Partner, Steptoe & Johnson LLP
Stewart Baker is a partner in the law firm of Steptoe & Johnson in Washington, D.C. From 2005 to 2009, he was the first Assistant Secretary for Policy at the Department of Homeland Security. His law practice covers cybersecurity, data protection, homeland security, and travel and foreign investment regulation; he has been awarded one patent.
Mr. Baker has been General Counsel of the National Security Agency and General Counsel of the commission that investigated WMD intelligence failures prior to the Iraq war. He is the author of Skating on Stilts, a book on terrorism, cybersecurity, and other technology issues; he also hosts the weekly Cyberlaw Podcast.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Vice President for Legal Affairs, Goldwater Institute
Partner, Orrick, Herrington & Sutcliffe LLP
The former chief of the U.S. Justice Department’s Networks and Technology Enforcement Section (Net Tech), Jim focuses his practice on antitrust and competition law at Orrick, advocating before federal agencies on behalf of the firm’s global clients in the technology, energy & infrastructure and finance sectors.
As Net Tech chief, Jim oversaw all civil antitrust enforcement in the tech and financial services sectors, reviewing, investigating and, when necessary, litigating, every major strategic technology transaction and conduct issue in the past decade. He oversaw civil antitrust enforcement, competition advocacy, and competition policy in the areas of computer hardware and software, high-technology component manufacturing, financial services, securities industries, and professional associations. Jim also led the agency’s cooperation with antitrust and competition authorities worldwide.
Jim is a five-time recipient of the Assistant Attorney General Award of Distinction, and also received the prestigious Roberts Award in 2011 for excellence, leadership and dedication in the enforcement of antitrust laws. Prior to becoming Net Tech’s chief, he served for three years as assistant chief of the Antitrust Division’s Litigation 2 section and was a trial attorney in the agency from 1994 to 2003. He also served in the Antitrust Division’s Professions and Intellectual Property section. He clerked for Washington State Supreme Court Justices James A. Andersen and Fred H. Dore.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Partner, Troutman Pepper Hamilton Sanders LLP
Misha leads Troutman Peppers' national appellate and Supreme Court practice. Most recently, he successfully obtained orders from the Supreme Court blocking an unconstitutional restriction on places of worship, as well as overturning a lower court order that had blocked several state election laws. He has also argued and prevailed before the Supreme Court in Gill v. Whitford, one of the most significant redistricting cases in decades, as well as Murr v. Wisconsin, a high-stakes regulatory taking case.
Before joining Troutman, Misha served as Solicitor General of the State of Wisconsin. Misha previously served as a law clerk for the Honorable Anthony M. Kennedy of the Supreme Court, Janice Rogers Brown of the D.C. Circuit, and Alex Kozinski of the 9th Circuit. He graduated from Georgetown University Law Center, where he was President of the Federalist Society Chapter.
Senior Counsel for Environmental and Regulatory Affairs, Boeing
Adam Gustafson is a Senior Counsel for Environmental and Regulatory Affairs at Boeing.
Prior to joining Boeing, he served as Deputy General Counsel at the Environmental Protection Agency. Prior to that, he was a partner at Boyden Gray & Associates, where he represented States, federal judges, environmental groups, biofuel producers, agricultural interests, and public policy organizations, on such issues as the constitutional separation of powers, the First Amendment, automotive regulations, environmental computer models, healthcare regulation, and judicial deference to federal agencies.
Mr. Gustafson received his J.D. in 2009 from Yale Law School, where he was an editor of the Yale Law Journal, a managing editor of the Yale Journal of Law & the Humanities, and an executive editor of the symposium issue of the Harvard Journal of Law & Public Policy.
Mr. Gustafson served as a Vice President of the Yale Law School Federalist Society. He was a Coker Fellow, and his legal writing won the Joseph A. Chubb Competition Prize and the Edward D. Robbins Memorial Prize.
Mr. Gustafson graduated with high distinction in 2005 from the University of Virginia, where he was an Echols Scholar, a member of the Raven Society, a member of the rowing team, and a Lawn resident.
