Litigation Associate, Winston & Strawn LLP
Jacob R. Loshin is a litigation associate in Winston & Strawn's Washington, D.C. office and a member of the firm’s nationwide appellate and critical motions practice.
Before joining Winston & Strawn, Mr. Loshin served as a law clerk to the Hon. Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. He has also worked in business strategy and development for an education technology company.
While at Yale Law School, Mr. Loshin was senior editor of the Yale Law Journal and editor-in-chief of the Yale Journal on Regulation.
B.A., magna cum laude, in Philosophy, Politics, and Economics, Claremont McKenna College
J.D., Yale Law School
Managing Attorney of the Washington Office, Institute for Justice
William R. Maurer is the Managing Attorney of the Washington state office of the Institute for Justice, which engages in litigation in the areas of economic liberty, private property rights, educational choice, & freedom of speech.
Maurer is an advocate against the criminalization of poverty and the governmental use of the criminal and civil enforcement systems to raise revenue. He was lead counsel in a class action challenging the use of tickets to raise revenue in the city of Pagedale, Missouri. The suit resulted in a federal consent decree that reformed the city’s ticketing and municipal court system. He regularly speaks, teaches, and writes about the abuse of fines and fees in the criminal justice system. He was a participant in summits on taxation by citation put on by the White House and Department of Justice during the Obama Administration. His work on the issue includes serving as an advisory board member of the Fines and Fees Justice Center.
In addition to his work on criminal and civil justice reform, Maurer is a First Amendment litigator. In 2011, he successfully argued before the U.S. Supreme Court that Arizona’s punitive campaign financing regime was unconstitutional. Before the Washington Supreme Court, he successfully argued against efforts to classify radio commentary as a contribution under the state’s campaign finance law.
His cases and advocacy have been covered in the Washington Post, the New York Times, the Economist, the Wall Street Journal, and other major media outlets.
Maurer was named a “Washington Superlawyer” by Washington Law & Politics Magazine for several years. He is a chapter author in numerous legal reference works and has written several articles for law reviews and legal publications across the country.
Prior to joining IJ-WA, Maurer clerked for Washington Supreme Court Justice Richard Sanders and then practiced law at Perkins Coie LLP. Maurer received his law degree in 1994 from the University of Wisconsin – Madison, where he was an editor of the Wisconsin Law Review. He received his BA from Bard College in 1989.
Government Affairs Lobbyist, Public Citizen
Craig Holman, Ph.D. is currently Government Affairs Lobbyist for Public Citizen. As Legislative Representative, he serves as the organization’s Capitol Hill lobbyist on campaign finance and governmental ethics. Previously, Holman was Senior Policy Analyst at the Brennan Center for Justice, New York University School of Law. Dr. Holman worked closely with reform organizations and the Democratic congressional caucus of the 110th Congress in drafting and promoting the “Honest Leadership and Open Government Act,” the new federal lobbying and ethics reform legislation signed into law on September 14, 2007. As a consequence of this legislation, Holman is also working with European nongovernmental organizations and members of the European Commission and Parliament in developing a lobbyist registration system for the European Union.
