Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
Founder & CEO of The Hargan Group
Eric D. Hargan is the Founder and CEO of The Hargan Group, a healthcare consulting firm. Eric previously served as the Deputy Secretary of the Department of Health and Human Services (HHS) from 2017 to 2021; he also served as Acting Secretary for several months in 2017-2018. HHS is the largest department in the federal government and has an annual budget of more than $1.3 trillion and over 80,000 employees across 26 divisions. As Deputy Secretary, he oversaw the development and approval of all HHS, CMS and FDA regulations and significant guidances, as well as the day-to-day operations and management of the department, and he led policy and strategy development. From 2003 to 2007, Mr. Hargan also served at HHS in a variety of capacities, including holding the position of Acting Deputy Secretary.
Nonresident Fellow, American Enterprise Institute
Ajit Pai, a former chairman of the Federal Communications Commission (FCC), is a nonresident fellow at the American Enterprise Institute, where he focuses on issues pertaining to technology and innovation, telecommunications regulatory policy, and market-based incentives for investment in broadband deployment. Concurrently, he is a partner at Searchlight Capital Partners, a global investment firm.
Mr. Pai’s distinguished career at the FCC includes two leadership roles following presidential appointments. He was appointed commissioner by President Barack Obama in 2012, designated chairman by President Donald Trump in 2017, and twice confirmed by the US Senate. While at the helm of the FCC, Mr. Pai had a transformative impact on the future of US technology and communications policy, implementing major initiatives to help close the digital divide; advance US leadership in 5G and other wireless technologies; promote innovation; protect consumers, public safety, and national security; and make the agency itself more open, transparent, and data-driven.
Earlier in his career, Mr. Pai served in various public-sector positions in the FCC’s Office of General Counsel, the US Department of Justice, the US Senate Judiciary Committee, and the US District Court for the Eastern District of Louisiana. He also worked as a partner at Jenner & Block and associate general counsel at Verizon Communications.
Mr. Pai graduated with honors from Harvard University, where he received a bachelor’s degree, and from the University of Chicago Law School, where he received a law degree and was an editor on the University of Chicago Law Review.
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology at the University of Oxford; Presidential Scholar and a Senior Fellow in Law and Public Policy at The King’s College; and Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law.
He is a constitutional attorney and Host of the Four Boxes Diner YouTube channel—which provides scholarly and historical analyses of the Second Amendment. Mark is also a New York Times bestselling author.
Partner, Foley & Lardner LLP
Ed Burbach is a Partner at Foley & Lardner LLP.
As a focused litigation lawyer, Ed Burbach represents corporations, individuals and governmental entities in matters involving local, state and federal governments – with emphasis on the state of Texas. He has special experience as a Medicaid fraud attorney, with deceptive trade practices, FTC, FOIA litigation /Public Information Act litigation and attorney general opinions. Ed also has nearly 30 years of experience litigating significant government, energy, maritime, insurance, financial services, pharmaceutical, health care provider, retailer, corporate, multistate and class action claims.
Appointed by now-Texas Governor Greg Abbott as his original Deputy Attorney General for Litigation, Ed served as Texas’ lead litigator and directly supervised all of Attorney General Abbott’s 11 civil litigation divisions, including 250 attorneys, over 600 employees and a $35 million budget. Ed also served as Texas’ main litigation liaison with the National Association of Attorneys General during Attorney General Abbott’s first and second terms. Ed maintained a heavy litigation docket representing the state and its leadership in high-profile litigation, such as Medicaid fraud, energy, financial services, environmental, Public Information Act, the historic Texas Tobacco Settlement, school finance, congressional redistricting and election law challenges brought by major political candidates. Upon announcing Ed’s return to private practice Governor Abbott advised:
“For more than three years, Ed Burbach has been a trusted advisor whose expert legal skills and careful management have yielded real results for the State of Texas,” said Attorney General Abbott.
“Under Ed’s leadership, our Consumer Protection Division obtained tens of millions of dollars in restitution for Texas consumers, and our Civil Medicaid Fraud Division uncovered more than a hundred million dollars in fraudulent Medicaid overpayments. Ed also guided the State through its most difficult legal disputes, including lawsuits challenging the Texas tobacco settlement and the state’s school funding plan. We all appreciate Ed’s distinguished service to this agency and wish him well on his return to the private sector.”
Ed’s clients often face costly, multiyear, high-stakes claims. For example, in State of Texas v. Petroleum Wholesale, et al., Ed defended claims brought by the state of Texas alleging $200 million in civil penalties for allegedly misrepresenting the amount of fuel delivered at retail gasoline and diesel pumps in Texas. He also served as lead counsel in the defense of the state Multidistrict Litigation Panel proceeding and as lead counsel in defense of various state purported class action litigation.
