30 years. During those 30 years, he worked in the Organized Crime Drug Enforcement Task Force; the General Crimes Section handling white-collar crime, fraud, and public corruption; and was the deputy criminal chief in the Narcotics and Violent Crime Section. In those positions, he received dozens of awards and letters of commendation including the Directors Award for Superior Performance in connection with his work prosecuting violent gang members. He is also the immediate past president of the National Association of Assistant U.S. Attorneys.
Prior to coming to the United States Attorney’s Office, Mr. Cook clerked for a judge of the United States Court of Appeals for the Sixth Circuit and before that worked as a deputy sheriff and then as a police officer for seven years in Knoxville, Tennessee. Mr. Cook earned his Doctor of Jurisprudence from the University of Tennessee in 1984, with high honors, and was a member of the Tennessee Law Review.
Mr. Cook was chosen as one of The Politico’s 50 in 2017 for his work on national criminal justice issues. He has testified multiple times before Congress in connection with proposed criminal justice legislation including bills involving the Electronic Communications Privacy Act and sentencing reform. He has appeared as a guest on numerous radio and television programs with regional and national audiences (including the O’Reilly Factor and Sean Hannity Show) and has appeared as a frequent panelist on forums and discussion panels (including programs hosted by the Washington Post, Atlantic Magazine, and Hastings Law Journal).
Finally, Mr. Cook has served as a speaker or instructor at hundreds of events across the country ranging from events with international audiences to local police training.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to 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. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm 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 founding 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 in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Assistant Professor of Law, Campbell University School of Law
Zachary C. Bolitho joined the Campbell Law School faculty after developing a reputation as a skilled trial and appellate lawyer. He teaches courses in Criminal Procedure, Criminal Law, Evidence, Federal Courts, and Trial Advocacy. Bolitho is an accomplished teacher, having been named “Professor of the Year” in both 2014-15 and 2015-16 following a vote of the third-year class.
He took a leave of absence during the 2017-18 academic year to work on the staff of Deputy Attorney General Rod Rosenstein at the U.S. Department of Justice in Washington, D.C. Bolitho was ultimately promoted to Chief of Staff and Associate Deputy Attorney General, serving as one of the Deputy Attorney General’s principal legal and policy advisors. Additionally, the Attorney General appointed Bolitho to serve as the Department of Justice’s ex officio member of the U.S. Sentencing Commission.
Prior to Campbell Law, Bolitho served as a federal prosecutor with the U.S. Attorney’s Office for the Eastern District of Tennessee. During his time as a federal prosecutor, Bolitho handled a wide variety of cases including several high profile matters. In addition to prosecuting cases in U.S. District Court, he briefed and argued cases before the U.S. Court of Appeals for the Sixth Circuit.
Before becoming a federal prosecutor, Bolitho was a litigation associate with the law firm Jones Day. He also completed a judicial clerkship with Judge David W. McKeague of the U.S. Court of Appeals for the Sixth Circuit.
Bolitho received his J.D. from The Ohio State University, Moritz College of Law. He graduated summa cum laude, was elected to the Order of the Coif, served as a law review editor, and won a national moot court championship. Before attending law school, Bolitho graduated from Mount Union College where he was the top student in his graduating class.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Attorney, Geragos & Geragos
As the Principal with the internationally known trial lawyer firm of Geragos & Geragos, Mark Geragos cemented his national reputation as a trial lawyer a dozen years ago with back-to-back State and Federal Court jury trial acquittals for renowned Whitewater figure Susan McDougal, later securing a presidential pardon for Ms. McDougal for a conviction sustained prior to his representation of her.
During the last decade, Geragos has won two consecutive dismissals of murder charges against clients by proving flawed eyewitness identification. One of those clients later won a $1.7 million settlement when the Geragos firm sued the City of Glendale for their false arrest of that client. In another twelve-week murder trial where the victim was the defendant's four-year-old daughter, Geragos was the lead lawyer where the jury did not convict his client. He was the attorney who successfully represented Chris Brown last year.
Geragos won dismissal of prostitution charges against James Bond movie director Lee Tamahori; dismissal of all felony charges - including kidnapping and torture - for Hung Bao Zhong, the recognized exiled leader of China's shadow government with an estimated 38 million followers worldwide; dismissal of murder charges for the third time for a USC co-ed charged with murder in the death of her fetus; and dismissal of a decades-old murder charge against Japanese national Kazuyoshi Miura, a case christened the "Japanese O.J. Case" by Japanese media.