Holman has assisted in drafting campaign finance reform legislation, including pay-to-play legislation, and has conducted numerous research projects on the initiative process and the impact of money in politics. He has been called upon to assist as a researcher and/or expert witness defending in court the Bipartisan Campaign Reform Act of 2002 (BCRA) as well as the campaign finance reform laws of Alaska, Arkansas, California and Colorado. He has authored and co-authored several studies on campaign finance and the initiative process, including four major works entitled BUYING TIME 2000: TELEVISION ADVERTISING IN THE 2000 FEDERAL ELECTIONS (2001); THE PRICE OF JUSTICE: A CASE STUDY IN JUDICIAL CAMPAIGN FINANCING (1995); TO GOVERN OURSELVES: BALLOT INITIATIVES IN THE LOS ANGELES AREA (1992), and DEMOCRACY BY INITIATIVE (1992). Some of his other publications include: “Lobbying Reform in the United States and the European Union: Progress on Two Continents,” in Conor McGrath, ed., INTEREST GROUPS AND LOBBYING (2009); “The Structure and Organization of Congress and the Practice of Lobbying,” in Thomas Susman and William Luneburg, eds., THE LOBBYING MANUAL: A COMPLETE GUIDE TO FEDERAL LAW GOVERNING LAWYERS AND LOBBYISTS, FOURTH EDITION (2008); “Close the 527 Loophole” in Matt Kerbel, ed., GET THIS PARTY STARTED: HOW PROGRESSIVES CAN FIGHT BACK AND WIN (2006); “The Bipartisan Campaign Reform Act: Limits and Opportunities for Non-Profit Groups in Federal Elections,” Northern Kentucky Law Review (2004); “The Nuts and Bolts of Public Financing of State Candidate Campaigns,” National Civic Review (2003); and THE NEW POLITICS OF JUDICIAL ELECTIONS (2002).
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
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.
Fellow, College of Public Interest Law, Pacific Legal Foundation
Mr. Middleton joined the Pacific Legal Foundation as a Fellow in the College of Public Interest Law in 2007. His practice mainly focuses on environmental law, and he has authored briefs in important Clean Water Act and Endangered Species Act cases. He is also authoring an article on injunctive relief under the Endangered Species Act.
Mr. Middleton is a member of the state bar of California and is admitted to the United States Court of Appeals for the Ninth Circuit and the United States District Court for the Northern District of California. He grew up in Cincinnati, Ohio, and attended Saint Louis University and The Ohio State University Moritz College of Law.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
President, Center for Individual Rights
Todd Gaziano is the President of the Center for Individual Rights. Mr. Gaziano received his J.D. in 1988 from the University of Chicago Law School, where he was a John M. Olin Fellow in Law and Economics. He received his B.A. from West Virginia University, summa cum laude in 1985. He was selected as a Truman Scholar from West Virginia while an undergraduate.
Mr. Gaziano’s previous legal work includes service as a law clerk for U.S. Court of Appeals for the Fifth Circuit Judge Edith Jones, as an attorney in the U.S. Department of Justice Office of Legal Counsel, as a chief subcommittee counsel in the U.S. House of Representatives, as a Houston trial attorney, and as a chief corporate legal officer. He also served a six-year term as commissioner on the U.S. Commission on Civil Rights (2008-2013), where he helped conduct oversight and investigations of civil rights agencies.
For most of the last 25 years, Mr. Gaziano was a legal scholar and public interest law leader, promoting individual liberty in the Supreme Court and Congress. From 1997 to 2013, he was the founding director of the Edwin Meese Center for Legal and Judicial Studies at The Heritage Foundation. From 2014 until he joined CIR, he was the Chief of Legal Policy and Strategic Research, and Director of the Center for the Separation of Powers, at Pacific Legal Foundation.
Supreme Court Correspondent, The Washington Post
Robert Barnes has been a Washington Post reporter and editor since 1987. He joined the paper to cover Maryland politics, and has served in various editing positions including metropolitan editor and national political editor . He has covered the Supreme Court since November 2006. He gave up law school plans for a life in newspapers after taking a journalism class in college. It did not occur to him, as it apparently did to others, that he could do both.
Partner, O'Melveny & Myers LLP
Walter Dellinger is an influential authority on appellate and Supreme Court decisions, lending his experience as a former Solicitor General and decades of legal knowledge to amicus briefs, a multitude of pro bono clients, and public and private companies involved in bet-the-company litigation. A frequent commentator for the Wall Street Journal, Slate, and major television networks, Walter holds the designation of the Douglas B. Maggs Emeritus Professor of Law at Duke University. He was named one of the 100 Most Influential Lawyers in America by the National Law Journal and recognized with a Lifetime Achievement Award from the American Lawyer.