Ed serves as the Austin Office Chair for Corporate, and he remains active with the attorney’s general offices throughout the United States.
Co-CEO, Neora
Deborah Heisz is the Co-CEO of Neora, a Texas-based global relationship marketing company offering proprietary age-fighting skincare and wellness products.
With more than 20 years of leadership experience in a variety of roles within the multibillion dollar direct selling industry, Deborah Heisz has successfully built and led strong teams to achieve strategic goals.
Deborah has successfully chaired Neora’s global steering committee and directed the leadership team to position the company for new growth domestically and internationally. Deborah is driven to ensure that Neora continues to move forward as a unique model of positivity, diversity, innovation and integrity in the worldwide direct selling industry.
In addition to her position as Neora’s Co-CEO, Deborah maintains her role as Chief Executive Officer of Live Happy, LLC. Deborah is the co-founder and editorial director of the positive lifestyle magazine Live Happy and the happiness movement. A graduate of Texas Tech University with a bachelor’s degree in English, Deborah also holds an MBA from The University of Dallas.
Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Vice Dean and Professor of Law, Villanova University School of Law
Professor Michael Risch joined the Villanova faculty in 2010 from the West Virginia University College of Law, where he directed the Entrepreneurship, Innovation and Law Program. Prior to joining the West Virginia faculty, he served as an Olin Fellow in Law at Stanford Law School. Professor Risch’s teaching and scholarship focus on intellectual property and internet law, with an emphasis on patents, trade secrets and information access. His articles have been published in the Stanford Law Review and Duke Law Journal, among others; online in the Yale Law Journal Online and PENNumbra; and less formally at the Madisonian, Prawfsblawg, and Patently-O blogs. Two of his articles have been cited by the United States Supreme Court. Professor Risch received his A.B. with honors and distinction in Public Policy and with distinction in Quantitative Economics from Stanford University, and his J.D. with high honors from the University of Chicago Law School. Prior to entering academia, he was a partner at intellectual property boutique Russo & Hale LLP in Palo Alto, California.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Frederick M. Baron Chair in Law and Co-Director, Center on Lawyers, Civil Justice and the Media, The University of Texas at Austin School of Law
Professor Baker's wide-ranging scholarly and teaching interests include Professional Responsibility (especially issues involving "aggregate" litigation and group settlements), attorneys' fees, mass tort litigation, "Mega-settlements," and State and Local Government Law. She is often called upon by lawyers to serve as a consultant and/or expert witness on issues of legal ethics, mass tort settlements, settlement fund allocations, and attorneys' fees. Professor Baker has also been a court-appointed allocation Special Master in mass tort settlements. She is an elected member of the American Law Institute.
Professor Baker is the author or co-author of dozens of articles and book chapters, which have appeared in the Columbia Law Review, Cornell Law Review, Duke Law Journal, Texas Law Review, and the Virginia Law Review, among many others. Her most recent publications include "Mass Torts and the Pursuit of Ethical Finality" (Fordham Law Review, 2017, symposium contribution); "Aggregate Settlements and Attorney Liability" (Hofstra Law Review, 2016, symposium contribution); and "Is the Price Right? An Empirical Study of Fee-Setting in Securities Class Actions" (Columbia Law Review, 2015) (with Michael A. Perino and Charles Silver) (selected by Corporate Practice Commentator as one of the "Top Ten Corporate and Securities Articles of 2016"). Professor Baker is also the co-author of a leading law school text, Local Government Law: Cases and Materials (Foundation Press, 5th ed. 2015) (with Clayton P. Gillette and David Schleicher).
A graduate of Yale Law School, Yale College, and Oxford University (Marshall Scholar), she was a Law Clerk to the Hon. Amalya L. Kearse, U.S. Court of Appeals for the Second Circuit (1985-86 Term). A two-time world champion in tournament bridge, Professor Baker won gold medals at the 2018 World Bridge Championships (McConnell Cup) in Orlando, Florida and at the 2014 World Championships (McConnell Cup) in Sanya, China. She won a silver medal at the 2009 World Bridge Championships (Venice Cup) in Sao Paulo, Brazil. She is also a sixteen-time North American champion and won a gold medal at the 2015 European Open Championships.
