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.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Doy & Dee Henley Chair and Distinguished Professor of Jurisprude, Chapman University Dale E. Fowler School of Law
Ronald D. Rotunda was the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, the Dale E. Fowler School of Law. He joined the faculty in 2008. Before that, he was University Professor and Professor of Law at George Mason University School of Law. From 2002 to 2006, he was the George Mason University Foundation Professor of Law. Before that, he was the Albert E. Jenner, Jr. Professor of Law, at the University of Illinois. He was a magna cum laude graduate of both Harvard College and Harvard Law School, where he was a member of Harvard Law Review. He joined the University of Illinois faculty in 1974 after clerking for Judge Walter R. Mansfield of the United States Court of Appeals for the Second Circuit, practicing law in Washington, D.C., and serving as assistant majority counsel for the Senate Watergate Committee. He has co-authored the most widely used course book on legal ethics, Problems and Materials on Professional Responsibility(Foundation Press, 12th ed. 2014) and was the author of a leading course book on constitutional law, Modern Constitutional Law (West Academic Co., 11th ed. 2015)(Abridged & Unabridged editions). He was the coauthor of, Legal Ethics: The Lawyer's Deskbook on Professional Responsibility (ABA- West/Thompson Reuters Publishing, St. Paul, Minnesota, 2016-2017 ed.) (Jointly published by the ABA and West/Thompson Reuters Publishing) (with John Dzienkowski). Rotunda also co-authored (with John Nowak) the six-volume Treatise on Constitutional Law (West/Thompson Reuters Publishing, 5th ed. 2012)(with annual updates), and a one volume Treatise on Constitutional Law (West Academic, 8th ed. 2010). He was also the author of several other books and more than 500 articles in various law reviews, journals, newspapers, and books in this country and abroad. His works have been translated into French, Portuguese German, Romanian, Czech, Russian, Japanese, and Korean. These books and articles have been cited more than 2000 times by law reviews, by state and federal courts at every level, from trial courts to the U.S. Supreme Court, and by foreign courts in Europe, Africa, Asia, and South America. He has been interviewed on radio and television on legal issues, both in this country and abroad. In 1993 he was the Constitutional Law Adviser to the Supreme National Council of Cambodia and assisted that country in writing its first democratic constitution. He has consulted with various new democracies in Eastern Europe and the former Soviet Union, including Moldova, Romania, and Ukraine, on their proposed constitutions and judicial codes. He chaired the subcommittee that drafted the American Bar Association's Model Rules for Lawyer Disciplinary Enforcement; was a member of the Publications Board of the A.B.A. Center for Professional Responsibility from 1994 to 2016; was a member of the A.B.A. Standing Committee on Professional Discipline (1991-1997); and was Liaison to the A.B.A. Standing Committee on Ethics and Professional Responsibility (1994-1997). He was a Fulbright Professor in Venezuela in 1986 and a Fulbright Research Scholar in Italy in 1981. In 1996 he assisted the Czech Republic in drafting the first Rules of Ethics for lawyers in that country. During the Spring, 1999 semester, he was Visiting Professor at the University of Alabama School of Law, holding the John S. Stone Endowed Chair of Law. During the summer and fall of 2000, he was the Visiting Senior Fellow in Constitutional Studies at the Cato Institute, in Washington, DC. In the fall of 2001, he was visiting professor at George Mason University School of Law. During November-December, 2002, he was Visiting Scholar, Katholieke Universiteit Leuven, Faculty of Law, Leuven, Belgium. In May, 2004, and December, 2005, he was visiting lecturer at the Institute of Law and Economics, Institut für Recht und Ökonomik, at the University of Hamburg. From early June 2004 to May 2005, he was the Special Counsel to the Department of Defense. He was on the Panel of Contributing Editors that produced, Black's Law Dictionary (West/Thompson Reuters Publishing, 8th ed. 2004; Thomson-Reuters, 10th ed. 2014). From 2005-2006, he was a member of the Task Force on Judicial Functions of the Commission on Virginia Courts in the 21st Century: To Benefit All, to Exclude None.
In May, 2000, American Law Media, publisher of The American Lawyer, the National Law Journal, and the Legal Times picked Professor Rotunda as one of the ten most influential Illinois Lawyers. Also in 2000, a lengthy study that the University of Chicago Press published, which sought to determine the influence, productivity, and reputations of law professors over the last several decades, listed Professor Rotunda as the 17th highest in the nation. The 2002-2003 New Educational Quality Ranking of U.S. Law Schools (EQR) [the last year for which such records are available] ranks Professor Rotunda as the eleventh most cited of all law faculty in the United States. Seehttp://www.leiterrankings.com/faculty/2002faculty_impact_cites.shtml.