Walter, who formerly served as O’Melveny’s Diversity and Inclusion Partner, helped convince the US Supreme Court that proponents of Proposition 8, California's ban on same-sex marriage, did not have standing to appeal a court order invalidating it. That ruling, Hollingsworth v. Perry, cleared the way for marriage equality in California and eventually nationwide.
Walter served as Assistant Attorney General and head of the Office of Legal Counsel (OLC) from 1993 to 1996. He was acting Solicitor General for the 1996-97 Term of the US Supreme Court. During that time, Walter argued nine cases before the Court, the most by any Solicitor General in more than 20 years. His arguments included cases dealing with physician-assisted suicide, the line item veto, the cable television act, the Brady Act, the Religious Freedom Restoration Act, and the constitutionality of remedial services for parochial school children.
Walter has served as Special Counsel to the Board of Directors of the New York Stock Exchange in connection with the NYSE’s transformation into a publicly held company and its acquisition of an electronic trading company.
After serving in early 1993 in the White House as an advisor to the President on constitutional issues, Walter was nominated by the President to be Assistant Attorney General. He was confirmed by the Senate in October 1993 and served for three years. As head of the OLC, Walter issued opinions on a wide variety of issues, including: the President's authority to deploy United States forces in Haiti and Bosnia; whether the trade agreements required treaty ratification; and a major review of separation of powers questions. He provided extensive legal advice on questions arising out of the shutdown of the federal government, on national debt ceiling issues, and on loan guarantees for Mexico.
Walter has published articles on constitutional issues for scholarly journals including the Harvard Law Review, the Yale Law Journal, and the Duke Law Journal, and has written for the New York Times, the Washington Post, Newsweek, the New Republic, and the London Times. He has been a visiting professor at the Catholic University of Belgium and has given lectures to university faculties in Florence, Siena, Nuremberg, Copenhagen, Leiden, Utrecht, Tilburg, Mexico, and Rio de Janeiro, and has delivered major lectures at Stanford, Yale, Harvard, Michigan, Berkeley, Penn, Duke, Chicago, and other US law schools. He has testified more than 25 times before committees of Congress.
In private practice, Walter’s arguments before the United States Supreme Court have included Exxon Shipping Co. v. Baker, Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Alabama v. North Carolina, Hosanna-Tabor v. EEOC, Heller v. District of Columbia, Jackson v. Birmingham School District, Brown v. Legal Foundation of Washington, US Airways v. Barnett, Utah v. Evans, Hunt v. Cromartie, and Hunt v. Easley. His most notable Court of Appeals and state supreme court arguments include Martha Stewart v. United States, Whiteside v. United States, and Exxon v. Alabama, LCI v. Phillips.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
Partner (retd.), Foley & Lardner LLP
Cleta Mitchell was a partner and political law attorney in the Washington, D.C. office of Foley & Lardner LLP and a member of the firm’s Political Law Practice. With more than 40 years of experience in law, politics and public policy, Ms. Mitchell advised nonprofit and issue organizations, corporations, candidates, campaigns, and individuals on state and federal campaign finance law, election law, and compliance issues related to lobbying, ethics and financial disclosure. Ms. Mitchell practiced before the Federal Election Commission, the ethics committees of the US House and Senate and similar state and local enforcement bodies and agencies.
Ms. Mitchell has extensive experience on the federal lobbying and ethics law enacted by Congress in 2007, having taught dozens of seminars on the subject since its passage. In 2008, Ms. Mitchell authored The Lobbying Compliance Handbook, published by Columbia Books, Inc.
Ms. Mitchell represented numerous candidates, campaigns and members of Congress, as well as state and national political party committees. She has served as legal counsel to the National Republican Senatorial Committee and the National Republican Congressional Committee. Ms. Mitchell served as co-counsel for the National Rifle Association in the Supreme Court case involving the 2002 federal campaign finance law.