W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair and Professor of Government, University of Texas at Austin School of Law
Sanford Levinson, who holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, joined the University of Texas Law School in 1980. Previously a member of the Department of Politics at Princeton University, he is also a Professor in the Department of Government at the University of Texas. Levinson is the author of approximately 400 articles, book reviews, or commentaries in professional and popular journals--and a regular contributor to the popular blog Balkinization. He has also written six books: Constitutional Faith (1988, winner of the Scribes Award, 2d edition 2011); Written in Stone: Public Monuments in Changing Societies (1998); Wrestling With Diversity (2003); Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)(2006); Framed: America's 51 Constitutions and the Crisis of Governance (2012); An Argument Open to All: Reading the Federalist in the 21st Century (2015); and, with Cynthia Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and teh Flaws that Affect Us Today (forthcoming, September 2017). Edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (6th ed. 2015, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Nullification and Secession in Modern Constitutional Thought (2016); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); Torture: A Collection (2004, revised paperback edition, 2006); and The Oxford Handbook on the United States Constitution (with Mark Tushnet and Mark Graber, 2015). He received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2010.
He has been a visiting faculty member of the Boston University, Georgetown, Harvard, New York University, and Yale law schools in the United States and has taught abroad in programs of law in London; Paris; Jerusalem; Auckland, New Zealand; and Melbourne, Australia. He was a Fellow at the Institute for Advanced Study in Princeton in 1985-86 and a Member of the Ethics in the Professions Program at Harvard in 1991-92. He is also affiliated with the Shalom Hartman Institute of Jewish Philosophy in Jerusalem. A member of the American Law Institute, Levinson was elected to the American Academy of Arts and Sciences in 2001. He is married to Cynthia Y. Levinson, a writer of children's literature, and has two daughters and four grandchildren.
Of Counsel, Gibson Dunn & Crutcher
Amanda H. Neely is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher and is a member of the Public Policy, Congressional Investigations, White Collar, and National Security practice groups.
Ms. Neely has extensive experience working on Capitol Hill. She leverages that expertise to advise clients regarding their interactions with Congress and the executive branch. Over the course of ten years, Ms. Neely held several senior staff positions in Congress. She served as Director of Governmental Affairs for the Senate Homeland Security and Governmental Affairs and General Counsel to Senator Rob Portman. Under Senator Portman’s chairmanship, she also served as Deputy Chief Counsel for the Permanent Subcommittee on Investigations. In those roles, she managed Senator Portman’s regulatory reform agenda and led oversight of federal government agencies and investigations into private entities. She previously served in several other Capitol Hill offices including as Oversight Counsel for the House of Representatives Committee on Ways and Means.
Congressional Investigations: At Gibson Dunn, Ms. Neely has represented clients undergoing investigations by numerous congressional committees, including the Senate Permanent Subcommittee on Investigations; Senate Finance Committee; Senate Judiciary Committee; Senate Health, Education, Labor, and Pensions Committee; House Committee on Oversight and Accountability; House Judiciary Committee; and the House Energy and Commerce Committee. In the course of those representations, Ms. Neely assists clients in all stages of investigations, including responding to letter requests and subpoenas to preparing witnesses for interviews, depositions, and congressional hearings. She also has assisted clients appearing before independent commissions such as the Financial Crisis Inquiry Commission and the Commission on Wartime Contracting.
Public Policy: Ms. Neely also works with clients to advance their legislative interests on Capitol Hill by gathering intelligence, formulating strategic plans, and executing lobbying campaigns. In those matters, she has represented a wide range of clients from the fields of technology, healthcare, finance, and energy.
Regulatory Counseling: Ms. Neely regularly advises clients regarding their interests before regulatory agencies. Her expertise in the CHIPS and Science Act allows her to help clients comply with the Department of Commerce’s regulations and assist them in commenting on agency rules and applying for funding. She also works with clients to engage in the rulemaking process at agencies ranging from the Consumer Financial Protection Bureau to the Commodity Futures Trading Commission to the Securities and Exchange Commission.
Ms. Neely also has participated in a variety of litigation matters before state and federal trial and appellate courts, including several class action defense and False Claims Act cases.
Ms. Neely clerked for the Honorable David B. Sentelle, then-Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. She earned her law degree cum laude from Duke University School of Law, where she served as the Articles Editor for both the Alaska Law Review and the Duke Journal of Constitutional Law & Public Policy. She was a member of the Duke Law Moot Court Board and served on the executive board of the Duke Law Federalist Society.
Ms. Neely graduated cum laude from Princeton University, where she majored in English and earned a certificate in Medieval Studies. She served for two years on United States Senator Elizabeth Dole’s staff as a legislative correspondent, focusing on banking, housing, budget, and tax issues. Ms. Neely is admitted to practice law in the District of Columbia and before the United States Courts of Appeals for the District of Columbia Circuit.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Judge, United States Court of Appeals, Sixth Circuit
Raymond M. Kethledge is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit, to which he was appointed on July 8, 2008. He received his BA in history from the University of Michigan in 1989, and his JD from the University of Michigan Law School in 1993. He clerked for Justice Anthony Kennedy of the United States Supreme Court and Judge Ralph B. Guy, Jr. of the United States Court of Appeals for the Sixth Circuit. He also worked in the United States Senate and later, with two partners, founded a boutique litigation firm, now known as Bush Seyferth PLLC, in Troy, Michigan. His practice there included a broad mix of trial-court, appellate, and class-action litigation.
