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.
Attorney at Law
James P. Scanlan is an attorney specializing in the use of statistics in litigation. He has published about 60 articles on legal or public policy issues. About half have pertained to the use of statistics in the law and the social and medical sciences, especially regarding the patterns by which standard measures of differences between outcome rates tend to be systematically affected by the prevalence of an outcome. Most notably, the rarer an outcome the greater tends to be the relative difference in experiencing and the smaller tends to be the relative difference in avoiding it, a pattern termed “Scanlan’s Rule” by scholars in the UK. Thus, for example, improvements in health or healthcare tend to decrease relative differences in favorable health outcomes, while increasing relative differences in the corresponding adverse outcomes; increasing loan approval rates tends to decrease relative differences in approval rates while increasing relative differences in rejection rates. Without recognizing this and related patterns it is not possible to soundly interpret data on group differences in outcome rates.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Distinguished Fellow, Hudson Institute
Christopher DeMuth is a distinguished fellow at Hudson Institute. He was president of the American Enterprise Institute for Public Policy Research (AEI) from 1986 to 2008 and was the D.C. Searle Senior Fellow at AEI from 2008 to 2011.
Mr. DeMuth was raised in Kenilworth, Illinois, and attended the Lawrenceville School (1964), Harvard College (A.B. 1968), and the University of Chicago Law School (J.D. 1973). He served as staff assistant to President Richard M. Nixon from 1969 to 1970, working first for Daniel P. Moynihan (then assistant to the President for Urban Affairs) on urban policy matters and then as chairman of the White House Task Force on Environmental Policy. Following law school, he practiced regulatory, antitrust, and general corporate law with Sidley & Austin in Chicago (1973-1976) and was associate general counsel of the Consolidated Rail Corporation (Conrail) in Philadelphia (1976-1977).
From 1977 to 1981, Mr. DeMuth was lecturer in public policy at the Kennedy School of Government at Harvard University, and director of the Harvard Faculty Project on Regulation. There he taught courses on law, economics, and regulatory policy and conducted and sponsored research on health, safety, environmental, and economic regulation.
Returning to Washington in 1981, Mr. DeMuth served as administrator for information and regulatory affairs in the U.S. Office of Management and Budget, and as executive director of the Presidential Task Force on Regulatory Relief during President Ronald Reagan’s first term of office. From 1984 to 1986, he was managing director of Lexecon Inc., a law-and-economics consulting firm; in 1986, he was also publisher and editor-in-chief of Regulation magazine. He was elected president of the American Enterprise Institute in December 1986.
Many of Mr. DeMuth’s articles, lectures, and occasional talks are posted on his website (https://www.ccdemuth.com).
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
General Counsel, House Committee on Homeland Security
Steven Giaier is General Counsel for the Committee on Homeland Security in the U.S. House of Representative. In this role, he serves as the lead staff member on the Committee for all legal issues and legislation action. Over the past several years, he has written several of the most substantial pieces of legislation to move through the Committee and be enacted into law, including the Visa Waiver Program Improvement and Terrorist Travel Prevention Act and the U.S. Customs and Border Protection Authorization Act. Mr. Giaier formerly served as parliamentary advisor to Congressman Peter King during King’s tenure as chairman of the Homeland Security Committee from 2011-2013. He recently coauthored “Turf Wars: How a Jurisdictional Quagmire in Congress Compromises Homeland Security,” published by the New York University Journal of Legislation and Public Policy in the summer of 2015.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Former Attorney General, State of Arizona
Mark Brnovich served as Arizona's 26th Attorney General from 2015 to 2023. He was first inaugurated in 2015, and again in 2019 after winning re-election. Mark has spent most of his professional life serving as a prosecutor at the local, state, and federal levels. Mark met his wife Susan while they both worked as prosecutors for the Maricopa County Attorney's office. Mark worked in the Gang/Repeat Offender Unit and prosecuted many difficult and high profile cases from 1992 to 1998. He then went on to work as an Assistant Attorney General with the Arizona Attorney General's Office from 1998 to 2003, where he developed an expertise in gambling law. Brnovich later went on to serve as an Assistant United States Attorney for the District of Arizona where he prosecuted public integrity crimes, as well as crimes occurring in Indian Country.
