Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
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.
Former Attorney General, State of Arizona
Mark Brnovich served as Arizona's 26th Attorney General from 2015 to 2023. He was first inaugurated in 2015, and again in 2019 after winning re-election. Mark has spent most of his professional life serving as a prosecutor at the local, state, and federal levels. Mark met his wife Susan while they both worked as prosecutors for the Maricopa County Attorney's office. Mark worked in the Gang/Repeat Offender Unit and prosecuted many difficult and high profile cases from 1992 to 1998. He then went on to work as an Assistant Attorney General with the Arizona Attorney General's Office from 1998 to 2003, where he developed an expertise in gambling law. Brnovich later went on to serve as an Assistant United States Attorney for the District of Arizona where he prosecuted public integrity crimes, as well as crimes occurring in Indian Country.
Brnovich has also been a Judge Pro Tem of Maricopa County Superior Court, a Command Staff Judge Advocate in the U.S. Army National Guard, the Director for Constitutional Government at the Goldwater Institute, and the Director of the Arizona Department of Gaming, a law enforcement agency that investigates illegal gambling activity, as well as working with tribal regulators to ensure the integrity of tribal gaming.
Brnovich is known for restoring public confidence in the office of "Arizona's Top Cop" and for assembling some of the nation's most talented public servants for his administration. Mark argued at the United States Supreme Court in defense of the "one-person, one-vote" principle, was featured on 60 Minutes in defense of capital punishment, and has initiated national public education efforts to combat human sex trafficking.
Brnovich has been recognized by the National Federation of Independent Business as a "Champion of Small Business." and was elected by his bi-partisan colleagues to serve as the Chairman of the Conference of Western Attorneys General.
Mark's wife Susan was recently appointed by the United States Senate to serve as a U.S. District Judge for the District of Arizona. He has two teenage daughters and lives in Phoenix.
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.
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.
Research Director, Independence Institute
David B. Kopel is Research Director at the Independence Institute; Adjunct Scholar at the Cato Institute; and Senior Fellow at the University of Wyoming College of Law, Firearms Research Center. He received his B.A. in history with Highest Honors from Brown University and his J.D. magna cum laude from the University of Michigan Law School.
He is the author of over 20 books, including the textbook Firearm Law and the Second Amendment: Regulation, Rights, and Policy (Aspen Pubs. 4th ed. forthcoming 2026). His scholarship and briefs have been cited 7 Supreme Court cases--including Heller, McDonald, and Bruen--and in 140 lower courts opinions. He is the author of 120 scholarly articles. His shorter articles often appear on The Volokh Conspiracy blog, hosted by Reason magazine. His topics of interest include the right to arms throughout history, the Colorado Constitution, and law enforcement policy.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Partner, Williams & John LTD
David L. Applegate is a partner of Williams & John Ltd., where he chairs the firm's intellectual property practice group and is a member of the commercial litigation practice group. He focuses his practice on patent, trademark, copyright, trade secret, unfair competition, and business litigation and arbitration, and on U. S. Supreme Court and related amicus brief practice.
Mr. Applegate is a Fellow of Litigation Counsel of America, the Intellectual Property Institute, and the Diversity Law Institute; a Senior Master Member of the Richard Linn American Inn of Court; a Past President of the Chicago Lincoln American Inn of Court; and a Legal Policy Advisor to The Heartland Institute. He is "AV Preeminent" peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for both ethical standards and legal ability, and has been named by his peers for inclusion in Illinois Leading Lawyers and IllinoisSuper Lawyers in both commercial and intellectual property litigation for decades.
Throughout his career, Mr. Applegate has represented corporations and individuals as both plaintiffs and defendants in state and federal litigation at the trial and appellate levels. He has tried multiple cases to verdict in both jury and bench trials nationwide and has argued appeals in the Illinois appellate courts and the U.S. Court of Appeals for the Seventh and Federal Circuits; his amicus brief was cited twice in the U. S. Supreme Court’s 5-4 majority opinion in the Janus case. Mr. Applegate also has extensive commercial arbitration and private mediation experience in both national and international dispute resolution forums, and is a former member of the Chicago International Dispute Resolution Association. In 2001, the U. S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association recognized him for his outstanding individual commitment to pro bono service to indigent clients throughout the Northern District of Illinois.
In addition to his legal practice, Mr. Applegate has written and spoken frequently on matters of law and public policy, including on both local and national television and radio. He is an avid collector and amateur historian of original comic strip and editorial cartoon art, and has written extensively in that field as well for over three decades.