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.
President and Founder, JKC Consulting LLC
John Kneuer is the President and Founder of JKC Consulting LLC. He sits on multiple public and private company boards.
Prior to starting Kneuer LLC, Mr. Kneuer served as the Assistant Secretary of Commerce for Communications and Information. In this capacity Mr. Kneuer was the principal advisor to the President of the United States on telecommunications policy and the Administrator of the National Telecommunications and Information Administration ("NTIA").In addition to representing the Executive Branch in domestic and international telecommunications and information policy activities, NTIA also manages the federal use of spectrum; performs cutting edge telecommunications research and engineering, including resolving technical telecommunications issues for the federal government and private sector; and administers infrastructure and public telecommunications facilities grants.
Prior to his service at NTIA, Mr. Kneuer served as a Senior Associate at the law firm of Piper Rudnick in Washington, D.C., providing regulatory and legislative representation to corporate clients in the telecommunications, defense, and transportation industries. Earlier in his career, Mr. Kneuer served as the Executive Director for Government Relations at the Industrial Telecommunications Association, and prior to that served as an Attorney-Advisor in the Commercial Wireless Division of the Federal Communications Commission's Wireless Bureau. Mr. Kneuer received B.A. and J.D. degrees from the Catholic University of America.
Partner, HWG LLP
Patricia Paoletta is a partner with the law firm of HWG LLP, where she specializes in telecommunications, trade and technology policy. Ms. Paoletta provides advice on regulatory, trade and legislative policy to clients before the FCC, Congress and the Administration. Her clients include providers of content, cloud, mobile broadband, VoIP, international telecommunications, small cells, cognitive radio, public safety and homeland security solutions. She serves on Advisory Boards for several entities engaged in information services, communications and technology.
Ms. Paoletta has accrued considerable experience with telecommunications trade and policy in the public sector. From 1990 to 1995, she was senior advisor to the International Bureau Chief and Office Director at the Federal Communications Commission. In the mid 1990s, Ms. Paoletta served as Director of Telecommunications Trade Policy in the Office of the U.S. Trade Representative, Executive Office of the President, where she worked on the WTO Information Technology Agreement (ITA) and the Basic Telecommunications Agreement. After USTR, Ms. Paoletta served as Majority Counsel to the House Energy and Commerce Committee. She then moved to Level 3 Communications, as Vice President, Government Relations.
Ms. Paoletta is on the Steering Committee of the Transatlantic Roundtable on Telecommunications and Information Technology of the European Institute. She is a member of the USTR Alumni Association, Washington International Trade Association, the Federal Communications Bar Association (FCBA), and Women in Technology. Ms. Paoletta has served on the Board of Advisors for the Inter-American Dialogue's Latin America Telecom Advisor, Co-Chairman of the American Bar Association International Communications Committee, and as a member of the U.S. Chamber of Commerce's Technology Policy Committee.
Ms. Paoletta served as a delegate in 2012 to the ITU-R's Study Group 6 Working Party 6A Meeting and in 2009 and 2010 to the ITU-R's Study Group I Working Party IB Meetings; the 2009 meetings of CITEL (the Committee on International Telecommunications at the Organization of American States) PCC-II; the International Telecommunication Union (ITU) World Telecommunications Standards Assembly (2000); the ITU Internet Protocol Telephony Experts Group and the ITU World Telecommunications Policy Forum in 2001; as Chairman of the National Reliability and Interoperability Council (NRIC) Steering Committee (2000-2001); as Board Member for the Voice on the Net Coalition (2001); as Co-Chairman of the FCBA's Annual Seminar Committee (2009-2011); as a member of the FCBA's Ad Hoc Speakers Committee (2006-2007); as Co-Chairman for the FCBA International Practice Committee (2001-2002 and 2005-2006); and as a Co-Chairman of the FCBA Legislative Practice Committee (1999-2000).
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
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featuring Brian Fish
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Eric D. Hargan
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Necessary & Proper Episode 55: 2020 National Student Symposium Panel II: The Proper Role of the Senate
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Legal and Policy Issues of the Administration's 5G Agenda
John Kneuer, Patricia J. Paoletta, Lawrence J. Spiwak
The rapid deployment of 5G technologies has become a stated objective of the Trump Administration...