Brnovich has also been a Judge Pro Tem of Maricopa County Superior Court, a Command Staff Judge Advocate in the U.S. Army National Guard, the Director for Constitutional Government at the Goldwater Institute, and the Director of the Arizona Department of Gaming, a law enforcement agency that investigates illegal gambling activity, as well as working with tribal regulators to ensure the integrity of tribal gaming.
Brnovich is known for restoring public confidence in the office of "Arizona's Top Cop" and for assembling some of the nation's most talented public servants for his administration. Mark argued at the United States Supreme Court in defense of the "one-person, one-vote" principle, was featured on 60 Minutes in defense of capital punishment, and has initiated national public education efforts to combat human sex trafficking.
Brnovich has been recognized by the National Federation of Independent Business as a "Champion of Small Business." and was elected by his bi-partisan colleagues to serve as the Chairman of the Conference of Western Attorneys General.
Mark's wife Susan was recently appointed by the United States Senate to serve as a U.S. District Judge for the District of Arizona. He has two teenage daughters and lives in Phoenix.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Senior Fellow, Center for American Progress
Kate Martin is a Senior Fellow at American Progress where she works on issues at the intersection of national security, civil liberties, and human rights. The New York Times’ Taking Note blog described her as “an expert on surveillance and detention, and a leading advocate for the rule of law in the so-called ‘war on terror.’” Before coming to American Progress, Ms. Martin served as director of the Center for National Security Studies for more than 20 years. She frequently testifies before Congress on national security and civil liberties issues. She is also a frequent commentator in the national media and has written extensively on these issues for the past 25 years. At the Center for National Security Studies, Martin brought lawsuits that challenged government deprivations of civil liberties. She has taught national security law and served as general counsel to the National Security Archive.
Ms. Martin is a graduate of the University of Virginia School of Law and Pomona College. Before joining the public interest world, she served as a partner at the law firm of Nussbaum, Owen & Webster.
Founder, Libertas-West Project
Karen Lugo is a constitutional law consultant and national security analyst. She was Director of the Center for Tenth Amendment at Texas Public Policy Foundation from 2013 to 2015. When living in California, she was Co-Director of the Center for Constitutional Jurisprudence Center. From 2005 – 2012, she was a clinical visiting and adjunct professor at Chapman University School of Law where she co-taught the advanced Constitutional Law Clinic. Karen has co-authored and written circuit-level and Supreme Court amicus briefs on such issues as FISA Surveillance, Healthcare Reform, Arizona’s Border Security, Gay Marriage, The Ten Commandments, Eminent Domain, Christian Clubs on University Campuses, and Material Support for Terrorists.
Karen is the founder of the Libertas-West Project, a center for study Islamic integration and radicalization issues. In this capacity, she consulted with the Center for Security Policy to write a book on local over-watch of mosque construction and community engagement called: Mosques in America: A Guide to Accountable Permit Hearings and Continuing Citizen Oversight.
Karen writes and speaks for European and American groups on the importance of basing assimilation efforts on principles of Western exceptionalism. She presented a policy brief to the French Conseil d’Etat analyzing the legal implications of banning the burqa. Ms. Lugo has written one of the most comprehensive overviews of sharia law in American courts, American Family Law and Sharia-Compliant Marriages, for the Federalist Society law journal, Engage. She has written several white papers on the American Law for American Courts legislation and sharia tribunals in America.
Ms. Lugo was an appointee to the California Advisory Committee to the U.S. Commission on Civil Rights. She also taught a Human Rights law course on the contrast between French and English Enlightenment theories in Strasbourg, France.
Until moving from California, Ms. Lugo was a member of the David Horowitz Freedom Center Board of Directors. She was also a regular guest on the Orange County PBS local issues debate program, Inside OC, and she is a contributor to Pajamas Media, National Review Online, City Journal, American Spectator, American Greatness, Townhall.com, American Thinker, Daily Caller, and Family Security Matters. She has been interviewed by dozens of radio hosts and has spoken for civic groups on constitutional and cultural concerns.