In July, 2007, he was one of the main speakers at the International Judicial Conference hosted by the United States Embassy, the Supreme Court of Latvia, and the Latvian Ministry of Justice. The other main speakers were Justice Samuel Alito, the President of Latvia, the Prime Minister of Latvia, the Chief Justice of Latvia, and the Minister of Justice of Latvia. On February 27, 2008, President George W. Bush nominated Ronald D. Rotunda to become a member of the Privacy and Civil Liberties Oversight Board (PCLOB) for an initial four-year term and sent his nomination to the Senate Committee on Homeland Security and Governmental Affairs for confirmation hearings on the nominees. He was selected the Best Lawyer in Washington, DC, in 2009 in Ethics and Professional Responsibility Law, as published in November 2008 in the Washington Post in association with the Legal Times. When he moved to California, he was also selected as one of the Best Lawyers in Southern California, in 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, also in Ethics and Professional Responsibility Law as published in the Los Angeles Times, U.S. News, and American Law Media. On June 17, 2009, he became a Commissioner of the Fair Political Practices Commission, a state regulatory agency (analogous to the Federal Election Commission) that is California's independent political watchdog. He served until January 31, 2013, when his term expired. In 2012, he became a Distinguished International Research Fellow at the World Engagement Institute, a non-profit, multidisciplinary and academically-based non-governmental organization with the mission to facilitate professional global engagement for international development and poverty reduction http://www.weinstitute.org/fellows.html. In 2012, Chapman University honored him with The Chapman University Excellence In Scholarly/Creative Work Award, 2011-2012. Since 2014, he has been a member of the Editorial Board of, The International Journal of Sustainable Human Security (IJSHS), a peer-reviewed publication of the World Engagement Institute (WEI). Rotunda was a Member of the Editorial Board of ABA's Journal of Legal Education (2014 to 2016).
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Fellow, National Security Institute, Antonin Scalia Law School, George Mason University
Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade. He is also a Fellow at the National Security Institute of George Mason University Law School. Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs. His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities. Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism. He has often written and spoken on national security and other public policy issues. Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute. He received his B.A. from Northwestern University and his J.D. from Cornell Law School.
Partner, Jones Day
Kevin Marshall provides clients analysis, strategy, and advocacy involving novel or complex legal issues, particularly in white collar and other compliance matters and in civil litigation arising out of criminal matters or alleged fraud. This includes appeals, dispositive and other critical motions, and prelitigation analyses.
Kevin oversaw trial and appellate briefing, and argued on appeal, in the successful defense of lawsuits arising out of the wiretapping prosecution of a private investigator who had served Jones Day's clients. He also has overseen briefing of, and successfully argued, motions for R.J. Reynolds in connection with arbitration under the Federal Arbitration Act, and the partial settlement, of billion dollar disputes with states under the Master Settlement Agreement. His assistance with investigations and related litigation has included the Foreign Corrupt Practices Act, false claims acts, RICO, civil and criminal fraud, reckless manslaughter, and the intersection of products liability and bankruptcy. Kevin was part of the team representing the National Federation of Independent Business in challenging the constitutionality of the Patient Protection and Affordable Care Act before the Eleventh Circuit and U.S. Supreme Court. He also has advised on and briefed issues under the Consumer Product Safety Improvement Act (CPSIA).
Before joining Jones Day, Kevin was a deputy assistant attorney general in the U.S. Department of Justice's Office of Legal Counsel. He provided authoritative written legal opinions and other legal advice, throughout the executive branch, on the Constitution, treaties, international law including the law of war, and federal statutes and regulations. He also testified three times before Congress.
Judge, U.S. Court of International Trade
M. Miller Baker was appointed as a Judge of the United States Court of International Trade on December 18, 2019, by President Donald J. Trump. Judge Baker entered on duty on December 20, 2019.
A native of Terrebonne Parish, Louisiana, Judge Baker grew up in Louisiana and Wyoming and attended Louisiana State University. Judge Baker thereafter earned his J.D. from Tulane University Law School and was admitted to the Louisiana bar in 1984 at age 22. After graduating from Tulane, he served as a law clerk to Judge John Malcolm Duhé, Jr., of the United States District Court for the Western District of Louisiana and then for Judge Thomas Gibbs Gee of the United States Court of Appeals for the Fifth Circuit. Following his judicial clerkships, from 1986 until the end of the Reagan Administration on January 20, 1989, Judge Baker served in the Justice Department under Attorneys General Edwin Meese III and Richard Thornburgh, first as an attorney-advisor in the Office of Legal Policy, and later as a special assistant to the Assistant Attorney General for Civil Rights. Judge Baker then entered private practice in Washington, D.C., until 1991. From 1991 to 1993 he served as counsel to Senator Orrin G. Hatch on the staff of the Senate Judiciary Committee.
Following his service on the Judiciary Committee staff, Judge Baker returned to private practice in Washington, D.C., focusing on complex civil litigation involving a wide range of subjects at the law firms of Carr Goodson Warner (1993–2000) and McDermott Will & Emery LLP (2000–2019). At McDermott, Judge Baker co-chaired the firm’s appellate practice group.