Geragos was one of the lead lawyers in a pair of groundbreaking Federal Class Action Lawsuits against New York Life Insurance and AXA Corporation for insurance policies issued in the early 20th century during the genocide of over 1.5 million Armenians by the Ottoman Turk Regime, eventually settling these two cases for more than $37.5 million. He is currently suing the Government of Turkey for reparations arising out of the Armenian Genocide.
Geragos is the only lawyer besides Johnnie Cochran ever named "Lawyer of the Year" in both Criminal and Civil arenas. California Law Business Magazine named Geragos "One of the 100 Most Influential Attorneys in California" three years in a row, and Geragos has repeatedly been voted by his peers as one of Los Angeles' SuperLawyers. His $59 million jury verdict in a trade secrets case against pharmaceutical giant Pfizer Corporation was voted both "Top Ten Verdicts in 2008 in California" by the Daily Journal, as well as "Top Fifty Verdicts in the United States" by the National Law Journal.
Mark Geragos has represented some of the most prominent figures in the world. His client list has included former Congressman Gary Condit, former first brother Roger Clinton, Academy Award-nominated actress Winona Ryder, pop star Michael Jackson, Nicole Ritchie, singer Chris Brown, hip hop stars Nathaniel "Nate Dogg" Hale and Sean "Diddy" Combs (aka Puff Daddy), international arms dealer Sarkis Soghanalian, and the Sarkisyan family, whose seventeen-year-old daughter died when Cigna Corporation refused to authorize a liver transplant. For the last several years, Geragos has represented Barry Bonds' personal trainer, Greg Anderson, in his matter relating to the Federal Investigation into steroid use in Professional Sports.
Geragos has regularly appeared as both guest and legal commentator on the "Today Show," "Good Morning America," "Dateline NBC," "Larry King Live," "Greta Van Susteren's On the Record," "60 minutes," and "48 hours," and has lectured extensively and authored numerous articles and Law Review publications on the subject of Media and the Law.
Mark Geragos attended Haverford College in Pennsylvania as an undergraduate, and later earned his Juris Doctorate from Loyola Law School. He was born in Los Angeles.
Professor of Law, Elisabeth Haub School of Law at Pace University
Professor Ben Gershman is one of the original faculty members at Pace Law and has taught as a visiting professor at Cornell Law School and Syracuse Law School. While in private practice he specialized in criminal defense litigation. A former prosecutor with the Manhattan District Attorney’s office for six years, he is the author of numerous articles as well as two books on prosecutorial and judicial ethics. He served for four years with the Special State Prosecutor investigating corruption in the judicial system. He is one of the nation’s leading experts on prosecutorial misconduct. He is active on several Bar Association committees, and is a frequent pro bono litigator. Professor Gershman has taught in the London Law Program, and was named James D. Hopkins Professor for the 2007–2009 academic years.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Shareholder, Brownstein, Hyatt, Farber, Shreck
With more than 20 years of experience both as a first-chair litigator and in public service, Greg Brower’s practice focuses on civil and criminal litigation, as well as regulatory and enforcement actions, corporate investigations, cybersecurity matters and federal and state government relations.
Most recently, Greg served as the assistant director for the Office of Congressional Affairs at the Federal Bureau of Investigation (FBI), serving as the FBI’s chief liaison to Congress on a wide range of critical oversight and investigative matters. He previously served as the FBI’s Deputy General Counsel, managing a diverse portfolio of legal matters, including litigation, privacy, procurement, compliance and ethics. During his time as a senior FBI executive, spanning two administrations, he worked closely with high-ranking officials in the U.S. Department of Justice (DOJ), the U.S. intelligence community and with key leaders on Capitol Hill. Greg is a regular commentator and contributor on national security, legal and cybersecurity issues, regularly appearing on CNN and MSNBC, and he is the featured contributor on white collar crime and corporate compliance for the Washington Legal Foundation’s Legal Pulse blog.
Greg has a long history of public service. At the federal level, he previously served as the U.S. Attorney for the District of Nevada, and as both General Counsel and Inspector General at the U.S. Government Publishing Office. Greg also served at DOJ as Legislative Counsel in the Executive Office for U.S. Attorneys. At the state level, he has served in a variety of public policy roles, including five terms in the Nevada Legislature, where he was chairman of the Senate Judiciary Committee. He has also served on the Nevada Gaming Policy Committee, the Nevada Advisory Commission on the Administration of Justice, the Nevada Sentencing Commission and the Nevada Juvenile Justice Commission.