Ms. Mitchell has testified before Congress on numerous occasions related to election law, campaign finance and lobbying and ethics laws, and is a frequent speaker and guest commentator on political law. In 1999, she authored "The Rise of America’s Two National Pastimes: Baseball and the Law," published by the University of Michigan Law Review, and in 2012, Ms. Mitchell authored “Donor Disclosure: Undermining The First Amendment,” published by the Minnesota Law Review. In 2013, she was interviewed by The Wall Street Journal, “How to Investigate the IRS.”
Ms. Mitchell served on the advisory council to the American Bar Association’s Standing Committee on Election Law and as an advisor on the American Law Institute's Election Law Project entitled, “Principles of Election Law: Dispute Resolution.” She serves on the board of directors of the Lynde and Harry Bradley Foundation, is chairman of the American Conservative Union Foundation, and has served as the president of the Republican National Lawyers Association.
Ms. Mitchell was a member of the Oklahoma House of Representatives from 1976-1984 where she chaired the House Appropriations and Budget Committee. She served on the executive committee of the National Conference of State Legislatures.
Ms. Mitchell was in private law practice in Oklahoma City in litigation and administrative law until 1991 when she became director and general counsel of the Term Limits Legal Institute in Washington, D.C. She litigated cases in state and federal courts nationwide on congressional term limits and served as co-counsel with former U.S. Attorney General Griffin Bell in the Supreme Court of the United States case on term limits for members of Congress.
Ms. Mitchell earned both her B.A., magna cum laude, and J.D. from the University of Oklahoma.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
Partner, Schaerr Jaffe LLP
Gene Schaerr specializes in handling—and usually winning—civil appeals, writ proceedings and similar matters, both in appellate courts and in the law-focused proceedings at the trial-court or agency level that often determine success or failure on appeal. He has argued and won dozens of cases in a variety of forums—including the U.S. Supreme Court (where he has argued six cases), every federal circuit, and numerous federal district courts and state appellate courts. His win rate in the dozens of federal appeals he has argued in the past six years is over 75 percent.
He was a coordinator of Sidley Austin's appellate practice from 1993 until 2005, and from 2005 until 2014 was the chair of the nationwide appellate practice at Winston & Strawn—a practice he led to numerous recognitions in such publications as the Appellate Hot List. His personal practice successes have won him repeated recognition in such publications as Best Lawyers in Washington, D.C., Legal 500, D.C. Superlawyers, and Best Lawyers in America. In January 2014, Mr. Schaerr formed his own boutique litigation firm so that he could serve his clients without the conflicts and inefficiencies inherent in big-firm law practice.
Substantively, Mr. Schaerr's experience includes not only virtually every area of federal law, defamation, higher education law, immigration, insurance coverage, labor and employment, patent and trademark, privacy, product liability and warranty, statutory interpretation and tax.He has represented clients in virtually every sector, including automotive, communications, energy, financial services, health care, higher education, insurance, maritime, pharmaceuticals, technology and state and local government. He also teaches courses in Supreme Court litigation, religious freedom litigation and advanced litigation skills as an adjunct professor of law at the Brigham Young University law school.
Mr. Schaerr began law practice in 1987 following clerkships on the U.S. Supreme Court (for Chief Justice Warren Burger and Justice Antonin Scalia) and on the U.S. Court of Appeals for the D.C. Circuit (for then- Judge Kenneth Starr). He graduated in 1985 from the Yale Law School, where he was Editor-in-Chief of the Yale Journal on Regulation and Senior Editor of the Yale Law Journal. From 1991 to 1993, he served in the White House as Associate Counsel to the President, where he had responsibility for a wide range of constitutional and administrative-law issues, including those involving economic regulation, higher education, separation of powers, federalism and religious freedom. He serves as Chairman of the Constitutional Sources Project, a digital resource providing free public access to historical materials relevant to the U.S. Constitution.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Stevenson Bernard Professor, George Washington University Law School
The Honorable F. Scott Kieff is the Stevenson Bernard Professor at George Washington University Law School and a Visiting Fellow at Stanford University’s Hoover Institution.