When he was in private practice, Judge Baker argued before the Supreme Court, nine of the thirteen federal courts of appeals, and appellate courts in three states and the District of Columbia. In 2009, The American Lawyer named Judge Baker as “Litigator of the Week” for one of his Supreme Court wins. In addition to his appellate practice, Judge Baker litigated in state and federal trial courts in seventeen states and the District of Columbia.
From 1986 to 1995, Judge Baker served as a naval reserve intelligence officer and received an honorable discharge. His duties included serving with an anti-terrorist unit, on the battle staff of an admiral commanding a carrier battle group operating in the North Atlantic during a large NATO exercise in the Cold War, and as a watch officer in the Navy Command Center in the Pentagon during the Persian Gulf War.
In the aftermath of 9/11, Judge Baker testified before the House and Senate Judiciary Committees on constitutional and policy issues associated with continuity of government. He also testified before the Continuity of Government Commission, a bipartisan study commission established by the American Enterprise Institute and the Brookings Institution.
Judge Baker and his wife Margaret have five children, two of whom are active duty military officers.
Partner, Gibson, Dunn & Crutcher LLP
Mark A. Perry is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group. His practice focuses on complex commercial litigation at both the trial and appellate levels.
Mr. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States—including winning the landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. (See Overview of Section 101 Patent Cases Decided After Alice v. CLS (as of March 1, 2019)). He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases. He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases. He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center.
Mr. Perry is ranked by Chambers USA in Nationwide Appellate Law, which noted that he “is described as a ‘master strategist and a brilliant writer.’” He has also been recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, by Super Lawyers in the Appellate category, and by IAM Patent—which called him “undoubtedly one of the top appellate specialists in the country”—for his work in the Federal Circuit. Mr. Perry has been named a National Litigation Star for both Appellate and General Commercial by Benchmark Litigation (which has also awarded him Appellate Lawyer of the Year), identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by The American Lawyer. He is a Fellow of the Litigation Counsel of America.
Before joining Gibson Dunn, Mr. Perry served as a law clerk to Justice Sandra Day O’Connor of the Supreme Court of the United States, and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He also worked as what is now called a Bristow Fellow in the Office of the Solicitor General of the United States. Mr. Perry earned his law degree with high honors from the University of Chicago Law School, where he served as Executive Editor of the Law Review. His undergraduate degree was conferred by the University of California at Berkeley.
Mr. Perry is the global co-editor, and co-author of the U.S. chapter, of the international publication Getting the Deal Through: Appeals, and he is the author of the class certification chapter in the PLI treatise Securities Litigation: A Practitioner’s Guide. Other recent publications and additional information are available below. Representative matters and references are available on request.
SCOTUScast 3-28-08 featuring William Otis
William G. Otis
United States v. Ressam
On March 25, 2008, the Court heard oral argument in United States v. Ressam. The...
SCOTUScast 3-28-08 featuring Mark Behrens
Mark A. Behrens
Hall Street Associates v. Mattel
In Hall Street Associates v. Mattel the Supreme Court was asked to consider whether or...
SCOTUScast 3-26-08 featuring Ron Rotunda
Ronald D. Rotunda
Munaf v. Geren and Geren v. Omar
On March 25, 2008, the Supreme Court heard oral argument in the consolidated cases of...
SCOTUScast 3-25-08 featuring Rick Esenberg
Rick M. Esenberg
Federal Express v. Holowecki
On February 27, 2008, the Supreme Court decided the case of Federal Express v. Holowecki....
SCOTUScast 3-25-08 featuring Vince Vitkowsky
Vincent Vitkowsky
Republic of the Philippines v. Pimentel
On March 17, 2008, the Supreme Court heard oral argument in Republic of the Philippines...
SCOTUScast 3-24-08 featuring Kevin Marshall
C. Kevin Marshall
District of Columbia v. Heller
On March 18 2008 the Court heard oral argument in District of Columbia v. Heller....
SCOTUScast 3-24-08 featuring Andy Grewal
Boulware v. United States
On March 3, 2008 the Court decided the case of Boulware v. United States. The...
SCOTUScast 3-20-08 featuring Miller Baker
M. Miller Baker
Washington State Grange v. Washington State Republican Party
To listen, please right click on the audio file you wish to hear and then...
SCOTUScast 3-14-08 featuring Mark Perry
Mark A. Perry
Preston v. Ferrer
On February 20, 2008, the Supreme Court decided Preston v. Ferrer. The Court held that...
Debating the Role of the Chief Justice in Judicial Selection
Woody Cozad, Samuel J. Hais, William J. Placke, Randy Scherr, Tom Walsh
St. Louis Lawyers Chapter
The Federalist Society's St. Louis Lawyers Chapter presented this debate on March 11, 2008. Speakers...