Before joining Boyden Gray & Associates, Mr. Gustafson was an associate at Cooper & Kirk, where he specialized in appellate litigation. Mr. Gustafson served as a law clerk to Judge Richard R. Clifton of the U.S. Court of Appeals for the Ninth Circuit, and to Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit.
Partner, Bracewell LLP
Jeffrey Holmstead, former assistant administrator of the United States Environmental Protection Agency for Air and Radiation, is one of the nation’s leading climate change lawyers as recognized by Chambers USA (2008-2016) and heads the environmental strategies group (ESG) at Bracewell. The ESG is a multi-disciplinary group that includes environmental and energy attorneys, public policy advocates and strategic communications experts – most of whom have had high-level government experience. Under Jeffrey’s leadership, they work together on a daily basis to advise and defend companies and business groups confronting major environmental and energy-development challenges, both domestically and globally.
From his time in both the government and the private sector, Jeffrey is very familiar with the environmental and energy challenges facing the business community. He advises clients dealing with an increasingly complex regulatory, legal and public relations landscape, drawing on his experience in policy development, administrative and legislative advocacy, litigation and strategic communications. He has worked with clients in a number of industries on issues related to climate change, Clean Air Act policy and enforcement, and energy policy — including the development of new coal-fired power plants, refineries, renewable energy sources, and electric transmission infrastructure.
Jeffrey headed the EPA’s Office of Air and Radiation from 2001 to 2005, longer than anyone in EPA history. During his tenure, he was the architect of several of the agency’s most important initiatives, including the Clean Air Interstate Rule, the Clean Air Diesel Rule, the Mercury Rule for power plants and the reform of the New Source Review program. He also oversaw the development of the Bush Administration’s Clear Skies Legislation and key parts of its Global Climate Change Initiative. Between 1989 and 1993, Jeffrey served on the White House Staff as Associate Counsel to former President George H.W. Bush. In that capacity, he was involved in the passage of the Clean Air Act Amendments of 1990 and the key steps taken to implement those amendments. From 1987 to 1988, he served as a law clerk to Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the District of Columbia.
He received his B.A. from Brigham Young University, summa cum laude, and his J.D. from Yale Law School.
Director, Clean Air Project, Climate & Clean Air Program, Natural Resources Defense Council
John Walke has spearheaded the NRDC’s national clean-air advocacy before Congress, in the courts, at the U.S. Environmental Protection Agency, and before the public since 2000. Before joining NRDC, he spent three years working as an attorney in the EPA’s Office of General Counsel, where he handled cases related to permitting, air toxins, monitoring, and enforcement under the Clean Air Act. Prior to that, he was an associate in a private law firm based in Washington, D.C. Walke is a graduate of Duke University and Harvard Law School. He is based in Washington, D.C.
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University Charles Widger School of Law
Michael P. Moreland was appointed University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy at Villanova University in 2017. Professor Moreland joined the Villanova faculty in 2006 and served as Vice Dean from 2012 to 2015. His research is primarily in the areas of torts, law and religion, constitutional law, and Catholic social thought, and he regularly teaches Torts, First Amendment, seminars in law and religion, and undergraduate courses in ethics.
Professor Moreland is the co-editor of Christianity and Private Law (Routledge, 2021), and his most recent publications include: “The Authority of Tradition: John Henry Newman and Legal Theory” in Christianity and the Making of Irish Law (Routledge, 2025); “Christianity and Torts” in The Oxford Handbook on Christianity and Law, (Oxford University Press, 2023); “Germaneness and Religious Liberty” in the Notre Dame Law Review (2023); “Contingency and Contestation in Christianity and Liberalism” in the Notre Dame Law Review (2023); “Friendship as the Primary Purpose of Law” in The American Journal of Jurisprudence 279 (2022); and “The Moral of Torts” (with Jeffrey Pojanowski) in Christianity and Private Law (Routledge, 2021).
