Member, Caplin & Drysdale
Services
Mr. Birkenstock focuses on advising corporations, non-profit organizations, candidates, officeholders, and other clients in structuring new political efforts and administering their political, lobbying, and issue-advocacy projects. He also helps clients respond to controversies involving issues of political law such as alleged campaign finance improprieties, conflicts of interest, and real or perceived violations of other legal and ethical obligations.Highlights
While at the DNC, Mr. Birkenstock worked closely with the party's fundraisers and campaign staff to help ensure their compliance with the myriad of state and federal laws governing their activities. He took primary responsibility for responding to several investigations into Democratic Party fundraising following the 1996 presidential election. He also assisted in the litigation and public relations efforts surrounding the 2000 Florida recount and helped implement the DNC's transition to the McCain-Feingold campaign finance regime.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
Senior Editor, National Review
Historian Richard Brookhiser is a senior editor of National Review, a senior fellow at the National Review Institute, and the author of several books, including Founders’ Son, Right Time, Right Place, George Washington on Leadership, What Would the Founders Do?, Gentleman Revolutionary, Rules of Civility, America’s First Dynasty, Alexander Hamilton, American, Founding Father: Rediscovering George Washington, Way of the WASP, and The Outside Story.
Professorial Lecturer in Law, The George Washington University
Paul Rosenzweig is an accomplished writer and speaker with a national reputation in cyber security and homeland security. He is the founder of Red Branch Consulting PLLC, a homeland security consulting company. He is also a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security.
He is a Professorial Lecturer in Law at George Washington University, and a Senior Fellow in the Tech, Law & Security Program at the American University, Washington College of Law. He serves as an advisor to and former member of the American Bar Association Standing Committee on Law and National Security, and a Contributing Editor of the Lawfare blog. He is a member of the ABA Cybersecurity Legal Task Force and of the United States Court of Appeals for the District of Columbia Circuit Advisory Committee on Admissions and Grievances. He serves, as well, as a Hearing Committee Member of the District of Columbia Board of Professional Responsibility. In 2011 he was a Carnegie Fellow in National Security Journalism at the Medill School of Journalism, Northwestern University.
Mr. Rosenzweig is a cum laude graduate of the University of Chicago Law School. He has an M.S. in Chemical Oceanography from the Scripps Institution of Oceanography, University of California at San Diego and a B.A from Haverford College. Following graduation from law school he served as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Eleventh Circuit.
He is the author of Cyber Warfare: How Conflicts in Cyberspace are Challenging America and Changing the World and of three video lecture series from The Great Courses, Thinking About Cybersecurity: From Cyber Crime to Cyber Warfare; The Surveillance State: Big Data, Freedom, and You; and Investigating American Presidents.
He is the co-author (with James Jay Carafano) of Winning the Long War: Lessons from the Cold War for Defeating Terrorism and Preserving Freedom and co-editor (with Jill D. Rhodes and Robert S. Litt) of the Cybersecurity Handbook (3rd ed.). He is also co-editor (with Timothy McNulty and Ellen Shearer) of two books, Whistleblowers, Leaks and the Media: The First Amendment and National Security, and National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers. Mr. Rosenzweig is a member of the Literary Society of Washington.
Deputy Attorney General, California Department of Justice
Brian Means is a nationally recognized expert in the area of postconviction review. He graduated with Great Distinction, Order of the Coif, and Order of the Barristers from the University of the Pacific, McGeorge School of Law. He was the recipient of seven American Jurisprudence Awards. Following graduation, he clerked for the Honorable Garland E. Burrell, Jr., federal judge. There, he worked on several high-profile cases, including the criminal action against the Unabomber, Theodore Kackynski. For the past fourteen years he has worked as a Deputy Attorney General with the California Department of Justice, and has held the position of supervisor of the federal habeas corpus team. He works almost exclusively on federal habeas corpus litigation, practicing in the Eastern District of California, the Ninth Circuit Court of Appeals, and the United States Supreme Court. He has appeared as a legal analyst on CNN, MSNBC, and the California Channel. He writes the Federal Habeas Manual: A Guide to Habeas Corpus Litigation, published by Westlaw, and the Federal Habeas Practitioner Note, a quarterly publication distributed nationally to habeas practitioners and members of the judiciary.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Professor of Law, University of Baltimore School of Law (on leave); Senior Counsel, U.S. Department of Justice
Professor Dolin’s scholarship centers on patent law with a specific focus on how the patent regime affects innovation, especially in bio-pharmaceutical areas. His work in these areas includes a number of scholarly articles, presentations, amicus briefs, and congressional testimony.
Dr. Dolin is currently on leave from his academic duties while he serves as Senior Counsel in the Civil Rights Division of the United States Department of Justice.