Senior Lecturer; Director, The Robert S. Strauss Center for International Security and Law, The University of Texas at Austin School of Law
Adam Klein is Director of the Strauss Center and Director of Strauss’ Program on Technology, Security, and Global Affairs. Adam also serves as a Senior Lecturer at the School of Law. Before joining the Strauss Center, Adam served as Chairman of the United States Privacy and Civil Liberties Oversight Board, the independent, bipartisan federal agency responsible for overseeing counterterrorism programs at the NSA, FBI, CIA, Department of Homeland Security, and other federal agencies. As the Board’s Senate-confirmed Chairman, he oversaw its oversight and advice engagements with other federal agencies, while also serving as the Board’s chief executive officer.
Before entering government, Adam was the Robert M. Gates Senior Fellow at the Center for a New American Security, a bipartisan national-security research institution in Washington, DC. There, his research focused on government surveillance, intelligence powers, and national security law. Previously, Adam practiced law at Wilmer Cutler Pickering Hale & Dorr, LLP and served as a law clerk to Justice Antonin Scalia of the U.S. Supreme Court and Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. He has also worked on national-security policy at the RAND Corporation, the 9/11 Public Discourse Project (the non-profit successor to the 9/11 Commission), and in the U.S. Congress. He received his BA from Northwestern University and his JD from Columbia Law School.
Adam is a former Council on Foreign Relations International Affairs Fellow and Robert Bosch Foundation Fellow in Berlin. He speaks German and French.
Ziglar v. Abbasi - Post-Decision SCOTUScast
David B. Rivkin
SCOTUScast 7-25-17 featuring David B. Rivkin
On June 19, 2017, the Supreme Court decided Ziglar v. Abbasi, which was consolidated with...
Are Existing Civil Rights Policies Based on a Statistical Understanding That Is the Opposite of Reality? - Podcast
James Scanlan, Roger B. Clegg
Civil Rights Practice Group Podcast
For decades, the DOJ’s civil rights enforcement policies regarding lending, school discipline, and criminal justice...
Necessary & Proper Episode 3: Congress and the Dilemma of Fiscal Restraint
Christopher C. DeMuth, Nathan Kaczmarek
Christopher DeMuth, Distinguished Fellow at the Hudson Institute, discusses the current state of the 115th Congress...
Immigration Moratorium Back in the Court - Podcast
Josh Blackman, Ilya Somin
International & National Security Law Practice Group Podcast
Eighteen days after the Supreme Court granted certiorari in Trump v. International Refugee Assistance Project and stay...
Hernandez v. Mesa - Post-Decision SCOTUScast
Steven S. Giaier
SCOTUScast 7-24-17 featuring Steven Giaier
On June 26, 2017, the Supreme Court decided Hernandez v. Mesa. In 2010, Sergio Adrian...
Antitrust Enforcement in the Modern Era - Podcast
Joshua D. Wright
Corporations, Securities & Antitrust Practice Group Podcast
With a change in administration, businesses and consumers alike are searching the tea leaves for...
State Efforts to Rein In ADA (Americans with Disabilities Act) Lawsuits - Podcast
Mark Brnovich
Labor & Employment Law Practice Group Podcast
July 26th will mark the 26th anniversary of the Americans with Disabilities Act. Enacted in 1990...
Cooper v. Harris - Post-Decision SCOTUScast
Hans A. Von Spakovsky
SCOTUScast 7-20-17 featuring Hans A. von Spakovsky
On May 22, 2017, the Supreme Court decided Cooper v. Harris, formerly known as McCrory...
Murr v. Wisconsin - Post-Decision SCOTUScast
James S. Burling
SCOTUScast 7-20-17 featuring James S. Burling
On June 23, 2017, the Supreme Court decided Murr v. Wisconsin. In the 1960s the...
Reauthorization of Section 702 - Podcast
Kate Martin, Karen J. Lugo, Adam I. Klein
International & National Security Law Practice Group Podcast
Section 702 of the Foreign Intelligence Surveillance Act (FISA) is up for reauthorization in 2017....