He served as Commissioner of the U.S. International Trade Commission from 2013-2017. He also served during the Bush, Obama, and Trump Administrations in the part-time leadership of the national security defense-intelligence community.
He was previously a professor of law and medicine at Washington University in Saint Louis and a Senior Fellow at Hoover. A former law clerk to U.S. Circuit Judge Giles S. Rich, he is a graduate of Penn Law School and MIT, where he studied molecular biology and microeconomics. He was elected to the European Academy of Sciences and Arts in 2012 and the Academia Europaea in 2024.
His private sector work through Kieff Strategies LLC (www.kieffstrategies.com) provides neutral services including mediation and compliance, and expert services including crisis management, advising, and testimony.
Senior Staff Attorney, Electronic Frontier Foundation
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.
William H. Neukom Professor of Law, Stanford University Law School
Mark Lemley is the William H. Neukom Professor of Law at Stanford Law School, the Director of the Stanford Program in Law, Science and Technology, and the Director of Stanford's LLM Program in Law, Science and Technology. He teaches intellectual property, computer and Internet law, patent law, and antitrust. He is the author of seven books (most in multiple editions) and 123 articles on these and related subjects, including the two-volume treatise IP and Antitrust. His works have been cited more than 130 times by courts, including seven United States Supreme Court opinions, and over 9,000 times in books and law review articles. His articles have been reprinted throughout the world, and translated into Chinese, Japanese, Korean, Spanish, Italian, and Danish. He has taught intellectual property law to federal and state judges at numerous Federal Judicial Center and ABA programs, has testified seven times before Congress and numerous times before the California legislature, the Federal Trade Commission and the Antitrust Modernization Commission on patent, trade secret, antitrust and constitutional law matters, and has filed numerous amicus briefs before the U.S. Supreme Court, the California Supreme Court, and the federal circuit courts of appeals.
Mark is a founding partner of Durie Tangri LLP. He litigates and counsels clients in all areas of intellectual property, antitrust, and Internet law. He has argued six Federal appellate cases and numerous district court cases, and represented clients including Comcast, Genentech, Google, Grokster, Hummer Winblad, Impax, Intel, NetFlix, Palm, TiVo, and the University of Colorado Foundation in over 80 cases in two decades as as lawyer.
Mark is the founder and a board member of Lex Machina, Inc., a startup company providing data and analytics around IP disputes to law firms, companies, courts, and policy-makers.
Mark has been named California Lawyer's Attorney of the Year (2005), Best Lawyers’ San Francisco IP Lawyer of the Year (2010), and a Young Global Leader by the Davos World Economic Forum (2007). In 2009 he received the California State Bar’s inaugural IP Vanguard award. In 2002 he was chosen Boalt's Young Alumnus of the Year. He has been recognized as one of the top 50 litigators in the country under 45 by the American Lawyer (2007), one of the 100 most influential lawyers in the nation by the National Law Journal (2006), one of the 10 most admired attorneys in IP (2010) by IP360, one of the 25 most influential people in IP (2010) by the American Lawyer, one of the top intellectual property lawyers in California (2003, 2007, 2009, 2010), and one of the 100 most influential lawyers in California (2004, 2005, 2006, 2008, 2009, 2011) by the Daily Journal, among other honors.
After graduating from law school, Mark clerked for Judge Dorothy Nelson on the United States Court of Appeals for the Ninth Circuit, and has practiced law in Silicon Valley with Brown & Bain and with Fish & Richardson and in San Francisco with Keker & Van Nest. Until January 2000, he was the Marrs McLean Professor of Law at the University of Texas School of Law, and until June 2004 he was the Elizabeth Josslyn Boalt Professor of Law at the Boalt Hall School of Law, University of California at Berkeley.