From January 2020 to January 2022, Professor Dolin served as a resident Associate Justice of the Supreme Court of the Republic of Palau. In this role, he (together with other members of the Court) heard appeals in civil, criminal, administrative, and constitutional law matters.
Prior to joining the University of Baltimore School of Law, Professor Dolin held visiting appointments in other law schools. He also served as a law clerk to the Hon. Pauline Newman, of the U.S. Court of Appeals for the Federal Circuit and the late Hon. H. Emory Widener Jr., of the U.S. Court of Appeals for the Fourth Circuit.
Rumors that he has a real Russian bear in his office are entirely true.
Partner, Sidley Austin LLP
Jonathan Cohn is a partner based in Washington, D.C., who returned to Sidley after serving for several years as a Deputy Assistant Attorney General in the United States Department of Justice. During his tenure in the Justice Department, Mr. Cohn was in charge of the Civil Division’s Appellate Staff, which represents the federal government in its high-profile civil appeals. He also managed over 200 district court and appellate litigators in the Division’s Office of Immigration Litigation.
Mr. Cohn personally argued many of the most sensitive and consequential matters for the United States. His clients included the Department of the Treasury, the Food and Drug Administration, and the Department of Defense. His caseload covered administrative law appeals, commercial disputes, national security issues and suits challenging the constitutionality of agency regulations and Acts of Congress.
J.D., Harvard Law School
B.S., University of Pennsylvania
University Distinguished Professor of Political Science, Texas A&M University
George C. Edwards III is University Distinguished Professor of Political Science at Texas A&M University. He also holds the Jordan Chair in Presidential Studies and has served as the Olin Professor of American Government at Oxford and the John Adams Fellow at the University of London, and has held senior visiting appointments at Sciences Po-Paris, Peking University, Hebrew University of Jerusalem, and the U.S. Military Academy at West Point. He is an Associate Member of Nuffield College at the University of Oxford and was the founder and from 1991-2001 the director of The Center for Presidential Studies. In 2012-13, he will be Winant Professor of American Government at Oxford.
A leading scholar of the presidency, he has authored dozens of articles and has written or edited 25 books on American politics and public policy making. He is also editor of Presidential Studies Quarterly and general editor of the Oxford Handbook of American Politics series. Among his recent books, On Deaf Ears: The Limits of the Bully Pulpit examines the effectiveness of presidential leadership of public opinion; Why the Electoral College Is Bad for America evaluates the consequences of the method of electing the president; Governing by Campaigning analyzes the politics of the Bush presidency; and The Strategic President offers a new formulation for understanding presidential leadership. His most recent book,Overreach, analyzes presidential leadership during the Obama presidency.
Professor Edwards has served as president of the Presidency Research Section of the American Political Science Association, which has named its annual dissertation prize in his honor and awarded him its Career Service Award. A member of Phi Beta Kappa and a Woodrow Wilson Fellow, he has received the Decoration for Distinguished Civilian Service from the U.S. Army and the Pi Sigma Alpha Prize from the Southern Political Science Association. He is also a member of the Council on Foreign Relations. He has spoken to more than 200 universities and other groups in the U.S. and abroad, keynoted numerous national and international conferences, done hundreds of interviews with the national and international press, and can be heard on National Public Radio. Grants from the National Science Foundation, the Smith-Richardson Foundation, and the Ford Foundation have funded his work. He has served on the Board of Directors of the Roper Center and the Board of Trustees of the Center for the Study of the Presidency and on many editorial boards.
Dr. Edwards also applies his scholarship to practical issues of governing, including advising Brazil on its constitution and the operation of its presidency, Russia on building a democratic national party system, Mexico on elections, and Chinese scholars on democracy. He also authored studies for the 1988 and 2000 U.S. presidential transitions.
Founder and Executive Director, Save Our States
Trent England defends the Electoral College as the founder and director of Save Our States. He also serves as the David and Ann Brown Distinguished Fellow at the Oklahoma Council of Public Affairs.
Trent previously served as Executive Vice President of the Oklahoma Council of Public Affairs and earlier of the Olympia, Washington-based Freedom Foundation. He was also a morning-drive radio host, a state legislative candidate, a legal policy analyst at The Heritage Foundation, and a research analyst at the National Republican Senatorial Committee.
Trent is the author of "Why We Must Defend the Electoral College," co-author of "The Case Against Ranked-Choice Voting," and a contributor to "The Heritage Guide to the Constitution" and "One Nation Under Arrest: How Crazy Laws, Rogue Prosecutors, and Activist Judges Threaten Your Liberty." His writing has also appeared in the Wall Street Journal, Christian Science Monitor, Washington Times, and other newspapers. He is a producer of the feature-length documentary "Safeguard: An Electoral College Story."
Trent earned a law degree from The George Mason University School of Law and a bachelor of arts in government from Claremont McKenna College. He lives in Oklahoma City with his wife and their three children.