Throughout his career, Greg has served the Nevada legal community as an adjunct professor of law at the William S. Boyd School of Law at the University of Nevada, Las Vegas, where he has taught courses in national security law and trial advocacy. Before attending law school, Greg served in the U.S. Navy as a Surface Warfare Officer.
Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of Law
Carissa Byrne Hessick joined the Carolina Law faculty in 2016. She serves as the Anne Shea Ransdell and William Garland “Buck” Ransdell, Jr. Distinguished Professor of Law and as the director of the Prosecutors and Politics Project. Her teaching and research interests include criminal law, the structure of the criminal justice system, criminal sentencing, and child pornography crimes. Hessick is the author of multiple law review articles, essays, and op eds on plea bargaining, the powers and selection of prosecutors, Sixth Amendment sentencing rights, and criminal statutes. Her work has appeared in the California Law Review, the Cornell Law Review, the L.A. Times, the UCLA Law Review, and the Virginia Law Review, among others. She founded the Prosecutors and Politics Project in 2018. And she currently serves as the Reporter for the ABA Criminal Justice Section’s Sentencing Standards Task Force.
Hessick attended Yale Law School, where she was an editor of the Yale Law Journal and winner of the Potter Stewart Prize for the Morris Tyler Moot Court of Appeals. After graduating from law school, she clerked for Judge Barbara S. Jones on the Southern District of New York and for Judge A. Raymond Randolph on the D.C. Circuit. She also worked as a litigation associate at Wachtell, Lipton, Rosen & Katz in New York City. Before joining the faculty at Carolina Law, Hessick taught on the faculties at Arizona State University’s Sandra Day O’Connor College of Law and the University of Utah’s S.J. Quinney College of Law. She also spent two years as a Climenko Fellow at Harvard Law School.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Is There a "Police Power" Exception to the Fifth Amendment's Just Compensation Clause?
Clark Neily, Jeffrey H. Redfern
Police in Greenwood Village, CO, chased a shoplifting suspect into a home belonging to Leo...
Ex-Prosecutors And The Federal Judiciary
Jodi S. Balsam, Clark Neily, Jesse Panuccio
Professional Responsibilities & Legal Education Practice Group Teleforum
Amongst the many studies of the makeup of the Federal Judiciary, one particularly noticeable characteristic is the...
Judicial Engagement and Rational Basis Review
Theodore "Ted" Frank, Paul B. Matey, Clark Neily
Is rational basis review the appropriate approach consistent with constitutional text, history, and good public...
Should Jurors Be Instructed About Jury Nullification? [POLICYbrief]
Clark Neily, Orin S. Kerr
Short video featuring Clark Neily and Orin Kerr
When a member of a jury believes a defendant is guilty and chooses to acquit...
Can Judges Change the Verdict of a Runaway Jury? [POLICYbrief]
Clark Neily
Short video featuring Clark Neily
Perhaps you've heard of the term “runaway jury,” but what does it mean? Clark Neily,...
Book Review: Prisoners of Politics: Breaking the Cycle of Mass Incarceration
Rachel Barkow, Clark Neily
Criminal Law & Procedure Practice Group
In her new book, Prisoners of Politics: Breaking the Cycle of Mass Incarceration, Professor Rachel Elise...
Gamble v. United States - Post-Decision SCOTUScast
Clark Neily
SCOTUScast featuring Clark Neily
On June 17, 2019, the Supreme Court decided Gamble v. United States, a case challenging...
Courthouse Steps Decision Teleforum: Gamble v. United States
Clark Neily
Criminal Law & Procedure Practice Group Teleforum
In Gamble v. United States, Terance Gamble received two sentences and two convictions for the...
To Seek Justice: Defining the Power of the Prosecutor
Jessie K. Liu, Steven H. Cook, John G. Malcolm, Zachary Bolitho, Clark Neily, Mark Geragos, Bennett L. Gershman
Documentary short by FedSoc Films
The job of a prosecutor is not just to seek convictions but to seek justice....
The Pros and Cons of Plea Bargaining
Stephanos Bibas, Lisa Branch, Greg Brower, Carissa Byrne Hessick, Clark Neily
2018 National Lawyers Convention
The Black’s Law Dictionary defines Plea Bargaining as: “[t]he process whereby the accused and the...