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 Fellow, Pacific Research Institute
Tom Tanton is a Senior Fellow with the Pacific Research Institute as well as the Principal of T2 & Associates, a firm providing consulting services to the energy and technology industries. Mr. Tanton has over 35 years experience in the energy, economy, and environmental fields.
T2 & Associates are active in the area of energy and interconnected infrastructures, analyzing and providing advice on their impacts on energy prices, environmental quality, and regional economic development. Principals and associates of T2 & Associates have well over a half-century of experience in technology and legislative interface, having been central to many of the critical legislative changes that enabled technology choice and economic development at the state and federal level.
Mr. Tanton’s previous employment includes serving as Vice President and Senior Fellow with the Institute for Energy Research, from 2002 to 2006, and General Manager for EPRI, the Electric Power Research Institute, from 2000 to 2003.
Mr. Tanton has a wealth of experience in energy-related issues in the state of California and nationally. Prior to 2000, Mr. Tanton was the principal policy advisor with the California Energy Commission (CEC) where he was responsible for designing and implementing legislation including electric restructuring, gasoline and natural gas supply and pricing, energy facility siting, environmental issues, technology development, and transportation.
In 1998, Mr. Tanton also served as a team member of the California Governor's Office task force on critical infrastructure security. He was also the lead advisor on energy and infrastructure to California's task force on 21st Century development in 1999.
He has made presentations to a number of commissions and boards in California and nationally, including the California Energy and Public Utilities Commissions. He has also testified before several state legislatures and Congress and provided expert testimony in power plant sitting cases.
Counsel, Environmental Defense Fund
James T. B. Tripp has served as Counsel for Environmental Defense Fund since 1973 and as General Counsel since 1983. Mr. Tripp is responsible for the review of all Environmental Defense Fund legal action initiatives and has been admitted to the New York State Bar, the Southern and Eastern Districts of New York, several U.S. courts of appeal and the United States Supreme Court.
Through Environmental Defense Fund’s Living Cities program, he works on a wide range of land use, transportation, water resources, solid waste, ecosystem restoration and energy issues in the NY metropolitan region. His expertise led to his appointment to the New York State Department of Transportation's Advisory Panel on Transportation Policy for 2025 (2004), New York Governor George Pataki's Greenhouse Gas Task Force (2001-2002), and to Governor Pataki's Superfund Work Group (1999-2000).
Mr. Tripp helped to design a Transfer of Development Rights (TDR) program in the Long Island Pine Barrens, and has also been extensively involved in land conservation and smart growth efforts in the Highlands ecosystem, which stretches from eastern Pennsylvania through New Jersey and New York into western Connecticut.
Through EDF’s Land Water and Wildlife program, he has also been engaged in state and federal efforts to restore the Mississippi River Delta in south Louisiana and bottomland hardwood resources in the lower Mississippi Basin for more than 30 years. He served on former Louisiana Governor Michael Foster's Commission on the Future of Coastal Louisiana, and has served on the Louisiana Governor's Commission on Coastal Restoration and Conservation.
Chairs the board of New Partners for Community Revitalization and the Long Island Pine Barrens Clearinghouse Advisory Board. Formerly, he has chaired the Highlands Coalition Board and the New York City Water Board. He is a member of the Civitas Board, and also serves on the Boards of the Tri-State (New York, New Jersey, & Connecticut) Transportation Campaign, the Pinelands Preservation Alliance, and the Coalition to Restore Coastal Louisiana.
Author or co-author of numerous articles on wetland preservation, groundwater quality, solid waste, design of rights transfer systems, Cuba environmental law and NEPA reform. Recipient, Robert C. Stover Environmental Advocate Award, given by New York State Bar Association (1986).
Assistant US attorney, Southern District of New York (1968- 1973); summer volunteer, lawyers Committee for Civil Rights Under Law (1967, 1968); associate, Hale, Russell & Stentzel (1966-1968).