Former Director (consultant), International Affairs, The Federalist Society
From 2005 to 2025, Jim Kelly served on a consulting basis as the Federalist Society’s Director of International Affairs, responsible for outreach to law students, lawyers, and judges in Canada, Europe, and Israel. From 2005 to 2008, he served on the U.S. National Commission to UNESCO, and as Chairman of its Social and Human Sciences Committee. From 2001 to 2008, he served as an official U.S. delegate to five international human rights conferences. In 2019, the U.S. State Department appointed Jim to serve as one of the two U.S. members on the European Commission for Democracy through Law (the “Venice Commission”). In 2020, the State Department named him as an expert to the OSCE Moscow Mechanism. In March 2022, he initiated Ukraine’s consideration and use of the Moscow Mechanism to conduct the first official international investigation of the Russia-Ukraine conflict, which resulted in the Report on Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine (1 April – 25 June 2022). Jim is the Founder of, and Director of Research for, Global Governance Watch, a web-based project that monitors the global governance activities of the UN’s sustainable development and ESG agenda. In 2022, in connection with his position as a Lecturer at the Busch School of Business at Catholic University of America, he authored Evolution of Business, Human Rights, & ESG, consisting of 28 one-hour presentations about the technocratic, anti-democratic, anti-capitalist, and religious nature and practices of the ESG movement. Jim is Founder and President of Solidarity Center for Law and Justice, P.C., which, since 2001, has filed amicus curiae briefs in five landmark U.S. Supreme Court educational and religious liberty cases. He is the Founder and General Counsel of the Georgia GOAL Scholarship Program, Georgia’s largest K-12 tuition tax credit scholarship program, which, since 2008, has awarded scholarships worth $224.3 million to 21,744 students for use at the accredited private K-12 schools of their choice. He has served on the Georgia Judicial Nominating Commission and Georgia Board of Juvenile Justice. In 2005, he authored Christianity, Democracy, and the American Ideal, a collection of the writings of the French-Catholic philosopher, Jacques Maritain. Jim earned his BBA and Law degrees from the University of Georgia. He also earned a Master of Taxation degree from Georgia State University, a Master of Non-Profit Management degree from Regis University, and a Master of International Relations degree from Salve Regina University. Jim and his wife, Lisa, reside in the Atlanta area.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
Founder, Libertas-West Project
Karen Lugo is a constitutional law consultant and national security analyst. She was Director of the Center for Tenth Amendment at Texas Public Policy Foundation from 2013 to 2015. When living in California, she was Co-Director of the Center for Constitutional Jurisprudence Center. From 2005 – 2012, she was a clinical visiting and adjunct professor at Chapman University School of Law where she co-taught the advanced Constitutional Law Clinic. Karen has co-authored and written circuit-level and Supreme Court amicus briefs on such issues as FISA Surveillance, Healthcare Reform, Arizona’s Border Security, Gay Marriage, The Ten Commandments, Eminent Domain, Christian Clubs on University Campuses, and Material Support for Terrorists.
Karen is the founder of the Libertas-West Project, a center for study Islamic integration and radicalization issues. In this capacity, she consulted with the Center for Security Policy to write a book on local over-watch of mosque construction and community engagement called: Mosques in America: A Guide to Accountable Permit Hearings and Continuing Citizen Oversight.
Karen writes and speaks for European and American groups on the importance of basing assimilation efforts on principles of Western exceptionalism. She presented a policy brief to the French Conseil d’Etat analyzing the legal implications of banning the burqa. Ms. Lugo has written one of the most comprehensive overviews of sharia law in American courts, American Family Law and Sharia-Compliant Marriages, for the Federalist Society law journal, Engage. She has written several white papers on the American Law for American Courts legislation and sharia tribunals in America.
Ms. Lugo was an appointee to the California Advisory Committee to the U.S. Commission on Civil Rights. She also taught a Human Rights law course on the contrast between French and English Enlightenment theories in Strasbourg, France.
Until moving from California, Ms. Lugo was a member of the David Horowitz Freedom Center Board of Directors. She was also a regular guest on the Orange County PBS local issues debate program, Inside OC, and she is a contributor to Pajamas Media, National Review Online, City Journal, American Spectator, American Greatness, Townhall.com, American Thinker, Daily Caller, and Family Security Matters. She has been interviewed by dozens of radio hosts and has spoken for civic groups on constitutional and cultural concerns.
"Keep Your Friends Close, But Your Enemies Closer": Internment of Enemy Aliens in the Present Conflict
Theodore Cooperstein
Engage Volume 12, Issue 1, June 2011
United States law, in accordance with customary international law, has since 1798 permitted the internment...
The Slow, Sad Swoon of the Sentencing Suggestions
William G. Otis
Engage Volume 12, Issue 1, June 2011
The Guidelines are a lost cause. When they became optional after Booker, the Sentencing Commission...
Internet Gaming: Is It Too Late to Reboot?
Mark Brnovich, Thomas F. Gede
Engage Volume 12, Issue 1, June 2011
As the 111th Congress wound down in December 2010, Senate Majority leader Harry Reid was...
Ninth Circuit Amends the Clean Water Act . . . or Does It?
Mark C. Rutzick
Engage Volume 12, Issue 1, June 2011
Images of Northwoods logging giant Paul Bunyon have faded for most Americans, but the cable...
Judicial Takings After Stop the Beach Renourishment v. Florida Department of Environmental Protection
James S. Burling
Engage Volume 12, Issue 1, June 2011
We know it is possible for the executive and legislative branches of government to take...
"Health Laws of Every Description": John Marshall's Ruling on a Federal Health Care Law
David B. Kopel, Robert G. Natelson
Engage Volume 12, Issue 1, June 2011
If John Marshall, the greatest of Chief Justices, were to hear a challenge to the...
Insurance Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act
Laura M. Kotelman
Engage Volume 12, Issue 1, June 2011
In June 2009, when the President presented his Financial Reform Plan, the plan set forth...
Prometheus Unbound: The Federal Circuit Responds to Bilski
David L. Applegate
Engage Volume 12, Issue 1, June 2011
Following the U.S. Supreme Court’s decision in Bilski, the U.S. Court of Appeals for the...
Building the Global Welfare State: The United Nations as Community Organizer
James P. Kelly
Engage Volume 12, Issue 1, June 2011
Recently, many American citizens have vigorously debated current, projected, and proposed government spending on health...
Arizona's Immigration Storm
John C. Eastman, Karen J. Lugo
Engage Volume 12, Issue 1, June 2011
This article serves as a counterpoint to Margaret D. Stock’s article Arizona’s Attempt to Enforce...