Chair, National Popular Vote
John R. Koza received his Ph.D. in computer science from the University of Michigan in 1972. He published a board game involving Electoral College strategy in 1966. From 1973 through 1987, he was co-founder, chairman, and CEO of Scientific Games Inc. where he co-invented the rub-off instant lottery ticket used by state lotteries. In the 1980s, he and attorney Barry Fadem were active in promoting adoption of lotteries by various states through the citizen-initiative process and state legislative action. Between 1988 and 2003, he taught a course on genetic algorithms and genetic programming at Stanford University, where he was a consulting professor. He is lead author of the book Every Vote Equal: A State-Based Plan for Electing the President by National Popular Vote and originator of the National Popular Vote legislation. He is Chair of National Popular Vote and a member of the Board of Directors. Koza has visited 29 states on behalf of National Popular Vote.
Author, The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule and Enlightened Democracy: The Case for the Electoral College
Tara Ross is nationally recognized for her expertise on the Electoral College. She is the author of Why We Need the Electoral College (2019), The Indispensable Electoral College: How the Founders’ Plan Saves Our Country from Mob Rule (2017), We Elect A President: The Story of our Electoral College (2016), and Enlightened Democracy: The Case for the Electoral College (2d ed. 2012). She is also the author of She Fought Too: Stories of Revolutionary War Heroines (2019), and a co-author of Under God: George Washington and the Question of Church and State (2008) (with Joseph C. Smith, Jr.). Her Prager University video, Do You Understand the Electoral College?, is Prager’s most-viewed video ever, with more than 60 million views.
Tara often appears as a guest on a variety of talk shows nationwide, and she regularly addresses civic, university, and legal audiences. She’s contributed to several law reviews and newspapers, including the National Law Journal, USA Today, the Washington Examiner, The Hill, The Washington Times, and FoxNews.com. She’s appeared before institutions such as the Cooper Union, Brown University, the Dole Institute of Politics, and Mount Vernon. She’s appeared on Fox News, CSPAN, NPR, and a variety of other national and local shows.
Tara is a retired lawyer and a former Editor-in-Chief of the Texas Review of Law & Politics. She obtained her B.A. from Rice University and her J.D. from the University of Texas School of Law. She resides in Dallas with her husband and children.
Applying Citizens United
Joseph M. Birkenstock, Dean Reuter, Bradley A. Smith
Free Speech and Election Law Practice Group Podcast
As the election season accelerates, our panel of experts discussed the impact of Citizens United,...
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak and Salazar v. Patchak - Post-Argument SCOTUScast
Thomas F. Gede
SCOTUScast 05-07-12 featuring Thomas Gede
On April 24, 2012, the Supreme Court heard oral argument in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians...
United States v. Home Concrete & Supply, LLC - Post-Decision SCOTUScast
Kristin E. Hickman
SCOTUScast 05-07-12 featuring Kristin Hickman
On April 25, 2012, the Supreme Court announced its decision in United States v. Home Concrete...
James Madison by Richard Brookhiser - Podcast
Richard Brookhiser, James A. Haynes
Practice Groups Podcast
Richard Brookhiser's book examines the life of America's fourth President, James Madison, including his role...
United States v. Jones - Post-Decision SCOTUScast
Paul Rosenzweig
SCOTUScast 05-01-12 featuring Paul Rosenzwieg
On January 23, 2012, the Supreme Court announced its decision in United States v. Jones. The...
Wood v. Milyard - Post-Decision SCOTUScast
Brian Means
SCOTUScast 04-27-12 featuring Brian Means
On April 24, 2012, the Supreme Court announced its decision in Wood v. Milyard. The question...
Dorsey v. United States and Hill v. United States - Post-Argument SCOTUScast
William G. Otis
SCOTUScast 04-26-12 featuring William Otis
On April 17, 2012 the Supreme Court heard oral argument in Dorsey v. United States and Hill v....
Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk - Post-Decision SCOTUScast
Gregory Dolin
SCOTUScast 04-25-12 featuring Gregory Dolin
On April 17, 2012, the Supreme Court announced its decision in Caraco Pharmaceutical Laboratories, Ltd. v....
Salazar v. Ramah Navajo Chapter - Post-Argument SCOTUScast
Jonathan Cohn
SCOTUScast 04-24-12 featuring Jonathan Cohn
On April 18, 2012, the Supreme Court heard oral argument in Salazar v. Ramah Navajo Chapter....
The National Popular Vote Plan
George C. Edwards, Trent England, John R. Koza, Tara Ross
Federalism & Separation of Powers and Free Speech & Election Law Practice Groups Teleforum
When Alexander Hamilton spoke of the Electoral College, he said: “[If] the manner of it...