Professor of Law, George Mason University School of Law
With his work in regulatory takings and other aspects of property law, professor of law Steven Eagle plays an important role in the ongoing dialogue among American legal scholars, lawyers, and judges on the proper interpretation of property rights in the Constitution. He is the author of a leading property treatise and scholarly and popular articles and teaches in programs for judges and the practicing bar.
Professor Eagle came to George Mason in 1987 and also has taught at the law schools of Vanderbilt University, the University of Toledo, and Pace University. He earned his B.B.A. from the City College of New York (1965) and his J.D. from Yale Law School (1970). Professor Eagle teaches the first-year course, Property, Land Use Planning, and an advanced constitutional law seminar on property rights.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Senior Judge, United States District Court for the Southern District of New York
Loretta A. Preska is a senior judge for the United States District Court for the Southern District of New York. She joined the court in 1992 after being nominated by President George H.W. Bush. Preska became the chief judge of the court in May of 2009 when Kimba Wood assumed senior status. She served as chief judge of the court for a seven-year term from 2009 to 2016, and took senior status in 2017.
Preska graduated from the College of St. Rose with her Bachelor's degree in 1970 and also graduated from Fordham Law with her Juris Doctor Degree in 1973. She graduated from NYU Law with her Master of Laws degree in 1978.
Executive Vice President and Dean of the Law Center; Paul Regis Dean Leadership Chair; Professor of Law, Georgetown University Law Center
William M. Treanor is the Executive Vice President of Georgetown University, Dean of the Law Center, and Paul Regis Dean Leadership Chair. Treanor joined Georgetown in 2010 and was reappointed to serve a third term as Dean and Executive Vice President on July 1, 2020.
Under Treanor’s leadership, Georgetown Law has hired 75 new faculty members; tripled the number of experiential offerings for students in its clinical, externship, and practicum programs; transformed its law and technology offerings into a world class program with 19 full-time faculty experts and over 80 courses in this area; and experienced its most successful era of fundraising, culminating in nearly $67 million in giving in the last fiscal year.
Treanor has also advanced Georgetown Law’s commitment to affordability and access. During his tenure, Georgetown has more than doubled financial aid; raised nearly $25 million dollars for the Law Center’s scholarship program for exceptional students with significant financial need; and launched the RISE program, which provides academic support for students from historically underrepresented groups. The Law Center also created the Early Outreach Initiative, which brings the Law Center’s dean of admissions, current law students, and alumni together to encourage students in underserved high schools to consider pursuing careers as lawyers.
In keeping with Georgetown Law’s motto, “Law is but the means; justice is the end,” Treanor has focused on increasing opportunities for students to pursue careers in public interest law. He is proud that nearly 1 in 4 graduates move straight into public service jobs – a ratio higher than any other top law school in America. The Law Center supports post-graduate fellowships that have enabled more than 400 graduates to work in public interest jobs, and, in combination with the law firms ArentFox Schiff and DLA Piper, it has launched the D.C. Affordable Law Firm, a “low bono” law firm where recent Georgetown Law graduates provide legal representation to people of limited means.
The National Jurist magazine has named Treanor one of the most influential people in legal education five times. He is a member of the Morristown (N.J.) High School Hall of Fame. In 2020, he was elected into the American Academy of Arts & Sciences for law and education. Most recently, he was selected for the inaugural Honorable Robert A. Katzmann Award for Academic Excellence by the Burton Awards.