Professor Moreland was a Visiting Professor of Law at the University of Notre Dame and the Mary Ann Remick Senior Visiting Fellow at the Notre Dame Center for Ethics and Culture from 2015 to 2017. He was the Forbes Visiting Fellow at Princeton University in the James Madison Program during academic year 2010-11. He has served as the project leader for grants from the John Templeton Foundation and the Charles Koch Foundation. He serves as the Chair of the Federalist Society’s Religious Liberties Practice Group Executive Committee and the Chair of the Board of Trustees of the Institute for Advanced Catholic Studies at the University of Southern California.
Professor Moreland received his BA in philosophy from the University of Notre Dame, his MA and PhD in theological ethics from Boston College, and his JD from the University of Michigan Law School. Following law school, Professor Moreland clerked for the Honorable Paul J. Kelly Jr., of the United States Court of Appeals for the Tenth Circuit and was an associate at Williams & Connolly LLP in Washington, DC, where he represented clients in First Amendment, professional liability, and products liability matters. Before coming to Villanova, he served as Associate Director for Domestic Policy at the White House under President George W. Bush, where he worked on a range of legal policy issues, including criminal justice, immigration, civil rights, and liability reform.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Co-Founder and CEO, Esper
Maleka Momand is co-founder and CEO of Esper, a technology platform for government to evaluate and manage regulatory policy. Prior to founding Esper, she served as President of Argive, a Silicon-Valley based non-profit that works with states on regulatory review best practices. Maleka holds a degree in Political Science & Interdisciplinary Studies from the University of Central Arkansas and resides in San Francisco, California.
Qualcomm Litigation Update
Stewart A. Baker, John Shu
Corporations, Securities, & Antitrust and International & National Security Law Practice Groups Teleforum
On March 5, the committee on Foreign Investment in the United States (CFIUS) raised objection...
Sokolow, et al v. Palestinian Liberation Organization Litigation Update
David B. Rivkin
International & National Security Law Practice Group Teleforum
Recently, in a case called Sokolow, et al v. Palestinian Liberation Organization (PLO), the Solicitor...
Courthouse Steps: China Agritech v. Resh
Christopher C. Murray
Labor & Employment Law and Litigation Practice Group Teleforum
On March 26, the Supreme Court will hear arguments in China Agritech, Inc. v. Resh,...
Minnesota Voters Alliance v. Mansky - Post-Argument SCOTUScast
Timothy Sandefur
SCOTUScast featuring Timothy Sandefur
On February 28, 2018, the Supreme Court heard argument in Minnesota Voters Alliance v. Mansky,...
The Justice Department's Challenge of the AT&T-Time Warner Merger
James Tierney
On March 21, the U.S. District Court for D.C. will hear arguments in U.S. v....
20 State Lawsuit Challenging Obamacare's Constitutionality
Jonathan H. Adler, Misha Tseytlin
Practice Groups and Regulatory Transparency Project Teleforum
Recently, 20 States, led by Attorney General Ken Paxton of Texas and Attorney General Brad...
Administrator Pruitt’s First Year at EPA
Adam Gustafson, Jeffrey Holmstead, John Walke
Environmental Law & Property Rights, Administrative Law & Regulation Practice Groups, and Regulatory Transparency Project Teleforum
When President Trump nominated Scott Pruitt to be Administrator of the Environmental Protection Agency, environmentalists...
Sveen v. Melin - Post-Argument SCOTUScast
James W. Ely
SCOTUScast featuring Prof. James Ely
On March 19, 2018, the Supreme Court heard argument in Sveen v. Melin, a case...
Courthouse Steps: National Institute of Family and Life Advocates v. Becerra
Michael P. Moreland
Religious Liberties and Free Speech & Election Law Practice Groups Teleforum
On March 20, the Supreme Court will hear arguments in National Institute of Family and...
The Commenting Power: Agency Accountability through Public Participation
Donald J. Kochan, Maleka Momand
Regulatory Transparency Project Teleforum
Did you know that you have a say in the U.S. government’s regulatory process? The...