Treanor’s areas of academic expertise include constitutional law, property law, criminal law, intellectual property, and legal history. At Georgetown Law, he has taught a first-year legal justice seminar, an upper-level course on the drafting of the U.S. Constitution, and leadership courses. His writings have principally been in the area of constitutional history, and he has been recognized as one of the 10 most-cited legal history scholars in the United States by the University of Chicago Law School’s Brian Leiter. His early work largely focused on the history of constitutional protections of private property. His article “The Original Understanding of the Takings Clause and the Political Process,” 95 Colum. L. Rev. 782 (1995), was recognized by the Land Use Professors Blog as the most cited land use article of the past 30 years. Treanor’s article, “Judicial Review before Marbury” was cited in the Moore v. Harper (2023) majority opinion written by Chief Justice Roberts. His recent article, “The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution,” examined the changes that Gouverneur Morris and the Committee of Style made in preparing the Constitution’s final draft. W.W. Norton will publish his upcoming book, Fathers of the Constitution: Triumph, Tragedy, and the Creation of the American Republic.
Before coming to Georgetown, Treanor was Dean and Paul Fuller Professor of Law at Fordham Law School. He also served in a variety of positions in the government, including Deputy Assistant Attorney General in the Office of Legal Counsel, U.S. Department of Justice; Associate Counsel, Office of Independent Counsel during the Iran/Contra investigation. He was law clerk to the Honorable James L. Oakes, U.S. Court of Appeals for the Second Circuit. Treanor has a Ph.D. in history from Harvard University, a J.D. from Yale Law School, and a B.A., summa cum laude, from Yale College.
United States v. Stevens - Post-Argument SCOTUScast
Jacob R. Loshin
SCOTUScast 10-16-2009 featuring Jacob R. Loshin
On October 6, 2009, the Supreme Court heard oral argument in United States v. Stevens....
Fair Elections Now Act
William R. Maurer, Craig Holman, Allison R. Hayward
Free Speech & Election Law Practice Group
Assistant Senate Majority Leader Richard Durbin and Sen. Arlen Specter, along with Reps. John Larson...
Coeur Alaska v. Southeast Alaska Conservation Council – Post-Decision SCOTUScast
James S. Burling, Brandon Middleton
SCOTUScast 10-7-09 featuring James S. Burling and Brandon M. Middleton
On June 22, 2009, the Supreme Court announced its decision in Coeur Alaska v. Southeast...
Arizona v. Gant – Post-Decision SCOTUScast
Erik S. Jaffe
SCOTUScast 10-7-09 featuring Erik S. Jaffe
On April 21, 2009, the Supreme Court announced its decision in Arizona v. Gant. In...
Hawaii v. Office of Hawaiian Affairs – Post-Decision SCOTUScast
Todd F. Gaziano
SCOTUScast 10-5-09 featuring Todd F. Gaziano
On March 31, 2009, the Supreme Court announced its decision in Hawaii v. Office of...
Supreme Court October Term 2009: What Is in Store?
Robert Barnes, Walter E. Dellinger, Orin S. Kerr, Cleta Mitchell, Nicholas Quinn Rosenkranz, Gene C. Schaerr
October 5th marks the first day of the 2009 Supreme Court term. Thus far the...
Quanta: Patent Rights in the Supreme Court
Richard A. Epstein, F. Scott Kieff, Fred von Lohmann, Adam Mossoff, Mark Lemley
Intellectual Property Practice Group
LG Electronics owned a patent for a microprocessor chip, which it licensed to Intel, but...
Ashcroft v. Iqbal – Post-Decision SCOTUScast
Jodi S. Balsam
SCOTUScast 9-30-09 featuring Jodi S. Balsam
On May 18th, 2009 the Supreme Court announced its decision in Ashcroft v. Iqbal. In...
Should Vehicle Fuel Emissions Standard Be More Strict? Why and How?
Thomas Tanton, James T.B Tripp, Steven J. Eagle
Environmental Law & Property Rights Practice Group
On September 15, 2009, following the administration’s announcement in May of a new regulation limiting...
Does the Law of Regulatory Takings Impede Growth or Protect the Community?
Richard A. Epstein, Loretta Preska, William M. Treanor
Fordham Student Chapter
The Federalist Society's Fordham Student Chapter presented this panel discussion on September 22, 2009, at Fordham...